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10:44 AM 07/06/06 Accrual Basis PADA 3 7 6 e Lt. Income Expense Account Listing 2006 Apps O r 2006 Ordinary Income /Expense Income 4150 Art on the Town Contributions 4200 City Contract 4300 Design 4301 Design (Benches) Total 4300 Design 4400 Holiday Lights Contributions 4450 Membership Dues Fund Raising 4550 Parking Income 4551 Budget Lease 4552 Dupar 4553 Parking Permits Total 4550 Parking Income 4600 PBIA Assessments 4650 Project Income Businesses 4700 Promotions Income 4999 Interest Income Total Income Expense 6050 Administrative Expenses 6052 Downtown Resource Ofcr 6050 Administrative Expenses Other Total 6050 Administrative Expenses 6080 AOT Annual Fund Transfer 6100 Communication 6101 Long Distance 6102 Postage 6103 Telephone 6100 Communication Other Total 6100 Communication 6120 Contract Labor Admin. Asst. 6130 Design Expense 6131 Design Exp Benches 6130 Design Expense Other Total 6130 Design Expense 6140 Donation 6160 Dues, Licenses, Fees 6170 EC. Restr. 6190 Holiday Lights 6200 Insurance 6202 Liability Total 6200 Insurance ,L AUG 2 4 2006 CITY OF PORT ANGELE CITY CLERK 1,500.00 20,000 00 37,500.00 37,500 00 3,500.00 3,000 00 18,480 00 18,850 00 15,670 00 53,000 00 43, 750.00 2,000 00 5,000 00 700 00 169,950.00 3,750 00 5,000 00 8,750 00 2,000 00 250.00 1,000 00 2,000 00 200 00 3,450 00 4,000 00 37,500 00 5,000.00 42,500 00 400 00 430.00 1,000.00 3,500 00 2,000 00 2,000 00 Page 1 of 2 10:44 AM 07/06/06 Accrual Basis Net Income PADA Income Expense Account Listing 2006 Approved Budget 6210.Office Equipment 6220.Office Expense 6221 Maintenance 6222 Other Expense Total 6220.Office Expense 6300 Parking Expense 6304 Legal 6300 Parking Expense Other Total 6300 Parking Expense 6400 Photo 6410 Printing, Photocopies 6420 Professional Fees 6430 Promotions 6440 Rent 6500 Payroll Expenses 6501 Net Wages Total 6500 Payroll Expenses 6600 Employee Benefits 6601 Annual Pkg. Permit 6602 Medical Insurance Total 6600 Employee Benefits 6700 Payroll Taxes 6701 Employment Security 6702 FICA 941 Deposit 6703 FUTA 6704 L I Total 6700 Payroll Taxes 6900 Other Expenses Total Expense Net Ordinary Income 2006 1,800 00 200.00 1,000.00 1,200.00 2,000.00 14,000.00 16,000 00 600.00 2,500 00 3,185 00 6,000.00 3,000.00 37,615 00 37,615.00 150 00 7,750.00 7,900 00 510 00 10,290.00 56 00 264 00 11,120 00 11,000 00 169,950 00 0 00 0.00 Page 2 of 2 PADA Profi Loss Budget vs. Actual D N g paguly TroQg' June 2006 Ordinary Income /Expense AUG 2 4 2006 1 in 06 Budget Over Budget of Budget Income 4150 Art on the Town Cont ibuti In 230 00 1,500 00 -1,270 00 15 3% 4200 City Contract OF PORT ANGELES 10,000 01 20,000 00 -9,999 99 50 0% 4300 Design CITY CLERK 4301 Design (Benches) 12,000.00 37,500.00 25,500 00 32 0% Total 4300 Design 12,000 37,500 00 25,500 00 32 0% 4400 Holiday Lights Contributions 0 00 3,500 00 -3,500 00 0 0% 4450 Membership Dues Fund Raising 4451 B 0 Fundraiser 300 00 4450 Membership Dues Fund Raising Other 750 00 3,000 00 -2,250 00 25 0% Total 4450 Membership Dues Fund Raising 1,050 00 3,000.00 -1,950 00 35 0% 4550 Parking Income 4551 Budget Lease 9,240 00 18,480 00 -9,240 00 50 0% 4552 Dupar 9,517 92 18,850.00 -9,332 08 50 4553 Parking Permits 13,715.90 15,670 00 -1,954 10 87 5% Total 4550 Parking Income 32,473 82 53,000 00 20,526 18 61 3% 4600 PBIA Assessments 21,994 90 43,750 00 21,755 10 50 3% 4650 Project Income Businesses 805.00 2,000 00 -1,195 00 40 3% 4700 Promotions Income 1,950 00 5,000 00 -3,050 00 39 0% 4950 Miscellaneous Income 500.22 4999 Interest Income 398 16 700 00 -301 84 56 9% 1::3 PM 08/11/06 Accrual Basis Total Income Expense 6050 Administrative Expenses 6052 Downtown Resource Ofcr 6050 Administrative Expenses Other Total 6050 Administrative Expenses 6070 Annual Meeting 6080 AOT Annual Fund Transfer 6100 Communication 6101 Long Distance 6102 Postage 6103 Telephone 6100 Communication Other Total 6100 Communication 6120 Contract Labor Admin. Asst. 6130 Design Expense 6131 Design Exp Benches 6130 Design Expense Other Total 6130 Design Expense 6140 Donation 6150 Downtown Dollars Expense 6152 Promotion Total 6150 Downtown Dollars Expense 6160 Dues, Licenses, Fees 6161 Bank Service Charges 6160 Dues, Licenses, Fees Other Total 6160 Dues, Licenses, Fees 6170 EC. Restr. 6190 Holiday Lights 6200• Insurance 6202 Liability Total 6200 Insurance 6210. Office Equipment 81,402 11 169,950 00 88,547 89 47 9% 0 00 2,512 50 2,512.50 283 86 0 00 0.00 320.47 1,080 27 0.00 1,400 74 172 50 13,900 00 395 22 14,295 22 0 00 1,050 00 1,050 00 19.83 170 00 189 83 0 00 1,564.84 0 00 0 00 180.80 3,750 00 -3,750 00 0 0% 5,000 00 -2,487 50 50 3% 8,750 00 -6,237 50 28 7% 2,000 00 -2,000 00 0 0% 250 00 -250 00 0 0% 1,000.00 -679 53 32 0% 2,000 00 -919 73 54'0% 200.00 -200 00 0 0% 3,450 00 -2,049 26 40 6% 4,000 00 -3,827 50 4 3% 37,500.00 23,600 00 37 1% 5,000.00 -4,604 78 7 9% 42,500.00 28,204 78 33 6% 400 00 -400 00 0 0% 430 00 -260 00 430 00 -240 17 1,000 00 -1,000 00 3,50000 1,93516 2,000 00 -2,000 00 2,000 00 -2,000 00 1,800 00 -1,619 20 39 5% 441% 0 0% 44 7% 0 0% 0 0% 10 0% Page 1 1:26 PM 08/11/06 Accrual Basis PADA Profit Loss June 2006 Jun 06 i•dinary Income /Expense Income AUG 2 4 2006 4150 Art on the Town Contributions 230 00 4200 City Contract 1,666 67 4300 Design ...ATV OF PORT ANGELES 4301 Design (Benches) 500 00 CITY CLERK Total 4300 Design 500.00 4550 Parking Income 4551 Budget Lease 1,540 00 4552 Dupar 1,586.32 4553 Parking Permits 6,356.25 Total 4550 Parking Income 9,482.57 4600 PBIA Assessments 1,879 19 4700 Promotions Income 75.00 4999 Interest Income 202.67 Total Income 14,036 10 Expense 6050 Administrative Expenses 696.40 6120 Contract Labor Admin. Asst. 172.50 6160 Dues, Licenses, Fees 6161 Bank Service Charges 19 83 6160 Dues, Licenses, Fees Other 160 00 Total 6160 Dues, Licenses, Fees 179 83 6220 Office Expense 6221 Maintenance 105.00 6223 Supplies 397 49 Total 6220.Office Expense 502.49 6300 Parking Expense 6307 Paving /Striping 328 84 6308 Seal Coating 805.10 Total 6300 Parking Expense 1,133 94 6410 Printing, Photocopies 463.91 6430 Promotions 1,220.82 6440 Rent 250 00 6500 Payroll Expenses 6501 Net Wages 3,134 64 Total 6500 Payroll Expenses 3,134.64 6600 Employee Benefits 6602 Medical Insurance 616 00 Total 6600 Employee Benefits 616 00 6700 Payroll Taxes 6702 FICA 941 Deposit 857.37 Total 6700 Payroll Taxes 857 37 6900 Other Expenses 6910 Conference Expenses 570 90 Total 6900 Other Expenses 570 90 Total Expense 9,798 80 Net Ordinary Income 4,237 30 Net Income 4,237.30 Page 1 1:40 PM 08/11/06 Accrual Basis ASSETS Current Assets Checking /Savings 1110• Art on the Town 1120 Emerg. Op Fund CD 1121 Unallocated Funds CD 1120 Emerg. Op Fund CD Other Total 1120 Emerg. Op Fund CD 1130 First Federal 1140 Parking 1141 Parking CD 1150 Petty Cash 1160 Plaque Resery Acct 1161 Unallocated MM 1160 Plaque Resery Acct Other Total 1160 Plaque Resery Acct Total Checking /Savings Accounts Receivable 1200 Accounts Receivable 1220 A/R City Contract 1230 A/R Dupar 1240 A/R Parking Permits 1250 A/R PBIA Total 1200 Accounts Receivable Total Accounts Receivable Total Current Assets Other Assets 1610 Association Equip 1620 Tree Lighting Total Other Assets TOTAL ASSETS LIABILITIES EQUITY Equity 3000.Opening Bal Equity 3900 Retained Earnings Net Income Total Equity TOTAL LIABILITIES EQUITY PADA Balance Sheet As of June 30, 2006 Jun 30, 06 694 98 2,665.35 10,007.00 12,672 35 6,076 29 398 95 10,917 30 54 44 757.93 1,732 48 2,490 41 33,304.72 10,000.01 1,586.32 1,305 83 3,645 83 16,537 99 16,537.99 49,842 71 2,138 20 1,525.00 3,663 20 53,505.91 40,980.75 4,276 82 8,248 34 53,505 91 53,505.91 i Page 1 1;33 PM PADA 08/11/06 Profit Loss Budget vs. Actual Accrual Basis January through June 2006 Total 6600 Employee Benefits 6700 Payroll Taxes 6701 Employment Security 6702 FICA 941 Deposit 6703 FUTA 6704 L I Net Income Total 6700 Payroll Taxes 6900 Other Expenses 6910 Conference Expenses 6900 Other Expenses Other Total 6900 Other Expenses Total Expense 73,553 77 Net Ordinary Income 7,848 34 Other Income /Expense Other Income 7000 Uncategorlzed Income 400 00 Total Other Income 400 00 Net Other Income 400 00 Jan Jun 06 Budget Over Budget of Budget 6220 Office Expense 6221 Maintenance 377 08 200.00 177 08 188 5% 6222 Other Expense 596 38 1,000 00 -403 62 59 6% 6223 Supplies 633 85 Total 6220.Office Expense 1,607 31 1,200 00 407 31 133 9% 6300 Parking Expense 6304 Legal 0 00 2,000 00 -2,000 00 0 0% 6306 Main Street Magazine Map 500 00 6307 Paving /Striping 1,308 84 6308 Seal Coating 805 10 6309 Parking Lot Planters 562 43 6312 Sweeping /Snow Removal 1,138.74 6300 Parking Expense Other 0 00 14,000 00 14,000 00 0 0% Total 6300 Parking Expense 4,315 11 16,000 00 11,684 89 27 0% 6400 Photo 252 18 600 00 -347 82 42 0% 6410 Printing, Photocopies 1,087.36 2,500 00 -1,412 64 43 5% 6420 Professional Fees 246 03 3,185 00 -2,938 97 7 7% 6430 Promotions 5,934.58 6,000 00 -65 42 98 9% 6440 Rent 1,720 00 3,000 00 -1,280 00 57 3% 6460 Web Site 402 85 6500 Payroll Expenses 6501 Net Wages 18,807 92 37,615 00 18,807 08 50 0% Total 6500 Payroll Expenses 18,807 92 37,615 00 18,807 08 50 0% 6600 Employee Benefits 6601 Annual Pkg. Permit 150 00 150.00 0 00 100 0% 6602 Medical Insurance 3,696 00 7,750 00 -4,054 00 47 7% 3,846 00 7,900 00 -4,054 00 48 7% 55 63 5,144 22 56 00 116 49 5,372 34 8,311 80 0 00 8,311 80 8,248.34 0.00 510 00 454.37 10,290 00 -5,145 78 56 00 0 00 264 00 -147 51 11,120 00 -5,747 66 11,00000 11,00000 11,000 00 -2,688 20 169,950 00 96,396 23 0 00 7,848 34 10 9% 50 0% 100 0% 441% 48 3% 0 0% 756% 43 3% 100 0% 8,248.34 100.0% Page 2 Budget Name: Budget 2 3/31/05 File: PORT ANGELES DOWNTOWN ASSOCIATION Category Name 2005 Income Art on the Town Contributions 12,000 City Contract 17,500 Holiday Lights Contribution 3,350 Interest Inc 400 Membership Dues -Fund Raising 9,000 Parking Other 53,000 Parking:Budget Lease 0 Parking: Decals 0 Parking:Dupar 0 PBIA Assessments 43,750 Project Income Businesses 5,000 Promotions Income 9,000 Total Income 153,000 Mandatory Expense Administrative Other (6,000) AOT Annual Fund Transfer (12,000) Contract Labor -Admen. Asst. (6,000) Design (10,000) Donations (400) Dues, Licenses, Fees (330) Economic Restructuring Committ (1,500) Employee Benefits Other (150) Holiday Lights (3,350) Maintenance Supplies (210) Office Equipment (600) Office Expense Other (1,875) Parking Legal Expenses 0 Parking Maintenance (26,000) Photography Expense (400) Printing, Photocopies (1,070) Professional (2,600) Promotions (14,000) Mandatory Expenses Communications Other 0 Communications Distance Phone (42) Communications:Phone (900) Communications:Postage (840) Employee Benefits:Medical Insurance (7,236) Insurance (1,975) Parking Management 0 Payroll (39,500) Payroll Taxes Other 0 Payroll Taxes:Employment Security (392) Payroll Taxes Withhold Employee Paid 0 Payroll Taxes:FICA Employee Paid 0 Payroll Taxes:FICA Employer Paid (3,022) Payroll Taxes:FUTA (56) Payroll Taxes.Labor Industnes (232) Rent (1,320) Unassigned (11, 000) Total Expenses (153,000) Total Income 153,000 Total Expenses (153,000) Difference 0 TOWN ASSOCIATION Page 1 0 .1g Wri J._ AUG 2 4 2006 :ATV OF PORT ANGELES CITY CLERK PADA Dd O d Balance Sheet As of December 31, 2005 AUG 2 4 2006 Dec 31, 05 ASSETS Current Assets Checking/Savings Art on the Town 464.98 Emerg. Op Fund CD Unallocated Funds CD 2,665.35 Emerg. Op Fund CD Other 9,802.14 Total Emerg. Op Fund CD 12,467.49 First Federal 13,811.65 Parking 1,382.11 Parking CD 10,740.80 Petty Cash 54.44 Plaque Resery Acct Unallocated MM 757.93 Plaque Resery Acct Other 2,485.10 Total Plaque Resery Acct 3,243.03 Total Checking/Savings 14,541.20 Total Current Assets 14,541.20 Other Assets Association Equip 2,138.20 Tree Lighting 1,525.00 Total Other Assets 3,663.20 TOTAL ASSETS 18,204.40 LIABILITIES EQUITY Equity Opening Bal Equity 42,520.75 Retained Earnings 21,165.59 Net Income 3,150.76 Total Equity 18,204.40 TOTAL LIABILITIES EQUITY 18,204.40 :ITY OF PORT ANGELES CITY CLERK Page Total Income PADA Profit Loss January through December 2005 Income Administrative Collections Art on the Town Contributions City Contract Downtown Dollars Income Holiday Lights Contributions interest Income Membership Dues Fund Raising Miscellaneous income Parking Income PBIA Assessments Promotions Income Jan Dec 05 130.00 3,500.00 20,000.00 70.00 300.00 668.13 400.00 656.00 53,119.42 31,940.32 4,365.50 115,149.37 Expense Administrative Expenses 6,021.60 Advertising Expense 387.60 Annual Meeting 288.84 Art on the Town Expenses Installation 85.28 Sculpture Purchase 3,622.76 Art on the Town Expenses Other 3,684.59 Total Art on the Town Expenses 7,392.63 Communication Long Distance 47.40 Postage 1,265.18 Telephone 1,494.19 Total Communication 2,806.77 Contract Labor Admin. Asst. 1,198.75 Design Expense 6,524.05 Donation 1,861.82 Downtown Dollars Expense Participants 212.50 Promotion 212.50 Downtown Dollars Expense Other 100.00 Total Downtown Dollars Expense 525.00 Dues, Licenses, Fees Bank Service Charges 10.00 Signature Fee 20.00 Dues, Licenses, Fees Other 830.00 Total Dues, Licenses, Fees 860.00 Employee Benefits Annual Pkg. Permit 150.00 Total Employee Benefits 150.00 Holiday Lights 3,081.90 Insurance Liability 628.00 Insurance Other 948.00 Total Insurance 1,576.00 Office Equipment 719.12 Office Expense Maintenance 175.00 Other Expense 478.67 Supplies 1,637.24 Total Office Expense 2,290.91 Other Expenses 245.60 Parking Expense Legal 231.00 Main Street Magazine Map 3,200.00 0 1 M 0 W [Ps 1 AUG 2 4 200E ;ITY OF PORT ANGELE CITY CLERK Page 1 2ITY OF PORT ANGELES Paving/Striping 4,000.00 CITY CLERK Sidewalk Planters 833.91 Signage 137.40 Sweeping /Snow Removal 4,824.28 Total Parking Expense 13,226.59 Payroll Expenses Medical 7,392.00 Net Wages 37,102.60 Payroll Expenses Other 400.00 Total Payroll Expenses 44,894.60 Photo 48.34 Printing, Photocopies 678.93 Profesional Fees Consulting 632.04 Profesional Fees Other 647.83 Total Profesional Fees 1,279.87 Promotions 10,927.80 Rent 1,320.00 Super Sleuth 20.14 Taxes 941 Deposit 9,414.10 Employment Security 262.89 FUTA 56.00 L I 240.28 TOW icxpense Net Income PADA Profit Loss January through December 2005 Jan Dec 05 Total Taxes 9,973.27 1 i d,300.13 -3,150.76 a 0 W 7 1 AUG 2 4 ?000 Page 2 MEMO Date: CITY ATTORNEY Craig Knutson City Attorney [4531] Dennis Dickson Sr. Assistant City Attorney [4532] Candace Kathol Legal Assistant [4576] Diana Lusby Administrative Assistant [4530] Jeanie DeFrang Administrative Assistant [4530] W A S H I N G T O N U.S. A. To: From: Subject: EDC and PADA Contracts After the February 5, 2002 City Council meeting, Councilman Williams told me that he had intended to ask why the EDC and PADA contracts for 2002 had inconsistent provisions. Apparently, he forgot to ask his question during the consent agenda portion of the meeting. Specifically, he wondered why the EDC contract contained a non discrimination clause but the PADA contract did not and why the PADA contract required a $1 million insurance policy but the EDC contract did not. I bring this to your attention so that next year you are prepared to address these apparent inconsistencies. Craig D. Kon City Attorney' CDK:dl C tDMEMOck- TSuuth February 6, 2002 LES Tim Smith, Economic Development Director ✓Becky Upton, City Clerk Craig D. Knutson, City Attorney 5.7 0 April 11, 2002 W A S H I N G T O N 0„ "IRT U.S.A. CITY CLERK NGELES TO: Mike Quinn, City Manager FROM: Becky J. Upton, City Clerk/Management Assistant SUBJECT: City Parking Lots on Tidelands East Approximately one week ago, Arla Holzschuh of the Port Angeles Downtown Association contacted me with regard to some concerns relative to the City parking lots on Tidelands East. Arla indicated she had discussed her concerns with you, and I was being asked to research the background documents on City -owned parking lots. Apparently, in the early 80's, the Downtown Parking Association had "turned over" certain lots in Tidelands East to the City. Arla thought there may be a requirement that, if the City were to sell any of those lots, then the funds derived from the sale would have to revert back to other parking in the downtown area. Trenia Funston and I have been researching various City documents and, thus far, we have been unable to locate anything that supports Arla's contention. I researched City Council minutes, quit claim deeds, contracts and agreements, etc. Trenia checked various Public Works files and found nothing. Please advise if there is anything else we can do to assist in this matter. 5,7 Board of Directors 2004 Kristin Tucker President K Tucker Accounting 452 -9749 Janice Harbick Vice President Five SeaSuns 452 -8248 Charles Smith Treasurer Lindberg and Smith 452 -6116 Barbara Fredenck Secretary Individiial Member 452 -2998 John Brewer Director Peninsula Daily News 417 -3500 Evan Brown Director Brown's Outdoor 457-4150 Roy Gotham Director The Toggery 457 -4303 Jack Harmon Director Victona Express 452 -8088 Marlene Hulett Director Regence Blue Shield 417 -8308 Sandy Long Director Itty bitty BUZZ 565 -8080 Jelorma McClean Director PA Farmers' Market 457-6186 Terry Roth Director Northwest Duty Free 452 -8556 Kevin Thompson Director Family Shoe Store 452 -3741 Rudy Hiener Past President Bay Vanety 457 -5200 Staff Ada Holzschuh 457 -9614 1051 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360 457 -9614 Fax. ,360- 457 -9614 Email pada @olypen com PORT ANGELES ASSOCIATION To: Port Angeles Downtown Association (PADA) Members From: PADA Board of Directors Date: September 17, 2004 Re: Parking and Business Improvement Area (PBIA) assessments Thank you. Oxr N4lf.fiNt, if 1 deve'L7) oulf ronote" GL IteaCttJ axd mwerou 1Jow ttvIwtt 5. What is the Parking and Business Improvement Area? A Parking and Business Improvement Area (PBIA) is a self -help funding mechanism, authorized by state law RCW 35.87A, that allows use of a special assessment from businesses within a defined area, to provide promotion of public events; decoration of any public area within the area acquisition, construction, and maintenance of parking facilities; maintenance of public areas; and professional management, planning and promotion of the area including retail trade activities. History of the Downtown Port Angeles PBIA. In 1985, Downtown business owners petitioned the City of Port Angeles to establish a Parking and Business Improvement Area. The purpose of this petition was to organize and fund management, promotion, image improvement, and parking in Downtown. The area includes all of Downtown from Valley Street to 200 feet east of Lincoln, from the harbor to the bluff, and east of Lincoln to 3` Street. The PBIA Ordinance #2351 and assessment rates were adopted by the Port Angeles City Council on September 4, 1985. In 1990, the Council approved an increase in the assessment. In 2003 and 2004, after notification to the assessment area businesses, the PADA held a number of General Meetings for the membership regarding a request for an assessment increase. No opposition to the proposed increase was received at any of the meetings and a request for an increase in the annual assessment rate was sent to the City. A review of Main Street TM and the PBIA was emailed or sent to Downtown businesses prior to the public hearing before the City. Council. On September 7, 2004, following the public hearing, the Council voted to increase the annual assessments as stated in a Public Notice and Resolution No.14 -04 that the City sent to all assessed businesses. In the past the City has billed the assessment annually. The first billing of the new assessment rate represents an adjustment to establish a quarterly rather than an annual billing. Future billings will be quarterly. If you have any questions regarding this billing or the PBIA, please contact Aria at the office, 457 -9614. ORDINANCE NO. 3168 AN ORDINANCE of the City of Port Angeles, Washington, amending Section 3 of Ordinance 2579 as amended by Ordinance 2458, relating to the Parking and Business Improvement Area. WHEREAS, the Port Angeles Downtown Association has determined that it is necessary to raise the annual assessment rates for payments by Downtown businesses, in order to provide necessary funds for improvements within the PBIA; and WHEREAS, the City Council has considered this request, and on September 7, 2004, pursuant to notice as required by law, conducted a public hearing on the matter, and determined the assessment rate increase to be necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. Section 3 of Ordinance No. 2579 is hereby amended to read as follows: Section 3. The businesses in the PBIA shall be the subject to the provisions of a special assessment authorized by RCW 35.87A.010. The rate of levy of the annual assessment is: Annual Assessment Business Area 2004 2005 2006 and thereafter (-80:90 $120 140 $160 Less than 1.000 sa.ft. 133.00 200 233 266 1.000 -5.000 scat. 800 300 350 400 5.000 or more sa.ft. This assessment shall be billed in Quarterly installments. For the purpose of said rates of assessment, "business area" shall be defined as gross business and business support space. Businesses which provide up to 50% of their off street parking need (per City parking requirements) will have their annual assessment -1- reduced by one assessment level; however, no one will pay less than $80 pal ycai. the rate for less than 1.000 so. ft. In addition to the annual assessments, businesses starting operation in the PBIA after September 15, 1985, shall pay a one -time special assessment of $100.00. Section 2 Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of September, 2004. ATTEST: Becky J. Up Clerk APPROVED AS TO FORM: „ize„.:._ 1 William E. Bloor, City Attorney PUBLISHED: September 12. 2004 By Summary G 1Legal_ BackuplORDINANCES &RESOLUflON512004.13 -PBIA August 20, 2004 (9 06am) 2k()(e MAYOR RESOLUTION NO. 14 -04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing to consider an increase in fees charged by the Port Angeles Downtown Association relating to the Parking and Business Improvement Area. WHEREAS, by Ordinance No. 2351, effective September 4, 1985, the City Council established a parking and business improvement area and provided for special assessments on businesses within that area; and WHEREAS, the amount of said assessments has not been increased since Ordinance No. 2351 was amended by Ordinance 2579 and approved in 1990 increasing the assessment established in 1985; and, WHEREAS, the Port Angeles Downtown Association has determined that it is necessary to raise the annual assessment rates in order to provide necessary funds for improvements within the PBIA; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: Section 1. The proposed annual assessment rates for payments by Downtown businesses are as follows: 2004 2005 2006 and thereafter $120 $140 $160 Less than 1.000 sa.ft. 200 233 266 1.000 -5.000 sa.ft. 300 350 400 5.000 or more sa.ft. Section 2. The Council will conduct a public hearing on September 7` 2004, at 7:00 p.m., or as soon thereafter as possible, to consider the proposed assessments. Council held on the l7thday of Auaust ATTEST: APPROVED AS TO FORM: Section 3. The Clerk is directed to give notice of the hearing as required by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Publish: August 2 4,2004 William Bloor, City Attorney G \Legal_ Backup \ORDINANCES &RESOLUTIONS\R2004 -8 PBIA wpd August 11, 2004 (10 22am) A to Z New and Used Mark Frederick 114 E. Front Street Port Angeles, WA 98362 Judy Walrath All Flags Travel 127 E. 1' Street, Suite 1 E Port Angeles, WA 98362 Matt Bailey Anime House 112 S. Lincoln Street Port Angeles, WA 98362 Todd Clayton Athlete's Choice 215 W. 1S` Street Port Angeles, WA 98362 Dean Skaggs Baxter Auto Parts 9440 N. Whitaker Road Portland, OR 97217 Neil Conklin Bella Italia 118 E. 1' Street Port Angeles, WA 98362 BPOE 131 E. 1S` Street Port Angeles, WA 98362 Jack Heckman Budget Rent a Car 111 E. Front Street Port Angeles, WA 98362 Jim Haguewood Clallam County EDC P O. Box 1085 Port Angeles, WA 98362 Celeste Maier, MSW 123 Draper Valley Road Port Angeles, WA 98362 Absolutely Fabulous 222 N. Lincoln Street Port Angeles, WA 98362 Alley Cat Boutique ATTN: Tracie Hedin 123 W. 1S` Street Port Angeles, WA 98362 Dan Miller Armory Square Mall P. O. Box 1142 Port Angeles, WA 98362 Sylvia Wanner Ballet Workshop 125 Wanner Road Port Angeles, WA 98362 Michele Adolphsen Bay Variety 135 W. 1' Street Port Angeles, WA 98362 Wayne Barrett Black Ball Transport 101 E. Railroad Ave. Port Angeles, WA 98362 Evan Larry Brown Brown's 112 W. Front Street Port Angeles, WA 98362 Michael Colgan Budget Tapes 111 W. Front Street Port Angeles, WA 98362 Captain T's ATTN: Johnie or Keith P. O. Box 993 Port Angeles, WA 98362 Irene Rexroat Christian Science Reading Room 114 N. Laurel Street Port Angeles, WA 98362 /q4/ .112,tt.L. Kathleen Hanning Advanced Body Works P. O. Box 1274 Port Angeles, WA 98362 Ambrosia ATTN: Jan 108 E. 1 S` Street Port Angeles, WA 98362 Scott Johns Art Space P. O. Box 07 Port Angeles, WA 98362 Gary Braaten Bank of America 102 E. Front Street Port Angeles, WA 98362 Francis Beckett Beckett's Bike Shop 124 W. 1' Street, Suite B Port Angeles, WA 98362 Jr. Fraya Johnson Blue Dolphin P. O. Box 2105 Port Angeles, WA 98362 Charlene Bryant Bryant's Upholstery 324 W. 1S` Street Port Angeles, WA 98362 Larry Ziegler Camera Corner 135 E. First Street Port Angeles, WA 98362 Mike Szatlocky Cedarwood Group 105 `/z E. 1S` Street Port Angeles, WA 98362 City of Port Angeles Light Dept. ATTN: Dave Ireland P. O. Box 1150 Port Angeles, WA 98362 Carol Janda Clallam Art League 115 E. Railroad Ave., Suite 103 Port Angeles, WA 98362 Joanne Birkland Cornerhouse 101 E. Front Street Port Angeles, WA 98362 Kelly Sandhu Dairy Queen 125 E. Railroad Ave. Port Angeles, WA 98362 Dave Delaney Delaney' s 136 E. Front Street Port Angeles, WA 98362 Bonita Melville Diamond Gallery 101 W. 1S` Street Port Angeles, WA 98362 DSHS DDD 228 W. 1st Street, Suite E -G c/o Armory Square, Box 1142 Port Angeles, WA 98362 Dong Hao Mai Dynasty Restaurant 136 E. 1St Street Port Angeles, WA 98362 Entrix Inc. 104 N. Laurel Street, Ste 104 -107 Port Angeles, WA 98362 Daljut Amarjit Seera Exxon Station Food Mart 331 W. 1S Street Port Angeles, WA 98362 John Webster Family Counseling Center P. O. Box 1655 Port Angeles, WA 98362 Pam Tietz Clallam CO Housing Authority 2603 S. Francis Street Port Angeles, WA 98362 Robyn Miletich Country Aire 117 E. 1' Street Port Angeles, WA 98362 Cynthia Austin Dannielle's Floral Design 125 W. 1' Street Port Angeles, WA 98362 Dennis Welch Department of Licensing c/o Armory Square, Box 1142 Port Angeles, WA 98362 Don Perry Insurance P. O. Box 3116 Port Angeles, WA 98362 DSHS Dept. of Voc. Rehab. 228 W. 1s Street, Suite W c/o Armory Square, Box 1142 Port Angeles, WA 98362 Jean Laidig Electric Beach 725 E. 7 Street Port Angeles, WA 98362 Erran Sharpe MA 233 W. P Street, Suite 206 Port Angeles, WA 98362 Paul Eyestone Eyestone Design 215 S. Lincoln Street, #2B Port Angeles, WA 98362 Kevin Thompson Family Shoe Store 130 W. Front Street Port Angeles, WA 98362 Pam Williams, Mgr. Copies Plus 120 N. Oak Port Angeles, WA 98362 Crazy Fish Partnership 229 W. 1s Street, Suite 201 Port Angeles, WA 98362 M. L. Charles DCFS Children's Administration 201 W. 1S Street Port Angeles, WA 98362 Kevin Isett Dept. of Corrections c/o Armory Square, Box 1142 Port Angeles, WA 98362 Pat Davis Downriggers Restaurant 115 E. Railroad Ave., Suite 207 Port Angeles, WA 98362 DSHS Home Comm Services P. O. Box 2289 Port Angeles, WA 98362 Employment Security 228 W. 1s Street, Suites A D c/o Armory Square, Box 1142 Port Angeles, WA 98362 Ernst -Ulrich Shafer Ernst Fine Photography 106 N. Lincoln Street Port Angeles, WA 98362 Ted Connely EZ Pawn Inc. 113 W. 1" Street, Suite B Port Angeles, WA 98362 Mike Vanausdale Far Horizons 109 W. 1' Street Port Angeles, WA 98362 John Miller Farmers Insurance 228 W. 1 Street, Suite P Port Angeles, WA 98362 Diane Nagler First Street Haven 107 E. 1st Street Port Angeles, WA 98362 Galen Yanagihara DSHS CSO P. O. Box 2259 Port Angeles, WA 98362 Philip Che Golden Gate Restaurant 108 W. Front Street Port Angeles, WA 98362 Grow Local.Com 104 N. Laurel Street, Suite 108 Port Angeles, WA 98362 Don Perry Heritage Tours Don Perry Ins. P. O. Box 3116 Port Angeles, WA 98362 Hurricane Ridge Public Development Authority 115 E. Railroad Port Angeles, WA 98362 Kelly Sandhu India Oven Restaurant 222 N. Lincoln Street, Suite 12 Port Angeles, WA 98362 Juan de Fuca Festival of the Arts P. 0.Box 796 Port Angeles, WA 98362 Kempo Karate 315 N. Bayview Port Angeles, WA 98362 Jeanne Jones Fiber Arts 128 E. Front Street Port Angeles, WA 98362 Bruce Fountain Fitness West 724 Tyler Street Port Townsend, WA 98368 Stan Blonde Gateway Tavern 120 N. Lincoln Street Port Angeles, WA 98362 Gottschalk's Inc. P. O. Box 26480 Fresno, CA 93729 Hands on Health 104 N. Laurel, #120 Port Angeles, WA 98362 Hillary's Old Town Barber Shop 125 W. Front Street Port Angeles, WA 98362 Chuck Brown Independent Bible Church 112 N. Lincoln Street Port Angeles, WA 98362 Rick Unrue Irish Jacks 925 Water Street Port Townsend, WA 98368 Todd Ortloff KONP P. O. Box 1450 Port Angeles, WA 98362 Kitsap Cnty Dept Personnel 614 Division Street, Stop 23 Port Orchard, WA 98366 Laurie Szczepzynski First Federal Savings Loan 141 W. 1S Street Port Angeles, WA 98362 Bob Funston Funston's Professional Services 222 N. Lincoln Street, Suite 14 Port Angeles, WA 98362 Bonnie McGill Golden Crafts 118 N. Laurel Street Port Angeles, WA 98362 Grant Munro Grant Munro LLC 104 N. Laurel Street, Suite 109 Port Angeles, WA 98362 Rick Mathis Harbor Restaurant Rick's Place 102 West Front Street Port Angeles, WA 98362 Dave Rebecca Pilling Holland Haven 103 W. 1' Street Port Angeles, WA 98362 Susan Riddle Independent Insurance P. O. Box 1370 Port Angeles, WA 98362 Itty Bitty Buzz 110 East First Street Port Angeles, WA 98362 Kalakala Foundation 222 N. Lincoln Street, Suite 104 Port Angeles, WA 98362 Ray Klatt MA 233 W. 1St Street, Suite 204 Port Angeles, WA 98362 Chandra Huston Kokopelli Grill P.O. Box 3106 Port Angeles, WA 98362 Sandy Hartmann Landings Restaurant P. O. Box 1141 Port Angeles, WA 98362 Lauridsen Foundation c/o 109 E. 1" Street Port Angeles, WA 98362 Tom McGinitie Mathews Glass 117 N. Lincoln Street Port Angeles, WA 98362 Julie Gardiner McLean's Shoes 109 E. 1St Street Port Angeles, WA 98362 Jerry Goss Mouse Trap Antiques 128 W. 1" Street Port Angeles, WA 98362 Mary Byers Natureway Health Foods 116 E. Front Street Port Angeles, WA 98362 North Olympic Land Trust 104 N. Laurel, Suite 114 Port Angeles, WA 98362 Oak Street Center c/o 530 Bogachiel Way Forks, WA 98331 Olympic Coast Marine Sanctuary 115 E. Railroad Port Angeles, WA 98362 Kolleen Lee Apger Kolleens Korner 1561 Camp Hayden Road Port Angeles, WA 98363 Karen Nielsen Laurel Beauty Salon 117 N. Oak Street Port Angeles, WA 98362 Lincoln Theater P. O. Box 2506 Wenatchee, WA 98807 Maurice's #655 105 West Superior Duluth, MN 55802 Michael Lynch Michael's Divine Dining 117 B E. 1 S` Street Port Angeles, WA 98362 Mr. N Production Co. John Nelson 233 West 1S Street, Suite 205 Port Angeles, WA 98362 Edna Petersen Necessities Temptations 217 N. Laurel Street Port Angeles, WA 98362 North Olympic Peninsula Services P. O. Box 351 Port Angeles, WA 98362 Craig Whalley Odyssey Book Shop 114 W. Front Street Port Angeles, WA 98362 Olympic Coffee House 133 E. 1' Street Port Angeles, WA 98362 Kristen J. Tucker 2009 W. 5 Street Port Angeles, WA 98363 George Hodgdon Laurel Street Barber Shop 108 N. Laurel Street Port Angeles, WA 98362 Kathrine Colville Lowden Garage Antiques 436 E. Park Ave. Port Angeles, WA 98362 McCrorie Home Furnishings c/o 175 Amber Lane Sequim, WA 98382 Deborah Bowers Mombasa Coffee Co. 113 W. 1st Street, Suite A Port Angeles, WA 98362 North Olympic Visitor /Convention Bureau P. O. Box 670 Port Angeles, WA 98362 Nivala, Lawrence 114 E. 1" Street Port Angeles, WA 98362 Terry Roth Northwest Duty Free 115 E. Railroad Ave., Suite 105 Port Angeles, WA 98362 Olympic Bus Lines 111 East Front Street Port Angeles, WA 98362 Olympic Community Action P. O. Box 1540 Port Townsend, WA 98368 Jack Ganster Olympic Mountaineering 140 West Front Street Port Angeles, WA 98362 Bruce Skinner OMH Foundation 115 E. Railroad Ave., Suite 308 Port Angeles, WA 98362 Port Angeles Association of Realtors 127 E. 1st Street, Suite 2W Port Angeles, WA 98362 Greg Scherer Pacific Rim Hobby 138 W. Railroad Ave. Port Angeles, WA 98362 Parker Paint P. O. Box 122590 San Diego, CA 92112 David Joyce Thomas Peninsula Bible Bookstore 119 W. 1s Street Port Angeles, WA 98362 Marc Wendedorn Port Angeles Symphony 216 N. Laurel Street Port Angeles, WA 98362 Rachel Cook Puzzle Book Store 117 1/2 W. 1st Street Port Angeles, WA 98362 Lindy Bob Lumens Ravensworld 118 W. 1s Street Port Angeles, WA 98362 Jeanette Hendrickson Retroville Cottage c/o 232 W. 4th Street Port Angeles, WA 98362 Marilyn Kaler Olympic Stained Glass 112 N. Laurel Street Port Angeles, WA 98362 Russ Veenema P. A. Chamber of Commerce 121 E. Railroad Ave. Port Angeles, WA 98362 Port Angeles Multiple Listing Service 127 E. 1s Street, Suite 3W Port Angeles, WA 98362 Arla Holzschuh Port Angeles Downtown Assn. 105 1/2 E. 1s Street, Suite 34 Port Angeles, WA 98362 Paula Cunningham Design 102 1/2 E. 1' Street Port Angeles, WA 98362 John Brewer Peninsula Daily News P. O. Box 1330 Port Angeles, WA 98362 Alan Turner Port Book News 104 E. 1' Street Port Angeles, WA 98362 Kristy Cornell Quilted Strait 139 W. 1st Street Port Angeles, WA 98362 Linda Koncicky Real Estate Market Place 222 N. Lincoln St., Suite 103 Port Angeles, WA 98362 Barbara L. Weekes Romantic Notions 121 1/2 W. 1s Street Port Angeles, WA 98362 Karen Shore Olympic Stationers 122 E. Front Street Port Angeles, WA 98362 Mary Marcial P. A. Dance Center 331 Billy Smith Road Port Angeles, WA 98362 Pacific Office Equipment ATTN: Tom 120 N. Oak Street Port Angeles, WA 98362 Paramount Exports 104 N. Laurel Street, Suite 108 Port Angeles, WA 98362 Edward R. Smith Peaks Pub 130 S. Lincoln Street Port Angeles, WA 98362 Port Angeles Farmers Market P. O. Box 336 Port Angeles, WA 98362 Bill James Port of Port Angeles 338 W. 1' Street Port Angeles, WA 98362 Rachel Colthorp c/o 301 Dempsey Road Port Angeles, WA 98363 Red Lion Hotel Port Angeles 221 N. Lincoln Street Port Angeles, WA 98362 Jimmy Gorst Royal Victoria Tours 121 E. Railroad Ave. Port Angeles, WA 98362 Sal D'Amico Sal's Place 215 S. Lincoln Street Port Angeles, WA 98362 Alfred B. Charles, Sr. Seaside Sweets c/o 60 Haupt Lane Port Angeles, WA 98363 Sound Bikes Kayaks 120 E. Front Street Port Angeles, WA 98362 Ernst -Ulrich Shafer 106 N. Laurel Port Angeles, WA 98362 Super Nails 112 E. l St Street Port Angeles, WA 98362 Don Hansen The Antique Store 106 E. 1' Street Port Angeles, WA 98362 The Dawg Cart Kay Clark 103 Little Loop Road Port Angeles, WA 98362 Mary Roy Gotham The Toggery 105 E. 1St Street Port Angeles, WA 98362 Scott Shauna Gentry Treasures Beyond 124 W. ls Street, Suite B Port Angeles, WA 98362 Unique Treasures Mall 105 West 1S Street Port Angeles, WA 98362 Mike Kiesl Scuba Supplies 120 E. Front Street Port Angeles, WA 98362 Seventh Wave Yacht Charters 222 N. Lincoln Port Angeles, WA 98362 Special Eyes 116 E. 1S Street Port Angeles, WA 98362 Studio 106 106 N. Laurel Port Angeles, WA 98362 Tesoro 210 E. 1S Street Port Angeles, WA 98362 Carol Blake Bill Thomas The Cat's Meow 110 N. Laurel Street Port Angeles, WA 98362 Florence Chamberlain The Downtown Hotel 101 '/2 E. Front Street Port Angeles, WA 98362 Les Lauderback The Two of Us 127 E. 1St Street, Suite 2E Port Angeles, WA 98362 Reva Meyer Tropix 322 West 1S Street Port Angeles, WA 98362 Patty Hannah United Way P. O. Box 937 Port Angeles, WA 98362 Seaport Gifts 117 N. Oak Street Port Angeles, WA 98362 Joe Wilson Smokin' Joe's 204 E. Front Street Port Angeles, WA 98362 Stepp Advertising P. A. Victoria Tourist 115 E. Railroad, #2 Port Angeles, WA 98362 Suck Ink Productions West 112 C S. Lincoln Street Port Angeles, WA 98362 Suree Corp Thai Peppers 222 N. Lincoln Street, Suite 1 Port Angeles, WA 98362 Robert Mingram The Corps Shop 129 W. 1" Street Port Angeles, WA 98362 Roberta Campbell The Spotted Chicken 120 N. Laurel Street Port Angeles, WA 98362 Tom Bihn 108 W. 1St Street Port Angeles, WA 98362 Lauren Jeffries- Johnson Udjat Beads 129 E. 1S Street Port Angeles, WA 98362 Vickie Rockholt, MA 233 W. 1" Street, Suite 203 Port Angeles, WA 98362 Victoria Center 115 E. Railroad Ave., Suite 100 Port Angeles, WA 98362 Washington Festival Events Scott Nagel 105 1/2 East 1 S` Street Port Angeles, WA 98362 Weisfield's /Sterling Inc. 375 Ghent Road Akron, OH 44333 Mary Ellen Winborn Winborn Architects 105 `/z E. 1s Street, Suite 2 Port Angeles, WA 98362 Worksource 614 Division Street, Stop 23 Port Orchard, WA 98366 Jack Harmon Victoria Rapid Transit P. O. Box 1928 Port Angeles, WA 98362 Washington Mutual 101 W. Front Street Port Angeles, WA 98362 Maryann Atkinson Wenner Davis 102 E. 1S` Street Port Angeles, WA 98362 Sally Winternitz 104 N. Laurel, Suite #101 Port Angeles, WA 98362 Mark Mouzakas Zak's 125 W. Front Street Port Angeles, WA 98362 Washington Attorney General 115 E. Railroad Ave., Suite 306 Port Angeles, WA 98362 David Steinbaugh Waters West 219 N. Oak Street, Unit 1 Port Angeles, WA 98362 Evelyn Morgan What's In Store 115 E. Railroad Ave., Suite 112 Port Angeles, WA 98362 Jim Armeni Wood -N -Shoe 207 W. 1S` Street Port Angeles, WA 98362 ORTANGELES W A S H I N G T O N U S. A Legal Department August 14, 2006 Arla Holzschuh, Executive Director Port Angeles Downtown Association P.O. Box 582 Port Angeles, WA 98362 Re: Audits Renorts Dear Arla: 5.'7 As you probably are aware, the City is subject to audit every year by the State Auditors Office. The audits they perform are thorough and the audit results have real significance to the City. We are fortunate that in the past several years the City has received very good audh reports. We hope to keep it that way. Currently, due to circumstances unrelated to PADA, we are focusing on the audit and reporting requirements contained in numerous contracts with outside agencies. We want to assure that all of the auditing and reporting requirements are being fulfilled where public money is involved. Once such agreement is the 1986 agreement between the City and PADA It involves public money and contains several reporting and accounting provisions. These relate both to parking revenues and to the PBIA. More specifically, they include: 1 Paragraph III.A. The Association shall provide, by May 1s of each year, an operating budget showing the planned use of funds collected from operation of the off- street parking lots and PBIA, showing that the use of those funds is in keeping with the purposes established by this Agreement and /or State statute. At the end of each fiscal year, the Association shall provide a financial report showing the actual expenditures of the funds.... Phone 360 -417 -4530 Fagg' 360 -417 -4529 Website www cityofpa us Email attorney @cityofpa us August 14, 2006 To PADA Re: Audits Reports c 2. Paragraph III.C. Insurance. The Association shall provide the City, on an annual basis, proof of existence of comprehensive public liability insurance, or of a self insurance fund, in an amount to assure the performance of the covenants contained in this Agreement, Such ins shall be in the amounts of not less than $500,000 for each injury, $500,000 for all injuries from a single incident, and $50,000 property damage. The City shall be named as an additional insured on each such policy obtained by the Association. According to our records, PADA has not been consistent in complying with these requirements. This is to advise you that the City does now and will in the future expect full compliance with these requirements. As a beginning, we request that you complete and deliver to the City the reports and accountings that are due under terms of the 1986 Agreement as of June 30, 2006. Please deliver those to us not later than August 31, 2006, and in the future we will expect PADA to meet all of the reporting and accounting requirements on a timely manner as prescribed in the Agreement. By doing this you will greatly assist the City in meeting its accounting and reporting requirements under State law. Thank you for your cooperation. Very truly yours, -7 Li Y William E. Bloor, City Attorney wbloor a,citvofpa.us Yvonne Ziomkowski, Finance Director WEB: di G \LEGAW.ETTERS 2006\PADA- Holzschuh Audit Reports 080306 wpd Cc Page 2 WASH I N G T O N, U S. A. City Clerk's Office July 22, 2005 Arla Holzschuh Executive Director Port .Angeles Downtown Association P. O. Box 582 Port Angeles, WA 98362 Re: Agreement between the City of Port Angeles and the Port Angeles Downtown Association Dear Arla, At its meeting of July 19, 2005, the Port Angeles City Council approved the Amendment to Agreement with the Port Angeles Downtown Association Enclosed are two (2) copies of the agreement. Please obtain signatures on both copies and return one fully executed copy to me at your earliest convenience. You can retain the other copy for your records. If I can be of any further assistance, please feel free to contact me. I can be reached at 417 -4634 or by e -mail at citvclerk r@citvofna.us Sincerely yours, Becky J. Upton, CMC City Clerk/Management Assistant Enclosures Phone 360- 417 -4634 Fax: 360 -417 -4609 Website: www cityofpa.us Email: cityclerk @cityofpa.us 321 East Fifth Street P O. Box 1150 Port Angeles, WA 93962 -0217 5.7 PORTANGE LES W A S H I N G T O N U.S.A. Legal Department August 14, 2006 Arla Holzschuh, Executive Director Port Angeles Downtown Association P.O. Box 582 Port Angeles, WA 98362 Re: Downtown Parking Agreement Dear Arla: The Gateway Project is moving forward, and we anticipate Clallam Transit soon will acquire, through eminent domain, certain City -owned property that PADA manages for downtown parking. This property currently is subject to the 1986 Agreement between the City and the Port Angeles Downtown Association. Purchase of the property by CTS will effectively remove it from the Agreement. Although a formal amendment may not be absolutely necessary, it may be appropriate to amend the Agreement pursuant to paragraph III.F. I will forward an Amendment to you for review and approval. In the meantime, please feel free to contact me should you have any questions. Thank you for your cooperation. Very truly yours, City Attorney WEB:di G \LEGAL\LETTERS 2006\PADA- Holzschuh Gateway 080306 wpd Or,(/T Phone: 360- 417 -4530 Fax. 360- 417 -4529 Website: www cityofpa us Email. attorney @cityofpa us August 24, 2006 Karen, PORTANGELES WASHINGTON, U S A. 5. From the desk of Becky Upton, City Clerk Yvonne mentioned to me that you were interested in receiving a copy of our present cooperative agreement with the Port Angeles Downtown Association it is attached. Also, she indicated you would like to have some history of the PADA, when it was started, etc. I have attached a bit of the history for your review. Also, by copy of this note, I am providing copies of the historical information to Mark Madsen, Bill Bloor, and Yvonne Ziomkowski. Happy reading! Becky Provided were copies from Dave Flodstrom's old PADA files: Memo of March 11, 1982, to City Attorney Craig Miller, re. proposed merger of Downtown Merchants' Association, Downtown Parking Association, and Downtown Improvement Group Minutes of organizational meeting of Port Angeles Downtown Association, February 25, 1983 Article of March 2, 1983, from the Chronicle Letter of March 9, 1983, from PADA President, David Brewer, to membership Letter of March 24, 1983, from PADA Membership Committee Chairman, David Flodstrom THIS AGREEMENT entered into;by and between the CITY OF PORT ANGELES, a Municipal Corporati,Cii, hereinafter referred to as the "CITY" and THE DOWNTOWN PARKING:M SOCIATION, INC., a Washington Corporation, hereinafter referred to•'as the "ASSOCIATION W1 TNESS; ETH: WHEREAS, the parties desire -to enter into an agreement to provide downtown parking in the City of Port Angeles at the lowest possible cost to customers and users`; and to provide a means of ac- ti cumulating funds for maintenance and =future development of parking in the Port Angeles downtown central business district, and to provide a ui;iform system of off -street parking -in the area referred tf) herein. NOW, THEREFORE, in consideration of the mutual promises here- in contained and other valuable consideration, it is AGREED as follows: 1. The CITY states and represents that it is the owner of the following described properties situated in Port Angeles, Clallam A. Lots 2, 3, 4, 5, 6 and 7, Flock 14, Town site of Port Angeles on which off street metered parking is provided. B. North 150 feet of the•South 160 feet of Lots 5 and 6, Block 144 West of Laurel Street, Townsite',of Port Angela on which all day parking is provided. f i3 C. Lots 5, 6 and 7, Block45, Townsite of Port Angeles on whicliw;the Port Angeles Hotel, Eckert Building Williams Build- ing are s'it'uated. D. West 1/2 of Lot 3, East 1/2 of Lot 4, West 1/2 of Lot 5 and East 1/2 of Lot 6, Block 1, Tidelands East of Laurel Street, Townsite of Port Angeles, which is leased to the Down- town Parking Association, Inc. under lease dated October 11, 1961,and expiring August 31, 1986. r ..4.• •nl,• �e RA .-2- E. West 40 feet of Lot 2, Elock:1, Tidelands East of Laurel Street, Town4te of Port Angeles, which is vacant. 2. The ASSOCIATION states and;,tepresents as follows A. That it is the lessee of the.Northerly 185 feet of the West 1/2 ot,Lot 4, Block 1, Tidelands East of Laure3. Street, Port Angeles Tidelands, Clallam County, Wash- ington, and the East 1/2 ofzLot 5, Block 1, Tidelands East of Laurel' Street, Port Angeles Tidelands, ClallamttCounty, Wash- ington, EXCEPT the Southerly,115 feet thereof. B. That it holds an option fromiAnderson Ford Company for the purchase of Lots 10 11 and 12 in Block 17, Norman'1t. Smiths Sub- division of the Townsite of;,Port Angeles, for $68,000.00. Said option expires March 8, 1969. ,t C. That it is arranging to sub -lease Lot 13 of Block 16, Norman R. Smith's :Subdivision of the Townsite of Port Angeles, on which the Olympian Theatre is presently situated. Said lease expires January 1, 1996. D. That it holds an agreement' John Somers and Alma J. Somers, his wife, whereby they agree to grant an easement, to the ASSOCIATION to use the East 10 feet of the East half of Lot 14, Block 15, Townsite of Port Angeles, for the construction of a public corridor and whereby the ASSOCIATION agrees to construct an addition to the North of their present building. E. That it holds a bid from DelGuzzi, Inc. which expired March 2, 1969, but..which will be re- newed covering the followi work: (a) To make certain improvements to the existing ASSOCIATIONt,parking lots on property mentioned in pparagraphs 1 -D and 2 -A, at a cost of. $4500.00, plus any applicable Washington State sales tax. (b) To do all that is necessary to con- struct a parking lot the property de:icribed in paragraph'1 -C, at a cost of $44,850.00, plus any applicable Washington State sales tax. (c) T. -!o all that is necessary to con- struct a public corridor through the property described in paragraph 2 -D and to make certain renovations and additions to the building thereon at a cost of$19,900.00 plus any appli- cable Washington State.sales tax. tR (d) To do all that'is necessar:::: con- struct a parking lot on the4roperty described in paragraph 2-Cat a cost of $32,929.00, plus any applicable Washington State Sales taXqi (e) To do all that is necessarii'te con- struct a parking lot on theAiroperty described in paragraph 2-Bat a cost of $28,575.00;.'plus any applicable Washington State sales tax.YS 3. It is agreed by the parties thefinancing of the work to performed shall be done in the 'following manner: A. The CITY shall invest the sum Oft150,000.00 as follows: W 1. Property under paragraph 1.41 2. Property under paragraph 141 8,224.42 3. Property under paragraph v $46,444.80 4. By cash J:*$65,993.82 B. The ASSOCIATION shall invest the":sum of $150,000.00 in the following manner: 1. Improvements on leased property under paragraphs 1-D and 2-1y 23,467.26 2. Prepaid engineering and devilopment costs 7,961.79 ,:t 3. By cash $118,570.95 C. Any money required in excess of shall be loaned to the parking funds by-the CITY in an amount not to exceed $50,000.00v Any loan so made shall be repaidcfrom net revenues of the off-street parking program amortized over 25 year at the one-year Treasury Bill rate prevailing on,.the date saic: loan is made, and adjustedlio the Bill Rate on tt same date annually,thereafter. 4. The parties estimate the cost ot project to be as Bid under paragraph 2-E (a) to 2-E (e) $130,754.00 Washington State Sales Tax at 4.5% 5,883.94 CITY properties under paragraph 3-2 84,006.18 ASSOCIATION improvements under paragraph 3-B $23,467.26 Purchase price of property under paragraph 2-B 68,000.00 Improvements to properties under paragraph 1-B ,1 4,000.00 Improvements to properties under paragraph 1-E It 4: 2,500.00 '.i.',', 1. r r trifit ratto 4. X7.; ^.1 Landscaping and Signing Tokens (41: Estimated cost of Parking Meter*„.„ Contingency ASSOCIATION prepaid costs under, paragraph 1-E TOTAL 3,000.00 1,045.00 17,518.38 1,863.45 7,961.79 $350,000.00 5. It is mutually agreed thattee title to all properties will be held in the name of the City of Port Angeles, a Municipal Cor- 4 F4?__ poration, either befcre the start of con ci■uction or shall be trans- famed to the City of Fort Angeles durine after construction. All leases, agreements, easements; deeds, rights and other documents in respect to properties hereunder shall be,Usigned to, and inure to the benefit of the City of Port Angeles, and'ihe ASSOCIATION agrees to exe- cute all documents necessary to effect such ownership. ASSOCIATION further agrees to attempt to obtain a statutory Warranty Deed running to the City of Port Angeles for the East ten feet of the East half of Lot Fourteen, Block Fifteen, Townsite of Port Angeles, from John Somers and Alma Somers, his wife, in lieu of the easement mentioned in paragraph 2-D, PROVIDED, HOWEVER, the CITY will execute a lease to John Somers and Alma J. Somers,, covering the basement area under the property so deeded at a rental not to exceed $1.00 per year and terminate not less than 25 years. 6. It is agreed by_the parties-that the ASSOCIATION award a contract for construction to DelGuzzi, Inc. for the work mentioned in paragraphs 2-E (a) through 2-E (e), inc1Ive ruch construction to be carried out as per bid propoial of N. G. jacobson 5 Associates dated 0 r 7 0.gx"- /9? The CITY hereby giveapermission to the ASSOCIATION, its contractors and sub-contractors the right to enter any and all prop- erty, subject to this agreement to carry Out the work contemplated here- under. The CITY further agrees to do anylaveling, paving and meter work to properties under paragraphs 1-A6BAand C in order that they may become a part of this agreement. It is understood, however, the understood, property upon which the Olympian Theatre ids "presently located may be excluded from this agreement in the event‘ the ASSOCIATION is un- able to conclude its arrangements for a eub; lease. 7. All parking Iota subject to%this agreement are to be controlled by way of parking meters and /or;,other control devices con- sidered necessary. It is contemplated at'ttis time that the method of control will be by way of installation of three -hour, or more, meters with 104 per hour charges, witli' the firathour being made available to customers of ASSOCIATION's members through the use of tokens, but that some all -day meters will be installed at the rate of 254 for ten hours. The CITY grees to furnish and pay for persornel to supervise and con- trol lots and to supervise and pay for maintenance of all properties and repair of meters. CITY further agreesto collect and to account for meter receipts and fines for overparking. Expenses of operation of the lots mentioned herein shalt be deducted'from said receipts and a full accounting given to the ASSOCIATION each month. Costs attributed to persornel shall be only for actual time expended with no charge for overhead. The ASSOCIATION is hereby granted the exclusive right to provide and control the use of tokens and�the ASSOCIATION will redeem from the CITY all tokens which are collected from the parking meters on the lots at the rate of 14 per token, such payment to be considered as part of the revenue of the parking project. If it is found that controls, without validating equipment, are•inadequate, the cost of additional validating equipment is to be paid for by each party, in ,i PR equal shares. The initial cost of meters supply of tokens and other supplies shall be borne equally•by the parties hereto. 4 8. Subject to the final approval of the CITY, the parking projects herein agreed upon shall be administered by an advisory board consisting of three (3) members, one member to be appointed by the CITY and two (2) members to be appointed by the ASSOCIATION, it being under- stood this provision shall not,be in derogation of any rights of the' parties hereto, c the enforcement of the.terms and provisions herein ir1 contained.The advisory committee shall, to any other duties delegated to it by the parties, recommend locations for parking, methods of parking, c1:a:gas for parking, redemptions of tokens and placement of meters. If, in the opinion of the advisory board sufficient reserves are not being accumulated, or if the project is losing money, it may recommend that the cost to the ASSOCIATION for redemption of tok. ^ns be increased in such amounts as deemed necebsary to place the project on a sound financial basis. Failure of the ASSOCIATION to pay an additional redemption charge shall be sufficient to'allow the CITY to terminate this agreement in the event such additional charge is not paid after thirty (30) days notice, in writing, to the ASSOCIATION. In the event the re- serve fund acc,vnulates more than is necessary, the advisory board may recommend a reduction in the cost of the'redemption fee for tokens, al- low the ASSOCIATION to increase the time made available to its customers, or to reduce the hourly parking fee. Any income in excess of expense shall be held by the CITY in a reserve fund for additional off -street parking in the central business district 9. It is agreed by the parties`;the following procedures shall be followed at the commencement of operations if it is practical to do so: A. The ASSOCIATION desires that the per token charge be held for the first five (5) years if at all possible. B. The CITY agrees to maintain all parking lots for off street parking'properties, unless mutually agreed by•both parties to their use for other purposes. C. The CITY hereby agrees to the use of the alley for an exit from under para- graph 2 -C, unless problems created which would require the discontinuance of the use of the alley. D. The CITY agrees that if the.advisory board advises the use of "Tickets Spitters" as additional validation control, that such "Ticket Spitters" can be placed at the property lines, unless it; be deter- mined to be tod hazardous for pedestrians 1 at this time they will be placeeio as to cause the loss of the least number', of park ing spaces. 10. This agreementohall continue for a ter,n of 25 years, PROVIDED, HOWEVER, that if, upehe expiration of the term of this agreement, the intent ancupurposes of this agreement, as set forth in the recital, arCstill desired by the '-5.:.'=1--tft. ASSOCIATION and if parking in thece,Otral business distz'ict is still required for downtown pariang, this agree- ment shall be extended an Q" additional ters! 25 years. IN WITNESS WHEREOF,'the partie:Lve executed this ..4,■,,, 1969:: CITY OF PORT ANpELES (A-Jelf- STATE OF WASHINGTON SS COUNTY 0? CLALLAM STATE OF WASHINGTON SS COUNTY OF CLALLAM On this 7th day of March, 1969, personally appeared JOSEPH W. WOLFE, Mayor, and BEAUTAH MCNEECE, City Clerk, to me known to be the Mayor and City Clerk of the CITY OP PORT ANGELES, and the parties who executed the within and foregoing instrument, and they acknowledged said instrument to be,;the free and volun- tary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed'is the seal of the CITY OF PORT ANGELES. �a ,r. IN WITNESS WHEREOF, I have hereunto set.my hand and official s6a1 the day and year first in this certificate above written. Notary Pub lic7in and or th State of Washington, residing at Port Angeles. On this 7th day of March, 1969, before'me personally appeared JAMES E. ROBINSON and ARTHUR H. MERTZ, to me known to be the President and Secretary, respectively, of DOWNTOWN PARKING ASSOCIATION, INC., the corporation that executed the within and foregoing instrument, and acknowledged thesaid instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,- and.on oath stated that they were authorized to execute said instrument, and that the seal affixed is the corporate seal of said'COrporation. IN WITNESS WHEREOF, I have hereunto set`'my hand and affixed, my official seal the day and year first above written. i Notary Publi+t in and for. the State of Washington, residing at Port Angeles. Attest: .zit Po f. City Clerk AMENDMENT TO CONTRACT THIS INDENTURE made this 4Z day of January, 1972, by and between the CITY OF PORT ANGELES as the First Party, and the DOWNTOWN PARKING ASSOCIATION as the Second Party: W I T N E S S E T H: WHEREAS, the First Party and the Second Party entered into a Contract under date of 4r1G4i, Z 19 EL, which Contract provided in Paragraph 3(0 for the amortization of the loan over a twenty -five (25) year period; and WHEREAS, the office of the Attorney General of the State of Washington has ruled that:a loan of this type for r twenty -five years is of questionable legality, and the parties hereto are desirous of being in conformance with the law; NOW, THEREFORE, it is mutually agreed between the parties as follows: Paragraph 3(c) of the above mentioned contract is hereby amended to read as follows: "3(c) Any money required in excess of $300,000.00 shall be loaned to the Parking Fund by the City in an amount not to exceed $50,000.00. Any loan so made shall be repaid from net revenue of the Off Street Parking program over a three (3) year period commencing with 1972 at the 1 year Treasury bill rate prevailing on the date said loan is made, and adjusted to the bill rate on the same date annually thereafter." DATED this /8 day of -..71:Pilslocy 1972 CITY OP PORE ANGELES By „er42,r r Mayor DOWNTOWNl G ASSOCIATION By v 71 4'". !S v Page One AMENDMENT TO AGREEMEg BETWEEN THE CITY.OF PORT Midi; AND THE DOWNTOWN PARKING ASSOCIAT/ON, INC. WHEREAS under date of March 7, 1969ei,the City of Port Angeles, C ity Clerk CITY OF PORT ANGELES D Bx:: By Mayor s E a municipal corporltion, hereinafter referred to as the "City," and the Downtown Parking Association, Inc., a Washington corporation, hereinafter referred to as the "Association;." entered into an agree- ment for the purpose of providing downtowniarking in the city of Port Angeles, which agreement provided thaeany income in excess of expense in the operation of the parking program provided for in said agreement should be held by the City in a roperve fund for additional off-street parking in the central businessdistrict; and WHEREAS surplus finds have become a4ilable and the parties desire to expand the purposes for which said 'funds can be used NOW, THEREFORE, in consideration orthe mutual covenants herein contained, the parties agree as follows: Any income in excess of expense shali held by tne City in a reserve fund to be used for:ithe following purposes as determined by the advisory board. Addi- tional off-street parking in the central business district and/or improvements to other.„'downtovm public areas. includilig, but not limited tristreets, side- walks, alleys, parking lots, and utilities. xmprove- e .hfar:q1useler, would inslude undergrounding ''oeUiritIfiii.covering creation of additional public adeese, and sucb:other similar public improvements as the advisoryAliard shall from time to time authorize. -iall- IN WITNESS WHEREOF. the parties hlWaexecuted this agreement this fa day of Jt4y 1.976i, Secreiary Nelp NOV STATE Or WASHINGTON ss County of Clallam On this day of July, 1976, personally appearea CARLETON B. OLSON and MARIAN C. PARRISH, to me known,to be the Mayor and City Clerk, respectively, of the CITY OF PORT ANGELES, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument,to be the.,fxee and voluntary act and deed of said corporation, for the uses'anfl purposes therein mentioned, and on oath stated that they wereauthorized to execute said instrument, and that the seal affixed iw the corporate seal of said corporation. '•'Fi IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abOve'.written. 7 r NOTARY PUBL,I n an or t eSate of Washington, residing at Port Angeles. .+S STATE OF WASHINGTON ss County of Clallam J n is 7 day of 76, •ersOnally appeared li and Pe. s to ma known to De the Pres cont. and Secretary, respect ve y, of DOWNTOWN PARKING ASSOCIATION, INC., the corporation that executed the within and fore- going instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and pur- poses therein mentioned, and on oath stated;that they were authorized to execute said instrument, and that the seal'affixed is the corporate seal of said corporation. r: IN WITNESS WHEREOF, I have hereunto,sAt my hand and affixed my official seal the day and yea first ••ove written. nrana for Ehe state of Washington,.reaiding at Port Angeles. 1 4,4 ^tides• gy, N.,404 .,'fpg.40V..4/., 7 ,ry. September 6, 2006 Attachments ORT4NGELES W A S H I N G T O N U.S.A. City Clerk's Office TO: Mark E. Madsen, City Manager William E. Bloor, City Attorney FROM: Becky J. Upton, City Clerk SUBJECT: Chronology of Agreements with the Port Angeles Downtown Association I understand you were seeking a chronology of agreements with the Port Angeles Downtown Association, starting with the 1986 parking agreement. Attached are the following: 1. Parking Agreement dated February 7, 1986 2. Amendment to Agreement, dated December 3, 1997, related to lease agreement with First Street Plaza L.L.C. (Eric Dupar), for DSHS parking. In June, 1995, the City Council considered an agreement with the Port Angeles Downtown Association to provide financial assistance for the Main Street Program. The first funding agreement, a copy of which is attached, was approved on June 6, 1995, and an excerpt of the City Council minutes is also attached as background to the agreement. Copies of all subsequent funding agreements are attached for your review, as follows: 1. January 7, 1997 2. March 2, 1999 3. May 17, 2001 4. February 5, 2002 5. March 12, 2003 6. February 3, 2004 7. Amendment to Agreement, dated July 19, 2005 Please contact me if you need any further information. 5. 7 `(10/16/ Upton Re: PADA Funds "request Page 1,1 t From: <info @seasuns com> To: "Yvonne Ziomkowski" <YZIOMKOW @cityofpa.us> Date: 10/9/2006 1:20 PM Subject: Re: PADA Funds request Attachments: PADA Letter to City 10.09.06 doc Hi Yvonne: Here's the letter for fund request for the Downtown Associaton for September. Thanks for your help. Jan Harbick PADANice President IF( BeckyUpton PADA Letter to City TO 09 06 doc E PO RT ANGELES i ASSOCIATION October 9, 2006 Ms. Yvonne Ziomkowski Finance Director City of Port Angeles Dear Yvonne: Please consider this letter a request for payment of funds due the Port Angeles Downtown Association through September 30, 2006, for parking permits, Dupar parking contract and PBIA dues collected and currently being held by the City of Port Angeles for the month of September. Sincerely, Jan Harbick Vice President Port Angeles Downtown Association Page 1 January 23, 2007 Becky J. Upton City Clerk 70RTANGELES W A S H I N G T O N U 5 A From the desk of Becky Upton, City Clerk Note to File re. meeting of members of Port Angeles Downtown Association held the evening of January 22, 2007: City Manager Mark Madsen informed me of a meeting of the members of the Port Angeles Downtown Association that was held the evening of Monday, January 22, 2007. Five Councilmembers were in attendance (Mayor Rogers, Deputy Mayor Williams, and Councilmembers Headrick, Munro, and Petersen); however, no more than three Councilmembers sat together. A member of the audience, Paul Lamoureux, demanded that the Councilmembers stand up and comment. Mr. Rick Shattuck, Attorney for the Downtown Association, had made a statement up front that the meeting was for the members of the Downtown Association, and that information was being provided for their Board's decision. He further indicated this was not a debate, that it was good to see City representatives at the meeting, but that this was not a City meeting. When Mr. Lamoureux continued to demand that the Councilmembers make comment, Mr. Shattuck was very gracious in saying the meeting was not meant to be a debate. Because the President, Kevin Thompson, appeared to not know how to handle Mr. Lamoureux' demands, Mark Madsen urged those in attendance to look around there were 5 City Councilmembers present who were interested in what was being discussed and who were listening to the discussion. He advised the group that he could not allow the Councilmembers to make public statements, because the City could be challenged that it had violated the Open Public Meetings Act. He also stressed the fact that the Councilmembers were not sitting together. 5.7 r un, Board of Directors 2001 Roy Gotham President The Toggery 457 -4303 Rudy Hiener Vice President Bay Vanety 457 -5200 Marlene Hulett S'ecrelary Regence Blue Shield 417 -8308 Kristin Tucker Treasurer Knstin Tucker 452 -9749 Wayne Barrett Director MV Coho 457 -4491 John Brewer Director Penmsula Daily News 417 -3500 Dan DiGuiho Director Clallam Transit System 452 -1315 Evan Brown Director Brou n's 457 -4150 Mary Gotham Duector The Toggcry 457 -4303 Eileen Knight Past President 13ergsma Showroom 452 -5080 Cassie LaPierre -Shuck Director North Light Gallery 452 -4262 Laune Szczepczynski Director First Federal Savings 417 -3222 Louarm Yager —Director Chamber of Commerce 452 -2363 Stall— Aria I lolzschuh 457 -9614 1051 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360- 457 -9614 Fax 360- 457 -9614 Email pada @olypen com r i i pORT ANGELES DOW ASSOCIATION September 14, 2001 Timothy Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Dear Timothy The Port Angeles Downtown Association is pleased to submit the Program Manager's Quarterly Report for Washington State Downtown Revitalization Services Partner Cities. This report covers the second quarter of 2001. Statistics for the second quarter include: 14 New businesses 2 Relocations within Central Business District 0 Relocations into Central Business District 2 Business expansions 13 Businesses failure /relocations out of CBD 9 Interior /exterior renovation projects 142,000 Total Private Investment for quarter 40,000 Public Investment for quarter (Port) If there are any questions concerning this report or if additional information is required, please contact me at 360 457 -9614. Yours sincerely, C encls Aria Holzschuh Executive Director Z/Z! to 5,7 Y mss. 7i �XY niiri t ii tv Gteyel va3taliro»t/Jte- a A.ea /tiyl ana eroxr 1Jr71Uxtvici; WASHINGTON STATE DOWNTOWN REVITALIZATION SERVICES LOCAL PROGRAM MANAGER'S QUARTERLY REPORT The local Downtown Revitalization program manager must submit a quarterly report to the state program by the 10 of January, April, July, and October for the previous three months. This is required for the community to maintain status as a Washington State Tier System Associate or Partner -level city. The manager should attach two copies of materials that further profile activities that the local program has accomplished during the reporting period. Manageress's Name: A Po t 2 SC' 14-O.4 -H City. 1 AZ I ga_EI a S Current date: 6-0 1 Months year that this report covers: a y�) rr j tint .D ORGANIZATION Please give a synopsis of the status of your downtown organization, and of any related organizational matters We have been working with the City to update the business list the City has for the assessment for the Parking Business Improvement Area. The List and coding has been totally revamped with every space in the Downtown now coded. Last years assessment billing was $18,000 and this year's billing will be over $22,000 If any board members have changed, please provide an update for our mail/phone list (name, address, phone) *Barb Frederick, elected to the Board for a 1 year term, has resigned effective June 30` Barb has taken a new position to Sequim and will be unable to attend our morning meetings We have spoken with the person who received the next highest vote to replace Barb for the balance of her 1 year term The Board will rote on the selection of the replacement Director at the July Board meeting. A new list will be provided following the selection Current number of board members. 13 Current number pf standing committee members: Orgamzatian 13 Promotion 5 Design: 6 Economic Restructuring: 4 Other Parking) 5 Other Art on the Town) 8 Current number of other volunteers: 4 Number of volunteer hours dedicated to program activity support this quarter 585 New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer applications, grant proposals, reports to city council, brochures, etc *Continued delivery of the `Welcome Packet' to new businesses and existing businesses outlining our program, the Parking Business Improvement Area, the Association bylaws and other information to assist the businesses *Produced a new `Art on the Town' brochure for the 2001/2002 show. Beginning development of a new manager evaluation form. Describe recent outreach activities conducted to build relationships with other organizations (presentations, meetings, correspondence, joint projects) Worked with the Exchange Club on their yearly fundraising for the purchase and maintenance of flags for Downtown. The Downtown businesses contribute yearly and the Club puts the flags along the sidewalks for holidays and special events *Worked with a group wanting to form a new Farmer's Market. We offered numerous locations but they decided to locate at the County Courthouse parking lot. We are continuing to work with them for a possible future location in the `Gateway' project. *Provided a Downtown Walking Tour for Megan Kelly from the Washington State Office of Archeology and Historic Preservation. Megan was invited by a Clallam County Commissioner to share her thoughts on current and future historic preservation efforts. *Participated in planning efforts for the return of the US Coast Guard Cutter Active The Active, home ported in Port Angeles, recently made the largest cocaine seizure in maritime history. The Chamber of Commerce hosted a special tribute and welcome for the Active We participated in planning, distribution of informational posters, and arranged for unlimited parking for the families Continue to attend and participate in Downtown Forward. The committee is reviewing the option of diagonal parking in the Downtown. We have requested that the City look at diagonal parking on the south side only of First and Front Streets and Railroad Avenue This would help mitigate the loss of over 120 public parking spaces when the `Gateway' project is built Preliminary numbers show that on street parking would be doubled in those areas Working with the City and Transit System for the Port Angeles International Gateway Project Two Board members and the manager participate. Following our trip to Institute, we put together a drawing of the Walla Walla Transit site Turning one half of the site at a right angle, the configuration of that center fit into the area of the proposed `Gateway' project and reduced the area for buses and increased the pedestrian amenity area We presented this to the `Gateway' Design committee for their consideration. We also asked for consideration of diagonal parking as outlined above Currently, land appraisals are beginning We are working with the Chamber of Commerce on the 4` of July festivities particularly the addition of the parade Poste are being distributed and the Association manager will assist the Chamber Director in the reviewing stand To expedite construction and improvements to Downtown properties we have set up a system with the City's Building Department and the Police Department to provide cones/bamcades and signage for construction vehicles to use parking spaces for unloading and positioning lift vehicles for painting This prevents ticketing of vehicles involved in improvement projects and is receiving a positive response from business owners and contractors Met with the City's Economic Development Director, the Clallam County EDC Director and the Executive Director of the Elwah Tribe about relationships and future cooperation for Economic Development PROMOTION Give a synopsis of promotional activities dust completed. Include name of event or activity, total cost, source(s) of funds, a short description of the event or activity, and an evaluation of its success A Easter promotions included having the Clallam County 4 -H Explorers have their mini petting zoo of rabbits and chicks. Once again, over a hundred children came with their parents to pet the animals The Easter Bunny gave out candy and posed for photos. We added an `Easter Bonnet' event and were pleasantly surprised that more businesses than we expected had owners and employees in bonnets and specially designed `Easter' baseball caps Cost -$100 B Sidewalk Sales have diminished in their impact during the past few years. Traditionally, the business community has had 3 Sidewalk Sales each year and we have been working to increase their impact and increase the sales revenue. Three years ago we changed the name of the second sale to `Merchants in Action' as it is held on the DESIGN `Arts in Action' weekend. Last year we reduced the number of days of each sale and this year we requested a meeting with everyone who wished to continue with 3 sales. Sixteen businesses showed up for the meeting or sent comments that they wished to continue the 3 sales. Following the meeting we requested participation in contributing towards the joint advertising and encouraged participation in the `Banner Page' in the newspaper With the assistance of the newspaper ad rep, the page became almost 2 pages and the businesses paid to run the ad twice We hired a clown to pass out balloons and provided free balloons for all businesses that participated in the joint advertising and/or the banner page. Cost to the Promotion Committee $750. C. We participated with the Peninsula Daily News in sponsoring the United States Army Field Band Concert at the Fountain, Downtown. Over 500 people attended the concert during a lunch hour. The newspaper provided all promotion of the event with no cost to the Promotion Committee. We arranged for power, seating, and worked on control of traffic flow (primarily keeping the attendees out of the roadway) Highlight other promotional activities in the planning stage, include dates if known Merchants in Action' will be held the end of July We will provide joint advertising and balloons for participating businesses. Dates for the event are July 27, 28, and 29. Cost projected at $750. Summarize new promotional materials (newsletters, brochures, logos): Downtown Updates, the single sheet newsletter with information about upcoming events and activities vere mailed to all Downtown businesses except for the Easter letter that was delivered to all street -level businesses They contained information on the Easter Promotion, the Annual Clean and upcoming events, and the May General Meeting along with information about upcoming events including the 4 ofJuly Window Display Contest The newsletter, Downtown Happenings, will be mailed the middle ofJuly. List key media contacts, press releases, interviews, and articles done during the reporting period We are continuing the radio spots featuring business updates, the number of storefront improvements, and activities in Downtown and program information. We also have spots about Art on the Town and parking tips The spots air for one minute, eight times a day on each of the 2 stations. Interviewed about the `Art on the Town' project. Have there been any public improvements completed in the past two months that affect the downtown icvitalization program (List source(s) of funding and total cost of each project) The Port is beginning renovation projects at the Landing Mall. The first project involved demolition of the area formerly occupied by Dairy Queen and providing new lighting and carpeting for the expansion of Reigning Visions Artwork and the addition of Elite Espresso Local funding of $12,000. Describe any other current design activities (sign changes, ordinances, design review, workshops, contests, historic district formation, building surveys, clean-up days, etc.). The Annual Downtown Clean-up was held in May. The turnout was fairly light but there was more activity by business owners except for cleaning the alleys. The City painted all the yellow and red zones and redid the crosswalks. We are beginning work with the City for the change in the Parking ordinance to provide conditions for overnight parking in the off street public lots. The residents at the Lee Plaza are provided access for overnight parking but now State and Federal offices, Downtown, are requesting overnight parking access. We are accepting applications for design assistance and have 21 business /property owners requesting assistance The requests are primarily for painting facades and new signage, mostly projecting signage. Art on the Town held "Meet the Artists' to honor the artists who loaned sculptures for the 2000/2001 show Art on the Town opened the 2001/2002 art show on June 30 The response the opening day was great and during installation hundreds of people stopped by the sites to watch. ECONOMIC RESTRUCTURING Current number of businesses in the project area: 207_ Current number of employees in downtown: Retail Sales 1440 _5_% up /down from previous quarter 4 up /down from previous year Explain any efforts made in assisting individuals or groups to obtain financing for an improvement project List efforts to provide other business assistance and education: Developing a poster that will provide an overview of what is happening Downtown It will include the number of new businesses, employees, as well as total dollars of private investment. Continuing with a business packet with information about Downtown, local economic development statistics and services provided, suggestions for advertising and information on storefront design Give a synopsis of your efforts in market analysis and business recruitment. Summarize any other Economic Restructunng activities. We have shown property to prospective new businesses, provided information on rental costs, and located property for relocation of business to provide an opportunity to purchase properties. The `Welcome Packet' contains an update data sheet for all businesses Downtown We are providing the information currently in our data base and the information the City has for assessment With the updated information we and the City can complete our updating of all businesses. Storefront vacant space is less than 2% of the total available space COMMENTARY Critical Local issues, problems, and successes Goals and challenges of upcoming projects We need to continue to hold fast on our position on the `Gateway' project. At this time things appear to be calming but we need to keep sight of what our position was conditioned on when we provided our support Interesting;stories, information, and discoveries to relate: Suggestions for state program services, training needs, questions, comments. Port Angeles Downtown Association/Main StreetTM New Jobs, Businesses, Rehabilitation Investment In Downtown Port Angeles October 1, 1997 June 30, 2001 50 More Businesses 440 More Jobs Over 110,000 sq. ft. of unoccupied space, now filled 90 Facade/Exterior /Interior Renovations 15 Buildings Purchased Occupancy rate from 87% to 98% Private Investment $9,774,150 Public Investment $5,052,080 X 111111® Ea Board of Directors 2001 Roy Gotham President The Toggery 457 -4303 Rudy Hiener Vice President Bay Variety 457 -5200 Marlene Hulett Secretary Regence Blue Shield 417 -8308 Knstm Tucker Treasurer Knstm 'fucker 452 -9749 Wayne Barrett Director MV Coho 457 -4491 John Brewer Director Peninsula Daily News 417 -3500 Dan DiGuilio Director C lallam Transit System 452 -1315 Evan Brown Director Brown's 4574150 Mary Gotham Director The Toggeiy 4574303 Eileen Knight Past President Bergsma Showroom 452 -5080 Cassie LaPierre -Shuck Director North Light Gallery 452 -4262 1,aunc Szczcpczynskr Director First Federal Savings 417 -3222 Louann Yager Director Chamber of Commerce 452 -2363 Staff Arla Holzschuh-457-9614 1051/2 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360 457 -9614 Fax 360- 457 -9614 Email pada @olypen com PORT ANGELES ?W ASSOCIATION December 12, 2001 Timothy Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Dear Timothy: The Port Angeles Downtown Association is pleased to submit the Program Manager's Quarterly Report for Washington State Downtown Revitalization Services Partner Cities. This report covers the third quarter of 2001. Statistics for the first quarter include. 3 New businesses 0 Relocations within Central Business District 0 Relocations into Central Business District 0 Business expansions 0 Businesses failure /relocations out of CBD 9 Interior /exterior renovation projects 59,600 Total Private Investment for quarter 0 Public Investment for quarter If there are any questions concerning this report or if additional information is required, please contact me at 360 457 -9614. Yours sincerely, Aria Holzschuh Executive Director encls Our lftifflO)t a to a dp itote a ke-altkil and jry eroiu l)ownto t 5. 7 1051/2 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360- 457 -9614 Fax 360 457 -9614 Email pada @olypen com 12 -12 -01 PORT ANGELES OW X ASSOCIATION Tim Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Contract with City of Port Angeles Third Quarter July to September report INVOICE Thank you. BUDGET CODE DEPTion. 23. 410 DATE lz -24, Oxr xtarrox If fir l eve l axd jrotote- a /&ealtlty axd }rvyero u 7owxtvi wx $3750.00 WASHINGTON STATE DOWNTOWN REVITALIZATION SERVICES LOCAL PROGRAM MANAGER'S QUARTERLY REPORT The local Downtown Revitalization program manager must submit a quarterly report to the state program by the 10 of January, April, July, and October for the previous three months. This is required for the community to maintain status as a Washington State Tier System Associate or Partner -level city. The manager should attach two copies of materials that further profile activities that the local program has accomplished during the reporting period Manageress's Name: F 1Q L 0- 4 1.2S s C(40 a_ City: l2 f}r( c-E Lt: S Current date: l D 66 —b L Months year that this report covers S ORGANIZATION Please give a synopsis of the status of your downtown organization, and of any related organizational matteis We submitted a contract request to the City for funding assistance of $20,000 for 2002. Board members continue the delivery of the `Welcome Packets'. The attached `data sheet' is helping update our records. Board members participated m the welcoming of 4 small cruise ships in September. We worked with businesses to get coupons, information about Downtown, the Art brochure, and a packet from the Chamber to put together welcome bags for the passengers. If any board members have changed, please provide an update for our mail /phone list (naive, address, phone) Barbara Frederick, elected for a 1 year term, had to resign at the end of June when she took a new position in Sequim with the Sequim Gazette Evan Brown, the next highest vote receiver in the last election was appointed to fill Barb's position through December 2001. New Board list is enclosed Current number of board members: 13 Current number of standing committee members Organization. 13 Promotion: _5_ Design: 6 Economic Restructuring 4 Other. Parking 6_ Other Art on the Town 10 Other: (Promotion Task Force): _15_ Current number of volunteers 34 Number of volunteer hours dedicated to program activity support this quarter: _322_ New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer applications, grant pioposals, reports to city council, brochures, etc) Began a draft of a membership brochure that we put on hold until after the Manager's Retreat when new information on fundraising will be provided. Descnbe recent outreach activities conducted to build relationships with other organizations (presentations, meetings, correspondence, joint projects): Contacted the Exchange Club regarding using the flags, normally used 9 times a year for Special Days or Events, to put out the flags and allow them to remain in Downtown for 30 days. The Club provides flags to Downtown businesses that contribute to their flag program. The Club puts the flags out early in the day and picks them up after 6prn the same day. Following September 11` they planned to put the flags out only for Friday, the 14 of September for the Day of Remembrance. We contacted all the businesses that contribute to this program and requested that each business agree to take the flags in each day and put them out every morning they, are open. Two Board members and the Manager checked m the evening hours and took in flags that were forgotten. Unfortunately, in the first days a number of flags were stolen during the daytime hours as well as in the evening. A vast majority, however, remembered to take the flags in at night and they will remain in Downtown until after October 11 Participated in the Chamber's 4th of July Parade by sponsoring a group of clowns and having the Managei help the Chamber Manager at the reviewing stand. The Past President and manager continue to attend and participate in Downtown Forward. We have been working with the Housing Authority to have projecting signage and uniform projecting sign brackets for all the storefronts. A change in the position of Executive Director has somewhat slowed that process. We continue to work with the City and Transit System for the Port Angeles International Gateway Project Two Board members and the manager participate. Currently, the process has slowed as additional requests for saving parking have come forward. A request for parking under the pedestrian area (formerly planned to be filled) would cost an additional half million plus a second request for total excavation of the site to allow for an undergiound parking structure has been made by a business operating `ferry parking'. This now has to go back to the Federal Transportation Administration office in Seattle. An appraisal firm has been hired to begin the property appraisals PROMOTION Give a synopsis of promotional activities just completed. Include naive of event or activity, total cost, source(s) of funds, a short descnption of the event or activity, and an evaluation of its success A Our first summer sidewalk sale event, Merchants in Action, was held in July in conjunction with Rotary Nor'Wester's "Arts in Action The weekend activities, sponsored by the Rotary club, included the creation of a very large sand sculpture of Godzilla and King Kong and a one day car show. The actual number of people in attendance reportedly was down this year but the businesses participating in the sale event had sales close to or above last year Promotional cost for the Association was $550 with half of the amount being contributed by participating businesses B. The Labor Day Weekend Sale was, for most participating businesses, the best income producer of the 3 yearly sidewalk sales. Gross revenue was up 20% for some businesses Cost for the event, including a clown who made balloon animals, was $610 with $300 from participating businesses. Additional advertising for all sidewalk sale events includes a banner page(s) with color provided at no cost by the newspaper and our non profit rate used for participating merchants. These cost saving items have helped us promote running the banner page for 2 days at very nearly the cost of a single day done by individual merchants. C D. Highlight other promotional activities m the planning stage, include dates if known: The Halloween Promotion, Oct. 31, will include Tnck or Treating for children at Downtown businesses and we will again have free photos available for children. The past couple of years have seen about 1600 children participate with most of them Trick or Treating along First Street where a majority of businesses are located The other streets have between 400 and 1000 children show up. Last year we photographed over 300 children and then placed their photos in Downtown businesses. We have duplicate photos made so we don't have to take apart the photo display to remove pictures. This has been very successful and it brings the parents back a second time (and a third time if they want both pictures) We are having a backdrop made for the picture taking and will use it in future years. We are working with the Chamber's Special Events Committee to create a "new" event that includes all activities currently taking place during the holiday season and a couple of additional events to fill in weekends that don't have anything happening The promotion, as yet to be named, will be from Thanksgiving weekend through January 1S`. Current Downtown activities include the lighting of the street trees, decorations on light standards, Tree Lighting ceremony, and 2 weekends of Santa photos. Funding for these events is budgeted and secure Other events are the Hospital Foundation's Festival of Trees, residential lighting (self guided tour), high school concert, Christmas Fair at the city's Vern Burton Center, the Boat Parade, and the Polar Splash on Jan. 1st New plans include the lighting and touring of the B B's, a holiday basketball tournament, a'`Raingear" Run, two weekends of entertai.nunent and possibly a wine tasting, and a community bonfire event Light up the Night Additional sponsors and other funding sources are currently being explored. Sumrnarize new promotional materials (newsletters, brochures, logos): A Downtown Promotion information sheet was included in the August newsletter. This is a new information source being provided to Downtown businesses and prior to the August issue was mailed. We will likely continue mailing this info so it doesn't `get lost' amongst the newsletter information. Once again the business list has been updated and will be used to update the business directory list so that it can be printed. List key media contacts, press releases, interviews, and articles done during the reporting period As in the past, since beginning `Art on the Town', the art project receives the most coverage This fall, with the facade improvement to Family Shoe Store, we have received inquiries regarding some of the Downtown improvements. We are continuing the radio spots featuring business updates, information on the art project, and emphasis on where to park in Downtown. The spots air for one minute, eight tunes a day on each of the 2 stations. DESIGN Have there been any public improvements completed in the past two months that affect the downtown revitalization program (List source(s) of funding and total cost of each project): None Describe any other current design activities (sign changes, ordinances, design review, workshops, contests, historic distract formation, building surveys, clean-up days, etc Last year we had participated on a comrnittee, formed by the City, to assist in the design for the stabilization of the bluff slide area that is to the east of the Fountain area. In addition to the stabilization, the City wanted input about replacing the stairs and the possible addition of a tower area that could be used for viewing as well as part of the stair entry to the hill. Over a period of tune the cost grew to over $400,000 and there was only about $200,000 available. The new plan, designed by the City, inet all of the changes we asked for a year ago and eliminated our concerns about an overpowering tower and concrete that was to be sprayed on the hill All committee members agreed on the new design and our Design Committee will help select the color tones for the stone walls and participate in the design for planting the hill. The stairs project will be on hold until additional funds are available. The new green on cream signage for the parking lots has been installed. The signs were designed to complement the existing directional signage the City already had in place. We are working with the City for assistance in having the poles painted in the `sage green' that is being used in Downtown. The signage for the informational kiosk is being made. It features the Association's logo and we are working with the City for assistance in painting the upper part of the 15 ft. structure. Ten storefront improvement projects, approved by the Design committee, have been completed Each of these projects receives a funding match of up to $300. Eleven additional projects are still pending but we expect most of them to be completed this year. The City contract provides part of this matching fund. The committee has been working on a draft streetscape design. We will likely need additional professional assistance on this project and some additional conunittee members to complete all facets of this project. Art on the Town has been experiencing an increase in vandalism since it opened its third year June 30` One sculpture will be fenced and 2 others will have additional supports welded on the base to increase stability We have had one piece stolen from this years show. The committee feels that much of the increase in vandalism may be due, in part, to the increase in youth in the community hanging out m the parking lots where damage is also occurring. We have been working with the police department on these problems and to date have agreed to close 2 of the public lots from l OPM until 6AM every day. ECONOMIC RESTRUCTURING Current number of businesses in the project area. _210_ Current number of employees m downtown Retail Sales: 1444_ 12 up /down from previous quarter 5 u1 /dov<n from previous year Retail sales were up substantially prior to September 11 Some businesses were up 10 -15% in September but a majority saw a drop after the 11 and then a slow return to near normal Explain any efforts made in assisting individuals or groups to obtain financing for an improvement project. List efforts to provide other business assistance and education: Completing development of a business packet with history and information about Downtown, services provided, and economic statistics. We continue to provide businesses with information on occupancy requirements, sign ordinance, parking requirements, and space available for new businesses. Give a synopsis of your efforts in market analysis and business recruitment. Summarize any other Economic Restructuring activities: 105 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360 457 -9614 Fax 360- 457 -9614 Email pada @olypen com PORT ANGELES, ASSOCIATION January 15, 2002 Timothy Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Dear Timothy: The Port Angeles Downtown Association is pleased to submit the Program Manager's Quarterly Report for Washington State Downtown Revitalization Services Partner Cities. This report covers the fourth quarter of 2001. Statistics for the first quarter include. 10 New businesses 0 Relocations within Central Business District 0 Relocations into Central Business District 1 Business expansions 11 Businesses failure /relocations out of CBD 6 Interior /exterior renovation projects 135,800 Total Private Investment for quarter 14,000 Public Investment for quarter If there are any questions concerning this report or if additional information is required, please contact me at 360 457 -9614. Yours sincerely, cL, Arla Holzschuh Executive Director encls. axr »fflvx If tv delAd andJry i ote a h.ea /tiy axdJry jerow 2Svwntvwn 5, '7 WASHINGTON STATE DOWNTOWN REVITALIZATION SERVICES LOCAL PROGRAM MANAGER'S QUARTERLY REPORT The local Downtown Revitalization program manager must submit a quarterly report to the state program by the 10 of January, April, July, and October for the previous three months. This is required for the community to maintain status as a Washington State Tier System Associate or Partner -level city. The manager should attach two copies of materials that further profile activities that the local program has accomplished during the reporting period Manageress's Name: ,2$6 i.4.0 14 City. CRY A- Ata,ELES Current dated- Q( Months year that this report, covers.., hIOO. DEC ;1c0 ORGANIZATION Please give a synopsis of the status of your downtown organization, and of any related organizational matters: The Nominating Committee mailed a request for nominations for the Board of Directors for 2002 The committee verified the nominees intentions, had candidates provide a bio (if not previously done), put together the bio's and ballot and mailed for the election. Nine candidates ran for 7 positions, 4 new candidates and 5 current Board members. The ballots were counted December 27 and the all candidates were notified of the results. The two losing candidates were the only ones who had not served on a committee or the Board in the past. Both of them have been invited to join a committee and they have accepted positions on committees. The Committee is also responsible for presenting a slate of officers, to the Board, for consideration. If any board members have changed, please provide an update for our mail/phone list (name, address, phone): New Board members for 2002 are: Jan Harbick, 1006 South Lincoln St., Port Angeles, WA 98362 (360) 452 -8248 Charles Smith, 319 South Peabody St., Port Angeles, WA 98362 (360) 452 -6116 They will replace Cassie LaPierre -Shuck and Evan Brown, both chose not to run for reelection Board members through the end of December remain the same Board List for 2002 will be mailed following election of officers at January 9 meeting. Current number of board members: 13_ Current number of standing committee members Organization: 13 Promotion: 6 Design 5 Economic Restructuring 5 Other Parking) 5 Other Art on the Town) 6 Current number of other volunteers: 4 plus 8 for Holiday Liuhts Number of volunteer hours dedicated to program activity support this quarter 509_ New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer applications, grant proposals, reports to city council, brochures, etc The workplan has been revised for 2002 A new manager evaluation form is being completed. A new draft of a membership brochure has been completed and will be finalized by the *Membership Committee on January 24 then presented to the Board. Describe recent outreach activities conducted to build relationships with other organizations (presentations, meetings, correspondence, joint projects): Worked with the Chamber of Commerce Special Events Committee to develop a new holiday event encompassing all of the activities in the community from Thanksgiving through New Year's Day. The event called `NorthWest Harbor Holidays combined separate events under one heading with joint advertising and promotion. Worked with the Exchange Club to extend the display of 77 flags lining the streets to remain until after November 11 Each business was contacted and all but one agreed to continue to maintain the flags originally put out after September 11 Presented the first draft of the Design Committees Downtown Streetscape Design to Downtown Forward Committee. This draft contains photos of what needs to be considered for change and some examples of what the committee felt was good design. Continue to attend and participate in Downtown Forward. The committee is reviewing the option of diagonal parking in the Downtown. Th e City through the Engineering Department presented numbers and placement of additional parking following our request to the Committee and the City to consider looking at diagonal parking on the south side only of First and Front Streets and Railroad Avenue to help mitigate the loss of over 120 public parking spaces when the `Gateway' project is built. Preliminary numbers show that on street parking would be doubled in those areas We continue to provide information regarding parking throughout the Downtown and the revitalization progress, particularly in numbers of new businesses, financial private investment, and number of new employees, for the property appraisals for the Port Angeles International Gateway Project. PROMOTION Give a synopsis of promotional activities just completed. Include name of event or activity, total cost, source(s) of funds, a short description of the event or activity, and an evaluation of its success A. The Halloween Promotion was a great success with over 1600 children bringing their parents Downtown for treats from the businesses. We continued for the third year to provide free photos of the children and this year had a backdrop made for use every year. Additionally, the merchants in the Landing Mall held a Costume Contest with prizes being awarded in five categories We provided advertising on radio and newspaper for all of the events Total cost was $500 B. The annual Tree Lighting and arrival of Santa was changed this year from Friday evening to Saturday afternoon. Many parents had commented that it was difficult to get home from work to get their children and get back Downtown by 6PM for the festivities Having the event on Saturday posed a few inconveniences in storage of barricades, police presence and the assistance by the City when electrical problems occurred. The day turned out to be one of the wettest of the year but a fairly large crowd still showed up. Because of the rain, the elementary school children who were to sing cancelled causing some people to leave, mostly grandparents of the children, the antique decorated fire truck arrived 15 minutes late, and when Santa threw the switch to light the tree, nothing happened. The underground enclosure containing the tree light connections had filled with water. Santa, however, was a great success giving the children bags of little toys and a Beanie doll or animal. Even with all the unfortunate happenings everyone had a good time and we will continue to have the event on Saturday. Total cost was $1000 with $500 donated by First Federal Savings as the cosponsor. C. Santa Photos this year had to be delayed one week due to the Tree Lighting being held the day we had previously taken photos. Once again we contracted with the Port Angeles Kiwanis to provide the Santa and the photographer. This year we held the event at the Landing Mall in a continuing effort to have the Mall become more involved in special events. Total cost $$725 D. Although the project to have the promotion `Downtown Dollars' had been on our workplan �t had been difficult to get it started. One of the promotion committee members, Laurie, is a branch manager of the bank that cosponsors the Port Townsend `Town Dollars' project so Laurie set out to learn how the Port Townsend project was accomplished. She was successful in having the bank to commit their sponsorship and then we went to work Although it was November before final approval for the project everyone jumped on board and recruited bus78 businesses to participate. Within 2 weeks we had the business commitments, checks, table tents and posters printed. There was a 3 day delay in getting the `wrap' printed but because of the intense advertising campaign the `dollars' started selling immediately only 21 days before Christmas. By December 24 over $10,000 in `dollars' had been purchased. The Downtown businesses and the community are very supportive of the project and it will continue year `round. Total cost $3200 $950 contributed by First Federal Savings as the cosponsor, $1950 from registration fees of participating businesses, and $300 from the Promotion Committee Highlight other promotional activities in the planning stage, include dates if known Currently, the Promotion Committee has no specific `events' scheduled for the first quarter. We are, however, focussing on spending the first few months expanding the educating of the public about what's Downtown. Focus will be on press releases about activity Downtown, and restarting the `double truck' advertising feature that was so well received by the community from 1997 to 1999. Summarize new promotional materials (newsletters, brochures, logos). Downtown Updates, the single sheet newsletter with information about upcoming events and activities continue to be mailed to all members The Promotion Committee report will be included in the January newsletter. List key media contacts, press releases, interviews, and articles done during the reporting period Two interviews regarding NorthWest Harbor Holidays were done by the radio with the managers of the Chamber and the Association. The radio spots, Downtown Minute, featuring business updates, the number of storefront improvements, and activities in Downtown and program information The spots, partially PSA's and some sponsored, air for one minute, eight times a day on each of the 2 stations We provided press releases with information regarding all of the Downtown events DESIGN Have there been any public improvements completed in the past two months that affect the downtown revitalization program (List source(s) of funding and total cost of each project) The Breezeway area that connects First Street to the largest customer parking lot on Front Street needed to be sealed from a odor problem below grade. The City worked with us to have the work done before and after the Halloween event that takes place in the Breezeway area Additionally, the City has worked with the Association's Design group to select the colors for the painting of the Breezeway in the spring. Describe any other current design activities (sign changes, ordinances, design review, workshops, contests, historic district formation, building surveys, clean -up days, etc.): The first draft of the proposed Downtown Streetscape Design has been completed. The draft includes photos of what is currently present in the Downtown, both good and not so good aspects are featured. The second draft is being started and includes only the proposed future design along with good features already existing. Of the 21 businesses requesting design assistance in 2001, 10 businesses have completed their projects and received financial compensation, 5 have begun but not completed their projects, and the other 6 have requested consideration for 2002 along with 5 new requests. We will add those projects not yet completed to the 2002 funding for a total possible number of 16 requests. Three years ago the City's tree top decoration for the Christmas Tree disintegrated after high winds and many years of duty. The decoration had not been replaced so the Committee purchased a 4 foot star and presented it to the City at the Tree Lighting. For a number of years the Olympic Kiwanis Club had gone door to door to Downtown businesses and requested $25.00 to install white lights in the tree in front of that business for the holiday season Over the years they had increased the number of trees with lights to about sixty. In 1998, the Kiwanis requested our assistance in promoting this activity. Since then we have requested funding from the businesses, purchased the Lights, and paid the Kiwanis for installation, maintenance, and removal With increased contributions each year, we had increased the number of lit trees to 133 last year This year a contribution of over $500 from the local newspaper and the organizer of the bus trip to the Seattle Garden Show and more contributions than in past years we lit 160 trees with nearly 100,000 lights. Total cost $4800. The holiday pole decorations and the skylines did not require as much repair this year just some bulb replacement that was done by the City Light Utility crews as they installed the decorations. ECONOMIC RESTRUCTURING Current number of businesses in the project area: _205_ Current number of employees in downtown: Retail Sales: 1441 5 up/down from previous quarter Even up /down from previous year Explain any efforts made in assisting individuals or groups to obtain financing for an improvement project. List efforts to provide other business assistance and education: Continuing with a business packet with information about Downtown, local economic development statistics and services provided, suggestions for advertising, and information on storefront design. Give a synopsis of your efforts in market analysis and business recruitment Summarize any other Economic Restructuring activities: Having attended the seminar in October for Marketing, "Downtown Market Analysis Business Recruitment Made Easy', we are revamping the activities for the Committee in 2002 Getting the Economic Restructuring committee work into high gear has always been important to the program but now it is more important than ever In our request, to the City, for funding assistance a major component was our including emphasis on economic development especially in business recruitment and retention with 15% of the funding being for that purpose. i Continue to assist in showing property to prospective new businesses, provided information on rental costs, and we have located property for relocation of business to provide an opportunity to purchase properties. Storefront vacant space remains less than 2% of the total available space. COMMENTARY Critical local issues, problems, and successes: The Association has reached the point of needing to focus on recruiting new people for the committees. We have only one new member in the past two months and two more volunteers joining in January. A couple of current committee members want to change to a different committee and we need to shore up each group so there can be more people to do the work. Goals and challenges of upcoming projects: The City has received 2 proposals for a conference center and one project has won approval of the `review committee' and the hoteUmotel tax committee Downtown Forward will meet January 11` to vote on its preference. The first choice appears to be a $14 million project, on the waterfront at Oak Street, with a Holiday Inn and a conference center. The original building drawings published were a `boilerplate' four story hotel that could appear in any community. We have been talking with the developer and provided some suggestions of a more maritime -type structure or structures (wharf style buildings). Interesting stories, information, and discoveries to relate: Suggestions for state program services, training needs, questions, comments: M 105 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360 457 -9614 Fax 360 457 -9614 Email pada @olypen com PORT ANGELES Ow ASSOCIATION April 22, 2002 Tim Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 INVOICE Contract with City of Port Angeles First quarter 2002 Manager's report January March 2002 Thank you. BUDGET CODE: /;3 41Y0 DEPT /DIV APPROVLc' DATE 2 —02-- $4375.00 Oxr xufffvx if to de-ve 19 axd }rv1iWte a Ii ttIj axd }rviervxf 75swxtvwx 5.1 1051 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360 457 -9614 Fax 360 457 -9614 Email* pada @olypen com PORT ANGELES ASSOCIATION April 16, 2002 Timothy Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Dear Timothy: The Port Angeles Downtown Association is pleased to submit the Program Manager's Quarterly Report for Washington State Downtown Revitalization Services Partner Cities. This report covers the first quarter of 2002. Statistics for the first quarter include: 4 New businesses 2 Relocations within Central Business District 1 Relocations into Central Business District 3 Business expansions 5 Businesses failure /relocations out of CBD 8 Interior /exterior renovation projects 55,500 Total Private Investment for quarter 000 Public Investment for quarter If there are any questions concerning this report or if additional information is required, please contact me at 360 457 -9614. Yours sincerely, Arla Holzschuh Executive Director encls. ,44 Oxr nuffiox of tv dere -l9 a to romote a l�.ealtll jl axd jro jeroxf 7owxtowx ORGANIZATION WASHINGTON STATE DOWNTOWN REVITALIZATION SERVICES LOCAL PROGRAM MANAGER'S QUARTERLY REPORT The local Downtown Revitalization program manager must submit a quarterly report to the state program by the 10 of January, April, July, and October for the previous three months. This is required for the community to maintain status as a Washington State Tier System Associate or Partner -level city. The manager should attach two copies of materials that further profile activities that the local program has accomplished during the reporting period. Manageress's Name: _RR. 1-1.O Z Sc k v H City: 1h,R i A a C E E Current dateO}- O (Q oa Months year that this report covers: X{41c FEB,, a hoc a Please give a synopsis of the status of your downtown organization, and of any related organizational matters: Elections for new Officer's took place at the Board sneering in January. President Rudy Hiener; Vice President Marlene Hulett; Treasurer Jan Harbick; Secretary Louann Yager. The Past President is Roy Gotham. The Annual Meeting, `Just Desserts and Awards' was held the end of January. The organization presented its "Spirit Award' to Laurie Szczepczynski for her extensive work on the `Downtown Dollars' project. This award is presented to any member of the Association or Committee member who shows an exemplary contribution to the Association's Main StreetTM program. The `Partner Award' was presented to Ron Johnson of the City of Port Angeles' Engineering Department for his work, with the Association, on public projects in Downtown. The Award is presented to a member of a Public entity who works with the Main StreetTM program to ease the impact of public projects or who contributes to the successes of the public /private partnerships. Both of these awards may be awarded only once to an individual recipient. The Design Committee presented nine `Excellence in Design' Awards to seven business and property owners. The Association has requested that the City increase the Parking Business Improvement Area (PBIA) assessment. If approved, this would be the first increase in 12 years. The Public Hearing before the City Council is tentatively set for April 16` If any board members have changed, please provide an update for our mail/phone list (name, address, phone): List of all Board members with Officer positions is enclosed. The two new Board members for 2002 were listed in the 2001 4th quarter report. Current number of board members: 13 i Current number of standing committee members: Organization: 13 Promotion: 6 Design: 6 Economic Restructuring 6 Other Parking) 5 Other Art on the Town) 6 Other (Membership) 5 Current number of other volunteers: 4 Number of volunteer hours dedicated to program activity support this quarter: _372_ New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer applications, grant proposals, reports to city council, brochures, etc.): Draft of the new membership brochure is almost complete. The dues structure for members from out of the Downtown area (not in the Parking Business Improvement Area) needs approval from the Board and that is scheduled for the first meeting in April. The Board has added a second meeting a month to allow focus on issues that will heavily impact the future of Downtown. The first extra meeting was to provide requests to the City for the 5- year update of the Comprehensive Plan. This update was for the Downtown and the Waterfront. Describe recent outreach activities conducted to build relationships with other organizations (presentations, meetings, correspondence, joint projects): The Association had approached the 8 Street Farmer's Market group a number of times in the past 4 years, to have them relocate to the Downtown. The answer was always that it was too windy in Downtown. Early last year many of the farmer's organized a new market, the Port Angeles Farmer's Market, and approached us about locating Downtown with another option being at the County Courthouse parking lot. The decision was made by the group to begin at the Courthouse and work to use the new `International Gateway' site in the future. We worked with the group to have them Downtown for an evening market, one day a week on Wednesday, from July through October. Time and physical constraints put this endeavor on hold until 2002. The Market will open in Downtown on June 19 provided approval is received from the City for a conditional use permit to close down one block of one street for 6 hours. The hearing is set for early May. We will continue work with the Chamber of Commerce Special Events Committee on the holiday event, established last year, with a more defined workplan of event responsibility. The event called `NorthWest Harbor Holidays' combined the activities of all events in the community, from Thanksgiving through New Year's Day, under one heading with joint advertising and promotion. Additionally, we will work to have complementary promotions for Chamber sponsored events including the 4 of July, a new Crab Festival event, and a Community History weekend. We are continuing work with the Exchange Club on the flag program. Each year Downtown businesses contribute to the Exchange Club for the purchase and maintenance of flags that are placed throughout the Downtown special holidays and events. A majority of the flags are located on one side of one street, for two blocks. We are encouraging additional businesses to contribute to this program. Continue to attend and participate in Downtown Forward. The Committee is now working on helping facilitate the new Convention Center as well as continuing to work on how to provide for no net loss of parking in the `International Gateway' project. They have appointed 3 people from the Committee to work with our Parking Committee to strategize and come up with doable recommendations for the future replacement parking, possibly a parking structure. PROMOTION Give a synopsis of promotional activities just completed. Include name of event or activity, total cost, source(s) of funds, a short description of the event or activity, and an evaluation of its success: A. For the past two years, the Promotion Committee had discussed having a `Customer Appreciation' event but had not added it to their activities. In January, there was discussion of how successful the Customer Appreciation Day had become for the First Federal Savings and Loan Branch in the Downtown. It is an event that people wait for each year. The Committee decided to see how many businesses it could get to participate in a `Customer Appreciation Week' that would begin a week before Valentine's Day and end with the prize drawings on the same day as First Federal's event. We offered to pay one -half of the cost of a $25.00 Downtown Dollars certificate for each business participating, with the idea that if we could get 20 businesses (more than participate in the Sidewalk Sales) it would cost us $250.00 and the businesses would pay towards 3 —'A page color ads, 2 promoting the event and one to announce the winners. In ten days, 38 businesses had signed up for the event and one business gave 2 certificates and the Committee purchased one for a total of $1000.00 in prizes. Following the event a number of a participating businesses asked if we could have this event or a similar event each quarter. Total cost was $3160.00 with $2650.00 paid for by the participating businesses and $510.00 by the Promotion Committee. B. Our second promotion was for Easter with the Easter Bonnet Days on Friday and Saturday, Easter weekend and the Easter Bunny strolling throughout Downtown on Saturday, handing out all of the Easter candy we had purchased. This year more businesses participated in wearing bonnets and a number of participants were people who have not participated in any events in the past few years. We had to drop the 4 -H petting z of chicks and bunnies as our insurance company had removed this event from our coverage because of the insurance risk. Advertising was done through the Downtown Minute and PSA's plus news articles and photos by the newspaper and local TV station. Total cost to the Committee was $65.00. Highlight other promotional activities in the planning stage, include dates if known: The Committee had spoken with the newspaper advertising department about restarting the double -truck Main Street News that had been done once a month for 6 months a year, from 1997 until 1999. The 2 page ad featured articles about Downtown and businesses that advertised in the ad. About 40 businesses participated and it provided the community with information that is difficult to get out to the whole community. For six months of the year, the Downtown Association was promoted through this promotion. One of the most difficult aspects for the Association has been to have the Downtown businesses and the community be aware of what the Association is doing to revitalize Downtown. Newsletters reach a limited group, sponsorship of events is noticed only if a person reads the bottom of the ad or pays attention to the radio message. Many people compliment "whoever does `Art on the Town' and the holiday street tree lighting. These are the most visible projects we do but apparently we haven't tooted our own hom enough! The advertising department at the newspaper has proposed the idea of the Downtown Association having its own tabloid. The tab will be published every other month, beginning by early May and feature articles about the Association, the committee work, the Main Street program as well as special features about historical buildings, events, and articles by professional business persons in the Downtown. The Committee has started to work on some additional activities for the first Sidewalk Sale of the year, including naming it and making it a little more interesting. The Sale is planned for May 31S`, June e` 2 °d Summarize new promotional materials (newsletters, brochures, logos): The Association's winter newsletter, Downtown Happenings, was distributed in mid January and featured a new insert called `Meet Your Downtown Neighbors'. Forms for businesses to fill out had been put in the fall newsletter and 12 of the businesses responding were featured in the first edition of the insert. The response has been very rewarding with comments ranging from "can you do this on the oldest businesses in Downtown" to "how do I get a write -up about my business in the newsletter List key media contacts, press releases, interviews, and articles done during the reporting period: We provide the list of all the new businesses Downtown and those that are opening in the near future to a writer for the newspaper and she acquires the information she needs from the businesses. We continue to write and produce the radio spots, Downtown Minute, featuring business updates, the number of storefront improvements, and activities in Downtown and program information. The spots, some PSA's and some sponsored, air for one minute, eight times a day. We provided press releases with information regarding all of the Downtown events. The newspaper recently did a Sunday feature article on the 4 Downtown areas in Clallam and Jefferson Counties. Article is enclosed. DESIGN Have there been any public improvements completed in the past two months that affect the downtown revitalization program (List source(s) of funding and total cost of each project): none Describe any other current design activities (sign changes, ordinances, design review, workshops, contests, historic district formation, building surveys, clean-up days, etc.): There are 37 design assistance requests for this year and currently the Committee is actively working with 7 of those businesses and 2 others have completed their projects. We continue to work on the Design Guidelines and the Downtown Streetscape Plan and the fact that these guidelines exist helped enormously in the design for the `International Gateway' project. Prior to February the architectural design that kept showing up in preliminary designs was that of `mountain chalet' type of buildings following the base camp idea, Hurricane Ridge buildings placed at sea level. The idea of the base camp was receiving less support and when the fmal design was about to begin the Streetscape Draft was sent to the architects, consultants on this project, and 2 days before the first public meetings on the final design we sent our draft of the new Downtown Guidelines. The consultants came in with urban retail design for not only the buildings but also each transit shelter complete with awnings, brick, and traditional Downtown storefront facades. The design was overwhelming approved of by those in attendance. The Committee is promoting the purchase, by businesses, for hanging flower baskets for their storefronts. We are working with the garden business owner who does the large baskets for the area of the Fountain. The baskets will coordinate with the City's baskets on the poles and the flowers at the Fountain. The Committee will contribute 20% of the cost to promote more purchases. In the early 1980's the Downtown Association wrote its own Downtown Sign Ordinance. Since then, the City has added many of the Downtown elements to the City Sign Ordinance. Recently, it was recommended that A -Frame signage exclusion be added to the City ordinance. The Design Committee feels that prohibiting A -Frame signs Downtown, as currently in the Downtown ordinance, may in fact be a detriment to its pedestrian orientation. We testified at the Planning Commission that the Association may request allowing secure A- Frames Downtown with the proper insurance. The Art on the Town Committee has moved the opening of its next show from early July to the last week of September. We had requests from some artists to have an opening at another time than between April and June as all the other communities do. Many artists felt there were too many shows opening about the same time. The opening will be combined with the Meet the Artists event. The 9`" Annual Downtown Clean Sweep is scheduled for May. We have worked with the City Public Works Department and the Parks and Recreation Department to have the planters pressure washed and planted, the curbs and crosswalks painted, all prior to the Memorial Day week -end in May. We are also encouraging businesses to start early on their cleaning around their properties. ECONOMIC RESTRUCTURING Current number of businesses in the project area: _205_ Current number of employees in downtown: 1459 Retail Sales: _15_% up /down from previous quarter 2 up /down from previous year Explain any efforts made in assisting individuals or groups to obtain fmancing for an improvement project. none List efforts to provide other business assistance and education: Working to finalize a business packet with information about Downtown, local economic development statistics and services provided, suggestions for advertising, and information on storefront design. Give a synopsis of your efforts in market analysis and business recruitment. Summarize any other Economic Restructuring activities: In February we distributed a Customer Survey at our booth at the `Home Show'. Additional analysis of the survey needs to be done but the demographics and shopping habits of the Downtown customer, popped right out. To everyone's surprise, parking didn't seem to be as much of a problem for the customer as we hear it is, from business owners. We have begun development of a `business owner' survey. In the past our owner survey was combined with the building inventory and did not really touch on the issues brought forward in the workbook we are now following Downtown Market Analysis and Business Recruitment Made Easy. When the new `owner' survey is delivered we will also update the building information as rents are changing and there has been a change of ownership in 18 properties. Continue to assist in showing property to prospective new businesses, provided information on rental costs, and we have located property for relocation of business to provide an opportunity to purchase properties. Storefront vacant space remains less than 2% of the total available space. COMMENTARY Critical local issues, problems, and successes: Our biggest success was the change of design in the `International Gateway Project'. For over 4 years the project was always referred to as the `base camp' and accordingly the chalet type structures kept appearing in conceptual drawings. Having the first drafts of the Downtown Streetscape Design and the additions to the Design Guidelines definitely brought us a `Downtown' design in the final design phase. Goals and challenges of upcoming projects: The City received 2 proposals for a Conference center and one project has won approval of the `review committee' and the hotel/motel tax committee. The first choice of the Committee and the Council, to proceed with the `due diligence' phase, and the drawings published were a `boilerplate' four story hotel that could appear in any community. We talked with the developer and provided some suggestions of a more maritime -type structure or structures (wharf style buildings). The second set of drawings contained a more original style and these drawings were unveiled at a design workshop, presented by the developer, and many maritime and Downtown elements were suggested by those in attendance including some from our Design Committee. Because of the time restraint on the due diligence phase, final design has been placed on hold until he receives a response from the `Review Committee' and the Council. Recently, we were again contacted by the developer and if all goes well with the City he will meet with the Committee in about 3 weeks to share ideas on the design. Interesting stories, information, and discoveries to relate: Suggestions for state program services, training needs, questions, comments: 1051 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360- 457 -9614 Fax 360 457 -9614 Email pada @olypen com PORT ANGELES ASSOCIATION August 16, 2002 Timothy Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Dear Timothy: The Port Angeles Downtown Association is pleased to submit the Program Manager's Quarterly Report for Washington State Downtown Revitalization Services Partner Cities. This report covers the second quarter of 2002. Statistics for the second quarter include: 4 New businesses 1 Relocation within Central Business District 1 Relocation into Central Business District 1 Business expansion 3 Businesses failure /relocations out of CBD 4 Interior /exterior renovation projects 289,600 Total Private Investment for quarter 000 Public Investment for quarter If there are any questions concerning this report or if additional information is required, please contact me at 360 457 -9614. Yours sincerely, Arla Holzschuh Executive Director encls. Oi r» JJJYr73t iJ to aevtC? GLHGC jromote -GC iteg tGt� ax a f jr leroitu' 25ounti -ttiw 1051/2 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360 457 -9614 Fax' 360- 457 -9614 Email pada @olypen com PORT ANGELES lr l.- ASSOCIATION August 16, 2002 Timothy Smith Economic Development Director City of Port Angeles PO.Box 1150 Port Angeles, WA 98362 INVOICE Contract with City of Port Angeles Second quarter 2002 Manager's report April 1 June 30, 2002 Thank You supeeicoof 123 �►�a $4375.00 Oxr masslOn ar to deve)y and)rax ote a keal4 and rr jero u l vwntvwn The local Downtown Revitalization program manager must submit a quarterly report to the state program by the 10 of January, April, July, and October for the previous three months. This is required for the community to maintain status as a Washington State Tier System Associate or Partner -level city. The manager should attach two copies of materials that further profile activities that the local program has accomplished during the reporting period. Manageress' s Name: f L. S e U City: PO Q'r (rE L 6 S Current date:? Q- Da. Months year that this report covers: AARti rn(}y av16 2OO. ORGANIZATION Please give a synopsis of the status of your downtown organization, and of any related organizational matters: The Association has begun developing a `Five Year Plan' prior to requesting an increase in the PBIA assessment. This will help us develop the amount of assessment increase needed to be certain that projects will be funded. If any board members have changed, please provide an update for our mail/phone list (name, address, phone): none WASHINGTON STATE DOWNTOWN REVITALIZATION SERVICES LOCAL PROGRAM MANAGER'S QUARTERLY REPORT Current number of board members: 13 Current number of standing committee members: Organization: 13 Promotion: 7 Design: 6 Economic Restructuring 6 Other Parking) 5 Other Art on the Town) 6 Other (Membership) 5 Current number of other volunteers: 5 Number of volunteer hours dedicated to program activity support this quarter: 388 New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer applications, grant proposals, reports to city council, brochures, etc.): Draft of the new membership brochure is complete and we have hired a graphic artist to get it camera ready. This is a major step as we have always done everything `in house' and it just consumes the manager's time. The Board had added a second meeting a month to focus on issues that will heavily impact the future of Downtown but we are now using this only when really necessary. Describe recent outreach activities conducted to build relationships with other organizations (presentations, meetings, correspondence, joint projects): The Association's year long effort to bring a farmers' market Downtown has paid off. The newly formed Port Angeles Farmers' Market opened on June 19 to the delight of over 1000 people. The market is on Wednesday's from 4 to 7PM and a few of the surrounding businesses are staying open until 7PM. The market is primarily produce with a cooking demonstration, using products from the market. Downtown restaurants do the demonstrations. After 4 weeks the market continues to average over a thousand people each week. The Chamber of Commerce has moved their Thursday evening Concert at the Pier to Wednesday night which is an additional draw and a lot of people come to the market and then attend the Concert. It's working very well. Presented information about the Association and the Main StreetTM program to the Port Angeles Business Association and provided information about membership and the PBIA. Working with the Exchange Club to expand the flag program. Continue to attend and participate in Downtown Forward. Downtown Forward is now preparing to change focus to all of the City and have the Association `do' Downtown. We will continue to participate as the City begins to take those things that work for Downtown, such as facade improvement grants, out to other business and building owners in the city. PROMOTION Give a synopsis of promotional activities just completed. Include name of event or activity, total cost, source(s) of funds, a short description of the event or activity, and an evaluation of its success: A. Inside /Outside Sale A sidewalk sale by a different name with clowns giving out balloons and doing face painting, ice cream cart sales, and hot dogs and a pop for one dollar. Sales were up slightly over last year. Cost: $475.00 B. The Committee decided to go with a suggestion by the newspaper that rather than do the double -truck ad as in the past we develop a magazine (tabloid). The tab will be published every other month and started in May. The comments have been very rewarding, with calls from people in the community thanking us for the information particularly the parking map. The newspaper provided us an extra 5,000 copies for the businesses and the ferries. For the first issue we paid $500 for the map and an additional $500 to offset the special ad rate given to businesses who advertise in every issue this year. It provides a 50% reduction on 3 of the 4 ads with change of copy for each issue. Over 50 businesses signed on for all 4 issues whereas the double -truck piece generally had about 40 ads mostly 2 to 4 column inches. Highlight other promotional activities in the planning stage, include dates if known: The Committee has worked on the advertising for the next sidewalk sale, Merchants in Action. This coincides with the Nor' Wester Rotary's Arts in Action, this year hoping to break the world's record in a sand sculpture of 30 feet in height. Summarize new promotional materials (newsletters, brochures, logos): The Association's spring newsletter, Downtown Happenings, was distributed in April. The next will be in August as the magazine tab will be published in July. List key media contacts, press releases, interviews, and articles done during the reporting period: We provide the list of all the new businesses Downtown and those that are opening in the near future to a DESIGN writer for the newspaper and she acquires the information she needs from the businesses. We continue to write and produce the radio spots, Downtown Minute, featuring business updates, the number of storefront improvements, and activities in Downtown and program information. Have there been any public improvements completed in the past two months that affect the downtown revitalization program (List source(s) of funding and total cost of each project): none Describe any other current design activities (sign changes, ordinances, design review, workshops, contests, historic district formation, building surveys, clean-up days, etc.): Another false facade is being removed from one of the largest buildings Downtown. Covered on the upper level with metal and an assortment of rock, brick, and wood on the storefronts the owner has removed about one half of the metal and the building is concrete stucco and is in pretty good shape. The Family Shoe Store no longer has any metal on the storefront, the new glass is in, and it will be painted in July. The hanging flower baskets for storefronts has been somewhat successful with 22 baskets ordered. The City has re -written much of the sign ordinance including changing a couple of things in the Downtown Sign Ordinance and we are not pleased with what is being proposed. We will be attending the Council meeting in July to resolve some issues. ECONOMIC RESTRUCTURING Current number of businesses in the project area: 209_ Current number of employees in downtown: 1469 Retail Sales: 2_% up /down from previous quarter 4 up /down from previous year Explain any efforts made in assisting individuals or groups to obtain fmancing for an improvement project. List efforts to provide other business assistance and education: Give a synopsis of your efforts in market analysis and business recruitment. Summarize any other Economic Restructuring activities: We have begun development of a `business owner' survey. In the past our owner survey was combined with the building inventory and did not really touch on the issues brought forward in the workbook we are now following Downtown Market Analysis and Business Recruitment Made Easy. Continue to assist in showing property to prospective new businesses, provided information on rental costs, and we have located property for relocation of business to provide an opportunity to purchase properties. Storefront vacant space remains less than 2% of the total available space. COMMENTARY Critical local issues, problems, and successes: The International Gateway Project is proceeding with design but the property acquisitions are taking longer than anticipated. Possible start date is now November or December. Goals and challenges of upcoming projects: The proposed conference center is continuing to make progress but the proposed design of the structure is nothing that fits into this community including the height. Interesting stories, information, and discoveries to relate: Suggestions for state program services, training needs, questions, comments: 1051 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360 457 -9614 Fax 360 457 -9614 Email pada @olypen com PORT ANGELES ASSOCIATION July 31, 2003 Tim Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Contract with City of Port Angeles First quarter 2003 January to March Main Street Manager's report enclosed Thank you. CODE 4 1— X03.1511 SS'?• ASV APPROVAL-1.) ato I INVOICE &C.ICLf Tb'Q. Vojiz1. �I IBS $4375.00 Our 711.11110X to .d jrs te- a kealtit,,y ax d jry eraxs 2S owx.te wx. 5. Board of Directors 2003 Rudy Hrener President Bay Variety 457 -5200 Kristin Tucker Vice President K Tucker Accounting 452 -9749 Barbara Fredenck Secretary Individual Member 452 -2998 Janice Harbick Treasurer Five SeaSuns 452 -8248 Roy Gotham Past President The Toggery 457 -4303 John Brewer Director Peninsula Daily News 417 -3500 Evan Brown Director Brown's Outdoor 457 -4150 Mary Gotham Director The Toggery 457 -4303 Marlene Hulett Director Regence Blue Shield 417 -8308 Eileen Knight Director Bergsma Showroom 452 -5080 Charles Smith Director Lmdberg and Srmth 452 -6116 Laune Szczepczynski Director First Federal Savings 417 -3222 Kevin Thompson Director Family Shoe Store 452 -3741 Staff Arla Holzschuh 457 -9614 105 East First Street PO Box 582 Port Angeles, WA 98362 Phone. 360- 457 -9614 Fax 360 457 -9614 Email pada @olypen com PORT ANGELES ASSOCIATION July 31, 2003 Timothy Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Dear Timothy: The Port Angeles Downtown Association is pleased to submit theProgram Manager's Quarterly Report for Washington State Downtown Revitalization Services Partner Cities. This report covers the first quarter of 2003. Statistics for the first quarter include: 7 New businesses 2 Relocations within Central Business District 0 Relocation into Central Business District 1 Business expansion 4 Businesses failure /relocations out of CBD 13 Interior /exterior renovation projects 135,600 Total Private Investment for quarter 0 Public Investment for quarter 135,600 Total Private Investment for the year, 2003. If there are any questions concerning this report or if additional information is required, please contact me at 360 457 -9614. Yours sincerely, Aria Holzschuh Executive Director Our» w eex. ar to delAel j Gott rOmvtt GL dtCGtitt4 g4}-rogrerogr 23ound own WASHINGTON STATE DOWNTOWN REVITALIZATION SERVICES LOCAL PROGRAM MANAGER'S QUARTERLY REPORT The local Downtown Revitalization program manager must submit a quarterly report to the state program by the 10 of January, April, July, and October for the previous three months. This is required for the community to maintain status as a Washington State Tier System Associate or Partner -level city. The manager should attach two copies of materials that further profile activities that the local program has accomplished during the reporting period. Manageress's Name: H LA +-Vo LZ S (_t4-O4-1 City: Pb M4 T P4n(6} -E L E S Current dateQJ -OR -O3 Months year that this report covers:A g, B AR act ORGANIZATION Please give a synopsis of the status of your downtown organization, and of any related organizational matters: Elections for new Officer's took place at the Board meeting in January. President Rudy Hiener; Vice President Kristin Tucker; Treasurer Jan Harbick; Secretary Barbara Frederick. The Past President is Roy Gotham. The Annual Meeting, `Hot Dogs and Champagne' was held the end of January. The organization presented its `Partner Award' to the Parking Enforcement Officer for her dedicated work in Downtown. The `Spirit Award was presented to Bob Harbick of `Art on the Town'. This award is presented to any member of the Association or Committee member who shows an exemplary contribution to the Association's Main StreetTM program. Bob is always available to lend a hand or to rescue us from a dilemma Both of these awards may be awarded only once to an individual recipient. The Design Committee presented 14 `Excellence in Design' Awards. If any board members have changed, please provide an update for our mail/phone list (name, address, phone): List of all Board members with Officer positions is enclosed. The three new Board members for 2003 are Evan Brown Brown's Outdoor, Barbara Frederick Individual Member, and Kevin Thompson Family Shoe Store. Current number of board members: 13 Current number of standing committee members: Organization: 13 Promotion: 8 Design: 5 Economic Restructuring 5 Other Parking) 7 Other( Art on the Town) 5 Other (Membership) 5 Current number of other volunteers: 4_ Number of volunteer hours dedicated to program activity support this quarter: 446__ New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer WASHINGTON STATE DOWNTOWN REVITALIZATION SERVICES LOCAL PROGRAM MANAGER'S QUARTERLY REPORT The local Downtown Revitalization program manager must submit a quarterly report to the state program by the 10 of January, April, July, and October for the previous three months. This is required for the community to maintain status as a Washington State Tier System Associate or Partner -level city. The manager should attach two copies of materials that further profile activities that the local program has accomplished during the reporting period. Manageress's Name: IQ g e 40/2.-SC City: Fb a T ni G 1, t` S Current date:1'1- Oct-(i Months year that this report covers: ORGANIZATION I. 11 L Please give a synopsis of the status of your downtown organization, and of any related organizational matters: The Board is developing a strategy for requesting an increase in the Parking Business Improvement Area (PBIA) assessment that has remained the same since 1990. Originally the request was to go to the City in April, 2002 but the City asked us to hold on the 25% increase request until the Gateway project was further her along and the City felt it would need PBIA funds to help with additional Gateway costs. The current request will be for a 50% increase for 2004, and an additional 25% increase in each of the following 2 years. To facilitate this request, the City has offered to change the billing of once a year (with interest added after the first 30 days of non- payment) to monthly or quarterly, whatever the membership fells will help them meet the increase. In April, we had an advisory vote at a General Meeting and the vote was unanimous to increase the assessment. We will present the new strategy and proposed increase to the membership in late July. If any board members have changed, please provide an update for our mail/phone list (name, address, phone): none Current number of board members: 13 Current number of standing committee members: Organization: 13 Promotion: -9- Design: 5 Economic Restructuring 6 Other Parking) 7 Other Art on the Town) 5 Other (Membership) 5 Current number of other volunteers: 6 Number of volunteer hours dedicated to program activity support this quarter: 692 New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer applications, grant proposals, reports to city council, brochures, etc.): J We are beginning development of the Workplan for 2004. A possible conflict in our by -laws is being reviewed for possible action. Board of Directors 2003 Rudy 1 -hener President Bay Vanety 457-5200 Knstm Tucker Vice President K Tucker Accounting 452 -9749 Barbara Fredenck Secretary Individual Member 452 -2998 Jamce Harbick Treasurer Five Sea Suns 452 -8248 Roy Gotham Past President The Toggery 457 -4303 John Brewer Director Peninsula Daily News 417 -3500 Evan Brown Director Brown's Outdoor 457 -4150 Mary Gotham Director The Toggery 457 -4303 Marlene Hulett Director Regence Blue Shield 417 -8308 Eileen Knight Director Bergsma Showroom 452 -5080 Charles Smith Director Lindberg and Smith 452 -6116 Laune Szczepczynskr Director First Federal Savings 417 -3222 Kevin Thompson Director Family Shoe Store 452 -3741 Staff Arla Holzschuh 457 -9614 105 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360 457 -9614 Fax 360 457 -9614 Email pada @olypen com PORT ANGELES ASSOCIATION August 15, 2003 Timothy Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Dear Timothy: The Port Angeles Downtown Association is pleased to submit the Program Manager's Quarterly Report for Washington State Downtown Revitalization Services Partner Cities. This report covers the second quarter of 2003. Statistics for the second quarter include: 9 New businesses 0 Relocations within Central Business District 0 Relocation into Central Business District 0 Business expansion 5 Businesses failure /relocations out of CBD 9 Interior /exterior renovation projects 25,250 Total Private Investment for quarter 218,000 Public Investment for quarter 160,850 Total Private Investment for the year, 2003. If there are any questions concerning this report or if additional information is required, please contact me at 360 457 -9614. Yours sincerely, Aria Holzschuh Executive Director Our wr,rioA u tU Gtn` Ad otalirV»Wtc g it.e-u /tij GIN.Gtirl7 Cr71XJ' 25ol-t1KtvwK 1051/2 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360- 457 -9614 Fax. 360- 457 -9614 Email pada @olypen com PORT ANGELES KtORM ASSOCIATION August 15, 2003 Tim Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Contract with City of Port Angeles INVOICE BUDGET CODE'; (03- S DEPT /DIV' ROV At�, .S�L 5b DATE: Second quarter 2003 $4375.00 April to June Main Street Manager's report enclosed Thank you. Our riufrian if to develo) arcd rontote a ii.ea* auijry erauf 25vwx.tvwn 1051/2 East First Street PO Box 582 Port Angeles, WA 98362 Phone' 360- 457 -9614 Fax 360- 457 -9614 Email pada @olypen com ,PORT ANGELES ASSOCIATION July 5, 2004 Timothy Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Dear Timothy: The, Port Angeles Downtown Association is pleased to submit the Program Manager's Quarterly Report for Washington State Downtown Revitalization Services Partner Cities. This report covers the first quarter of 2004. Statistics for the first quarter include: 5 New businesses 3 Relocations within Central Business District 0 Relocation into Central Business District 3 Business expansion 3 Businesses failure /relocations out of CBD 3 Interior /exterior renovation projects 32,500 Total Private Investment for quarter 0 Public Investment for quarter fiODE D O Dew 32,500 Total Private Investment for the year, 2004. Two more buildings have changed ownership bringing the total sales to 23 of the 98 commercial buildings in Downtown since September 1997. If there are any questions concerning this report or if additional information is required, please contact me at 360 457 -9614. Yours sincerely, Arla Holzschuh Executive Director OICr Ruff tot If to aeYe GCNilfYh»Latr' GC ke6CLtky GL t jragf ert .r 15fmxtivwld 5.7 WASHINGTON STATE DOWNTOWN REVITALIZATION SERVICES LOCAL PROGRAM MANAGER'S QUARTERLY REPORT The local Downtown Revitalization program manager must submit a quarterly report to the state program by the 10 of January, April, July, and October for the previous three months. This is required for the community to maintain status as a Washington State Tier System Associate or Partner -level city. The manager should attach two copies of materials that further profile activities that the local program has accomplished during the reporting period. Manageress's Name: (14.1,A ('FOLZ SC I- -a-i City: (,LT 4M C, -LLE$ Current date: 0 I O'1 -1t' Months year that this report covers: A-44. fig. MAR zo ORGANIZATION Please give a synopsis of the status of your downtown organization, and of any related organizational matters: The 2004 Board of Directors met on January 14 and was installed at the Annual Meeting, January 28 Four new board members were elected in December for 1 year terms and 3 incumbent members were reelected for 3 year terms. In March, one new board member resigned his position as he had sold his business and opened a new business (a e-bay store) and felt he wouldn't be able to give enough of his time to the board position. Our bylaws require that a new member be chosen within 30 days and we have sent out nomination forms and the new member will be voted on at our board meeting on April 14 (Current Board list is attached). *The new Executive Committee was voted for at the first January meeting. President Kristin Tucker, Vice President Janice Harbick, Treasurer Charles Smith, and Secretary Barbara Frederick. If any board members have changed, please provide an update for our mail/phone list (name, address, phone): Nev members are: Jack Harmon, Victoria Express, 115 East Railroad PA, (360) 452 -8088 Sandy Long, itty bitty BUZZ, 110 East First PA, (360) 565 -8080 Terry Roth, North West Duty Free, 115 East Railroad PA, (360) 452 -8556 4 position is currently vacant will update following April meeting. Current number of board members: 12 Current number of standing committee members: Organization: 12 Promotion: 5 Design: 5 Economic Restructuring 5 Other Parking) 7 Other Art on the Town) 5 Other (Membership) 5 Current number of other volunteers: 12 Number of volunteer hours dedicated to program activity support this quarter: 362 New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer applications, grant proposals, reports to city council, brochures, etc.): Completed Workplan and Activity sheets for 2004. Our policies and bylaws have been deemed confusing and we will take another look at bringing the bylaws more into line with the Main Street"' program. Completing the re- writing of the Historical Walking Tour A new Art on the Town brochure, with photos, is ready for the new sculptures for the 2004/2005 show. Final selection of new art pieces will be April 16` Describe recent outreach activities conducted to build relationships with other organizations (presentations, meetings, correspondence, joint projects): Manager did a presentation to the Olympic Kiwanis Club focused primarily on the building changes and our work with the City involving picking up parts of public projects. The Past President and the Manager are on the Port Angeles Forward Executive Committee that is currently working on beautifying parts of the entrance/exit corridors. This project was somewhat of a `challenge' from the Association that we're working on these types of projects in Downtown and someone needed to work on the rest of the community's business areas. We had suggested beginning with the 3 corridors of Highway 101 and now parking strips are being dug up, water lines and sprinklers are been installed and a planting/concrete strip has been designed. We are working with the Farmers' Market on promotions that can be held on weekends at the market. The first event is Easter Saturday. We are working with the Red Lion Hotel to welcome conferences that come into the city. PROMOTION Give a synopsis of promotional activities just completed. Include name of event or activity, total cost, source(s) of funds, a short description of the event or activity, and an evaluation of its success: A. In February we held our annual Customer Appreciation Week. The week prior to Valentine's Day businesses offer refreshments and a drawing, on Valentine's Day, for a S25 Downtown Dollar check. Advertising costs for ads listing participants and winners totaled S1050 paid for by participating businesses and the Downtown Dollars were also paid for by participants. B The committee worked with Art on the Town to do a presentation at the Home Show, which is actually more like a trade show. We have participated in this major community event for the past 6 years. The Promotion group did a presentation board of past event photos surrounding a 2' x 3' enlargement of our 2004 Events Calendar. Members gave out copies of the calendar, the business directory, and the latest Main Street"' magazine. Art on the Town had a presentation board of all the sculptures in the Downtown and numbered the pieces available for selection of Community Choice. They provided the corresponding Art on the Town Walking Tour Guide with ballots and over 300 people voted for their favorites. We also had a drawing for a Downtown Dollars check and more than 600 people signed up for a chance at the drawing, twice the number of any of the previous years. Cost was $320 and the community seemed very appreciative of our participating in the event. Highlight other promotional activities in the planning stage, include dates if known: The committee is working with The Farmers' Market to have part of the Easter event at the Market. Master Gardeners will be available with tips and ideas aml will answer questions on Plants and gardening. Also, there will be a dahlia bulb giveaway for kids 12 and under and a volunteer will once again stroll the sidewalks of Downtown as the Easter Bunny giving candy to children and adults. On Sunday, there will be a kite fly -in called `Ragtime' Co- sponsored by Pacific Rim Hobby there will be displays of all colors and shapes of kites and trick 'dte flying demonstrations. A raffle will be held to win a really big 7 foot box kite. Planned activities of a petting zoo were cancelled when the Health Department required the Market to provide more than 1 wash station. Cost to the Association is about $250 for candy and advertising. The Sidewalk Sale committee started work on the first sale to be held in Jime. Activities will include live music at the Fountain, some type of event by Pepsico, possibly sampling of new products and possibly a car show of `new' cars and face- painting and/or clowns. This is the earliest start on these events and the committee is more excited this year because of the participation and success of last years sales. Summanze new promotional materials (newsletters, brochures, logos). Completing the re- writing of the Historical Walking Tour List key media contacts, press releases, interviews, and articles done during the reporting period: DESIGN We continue to work with the Peninsula Daily News on the Main Street magazine The Peninsula Daily News provided information and attended the special presentation, by the City to Jim Mattern, one of our Art on the Town Artists. Have there been any public improvements completed in the past two months that affect the downtown revitalization program (List source(s) of funding and total cost of each project): none Describe any other current design activities (sign changes, ordinances, design review, workshops, contests, historic district formation, building surveys, clean-up days, etc.): The committee continues to work with businesses on facade improvements. At this time another `slipcover' is being removed from a building, actually two covers are being removed. The building, referred to as the Music City building, has lap siding painted white and when one corner of the wood was pulled a stucco front was found and chipping out a corner of the stucco, there appeared a beautiful reddish tone brick. The owner is having all the wood and stucco removed and says he will deal with any problems on the facade if and when he comes to them. This building has been an eyesore at the entrance to the Downtown and has been totally renovated on the interior. We are working with a number of businesses on projecting and window signage. The Design committee planned this year's Annual Meeting, Spuds and Suds. The food was a great hit with the members and we'll likely do this again. The committee presented awards for 5 categories of window displays and for 8 facade elements. The first year's `Front Door Image' award was presented and some gag gifts were given to a number of business owners and managers. The 11 `h annual `Clean Sweep' is scheduled for May 1'. Invitations were sent out last month to the community's organizations and to City employees and Council members. ECONOMIC RESTRUCTURING Current number of' businesses in the project area: 214_ Current number of employees in downtown: 1480 Retail Sales: Explain any efforts made in assisting individuals or groups to obtain financing for an improvement project. List efforts to provide other business assistance and education: We had been working with property owners on acquiring loans from the New Markets Tax Credits (NMTC's). At the deadline for review of requests, only two were going to be able to meet the completion date and one of those was questionable so they dropped out. Communication from the Main Street New Markets Tax Coordinator had become more sporadic with a number of unanswered questions and a conference call to Key Bank in Washington State to do the loans for the States Main Street communities. Unfortunately, this was not shared with us for over a week and both the Key Bank Manager and the Association were still working under the `Main Street' requests. We will be dropping the requests and work with Kay Bank, who's deadline for completion is December 31, 2004. There is a question, however, as to our eligibility as they do not have one of our projects listed in the census tract and will get back to us by the 15 of April as to whether any of our projects are in the 2000 census tract. Give a synopsis of your efforts in market analysis and business recruitment. Summarize any other Economic Restructuring activities: The purchase of the 22n building in the past 6 years has closed and received front page newspaper coverage, as it is considered to be the most derelict looking building in the PBIA. The new owner's plans are to restore the building and to make the building mixed use including a studio on the lower level for the world wide castings of restoration architectural pieces including corbels. Continue to assist in showing property to prospective new businesses and to provide information on rental costs. Storefront vacant space remains Less than 2% of the total available space. COMMENTARY 9% up /down from previous quarter 5% up /down from previous year Cntical local issues, problems, and successes: The plan for building a parking structure as part of the International Gateway project has likely ended due to the threat of two threatened lawsuits. It is expected that there will be a new proposal to put the structure in the next block west of the project but we expect some opposition to that from at least one ferry operator. Goals and challenges of upcoming projects: A new Parking Ordinance has been in the works for the past couple of years and now that there is a draft of it we have requested a meeting with the City to clarify the impact on the PBIA in the Downtown. The ordinance would encourage PBIA's to be formed elsewhere and increases the required distance of parking for a business and reduce the number of spaces required by most businesses. We have no problem with the proposed ordinance, in fact it comes close to meeting some of our requested changes in 1993, but it could impact the current PBIA and Parking Development and Management Plan approved by the City in 1998. *Interesting stories, information, and discoveries to relate: A=I IIIII war M 105 East First Street P.O. Box 582 Port Angeles, WA 98362 Phone 360- 457 -9614 Fax 360 457 -9614 Email pada @olypen com PORT ANGELES ASSOCIATION July 5, 2004 Tim Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Contract with City of Port Angeles INVOICE BUDGET CODE: /03 -/5//- Sa DEPT /DIV APPROVAL rte DATE: 7 —b' -0 First quarter 2004 $4375.00 January to March Main Street Manager's report enclosed Thank you. axr xuffivx If t de�elyt axdjrv»wte a It.ealt/y .diry ervxr 20wntawx. WASHINGTON STATE DOWNTOWN REVITALIZATION SERVICES LOCAL PROGRAM MANAGER'S QUARTERLY REPORT The local Downtown Revitalization program manager must submit a quarterly report to the state program by the 10 of January, April, July, and October for the previous three months. This is required for the community to maintain status as a Washington State Tier System Associate or Partner -level city. The manager should attach two copies of materials that further profile activities that the local program has accomplished during the reporting period. Manageress's Name: jakke fFOLZS C 4 t) City: _MAT f}- P(.0 Current dater(} -(p,- D4 Months year that this report covers. ORGANIZATION Please give a synopsis of the status of your downtown organization, and of any related organizational matters: The Association held 2 more membership meetings about the Parking Business Improvement Area (PBIA) assessment increase. In 5 meetings there has been no objection to doubling the assessment over a 3 year period. In August the City Council adopted a resolution to hold a public hearing about the assessment increase The public hearing on September 7` had one business speak in opposition (asked for an exemption from the tax because they have their own parking). The Council passed the request unanimously. On July 28 the Port Angeles Farmers' Market appeared before the Planning Commission regarding their request for a 4 year extension on their conditional use permit for the use of Laurel Street for the Saturday, year `round market. Our survey of the retail businesses and restaurants (street level businesses, open on Saturday) showed 86% in favor of the market being on Laurel Street and 92% favoring the market to stay m the downtown. Two of the 13 businesses located on Laurel Street opposed the market being on Laurel although they supported the market remaining in the downtown. The Planning Commission was uncomfortable with giving a 4 year extension with even one business opposed and voted for a one year extension to be reviewed in May, 2005. The Economic Restructuring Committee will work with 3 Board members from the market on meeting some of the objections of the few businesses and also work on a possible change m location. If any board members have changed, please provide an update for our mail/phone list (name, address, phone): none Current number of board members: 13 Current number of standing committee members: Organization: 14 Promotion: 5 Design: 6 Economic Restructuring 6 Other Parking) 7 Other Art on the Town) 5 Other (Membership) 5 Current number of other volunteers: 15 Number of volunteer hours dedicated to program activity support this quarter: 461 5 New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer applications, grant proposals, reports to city council, brochures, etc.): Continue to update our data base that now includes the PBIA list with assessment amount, a retail list, a total membership, a property owner list and a Board list. Describe recent outreach activities conducted to build relationships with other organizations (presentations, meetings, correspondence, joint projects): Manager did a presentation to the Port Angeles Kiwanis Club focused primarily on the Main Street program with emphasis on downtown's building changes and our work with the City involving picking up parts of public projects. The Past President and the Manager are on the Port Angeles Forward Executive Committee and are discussing with the Executive Committee the problem with lack of maintenance on trees, sidewalks, and streets. This committee is an advisory committee to the City and it is capable of exerting more pressure on the City's schedules and finances. We continue to work with the Red Lion Hotel to welcome conferences that come into the city. PROMOTION Give a synopsis of promotional activities just completed. Include name of event or activity, total cost, source(s) of funds, a short description of the event or activity, and an evaluation of its success: A. In July Downtown held its second Sidewalk Sale, Merchants in Action. This sale is combined with the special event, Arts in Action. For 35 years the event was held in the center of Downtown and always helped to produce the most successful sidewalk sale. The past couple of years, Arts in Action expanded to Sand Sculpture contests and to increase from 5 sculptures to 12 needed a larger area. While they stayed in the Downtown, the event moved to City Pier, on the far eastern edge of the Downtown. As a result people parked on the east side and walked and didn't spend much time in the core area particularly in the core area. We have begun plans for next year including Rotary providing `Sand Dollars' to spend Downtown for a discount on purchases with 75% of the value of the `Sand Dollar' being rebated to the business. Costs for the sidewalk event were: $250 advertising from the PADA and $542 paid by the participating businesses. Additionally, a number of businesses participated in a Banner Page at their cost with the newspaper providing the banner and color free of charge. B. Labor Day weekend was the last Sidewalk Sale of the season. This sale is for 5 days and provides the g clearance opportunity for businesses. The second and third sidewalk sales had added events and displa) different businesses including classes, demonstrations, and tasting. This was a very successful addition success of the Merchants in Action events there was a lot more participation at the Labor Day Sale. Co! from PADA and $542 from participating businesses. Highlight other promotional activities in the planning stage, include dates if known: The committee is working on the Halloween promotion Trick or Treat. Last year over 2000 children came Downtown to trick or treat at local businesses and we are providing plenty of notice that this year's event is on a Saturday and the numbers could be even higher. We also have a Pumpkin Decorating Contest where we give away sugar pumpkins at the Farmers' Market, the children decorate the pumpkins and return them to us the following week. The pumpkins are judged Summarize new promotional materials (newsletters, brochures, logos): Doing a single sheet of information, once or twice a month, called `Downtown Update. List key media contacts, press releases, interviews, and articles done during the reporting period: We continue to work with the Peninsula Daily News on the Main StreetTM magazine. DESIGN by age group and every child receives an award certificate. Free photos, 2 5x7's, of children in costume will be taken and they are picked up the following week. Both of these activities are designed to bring parents back Downtown during the week after Halloween, thereby having 2 opportunities for participating families to be in Downtown in one week. The final activity of the day is the Costume Contest with prizes from a sponsor awarded. Cost is about $200 to the PADA. This is always one of the most appreciated events. Plans are well underway for the holiday activities and events. The weekend before Thanksgiving, Downtown holds an Open House "North Pole Stroll All participating businesses receive 3 ft. candy canes for their windows to identify them as a participant. Businesses provide refreshments, door prizes, and other gifts and activities. Participants pay for the ads total cost $750. Thanksgiving weekend is our annual Community Tree Lighting with a visit from Santa and candy and a little gift for each child. This year we are working to add a lighted parade, small in numbers but it will be a beginning. Cost estimate is $1500 to $3000, depending on the cost of the parade, sound systems, and other rentals. Providing Press Release for our `Morning Mingle' General Meetings and Halloween activities. Have there been any public improvements completed in the past two months that affect the downtown revitalization program (List source(s) of funding and total cost of each project): none Describe any other current design activities (sign changes, ordinances, design review, workshops, contests, historic district formation, building surveys, clean-up days, etc.): The new Parking Ordinance has been approved with the changes we requested. Four storefront improvement projects are nearing completion. All projects exposed transom windows when the false facades (slip covers) were removed. The Design Committee provided design assistance for all four projects. The committee has sponsored window display contest in conjunction with special holidays and worked with Port Angeles Light Opera Association (PALOA) when they sponsored a window display contest for their production `Annie Get Your Gun'. Currently, design is working with PALOA on having PALOA do their own window display in a vacant storefront during the holidays. We are continuing with the ongoing clean up of Downtown storefronts and sidewalks through our project `Super Sleuth' or `Your Front Door'. We have hired the Olympic Kiwanis to put up our winter street tree lights. For two years we have worked with other organizations on this project and it has been very difficult to get good results. We offered them more money and a different time frame for the installation t ECONOMIC RESTRUCTURING Current number of businesses in the project area: 223_ Current number of employees in downtown: 1535 Retail Sales: 6% up /down from previous quarter 5% up /down from previous year Explain any efforts made in assisting individuals or groups to obtain financing for an improvement project List efforts to provide other business assistance and education: We are beginning meetings with the Farmers' Market following the Planning Commission meeting where the Market was made to fell `less than welcome' in the Downtown during testimony of a couple of Downtown businesses. The Market's immediate response was to contact other nearby cities to talk with them about having this market in their community The committee's planned `get together over morning coffee' may have to wait until November now that the regular committee meeting will be dealing with finding solutions to the dilemma of the future of the Farmers' Market in Downtown. Give a synopsis of your efforts in market analysis and business recruitment. Summarize any other Economic Restructuring activities: Twenty seven buildings have now changed ownership in the past 7 years. All of the owners have either already improved these buildings or continue to work with us on renovation and remodeling. Continue to assist in showing property to prospective new businesses and to provide information on rental costs. Storefront vacant space is just over 1% of the total available space. COMMENTARY Critical local issues, problems, and successes: The Gateway project continues to have its problems Transit is in the process of requesting condemnation of the properties that owners don't wish to sell (only the City has agreed to sell property for the project all private parties have not yet agreed to sell). As a result there are now threats of private property owners filing lawsuits against the City and Transit. One of those threats has caused the other parties in our agreement to request that we change our vote on the final design, approved in February, and agree to not build the parking structure. The Board has responded that we will not agree to that change in the final design. Goals and challenges of upcoming projects: Interesting stories, information, and discoveries to relate: 1051/2 East First Street PO Box 582 Port Angeles, WA 98362 Phone 360- 457 -9614 Fax 360- 457 -9614 Email pada @olypen corn PORT,ANGELES ASSOCIATION July 7,,2004 Timothy Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Dear Timothy: The Port Angeles Downtown Association is pleased to submit the Program Manager's Quarterly Report for Washington State Downtown Revitalization Services Partner Cities. This report covers the second quarter of 2004. Statistics for the second quarter include: 7 New businesses 0 Relocations within Central Business District 0 Relocation into Central Business District 0 Business expansion .1 Businesses failure /relocations out of CBD 10 Interior /exterior renovation projects 124,650 Total Private Investment for quarter 375,000 Public Investment for quarter 157,150 Total Private Investment for the year, 2003. Two more buildings have changed ownership bringing the total sales to 25 of the 98 commercial buildings in Downtown since September 1997. If there are any questions concerning this report or if additional information is required, please contact me at 360 457 -9614. Yours sincerely, <2.63kLiL Arla Holzschuh Executive Director O r wit 6i tv Gle'VCZy- arafr7JN4DtC" GC keg* ow/frog-crow 25d ttvw t 5.7 1 ORGANIZATION WASHINGTON STATE DOWNTOWN REVITALIZATION SERVICES LOCAL PROGRAM MANAGER'S QUARTERLY REPORT The local Downtown Revitalization program manager must submit a quarterly report to the state program by the 10 of January, Apn1, July, and October for the previous three months. Tlus is required for the community to maintain status as a Washington State Tier System Associate or Partner -level city The manager should attach two copies of matenals that further profile activities that the local program has accomplished during the reporting penod Manageress's Name. fl R I,, A t-2 14 J 4 City. 3R.r fl 6-E Current date C1 -05— 04 Months year that this report covers: f jk iii' iJr E Please give a synopsis of the status of your downtown organization, and of any related organizational matters Four nominations were received to fill the vacant board position Following a review of the applicant's information and request form, the board voted for a member of the Port Angeles Farmers' Market who has extensive non profit board experience Jelorma McClean, from the Fanners' Market, will complete the term vacated by another Farmers' Market member. The Board appointed Board member, Evan Brown, to attend and receive training and other information on the proposed new `Community Policing' beginning with Downtown The Association is working with the Department of Fish and Wildlife, for the second year, on the transfer and removal of seagulls from the Downtown area This year we have been able to withdraw our request for the removal of pigeons as last years concentrated effort has seen only a few birds return. The number of seagulls on rooftops this yearns about one -third of last years The Board has developed a questionnaire for all the businesses regarding the Farmers' Market's request for an additional 4 years on their conditional use permit for the Saturday market on Laurel Street Last year they received a permit for 5 years for the Wednesday market after successfully completing their probationary first year This year, a number of businesses are opposing the Market continuing on Laurel Street at any time All of the protesting businesses say they don't want the Market to leave Downtown Just leave the area in front of their businesses Even the Market's Rapid Assessment numbers of 1000 or more people attending the Markets each day through the spring, summer, and fall (2000 per week) has not made any difference to those businesses opposed Some Market members have said that if there is strong opposition they would Just as soon leave Downtown than be somewhere they are not wanted Board members will use the questionnaire as the foundation of their person to person chats with the business owners We do not want this to be seen as a survey If any board members have changed, please provide an update for our mail /phone list (name, address, phone) Jelorma McClean, Port Angeles Farmers' Market, PO Box 336, Port Angeles, WA 98362 (360) 457 -6186 Current number of board members 13 Current number of standing committee members Organization 13 Promotion 5 Design: 5 Economic Restructuring 5 Other Art on the Town) 5 Other (Membership) 5 Other Parking) 7 Current number of other volunteers: 19 Number of volunteer hours dedicated to program activity support this quarter: _409_ New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer applications, grant proposals, reports to city council, brochures, etc.): Updating and expanding our data base. We have established an email data base so we may communicate with our membership more quickly and less expensively. Currently, about one -third of the membership is receiving email contact and works very well for items such as vandalism alerts, counterfeit bills, bad checks etc. Describe recent outreach activities conducted to build relationships with other organizations (presentations, meetings, correspondence, joint projects): We have begun working with the North Olympic Visitors and Convention Bureau (NOPVCB) and the Port of Port Angeles to pursue cruise ships that are repositioning or have charters, to dock in Port Angeles In May we worked together for the arrival of the 1500 passenger ship ms Zaandam that brought a charter of people from across the US that had never been on a cruise. Having worked cruise ships in Aberdeen, our manager provided the information for us to provide the passengers an `experience' Downtown. We chartered a Transit bus and Transit donated 2 more busses, we developed a coupon and information packet that included Chamber of Commerce and VCB information about the area, our business directory and Art on the Town Tour, VIP badges that were placed on the passengers lapels as they disembarked, and lined the Downtown streets with hundreds of balloons. Businesses opened early and many had, in 4 hours, an increase of 150% to 450% over the same day last year The Port did a wonderful job and painting and cleaning up the dock area and VCB took care of the logistics for the arrival and helped us stuff over 1000 bags with information With such success we immediately started working on how to get other ships to stop here. One week later the sternwheeler Empress of the North, unable to dock in Victoria, made 2 stops in Port Angeles on its 11 day cruise up the Columbia before going to Alaska for the summer. It will do the same in September as it returns from Alaska We assisted the Exchange Club in their mailing and sent out a request for participation in their flag program where for $25 a year the Club will place a flag in front of a business on all national holidays. We worked with the North Olympic Marathon committee for the second annual run that brought 1500 runners to the City along with 1500 family members and marathon enthusiasts. We put welcoming posters in windows, and worked the sign up room for 10 man hours giving packets of business directories, Art Walk brochures and VIP badges. We are continuing to attend and participate in Port Angeles Forward which is working on redevelopment and improvement projects throughout the community The first parking strips of flowers and concrete walkways have been completed and now the bad areas are so pronounced that the City has announced `Port Angeles Proud' which encourages citizens to clean up their properties PROMOTION Give a synopsis of promotional activities just completed Include name of event or activity, total cost, source(s) of funds, a short description of the event or activity, and an evaluation of its success: A. Our Easter event began on Saturday with the Bunny walking around Downtown giving out candy, the Key Club doing face painting, and the Farmers' Market providing information about gardening and giving away dahlia bulbs to the first 100 people. On Sunday we held `Ragtime' a kite fly in with over 200 people showing up with kites even though there had not been even a slight breeze on Saturday but they waited patiently until we all had to admit that Mother Nature had not come through with our normal afternoon westerly wind. sidewalk sale of the year, Merchants in Action This sale coincides with the Rotary's Arts in Action. We do limited advertising for this event because of the publicity Labor Day weekend was the last sidewalk sale of the year. We hired 2 clowns to do face painting and give out balloons and provided the advertising (except for the Banner page). second provided for the Arts event. The event was about even in sales of the previous year. Cost: $400.00 B. In June, the merchants held their first sidewalk sale with a number of new events to add interest to the event Weaving demonstrations, cheese tasting, musical entertainment, and a Pepsi Company new product taste test for `Edge', were held each day. Unfortunately, the City, trying to get an early start on the installation of new street signals started the first day of the sale and total sales for the first 2 days were down substantially. The 3` day, however, was up enough to counteract the early sales and so the event ended up about even with last year Cost $850 plus the individually paid ads in the banner page Highlight other promotional activities in the planning stage, include dates if known. The committee is planning the second sidewalk sale of the year in conjunction with Rotary's `Arts in Action' `Merchants in Action' will, however, be going it alone this year as Rotary is moving to City Pier and is having buses transport people by bus to and from the parking lots. As a result, foot traffic will be reduced so the committee is expanding their list of activities in hopes of lunng people off the pier and the busses Plans have been started for this year's Halloween events and the Tree Lighting and Holiday Parade (hopefully lighted) Summarize new promotional materials (newsletters, brochures, logos): The committee is assisting in the funding of the new business directory that is actually being produced by the Economic Restructuring and Parking Committees. List key media contacts, press releases, interviews, and articles done during the reporting period• DESIGN We have started press releases about the Association's activities, Main StreetTM, and early information on upcoming events. Have there been any public improvements completed in the past two months that affect the downtown revitalization program (List source(s) of funding and total cost of each project) The City, as part of the Gateway project, has replaced the traffic signals throughout the Downtown. The signals were so old that the City could no longer get replacement parts. The new signals have `chirpers' and international walk and wait signals. Cost was $375,000 from State and local funds. Describe any other current design activities (sign changes, ordinances, design review, workshops, contests, historic district formation, building surveys, clean -up days, etc.): The committee held the annual `Clean Sweep' in May. Volunteers cleaned public areas and business and property owners worked on buildings and business areas. The committee continues to work with property owners on facade improvements. One property, recently purchased worked with the design team on a new awning, and 2 of the new businesses in that property worked with us on signage. The first business, in the fire damaged Elks building, worked with us on his new signage and his business will open the 1' of July. A building owner who we have been encouraging to improve his facade, for the past two years, has selected new colors and hired a contract to remove the false facade area to expose the transom windows. This change will also allow viewing from the exterior of the interior tin ceiling. A second business recently bought the building he occupies and will work with us on facade paint improvement and awnings for the 1930's building. This building is one of the remaining buildings that is in the worst shape in appearance and condition including a partially missing roof that has been covered with a tarp for 2 years. We continue to provide articles for the Main StreetTM Magazine on Design and Art on the Town The Art on the Town Committee is currently installing the art for the 6 Art on the Town show This year we have mostly bronze pieces with one selection being 2 7 foot by 18" `Elwah' salmon. We also have a stainless steel piece by the artist who made the sculpture for the Pearl Harbor memorial in 1996. To date over $200,000 in artwork from Art on the Town has been donated or purchased and given to the City. ECONOMIC RESTRUCTURING Current number of businesses in the project area: _220_ Current number of employees in downtown: 1501 Retail Sales. 10 up /down from previous quarter 5 up /down from previous year Explain any efforts made in assisting individuals or groups to obtain financing for an improvement project List efforts to provide other business assistance and education. We had worked with as many as 5 property owners on the New Market's Tax Credit money only to learn in April that the census tract where Downtown is located, as of the 2000 census, no longer qualifies for the credits This is good news but it was difficult to give up the opportunity those funs could have provided. Three of the property owners have gone ahead at a slower pace and the 4 the Elks building is being redone with the insurance money from the fire in December and the 5 is still for sale with two interested parties. t Three buildings have changed ownership in the past 3 months bringing the total number of buildings changing ownership in the past 7 years to twenty -five or one quarter of the Downtown commercial buildings. Give a synopsis of your efforts in market analysis and business recruitment. Summarize any other Economic Restructuring activities: We did a new.updated business directory as the 2 directory that was done in November 2003 was distributed much faster than the first. The directory include the parking map for Downtown Storefront vacant space is less than 2% of the total available space. COMMENTARY Critical local issues, problems, and successes: Goals and challenges of upcoming projects: Interesting stories, information, and discoveries to relate: Suggestions for state program services, training needs, questions, comments: 1051/2 East First Street PO Box 582 Port Angeles, WA 98362 Phone' 360- 457 -9614 Fax 360 457 -9614 Email: pada @olypen corn -PORT ANGELES ASSOCIATION July 7, 2004 Tim Smith Economic Development Director City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Contract with City of Port Angeles INVOICE BUDGET CODE /43 /5',,- Sk —5b DEPT /DIV APPROVAL cn DATE: Second quarter 2004 $4375.00 April to June Main Street Manager's report enclosed Thank you. O r 111.1fflOX. ar tv de-e and jrv»cvte a kealtk axdiry ervxs 25swx.tvwi. AGREEMENT THIS AGREEMENT is entered into this L A K- day of 1995, by and between the City of Port Angeles "City Angeles Downtown Association "PADA WHEREAS, the City is authorized by state law to render local social, cultural, recreational, educational, and governmental services and to engage in economic development activities; and WHEREAS, as the commercial hub of Port Angeles, the downtown area is vital to the economic health of the City; and WHEREAS, City government derives sales tax revenues from downtown businesses, which revenues would be enhanced by efforts to strengthen and revitalize the downtown area; and WHEREAS, the City of Port Angeles and the Port Angeles Downtown Association have previously cooperated in various activi- ties for the purpose of maintaining and strengthening the existing economic base of downtown Port Angeles; and WHEREAS, City and PADA cooperative efforts have included the acquisition, development, maintenance and management of off street downtown parking lots, participation in the Washington State Main Street Program (MSP), the development, adoption and implementation of downtown sign regulations, downtown beautification projects, and other related activities; and WHEREAS, the City and the PADA find it necessary and desirable to enter into an agreement setting forth additional ways to further the mutual efforts to strengthen, rebuild, and revitalize the phy- sical, economic, social and cultural environment in downtown Port Angeles; NOW, THEREFORE, in consideration of the above representations and the promises and covenants set forth herein, the parties hereby agree as follows: 1. COMMUNICATION. In order to broaden community knowledge about and involvement in the efforts to revitalize downtown Port Angeles, the PADA will distribute a monthly newsletter to its membership and others in the community, and the City will provide bulk copying and mailing services subject to the discretion of the City Manager and consistent with the City's annual budget. Additionally, the City may utilize "message" capabilities on City utility bills to further broaden community knowledge and involve- ment regarding specific downtown revitalization issues, subject to the City Manager's approval. 6.'7 2. PROMOTION. The PADA will coordinate efforts at promoting and marketing downtown Port Angeles, and the City will facilitate such efforts by providing staff assistance for setup and cleanup of special events, which assistance will be provided on a case -by -case basis with adequate advance notice and availability and subject to the discretion of the City Manager and the appropriation of funds in the City's annual budget. The City will also underwrite costs (up to $750) associated with repeat printing of the Walking Tour brochure. 3. DESIGN. The PADA will coordinate and implement measures to improve the design qualities and physical appearance of downtown Port Angeles, including building facades, window displays, pedes- trian lighting, signage and all other elements that contribute to the visual message about downtown Port Angeles. The City will sup- port the PADA's efforts by providing funding (up to $1,750) to market a low interest facade restoration program, funding design assistance for property owners interested in upgrading buildings (up to $300 per property or business), and providing technical, clerical and support staff for the development of a downtown build- ing survey /inventory. The City's financial support shall be sub- ject to the appropriation of funds in the City's annual budget. 4. ECONOMIC RESTRUCTURING. Through the Main Street Program, the PADA will strive to help existing businesses expand and to recruit new businesses in order to enhance the competitiveness of the downtown commercial core. The City will support the PADA's efforts by continuing to improve the downtown infrastructure and continuing to place downtown projects as a high priority in the City's capital improvement plan. 5. PARKING MANAGEMENT. Pursuant to an existing agreement between the parties, the PADA will continue to manage the City owned, off street parking lots in the downtown area. The City will facilitate the PADA's parking lot management activities by assist- ing with parking lot cleaning and underwriting utility costs asso- ciated with downtown parking lot safety and restroom use, provided that the cost of such assistance shall be subject to the discretion of the City Manager and consistent with the City's annual budget. 6. "DOWNTOWN FORWARD" GRANT- FUNDED ACTIVITIES. The PADA will cooperate with the City in pursuing and implementing a "Downtown Forward" grant. Subject to approval of the Grantor (U.S. Forest Service), the grant will be used to fund a marketing survey /study of the downtown area, to provide technical, clerical and staff sup- port for the development of a downtown building survey /inventory, and to provide technical, clerical and staff support to develop a downtown business inventory /directory. 7. RELATIONSHIP. The relationship of the PADA and the City shall be that of independent contracting entities. The PADA will be responsible for its officers, members and employees, and the 2 City will be responsible for its officials and employees, while they are performing services pursuant to this agreement. 8. HOLD HARMLESS AND INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other party, its officers, employees and agents, from any and all claims, injuries, damages, losses or suits, including attorney's fees arising out of or in connection with the performance of this agreement. 9. TERM. The term of this agreement shall be from June 6, 1995 to April 30, 1996. IN WITNESS WHEREOF, the City and the PADA have executed this agreement to take effect on the date and year first written above. CITY OF PORT ANGELES Tit(e) �a A/ILb i a PADA A95 PORT ANGELES DOWNTOWN ASSOCIATION By -a-t... tk Coq BY Title 4, 4' %,Y ,79- ,D 4 s w A001 :11® CERTIFICATE OF LIABILITY INSURANCE PRODUCER INSURED COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SU ;H POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY I CLAIMS MADE X OCCUR Gellor Insurance, Inc. 214 East First (P.O. Box 2045) Port Angeles WA 98362 PORT ANGELES DOWNTOWN ASSOCIATION P. O. Box 582 Port Angeles WA 98362 TYPE OF INSURANCE OWNERS CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE OTHER E XCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY INCL EXCL DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESISPECIAL ITEMS EVIDENCE OF INSURANCE. CERTIFICATE HOLDER ACORD 25-S (1/95) CITY of PORT ANGELES Attn: CITY CLERK P. O. Box 1150 Port Angeles, WA 98362 POLICY NUMBER 01 -CC- 708646 -8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A AMERICAN STATES Insurance COMPANY B COMPANY C COMPANY D POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) 10/24/96 AUTHORIZED REPRESENTATIVE WENDY RIX DATE (MM/DD/YY) 10/24/97 GENERAL AGGREGATE I PRODUCTS COMP /OP AGG I PERSONAL ADV INJURY (EACH OCCURRENCE 1 FIRE DAMAGE (Any one fire) I MED EXP (Any one person) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) LIMB'S I$ i$ PROPERTY DAMAGE AUTO ONLY EA ACCIDENT I OTHER THAN AUTO ONLY I I$ EACH OCCURRENCE IS AGGREGATE I DRYSTMTT5 I IDB_ I EL EACH ACCIDENT I I EL DISEASE POLICY LIMIT I I EL DISEASE EA EMPLOYEE 1 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES J, DATE (MM/DD/YY) 05/05/97 500,000 500,000 500,000 500,000 50,000 5,000 AGREEMENT THIS AGREEMENT is entered into this '7 day of ,,/19 by and between the City of Port Angeles "City and the PdrlAngeles< Downtown Association( "PADA WHEREAS, the City is authorized by state law to render local social, cultural, recreational, educational and governmental services and to engage in economic development activities; and WHEREAS,as the commercial hub of Port Angeles. the downtown area is vital to the ecomonic health of the City; and WHEREAS,City government derives sales tax revenues from downtown businesses, which revenues would be enhanced by efforts to strengthen and revitalize the downtown area; and WHEREAS,the City of Port Angeles and the Port Angeles Downtown Association have previously cooperated in various activities for the purpose of maintaining and strengthening the existing economic base of downtown Port Angeles; and WHEREAS,City and PADA cooperative efforts have included the acquistion, development, maintainance and management to off street downtown parking lots, participation in the Washington State Main Street Program (MSP), the development, adoption and implementation of downtown sign regulations, downtown beautification projects, and other related activities;and WHEREAS,the City and the PADA find it necessary and desirable to enter into an agreement setting forth additional ways to further the mutual efforts to strengthen, rebuild, and revitalize the physical, economic, social, and cultural environment in downtown Port Angeles; NOW, THEREFORE, in consideration of the above representations and the promises and covenants set forth herein, the parties hereby agree as follows: 1 COMMUNICATION. In order to broaden community knowledge about involvement in the efforts to revitalize downtown Port Angeles, the PADA will distribute a quarterly newsletter to its membership and others in the community. The City may provide bulk copying and mailing services subject to the discretion of the City Manager and consistent with the City's annual budget. Additionally, the City may assist the PADA to utilize "message" capabilities on City utility bills to further broaden community knowledge and involvement regarding specific downtown revitalization issues, subject to City Manager's approval. 2. PROMOTION The PADA will coordinate efforts at promoting and marketing downtown Port Angeles. and the City will facilitate such efforts by providing staff assistance for setup and cleanup of special events, which assistance will be provided on a case -by -case basis with adequate advance notice and availability and subject to the discretion of the City Manager and the appropriation of funds in the City's annual budget The City will also underwrite costs (up to $750.) associated with repeat printing of the Walking Tour brochure. 3. DESIGN. The PADA will coordinate and implement measures to improve the design qualities and physical appearance of downtown Port Angeles, including building facades, window displays, pedestrian lighting, signage and all other elements that contribute to the visual message about downtown Port Angeles. The City will support the PADA's efforts by providing funding (up to $1,750) to market storefront design assistance and low interest facade restoration programs, funding design assistance for property owners interested in upgrading storefronts (up to $300 per property or business). The City's financial support shall be subject to appropriation of funds in the City's annual budget. 4. ECONOMIC RESTRUCTURING. Through the Main Street program, the PADA will encourage growth in existing businesses and will strive to recruit new businesses in order to enhance the competitiveness of the downtown commercial core. The city will support the PADA's efforts by continuing to improve the downtown infrastructure and continuing to place downtown projects as a high priority in the City's capital improvement plan, and is encouraged to provide technical, clerical and staff support for the development of a downtown building survey /inventory and downtown business inventory/directory. 5. PARKING MANAGEMENT. Pursuant to an existing agreement between the parties, the PADA will continue to manage the City owned, off street parking lots in the downtown area. The City will facilitate the PADA's parking lot management activities by assisting with parking lot cleaning and underwriting utility costs associated with downtown parking lot safety and restroom use, provided that the cost of such assistance shall be subject to the discretion of the City Manager and consistent with the City's annual budget. 6. RELATIONSHIP. The relationship of the PADA and the City shall be that of independent contracting entities. The PADA will be responsible for its officers, members, and employees, and the City will be responsible for its officials and employees, while they are performing services pursuant to this agreement. 7. HOLD HARMLESS AND INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other party, its officers, employees and agents, from any and all claims, injuries, damages, losses or suits, including attomey's fees arising out of or in connection with the performance of this agreement. 8 TERM. The term of this agreement shall be from May 1, 1996 to April 30, 1997. IN WITNESS WHEREOF, the City and the PADA have executed this agreement to take effect on the date and year first written above. CITY OF PORT ANGELES Title G 0,2� PORT ANGELES DOWNTOWN ASSOCIATION By SLY Title �,722e4-- AGREEMENT THIS AGREEMENT is entered into this g-day of ,k�tQ 1999, by and between the City of Port Angeles "City and he Port Ange fes`Downtown Association "PADA WHEREAS, the City is authorized by state law to render local social, cultural, recreational, educational, and governmental services and to engage in economic development activities; and WHEREAS, as the commercial hub of Port Angeles, the downtown area is vital to the economic health of the City; and WHEREAS, City government derives sales tax revenues from downtown businesses, which revenues would be enhanced by efforts to strengthen and revitalize the downtown area; and WHEREAS, the City of Port Angeles and the Port Angeles Downtown Association have previously cooperated in various activities for the purpose of maintaining and strengthening the existing economic base of downtown Port Angeles; and WHEREAS, City and PADA cooperative efforts have included the acquisition, development, maintenance and management of off street downtown parking lots, participation in the Washington State Main Street Program (MSP), the development, adoption and implementation of downtown sign regulations, downtown beautification projects, and other related activities; and WHEREAS, the City and the PADA find it necessary and desirable to enter into an agreement setting forth additional ways to further the mutual efforts to strengthen, rebuild, and revitalize the physical, economic, social and cultural environment in downtown Port Angeles; NOW, THEREFORE, in consideration of the above representations and the promises and covenants set forth herein, the parties hereby agree as follows: 1 ORGANIZATION AND COMMUNICATION. In order to broaden community knowledge and involvement in downtown and to further mutual efforts to strengthen, rebuild, and revitalize the downtown Port Angeles, the PADA will employ the services of a full -time executive director to manage the Port Angeles Main Street Program in accordance with the Washington State Main Street and National Main Street Programs, providing assistance in directing PADA organizational efforts, facilitating regularly scheduled meetings of the membership, coordinating activities, and the development and distribution of newsletters and other communication materials to the membership and others in the community, and the City will provide up to $4,200 in cash subject to the discretion of the City Manager and consistent with the City's annual budget. 2. PROMOTION. The PADA will coordinate efforts at promoting and marketing downtown Port Angeles, and the City will facilitate such efforts by providing up to $1,700 inkind services in the form of copying materials and services and staff assistance for setup and cleanup of special events, which services and assistance will be provided on a case by -case basis with adequate advance notice and availability and subject to the discretion of the City Manager and the appropriation of funds in the City's annual budget. 1 5.7 3. DESIGN. The PADA will coordinate and implement measures to improve the design qualities and physical appearance of downtown Port Angeles, including building facades, window displays, signage, public art and all other elements that contribute to the visual message about downtown Port Angeles. The City will support the PADA's efforts by providing 50% matching funds up to $1,800 to market and assist property owners interested in upgrading buildings (up to $300 per property or business). The City's financial support shall also be subject to the appropriation of funds in the City's annual budget and to receipt by the City of appropriate documentation that the projects will accomplish the purpose as stated herein. 4. ECONOMIC RESTRUCTURING. Through the Main Street Program, the PADA will assist expansion efforts of existing businesses and the recruitment and location of new businesses, in order to enhance the competitiveness of the downtown commercial core. The City will support the PADA's efforts by continuing to place downtown City projects as a high priority and will provide up to $1,000 toward the development and printing of downtown Port Angeles business recruitment and marketing materials. 5. PARKING MANAGEMENT. Pursuant to an existing agreement between the parties, the PADA will continue to manage the City- owned, off street parking lots in the downtown area, including landscape maintenance, pavement sweeping, insurance, seal coating and major asphalt repair. The City will facilitate the PADA's parking lot management activities by assisting with parking lot litter control, paint striping, minor asphalt repair, sign maintenance, weed control, wheelstop maintence, stairway repair maintenance, and utility service costs associated with downtown parking lot safety and restroom use, provided that the cost of such assistance shall not exceed $10,500 in the form of inkind services, subject to the discretion of the City Manager and consistent with the City's annual budget. 6. RELATIONSHIP. The relationship of the PADA and the City shall be that of independent contracting entities. The PADA will be responsible for its officers, members and employees, and the City will be responsible for its officials and employees, while they are performing services pursuant to this agreement. 7. HOLD HARMLESS AND INSURANCE. The PADA shall indemnify, defend, and hold harmless the City, its officers, employees and agents, from any and all claims, injuries, damages, losses or suits, including attorney's fees, arising out of or in connection with the performance of this agreement. The PADA shall provide a certificate of Insurance evidencing occurrence -based Commercial General Liability insurance with limits of no less than $1,000,000 combined single limit per occurrence, with the City shown as a named additional insured 8 TERM The term of this agreement shall be from January 1, 1999 to December 31, 1999 IN WITNESS WHEREOF, the City and the PADA have executed this agreement to take effect on the date and year first written above. CITY OF PORT ANGELES PORT ANGELES DOWNTOWN ASSOCIATION By B Title A_ Title 2 AGREEMENT THIS AGREEMENT is entered into this Jay of 2001, by and between the City of Port Angeles "City and the Port Angeles Downtown ciation "PADA WHEREAS, the City is authorized by state law to render local social, cultural, recreational, educational, and governmental services and to engage in economic development activities; and WHEREAS, as the commercial hub of Port Angeles, the downtown area is vital to the economic health of the City; and WHEREAS, City government derives sales tax revenues from downtown businesses, which revenues would be enhanced by efforts to strengthen and revitalize the downtown area; and WHEREAS, the City of Port Angeles and the Port Angeles Downtown Association have previously cooperated in various activities for the purpose of maintaining and strengthening the existing economic base of downtown Port Angeles; and WHEREAS, City and PADA cooperative efforts have included the acquisition, development, maintenance and management of off street downtown parking lots, participation in the Washington State Main Street Program, the development, adoption and implementation of downtown sign regulations, downtown beautification projects, and other related activities; and WHEREAS, the City and the PADA find it necessary and desirable to enter into an agreement setting forth additional ways to further the mutual efforts to strengthen, rebuild, and revitalize the physical, economic, social and cultural environment in downtown Port Angeles; NOW, THEREFORE, in consideration of the above representations and the promises and covenants set forth herein, the parties hereby agree as follows: 1. PERFORMANCE BY THE PADA. A. ORGANIZATION AND COMMUNICATION. In order to broaden community knowledge and involvement in downtown and to further mutual efforts to strengthen, rebuild, and revitalize the downtown Port Angeles, the PADA will employ the services of a full -time executive director to manage the Port Angeles Main Street Program in accordance with the Washington State Main Street and National Main Street Programs, providing assistance in directing PADA organizational efforts, facilitating regularly scheduled meetings of the membership, coordinating activities, and the development and distribution of newsletters and other communication materials to the membership and others in the community. B. PROMOTION. The PADA will coordinate efforts at promoting and marketing downtown Port Angeles, and the City will facilitate such efforts by providing inkind services in the form of staff assistance for setup and cleanup of special events, which services and assistance will be provided on a case -by -case basis with adequate advance notice and availability and subject to the discretion of the City Manager. C. DESIGN. The PADA will coordinate and implement measures to improve the design qualities and physical appearance of downtown Port Angeles, including building facades, window displays, signage, public art and all other elements that contribute to the visual message about downtown Port Angeles. The City will support the PADA's efforts by providing 50% matching funds to market and assist property owners interested in upgrading buildings (up to $300 per property or business). The City's financial support shall also be subject to the appropriation of funds in the City's annual budget and to receipt by the City of appropriate documentation that the projects will accomplish the purpose as stated herein. 1 .5. 7 D. ECONOMIC RESTRUCTURING. Through the Main Street Program, the PADA will assist expansion efforts of existing businesses and the recruitment and location of new businesses in order to enhance the competitiveness of the downtown commercial core. The City will support the PADA's efforts by continuing to place downtown City projects as a high priority. E. PARKING MANAGEMENT. Pursuant to an existing agreement between the parties, the PADA will continue to manage the City- owned, off street parking lots in the downtown area, including landscape maintenance, pavement sweeping, insurance, seal coating and major asphalt repair. The City will facilitate the PADA's parking lot management activities by assisting with parking lot litter control, paint striping, minor asphalt repair, sign maintenance, weed control, wheelstop maintenance, stairway maintenance, and utility service costs associated with downtown parking lot safety and restroom use, provided that the cost of such assistance shall not exceed $10,500 in the form of inkind services, subject to the discretion of the City Manager and consistent with the City's annual budget. F. REPORTING. The PADA shall maintain records and report to the City as follows: (1) The PADA shall maintain accounts and records that accurately reflect the revenues and costs for the activities under this Contract. These financial records, and all records related to the performance of this Contract, shall be available for City inspection. (2) The PADA shall provide the City with quarterly reports fully describing what work has been performed pursuant to this Contract, and including the Washington Downtown Revitalization Services Manaeers Ouarterlv Report as submitted to the State of Washington consistent with the Washington State Main Street Program. (3) The PADA shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. (4) The PADA shall provide the City with an annual budget. 2. PERFORMANCE BY THE CITY. A. For the services outlined under paragraphs 1 A 1E rendered by the PADA, the City will provide, by quarterly payments, the total amount of $15,000. B. Payment by the City shall be due upon receipt and acceptance by the City Manager of the PADA's quarterly report as required under paragraph 1F of this contract. The PADA will invoice the City for all quarterly payments. 3. RELATIONSHIP. The relationship of the PADA and the City shall be that of independent contracting entities. The PADA will be responsible for its officers, members and employees, and the City will be responsible for its officials and employees, while they are performing services pursuant to this agreement. 4. HOLD HARMLESS AND INSURANCE. The PADA shall indemnify, defend, and hold harmless the City, its officers, employees and agents, from any and all claims, injuries, damages, losses or suits, including attorney's fees arising out of or in connection with the performance of this agreement. The PADA shall provide a Certificate of Insurance evidencing occurrence -based Commercial General Liability insurance with limits of no less than $1,000,000 combined single limit per occurrence, with the City shown as a named additional insured. 2 5. TERM. The term of this agreement shall be from January 1, 2001 to December 31, 2001. IN WITNESS WHEREOF, the City and the PADA have executed this agreement to take effect on the date and year first written above. CITY OF PORT ANGELES By //J /;ti2 7 i Title `7/4 0 /2 d 7 F \AGREEMENTS &CONTRACTS\PADA -2001 PORT ANGELES DOWNTOWN ASSOCIATION By 44 1--04 4 -1 l ('1 Title fs. Dew r a AGREEMENT THIS AGREEMENT is entered into this of \j,p a. 2002, by and between the City of Port Angeles "City and the Port Angeles Downtown Association "PADA WHEREAS, the City is authorized by state law to render local social, cultural, recreational, educational, and governmental services and to engage in economic development activities; and WHEREAS, as the commercial hub of Port Angeles, the downtown area is vital to the economic health of the City; and WHEREAS, City government derives sales tax revenues from downtown businesses, which revenues would be enhanced by efforts to strengthen and revitalize the downtown area; and WHEREAS, the City of Port Angeles and the Port Angeles Downtown Association have previously cooperated in various activities for the purpose of maintaining and strengthening the existing economic base of downtown Port Angeles; and WHEREAS, City and PADA cooperative efforts have included the acquisition, development, maintenance and management of off street downtown parking lots, participation in the Washington State Main Street Program, the development, adoption and implementation of downtown sign regulations, downtown beautification projects, and other related activities; and WHEREAS, the City and the PADA find it necessary and desirable to enter into an agreement setting forth additional ways to further the mutual efforts to strengthen, rebuild, and revitalize the physical, economic, social and cultural environment in downtown Port Angeles; NOW, THEREFORE, in consideration of the above representations and the promises and covenants set forth herein, the parties hereby agree as follows: 1. PERFORMANCE BY THE PADA. A. ORGANIZATION AND COMMUNICATION. In order to broaden community knowledge and involvement in downtown and to further mutual efforts to strengthen, rebuild, and revitalize the downtown Port Angeles, the PADA will employ the services of a full -time executive director to manage the Port Angeles Main Street Program in accordance with the Washington State Main Street and National Main Street Programs, providing assistance in directing PADA organizational efforts, facilitating regularly scheduled meetings of the membership, coordinating activities, and the development and distribution of newsletters and other communication materials to the membership and others in the community. B. PROMOTION. The PADA will coordinate efforts at promoting and marketing downtown Port Angeles, and the City will facilitate such efforts by providing inkind services in the form of staff assistance for setup and cleanup of special events, which services and assistance will be provided on a case -by -case basis with adequate advance notice and availability and subject to the discretion of the City Manager. C. DESIGN. The PADA will coordinate and implement measures to improve the design qualities and physical appearance of downtown Port Angeles, including building facades, window displays, signage, public art and all other elements that contribute to the visual message about downtown Port Angeles. The City will support the PADA's efforts by providing 50% matching funds to market and assist property owners interested in upgrading buildings (up to $300 per property or business). The City's financial support shall also be subject to the appropriation of funds in the City's annual budget and to receipt by the City of appropriate documentation that the projects will accomplish the purpose as stated herein. 1 5.7 D. ECONOMIC RESTRUCTURING. Through the Main Street Program, the PADA will assist retention and expansion efforts of existing businesses and the recruitment and location of new businesses in order to enhance the competitiveness of the downtown commercial core. The City will support the PADA's efforts by continuing to place downtown City projects as a high priority. E. PARKING MANAGEMENT. Pursuant to an existing agreement between the parties, the PADA will continue to manage the City- owned, off street parking lots in the downtown area, including landscape maintenance, pavement sweeping, insurance, seal coating and major asphalt repair. The City will facilitate the PADA's parking lot management activities by assisting with parking lot litter control, paint striping, minor asphalt repair, sign maintenance, weed control, wheelstop maintenance, stairway maintenance, and utility service costs associated with downtown parking lot safety and restroom use, provided that the cost of such assistance shall not exceed $10,500 in the form of inkind services, subject to the discretion of the City Manager and consistent with the City's annual budget. F. REPORTING. The PADA shall maintain records and report to the City as follows: (1) The PADA shall maintain accounts and records that accurately reflect the revenues and costs for the activities under this Contract. These financial records, and all records related to the performance of this Contract, shall be available for City inspection. (2) The PADA shall provide the City with quarterly reports fully describing what work has been performed pursuant to this Contract, and including the Washington Downtown Revitalization Services Managers Ouarterlv Report as submitted to the State of Washington consistent with the Washington State Main Street Program. (3) The PADA shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. (4) The PADA shall provide the City with an annual budget. 2. PERFORMANCE BY THE CITY. A. For the services outlined under paragraphs 1 A 1 E rendered by the PADA, the City will provide, by quarterly payments, the total amount of $17,250. B. Payment by the City shall be due upon receipt and acceptance by the City Manager of the PADA's quarterly report as required under paragraph 1F of this contract. The PADA will invoice the City for all quarterly payments. 3. RELATIONSHIP. The relationship of the PADA and the City shall be that of independent contracting entities. The PADA will be responsible for its officers, members and employees, and the City will be responsible for its officials and employees, while they are performing services pursuant to this agreement. 4. HOLD HARMLESS AND INSURANCE. The PADA shall indemnify, defend, and hold harmless the City, its officers, employees and agents, from any and all claims, injuries, damages, losses or suits, including attorney's fees arising out of or in connection with the performance of this agreement. The PADA shall provide a Certificate of Insurance evidencing occurrence -based Commercial General Liability insurance with limits of no less than $1,000,000 combined single limit per occurrence, with the City shown as a named additional insured. 2 5. TERM. The term of this agreement shall be from January 1, 2002 to December 31, 2002. IN WITNESS WHEREOF, the City and the PADA have executed this agreement to take effect on the date and year first written above. CITY OF PORT ANGELES PORT ANGELES DOWNTOWN ASSOCIATION GLENN WIGGINS, MAYOR F \AGREEMENTS &CONTRACTSWADA -2002 wpd r By Title CITY OF PORT NGELES W A S H I N G T O N U.S.A. February 6, 2002 CITY MANAGER'S OFFICE Arla Holzschuh Executive Director Port Angeles Downtown Association P. 0. 582 Port Angeles, WA 98362 Re: Agreement between the City of Port Angeles and the Port Angeles Downtown Association Dear Arla, At its meeting of February 5, 2002, the Port Angeles City Council approved the 2002 agreement with the Port Angeles Downtown Association. Sincerely yours, Becky J. Upton, CMC City Clerk/Management Assistant Enclosure Enclosed are two (2) copies of the agreement. Please have both copies signed and return one fully executed copy to my attention. If I can be of any further assistance, please feel free to contact me. I can be reached at 417 -4634. 321 EAST FIFTH STREET P 0 BOX 1 150 PORT ANGELES, WA 98362 -0217 PHONE 360- 417 -4500 FAX 360- 417 -4509 TTY 360- 417-4645 E -MAIL: CITYMGR @CI.PORT ANGELES.WA.US s.'7 to AGREEMENT `d" THIS AGREEMENT is entered into this I ay of A a c o- 2003, by and between the City of Port Angeles "City and the Port Angeles Downtown Association "PADA WHEREAS, the City is authorized by state law to render local social, cultural, recreational, educational, and governmental services and to engage in economic development activities; and WHEREAS, as the commercial hub of Port Angeles, the downtown area is vital to the economic health of the City; and WHEREAS, City government derives sales tax revenues from downtown businesses, which revenues would be enhanced by efforts to strengthen and revitalize the downtown area; and WHEREAS, the City of Port Angeles and the Port Angeles Downtown Association have previously cooperated in various activities for the purpose of maintaining and strengthening the existing economic base of downtown Port Angeles; and WHEREAS, City and PADA cooperative efforts have included the acquisition, development, maintenance and management of off street downtown parking lots, participation in the Washington State Main Street Program, the development, adoption and implementation of downtown sign regulations, downtown beautification projects, and other related activities; and WHEREAS, the City and the PADA find it necessary and desirable to enter into an agreement setting forth additional ways to further the mutual efforts to strengthen, rebuild, and revitalize the physical, economic, social and cultural environment in downtown Port Angeles; NOW, THEREFORE, in consideration of the above representations and the promises and covenants set forth herein, the parties hereby agree as follows: 1. PERFORMANCE BY THE PADA. A. ORGANIZATION AND COMMUNICATION. In order to broaden community knowledge and involvement in downtown and to further mutual efforts to strengthen, rebuild, and revitalize the downtown Port Angeles, the PADA will employ the services of a full -time executive director to manage the Port Angeles Main Street Program in accordance with the Washington State Main Street and National Main Street Programs, providing assistance in directing PADA organizational efforts, facilitating regularly scheduled meetings of the membership, coordinating activities, and the development and distribution of newsletters and other communication materials to the membership and others in the community. B. PROMOTION. The PADA will coordinate efforts at promoting and marketing downtown Port Angeles, and the City will facilitate such efforts by providing inkind services in the form of staff assistance for setup and cleanup of special events, which services and assistance will be provided on a case -by -case basis with adequate advance notice and availability and subject to the discretion of the City Manager. C. DESIGN. The PADA will coordinate and implement measures to improve the design qualities and physical appearance of downtown Port Angeles, including building facades, window displays, signage, public art and all other elements that contribute to the visual message about downtown Port Angeles. The City will support the PADA's efforts by providing 50% matching funds to market and assist property owners interested in upgrading buildings (up to $300 per property or business). The City's financial support shall also be subject to the appropriation of funds in the City's annual budget and to receipt by the City of appropriate documentation that the projects will accomplish the purpose as stated herein. .5 D. ECONOMIC RESTRUCTURING. Through the Main Street Program, the PADA will assist retention and expansion efforts of existing businesses and the recruitment and location of new businesses in order to enhance the competitiveness of the downtown commercial core. The City will support the PADA's efforts by continuing to place downtown City projects as a high priority. E. PARKING MANAGEMENT. Pursuant to an existing agreement between the parties, the PADA will continue to manage the City- owned, off street parking lots in the downtown area, including landscape maintenance, pavement sweeping, insurance, seal coating and major asphalt repair. The City will facilitate the PADA's parking lot management activities by assisting with parking lot litter control, paint striping, minor asphalt repair, sign maintenance, weed control, wheelstop maintenance, stairway maintenance, and utility service costs associated with downtown parking lot safety and restroom use, provided that the cost of such assistance shall not exceed $10,500 in the form of inkind services, subject to the discretion of the City Manager and consistent with the City's annual budget. F. REPORTING. The PADA shall maintain records and report to the City as follows: (1) The PADA shall maintain accounts and records that accurately reflect the revenues and costs for the activities under this Contract. These financial records, and all records related to the performance of this Contract, shall be available for City inspection. (2) The PADA shall provide the City with quarterly reports fully describing what work has been performed pursuant to this Contract, and including the Washington Downtown Revitalization Services Managers Ouarterlv Report as submitted to the State of Washington consistent with the Washington State Main Street Program. (3) The PADA shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. (4) The PADA shall provide the City with an annual budget. 2. PERFORMANCE BY THE CITY. A. For the services outlined under paragraphs 1 A 1 E rendered by the PADA, the City will provide, by quarterly payments, the total amount of $17,250. B. Payment by the City shall be due upon receipt and acceptance by the City Manager of the PADA's quarterly report as required under paragraph 1F of this contract. The PADA will invoice the City for all quarterly payments. 3. RELATIONSHIP. The relationship of the PADA and the City shall be that of independent contracting entities. The PADA will be responsible for its officers, members and employees, and the City will be responsible for its officials and employees, while they are performing services pursuant to this agreement. 4. HOLD HARMLESS AND INSURANCE. The PADA shall indemnify, defend, and hold harmless the City, its officers, employees and agents, from any and all claims, injuries, damages, losses or suits, including attorney's fees arising out of or in connection with the performance of this agreement. The PADA shall provide a Certificate of Insurance evidencing occurrence -based Commercial General Liability insurance with limits of no less than $1,000,000 combined single limit per occurrence, with the City shown as a named additional insured. 5. TERM. The term of this agreement shall be from January 1, 2003 to December 31, 2003. 6. NON DISCRIMINATION. A. The Contractor shall conduct its business in a manner which assures fair, equal and non discriminatory treatment of all persons, without respect to race, creed or national origin, and, in particular: B. The Contractor shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and, C. The Contractor shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non- discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. IN WITNESS WHEREOF, the City and the PADA have executed this agreement to take effect on the date and year first written above. CITY OF PORT ANGELES By GLENN WIGGINS, MAYOR G Legal_ Backup \AGREEMENTS &CONTRACTS\PADA -2003 PORT ANGELES DOWNTOWN ASSOCIATION By Title leg:gigue-10Y 4869 CITY COUNCIL MEETING February 4, 2003 CONSENT AGENDA: (Cont'd) Break PUBLIC HEARINGS OTHER: Proposed Revision to Parking Ordinance Ordinance No. 3135 purpose of allowing local investors, through a managed structure, to invest in local companies. This would create a potential access to capital, and the idea was received quite favorably. Further discussion was held on the EDC's future action plans. Councilmember Rogers initiated a round of applause for Mr. Haguewood for his leadership and skills m moving the EDC forward. She pledged the City's continued support for Clallam Networks, and Councilman Campbell, in echoing Councilmember Rogers' remarks, noted the Economic Development Council has developed into a very effective organization with strong input to companies wishing to do business in Port Angeles. The industry clusters are producing synergies far beyond what was experienced in the past. Mr Haguewood expressed appreciation, but emphasized all efforts have been collaborative throughout the county. Economic Development Director Smith then directed attention to the Chamber of Commerce contract, where the amount for theVisitors Center remains the same as in past years. Funding for tourism programs in 2002 was $234,000; for 2003, the funding proposed is $217,145. When queried as the reason for the decrease, Russ Veenema, Chamber of Commerce Executive Director, approached the podium and explamed that the previous year's funding involved monies from reserve. At that time, it was acknowledged that reserve funds could not be used on a continual basis. Mr. Smith indicated that, under Mr. Veenema's leadership, there are efficiencies in economies because of the joint marketing efforts, all of which have proven very successful. Councilmember Rogers offered kudos to Mr. Veenema for his successes with the Chamber's efforts. Mr. Smith proceeded to a review of the contract with the Port Angeles Downtown Association, noting that the contract provides financial support to allow a contmuation of the Main Street Program, as well as parking lot management. Funding proposed for 2003 is the same as in 2002. He emphasized that, with all three of the groups, the frequent communications and team efforts have resulted in some very strong partnerships to the benefit of the community. Councilmember Rogers commended the Association's commitment to a strong downtown through the establishment of public and pnvate partnerships. Councilman Braun moved to accept the Consent Agenda, to include: 1) City Council minutes of regular Council Meeting of January 21, 2003, and special meeting of January 25, 2003, as corrected; 2.) Check Register January 29, 2003 $864,261.39; 3.) Electronic Payments January 24, 2003 $174,524.80; 4) 2003 Contract with Economic Development Council; 5.) 2003 Contract with the Chamber of Commerce; 6.) 2003 Contract with Port Angeles Downtown Association; and 7.) Accept Completion of Landfill Cell 3 Drainage Project 22 -29. The motion was seconded by Councilman Williams and carried unanimously. Mayor Wiggins recessed the meeting for a break at 6 50 p m. The meeting reconvened at 7:13 p.m. 1. MCA 01 02B: Proposed Revision to Parking Ordinance. Community Development Director Collins explained that the recommendation on parking revisions involves two different versions of the Ordinance Should the Council opt to delay action on the longer version following the public hearing, it is recommended that the shorter version be adopted in view of the fact there are major projects being undertaken in the City that are currently m the design phase. In order to proceed, the developers will need to know what the design requirements for parking will be. Director Collins indicated there had been a work session on the longer version being presented in the Council packet as Exhibit "A the Planning Commission had differing -4- 5. 7 PORTANGELE W A S H I N G T O N U.S.A. CITY MANAGER'S OFFICE February 5, 2003 Arla Holzschuh Executive Director Port Angeles Downtown Association P. O. 582 Port Angeles, WA 98362 Re: Agreement between the City of Port Angeles andthe Port Angeles Downtown Association Dear Arla, At its meeting of February 4, 2003, the Port Angeles City Council approved the 2003 agreement with the Port Angeles Downtown Association. Enclosed are two (2) copies of the agreement. Please sign both copies and return them to my attention at your earliest convenience. I will then obtain the Mayor's signature and return one fully executed copy to you for your files. If I can be of any further assistance, please feel free to contact me. I can be reached at 417 -4634. Sincerely yours, Becky J. Upto i, CMC City Clerk/Management Assistant Enclosure 321 EAST FIFTH STREET P 0 BOX 1 150 PORT ANGELES, WA 98362 -0217 PHONE 360 -417 -4500 0 FAX 360-417 -4509 TTY 360- 417 -4645 E -MAIL CITYMGR @CI PORT ANGELES WA US 5. '7 AGREEMENT THIS AGREEMENT is entered into this 8iit day of t'a 2004, by and between the City of Port Angeles "City and the Port Angeles Downtown Association "PADA WHEREAS, the City is authorized by state law to render local social, cultural, recreational, educational, and governmental services and to engage in economic development activities; and WHEREAS, as the commercial hub of Port Angeles, the downtown area is vital to the economic health of the City; and WHEREAS, City government derives sales tax revenues from downtown businesses, which revenues would be enhanced by efforts to strengthen and revitalize the downtown area; and WHEREAS, the City of Port Angeles and the Port Angeles Downtown Association have previously cooperated in various activities for the purpose of maintaining and strengthening the existing economic base of downtown Port Angeles; and WHEREAS, City and PADA cooperative efforts have included the acquisition, development, maintenance and management of off street downtown parking lots, participation in the Washington State Main Street Program, the development, adoption and implementation of downtown sign regulations, downtown beautification projects, and other related activities; and WHEREAS, the City and the PADA find it necessary and desirable to enter into an agreement setting forth additional ways to further the mutual efforts to strengthen, rebuild, and revitalize the physical, economic, social and cultural environment in downtown Port Angeles; NOW, THEREFORE, in consideration of the above representations and the promises and covenants set forth herein, the parties hereby agree as follows: 1. PERFORMANCE BY THE PADA. A. ORGANIZATION AND COMMUNICATION. In order to broaden community knowledge and involvement in downtown and to further mutual efforts to strengthen, rebuild, and revitalize the downtown Port Angeles, the PADA will employ the services of a full -time executive director to manage the Port Angeles Main Street Program in accordance with the Washington State Main Street and National Main Street Programs, providing assistance in directing PADA organizational efforts, facilitating regularly scheduled meetings of the membership, coordinating activities, and the development and distribution of newsletters and other communication materials to the membership and others in the community. B. PROMOTION. The PADA will coordinate efforts at promoting and marketing downtown Port Angeles, and the City will facilitate such efforts by providing inkind services in the form of staff assistance for setup and cleanup of special events, which services and assistance will be provided on a case -by -case basis with adequate advance notice and availability and subject to the discretion of the City Manager. C. DESIGN. The PADA will coordinate and implement measures to improve the design qualities and physical appearance of downtown Port Angeles, including building facades, window displays, signage, public art and all other elements that contribute to the visual message about downtown Port Angeles. The City will support the PADA's efforts by providing 50% matching funds to market and assist property owners interested in upgrading buildings (up to $300 per property or business). The City's financial support shall also be subject to the appropriation of funds in the City's annual budget and to receipt by the City of appropriate documentation that the projects will accomplish the purpose as stated herein. D. ECONOMIC RESTRUCTURING. Through the Main Street Program, the PADA will assist retention and expansion efforts of existing businesses and the recruitment and location of new businesses in order to enhance the competitiveness of the downtown commercial core. The City will support the PADA's efforts by continuing to place downtown City projects as a high priority. E. PARKING MANAGEMENT. Pursuant to an existing agreement between the parties, the PADA will continue to manage the City- owned, off street parking lots in the downtown area, including landscape maintenance, pavement sweeping, insurance, seal coating and major asphalt repair. The City will facilitate the PADA's parking lot management activities by assisting with parking lot litter control, paint striping, minor asphalt repair, sign maintenance, weed control, wheelstop maintenance, stairway maintenance, and utility service costs associated with downtown parking lot safety and restroom use, provided that the cost of such assistance shall not exceed $10,500 in the form of inkind services, subject to the discretion of the City Manager and consistent with the City's annual budget. F. REPORTING. The PADA shall maintain records and report to the City as follows: (1) The PADA shall maintain accounts and records that accurately reflect the revenues and costs for the activities under this Contract. These financial records, and all records related to the performance of this Contract, shall be available for City inspection. (2) The PADA shall provide the City with quarterly reports fully describing what work has been performed pursuant to this Contract, and including the Washington Downtown Revitalization Services Managers Ouarterlv Reoort as submitted to the State of Washington consistent with the Washington State Main Street Program. (3) The PADA shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. (4) The PADA shall provide the City with an annual budget. 2. PERFORMANCE BY THE CITY. A. For the services outlined under paragraphs 1A 1 E rendered by the PADA, the City will provide, by quarterly payments, the total amount of $17,250. B. Payment by the City shall be due upon receipt and acceptance by the City Manager of the PADA's quarterly report as required under paragraph 1F of this contract. The PADA will invoice the City for all quarterly payments. 3. RELATIONSHIP. The relationship of the PADA and the City shall be that of independent contracting entities. The PADA will be responsible for its officers, members and employees, and the City will be responsible for its officials and employees, while they are performing services pursuant to this agreement. 4. HOLD HARMLESS AND INSURANCE. The PADA shall indemnify, defend, and hold harmless the City, its officers, employees and agents, from any and all claims, injuries, damages, losses or suits, including attorney's fees arising out of or in connection with the performance of this agreement. The PADA shall provide a Certificate of Insurance evidencing occurrence -based Commercial General Liability insurance with limits of no less than $1,000,000 combined single limit per occurrence, with the City shown as a named additional insured. 2 5. TERM. The term of this agreement shall be from January 1, 2004 to December 31, 2004. 6. NON DISCRIMINATION. A. The Contractor shall conduct its business in a manner which assures fair, equal and non discriminatory treatment of all persons, without respect to race, creed or national origin, and, in particular: B. The Contractor shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and, C. The Contractor shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non- discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. 7. DISPUTE RESOLUTION. Any disputes related to this Agreement that are not resolved by agreement of the City Manager and the PADA's Executive Director shall be referred for determination by the City Council and the PADA Board of Directors. Any still unresolved disputes shall be referred to non binding mediation by a mutually acceptable mediator. Venue of any lawsuit related to this Agreement shall be in Clallam County, Washington. IN WITNESS WHEREOF, the City and the PADA have executed this agreement to take effect on the date and year first written above. CITY OF PORT ANGELES 1 By 4 RICHARD EADRICK, MAYOR G \Lcgal_Backup\AGREEMENTS &CONTRACTS \PADA -2004 wpd (February 2, 2004) PORT ANGELES DOWNTOWN ASSOCIATION By Title W A S H I N G T O N U: S...A. CITY MANAGER'S OFFICE February 4, -2004 Arla Holzschuh Executive, Director Port Angeles Downtown Association P. O. 'Box 582 Port Angeles, WA 98362 Re: Agreement between the City of Port Angeles and the Port Angeles Downtown Association Sincerely yours, Enclosures 5.7 As you know, at its meeting of February 3, 2004, the Port Angeles City Council approved the 2004 agreement with the Port Angeles Downtown Association. Ericlosedare two (2) copies of the agreement. Please,have both copies signed and return one fully executed copy,to my attention. If I can be of any further assistance, please feel free to contact me. I can be reached at 417 -4634. Becky J. Upton, CMC City Clerk/Management Assistant 321 EAST FIFTH STREET P 0 BOX 1 150 PORT ANGELES, WA 98362-0217 PHONE 360- 417 -4500 FAX 360 -417 -4509 TTY 360 -417 -4645 E -MAI• CITYMGR@a CI PORT ANGELES WA US Exhibit "A" AGREEMENT THIS AGREEMENT is entered into this .day of ,4 2004, by and between the City of Port Angeles "City and the Port Angeles Downtown Association "PADA WHEREAS, the City is authorized by state law to render local social, cultural, recreational, educational, and governmental services and to engage in economic development activities; and WHEREAS, as the commercial hub of Port Angeles, the downtown area is vital to the economic health of the City; and WHEREAS, City government derives sales tax revenues from downtown businesses, which revenues would be enhanced by efforts to strengthen and revitalize the downtown area; and WHEREAS, the City of Port Angeles and the Port Angeles Downtown Association have previously cooperated in various activities for the purpose of maintaining and strengthening the existing economic base of downtown Port Angeles; and WHEREAS, City and PADA cooperative efforts have included the acquisition, development, maintenance and management of off street downtown parking lots, participation in the Washington State Main Street Program, the development, adoption and implementation of downtown sign regulations, downtown beautification projects, and other related activities; and WHEREAS, the City and the PADA find it necessary and desirable to enter into an agreement setting forth additional ways to further the mutual efforts to strengthen, rebuild, and revitalize the physical, economic, social and cultural environment in downtown Port Angeles; NOW, THEREFORE, in consideration of the above representations and the promises and covenants set forth herein, the parties hereby agree as follows: 1. PERFORMANCE BY THE PADA. A. ORGANIZATION AND COMMUNICATION. In order to broaden community knowledge and involvement in downtown and to further mutual efforts to strengthen, rebuild, and revitalize the downtown Port Angeles, the PADA will employ the services of a full -time executive director to manage the Port Angeles Main Street Program in accordance with the Washington State Main Street and National Main Street Programs, providing assistance in directing PADA organizational efforts, facilitating regularly scheduled meetings of the membership, coordinating activities, and the development and distribution of newsletters and other communication materials to the membership and others in the community. B. PROMOTION. The PADA will coordinate efforts at promoting and marketing downtown Port Angeles, and the City will facilitate such efforts by providing inkind services in the form of staff assistance for setup and cleanup of special events, which services and assistance will be provided on a case -by -case basis with adequate advance notice and availability and subject to the discretion of the City Manager. C. DESIGN. The PADA will coordinate and implement measures to improve the design qualities and physical appearance of downtown Port Angeles, including building facades, window displays, signage, public art and all other elements that contribute to the visual message about downtown Port Angeles. The City will support the PADA's efforts by providing 50% matching funds to market and assist property owners interested in upgrading buildings (up to $300 per property or business). The City's financial support shall also be subject to the appropriation of funds in the City's annual budget and to receipt by the City of appropriate documentation that the projects will accomplish the purpose as stated herein. D. ECONOMIC RESTRUCTURING. Through the Main Street Program, the PADA will assist retention and expansion efforts of existing businesses and the recruitment and location of new businesses in order to enhance the competitiveness of the downtown commercial core. The City wi 11 support the PADA's efforts by continuing to place downtown City projects as a high priority. E. PARKING MANAGEMENT. Pursuant to an existing agreement between the parties, the PADA will continue to manage the City- owned, off street parking lots in the downtown area, including landscape maintenance, pavement sweeping, insurance, seal coating and major asphalt repair. The City will facilitate the PADA's parking lot management activities by assisting with parking lot litter control, paint striping, minor asphalt repair, sign maintenance, weed control, wheelstop maintenance, stairway maintenance, and utility service costs associated with downtown parking lot safety and restroom use, provided that the cost of such assistance shall not exceed $10,500 in the form of inkind services, subject to the discretion of the City Manager and consistent with the City's annual budget. F. REPORTING. The PADA shall maintain records and report to the City as follows: (1) The PADA shall maintain accounts and records that accurately reflect the revenues and costs for the activities under this Contract. These financial records, and all records related to the performance of this Contract, shall be available for City inspection. (2) The PADA shall provide the City with quarterly reports fully describing what work has been performed pursuant to this Contract, and including the Washington Downtown Revitalization Services Managers Ouarterlv Renort as submitted to the State of Washington consistent with the Washington State Main Street Program. (3) The PADA shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. (4) The PADA shall provide the City with an annual budget. 2. PERFORMANCE BY THE CITY., A. For the services outlined under paragraphs lA lE rendered by the PADA, the City will provide, by quarterly payments, the total amount of $17,250. B. Payment by the City shall be due upon receipt and acceptance by the City Manager of the PADA's quarterly report as required under paragraph 1F of this contract. The PADA will invoice the City for all quarterly payments. 3. RELATIONSHIP. The relationship of the PADA and the City shall be that of independent contracting entities. The PADA will be responsible for its officers, members and employees, and the City will be responsible for its officials and employees, while they are performing services pursuant to this agreement. 4, HOLD HARMLESS AND INSURANCE. The PADA shall indemnify, defend, and hold harmless the City, its officers, employees and agents, from any and all claims, injuries, damages, losses or suits, including attorney's fees ansing out of or in connection with the performance of this agreement. The PADA shall provide a Certificate of Insurance evidencing occurrence -based Commercial General Liability insurance with limits of no less than $1,000,000 combined single limit per occurrence, with the City shown as a named additional insured. 5. TERM. The term of this agreement shall be from January 1, 2004 to December 31, 2004. 6. NON- DISCRIMINATION. A. The Contractor shall conduct its business in a manner which assures fair, equal and non discriminatory treatment of all persons, without respect to race, creed or national origin, and, in particular: B. The Contractor shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and, C. The Contractor shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non- discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. 7. DISPUTE RESOLUTION. Any disputes related to this Agreement that are not resolved by agreement of the City Manager and the PADA 's Executive Director shall be referred for determinati on by the City Council and the PADA Board of Directors. Any still unresolved disputes shall be referred to non binding mediation by a mutually acceptable mediator. Venue of any lawsuit related to this Agreement shall be in Clallam County, Washington. IN WITNESS WHEREOF, the City and the PADA have executed this agreement to take effect on the date and year first written above. CITY OF PORT ANGELES By' L( RICHARD HE D CK, M YOR 1' GALegai Backup\A GREEMENTS &CONTRACTSTADA- 2004,wpd (February 2, 2004) PORT ANGELES DOWNTOWN ASSOCIATION By Title f ajzzLei ge,J ORDINANCE NO. 3168 AN ORDINANCE of the City of Port Angeles, Washington, amending Section 3 of Ordinance 2579 as amended by Ordinance 2458, relating to the Parking and Business Improvement Area. WHEREAS, the Port Angeles Downtown Association has determined that it is necessary to raise the annual assessment rates for payments by Downtown businesses, in order to provide necessary funds for improvements within the PBIA; and WHEREAS, the City Council has considered this request, and on September 7, 2004, pursuant to notice as required by law, conducted a public hearing on the matter, and determined the assessment rate increase to be necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. Section 3 of Ordinance No. 2579 is hereby amended to read as follows: Section 3. The businesses in the PBIA shall be the subject to the provisions of a special assessment authorized by RCW 35.87A.010. The rate of levy of the annual assessment is: Annual Assessment Business Area 2004 2005 2006 and thereafter -80790 $120 $140 $160 Less than 1.000 sa.ft. $00 200 233 266 1.000 -5.000 sa.ft. $200.00 300 350 400 5.000 or more sa.ft. This assessment shall be billed in quarterly installments. 5.7 For the purpose of said rates of assessment, "business area" shall be defined as gross business and business support space. Businesses which provide up to 50% of their off street parking need (per City parking requirements) will have their annual assessment -1- reduced by one assessment level; however, no one will pay less than $80 per ycar. the rate for less than L000 sa. ft. In addition to the annual assessments, businesses starting operation in the PBIA after September 15, 1985, shall pay a one -time special assessment of $100.00. Section 2 Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of September, 2004. ATTEST: Becky J. Up Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: September 12. 2004 By Summary G 1 Legal_ BackuplORDINANCES &RESOLUTIONS\2004 -13 -PBIA August 20, 2004 (9 06am) This amendment to the February 7, 1986 Agreement between the City of Port Angeles "City") and the Port Angeles Downtown Association "Association is entered into this gr^O) day of December, 1997. Renresentations. 1 On February 7, 1986, the City and the Association entered into a twenty-five (25) year agreement providing for the operation and administration of offstreet parking lots in the Port Angeles downtown central business district. 2. Included in the Agreement are various downtown offstreet parking lots, which are required under the Agreement to be used for the provision of parking to the general public. 3. The City and the Association have received a proposal to allow a portion of two of the lots to be leased as dedicated parking necessary to facilitate the development of downtown office space for the Washington State Department of Social and Health Services "DSHS and the City and the Association are desirous of revising the February 7, 1986 Agreement in order to provide the necessary parking for the DSHS offices. Agreements. In consideration of the above representations and the covenants and agreements set forth herein, the parties hereby agree that the February 7, 1986 Agreement is hereby amended by adding a new section I -H to read as follows: IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF PORT ANGELES A iEST: H. Subject to the approval of the Association, the City may lease all or any portion of Lots 2 through 7, Block 14, and the North 150 feet of the South160 feet of Lots 5 and 6, Block 1, Tidelands west of Laurel Street, Townsite of Port Angeles for the provision of dedicated parking for a specific downtown business and/or governmental agency. AMENDMENT TO AGREEMENT PORT ANGEL ASSOC DOWNTO resident 1 r cretary 7 4e 5.? a..s.(/ STATE OF WASHINGTON COUNTY OF CLALLAM On this 3 r d day of December, 1997, personally appeared PROSPER OSTROWSKI, Mayor, and BECKY UPTON, City Clerk, to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES and the parties who executed the within and foregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of the CITY OF PORT ANGELES. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certific 40 5;... -s /6-,G.- 740 98 NOTARY PUBLIC in and for the STATE �O OF WASHINGTON, residing at Port Angeles O q R WAS� A v STATE Clf ss. COUNTY OF CLALLAM A.\PRKAGMT WPD ss. On this 3rd day of December, 1997, personally appeared Terry Roth and Nancy White respectively, of PORT ANGELES DOWNTOWN ASSOCIATION, the Association that executed the within and foregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of the CITY OF PORT ANGELES. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certificate above written. A ))47.(,// l a NOTARY PUBLIC in he STATE OF WASHINGTON, ret Port Angeles 2 CITY OF IN G T ,O N, U. S., CITY MANAGER'S OFFICE, I, the Undersigned City Clerk of the City of Port Angeles, Washington, do hereby certify that the hereto attached- are true and correct copies of the documents indicated. WITNESS my and official seal this: `-19th day of October 20 0 Agreement- between the City of Port Angeles' and the Port' Angeles Downtown Association,, dated February 7, 1986, to ,provide Downtown:', parking in The _City of Port{Angeles; and Amendment to Agreement between the City of Port, Angeles and,the Port Angeles Downtown Association, dated December 3,' 1997; Becky J. Upton, City Clerk City of Port Angeles, 321 ,EAST FIFTH STREET P. 0 BOX 1180 PORT ANGELES, WA 98362 -0217 PHONE: 360 -417 -4500 II FAX: 360 -417 -4509 380 417-4645 E-MAIL: CITYMGR@a CITYOFPA.US become a part of this agreement. It is understood, however, the property upon which the Olympian Theatre is presently located may be excluded from this agreement in the event the ASSOCIATION is un- able to conclude its arrangements for a sub lease. 7. All parking.lots subject to this agreement are to be controlled by way of parking meters and /or other control devices con- sidered necessary. It is contemplated at this time that the method of control will be by way of installation of three -hour, or more, meters with 1O' per hour charges, with the first hour being made available to -5- customers of ASSOCIATION's members through the use of tokens, but that some all -day meters will be installed at the rate of 25G for ten. hours. The CITY agrees to furnish and pay for personnel to supervise and con- trol lots and to supervise and pay for maintenance of all properties and repair of meters. CITY further agrees to collect and to account for meter receipts and fines for overparking. Expenses of operation of the lots mentioned herein shall be deducted from said receipts and a full accounting given to the ASSOCIATION each month. Costs attributed to personnel shall be only for actual time expended with no charge for overhead. The ASSOCIATION is hereby granted the exclusive right to provide and control the use of tokens and the ASSOCIATION will redeem from the CITY all tokens which are collected from the parking meters on the lots at the rate of 14 per token, such payment to be considere as part of the revenue of the parking project. If it is found that controls, without validating equipment, are inadequate, the cost of additional validating equipment is to be paid for by each party, in equal shares.- The initial cost of meters, supply of tokens and other supplies shall be borne equally by the parties hereto. 8. Subject to the final approval of the CITY, the parking projects herein agreed upon shall be administered by an advisory board consisting of three (3) members, one member to be appointed by the CITY and two (2) members to be appointed by the ASSOCIATION, it being under- stood this provision shall not be in derogation of any rights of the parties hereto, or the enforcement of the terms and provisions herein contained.The advisory committee shall, in addition to any other duties delegated to it by the parties, recommend locations for parking, methods of parking, charges for parking, redemptions of tokens and placement of meters. If, in the opinion of the advisory board sufficient reserves are not being accumulated, or if the project is losing money, it may recommend that the cost to the ASSOCIATION for redemption of tokens be increased in such amounts as deemed necessary to place the project on a sound financial basis. 'Failure of the ASSOCIATION to pay an additional redemption charge shall be sufficient to allow the CITY to terminate this agreement in the event such additional charge is not paid after thirty (30) days notice, in writing, to the ASSOCIATION. In the event the re- serve fund accumulates more than is necessary, the advisory board may recommend a reduction in the cost of the redemption fee for tokens; al;.- low the ASSOCIATION to increase the time made available to its customers, or to reduce the hourly parking fee. Any income in excess of expense shall be held by the CITY in a reserve fund for additional off street parking in the central business district. 9. It is agreed by the parties the following procedures shall be followed at the commencement of operations if it is practical to do so: A. The ASSOCIATION desires that the 1C per token charge be held for the first five (5) years if at all possible. B. The CITY agrees to maintain all parking lots for off street parking properties, unless mutually agreed by both parties to their for other purposes. C. The CITY hereby agrees to allow the use of the alley for an exit from lot under para- graph 2 -C, unless problems are created which would require the discontinuance of the use of the alley. D. The CITY agrees that if the advisory board advises the use of "Tickets Spitters" as additional validation control, that such "Ticket Spitters" can be placed at'the property lines, unless it shall be deter- mined to be too hazardous for pedestrians 10. This agreement shall continue for a term of 25 years, PROVIDED, HOWEVER, that if, upon the expiration of the term of this agreement, the intent and purposes of this agreement, as set forth in the recital, are still desired by the ASSOCIATION and if parking in the central business district is still required for downtown parking, this agree- ment shall be extended an additional term of 25 years. IN WITNESS WHEREOF, the parties have executed this agreement this 77/'day of March, 1969. at this time they will be placed so as to cause the loss of the least number of park- ing spaces. CITY OF PORT ANGELES JeiR :199 Secretary DOWNTOWN PARKING ASSOCIATION, INC. n o By 040,4 Oi► 4✓V�f,r,c�cfY�'" (A), tAJ,,i4__ U C. OPP STATE OF WASHINGTON SS COUNTY OF CLALLAM On this 7th day of March, 1969, personally appeared JOSEPH W. WOLFE, Mayor, and BEAULAH MCNEECE, City Clerk, to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES, and the parties who executed the within and foregoing instrument, and they acknowledged said instrument to be the free and volun- tary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of the CITY OF PORT ANGELES. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certificate above written. STATE OF WASHINGTON SS COUNTY OF CLALLAM Notary Public £i and for the State of Washington, residing at Port Angeles. On this 7th day 'of March, 1969, before me personally appeared JAMES E. ROBINSON and ARTHUR H. MERTL, to me known to be the President and Secretary, respectively, of DOWNTOWN PARKING ASSOCIATION, INC., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary rubl'c in and for the State of,W shington, residing at.Port Angeles. V ti 1. PARTIES This rsement is made by aad between (a) The Ci "CI 3 of Pert Angeles, a municipal corp•ratiea (hereinafter called 'MTV (b) The Do town Parking Asseciatiea, Inc. a Washington corporation (hereinafter called "ASSOCIA.TION A G R E E M E N T 2. DEFINATE RECITALS A. CITY is the owner of the renewing properties (a) Lets 2- 3- 445 -6 -7 Bleck 14 Tow*site of Pert Angeles ea which effstrest metered parking is provided (b) South 120 feet south of alley of Lots 5 &6 Block 1 Tidelands West, Towasits of Pert Angeles en which all day parking is provided (c) Lets 5, 6 7 Bleck 15 Towasits of Pert Angeles •n which the Pert Angeles Hotel, Eckert building aad Williams building are situated. (d) West 2 of Let 3, East 2 •f Let 4, West 1 of Let 5 and East z of Lot 6, Bleck 1, Tidelands East, Townsite of Port Angeles, which is leased to the Downtown Parking Ass•diation, Inc. under lease dated and expiring (e) Let 2 Block 1, Tidelands East, Towasite of Pert Angeles, which is vacant B. ASSOCIATION is the losses •f (a) West 2 •f Let 4 (b) East 2 of Let 5 C. ASSOCIATION holds an Option from Andersen Fermi Company for the purchase of Leta 10, 11 and 12 in Aleck 17 of Norman R. Smith's Subdivision of the Tewnsit* of Port Angeles for $68,000. Said option expires on March 8th, 1969 D. ASSOCIATION is arranging to sublease Lot 13 of Bleck 16, Diemen R. Smith's Subdivision of the T•wnsite of Port Angeles •n which is situated the Olympian Theater. Said lea• to expire January 1, 1996. E. ASSOCIATION hells an agreement from JOHN SOMERS and AIk J SOMERS, his wife whereby they agree to grant an easement to ASSOCIATION to use the East ton feet of the East half of Let 14 Bleck 15, Townsite of Pert Angeles for the construction of a public corridor and whereby ASSOCIATION agrees to construct an addition to the a•rtk of their present building. F. .ASSOCIATION helix a bid from DslGuzzi, Inc. which expires March 2, 1969 covering the following work: (a) T. make certain improvements to the existing ASSOCIATION parking let •n pr•psrtie mentioned in paragraphs 2 A (d) and 2 B (a) and (b) at a cost of $4,500. plus any applicable Washington State sales tax (b) T. ie all that is nemessary to construct a parking let en the property described in paragraph 2 A (c) at a cost of $44,850.00 plus any applicable Washington State sales tax. (o) T. ie all that is necessary to construct a public corridor through the property described in paragraph 2 E and to make certain rsnevati•ns and additions to the building thereon at a cost of $19,900.00 plus any applicable Waitngt•n State sales tax. (d) To d• all that is necessary to construct a parking let on the property described in paragraph 2 D at a cost of $32,929.00 plus any applicable Washington State sales tax. (e) Te de all that is necessary is construct a parking 1•t on the property described in paragraph 2 C at a most of $28,575.00 plus any applicable Washingtoa State sales tax. NOW, THEREFORE in censidsrati•n of the mutual covenants hereinafter msatieaed CITY and ASSOCIATION hereby agree to construct, operate and administer •ffstreet parking in the CENTRAL BUSINESS DISTRICT •f the CITY OF PORT ANGELES as proposed in the City of Port Angeles, Central Business District Parking Feasibility Study prepared by N. G. Jacobsen Associates and more particularly •n the fallowing TERMS CONDITIOS 3. FINANCING (a) City shall invest the sum of $150,000. in the following manner- Property under paragraph 2A(a) $29,336.96 Property under paragraph 21A.(b 8,224.42 Property under paragraph 2A(o 46,444.80 Property under paragraph 2g(d Property under paragraph 2A(e By cash 65, 993.82 (b) ASSOCIATION shall invest the sum of )150,000. in the following mannger Improvements en leased property under paragraphs 2A(d) and 2B(a) and (b) 23,467.26 Prepaid engineering and development costs 7,961.79 By cash 118,570.95 (e) Any money required in excess of the $300,000. as funded to be leaned to the parking fund by the CITY in an amount net to exceed $50,000. and any such lean to be repaid from net revenues of the offstrcet parking program, amortized one year over 25 years at the /Treasury Bill rats prevailing as at the date said lean is made and adjusted to the bill rate on the same date annually thereafter. If rough cash inrestmeat OCIATION aahll rase i tstjv�l i* i e tuent in ex cess $150,000. CI�'Y ,A u shall increase tt/ ts/Investmen v t o l t e s me amount. 4. EXTIMATED COST OFPROJECT Bid under paragraph 2F (a) to (e) 130,754.00 Washington State sales tax at 4.5''; 5,883.94 CITY properties under paragraph 3 (a) 84,006.18 ASSOCIATION improvements under paragraph 3 (b) 23,467.26 Purchase price of property under paragraph 20 68,000.00 Improvements to properties uncer paragraph 2A(b 4,000.00 Improvements to properties under paragraph 2A(e) 2,500.00 Landscaping and Signing 3,000.00 Tokens 1,045.00 Estimated cost of Parking Meters 17,518.38 Contingency 1,863.45 xeax Association prepaid costs under paragraph 2A(e) 7,961.79 350,000.00 5. OWNERSHIP OF PROPERTIES It is mutually agreed that title in fee simple to all properties will be held in the acme of the City of Port Angeles, a municipal corporation either before the start of construction or will be transferred to the City of Port Angeles during or after constructioa. All leases, agreements, easements and other documents in respect to properties hereunder shall be assigned to and inure to the benefit of the City of Port Angeles and ASSOCIATION agrees to make or cause to be made any such assignments in respect to interests held by it. ASSOCIATION further agrees to attempt to obtain e STATUTORY WARRANTY DEED running to CITY for the east ten feet of the east half of Lot 14, Block 15 Townsite of Port Angeles from John Somers and Alma J. Somers, his wife in lieu of the Easement mentioned in paragrph 2E providing that CITY will execute a lease to John Somers and Alma J. Somers covering the basement area under the property so deeded at a rental not to exceed $1.00 per year and to terminate in not less than twenty -five yea ,a. 6. CONSTRU CTION ASSOCIATION hereby agrees and CITY consents to ASSOC ITION awarding a contract for construction to DelGuzzi, Inc. for the work mentioned in paragraphs 2F(a) to (e). Such construction to be carried out as per bid proposal of N. G. Jacobsen and Associates dated CITY hereby gives permission to ASSOCIATION, its contractors and sub- contractors the right to enter any and all properties subject to this agreement to carry out the work contemplated hereunder. CITY further agrees to de any levelling, paving and meter work to properties under paragraph 2k(a), (b) and (s) in order that they may become a part of this agreement. 7. OPERATION All parking lots subject to this agreement are to be controlled by way of parking meters and /or other control devices considered necessary. It being contemplated at this time that method of •entrel will be by way of installation of three hour or more meters with ten cent per hour charges with the first hour being made available to customers of ASSOCIA.TION's members through the use of tokeaa.but that some all day meters will be installed at the rate of twenty -five cents for ten hours. CITY agrees to furnish and pay for personnel, to supervise and control lots and to supervise and pay for maintenance of all properties and repair of meters. CITY agrees to collect and to account for meter receipts, fines for everparking etc. Expenses of operation of lots mentioned above shall be deducted from said receipts and a full accounting given to ASSOCIATION each month. Costa attributed to personnel shall be only for actual time expended with no charge for overhead. ASSOCIATION to be granted the exclusive right to provia* and central the use of tokens UMMOMMomehomel and ASSOCU TIN will redeem from CITY all tokens which are collected from the parking meters on the lots at the rate of one cent per token such payment to be considered as part of the Revenue of the parking project. If it is found that controls without validating equipment are inadequate the cost of additionsal validating equipment is to be paid by each party in equal shares. The initial cost of meters, supply of tokens and ether supplies shall be bsrne0 equally by both parties hereto. .8 8. ADMINISTRATION The whole project to be administered by an ADVISORY BOARD consisting of two members of each party hereto, and whose decisions shall be final in all matters. If any dispute arise between CITY and ASSOCIATION cenaernimg any aspect hereto, such disputes shall be submitted to three disinterested persons as arbitrators, one to be appoi nted by CITY, one by ASSOCIATION and the third Belated by the twe nominated arbitrators. The decision of the majority of the arbitration panel shall be reduced to writing, signed by the arbitrators and shall be final and binding upon the parties. The cost of arbitration shall be borne equally by the parties. 9. DUTIES OF ADVISORY BOARD Any income in excess of expense shall be held by CITY in a RESERVE FUND for additional effitrest parking in the Central Business District. The Advisory Board shall make recommendations to CITY and ASSOCIATION as to locations, methods etc. of such additional offstreet parking. ASSOCIATION guarantees ties± the financial success of this parking project and if in the opinion of the ADVISORY BIRD sufficient reserves are not being built up or if the project is losing money the cost to ASSOCIATION for the redemption of tokens to be increased by the amount considered necessary. Failure of ASSOCIATION is pay such additional redemption charge will be sufficient to allow CITY to terminate this agreement if such additional charge is not paid after thirty days notice. If the RESERVE FUND builds up toe fast the ADVISORY BOARD can reduce the redemption fee for tokens, allow ASSOCIATION to increase the time made av- ilable to customers or to reduce the hourly parking fee. THE ADVISORY BOAR to determine the number and placing of all day meters on each of the parking lots and to determine the price to be charged for such all day parking. 10. MISCELLfUNEOUS PROVISIONS (a) ASSOCIATION desires that the one cent per token charge be held for the first five years if at all possible. (b) CITY agrees to maintain all parking lots for effstreet parking properties unless mutually agreed by both parties to their use for other purposes. (c) CITY hereby agrees to tiaaxssnxsfxtiasx allow the use of the alley for an exit from the lot under paragraph 2D (d) CITY agrees that if the ADVISORY BOARD advises the use of "TICKET SPITTERS" as additional validation control that such TICKET SPITTERS can be placed at property lines unless it shall be proven ties± to be too hazardous for pedestrians, at which time they will be rearranged so as to lose the least number sf r pe king spaces. a 11. B I NG UPON SUC EPSORS, 90VEN4NTS RUNNING'WIT THE LAND: agreements shall be const ed as /covenant? running. -with t abor. =de cribed.„ es Ind all ene9ta confer d and duties aid obligations imposed' shall inhere s an b4 binding up, the successols, assigns, z preeentative and, heirs of the partie hereto. IN WITWSS WHEREOF, the parties have executed this Agreement this day of 1969 CITY OF PORT ANGELES By DOWNTOWN PARKING ASSOCIATION, INC. By L. F.' G k u I 1 I: I -,J 9 1-‘ 171 ...t -1- 1 1 i •-i t*Ii. 0. 10 1 (1 et 14. -1. A 1 1 Ci,/ 92erce# 1 D 2 :110 ,:.TO 20 C/ 34 1 1 C 7 t I 5 42 :1 42 Cif-, /5; oco0 30 1 20 ?I [4 7 2 70 (0 i,/ r// L 7 /2, 000 000 15 21 too 1';;' 2 /1 L 2 0 /1 T Pr)!(//Q %0T NUIVSEP. Lt -r 7' 1.Q 1),\!--)./.;111C; Jatitialy 31, 1972 AGRE:M;'NT ACI:EEXE::T entered into by and between the CITY 07 P0a2 ANGELES, a MuniciDal CorT)orazion, hareinafter referred to as the "CITY" and THE LOWNTOWN PARKIG ASSualh41, a Wash:n to rz the ":.SS3CIATIO::", cd ..orporatIon, H.: UHE32AS des to enter into an (7 to provide downto:m Dar ki7c to City .o., 1 Ipossibic cost to customers and users, and to provide a means Of ec- cumulatin-; fund s -='or maintenance and future development of oar:<inz the Port Angeles downtown central business district; and to provide a uniform system of off-street parkin; in the arca -eferr zo hc-ein. TH=FORE, in consideration of the 7.:utua/ nses here- in contained and other valuable considaration, it is AGREED az follows: 1. The C strtcs and rcr.:resents that iz is the owner of Clallam County, .,ots 2, 3, 4, 5, G'an 3 d 7, .1ze‹ 1 Town- ete of Port Angeles on •'hic-h metered par 5 provide. 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N Q (1. n I� N J•: r 0 O f) 1 3 t (i) )i 0, C`•, '0 •r 1 r J i -1 CA J-: f n) al 0 :I• 0 tit; OA N 1• i I: 1:i t� W S r3 0 04 r -f r -1 0 It is mutually agreed'that fee title to 5. be held in the name of the City of Port n7,e? e„ ?oration, either before: the start of construction or shall be trans- ferred to the City of Port Angeles during or after construction. :i1 1 n agreements, easements, eceds _ti: sp.rC: to rOpG: amt hereunder :.i.al- ba G. d VO, a....L. inure to the be c L of the City of Port Angeles, a=nd Lhf' ASSOCIATION agra s to c c- CL's:; a necc 3a to G _:t^:.Ct. further W 7g t L ml t obtain Warranty Lr`..c G.4_Lar a.0 attempt to Ci ✓a. a...a. c; statutory r�C..__a..s. a.y Dced running to the City or Port Angeles for she L`a:vt3 under. La.nccca- 1n and r in Estimated cost of Parkin Meter: Contingency ySS3C! 1 IM prepaid costs L' :C:C T0`1AL $3L3,G00.O0 East ten _et of he Esf ha' o; Lot Fourteen, 3iOC.0 Fifteen, To: nsitc of Port Angeles, v 3. .T -,U ti J a. Municipal e CV1•'1- such ow: ershil ASSOCI zT I 0.: Y vo a Soy: ers Somers is w a eu of zne easement menti oned ?-,O. ..E-. O E E t T e :..:..ones i:� paragraph 2 -D, ..�;.Ji'�LL, :1�,� the CITY will execute r. lease to John Somers and Alma J. Somers, coveri: the 2rea the property so deed at a rent i not to exceed $1.00 per year no tt icss a:..`1 25 years. 8. t� that the SS,, 1 n- TI i. L agreed by ..:1 t parties lla:. f.J .�Ctv .L`.l 11.1 award a contract i o i CG Gi rucz1or O Lam? GL':: Inc. o e work C:: �G ,r- 2 graphs 2-E (a) through 2 -E �c) inclusive, such c^-�st.r' ct 1 �a... 1... r construct a..L a. 0:. a.0 be carried out as per bid proposal of N. G. Jacobson Associate: dated C n m C i hereby gives permission to the t.v:+ l.at, contractors and sub-contractors the r alt to enter any ane all prop- cr"'..y, subject jeca. ro this agreement to carry out the work contemplated hc a- i'i:C Cil`� further afire s to do any lcvcl7 i g, paving and meter work t rt s v r 1 in. r and C it order Vha:a. they may .ao_.� to properties under p4_a.. i r e t- this j t understood, Z^ ow t become a part O.` a...�S is ...J1...V�_ the property upon which the Olympian Theatre is presently located may b excluded this r: ^+.'1 event the- ASSOCIATION .c n- MALl2.idC 11 from ...i1.... C:�,_ 4...1,. L in the V J�:aaL �.a c able conclude e r r n eme t•+ for c t.� a a..r .r t,. ..O CO..... a:, a. «..i': L:. G c.: i G.. l.. All 1 7 t t t this O c t are 7. t narking G.,... subject to «c;.....C._a, c: ►.r `i:O be con roI?cd by way of parking meters and /or other control devices con- cdei d necessary. It 1:, contemplated at this time that the method of control will be by way of in.. all t±o n of t:Zr3e -:our or more, tern with ltDs per hour C23 y with e first hour beinz t:. available to ffll\C customers of ASSOCIAlIO 7 V i..cm33223 through the tokens, .1` (_.i c`1 G1 LV.�a�i.i..cJ y ✓ZtV that oG::c all-day meters wit 1 bG installed at the -ate 2 C, C" T, ten hours. a.V O�. v �O Lt:a. The C1T c4 223 4G f i::n:1 n C y personnel ne t t pup C con- t_o1 lots and to supervise ad d pay for main, na::co of all properties and repair of meters. C_T' 1.1rtepe a= rree3 to Coe -.^..0 tO account for meter ec. ±ot3 and aae3 for c5ve operation r' d f+ f c ^�Gn r j a. Y.7�'. vC: a of O ✓t. iOi• G1 L .o iots mentioned herein shale bo Gv4 r«n�rM� said receip s and a full accoi::^ nS t �ivc n to ASSOCIATION each month. Co _i aLra J f J the A 1 J.. �.v�. :a C �:J 44.L DU t r v r L only y f r actual r "1 'R charge for to personnel C,. :�a11 be O.,1J «G c= C�i:a_- time C :.aG..�..c:�: with O charge .O� overhead. The ASSOCL TIO is e—eby z'r a tcd the exclusive control a. use n S n TIO 4 l 1 cI a provide and con he us O.: c.Gn4 aL c, nQ aa.G ..J50t, -.1« Va. re the CITY all s which •.k n l 1 1 G1 ..aay Ci l r Cyr. tokens 4laalt._ai a-c L collected rCC i r V.•• a J a.1 1r.�CV ...V. «J on the lots at the ramie of 11- per L token, such Jay .cent to be considered 4z kart of the re vc, .uo of he parkin,^-, pro�cc4. i it +V 42 bund d that controls, wit -.our vair_dat ±ng equipment, are -made uatc, the cost of additional n' 1' equipment to be paid for by each party, in c. c. r. c.i vc. 1Gc:.L GCt tI p ai: to for equal shares. s The co,, L of meters p_ y of tokens and other supplies shall be borne equally by the parties hereto. 8. Subject to chi: final app rova1 of fine par in projects herein ag: upon ^e administered sor'" boar d C-G u�JV shall pi C. by an .,..V1 cC�i.^.'�.`�, Li nip G- L, (3) is .a) .wL. 0 .1 a. s..�,..�t <O tiJ c. '�DO iaa E3G� �y k...%. 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U "c.) 0 h O r r 0 0 0. 1 di- tr? -P. at this time they will be placed so as to cause the loss v O the he least b IJV o of pa- in DC4C._.a V `c agreement shall l e of 25 years, PROVIDED, ::0 R, that if, upon the expiration of v ter2 o this agreement, the i an{r and purposes of this c reer.le t.. et fors: a in the reci ::al arc s .i l desired by the ASSOCI TI and �r �,_ra�ld and �L nc.i.�.,...� i71 the C:.:_:,;1^c:;� Ju.c'.1ia£ -'.^.S for downtown parking, en of 25 years. at, shall be extended C�:G' c:.:a cvGC:�.L'iG11ic+� �`1.:, 25 TI: E T t'v. rt i c have executed d 1 \F 'rl.. �....JS WHEREOF, parties �1c:V... C:X�.�.t��C.0 this c t h 9 CITY OF PORT i...GELES D �r :te y a�U \1�'.'al'. a \A1 i:.i Vl. +:'a111J.\ .C t: .f :is r rt3 i s U 0 r(j r,, 1 -1 l J 0 CI 1I cc C) 1 .4 U 0 f 61,4) L 1 r I t) rjU 0 >-1 >1 r) •!J C 11 I H U P. r. 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S -1 ('i I:; (U '1 0 0 rl 'v v7 (.2 '.J -1) 0 rrJ t' F }0 0'( ;0 w 4 '(5•r 1 i 0 1 J r3 o ,c; 'J G) r a 1) :fr>' S; _1 r, rf U (J C) 0 '.1 1 -1 r 4) 4?) 0 7 t) 4) 0 0 t 0 1 I d) :.S 'J i r 1 G U 0 1 U O U c', 1 1 i S-1 1 't 3 1 0 v) r; r•,,4 r1 r.7 (4 i; 4 7) .r '(S •'-i iJ f'; U 4 CJ 0 1 o 1 �4 -r-1 0 0 114 O c•) 4') t71 t'i �1 0 >i' (;1 l 0 r( (I -a t ti f f frl S•; rJ C 0 0 '4 S: i.1 1- L{ ri I'•1 (1 tj .1) -c9 rJ 4) (.l t •r i (44 14 0 rd (4 (T r43 U r A e T THIS AGZinEn,i3T entered into by and between the C2 Jr PORT AflGELLS a +unicipal Corporation, hereinafter reeve rec3 to pis the "CITY atel b7TE D"3 WTO fl rAmain ASO0r IT T nY; S9I� ahMa 'l.�l .F, .E: 51'1' y w e,. .'i 4Zieb r. Corporation 4ereinefter referred to ac the Ad' JkIATIO U T YI <C S S: T 9 UHEREAS 9 the partiee desire to enter into an arreerent to provide downtown parkin in the City of Port Angeles at the 1owes' possible coat to customers and users, and to provide a Beans ©f ac- cu ulatine funds for maintenance and future r1eve1opeant of parkingire the Port Angeles downtown central l uninees district; and to provide a unit ©;rte system of off- street parkine in tI3e area referred to herein. NQU T" LRLFORE, in consideration of the mutual promises here- in contained and other valuable consie etioe it is t C°R ;I) as folloue 1. TZle CITY states and represents that it is the owner of the following described properties situateei in Fort Angeles, Clallan County, Washington A. Lets 2 3, 4 5, 6 and 7, 3lock 14, Town site of Port Angeles on which off-street metered parking is provided. 3. Uorth 150 feet of the South 169 feet of Lots S and 5 nook 1, Tidelands Hest of Laurel Street, Tcwnsite of Port Angeles, on which 611 day parkin' is provided. C. Lots 5, 6 and 7, Block 15, Townaite of Port t nro1es, on which the Port r+neeles :loto1 9 Eckert Building; and E•9i11iens iuild- inz are situated. D. West 1/2 of Lot 3, Last 1/2 of Lot 4, West 1/2 of Lot 5 and Lest 1/2 of Lot 6, Kock 1, Tidelands i ast of Laurel Street, ownsite of Port Angeles, which 35 leased to the Down town Parkin± Asscci<ation Inc. under lease dated October 11, 1961 and e pirinr; August 31, 1986. E. !3e,st 40 feet of Lot 2 131ce: 1, TidelanCs nant of Laur Street, Towrs5tc of Fort Ans uhleh is vacart. 2. The ASSOCIATICV 0tes and Tr:pm nts as follows: Mat it is the 1ococ-7„. of thc 1S5 feet of the 'Alst 1/2 of! Lt 4, j/ock X iOelands Last of Tiaurel f)trect, Port An,;eles TiO.:41ant7,s, 7tallcm D-)1t in7ton, the Zant 1/2 of Lot 5, 7i1cok '?ideland rast of Lauzrel Stm7t, nort Anzelef:,; TiOclan6s, Clallelm County, ':YcIA- inton, LmcrPT the Southerly 115 feet thereof. Th,7t it ?old s an option froA Aneerso;1 rord Conpaay for the purchase of Lots 10, 11 and 12 in nook 17, ;:o17:an SzIth's division of the ToTinsite of ,7=rt Anr,eles, for M3,010.00. r3aid option expires larch S, 1969. C. That it 715 nrvcn t sub-loose Lilt 13 of Zloc!: 16, ,:or I. Srith's Subavision of the TownaLtc of Port An'T,elas, on Ihi the Oly.71pinn 171eatre is prsent?y situatad. Said lease e2wirca January 1, 1996. D. Tacit it holds Je3t fri John Soers and Alta J. Somors, hi g wife, whereby they ciTZ::3 to t a,,soltent to the AS1Z:CIATI3°1 to use the Last 10 7eet or the 13ast ftalf Lot 14, DIcc% 15, 7.0 of Port io for the construction o? a public corric:or and whovet)y the ASSOCIt.T101 cw,roel4 V.) construct an addition t* the ':3rt!1 of their present L. That it 1i a bl,d frrIn *X;nu:1,--1 Inc. which exlird larch 2, 1969, 'out t4hich will be re- newed dow,r1w; the f11nr irk (a) To nzke certain i2lrovomcnts to the exi3tinT7, ASSOCIATIGI'J perkily lots on property r.lentiened in partAraphs 1-0 and 2-A, at a cost of 5O.3L lus any ap?licable Jasiton Otate sales tax. CO To cb all thet ia zleoessary to con- struct a pig lot en the '_.;ropEarty in para7,raph 1-C, at a cot of *44,850.00, plus any applicable 'Aashinton ptate aale3 tax. (e) co all that i7 to con- struct a puiaic corridor throtrh the property parar 2-0 afl( to :2e,ke certain renovations and aclditiono to the '1.i1dint, thereon at a cost of :9,900.00, plus any appli- cable Uashington State sales tax. follows: (d) co do all that is necessary to con- s truct a parkin' it on the property described in paragraph 2 -C at a cost of 032 plus any applicaable Washington State sales taw. /y (e) To do all that is necessary to con- struct a parki ne lot on the property described in par^a; rath 2 -a, at a cost of 028,575.00 plus any applicable Washineton State sales tax. 3. It is agreed ly the parties the financier of the wore to be performed shall be one in the following, reanner: A. The CITY shall invest the aura of 0150 ,000.00 as follows: 1. Property under paragraph 1 -A 2. Property under praraeraph 1-3 3. Property under paragraph i,C 4. 3y cash The ASreCCIATIIN shall invest the sum of a150 in the following iaanner: 1. Impr^oveeents on leased property under paragraphs 1 -D anli 2 -A 0 23,467.26 Prepaid ongi; eerine and develaprer t costs 3 7 0. 5y cash; $31/8570.95 C. Any money required in excess of 0300 000.50 shall be loaned to the parkin' funds by the CITY in an amount not to exceed r5O,pd4.ct3 $29,330.98 $,224.42 048 ,4440 00 165 Any loan uo man shall be repaid from net revenues of the off-street parkin pro z'ai' amortized over 25 year at the one -year Treasury 3i11 rate pr railing on the date said loan is made and adjusted to the !All Rate on the sane date annually thcr. after. 4. The parties osti7 ,ate the cost of the project to R 463 131 3 undo r paraaerapt 2 -E (a) to 2 -E (e) 3133 Washington State Sales Tax at 4.52 7 5 CITY properties un er pars ,reph 3 -A r 04,006.16 ASSOCIATION improvements under praracreph 3 -3 023487.25 Purchase price of property wader p:araeranh 2 -9 1 59 Improveeenta to propertian under pr ra rash 1-3 u 4 9 04.0€1 Inprovemente to properties under paragraph 1 -1 2,SGO.Qn lease Landscapinc and Sininc Tokens timated cost of Parkins isters Contingency ASSOCIATIN prepaid costs unehor paragraph TOT 5. It is mutually agreod that fee title t all propert e will be held in the name of the City c Port Angeles, a !lunicipal Cor- poration, either before the start of construction or shall be tranS- furred to the City of Port Anceles durinr, or after construction. All agreerents, eesenents, .2ecds, rip;hts and other documents in respect to properties heraunde7 shall be esoined to, and inure to the benefit of the City of Port Angeles, and the ASSOCIATION aorees to exe- cute all documents necessary t effect such ownership. ASSOCIATION further asrees to attempt to obtain a statutory riarranty Deed runnin3 to the City of Port Anocles 41 ,r the East ten feet of the Zest half of Lot Fourteen, nook Fifteen, Townsite of Port Aneles, from John Suer and Alma 3omers, his wife, in lieu of the casenent mentioned in paragraph 2-1), PROVIWD. HOWEVER, the CITY will execute a lease to John Sonars' and Alma J. :loners ooveriir the basement area under the property so deeded at a rental not to exceed 1.00 per year and terrinate not less than 25 years. 6. It i3 agreed by the parties thelt the ASOCIATTON award a contract for construction to DelGuszi, Inc. for the work mentioned in paragraphs 2-E (a) throes 2. (c) inclusive, such construction to be carried out as per bid proposal of I. G. Jacobson 4 tssociates dated 7 oz5 The CITY hereby gives permission to the ASSWJATII)N its contractors and aub-contractor3 the right to enter any and all 71rop- orty, subject to this agreeYaent to carry out the work contemplated hem under. The CITY further a7raes tc do any leveling, pavin7 and neter work to properties under pararaphe 1-A, 3 and C in order that they nay 3,000.00 1 t 17,518.30 4 1,803.4S 7,161.70 become a part of this agreement. tient. It is understood, however, the property upon which the Olympian Theatre is presently located may be excluded from this agreement in the event the ASSOCIATION is un able to conclude its arrangements fora sub-lease. 7. All parkin& lots sub1eet to this aereemert are to be controlled by Fray of parking meters ead /ear ogler control devices con- sidered necesoary. It is contemplated at thie tine that the nethod of control will be way of installation of three -hour, or more, :eaters with lot per our charges, with the first hour beige made available to eato ers of A$S'CIATIO 's menbere throu, h the use of tokens, but that axle all -day meters will be installed at the rate of 25t for ten hours. The CITY agrees to furnish and pay for personnel to supervise and con- trol lots and to supervise and pay for maintenance of all properties and repair of net re. CITY further agrees to collect and to account for meter receipts and fines for overparkine. le.penses of o :e ration of the lots mentioned herein shall be deducted frog said receipts and a full accounting; given to the A3 CIA IYN each month, Costs attributed to personnel shall be only for actual tice eepended Frith no charge for overhead, The ASSOCIATIW is hereby eranted the exclusive right to provide and control the use of tokens and the Asccamor will redeen from the CITY all tokens which are collected from the parking meters n the lots at the rate of 14 per token, such peynent to be considered as wart of the venue of the parking project. If it is found that controls, without validating equipment, are inadequate, the cost of additional validating quire:ent in to be paid for by rash party, in equal aharee The initial cost of meters, supply ly of tokens and other supplies sh x,11 be borne equally by the parties hereto. S. Oubject to the fin=al approval of the C''I 'Y, the per#;in projects is herein agreed upon oh all be ir is tered by an advisory board c nsistinp of three (3) menber one meelber to be anointed by the CITY and two 2) members to be appointed by the y )OIAz IC }N it being un cr- stood this provision Well not be in dorc eati ©n of any rights of the parties hereto, or th nforcement of the terns and rovLsion herein contained.The advisory coeveittee chall, in addition to any other duties delegated to it by the partiee, recommend locations for parkins, Feethods of parkirr, chimes for parkine reelenptions of tokens and elacement of caters. If in the opinion of the advisoey board oufficient reserves re not being accumu/ated, or if the project is losin money, it may recommend that the *est to the .;W3.1CIATIWI for rede7ption of tokens be A. The ASOCIATIOEZ desires that the 14 per token charze be held for the first five (5) years if at all eossible. 3. The CITY a!r_Tcee to maintein oll parkine 10t0 for of stet parkine, properties, unlese mutually (e7reed by both 7>arties to their use for other purposes. C. The CITY hereby anreee to allow the use of the alley fer an eeeit from lot under pare- creph 2-C, unless preblens are create(2 whiclh would rye the discontinuance of the use of the alley. D. The CITY kerece that ir the advisory beard advices the uae c“),' "Ticeeetn $'pitters" as additional validation control, thet such rTicket Sitters can be placed at the property lines, unless it shall be deter- mined to be to hazardous for peOeetriene increaeed in sueh anounts as deeleed necessary to elace the proieot on a sound financial baois. Failure of the ASSOCIATIO0 to .7ay an a4ditional redemption charge shall be sufficient to allow the CITY to terTinete this Agreement in the event such additional cherze is hot paid after thirty (30) days notice, in writinc to the ASSOCIATIM In the went the re- serve fund accumulates more than is neceesary, the advisory board nay reco=end a reduction in the cost of the redemption fen for tokens, al- low the AS3OCIATIO0 to increase the tine maee avoilable to its customers, or to reduce the houTly parking fee. Any ineoe,e in encess of eepcnse shall be held by the CITY in a reserve fund for additional off-street parkin3 in the central business district. J. It is a5reed by tha parties the followint, procedures shall be followed at tht elopencement of operations if it is practical to do so at thiG time thcy will be placed so lari to cause the loso of tht leaot number of t.:11rk- inc opaoeG. 10. Thic ei;:r3Qient continul for tern of 25 yoars, POV30a:D, aOrs2nR, that i upon the exTiration of the torn of thio ac7merant, the intent cnd purponla of this ar;reement, aG oat rorth in the recital, arc ctill Oairod by the ASSOCIATIO,J aft4 111 po.rkiAl in the central btJaineso dictrict is 3ti11 rcquird for e.t 7arkirw, ti u acIree- ment shall be e;;ten4c6 an adGitional tem co? 23 yectrks. IN the partiu3 10V3 xrecuted this aosmenent this 777-/ day of Narch, 10€19. CITY or Kin Q PAR‹iiT P°SeCIATIO:Z, INC. 0 STATE 07 WASHINGTON SE COUNTY OF CLALLNN On this 7th day of March, 169, nersonally anpenred jak1 !:H W. WOLFE, Mmyor, and L. MAUI:Ad icCia, City Clerk, to me known to be the Mayor and City Clerk of the CITY Or. L-ORT ANGELES, znd the narties who eNecuted the within and foregoing in-truant, and they acknowledged said instxurent to be the frec and volun- tary act and deed o ic3 City, for the 113G nd urser therein mentioned, and on oath statce that they were authori:ed to execute said instrument, and that the seal affixed is the seal of the CITY OP 12ORT ANGLT.FS. IN WITAES WaEREOF, 1 have hereunto set my hand and officinl seal the Cay and year first ip this certificate Flpove written. STATL OL WASNINZTOZ SE COUNTY OF CIALLNK On this 7th day of March, 1SG, before me rersonlly ;At7r1c:Irc JAMES L. RO3IN5ON and ARTHUR a. YAERT,,, to me known to be the President and Secretary, resnectivelY, of DOWNTOWN .41V= ASSOCIATION, INC., the cor, th,:kt executed the within and foregoing instrument, and acowleded the sz instrument to be the free nne voluntary uct deed of szid cororation, for the uses :7 nurroses therein mentioned, and on wth stated that they were authoried to execute said instrument, and thrzt the seal affi74ed is the cor-;ora.te scal of eaid cornoration. IL' WITNESS WBERLO have 1.ezeunto set my hand and affixed my official seal the day and year first above written. 24, 6 Notary i-ublie in/and for tlitc. State of Washington, residing at L-ort Angeles. Notary :?ubic in nnd for _the :3tete of Ltshington, residing at ,jort Angeles. A G R E E M E N T THIS AGREEMENT made and entered into this I day- of 1969, by and between BETTY LOU LINDSTROM, Guardian for William Andrew Lindstrom, a Minor, as "LESSOR" and DOWNTOWN PARKING ASSOCIATION, INC., as LESSEE, W I T N E S S E T H: WHEREAS, ELLEN N. OMAN and DOWNTOWN PARKING ASSOCIATION, INC. did heretofore, on September 1, 1961, enter into a lease for the purpose of establishing a parking lot, and WHEREAS, it is the desire of the present parties to modify said lease in certain respects, NOW, THEREFORE, in consideration of the mutual promises one to the other, it is AGREED as follow: The following paragraphs in the lease are deleted in their entirety: "As further consideration for this lease the "LESSEE agrees that in filling and paving said lot it will construct and pave a ramp immediately north of the presently existing concrete and brick building on said premises with a suitable grade to per- mit commercial and other vehicles to park in front of and gain access to the entrance to the basement of said building at the north side. The LESSEE further agrees that it will, by whatever installation or means necessary, dispose of any water which may accumulate and interfere with the use of the ramp." In lieu of the ramp for access to the entrance on the north side of the building, as provided above, the LESSEE agrees at its own expense, to construct a four -foot wide platform, or ramp, on floor of DelGuzzi the north side of the building for entrance to the main the building in accordance with the sketch submitted by Construction, Inc. on May 76, 1 a copy bo.tng attd ®hod hereto as Exhibit A. LESSEE agrees to provide for LESSOR's tenant, without charge, a reserved parking area of approximately 1 and 1/3 present stall width at the ground level entrance to the ramp or platform. All other terms and conditions of the lease shall continue to remain in full force and effect except as herein modified. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. J ,r r »J STATE OF WASHINGTON) SS COUNTY OF CLALLAM) DOWNTOWN PARKING ASSOCIATION, INC. LESSOR THIS IS TO CERTIFY that on this 51 day of 1969 before me, a Notary Public, In and For the State of Washington, duly commissioned and sworn, personally appeared BETTY LOU LINDSTROM to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year in this certificate last above written. Notary Public, in and For the State of Washington, Residing at Port Angeles. STATE Or WASHINGTON) ss County of Clallam On this day personally appeared before me ✓'P"' and J day of /CI! 1969. to me known to be the President and Secretary respectively of Downtown Parking Association, Inc., that executed the foregoing instrument, and acknowledged the same instrument to be the free and voluntary act and deed of said Corporation for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument, and that the seal affixed is the corporate seal of said Corporation. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed this /Ir •'r/ Notary Public in and for the State of Washington, residing at Port Angeles. 4 id I ovs,rega:e .41 A t n� 1 M N i f' ,4 .a4,e7wegies:- (146 1 47?-7) a I!*rIa MIND r- 4 v .s ASSETS Cash in Sank Regular Special Notes Receivable Parking lot construction Engineering Development: LIABILITIES CAPITAL Social Security tax payable Medical Aid p; Ay:)ble Sales tax payable DOWNTOWN PARKING ASSOCIATION, INC. BALANCE SHEET September 30 1969 Investment in Old Lot Less Depreciation to 12/31/68 Construction fund Fledges Cash Time Capital Account Paid -In Surplus Undivided Profits Profits to Date 34,51).67 16,532.32 52.51 3.18 (96.06) .9, L5 93 77,453.u6 (2,398.92) 1,196.90 1,502.19 10,624.37 57,456.64 70,247.00 9,018.32 17,S58.35 166,806.87 (4...37) 30, 850.27 166,806.87 a Operating Income Parking Lot Receipts Operating Fees Token Sales Operating Expenses Salaries Rent..'lUv.'v a. Bookkeeping 30J.00 Electricity 77.75 Tickets 366.82 Repairs luu.66 Maintenance 12u.uu, Insurance 281. Office 4..u.48 Miscellaneous 351.88 Payroll taxes 371.08 3usiness Occupation tax 3u.66 Net Operating Income (Loss) (644.12) Other Income Interest on Investments Bond Profit (Loss) Miscellaneous DOWNTOWN PARKING ASSOCIATION, INC. PROFIT LOSS STATEMENT 9 Months Ending 9/30/69 3,2S5. 2,878.21 1,772.77 (3.75) 72.1.0 6,134.11 152.50 6,286.61 1,841.u2 Net Profit to Date 1,196.5) 10/13/69 Area 41 Existing merchants lot 4,500.00 Plus Change Order #6 420.00 4,920.00 Sales tax 221.40 5,141.40 Paid to Date 4,702.50 Amount Due Del Guzzi -0 Area 42 .1/est Front Street Plus Change Order ;f3 Sales tax P5 id to Date Amount Due Del Guzzi Plus Change Order 1 Plus Change Order ;Y4 Sales tax ?aid to Date Amount daze Del Guzzi Area #5 Anderson Ford Sales tax Paid to Date Amount due Del Guzzi Balance due on completion 50,246.72 44,850.00 1,374.00 46,674.00 2,100.33 48,774.33 48,774.33 -0- Area #r3 ?eninaula Bible Book Store, lc, S 00 .0 0 1,522.00 300.00 21, 722.00 :77.49 2 ),699.49 2 -0- Area 54 Olvnri• n Theater 32,9 Plus Change Order ;f5 2,147.00 l'ius Change Order 4F2 66.60 35, 116.00 Sales tax 1,581.12 36, 717.12 Paid to Date 15,753.38 Amount due Del Guz. i 28,575.00 1,285.87 29,860.87 1,016.79 28,844.08 Total Owed to Del Guzzi 143,193.21 Total paid to date 92,946.49 Cash Requirements Anderson Ford 68,000.00 Meters 16,668.17 Ticket Snitters 20,525.00 Del Guzzi Contract 136,637.93 Improvements to city lot 5,274.12 Landscaping and signs 576.21 Tokens 1,499.24 Change Orders 6,555.28 Contingency 5 1 915.10 261,645.05 Non -Cash Requirements Association lot prepaid items City nronertics Total Project Cost Anoortionment Loan from City 1/2 by City 1/2 by Association Funding by Association Allowance for lot arena id costs Cash paid (92,946.49 less 22,699.49) Cash in b Bank loDn required 23,467.26 7,961.79 84,066.18 56,600.00 163,546.14 16,540.14 23,467.26 7, 961.79 70,247.00 10,624.37 51,239.72 Funding by City City properties 84,006.18 Meter cost 16,668.17 Improvements to city lot 5,274.1= Landsca2ing and signs 57..21 Tokens 1,499.74 Cash paid 72,699.49 3alance to be paid 32,822.73 Loan to be made 56,600.66 Funds Required Less Contingency Fund and Ticket Snitters To complete former merchants lot To complete Olympian Theater lot Immediate requirement To purchase Anderson Ford lot 68, 006.00 To complete Anderson Ford lot 28,844.68 Total cash required Cash due from City Cash due from Association Loan from City 19,602.68 48,644.04 68,246.72 50 000.00 115, 435.23 377,080.2.8 377, 080.28 163,540.14 163,540.14 438.90 20,963.74 21,402.64 96,844.08 118, 2.46.72 118,246.72 MEMO TO: City Manager -FROM: Finance Director RE: Downtown Parking Association and Off- Street Parking January 2, 1946: A resolution was adopted leasing to the Downtown Parking Association, Inc. the E2 of Lot 6 and the W2 of Lot 5, Block 1 of Tide Lands East of Laurel Street. ($150 per Yr.) March 26, 1951: A resolution was passed amending the above lease to in- clude 25% profit over $500.00 in addition to the $150 per year. Oct. 11, 1961: An amended lease was issued to the Downtown Parking Association, Inc. adding the E2 of Lot 4 and the W2 of Lot 3, Block 1 of Tidelands East of Laurel Street at $300 per year plus 25% of net profit over $1,500. In 1966, the Association started planning, along with the City Manager, for expansion of parking facilities for the downtown area. A number of meetings were held to formulate plans and N. G. Jacobsen and Associates, Inc. were hired to do a Feasibility Study concerning traffic and parking facilities. March 7, 1969: The Agreement with the Downtown Parking Association, Inc. whereby the Association was to furnish or invest $150,000 in improvements and cash mg 811g a like sum in property and cash, Any money required in excess of the $300,000 was to be loaned to the parking fund by the City in an amount not to exceed $50,000, to be paid back from revenues of the seven parking lots over a period of twenty -five years. When the State Examiner audited the City's books for 1969, he took the position that the above agreement was not within the legal rights of the City that a formal public hearing should have been held before entering into the agreement and that the $50,000 loaned to the Off- Street Parking Fund should be paid back much sooner than the 25 years. In view of this, an amendment was made to the Agreement(dated Jan. 18, 1972) and by ordi- nance the loan was to be paid back within three years. However, if the loan is not paid within the three years, a new ordinance stating the cur- rent amount of the loan, will be adopted for a three year period until the loan is paid in full. I have attached a copy of the "Agreement" and some other information which may be of help in answering the inquiry by John M. Brewer, South/ West Planning Associates. FOR VALUE RECEIVED, the undersigned, DOWNTOWN PARKING ASSOCIATION, INC., a Washington corporation, hereby assigns, transfers and sets over to the CITY OF PORT ANGELES, municipal corporation, all its right, title and interest asLessee in and to that certain lease entered into on August 16, 1961 with John Frost Henson, Alice Henson Ernst, Muriel E. Henson and John F. Henson, as Lessors covering the East half of Lot 5, Block 1, Tidelands East of Laurel Street, Port Angeles Tidelands, Clallam County, Wash- ington, EiXEPT the southerly 115 feet thereof; TOGETHER with the right to slope for a fill over a portion of said 115 feet north of the presently existing build- ing, PROVIDED, however, that the lessee agrees to pro- tect said existing building from any structural damage caused by making such fill; situated in the City of Port Angeles, County of Clailam, State of Washington. DATED This day of July, 1970. 2 7 i yJ fii.tii uR iiE(:0D AT I 1A0C1 16 PO 2' 00 P/7 r. le r,LA! tA1 STATE OF WASHINGTON) ss. COUNTY OF CLALLPA ASSIGNT OP LEASE DOWNTOWN PARKING ASSOCIATION, INC. Bv i)resident Secretary 13y On this 2/5 7 day of July, 1970, before me personally appeared WILLIAM C. BORK and ARTHUR H. MERT.,.1, to u known to be the President and.Secretary, respectively, of Downtown Park,.ng Association, Inc., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said cornoration, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year fist above written. „,..r" Notary Public in and for the State c LEGEND Zr vlU 1 1.96 1\56 40 2 //0 119.0 1 z0 3 l; 142 142 13 \20 1 1 ►;5831 TorAi. 417 127011471 2A1 L2OA1 0 P.421 NG LOT NUCBER. A t rTh k .w 6 T T; R OFF 372 EFT uanucil 31, 1972 THIS INDENTURE made this jf day of January, 1972, by and between the CITY OF PORT ANGELES as the First Party, and the DOWNTOWN PARKING ASSOCIATION as the Second Party: W I T N E S S E T H: WHEREAS, the First Party and the Second Party entered into a Contract under date of Narc6, 7 19 4 9 which Contract provided in Paragraph 3(c) for the amortization of the loan over a twenty -five (25) year period; and WHEREAS, the office of the Attorney General of the State of Washington has ruled that a loan of this type for twenty -five years is of questionable legality, and the parties hereto are desirous of being in conformance with the law; NOW, THEREFORE,"itras mutually agreed between the parties as follows: ,Paragraph 3(c) of the above mentioned contract is hereby amended to read as follows: Attest: "3(c) Any money required in excess of $300,000.00 shall be loaned to the Parking Fund by the City in an amount not to exceed $50,000.00. Any loan so made shall be repaid from net revenue of Off Street Parking program over a three (3) year period commencing with 1972 at the 1 year Treasury bill rate prevailing on the date said loan is made, and adjusted to the bill rate on the same date annually thereafter." DATED. this day of .7;WvarY 1972 City Clerk AMENDMENT TO CONTRACT CITY OF PORT ANGELES By Mayor ;11/ ‘1„ DOWNTOWN ING ASSOCIATION' 1 o,ry y i '1 By ,v 4//7 /i %I Page One \l I) ;y 'official S TA TE OF WASHINGTON SS. County of Clallam On this /4; -/4 day of the undersigned, a Notary Public in and for the State of Wash- ington, duly commissioned and sworn, personally appeared, VERN BASOM, Mayor and kP.LcL) 'Alti/s City Clerk, to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES, and the parties who executed the within and foregoing instrument, and they acknowledged said instrument to be the free and volun- tary act and deed of said City, for the uses and purposes there 'in mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of the CITY OF PORT ANGELES. IN WITNESS WHEREOF,. I have hereunto set my hand and seal the OF WASHINGTON instrument to be the free corporation, for the uses day and year first in this certificate above \L. Notary Bilblic in and for the State of Washington, residing at Port Angeles. SS. County of Clallam On this 9 da of August appearec :04' and_ to me known to be the President and DOWNTOWN PARKING ASSOCIATION, INC., 4, before me psonally 1974, before me, e -1/ Secretary, respectively, of the corporation that executed the within and foregoing instrument, and acknowledged the said on oath stated that they were instrument, and that the seal said corporation. and voluntary act and deed of said and purposes therein mentioned, and authorized to execute said affixed is the corporate seal of IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal thg and year firs above written. kJ Notar Public in and for 3 of Washi gton, residing at Port Angeles. A G R E E M E N T THIS AGREEMENT, entered into by and between the CITY OF PORT ANGELES, a Municipal Corporation, hereinafter referred to as the "CITY" and PORT ANGELES DOWNTOWN ASSOCIATION, a Washington Corporation, hereinafter referred to as the "ASSOCIATION [10 -6 -83] W I T N E S S E T H WHEREAS, the parties desire to enter into an agreement to provide Downtown parking in the City of Port Angeles at the lowest possible cost to customers and users, and to provide a means of accumulating funds for maintenance and future development of parking in the Port Angeles Downtown Central Business District; and to provide a uniform system of off street parking in the area referred to herein; NOW, THEREFORE, in consideration of the mutual promises herein contained and other valuable consideration, it is AGREED as follows: 1. The CITY states and represents that it is the owner of the following described properties situated in Port Angeles, Clallam County, Washington: A. Lots 2, 3, 4, 5, 6 and 7, Block 14, Townsite of Port Angeles, on which off street metered parking is provided. B. North 150 feet of the South 160 feet of Lots 5 and 6, Block 1, Tidelands West of Laurel Street, Townsite of Port Angeles, on which all day parking is provided. C. Lots 5, 6 and 7, Block 15, Townsite of Port Angeles, on which the Port Angeles Hotel, Eckert Building and Williams Building are situated. D. West 4 of Lot 3, East 4 of Lot 4, West 4 of Lot 5 and East 4 of Lot 6, Block 1, Tidelands East of Laurel Street, Townsite of Port Angeles, which is leased to the Downtown Parking Association, Inc., under lease dated October 11, 1961 and expiring August 31, 1986. E. West 40 feet of Lot 2, Block 1, Tidelands East of Laurel Street, Townsite of Port Angeles, which is vacant. 2. The ASSOCIATION states and represents as follows: A. That it is the lessee of the Northerly 185 feet of the West 4 of Lot 4, Block 1, Tidelands East of Laurel Street, Port Angeles Tidelands, Clallam County, Washington, and the East 4 of Lot 5, Block 1, Tidelands -1- East of Laurel Street, Port Angeles Tidelands, Clallam County, Washington, EXCEPT the Southerly 115 feet thereof. B. That it holds an option from Anderson Ford Company for the purchase of Lots 10, 11, and 12 in Block 17, Norman R. Smith's Subdivision of the Townsite of Port Angeles, for $68,000. Said option expires March 8, 1969. C. That it is arranging to sub -lease Lot 13 of Block 16, Norman R. Smith's Subdivision of the Townsite of Port Angeles, on which the Olympian Theatre is presently situated. Said lease expires January 1, 1996. D. That it holds an agreement from John Somers and Alma J. Somers, his wife, whereby they agree to grant an easement to the ASSOCIATION to use the East 10 feet of the East half of Lot 14, Block 15, Townsite of Port Angeles, for the construction of a public corridor and whereby the ASSOCIATION agrees to construct an addition to the North of their present building. E. That it holds a bid from DelGuzzi, Inc., which expired March 2, 1969, but which will be renewed covering the following work: (a) To make certain improvements to the existing ASSOCIATION parking lots on the property mentioned in paragraphs 1 -D and 2 -A, at a cost of $4,500, plus any applicable Washington State sales tax. (b) To do all that is necessary to construct a parking lot on the property described in paragraph 1 -C, at a cost of $44,850, plus any applicable Washington State sales tax. (c) To do all that is necessary to construct a public corridor. through the property described in paragraph 2 -D and to make certain renovations and additions to the building thereon at a cost of $19,900, plus any applicable Washington State sales tax. (d) To do all that is necessary to construct a parking lot on the property described in paragraph 2 -C at a cost of $32,929, plus any applicable Washington State sales tax. (e) To do all that is necessary to construct a parking lot on the property described in paragraph 2 -B, at a cost of $28,575, plus any applicable Washington State sales tax. 3. It is agreed by the parties the financing of the work to be performed shall be done in the following manner: A. The CITY shall invest the sum of $150,000 as follows: 1. Property under paragraph 1 -A $29,336.06 2. Property under paragraph 1 -B 8,224.42 3. Property under parabraph 1 -C $46,444.80 4. By cash $65,993.82 B. The ASSOCIATION shall invest the sum of $150,000 in the following manner: -2- as follows: C. Any money required in excess of $300,000 shall be loaned to the Parking Fund by the City in an amount not to exceed $50,000. [11 -8 -72] TOTAL 1. Improvements on leased property under paragraphs 1 -D and 2 -A 23,467.26 2. Prepaid engineering and development costs 7,961.75 3. By cash $118,570.95 Any loan so made shall be repaid from net revenue of the Off- Street Parking program over a three -year period commencing with 1972 at the 1 year Treasury bill rate prevailing on the date said loan is made, and adjusted to the bill rate on the same date annually thereafter. The repayment of the loan referred to from the General Fund to the Off- Street Parking Fund shall be repair over a two (2) year period, commencing with the year 1975, said loan to be repaid from the net revenue of the Off Street Parking Program at the 1 year treasury bill rate prevailing as of May 27, 1985, and adjusted to the bill rate on the same date annually thereafter. [5- 23 -75] 4. The parties estimate the cost of the project to be Bid under paragraph 2 -B (a) to 2 -D (e) $130,754.00 Washington State Sales Tax at 4.5% 5,803.94 CITY properties under paragraph 3 -A 84,006.18 ASSOCIATION improvements under paragraph 3 -B 23,467.26 Purchase price of property under paragraph 2 -B Improvements to properties under paragraph 1 -B Improvements to properties under paragraph 1 -E Landscaping and Signing Tokens Estimated cost of Parking Meters Contingency ASSOCIATION prepaid costs under paragraph 1 -E 68,000.00 4,000.00 2,500.00 3,000.00 1,045.00 17,518.30 1,863.45 7,961.79 $350,000.00 5. It is mutually agreed that fee title to all properties will be held in the name of the City of Port Angeles, a Municipal Corporation, either before the start of construction or shall be transferred to the City of Port Angeles during or after construc- tion. All leases, agreements, easements, deeds, rights and other documents in respect to properties hereunder shall be assigned to, and inure to the benefit of the City of Port Angeles, and the ASSOCIATION agrees to execute all documents necessary to effect such ownership. ASSOCIATION further agrees to attempt to obtain a statutory Warranty Deed running to the City of Port Angeles for -3- the East ten feet of the East half of Lot Fourteen, Block Fifteen, Townsite of Port Angeles, from John Somers and Alma Somers, his wife, in lieu of the ease- ment mentioned in paragraph 2 -D, PROVIDED, HOWEVER, the CITY will execute a lease to John Somers and Alma J. Somers, covering the basement area under the property so deeded at a rental not to exceed $1 per year and terminate not less than 25 years. 6. It is agreed by the parties that the ASSOCIATION award a contract for construction to DelGuzzi, Inc., for the work mentioned in paragraphs 2 -E (a) through 2 -E (e), inclusive, such construction to be carried out as per bid proposal of N. G. Jacobson Associates dated October, 1965. The CITY hereby gives permission to the ASSOCIATION, its contractors and sub contractors the right to enter any and all property, subject to this agree- ment to carry out the work contemplated hereunder. The CITY further agrees to do any leveling, paving and meter work to properties under paragraphs 1 -A, B and C in order that they may become a part of this agreement. It is understood, however, the property upon which the Olympian Theatre is presently located may be excluded from this agreement in the event the ASSOCIATION is unable to conclude its arrangements for a sub lease. 7. (1) The property covered by this Agreement is to be used for the provision of parking to the general public, and for construction of facilities associated with such use, including, but not limited to, construction of public restrooms, beautification of the parking lots, and other related necessary uses for such property. (2) Parking in such lots may be controlled, both as to hours and conditions of operation, and as to rates and charges for usage, in any manner deemed appropriate by the Association, subject to approved by the Port Angeles City Council. To obtain such approval, the Association shall make a request in writing, explaining its reasons for a change from existing conditions. With regards to rates, the Association shall also submit -4- financial data concerning its request for amendment of charges. The City Council shall respons to the request within thirty (30) days of receipt. Approval of any request by the Association shall not unreasonably be withheld by the City Council. 7.1 (1) The supervision and operation of the parking lots covered by this agreement shall be the sole responsibility of the Association, except that the City may administer the criminal and traffic infraction laws of the State of Washington and the City of Port Angeles in the parking lots. (2) Association shall be responsible for keeping the lots clean, and in good repair, so as to effectuate the purposes of this agreement. (3) Association shall maintain all necessary financial information concerning the operation of the parking lots, so that the City may review this information. Such information shall be available to inspection by the City, on reasonable notice, and at reasonable times and places. 7.2 (1) Association shall save and hold the City harmless from, and defend the City against, any claims or causes of action for property damage or personal injury arising out of, or in any way connected with, the operation by the Association of the parking lots covered by this Agreement, provided, that the City shall be responsible for claims or causes of action arising out of the sole negligence of its employees or agents. (2) The Association shall provide to the City, on an annual basis, proof of existence of comprehensive public liability insurance, or of a self- insurance fund, in an amount sufficient to assure the performance of the covenant contained in paragraph 7.2(1) above. Such insurance shall be in amounts of not less than $500,000 for each each injury, $500,000 for all injuries from a single incident, and $50,000 property damage. The City shall be named as an additional insured on each such policy obtained by the Association. -5- 8. Administration of the parking lot shall be at the discretion of the Association. The City will designate, if requested, a representative to serve ex officio on the Board, Committee, or other governing body established by Association to regulate the lots, or as an advisor to the Association on the operation of the lots. 9. (1) The City hereby agrees to allow the use of the alley for an exit from the lot under Paragraph 2 -C, unless problems are created which will require the discontinuance of the use of the alley. (2) The City agrees that if the Association desires the use of "Ticket Spitters" as additional validation control, such "Ticket Spitters" can be placed at the property lines, unless it shall be determined to be too hazardous for pedestrians, so as to cause the loss to the least number of parking spaces. [10 -6 -83] 10. This agreement shall continue for a term of 25 years, PROVIDED, HOWEVER, that if, upon the expiration of the term of this agreement, the intent and purposes of this agreement, as set forth in the recital, are still desired by the ASSOCIATION and if parking in the Central Business District is still required for downtown parking, this agreement shall be extended an additional term of 25 years. 11. Income to the Association from the operation of the parking lots may be used by the Association for any purpose which is within the legal purposes for which it was created, including but not limited to provision of additional off street parking in the Central Business District, and /or improvements to other Downtown public areas, including, but not limited to, street, sidewalks, alleys, parking lots and utilities. Improvements contemplated hereunder would include undergrounding of utilities, covering of walkways, landscaping, creation of additional public access and other similar public improvements determined to be appropriate by the Association. -6- 12. This Agreement may be amended by written agreement of the parties. Amendment may include deletion of any of the real property described in Paragraph 1 from the terms of this Agreement. 13. This Agreement may not be assigned, without the written consent of both parties to this agreement. 14. Should Association default in any of the terms of this Agreement, the City shall give the Association notice of this breach. The Association shall have a period of one year in which to cure the breach, and bring the actions of the Association into conformance with the terms of this Agreement. If, at the end of such one -year period, the breach is still continuing, then the City may enter upon the properties described in this Agreement, and may either operate the parking lots itself, or may contract the operation of such parking lots to a party other than the Association. Upon such entry for breach, all improvements on the real property covered by this Agreement shall become the property of the City of Port Angeles at the time of entry. 15. At the conclusion of the term of this lease, or at the conclusion of the additional option term provided for in this Agreement, the Association shall surrender the premises covered by this Agreement to the City of Port Angeles. All improvements located on the property at the time of such surrender shall become the property of the City of Port Angeles. [10 -16 -831 16. Parking and Business Improvement Area: 1. PBIA GENERAL ASSESSMENT FEE: Businesses from 1 to 1,000 sq.ft. 60 /year Businesses from 1,000 to 5,000 sq.ft. $100 /year Businesses over 5,000 sq.ft. $150 /year Businesses providing over one -half the parking as required by the Port Angeles Parking Code would be lowered one level in their assessment, although no business will pay less than $60 /year. 2. PBIA INITIATION FEE: Businesses starting operation after September 15, 1985, will be charged a one -time initiation fee of $100. 3 METHOD OF COLLECTING ANNUAL PBIA ASSESSMENT FEES: The City shall bill each business April 1st for membership from that date until March 31st of the following year. The City shall use normal collection procedures for collecting from businesses not paying on time, including the use of small claims court if necessary. 4. METHOD OF AMENDING PBIA BOUNDARIES: Businesses adjacent to the PBIA area may request annexation. The PBIA Board may also request annexation of areas adjacent to the PBIA boundaries. After having received a petition from 60% of the businesses in the area requesting annexation, or a report from the PBIA Board, the City Council shall hold a public hearing to review the request. The City Council may then annex the area. The businesses so annexed would be exempt from the Initiation Fee. 5. METHOD OF AMENDING THE PBIA ASSESSMENT SCHEDULE: The general membership fee and the initiation fee shall be reviewed at least once every two years by the PBIA Board. If the Board finds a change is needed, a request shall be made to the City Council. The Council shall then hold a public hearing to determine whether such a change is needed. The Council may then establish new rates. 6. FINANCIAL CONTROL: The PBIA Board (the Board of the PADA) shall provide by May 1st of each year an operating budget showing the planned use of the funds collected by the PBIA, showing that the use of those funds is in keeping with the purposes established by RCW. At the end of its fiscal year, the Board shall provide a financial report showing the actual expenditures of the funds. The PADA shall, by resolution, designate one or more officials as authorized agents to sign for and receive funds -8- transferred from the City. A certified copy of the resolu- tion, together with Board minutes describing action taken on the resolution shall be provided the City initially and whenever election or other changes to these designated officials occur. The City will not release funds to any other non designated officials. PADA acknowledges that funds transferred to its custody are subject to audit by the Washington State Auditor's Office, Division of Municipal Corporations, and agrees to implement and maintain generally accepted accounting controls and documentation necessary to demonstrate that funds are expended for purposes specified in this agreement. Each month, the City shall provide a financial report of the funds it has collected or is holding in reserves, and shall provide these funds as they are requested by the Board, as specified above. 7. TERMINATION OF THE PBIA: The City Council, upon receipt of a petition of business owners of 60% of the membership fee, may review the PBIA and terminate it. If at any time the City Council reviews the management of the PBIA by the PADA and finds the PBIA is not being managed in accordance with the RCW, the Council shall notify the Board of the problem and give the Board six months to correct the situation. If in six months the Council finds the Board still not in keeping with the RCW, the Council may terminate its agreement with the PADA concerning the PBIA, may choose another administrator, or may terminate the PBIA. 8. NOTIFICATION OF CHANGE IN PBIA MEMBERSHIP: With the monthly financial statement, the City shall provide the names of any new businesses in the PBIA area. It shall be the responsibility of City officials to notify the PADA of any new businesses beginning operation within district boundaries. PADA will determine and notify the City of -9- proper assessments for new businesses. Changes in assess- ments for existing businesses shall be approved by PBIA officials. The City will notify the PBIA of business turnover within the district and confirm proper assessments for billing. 9. PRORATION OF DUES: The dues of new businesses entering the PBIA area will be prorated on a quarterly basis, with the business being charged only for any quarter during which the business operates. 10. CALCULATION OR NEGOTIATION OF PARKING ASSESSMENT FOR NEW OR CHANGING BUSINESSES: The PBIA Board, with the approval of the City Council, may negotiate a change in the fee based on "in- kind" contribu- tions, such as (but not limited to) long -term leases of additional parking at another location, space allocated for street -to- street walk throughs, etc. The PBIA Board and the developer may negotiate a payment schedule with appropriate interest, provided that the full amount be paid within five years. [Proposed, 11 -5 -85] IN WITNESS WHEREOF, the parties have executed this agreement this day of March, 1969. CITY OF PORT ANGELES BY: ATTEST: Mayor Secretary DOWNTOWN PARKING ASSN., INC. BY: STATE OF WASHINGTON COUNTY OF CLALLAM SS: On this day of 1983, personally appeared DOROTHY DUNCAN, Mayor, and MERRI A. LANNOYE, City Clerk, to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES, and the parties who executed the within and foregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of the CITY OF PORT ANGELES. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certificate above written. STATE OF WASHINGTON SS: COUNTY OF CLALLAM NOTARY PUBLIC in and for the State of Washington, residing at Port Angeles. On this day of 1983, before me per- sonally appeared and to me known to be the President and Secretary, respectively, of DOWNTOWN PARKING ASSOCIATION, INC., the corpora- tion that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Port Angeles IN WITNESS WHEREOF, the parties have executed this agreement this day of 1983. CITY OF PORT ANGELES BY: ATTEST: Mayor Clerk DOWNTOWN PARKING ASSN., INC. BY: b- t :A,GREEMENT THIS AGREEMENT entered into by and between the CITY OF PORT ANGELES, a Municipal Corporation, hereinafter referred to as the "CITY" and THE DOWNTOWN PARKING ASSOCIATION, INC., a Washington Corporation, hereinafter referred to as the "ASSOCIATION", W I T N E S S E T H: WHEREAS, the ,parties desire to enter into an agreement to provide. downtown parking in -the City of Port Angeles at the lowest possible cost to customers and users, and to provide a means of ac- cumulating funds for maintenance and future development of parking in the Port Angeles downtown central business district; and to provide a uniform system of off-street parking in the area referred to herein. NOW, in consideration of the mutual promises here- in contained and other valuable consideration, it is AGREED as follows: 1. The CITY states and represents that it is the owner of the following described properties situated in Port Angeles, Clallam County, Washington: A. Lots 2, 3, 4, 5, 6 and 7, Block 14, Town site of Port Angeles on which off street metered parking is provided. B. North 150 feet of the South 160 feet of Lots 5 and 6, Block 1, Tidelands West of Laurel Street, Townsite of Port Angeles, on which all day parking is provided. C. Lots 5, 6 and 7, Block 15, Townsite of Port Angeles, on which the Port Angeles Hotel, Eckert Building and Williams Build- ing are situated. D. West 1/2 of Lot 3, East 1/2 of Lot 4, West 1/2 of Lot 5 and East 1/2 of Lot 6, Block 1, Tidelands East of Laurel Street, Townsite of Port Angeles, which is leased to the Down- town Parking Association, Inc. under lease dated October 11, 1961 and expiring August 31, 1986. s� E. West 40 feet of Lot 2, Block 1, Tidelands .East of Laurel Street, Townsite of Port Angeles, which is vacant. 2. The ASSOCIATION states and represents as follows: A. That it is the lessee of the Northerly 185 feet of the West 1/2 of Lot 4, Block 1, Tidelands East of Laurel Street, Port Angeles Tidelands, Clallam County, Wash- ington, and the East 1/2 of Lot 5, Block 1, Tidelands East of Laurel Street, Port Angeles Tidelands, Clallam County, Wash- ington, EXCEPT the Southerly 115 feet thereof. B. That it holds an option from Anderson Ford Company for the purchase of Lots 10, 11 and _12 in Block 17, Norman R. Smith's Sub- division of the Townsite of Port Angeles, for $68,000.00. Said option expires March 8, 1969. C. That it is arranging to sub -lease Lot 13 of Block Norman R. Smith's Subdivision of the Townsite of Port Angeles, on which the Olympian Theatre is presently situated. Said lease expires January 1, 1996. D. That it an agreement from John Somers and Alma J. Somers, his wife, whereby they agree to grant an easement to the ASSOCIATION to use the East 10 feet of the East half of Lot 14, Block 15, Townsite of Port Angeles, for the construction of a public corridor and whereby the ASSOCIATION agrees to construct an addition to the North of their present building. E. That it holds a bid from DelGuzzi, Inc. which expired March 2, 1969, but which will be re- newed covering the following work: (a) To make certain improvements to the existing ASSOCIATION parking lots on property mentioned in paragraphs 1 -D and 2 -A, at a cost of $4500.00, plus any applicable Washington State sales tax. (b) To do all that is necessary to con- struct a parking lot on the property described in paragraph 1 -C, at a cost of $44,850.00, plus any applicable Washington State sales tax. (c) To do all that is necessary to con- struct a public corridor through the property described in paragraph 2 -D and to make certain renovations and additions to the building thereon at a cost of $19,900.00, plus any appli- cable Washington State sales tax. follows: (d) To do all that is necessary to con- struct a parking lot cn the property described in paragraph 2-C at a cost of $32,929.00, plus any applicable Washington State sales tax. (e) To do all that is necessary to con- struct a parking lot on the property described in paragraph 2 -B, at a cost of $28,575.00, plus any applicable Washington State sales tax. 3. It is agreed by the parties the financing of the work to be performed shall be done in the following manner: A. The CITY shall invest the sum of $150,000.00 as follows: 1. Property under paragraph 1 -A $29,336.96 2. Property under paragraph 1, -B 8,224.42 3. Property under paragraph -C $46,444.80 4. By cash $65,993.82 B. The ASSOCIATION shall invest the sum of $150,000.00 in the following manner: 1. Improvements on leased property under paragraphs 1 -D and 2 -A 2 3,46 7.26 2. Prepaid engineering and development costs 7,961.79 3. By cash $118,570.95 C. Any money required in excess of $300,000.00 shall be loaned to the parking funds by .the CITY in an amount not to exceed $50,000.00 Any loan so made shall be repaid from net revenues of the off street parking program amortized over 25 years at the one -year Treasury Bill rate prevailing on the date said loan is made, and adjusted to the Bill Rate on the same date annually thereafter. 4. The parties estimate the cost of the project to be as Bid under paragraph 2 -E (a) to 2 -E (e) $130,754.00 Washington State Sales Tax at 4.50 5,883.94 CITY properties under paragraph 3 -A 84,006.18 ASSOCIATION improvements under paragraph 3 -B $23,467.26 Purchase price of property under paragraph 2 -B 68,000.00 Improvements to properties under paragraph 1 -B 4,000.00 Improvements to properties under paragraph 1 -E 2,500.00 -3- Landscaping and Signing 3,000.00 Tokens 1,045.00 Estimated cost of Parking Meters 17,518.38 Contingency 1,863.45 ASSOCIATION prepaid costs under paragraph 1 -E 7,961.79 TOTAL $350,000.00 5. It is mutually agreed that fee title to all properties will be held in the name of the City of Port Angeles, a Municipal Cor- poration, either before the start of construction or shall be trans- ferred to_the City of Port Angeles during or after construction. All leases, agreements, easements, deeds, rights and other documents in respect to properties hereunder shall be assigned to, and inure to the benefit of the City of Port Angeles, and the ASSOCIATION agrees to exe- cute all documents necessary to effect such ownership. ASSOCIATION further agrees to attempt to a statutory Warranty Deed running to the City of Port_Angeles for -the East ten feet of the East half of Lot Fourteen, Block Fifteen, Townsite of Port Angeles, from John Somers and Alma Somers, his wife, in lieu of the easement mentioned in paragraph 2 -D, PROVIDED, HOWEVER, the CITY will execute a lease to John Somers and Alma J. Somers, covering the basement area under the property so deeded at a rental not to exceed $1.00 per year and terminate not less than 25 years. 6. It is agreed by the parties that the ASSOCIATION award a contract for construction to DelGuzzi, Inc. for the work mentioned in paragraphs 2 -E (a) through 2 -E (e) inclusive, such construction to be carried out as per bid proposal of N. G. Jacobson 8 Associates dated O r C' 1. The CITY hereby gives permission to the ASSOCIATION, its contractors and sub contractors the right to enter any and all prop- erty, subject to this agreement to carry out the work contemplated here- under. The CITY further agrees to do any leveling, paving and meter work to properties under paragraphs 1 -A, B and C in order that they may -4- become a part of this agreement. It is understood, however, the property upon which the Olympian Theatre is presently located may be excluded from this agreement in the event the ASSOCIATION is un- able to conclude its arrangements for a sub- lease. 7. All parking lots subject to this agreement controlled by way of parking meters and /or other control sidered necessary. It is contemplated at this time that the method of control will be by way of installation of three -hour, or more, meters with 10 per hour charges, with the first hour being made available to customers of ASSOCIATION's members through the use of tokens, but that some•all- day meters will be installed at the rate of 25 for ten hours. The CITY agrees to furnish and pay for personnel to supervise and con- trol lots and to supervise and pay for maintenance of all properties and repair of meters. CITY futher agrees to collect and to account for meter receipts and fines for overparking. Expenses of operation of the lots __mentioned herein shall be deducted from said receipts and a full accounting given to the ASSOCIATION each month. Costs attributed to personnel shall be only for actual time expended with no charge for overhead. The ASSOCIATION is hereby granted the exclusive right to provide and control the use of tokens and the ASSOCIATION will redeem from the CITY all tokens which are collected from the parking meters on the lots at the rate of l per token, such payment to be considered as part of the revenue of the parking project. If it is found that controls, without validating equipment, are inadequate, the cost of additional validating equipment is to be paid for by each party, in equal shares. The initial cost of meters, supply of tokens and other supplies shall be borne equally by the parties hereto. 8. Subject to the final approval of the CITY, the parking projects herein agreed upon shall be administered by an advisory board consisting of three (3) members, one member to be appointed by the CITY and two (2) members to be appointed by the ASSOCIATION, it being under- stood this provision shall not be in derogation of any rights of the are to be devices con- parties hereto; or the enforcement of the terms and provisions herein contained.The advisory committee shall, in addition to any other duties delegated to it by the parties, recommend locations for parking, methods of parking, charges for parking, redemptions of tokens and placement of meters If, in the opinion of the advisory board sufficient reserves are not being accumulated, or if the project is losing money, it may recommend that the cost to the ASSOCIATION for redemption of tokens be increased in such amounts as deemed necessary to place the project on •a sound financial basis. Failure of the ASSOCIATION to pay an additional. redemption charge shall -be sufficient to allow the CITY to terminate this agreement in the event .such additional charge is not paid after thirty (30) days notice, in writing, to the ASSOCIATION. In the event the 're- serve fund accumulates more than is necessary, the advisory board may \L e recommend -a_ reduction in the cost of the redemption fee for tokens, al- low the ASSOCIATION to increase the time made available to its customers, or to reduce the hourly parking fee. Any income in excess of expense shall be held by the CITY in a reserve fund for additional off street parking in the central business district. 9. It is agreed by the parties the following procedures shall be followed at the commencement of operations if it is practical to do so: A. The ASSOCIATION desires that the l per token charge be held for the first five (5) years if at all possible. B. The CITY agrees to maintain all parking lots for off street parking properties, unless mutually agreed by both parties to their use for other purposes. C. The CITY hereby agrees to allow the use of the alley for an exit from lot under para- graph 2 -C, unless problems are created which would require the discontinuance of the use of the alley. D. The CITY agrees that if the advisory board advises the use of "Tickets Spitters" as additional validation control, that such "Ticket Spitters" can be placed at the property lines, unless it shall be deter- mined to be too hazardous for pedestrians at this.time they will be placed so as to cause the loss of the least number of park- ing spaces. 10. This agreement shall continue for a term of 25 years, PROVIDED, HOWEVER, that if, upon the expiration of the term of this agreement, the intent and purposes of this agreement, as set forth in the recital, are still desired by the ASSOCIATION and if parking in the central business district is still required for downtown parking, this agree- ment shall be extended an additional term of 25 years. this 7 TA/ day of March, 1969. 1/4 IN WITNESS WHEREOF, the parties have executed this agreement CITY OF PORT ANGELES By or A' ST: W7 ef Secretary DOWNTOWN PARKING ASSOCIATION, INC. .1:, 1 r, B. 6244,64n I.„4_ 4 8 r -4•..: I -1, l I 1 i s v .0\ STATE OF WASHINGTON SS COUNTY OF CLALLAM On this 7th day of March, 1969, personally appeared JOSEPH W. WOLFE, Mayor, and BEAULAH MCNEECE, City Clerk, to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES, and the parties who executed the within and foregoing instrument, and they acknowledged said instrument to be the free and volun- tary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of the CITY OF PORT ANGELES. IN WITNESS WHEREOF, I have hereunto set my hand and offi$ 1,,, seal the and_year first in this certificate above writtei4 0.? i for /)r N ;1 il ,_STATE OF WASHINGTON 2) SS COUNTY OF CLALLAM Notary Public/in and State of Washington, at Port Angeles. my official seal the day and year first above written. r 4 vu -i Notary Public in and State of Washington, at Port Angeles. On this 7th day of March, 1969, before me personally appeared JAMES E. ROBINSON and ARTHUR H. MERTZ, to me known to be the President and Secretary, respectively, of DOWNTOWN PARKING ASSOCIATION, INC., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixedm w) for'-, the', t, ;f 7 residing;' SECOND AMENDMENT TO AGREEMENT OF WHEREAS an Agreement was entered into by and between the CITY OF PORT ANGELES, a municipal corporation, hereinafter referred to as the CITY, and the DOWNTOWN PARKING ASSOCIATION, INC., A Washing- ton corporation,_hereinafter referred to as the ASSOCIATION, on the 7th day of March, 1969, which Agreement has been fully performed by each party hereto, and:: WHEREAS the said Agreement makes,reference to the use of tokens` in- .connection with metered parking, and WHEREAS -an Amendment,to the above Agreement dated d -and executed the 7th day,,of "August;- 1974, makes reference to charges of one penny in connoction_ t m4 ered parking, and WHEREAS it appearing the use of tokens and the contem- plated 'use:' pennies, is mutually unsatisfactory, it is therefore in consideratiori oi`\nutual advantages herein contained agreed March 7, 1969 by both parties hereto that Paragraph 7 of the Amendment Agreement of March 7, 1969 -is hereby amended to read as follows in its entirety: -7. "All parking lots subject to this Agreement are to be controlled by the use of parking meters and /or other control 'devices considered necessary. It is contemplated at this time that the method of control will be by installation of 3 -hour meters, with the first hour being made available to the public at no charge, 5c for each additional one -half hour or 10 for each additional one hour; but that some all day meters will be installed to be made available to the public at the rate of 25 for ten hours. The CITY agrees to furnish and pay for personnel to supervise and control lots and to supervise and pay for maintenance of all properties and repair of meters. The CITY further agrees to collect and to account for meter receipts and fines for over parking. shall remain in full force and effect. By By By By Page Two Expenses of operation of the lots mentioned herein shall be deducted from said receipts and a full accounting given to the ASSOCIATION each month. .Costs attributed to person- nel shall be only for actual time expended with no charge for overhead." Subject to the foregoing Amendment and the Amendments dated August 7, 1974 with the exception of Paragraph 7 as stated therein, the contract as- entered_ into- between the parties on: March 7, 1969, IN WITNESS WHEREOF, the parties have executed this Agreement this 3h.. day -of- it, Al 1974. 1 CITY OF PORT ANGELES Mayor Pretident i City, Clerk 7 DOWNTOWN PARKING ASSOC TION, INC. STATE OF WASHINGTON) ss. COUNTY OF CLALLAM On this 3 day of s 0 1974, before me, the under- signed, a Notary Public in and for the State of Washington, duly 1 1 0 I STATE OF WASHINGTON) ss. COUNTY OF CLALLAM ci commissioned and sworn, personally appeared, C. VERNON BASOM, I4ayor, and MARIAN C. PARRISH, City Clerk, to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES, and the parties who executed the within and foregoing instrument, and they acknowledged said instru- ment to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of the CITY OF PORT ANGELES. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certificate above written. i ti- ,Notary Public in_ and for the State of Washington, residing at Port Angeles. On this 3day of ej 1974, before me person- ally appeared WILLIAM BORK and RICHARD LONG, to me known to be the President and Secretary, respectively, of DOWNTOWN PARKING ASSOCIATION, INC. the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be'the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute saidoinst /Aliment, and that the seal affixed is the corporate seal of sa'i4 'corpdration. 1N0 WHEREOF, I have hereunto set my hand and affixed m o, f \,ic' ai seal the day and year rst a j e written. Notary Public in and for theate of Washington, residing at Port Angeles. AMENDMENT TO AGREEMENT OF March 7, 1969 z was WHEREAS an Agreement /entered into by and between the CITY OF PORT ANGELES, a Municipal Corporation, hereinafter referred to as the CITY, and the DOWNTOWN PARKING ASSOCIATION, INC., a Washington Corporation, hereinafter referred to as the ASSOCIATION, on the 7th day of March, 1969, which agreement has•been fully performed by each party hereto, and WHEREAS the said agreement makes reference to the us of tokens in connection with metered parking, and WHEREAS it appearing the continued use of tokens is mutually unsatisfactory, it is therefore in consideration of mutual advantages herein contained agreed by both parties hereto that the agreementof`March 9, 1969, is hereby amended to read as follows: Paragraph 7, which reads, "All parking lots subject to this agreement are to be controlled by way of parking meters and /or other control devices considered necessary, It is contem- plated at this time that the method of control will be by way of installat_on of three -hour, or more, meters with 1O' per hour charges, with the first hour being made available to cus- tomers of ASSOCIATION'S members through the use of tokens, but that some all day meters will be installed at the rate of 25' for ten hours.. The CITY agrees to furnish and pay for personnel to supervise and control lots and to supervise and pay for main- tenance of all properties and repair of meters. CITY further agrees to collect and to account for meter receipts and fines for overparking. Expenses of operation of the lots mentioned -herein shall be deducted from said receipts and a full accounting given to the ASSOCIATION each month. Costs attributed to personnel shall be only for actual time expended with no charge for overhead. The ASSOCIATION is hereby granted the exclusive right to provide and control the use of tokens and the ASSOCIATION will redeem from the CITY all tokens which are collected from the parking meters on the lots at the rate of 1C per token, such payment to be considered as part of the revenue of the parking project. If it is found that controls, without validating equipment, are inadequate, the'cost of additional validating equipment is to be paid for by each party, in equal shares. The initial cost of meters, supply of tokens and other supplies shall be borne equally by the parties hereto is hereby amended to read as follows: 7. "All parking lots subject to this agreement are to be controlled by the use of_parking meters and /or other control devices considered necessary. It is contemplated at this time that the method of control will be by wfty of installation of three -hour, or more, meters with 10 per hour charges, with the first hour being made available to the public through the use of one penny, with the second hour being made available to the public for an additional one- penny charge, with the third hour being available to the public for an additional 10 charge, but that some all day meters will be installed at the rate of 25fi for ten hours. The CITY agrees to furnish and pay for personnel to supervise and control lots and to supervise and pay for maintenance of all properties and repair of meters. The CITY further agrees to collect and to account for meter receipts and fines for over parking. Expenses of operation of the lots mentioned herein shall be deducted from said receipts and a full accounting given to the ASSOCIATION each month. Costs attributed to personnel shall be only for actual time expended with no charge for overhead. Page Two 0 Page TIIREE 8. Paragraph 8, which reads, "Subject to the final approval of the City, the parking projects herein agreed upon shall be administered by an advisory board consisting of three (3) members, one member to be appointed by the CITY and two (2) members to be appointed by the ASSOCIATION, it being understood this provision shall not be in derogation of any rights of the parties hereto, or the enforcement of the terms and provisions herein contained. The advisory committee shall, in addition to any other duties delegated to it by the parties, recommend locations for parking, methods of parking, charges for parking, redemptions of tokens and placement of meters. If, in the opinion of the advisory board sufficient reserves are not being accumulated, or if the project is losing money, it may recommend that the cost to the ASSOCIATION for redemption of tokens be increased in such amounts as deemed necessary to place the project on a sound financial basis. Failure of the ASSOCIATION to pay an additional redemption .charge shall be sufficient to allow the CITY to terminate this agreement in the event such additional, charge is not paid after thirty (30) days notice,_ _in writing, to the ASSOCIATION. In the event the reserve fund accumulates more than is necessary, the advisory board may recommend a reduction in the cost of the redemtion fee for tokens, allow the ASSOCIATION to increase the time made available to its customers, or to reduce the hourly parking fee. Any income in excess of expense shall be held by the CITY in a reserve fund for additional off street parking in the central business district," is hereby amended to read as follows: 8. "Subject to the final approval of the CITY, the parking projects herein agreed upon shall be administered by advisory board consisting of three (3) members, or member to be appointed by the CITY and two (2) members to be appointed by the ASSOCIATION, it being understood this provision shall not be in derogation of any rights of the parties hereto, or the enforcement of the terms and provisions herein contained. The advisory committee shall, in addition to any other duties delegated to it by the parties, recom- mend locations for parking, methods of parking, charges for parking, and placement of meters. If, in the opinion of the advisory board sufficient reserves are not being accumulated, or if the project is losing money, it may recommend that the cost to the ASSOCIATION be increased in such amounts as deemed necessary to place the project on a self- sufficient financial basis. Failure of the ASSOCIATION to pay an additional charge shall be sufficient to allow the CITY to terminate this agreement in the event such additional charge is paid after thirty (30) days notice, in writing, to the ASSOCIATION. In the event the reserve fund accumulates more than is necessary, the advisory board may recommend a reduction in the charges to the ASSOCIATION and allow the ASSOCIATION to increase the time made available to its customers, or to reduce the hourly parking fee. Any revenue in excess of '.expense shall be held by the CITY in a reserve fund for additional off- street parking in the central business district." Paragraph 9, which reads; "It is agreed by the parties the following procedures shall be followed at the commencement of operations if it is practical to do so: A. The ASSOCIATION desires that the 1 per token charge be held for the first five (5) years if at all possible. B. The CITY agrees to maintain all parking lots for off street parking properties, unless mutually agreed by both parties use for other purposes. C. The CITY hereby agrees to allow the use of the alley _for an exit from lot under paragraph 2-C unless problems are created which would require the discontinuance of the use of the alley. The CITY agrees that if the advisory board advises the use of the "Tickets Spitters" as additional validation control, that such "Ticket Spitters" can be placed at the property lines, unless it shall be determined too hazardous for pedestrians at this time they will be placed so as to cause the loss of the least number of parking spaces, is hereby amended to read as follows: Page FOUR _,e r. r:Y )i AM' 9. IT IS AGREED BY THE PARTIES the following procedures which have been followed since the commencement of the contract of March 7, 1969, shall be continued to be in full force if it is practical so to.do: A. The CITY agrees to maintain all parking lots for off street parking properties, unless mutually agreed by both parties to their use for other purposes. B. The CITY hereby agrees to allow the use of the alley for an exit from lot under paragraph 2-C unless problems are created which would require the discontin- uance of the use of the alley. C. The CITY agrees that if the advisory board advises the use of "Tickets Spitters" as additional validation control, that such "Ticket Spitters" can be placed at the property lines, unless it shall be determined to be too hazardous for pedestrians at this time they will be placed so as to cause the loss of the least number of parking spaces. Subject to the following amendments the contract as entered into between the parties on March 7, 1969, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement this r day of August,,1974. CITY OF PORT ANGELES by:.!ri� Mayor by: e,e City Clerk DOWNTOWN PARKING ASSOCIATION, INC. by: resit ent by: Secretary 0 A G R E E M E N T THIS AGREEMENT, entered into by and between the CITY OF PORT ANGELES, a Municipal Corporation, hereinafter referred to as the "CITY and the PORT ANGELES DOWNTOWN ASSOCIATION, a Washington Corpora- tion, including all of its committees and sub committees designated to administer parts of this Agreement, hereinafter referred to as the "ASSOCIATION W I T N E S S E T H NOW, THEREFORE, in consideration of the mutual promises 5.7 WHEREAS, the parties desire to enter into an agreement to provide Downtown parking in the City of Port Angeles at the lowest possible cost to customers and users, and to provide a means of accumulating funds for maintenance and future development of parking in the Port Angeles Downtown Central Business District; and to provide a uniform system of off street parking in the area referred to in Section I, below; and to provide for the operation and administration of the Parking and Business Improvement Area (PBIA), enacted by the Port Angeles City Council by Ordinance No. 2351 and its amendment, Ordinance No. 2360; herein contained, it is agreed as follows: I Operation and Administration of the Off Street Parking Lots. The purpose of this section is to provide for the terms and conditions governing the use of certain real property owned by the Association and the City being used for the provision of off- street parking, improve- ments to parking areas, and future additional parking in the City's Central Business District. A. The City states and represents that it is the owner of the following described properties situated in Port Angeles, Clallam County, Washington: 1. Lots 2, 3, 4, 5, 6 and 7, Block 14, Townsite of Port Angeles, on which off street metered parking is provided. 2. North 150 feet of the south 160 feet of Lots 5 and 6, Block 1, Tidelands west of Laurel Street, Townsite of Port Angeles, on which all -day parking is provided. 3. Lots 5, 6 and 7, Block 15, Townsite of Port Angeles, on which the Port Angeles Hotel, Eckert Building and Williams Building are situated. 4. West one -half of Lot 3, east one -half of Lot 4, west one -half of Lot 5 and east one -half of Lot 6, Block 1, Tidelands East of Laurel Street, Townsite of Port Angeles, which is leased to the Downtown Parking Association, Inc., (now known as the Association), under lease dated October 11, 1961, and expiring August 31, 1986. 5. West 40 feet of Lot 2, Block 1, Tidelands East of Laurel Street, Townsite of Port Angeles, which is vacant. B. The Association states and represents as follows: 1. That it is the lessee of the northerly 185 feet of the west one -half of Lot 4, Block 1, Tidelands East of Laurel Street, Port Angeles Tidelands, Clallam County, Washington, and the east one -half of Lot 5, Block 1, Tidelands East of Laurel Street, Port Angeles Tidelands, Clallam County, Washington, EXCEPT the southerly 115 feet thereof. 2. That it owns Lots 10, 11, and 12 in Block 17, Norman R. Smith's Subdivision of the Townsite of Port Angeles. 3. That it is sub lessee of Lot 13, Block 16, Norman R. Smith's Subdivision of the Townsite of Port Angeles, which lease expires January 1, 1996. 4. That it holds an agreement from John Somers and Alma J. Somers, his wife, whereby they agree to grant an easement to the Association to use the east 10 feet of the east half of Lot 14, Block 15, Townsite of Port Angeles, for the construction and use of a public corridor. C. It is mutually agreed that fee title to all properties will be held in the name of the City. All leases, agreements, ease- ments, deeds, rights and other documents in respect to properties hereunder shall be assigned to, and inure to the benefit of, the City, and the Association agrees to execute all documents necessary to effect and continue such ownership. Association further agrees to obtain a statutory Warranty Deed running to the City of Port Angeles for the east 10 feet of the east half of Lot 14, Block 15, Townsite of Port Angeles, specified in Section B -4 above. D. The property covered by this Section of the Agreement is to be used for the provision of parking to the general public, for construction of facilities associated with such use, including but not limited to, construction of public restrooms, beautification of the parking lots, and other related necessary uses or improvements for such property. -2- Parking in such lots may be controlled, both as to hours and conditions of operation and as to rates and charges for usage, in any manner deemed appropriate by the Association, subject to approval by the City. To obtain such approval, Association shall make a request in writing, explaining its reasons for a change from existing condi- tions. Regarding rates, the Association shall also submit financial data concerning its request for amendment of charges. The City shall respond to the request within thirty (30) days of receipt. Approval of any request by the Association shall not unreasonably be withheld by the City. E. The supervision and operation of the parking lots covered by Section I of the Agreement shall be the sole responsibility of the Association, except that the City may administer the criminal and traffic infraction laws of the State of Washington and the City in the parking lots. F. The Association shall be responsible for keeping the lots clean and in good repair so as to effectuate the purposes of Section I of the Agreement. G. Administration of the parking lots shall be at the discretion of the Association. The City will designate, if requested, a representative to serve ex officio on the Board, Committee, or other governing body established by the Association to regulate the lots, or an advisor to the Association on the operation of the lots. If Section I of the Agreement should terminate for any reason, the Association shall surrender the premises covered by this Agreement to the City. All improvements located on the property described in Section I at the time of surrender shall become the property of the City. II. Operation and Administration of the Parking and Business Improvement Area enacted by the City under Ordinance No. 2351, as amended by Ordinance No. 2360: The purpose of this Section is to describe the terms and conditions for the operation of the Parking and Business Improvement Area (PBIA), enacted by the Port Angeles City Council under Ordinance No. 2351 and amended by Ordinance No. 2360, which improvement area is to be jointly administered by the City and Association. -3- A. PBIA General Assessment Fee. The following schedule of annual assessments shall be in force for any business located within the PBIA boundaries described by Ordinance No. 2351: 1. Business from 1 to 1,000 sq.ft.: 60 /year; 2. Business from 1,000 to 5,000 sq.ft.: $100 /year; 3. Businesses over 5,000 sq.ft.: $150 /year. Businesses providing over one -half the parking as re- quired by the Port Angeles Parking Code would be lowered one level in their assessment, although no business will pay less than $60 /year. B. PBIA Initiation Fee. Businesses starting operation after September 15, 1985, will be charged a one -time initiation fee of $100. C. Method of Collecting Annual PBIA Assessment Fees. The City shall bill each business once annually on April 1st of each year for membership in the PBIA from that date until March 31st of the following year. The City shall use normal collection procedures for collecting assessments, including those procedures for delinquent accounts, including reminder notices, late interest penalties, and if necessary, filing in Small Claims Court to prompt collection. D. Method of Amending PBIA Boundaries. Businesses adjacent to the PBIA area may request annexation. The Association Board or the Association sub committees governing the PBIA may also request annexa- tion of areas adjacent to the PBIA boundaries. After having received a petition from 60% of the businesses in the area requesting annexation, or a report from the Association Board or Committees governing the PBIA, the City shall hold a public hearing to review the request. The City may then annex the area. The businesses so annexed would be exempt from the initiation fee provided in Section II -B, above. E. Method of Amending the PBIA Assessment Schedule. The general membership assessment and the initiation fee shall be reviewed at least once every two years by the Association and its committees or sub committees governing the operation of the PBIA. If the Association finds a change is needed, a request shall be made to the City. The City Council shall then hold a public hearing to determine whether such a change is needed. The City may then establish new rates. -4- F. Termination of the PBIA. The City Council, upon receipt of a petition of business owners of 60% of the membership, may review the PBIA and terminate it. If at any time the City reviews the management of the PBIA by the Association and finds that it is not being managed in accordance with State statutes or the terms of this Agreement, the city shall notify the Board of the problem and give the Board six months to correct the situation. If, in six months, the City finds that the operation of the PBIA is still not in accordance with the State stature or governing body of this Agreement, the City may terminate Section II of the Agreement with the Association concerning operation of the PBIA, may choose and appoint another administrator, or may terminate the PBIA. In such event, the City will implement procedures and hold a public hearing with respect to the dissolution of any assets acquired by the PBIA during its operation. G. Notification of Change in PBIA Membership. It shall be the responsibility of the City to notify the Association of any new businesses beginning operation within PBIA district boundaries. The Association will then determine and notify the City of proper assess- ments for new businesses. Changes in assessments for existing busi- nesses shall be approved by the Association. The City will notify the Association of business turnover within the district and the Associa- tion will fix new assessments for such businesses and notify the City for billing. H. Proration of Dues. The membership assessments of any new business entering the PBIA area will be prorated on a quarterly basis, with the business being charged only for any quarter during which the business operates. This proration shall not apply to the one -time initiation fee specified in Section II -B, above. I. Calculation or Negotiation of Parking Assessment for New or Changing Businesses. The Association, or the sub committees and committees governing operation of the PBIA, with approval of the City, may negotiate a change in the fee based on "in- kind" contributions, such as (but not limited to) long -term leases of additional parking at another location, space allocated for street -to- street walkOthroughs, etc. The Association and the developers involved may negotiate a -5- payment schedule with appropriate interest, provided that the full amount of the assessment must be paid within five years. III. General Terms and Conditions. The purpose of this Section is to describe terms and conditions common to operation of the R -3 parking lots and PBIA specified in Sections I and II, above. A. The Association shall provide, by May 1st of each year, an operating budget showing the planned use of funds collected from operation of the off street parking lots and PBIA, showing that the use of those funds is in keeping with the purposes established by this Agreement and /or State statute. At the end of each fiscal year, the Association shall provide a financial report showing the actual expendi- tures of the funds. The Association shall, by resolution, designate one or more officials as authorized agents to sign for and receive funds transferred to its custody from the City. A certified copy of the resolution, together with Board minutes describing action taken on the resolution, shall be provided the City initially, and whenever election or other changes to those designated officials occur. It is agreed and understood that the City will not release funds to any other non designated official of the Association. The Association acknowl- edges that funds transferred to its custody are subject to audit by the Washington State Auditor's Office, Division of Municipal Corporations; and agrees to implement and maintain generally accepted accounting controls and documentation necessary to demonstrate that funds are expended for purposes specified in this Agreement. Each month the City shall provide a financial report of the funds it has collected from the off street parking and PBIA operations, or is holding in its reserves, and shall provide these funds as they are requested by the Board, as specified above. The City will administer off street parking funds and income from the PBIA within generally accepted accounting standards provided by the Washington State Auditor's Office. The financial information concerning operation of the parking lots and PBIA shall be maintained by the Association in a manner that enables the City to review them from time to time. The financial information shall be available to inspection by the City, on reasonable notice, and at reasonable times and places. -6- B. Hold Harmless Agreement. The Association shall save and hold the City harmless from, and indemnify and defend the City against, any claims or causes of action for property damage or personal injury arising out of, or in any way connected with, the operation by the Association of the off street parking lots covered by Section I of this Agreement and the PBIA operation, covered by Section II of this Agree- ment; provided that the City shall be responsible for claims or causes of action arising out of the sole negligence of its employees or agents. C. Insurance. The Association shall provide the City, on an annual basis, proof of existence of comprehensive public liability insurance, or of a self insurance fund, in an amount to assure the performance of the covenants contained in this Agreement. Such insurance shall be in the amounts of not less than $500,000 for each injury, $500,000 for all injuries from a single incident, and $50,000 property damage. The City shall be named as an additional insured on each such policy obtained by the Association. D. Term of the Agreement. This Agreement shall continue for a term of 25 years; provided, however, that if, upon expiration of the term of this Agreement, the intent and purposes of this Agreement, as set forth above, are still desired by the Association, and if park- ing and operation of the PBIA in the Central Business District is still required for purposes of this Agreement, then this Agreement may be extended for an additional 25 -year term. E. Income From the Operation of Off Street Parking Lots and PBIA. Income to the Association from the operation of the off street parking lots and PBIA, may be used by the Association for any purpose which is within the legal purposes for which it was created, including but not limited to provision of additional off street parking in the Central Business District, and /or improvements to other Downtown public areas, including but not limited to streets, sidewalks, alleys, parking lots, and utilities. Improvements contemplated hereunder would include undergrounding of utilities, covering of walkways, landscaping, crea- tion of additional public access, and other similar public improvements determined to be appropriate by the Association. Income may also be used for any purpose for which the PBIA was organized, either in the -7-- initiation petition creating PBIA boundaries, or for other authorized purposes specified in Revised Code of Washington (RCW) 35.87A.010. The income from special assessments and initiation fees may be transferred to the Association in the same manner as any other income derived from the operation of these two entities. F. Amendments. This Agreement may be amended by written agreement of the parties. Amendments may include deletion of any of the real property described in Section I, above, from the terms of this Agreement. G. Assignment. This Agreement shall not be assigned without the written consent of both parties. H. Default. Should Association default in any of the terms of this Agreement, the City shall give the Association notice of this breach. The Association shall have a period of six months in which to cure the breach and bring the actions of the Association into conform- ance with terms of this Agreement. If, at the end of such six -month period, the breach is still continuing, then the City may enter upon the properties described in this Agreement (in the case of the off street parking lots) and may either operate the parking lots itself or may contract the operation of such parking lots to a party other than the Association. The City shall also have the option of terminating the entire Agreement or Section I or II thereof as provided herein; it being the intent of the parties that if Section I or II is terminated, then the remainder of the Agreement shall continue in force and effect. Upon such entry for breach, all improvements on the real property covered by this Agreement shall become the property of the City of Port Angeles at the time of entry. Regarding the operation of the PBIA, the terms of breach and default shall also apply. If the breach or default of the Agreement respecting the operation of the PBIA is not cured by the Association within six months' of notice, the City may, at its option, assume control of the operation of the PBIA and at its discre- tion, continue the operation of the PBIA or terminate it. I. Previous Agreements Rescinded. The parties agree that this is the entire Agreement between the parties, and all former agreements between the City and Association are hereby rescinded. -8- IN WITNESS WHEREOF, the parties have executed this Agreement I=mo h.G rq this day of, 1965. STATE OF WASHINGTON SS: COUNTY OF CLALLAM CITY OF PORT ANGELES ATTEST: City Clerk PORT ANGELES DOWNTOWN ASSOCIATION Mayor President Secretary Re6cLaar9 On this ill:- day of -e personally appeared CHARLES D. WHIDDEN, Mayor, and "z`,:t City Clerk, to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES and the parties who executed the within and foregoing instrument, and they acknowledged said instrument to be the free' and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of the CITY OF PORT ANGELES. t986 IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certificate above written. NARY PUBLIC in and f the State f Washington, residing at Port Angeles STATE OF WASHINGTON SS: COUNTY OF CLALLAM On this 7` day of 198 before me personally appeared C and ,J? -1i/ 4 p (li l L h respectively, of PORT ANGELES DOWNTOWN ASSOCIATION, the Corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Corporation, for the uses and purposes therein mentioned and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the corporate seal of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certificate above written. r jib-- 7Q,/f 4Ld_—/ /NOTAR'Y PUBLIC it and the State /of Washington, residi at Port Angeles 0- p RT 41 Ov '0 A 41C 4; Ok- DEP $1/4 ..z» igioecdood was /o _20/1/irc_ 15 c.,0 114 e c .a 732 6,e_ a/ b ev/A.7 74 %o 7)w P9/A —Sawa ■Jrejam/ /ear),(i cer7i/A■ ry UP6ST (Wee Anz_ 2 be. zj„r 0 Z °wife e 54.1 14e;p 270 o‘,.> (4%4, iave z .c0)47izc. 7 6 1 /7ia p_e.eceit/ ove 424fk. C12,1te r ;7:7 s ss (To /:r.sy Z C6C/i .,.r•_4,4../Al e elf g 4*.eliie-,vs) de," r :724 ti-Th 7tA40-7- Ag Ass- pr e4'' h CI; 71: II Date: ,-,2 9 Time: To From e Bill Myers Assistant Chief of PoLit-v Subi• O(A/A) ZOLJA) /3,41609_ I Reply requested: 0 yes Ono 6 MYSISSOMINIMI O 4 QORTg per v 1 4, ST RATIVE 5�P December 22, 1983 Jim Jones Clailam Realty, Inc. 121 East Front Street Port Angeles, WA 98362 Dear Mr. Jones: In a recent telephone conversation with Rob Orton, Director of Finance and Administrative Services, you brought to our attention information that you have purchased the lot on which our Off Street Parking Fund has been making lease payments of $20 per month to Betty Lindstrom, guardian for William Andrew Lindstrom. Upon receipt from you of proof that you purchased the property and rights according to the terms of the lease agreement, we will begin making the monthly lease payments to you. If you have any questions, please call me at 457 -0411, ext. 115. Sincerely, Carleton G. Rudolph Senior Accountant CGR:LF cc: Dave Flodstrom, City Manager Rob Orton, Director, Fin. Adm. Svces. Merri Lannoye, City Clerk /Pers. Mgr. CITY OF PORT ANGELES 140 WEST FRONT ST P O BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 George Buck c/o K 0 N P Radio 313 West First Street Port Angeles, WA 98362 Dear George: CITY OF PORT ANGELES 140 WEST FRONT ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 February 4, 1986 Elaine of your office called me recently to ask about procedure for future transfers of funds from the Off- Street /PBIA funds which the City administers. Section III A, General Terms and Conditions, of the agreement which we just consummated, specifies that the Port Angeles Downtown Association has to designate by resolution the officials designated to sign for and receive funds transferred to its custody by the City. The City needs a certified copy of the resolution, plus the Board minutes describing the action taken on the resolution. Also indicated in the section is the requirement that the Association have an annual budget for the expenditure of these funds. I am aware that you have completed a copy of the 1986 budget but I do not have a copy of it in my possession. Once the above activities are accomplished, a simple letter to the City Manager requesting a transfer of funds and designating the purpose is all that would be required. For extra audit protection, I'll probably ask that you provide a couple of facsimile signatures of those people who will be receiving City funds. Incidentally, while going through my files, I could not locate evidence of insurance which the Association is also required to provide the City under terms of our Agreement. The coverage is pretty much self explanatory, except that the City must be named as an additional insured on the Association's policy. Perhaps you would care to check this out for me and let me know the status. Technically, the insurance is supposed to be in place on an annual basis. I have enclosed a copy of the Agreement for your review, albeit, it is unsigned. Apparently, Jean has yet to sign the original document, but I understand that the Association agreed to accept it in the form which is attached. Please give me a call if I can assist further. Thank you. Very truly yours, Robe t E. Orton, Director roan e F' Admin. Services REO:LF Enclosure cc: Sherri Anderson Duane Wolfe Bud Rudolph f COVERAGES CERTIFICATE HOLDER ACORD 25 (2/84) CERTIFICATE OF INSURANCE City of Port Angeles P. 0. Box 1150 Port Angeles, WA 98362 CANCELLATION 1 1 1 SET TAB STOPS AT ARROWS I_Ralston Ralston, Inc. P. 0. Box 1405 Port Angeles, WA 98362 CO LTR PRODUCER INSURED A Port Angeles Downtown P. 0. Box 580 Port Angeles, WA 98362 GENERAL LIABILITY COMPREHENSIVE FORM X PREMISES /OPERATIONS UNDERGROUND EXPLOSION COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV PASS ALL OWNED AUTOS (OT VR THAN) HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY OTHER WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Association y TYPE OF INSURANCE POLICY NUMBER L 2436401 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LETTER Continental COMPANY LETTER COMPANY LETTER COMPANY LETTER B C D COMPANY IE LETTER COMPANIES AFFORDING COVERAGE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS City of Port Angeles is an additional named insured POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) 1/25/86 1/25/87 LIABILITY LIMITS IN THOUSANDS BODILY INJURY PROPERTY DAMAGE EACH I AGGREGATE OCCURRENCE COMBINED 500 500 PERSONAL INJURY BODILY INJURY (PER PERSON) BODILY INJURY (PER ACCIDENT) PROPERTY DAMAGE BI PD COMBINED BI PD COMBINED STATUTORY ISSUE DATE (MM /DD/YY) 2/28/86 (EACH ACCIDENT) (DISEASE- POLICY LIMIT) (DISEASE -EACH EMPLOYEE; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATIQN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1 U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. THORIZ D REPRESENTATIVE IIR /ACORD CORPORATION 198 'h ORDINANCE NO. o a5120 AN ORDINANCE of the City of Port Angeles enlarging the boundaries of the Parking and Business Improvement Area and amending Ordinance No. 2351. WHEREAS, at its regular meeting on October 15, 1985, the City Council adopted Resolution No. 33- 85 the City Council's intention to enlarge the Parking and Business Improvement Area and setting a time and place for public hearing to consider enlargement of such an area; and WHEREAS, at its regular meeting of November 5, 1985, the City Council held a public hearing concerning the enlargement of the Parking and Business Improvement Area at 7:00 P.M. in the public meeting room at the Clailam County Courthouse, 223 East Fourth Street, Port Angeles, Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DOES ORDAIN as follows: Section 1. Section 2 of Ordinance No. 2351 is hereby amended by substituting the attached Exhibit "A Section 2. The businesses in the enlarged PBIA area shall be subject to the same special assessments as other businesses in the PBIA as set forth in Ordinance No. 2351 and the uses to which the special assessment revenue shall be put shall be the same as set forth in Ordinance No. 2351. Section 3 Effective date. This Ordinance shall take effect as provided by law. PASSED by the City Council of the City of Port Angeles at X a regular meeting of said Council held on the 5..day of t 1 1985. ATTEST: PUBLISHED: Merii A. Lannoye, C i Clerk APPR D AS TO FORM: e I Craig D. Jnu son, C ity Attorney M A Y'0 R ORDINANCE NO. J�c AN ORDINANCE of the City of Port Angeles providing requirements for development of off street parking spaces and amending Section 17 of Ordinance 2228 and Section 14.40.170 of the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. Section 17 of Ordinance 2228 and Section 14.40.170 of the Port Angeles Municipal Code are hereby amended to read as follows: 14.40.170 Building Permits. Before the granting of a building permit for any new building or structure, or for any enlargement or change of use in any existing building or structure, where the proposed use is subject to the requirements of this ordinance, the applicant for such building permit shall comply with the requirements of this ordinance. Compliance shall consist of either of the following: (1) Proof of the existence of, or the acceptance by the City of a bond for the off- street parking spaces required by this ordinance; or (2) Proof that the applicant is a participant in a parking association or Parking and Business Improvement Area (PBIA), which provides the total number of off street parking spaces which would otherwise be required from each of the individual participating uses. Applicants meeting all or a portion of their required needs through the provisions of sub section (2) of this section must pay to the Off- Street Parking Improvement Fund an initial assessment amount of $600 for each required parking space _.provided through membership_in_ the _Parking Association or- PBIA.-- Section 2 Effective Date. This Ordinance shall take effect as provided by law. -1- PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 19th day of November, 1985. ATTEST: Merri A. Lannoye, Ciigy Clerk APPRO ED AS TO FORM: 7' A 1 Crai D :Knutson, City Attorney PUBLISHED: )2,0,cr,iy Qr a I1 /9 ?5 M A Y O R MEMORANDUM November 5, 1985 TO: Mayor Whidden and City Councilmembers FROM: Dave Flodstrom, City Manager RE: Agreement with Downtown Association for Administering the PBIA ISSUE: What method should be used to administer the recently established PBIA? BACKGROUND: The State statute which defined the parameters of the PBIA also allows for a method to administer the PBIA. The Port Angeles Downtown Association feels that with some minor modifications to their present agreement between the City and the Downtown Association, they can adminis- ter the PBIA to the benefit of both their Association and the City. Currently, the Downtown Association operates under the authority of the City's old agreement with the original Downtown Parking Association. The agreement was amended in 1983 to recognize the formation of the Downtown Association and the end of the Parking Association. The Downtown Associa- tion also operates under the provisions of the City's Parking Ordinance (Ord. 1588) as it relates to the Central Business District. The Parking Ordinance recognizes membership in the Downtown Association as an alterna- tive to providing required off street parking. The Downtown Association feels that to successfully continue its administration of the parking lots and effectively implement and administer the PBIA, the Parking Ordinance and its present agreement would have to be amended. Amend Section 27, Subsection (2) to read: Add a new Subsection (3) to read as follows: PROPOSED CHANGE TO PARKING ORDINANCE "Proof that the applicant is a participant in a parking association or Parking and Business Improvement Area (PBIA) which provides the total number of off street parking spaces which would otherwise be required from each of the individual participating users." "Applicants meeting all or a portion of their parking needs through the provisions of the above Subsection (2) must pay to the Off- Street Parking Improvement Fund an initial assessment amount of for each required parking space provided through membership in the Association or PBIA." The Downtown Association has proposed $600. Mayor Councilmembers Novem 5, 1985 Page 2 The Downtown Association has also asked that the following PBIA provisions be added to their current agreement with the City: 1. PBIA GENERAL ASSESSMENT FEE: Businesses from 1 to 1,000 sq.ft. Businesses from 1,000 to 5,000 sq.ft. Businesses over 5,000 sq.ft. Businesses providing over one -half the parking as required by the Port Angeles Parking Code would be lowered one level in their assessment, although no business will pay less than $60 /year. 2. PBIA INITIATION FEE: 60 /year $100 /year $150 /year Businesses starting operation after September 15, 1985, will be charged a one -time initiation fee of $100. 3 METHOD OF COLLECTING ANNUAL PBIA ASSESSMENT FEES: The City shall bill each business April 1st for membership from that date until March 31st of the following year. The City shall use normal collection procedures for collecting from businesses not paying on time, including the use of small claims court if necessary. 4. METHOD OF AMENDING PBIA BOUNDARIES: Businesses adjacent to the PBIA area may request annexation. The PBIA Board may also request annexation of areas adjacent to the PBIA boun- daries. After having received a petition from 60% of the businesses in the area requesting annexation, or a report from the PBIA Board, the City Council shall hold a public hearing to review the request. The City Council may then annex the area. The businesses so annexed would be exempt from the Initiation Fee. 5. METHOD OF AMENDING THE PBIA ASSESSMENT SCHEDULE: The general membership fee and the initiation fee shall be reviewed at least once every two years by the PBIA Board. If the Board finds a change is needed, a request shall be made to the City Council. The Council shall then hold a public hearing to determine whether such a change is needed. The Council may then establish new rates. 6. FINANCIAL CONTROL: The PBIA Board (the Board of the PADA) shall provide by May 1st of each year an operating budget showing the planned use of the funds collected by the PBIA, showing that the use of those funds is in keeping with the purposes established by RCW. At the end of its fiscal year, the Board shall provide a financial report showing the actual expenditures of the funds. The PADA shall, by resolution, designate one or more officials as authorized agents to sign for and receive funds transferred from the City. A certified copy of the resolution, together with Board minutes describing action taken on the resolution shall be provided the City initially and whenever election Mayor Councilmembers November 5, 1985 ,Page 3 or other changes to these designated officials occur. The City will not release funds to any other non designated officials. PADA acknowledges that funds transferred to its custody are subject to audit by the Washington State Auditor's Office, Division of Municipal Corporations, and agrees to implement and maintain generally accepted accounting controls and documentation necessary to demonstrate that funds are expended for purposes specified in this agreement. Each month, the City shall provide a financial report of the funds it has collected or is holding in reserves, and shall provide these funds as they are requested by the Board, as specified above. 7. TERMINATION OF THE PBIA: The City Council, upon receipt of a petition of business owners of 60% of the membership fee, may review the PBIA and terminate it. If at any time the City Council reviews the management of the PBIA by the PADA and finds the PBIA is not being managed in accordance with the RCW, the Council shall notify the Board of the problem and give the Board six months to correct the situation. If in six months the Council finds the Board still not in keeping with the RCW, the Council may terminate its agreement with the PADA concerning the PBIA, may choose another administrator, or may terminate the PBIA. NOTIFICATION OF CHANGE IN PBIA MEMBERSHIP: With the monthly financial statement, the City shall provide the names of any new businesses in the PBIA area. It shall be the responsibil- 1 ity of City officials to notify the PADA of any new businesses begin ning operation within district boundaries. PADA will determine and notify the City of proper assessments for new businesses. Changes in assessments for existing businesses shall be approved by PBIA officials. E2 The City will notify the PBIA of business turnover within the district and confirm proper assessments for billing. 9. PRORATION OF DUES: The dues of new businesses entering the PBIA area will be prorated on a quarterly basis, with the business being charged only for any quarter during which the business operates. 10. CALCULATION OR NEGOTIATION OF PARKING ASSESSMENT FOR NEW OR CHANGING BUSINESSES: The PBIA Board, with the approval of the City Council, may negotiate a change in the fee based on "in- kind" contributions, such as (but not limited to) long -term leases of additional parking at another loca- tion, space allocated for street -to- street walk throughs, etc. The PBIA Board and the developer may negotiate a payment schedule with appropriate interest, provided that the full amount be paid within five years. rbfif7 MEMO: November 8, 1985 1 TO: Mayor Whidden and City Councilmembers FROM: Dave Flodstrom, City Manager SUBJECT: Agreement with Downtown Association for Administering the PBIA ISSUE: What method should be used to administer the recently estab- lished PBIA? BACKGROUND: The State statute which defined the parameters of the PBIA also allows for a method to administer the PBIA. The Port Angeles Downtown Association feels that with some minor modifications to their present agreement between the City and the Downtown Association, they can administer the PBIA to the benefit of both their Association and the City. Currently, the Downtown Association operates under the authority of the City's old agreement with the original Downtown Parking Associ- ation. The agreement has been amended several times and was amended in 1983 to recognize the formation of the Downtown Association and the end of the Parking Association. The Downtown Association also operates under the provisions of the City's Parking Ordinance (Ord. 1588) as it relates to the Central Business District. The Parking Ordinance recongizes membership in the Downtown Association as an alternative to providing required off street parking. The Downtown Association feels that to successfully continue its administration of the parking lots and effectively implement and administer the PBIA, the Parking Ordinance and its present agreement would have to be amended. To this end, I have prepared the proposed changes which would apply to the Parking Ordinance 1588. I've also attached a rewritten copy of the City's agreement with the Downtown Association (incorporating all of the amendments) with the necessary changes shown. PROPOSED CHANGES TO PARKING ORDINANCE Amend Section 27, Subsection (2) to read: "Proof that the applicant is a participant in a parking association or Parking and Business Improvement Area (PBIA) which provides the total number of off street parking spaces which would otherwise be required from each of the individual participating users." Add a new Subsection (3) to read as follows: "Applicants meeting all or a portion of their required needs through the provisions of the above Subsection (2) must pay to the Off- Street Parking Improvement Fund an initial assessment amount of for each required parking space provided through membership in the Association or PBIA." *The Downtown Association has proposed $600. RESOLUTION NO. 55-$6 A A RESOLUTION of the City of Port Angeles stating the City Council's intention to extend the boundaries of the Parking and Business Improvement Area and setting a time and place for a public hearing to consider such extension. WHEREAS, the City Council has passed a Resolution for the purpose of initiating the extension of the Parking and Business Improvement Area, which Resolution satisfies the requirements of RCW 35.87A.030; and WHEREAS, RCW 35.87A.040 requires the City Council, after passage of an initiation resolution, to adopt a Resolution of intention to establish a Parking and Business Improvement Area, which process is also applicable to the enlargement of an existing PBIA; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. The City Council hereby declares its intention to enlarge the Parking and Business Improvement Area established by Ordinance No. 2351. Section 2. The boundaries of the enlarged PBIA are as described in the attached Exhibit "A Section 3. The proposed uses and projects to which the proposed special assessment revenue shall be put shall be for the acquisition, construction, operation and maintenance of adequate parking facilities for the Downtown business area and other authorized purposes specified in RCW 35.87A.010. Section 4. The estimated rate of levy of the annual assessment is: Annual Assessment Business Area 60. Less than 1,000 sq. ft. $100. 1,000 5,000 sq. ft. $150. 5,000 or more sq. ft. For the purpose of said rates of assessment, "business area" shall be defined as gross business and business support space. Businesses which provide up to 50% of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level; however, no one will pay less than $60 per year. Section 5. The City Council shall hold a public hearing to consider the enlargement of said PBIA at 7:00 P.M., November 5, 1985, in the public meeting room at the Clallam County Courthouse, 223 East Fourth Street, Port Angeles, Washington. The City Clerk is hereby directed to publish this Resolution of intention in a newspaper of general circulation in the City and mail a complete copy of the Resolution of intention to each business in the proposed area. Publication and mailing shall be completed at least ten (10) days prior to the time of hearing. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of October, 1985. ATTEST: AnkiaA-&cry City Clerk APPROVED AS TO FORM: Craig D' son, City Attorney PUBLISHED 19155 r yl MA R EXHIBIT A Beginning at a point on the north line of Railroad Avenue, at the southeast corner of Lot 6, Block 21, Port Angeles Tidelands East; Thence westerly along the north line of Railroad Avenue to the east line of Lincoln Street; Thence northerly along the east line of Lincoln Street to the outer harbor line; Thence westerly along the outer harbor line to the west line of Oak Street; Thence southerly on the west line of Oak Street to the north line of Railroad Avenue; Thence westerly along the north line of Railroad Avenue ex- tended to a point 50 feet west of the west line of Oak Street; Thence southerly parallel to the west line of Oak Street to the south line of Front Street; Thence westerly on the south line of Front Street to the south line of Marine Drive diagonal; Thence southwesterly along the south line of Marine Drive diagonal to the west line of Lot 6, Block 13, Townsite of Port Angeles; Thence southerly along the west line of said Lots 6 and 15, Block 13, Townsite of of Port Angeles, projected to the south line of First Street; Thence easterly along the south line of First Street to the west line of Cherry Street; Thence southerly along the west line of Cherry Street to the north line of the alley between First and Second Streets; Thence easterly along the north line of said First/ Second alley to the southeast corner of Lot 6, Block 30, N.R. Smith Subdivision; Thence northerly along the east line of Lot 6, Block 30, N.R. Smith Subdivision projected to the north line of Railroad Avenue and the southeast corner of Lot 6, Block 21, Port Angeles Tidelands East, the point of beginning. 10 REVISED P B I A BOUNDARY 0 10 -1 -85 200 0 SCALE t I 200' r 11 1 10 200 400 FIRST 1ul 0101 iA not FF RAILROAD 1- 10 1 1- w J�CC� w 1r a U) U) SECOND STREET INNER HARBOR LINE AVE 1 TLF I 10 1 9 I r w cc 2 ill 10 1 9 9 6 s JUuununnI i1IWi nInuuuulw STREET 1- 10 1 10 1 9 1 9 6 J m ar "TT f= Y eLVL T� DIME =r Z 7I3�SIL e g 20 1I 20 10 18 10 13 STREET a— Ts I NYNN UII s MINrM1 ♦1 \t ��MW n I L iN1i11 N1 NM \u Argil: ......N .N "Ytd`drN`SkWt�t61t""�"' 'ACd�r e ±i 11 20 11 11 10 18 10 13 DRAWN BY: J. CHOHRACH DATE: 7 25 MEMO: September 26, 1985 TO: Mayor Whidden City Council FROM: Dave Flodstrom, City Manager SUBJECT: Annexation to PBIA ISSUE: The G. M. Lauridsen Charity Trust Fund has requested that the Lauridsen Building be included in the recently formed Parking and Business Improvement Area (PBIA). BACKGROUND: The recently formed PBIA's southern boundary has been established along the lst/2nd street alley. The Lauridsen Building abutts Lincoln Street on the west and is between the lst/2nd alley and 2nd Street. The PBIA, when established, had boundaries which conformed with the boundaries of the Downtown L.I.D. and sign ordinance. The G.M. Lauridsen Trust is a past member of the Downtown Parking Association but did not participate in the Downtown L.I.D. The Port Angeles Downtown Association supports the inclusion of the Lauridsen Building in the PBIA. RECOMMENDATION: Because of the past and probable future com- mercial uses of the Lauridsen Building and because of the Trust's past membership in the Downtown Parking Association, it seems appropriate that the businesses which will occupy the Lauridsen Building should be in the PBIA. Should the City Council concur with the recommendation, a resolution has been attached which if approved, would initiate the process of public notification and hearings. DF /jg Attachments G.M. Lauridsen Charity Trust Fund Office o f 311 S. CHERRY ST. FLOYD F. YOUNG, Secretary 1 �1 t i R i PORT ANGELES, WASHINGTON 98362 I 11 1 September 10, 19 Dear Friends: Parking Committee Port Angeles Downtown Association 217 North Laurel Port Angeles, Washington 98362 We are the owners of the building known as the "Lauridsen Building," which is located at the northwest corner of Second and Lincoln Streets. The building is bordered on the west by the 'Bluff," which precludes our developing any offstreet parking within our own property lines. We were one of the original contributors when the Downtown Parking Association was formed to provide offstreet parking for business establishments in the downtown area. We have been dues paying members of the Downtown Parking Association since its formation, our most recent payment made in 1984. Therefore, we respectfully request that the "Lauridsen Building" be included in the Parking and Business Improvement Area (PBIA). cc: City of Port Angeles Sincerely, G. M. LAURIDSEN CHARITY TRUST FUND Trustee CXJ e Trustee Trustee Attachment NOTICE OF INTENTION TO CHANGE BOUNDARIES OF PARKING AND BUSINESS IMPROVEMENT AREA NOTICE IS HEREBY GIVEN that the City Council of the City of Port Angeles intends to consider changes to the boundaries of the proposed Parking and Business Improvement Area at the continued hearing to be held at the regular Council meeting on September 3, 1985. The boundary amendment being considered is shown on the attached map. The amended effective date of Ordinance 2351 establishing the PBIA is September 4, 1985. AUTHORITY FOR PBIA'S The attached state law Chapter 35.87A, Revised Code of Washington, is the authorizing statute which allows for and defines how a Parking and Business Improvement Area works. SUMMARY OF PBIA STATUTE: f 5.7 GENERAL PURPOSE: To aid general economic development and to facilitate merchant and business cooperation which assist trade. SPECIFIC PURPOSES: 1. Acquisition, construction or maintenance of facilities for the benefit of the area; 2. Decoration (beautification) of any public the area; 3. Promotion of public events; 4. Furnish music in public places; 5. Provide professional management, planning, and promotion of the area including promotion of retail trade and 6. Establish a revenue collection method to equally distri- bute the cost of faciliting merchant business in the area. parking place in 1 Chapter 35.87A PARKING AND BUSINESS IMPROVEMENT AREAS Sections 35.87A 010 Authorized— Purposes Special assessments. 35.87A 020 Definitions. 35.87A.030 Initiation petition or resolution— Contents. 35.87A.040 Resolution of intention to establish— Content: Hearing. 35.87A.050 Notice of hearing 35.87A.060 Hearings. 35.87A.070 Change of boundaries. 35.87A.080 Special assessments Classification of businesses— Assessments for separate purposes. 35.87A.090 Special assessments —Same basis or rate for classes not required— Factors as to parking facilities 35.87A.100 Ordinance to establish— Adoption— Contents 35.87A.110 Use of revenue— Contracts to administer operation of area. 35.87A.120 Use of assessment proceeds restricted. 35.87A.130 Collection of assessments 35.87A.140 Changes in assessment rates. 35.87A.150 Benefit zones Authorized— Rates. 35.87A.160 Benefit zones Establishment, modification and dm- establishment of area provisions and procedure to be followed. 35.87A.170 Exemption period for new businesses 35.87A.180 Disestablishment of area Hearing. 35 87A.190 Disestablishment of area— Assets and liabilities 35.87A.200 Bids required— Monetary amount. 35.87A.210 Computing cost of improvement for bid requirement. 35.87A.220 Existing laws not affected— Chapter supple- mental— Purposes may be accomplished in conjunc- tion with other methods. 35.87A.900 Severabiltty 1971 ex.s. c 45. 35.87A.010 Authorized Purposes Special as- sessments. To aid general economic development and to facilitate merchant and business cooperation which as- sists trade, the legislature hereby authorizes all counties and all incorporated cities and towns, including unclass- ified cities and towns operating under special charters: _(1) To establish, after a petition submitted by the op- erators responsible for 60 percent of the assessments by businesses within the area, parking and business im- provement areas, hereafter referred to as area or areas, for the following purposes: (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area; (b) Decoration of any public place in the area; (c) Promotion of public events which are to take place on or in public places in the area; (d) Furnishing of music in any public place in the area; (e) Providing professional management, planning, and promotion for the area, including the management and promotion of retail trade activities in the area; or (f) Providing maintenance and security for common, public areas. (2) To levy special assessments on all businesses within the area and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs incurred therein as provided in this chapter. 1985 c 128 1; 1981 c 279 I; 1971 ex.s. c 45 I.] [Title 3S RCW —p 260] 35.87A.020 Definitions. (1) "Business" as used In this chapter means all types of business, including professions. (2) "Legislative authority" as used in this chapter means the legislative authority of any city or town in- cluding unclassified cities or towns operating under spe- cial charters or the legislative authority of any county. 1971 ex.s. c 45 2.] 35.87A.030 Initiation petition or resolution Contents. For the purpose of establishing a parking and business improvement area, an initiation petition may be presented to the legislative authority having jurisdiction of the area in which the proposed parking and business improvement area is to be located or the legislative au- thority may by resolution initiate a parking and business improvement area. The initiation petition or resolution shall contain the following: (1) A description of the boundaries of the proposed area; (2) The proposed uses and projects to which the pro- posed special assessment revenues shall be put and the total estimated cost thereof; (3) The estimated rate of levy of special assessment with a proposed breakdown by class of business if such classification is to be used. The initiating petition shall also contain the signatures of the persons who operate businesses in the proposed area which would pay fifty percent of the proposed spe- cial assessments. 1971 ex.s. c 45 3.] 35.87A.040 Resolution of intention to establish Contents Hearing. The legislative authority, after receiving a valid initiation petition or after passage of an initiation resolution, shall adopt a resolution of intention to establish an area. The resolution shall state the time and place of a hearing to be held by the legislative au- thority to consider establishment of an area and shall restate all the information contained in the initiation pe- tition or initiation resolution regarding boundaries, pro- jects and uses, and estimated rates of assessment. 1971 ex.s. c 45 4.] 35.87A.050 Notice of hearing. Notice of a hearing held under the provisions of this chapter shall be given by: (1) One publication of the resolution of intention in a newspaper of general circulation in the city; and (2) Mailing a complete copy of the resolution of in- tention to each business in the proposed, or established, area. Publication and mailing shall be completed at least ten days prior to the time of the hearing. 1971 ex.s. c 45 5.] 35.87A.060 Hearings. Whenever a hearing is held under this chapter, the legislative authority shall hear all protests and receive evidence for or against the proposed action. The legislative authority may continue the hear- ing from time to time. Proceedings shall terminate if protest is made by businesses in the proposed area which (1985 Ed.) would pay a mapnty of the proposed special assess- ments. 1971 ex.s. c 45 6.] 35.87A.070 Change of boundaries. If the legislative authority decides to change the boundaries of the pro- posed area, the hearing shall be continued to a time at least fifteen days after such decision and notice shall be given as prescribed in RCW 35.87A.050, showing the boundary amendments, but no resolution of intention is required. [1971 ex.s. c 45 7.] 35.87A.080 Special assessments Classification of businesses Assessments for separate purposes. For purposes of the special assessments to be imposed pursu- ant to this chapter, the legislative authority may make a reasonable classification of businesses, giving considera- tion to various factors such as business and occupation taxes imposed, square footage of the business, number of employees, gross sales, or any other reasonable factor relating to the benefit received, including the degree of benefit received from parking. Whenever it is proposed that a parking and business improvement area provide more than one of the purposes listed in RCW 35.87A- .010, special assessments may be imposed to a manner that measures benefit from each of the separate pur- poses, or any combination of the separate purposes. Spe- cial assessments shall be imposed and collected annually, or on another basis specified in the ordinance establish- ing the parking and business improvement area. 1985 c 128 2; 1981 c 279 2; 1971 ex.s. c 45 8,) 35.87A.090 Special assessments Same basis or rate for classes not required Factors as to parking facilities. The special assessments need not be imposed on different classes of business, as determined pursuant to RCW 35.87A.080, on the same basis or the same rate: Provided, however, That the special assessments imposed for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the area shall be imposed on the basis of benefit determined by the legislative authority after giving consideration to the total cost to be recovered from the businesses upon which the special assessment is to be imposed, the total area within the boundaries of the parking and business improvement area, the assessed value of the land and improvements within the area, the total business volume generated within the area and within each business, and such other factors as the legislative authority may find and determine to be a reasonable measure of such bene- fit. 1971 ex.s. c 45 9.) 35,87A.100 Ordinance to establish Adoption Contents. If the legislative authority, following the hear- ing, decides to establish the proposed area, it shall adopt an ordinance to that effect. This ordinance shall contain the following information: (1) The number, date and title of the resolution of in— tention pursuant to which it was adopted; (2) The time and place the hearing was held concern ing the formation of such area; The description of the boundaries of such area; t:KS ea. ID .,u„„_„ .raE,tMLui.ilt ,res-, 5.ti7- x.14(1 (4) A statement that the ousir.esse: it tnt area estab- lished by the ordinance shall be sub;e., to the provisions of the special assessments authorized b■ RCW 35.87A.010; (5) The initial or additional rate or iev of special as- sessment to be imposed with a breakdos n bs classifica- tion of business, if such classification is used; and (6) A statement that a parking and business improve- ment area has been established. (7) The uses to which the special ass revenue shall be put: Provided, however, That such use shall conform to the use as declared in the initiation petition presented pursuant to RCW 33.87A.030. 1971 ex.s. c 45 10.] 35.87A.110 Use of rerenu9 Contracts to admin- ister operation of area. The legislative authority of each city or town or county shall have sole discretion as to how the revenue derived from the special assessments is to be used within the scope of the purposes: however, the legislative authority may appoint existing advisory boards or commissions to make recommendations as to its use, or the legislative authority may create a new ad- visory board or commission for the purpose. The legislative authority may contract with a chamber of commerce or other similar business association oper- ating primarily within the boundaries of the legislative authority to administer the operation of a parking and business improvement area, including any funds derived pursuant thereto: Provided, That such administration must comply with all applicable provisions of law in- cluding this chapter, with all county, city, or town reso- lutions and ordinances, and with all regulations lawfully imposed by the state auditor or other state agencies. 1971 ex.s. c 45 11.) 35.87A.120 Use of assessment proceeds restricted. The special assessments levied hereunder must be for the purposes specified in the ordinances and the proceeds shall not be used for any other purpose. 1971 ex.s. c 45 12.) 35.87A.130 Collection of assessments. Collections of assessments imposed pursuant to this chapter shall be made at the same time and in the _same manner as otherwise prescribed by Title 35 RCW or in such other manner as the legislative authority shall determine. 1971 ex.s. c 45 13.] 35.87A.140 Changes in assessment rates. Changes may be made in the rate or additional rate of special as- sessment as specified in the ordinance establishing the area, by ordinance adopted after a hearing before the legislative authority. The legislative authority shall adopt a resolution of intention to change the rate or additional rate of special assessment at least fifteen days prior to the hearing re- quired by this section. This resolution shall specify the proposed change and shall give the time and place of the hearing: Provided, That proceedins to change the rate or impose an additional rate of special assessments shall terminate it protest is m,ide b■ businesses in the pro -pvsed area which would pay a majority of the proposed increase or additional special assessments. [1971 ex.s. c 45 14.] 35.87A.150 Benefit zone: Authorized Rates. The legislative authority may, for each of the purposes set out in RCW 35.87A.010, establish and modify one or more separate benefit zones based upon the degree of benefit derived from the purpose and may impose a dif- ferent rate of special assessment within each such bene- fit zone. 1971 ex.s. c 45 15.] 35.87A.160 Benefit zones Establishment, modifi- cation and disestablishment of area provisions and proce- dure to be followed. All provisions of this chapter applicable to establishment or disestablishment of an area also apply to the establishment, modification, or disestablishment of benefit zones pursuant to *RCW 35.87A.150. The establishment or the modification of any such zone shall follow the same procedure as pro- vided for the establishment of a parking and business improvement area and the disestablishment shall follow the same procedure as provided for disestablishment o f an area. 1971 ex.s. c 45 16.] *Reviser's note: "RCW 35.87A.150" has been translated from "sec- tion 13 of this act as the reference to section 13, herein codified as RCW 35.87A.130, was apparently erroneous. 35.87A.170 Exemption period for new businesses. Businesses established after the creation of an area within the area may be exempted from the special as- sessments imposed pursuant to this chapter for a period not exceeding one year from the date they commenced business in the area. [197] ex.s. c 45 17.] 35.87A.180 Disestablishment of area Hearing. The legislative authority may disestablish an area by or- dinance after a hearing before the legislative authority. The legislative authority shall adopt a resolution of in- tention to disestablish the area at least fifteen days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. 1971 ex.s. c 45 18.] 35.87A.190 Disestablishment of area Assets and liabilities. Upon disestablishment of an area, any pro- ceeds of the special assessments, or assets acquired with such proceeds, or liabilities incurred as a result of the formation of such area, shall be subject to disposition as the legislative authority shall determine: Provided, how- ever, Any liabilities, either current or future, incurred as a result of action taken to accomplish the purposes of RCW 35.87A.010 shall not be an obligation of the gen- eral fund or any special fund of the city or town, but such liabilities shall be provided for entirely from avail- able revenue generated from the projects or facilities authorized by RCW 35.87A.010 or from special assess- ments on the property specially benefited within the area. [1971 ex.s. c 45 19.] [Title 35 RCW —p 2621 35.87 1.200 Bids required Nionetar} amount. Any city or town or county authorized by this chapter to establish a parking improvement area shall call for com. petitive bids by appropriate public notice and award contracts, whenever the estimated cost of such work or improvement, including cost of materials, supplies and equipment, exceeds the sum of two thousand five hun- dred dollars. [1971 ex.s. c 45 20.] 35.87A.210 Computing cost of improvement for bid requirement. The cost of the improvement for the pur- poses of this chapter shall be aggregate of all amounts to be paid for the labor, materials and equipment on one continuous or inter related project where work is to be performed simultaneously or in near sequence. Breaking an improvement into small units for the purposes of avoiding the minimum dollar amount prescribed in RCW 35.87A.200 is contrary to public policy and is prohibited. 1971 ex.s. c 45 21.] 35.87A.220 Existing laws not affected Chapter supplemental Purposes may be accomplished in con- junction with other methods. This chapter providing for parking and business improvement areas shall not be deemed or construed to affect any existing act, or any part thereof, relating to special assessments or other powers of counties, cities and towns, but shall be supple- mental thereto and concurrent therewith. The purposes and functions of parking and business improvement areas as set forth by the provisions of this chapter may be accomplished in part by the establish- ment of an area pursuant to this chapter and in part by any other method otherwise provided by law, including provisions for local improvements. 1971 ex.s. c 45 22.) 35.87A.900 Severability 1971 ex.s. c 45. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or cir- cumstances is not affected. 1971 ex.s. c 45 23.) Chapter 35.88 WATER POLLUTION PROTECTION FROM Sections 35.88.010 Authority over sources of supply. 35.88.020 Enforcement of ordinance Special police. 35.88.030 Pollution declared to be a nuisance— Abatement 35.88.040 Pollution as criminal nuisanc Punishment. 35.88.050 Prosecution Trial— Abatement of nuisance 35.88.060 Health officers and mayor must enforce. 35.88.070 Injunction proceeding. 35.88.080 Inland cities over 100,000 Discharge of sewage pro- hibited—Nuisance 35.88.090 Inland cities over 100.000— Investigation of disposal systems by secretary of social and health services. Furnishing impure water: RCW 70.54.020. Pollution of watershed or source of drinking water: RCW 70.54.010, 70.54.030. Sewer districts. Title 56 RCW. Sewerage improvement districts: Chapter 85.08 RCW. Water districts: Title 57 RCW. (1985 Ed) Chapter 35.87 Tide 35 RCW: Cities and Towns 35.87.040 RCW 35 87.020 Inapplicable w sale. lease or convey- ance to feaeral government or agency or to the state or any county, city or political subdivision. 35.87.010 Sale, base or conveyance of real property for free public parking authorized "Municipality" defined. Any municipality may sell, lease or convey any real property located in an area zoned to permit the op- eration of retail business, when such property is no longer needed for the use or purposes of the municipal- ity, to any private corporation or association established to develop and maintain free public parking facilities. "Municipality" as used in RCW 35.87.010 through 35- .87.040, means any city with a population over three hundred thousand and any municipal corporation or other political subdivision located within the boundaries of such city. [1967 ex.s. c 144 2.J Sererability -1967 ex.s. c 144: See note following RCW 36.98.030. 35.87.020 Notice of intention to sell, lease or convey real property in business area Posting Publica- tion Preference right to purchase or lease. Before any municipality may sell, lease or convey any real property located in an area zoned to permit the opera tion of retail business, it shall post in a conspicuous place on such property and publish in the official news- paper for the county in which such property is located for fifteen days prior to such sale, lease or conveyance a notice giving the Iegal description of such property and disclosing an intention to sell, lease or convey such property; and it shall offer in its notice, and shall give, the first right of purchase or lease of the whole or any part of such property to any private corporation or asso- ciation (1) established to develop and maintain free public parking facilities and (2) which agrees to dedicate such property for free public parking. [1967 ex.s. c 144 3 Severability-1967 ex.s. c 144: See note following RCW 36.98.030. 35.87.030 Consideration, terms and conditions Reversion. A sale, lease or conveyance to such corpora- tion or association may be made for such consideration and on such terms and conditions as the municipality deems appropriate: Provided, That the price charged such corporation or association shall not be in excess of the fair market value of such property: Provided further, That all deeds, leases and other instruments of convey- ance shall incorporate a reversion to the municipality of the property or property interest so deeded, leased or conveyed, in the event that such property should no longer be used as a free public parking facility. [1967 ex.s. c 144 4.1 Sererability --1967 ex.s. c 144: See note following RCW 36.98.030. 35.87.040 RCW 35.87.020 inapplicable to sale, lease or conveyance to federal government or agency or to the state or any county, city or political subditision. The provisions of RCW 35.37.020 shall not apply to any sale, {Title 35 RCW —p 2581 Sections 35.87A.010 35.87A.020 35.87A.030 35.87A.040 35.87A.050 35.87A.060 35.87A.070 35.87A.080 35.87A.090 35.87A.100 35.87A.110 35.87A.120 35.87A.130 35.87A.140 35.87A.150 35.87A.160 35.87A.170 35.87A.180 35.87A.190 35.87A.200 35.87A.210 35.87A.220 35.87A.900 Chapter 35.87A PARKING AND BUSINESS IMPROVEMENT .AREAS lease or conveyance to the federal government or to any agency thereof, or to the state or any agency, count.. city, town or other political subdivision of this state. [1967 ex.s. c 144 3 5.] Sererability -1967 ex.s. c 144: See note following RCW 36.98.030. Authorized Purpose: Special assessments. Definitions. Initiation petition or resolution Contents. Resolution of intention to establish Contents Hearing. Notice of hearing. Hearings. Change of boundaries. Special assessments Classification of businesses. Special assessment; Same basis or rate for classes not required Factors as to parking facilities. Ordinance to establish— Adoption Contents. Use of revenue :ontracts to administer operation of area. Use of assessment proceeds restricted. Collection of assessments. Changes in assessment rates. Benefit zones Authorized Rates. Benefit zone: Establishment, modification and dis- establishment of area provisions and procedure to be followed. Exemption period for new businesses. Disestablishment of area Hearing. Disestablishment of area Assets and liabilities. Bids required Monetary amount. Computing cost of improvement for bid requirement. Existing laws not affected Chapter supple- mental— Purposes may be accomplished in conjunc- tion with other methods. Scverability -1971 ex.s. c 45. 35.87A.010 Authorized Purpose: Special as- sessments. To aid general economic development and to facilitate merchant and business cooperation which as- sists trade, the legislature hereby authorizes all counties and all incorporated cities and towns. including unclass- ified cities and towns operating under special charters: (I) To establish, after a petition submitted by the op- erators responsible for 60 percent of the assessments by businesses within the arca, parking and business im- provement areas, hereafter referred to as area or areas, for the following purposes: (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area; (b) Decoration of any public place in the area; (c) Promotion of public events which are to take place on or in public places in the area; (d) Furnishing of music in any public place in the area; (e) Providing professional management, planning, and promotion for the area, including the management and promotion of retail trade activities in the area; (2) To levy special assessments on all businesses within the area and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs incurred therein as provided in this chapter. [I981 c 279 1; 1971 ex.s. c 45 1.] 35.87A.020 Definitions. (1) "Business" as used in this chapter means all types of business, including professions. (2) "Legislative authority" as used in this chapter means the legislative authority of any city or town in- cluding unclassified cities or towns operating under spe- cial charters or the legislative authority of any county. [1971 ex.s. c 45 2.] 35.87A.030 Initiation petition or resolution Contents. For the purpose of establishing a parking and business improvement area, an initiation petition may be presented to the legislative authority having jurisdiction of the area in which the proposed parking and business improvement area is to be located or the legislative au- thority may by resolution initiate a parking and business improvement area. The initiation petition or resolution shall contain the following:' (1) A description of the boundaries of the proposed area; (2) The proposed uses and projects to which the pro- posed special assessment revenues shall be put and the total estimated cost thereof; (3) The estimated rate of levy of special assessment with a proposed breakdown by class of business if such classification is to be used. The initiating petition shall also contain the signatures of the persons who operate businesses in the proposed area which would pay fifty percent of the proposed spe- cial assessments. [1971 ex.s. c 45 3.] 35.87A.040 Resolution of intention to establish Contents Hearing. The legislative authority, after receiving a valid initiation petition or after passage of an initiation resolution, shall adopt a resolution of intention to establish an area. The resolution shall state the time and place of a hearing to be held by the legislative au- thority to consider establishment of an area and shall restate all the information contained in the initiation pe- tition or initiation resolution regarding boundaries, pro- jects and uses, and estimated rates of assessment. 1971 ex.s. c 45 4.] 35.37A.050 Notice of hearing. Notice of a hearing held under the provisions of this chapter shall be given by: (1) One publication of the resolution of intention in a newspaper of general circulation in the city; and (2) Mailing a complete copy of the resolution of in- tention to each business in the proposed, or established, area. Publication and mailing shall be completed at least ten days prior to the time of the hearing. [1971 ex.s. c 45 5.] 35.$7A.060 Hearings. Whenever a hearing is held under this chapter, the legislative authority shall hear all Parking And Business Imprnrement Areas 35.87A.100 protest and receive evidence for or against the proposed action. The legislative authority may continue the hear- ing from time to time. Proceedings shall terminate if protest is made by businesses in the proposed area which would pay a majority of the proposed special assess- ments. [1971 ex.s. c 45 6.] 35.87A.070 Change of boundaries. If the legislative authority decides to change the boundaries of the pro- posed area, the hearing shall_be continued to a time at least fifteen days after such d cision and notice shall be ,given as prescribed in RCW 35.87A.050, showing the boundary amendments, but no resolution of intention is required. [1971 ex.s. c 45 7.] 35.87A.080 Special assessment: Classification of businesses. For purposes of the special assessments to be imposed pursuant to this chapter, the legislative author- ity may make a reasonable classification of businesses, giving consideration to various factors such as business and occupation taxes imposed, square footage of the business, number of employees, gross sales, or any other reasonable factor relating to the benefit received, in- cluding the degree of benefit received from parking. [1981 c 279 2; 1971 ex.s. c 45 8.] 35.87A.090 Special assessments Same basis or rate for classes not required Factors as to parking facilities. The special assessments need not be imposed on different classes of business, as determined pursuant to RCW 35.87A.080, on the same basis or the same rate: Provided, however, That the special assessments imposed for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the area shall be imposed on the basis of benefit determined by the legislative authority after giving consideration to the total cost to be recovered from the businesses upon which the special assessment is to be imposed, the total area within the boundaries of the parking and business improvement area, the assessed value of the land and improvements within the area, the total business volume generated within the area and within each business, and such other factors as the legislative authority may find and determine to be a reasonable measure of such bene- fit. [1971 ex.s. c 45 9.] 35.87A.100 Ordinance to establish Adoption Contents. If the Iegislative authority, following the hear- ing, decides to establish the proposed area, it shall adopt an ordinance to that effect. This ordinance shall contain the following information: (1) The number, date and title of the resolution of in- tention pursuant to which it was adopted; (2) The time and place the hearing was held concern- ing the formation of such area; (3) The description of the boundaries of such arca; (4) A statement that the businesses in the area estab- lished by the ordinance shall be subject to the provisions of the special assessments authorized by RCW 35.g7A.010; 35.37A.100 (5) The initial or additional rate or le ;,y of special as- sessment to be imposed with a breakdc,, n 'y classifica- tion of business. if such classification is used; and (6) A statement that a parking and business improve- ment area has been established. (7) The uses to which the special assessment revenue shall be put: Provided, however, That such use shall conform to the use as declared in the initiation petition presented pursuant to RCW 35.87A.030. [1971 ex.s. c 45 10.] 35.87A.110 Use of revenuc Contracts to admin- ister operation of area. The legislative authority of each city or town or county shall have sole discretion as to how the revenue derived from the special assessments is to be used within the scope of the purposes; however, the legislative authority may appoint existing advisory boards or commissions to make recommendations as to its use, or the legislative authority may create a new ad- visory board or commission for the purpose. The legislative authority may contract with a chamber of commerce or other similar business association oper- ating primarily within the boundaries of the legislative authority to administer the operation of a parking and business improvement area, including any funds derived pursuant thereto: Provided, That such administration must comply with all applicable provisions of law in- cluding this ch ?pier, with all county, city, or town reso- lutions and ordinances, and with all regulations lawfully imposed by the state auditor or other state agencies. 1971 ex.s. c 45 11.1 35.87A.120 Use of assessment proceeds restricted. The special assessments levied hereunder must be for the purposes specified in the ordinances and the proceeds shall not be used for any other purpose. [1971 ex.s. c 45 12.] 35.87A.130 Collection of assessments. Collections of assessments imposed pursuant to this chapter shall be made at the same time and in the same manner as otherwise prescribed by Title 35 RCW or in such other manner as the legislative authority shall determine. 1971 ex.s. c 45 13.] 35.37A.140 Changes in assessment rates. Changes may be made in the rate or additional rate of special as- sessment as specified in the ordinance establishing the area, by ordinance adopted after a hearing before the legislative authority. The legislative authority shall adopt a resolution of intention to change the rate or additional rate of special assessment at least fifteen days prior to the hearing re- quired by this section. This resolution shall specify the proposed change and shall give the time and place of the hearing. Provided. That proceedings to change the rate or impose an additional rate of special as,e,,ments shall terminate if protest is trade by businesses in the pro- posed area •Ahich i%ould pay a majont■ u; the proposed increase or .additional special as,c smc: t I 0 71 eY s c Title 35 RCW: Cities and Towns 35.87A.150 Benefit zones Auth orize., Rates. The legislative authority may, for each of the purposes set out in RCW 35.87A.010, establish and modify one or more separate benefit zones based upon tite deeree of benefit derived from the purpose and may impose a dif- ferent rate of special assessment within each such bene- fit zone. 1971 ex.s. c 45 15.] 35.87A.160 Benefit zones Establishment, modifi- cation and disestablishment of area provisions and proce- dure to be followed. All provisions of this chapter applicable to establishment or disestablishment of an area also apply to the establishment, modification, or disestablishment of benefit zones pursuant to *RCW 35.87A.150. The establishment or the modification of any such zone shall follow the same procedure as pro- vided for the establishment of a parking and business improvement area and the disestablishment shall follow the same procedure as provided for disestablishment of an area. 1971 ex.s. c 45 16.] 'Reviser's note: 'RCW 35.87A.150' has been translated from 'sec- tion 13 of this act', as the reference to section 13, herein codified as RCW 35.87A.130, was apparently erroneous. 35.87A.170 Exemption period for new businesses. Businesses established after the creation of an area within the area may be exempted from the special as- sessments imposed pursuant to this chapter for a period not exceeding one year from the date they commenced business in the area. [1971 ex.s. c 45 17.] 35.87A.180 Disestablishment of area Hearing. The Iegislative authority may disestablish an area by or- dinance after a hearing before the Iegislative authority. The legislative authority shall adopt a resolution of in- tention to disestablish the arca at least Fifteen days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. [1971 ex.s. c 45 18.] 35.87A.I90 Disestablishment of area Assets and liabilities. Upon disestablishment of an area, any pro- ceeds of the special assessments. or assets acquired with such proceeds, or liabilities incurred as a result of the formation of such area, shall be subject to disposition as the legislative authority shall determine: Provided, how- ever, Any liabilities, either current or future, incurred as a result of action taken to accomplish the purposes of RC\V 35.87A.010 shall not be an obligation of the gen- eral fund or any special fund of the city or town, but such liabilities shall be provided for entirely from avail- able revenuc generated from the projects or facilities authorized by RCW 35.S7A.010 or from special assess- ments on the property specially benefited within the arca. [1971 ex.s. c 45 19.1 35.S7 k.200 Bids required Monetary amount. Anv city or town or county authorized by thn chapter to est.ibinli 1.tr.in nnprmement area shall call For com- petitr.c bir, h•, improvement. including cost of materials, supplies and equipment. exceeds the sum of two thousand five hun- dred dollars [1971 ex s c 45 20.] 35.87A.210 Computing cost of improtement for bid requirement. The cost of the improvement for the pur- poses of this chapter shall be aggregate of all amounts to be paid for the labor, materials and equipment on one continuous or inter— related project where work is to be performed simultaneously or in near sequence. Breaking an improvement into small units for the purposes of avoiding the minimum dollar amount prescribed in RCW 35.87A.200 is contrary to public policy and is prohibited. [1971 ex.s. c 45 21.] 35.87A.220 Existing lams not affected Chapter supplemental Purposes may be accomplished in con- junction with other methods. This chapter providing for parking and business improvement areas shall not be deemed or construed to affect any existing act, or any part thereof, relating to special assessments or other powers of counties, cities and towns, but shall be supple mentaI thereto and concurrent therewith. The purposes and functions of parking and business improvement areas as set forth by the provisions of this chapter may be accomplished, in part by the establish- ment of an area pursuant to this chapter and in part by any other method otherwise provided by law, including provisions for local improvements. [1971 ex.s. c 45 22.] 35.87A.900 Severability 1971 ex.s. c 45. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or cir- cumstances is not affected. [1971 ex.s. c 45 23.] Chapter 35.33 WATER POLLUTION PROTECTION FROM Authority over sources of supply. Enforcement of ordinance Special police. Pollution declared to be a nuisance Abatement. Pollution as criminal nuisance— Punishment. Prosecution Trial— Abatement of nuisance. Health officers and mayor must enforce. Injunction proceeding. Inland cities over 100,000— Discharge of sewage pro hibited Nuisance. 35.83.090 Inland cities over 100.000— Investigation of disposal systems by secretary of social and health services. Furnishing impure water: RCW 7054 020. Pollution of watershed or source of drinking water: RCW 70 54 010, 70 54 030. Sewer districts: Title 56 RCW Sewerage improvement districts: Chapter 85.03 RCW Water districts: Title 57 RCW. Sections 35.88.010 35.88.020 35.88.030 35.38.040 35.88 050 35.83.060 35.38.070 35.33.080 35.33.010 Authority otter sources of supply. For the purpose of protecting the water furnished to the inhabit- ants of cities and towns from pollution, cities and towns are given jurisdiction over all property occupied by the (1983 Ed Water Pollution Protection From 35.88.040 %%orks, reservoirs, systems. springs, branches and pipes, by means of which. and of all the lakes, rivers, springs, streams. creeks. or tributaries constituting the sources of supply from which the cities and towns or the companies or individuals furnishing water to the inhabitants thereof obtain their supply of water, or store or conduct it. and over all property acquired for any of the foregoing works or purposes or for the preservation and protection of the purity of the water supply, and over all property within the areas draining into the lakes, rivers. springs. streams, creeks, or tributaries constituting the sources of supply whether they or any of them are within the city or town limits or outside. [1965 c 7 35.88.010. Prior: 1907 c 227 1, part; 1899 c 70 1, part; RRS 9473, part.] 35.88.020 Enforcement of ordinance Special po- lice. Every city and town may by ordinance prescribe what acts shall constitute offenses against the purity of its water supply and the punishment or penalties there- for and enforce them. The mayor of each city and town may appoint special policemen, with such compensation as the city or town may fix, who shall, after taking oath, have the powers of constables, and who may arrest with or without warrant any person committing, within the territory over which any city or town is given jurisdiction by this chapter, any offense-'declared by law or by ordi- nance, against the purity of the water supply, or which violate any rule or regulation lawfully promulgated by the state board of health for the protection of the purity of such water supply. Every special policeman whose appointment is authorized herein may take any person arrested for any such offense or violation before any court having jurisdiction thereof to be proceeded with according to law. Every such special policeman shall, when on duty wear in plain view a badge or shield bear- ing the words "special police" and the name of the city or town by which he has been appointed. 1965 c 7 35.88.020. Prior: 1907 c 227 1, part; 1899 c 70 1, part; RRS 9473, part.] 35.88.030 Pollution declared to be a nuisancz Abatement. The establishment or maintenance of any slaughter pens, stock feeding yards, hogpens, or the de- posit or maintenance of any uncleanly or unwholesome substance, or the conduct of any business or occupation, or the allowing of any condition upon or sufficiently near the (1) sources from which the supply of water for the inhabitants of any city or town is obtained, or (2) where its water is stored, or (3) the property or means through which the same may be conveyed or conducted so that such water would be polluted or the purity of such water or any part thereof destroyed or endangered. is prohib- ited and declared to be unlawful, and is declared to con- stitute a nuisance, and may be abated as other nuisances are abated. 1965 c 7 35.88.030. Prior: 1899 c 70 2, part; RRS 9474, part.] 35.88.040 Pollution as criminal nuisance Pun- ishment. Any person who does, establishes. maintains, or creates any of the things which have the effect of pol- luting any such sources of water suppl'., or water, and {Tn{r 35 RCN', —p :btl EXHIBIT "A" Beginning at a point on the north line of Railroad Avenue, at the southeast corner of Lot 6, Block 2 1/2, Port Angeles Tidelands East; Thence westerly along the north line of Railroad Avenue to the east line of Lincoln Street; Thence northerly along the east line of Lincoln Street to the outer harbor line; Thence westerly along the outer harbor line to the west line of Oak Street; Thence southerly on the west line of Oak Street to the north line of Railroad Avenue; Thence westerly along the north line of Railroad Avenue ex- tended to a point 50 feet west of the west line of Oak Street; Thence southerly parallel to the west line of Oak Street to the south line of Front Street; Thence westerly on the south line of Front Street to the south line of Marine Drive diagonal; Thence southwesterly along the south line of Marine Drive diagonal to the west line of Lot 6, Block 13, Townsite of Port Angeles; Thence southerly along the west line of said Lots 6 and 15, Block 13, Townsite of of Port Angeles, projected to the south line of First Street; Thence easterly along the south line of First Street to the west line of Cherry Street; Thence southerly along the west line of Cherry Street to the north line of the alley between First and Second Streets; Thence easterly along the north line of said First/ Second alley to the southeast corner of Lot 6, Block 30, N.R. Smith Subdivision; Thence northerly along the east line of Lot 6, Block 30, N.R. Smith Subdivision projected to the north line of Railroad Avenue and the southeast corner of Lot 6, Block 22, Port Angeles Tidelands East, the point of beginning. REVISED P B 1 A oa.neen 10 8 -22 -85 6 200 0 200 400 r5irS SCALE I" =200' 20 0 II RAILROAD t- 10 1 t. cc ct co t- N W 10 ai ..=....u..m..n STREET 1 9 INNER HARBOR LINE AVE 1 TLE FIRST STREET u n ti 10 ••O` j 1 10 1 to i Z W t' Ai 7:-. _Ion' _gar Y .�RE '_$Rt Z M��� cc j O J 20 11 20 10 18 10 13 10 9 9 9 6 9 6 f— na�N H1JI a"aw"• w w� iss`u a��w� ��w a 11111111 111 le 10 13 DRAWN BY: J. CHOHRACH DATg 7— 5 1 MEMORANDUM August 30, 1985 TO: Rob Orton, Director, Finance Administrative Services FROM: Duane Wolfe, City Tr asu RE: Billing for PBIA Assessmsx_ts Rob: I have had a chance to discuss with my counterparts in the Department some possibilities on the billings for the PBIA. Based on Craig's memo on col- lection of PBIA assessments, it appears to me that we need to use a very simple billing system which avoids the formalities that we have for LIDs or utility billing. Last week, Tim had an idea which is deserving of significant consideration. That was including the PBIA billing in our non metered route on the utility system. At this point, we are not sure of the impacts on the utility bill- ing system of adding the PBIA, since all transactions must be credited to one of the four utilities. Because of the importance of the utility bill- ing system and current problems, I would suggest that we take a further in- depth look before deciding to include the PBIA. However, if it can be worked out, Tim's idea should work well, not only for the PBIA but also for invoicing and delinquent invoice collections. We can, through the existing finance system, with minor modifications, pro- vide billings and delinquent notices for the PBIA. In discussing it with Lois, I am assured that it would take a very minimal effort on Andrea's part to make the necessary adaptions. With a simple system in place like that to do billing and tracking on the PBIA, it would not be important to us whether billings were monthly, quarterly, semi annually or annually. We could easily provide the billings and a month later provide a delinquent notice. Necessary programming should take, I would think, less than two days to complete for such a project, once we, as a Department, decide just exactly how we want to handle the billings and what information we wish to keep on each account. It would be nice to have some clarification as to how and what we will be doing with the money when it is collected; whether it will be accumulated in managing cash balances with expenditures directed by someone else, or whether we will be fully involved in each project. At this point, as long as we have a fund to hold the money in and the authority to make the col- lections, we should be able to proceed. It is important for us to deter- mine just how the billings will be done; i.e., monthly, quarterly, and in order to maintain a simple system, the billing period should be consistent for all assessed properties. Hopefully, you can get clarification on that at Tuesday's meeting. If you need any further comment regarding the PBIA, please let me know. RDW:LF cc: Tim Smith Lois Danks MEMORANDUM August 30, 1985 TO: Rob Orton, Director, Finance Administrative Services FROM: Lois Danks, Data Processing Manager RE: Billing for the BPIA To answer your questions, I don't think it's a good idea to do the parking billings through the utility billing system because of the accounting difficulties it would create. Each transaction "belongs" to a utility and we'd have to either create a "parking utility" or include it in an existing utility and break it out on each report program. It would be much quicker and easier to set up another file in our finance system and use QUIZ to generate bills, delinquent notices and reports. Since this parking fee system may go through several changes, it would be easier to change a simple system than take chances changing the utility billing system more than we have to. As far as payment schedules goes, the simpler the better. I imagine we'll have to allow at least quarterly, rather than keeping everyone to one annual payment. LD:LF cc: j�uan- TO: MAYOR WHIDDEN AND CITY COUNCIL DATE: AUGUST 29, 1985 FROM: DAVE FLODSTROM, CITY MANAGER SUBJECT: PARKING AND BUSINESS IMPROVEMENT AREA (PBIA) Issue: Should the City Council approve the implementation of a PBIA within the downtown area as originally proposed or as amended. Background: The City Council at its August 20th meeting reviewed several letters of protest regarding the proposed PBIA. All but one of the businesses opposing the PBIA were located in the extreme southwestern corner of the proposed area. After some discussion the City Council delayed approval of the proposed PBIA until the Council further reviewed the proposal. The City Council also directed the staff to make the necessary public notices should the City Council wish to amend the PBIA boundaries (in light of the protests) prior to approval and implementation. The appropriate notices were mailed to all businesses within the PBIA area. (See attached notice.) Also, during the time since the August 20th meeting, two additional letters have been received from business owners within the area: DF:mak Attachments Evergreen Meats, 235 West 1st Street (requesting exemption) Spencer's Auto Body, 322 West 1st Street (opposing inclusion in PBIA) Conclusion: Representatives of individual businesses and the Downtown Association will be present at the City Council meeting of September 3rd. Should the City Council choose to approve either the original or the amended PBIA, it would become effective the following day. The administration of the PBIA can be done by the City or through a contract agreement with the Downtown Association. My suggestion would be that we amend our present agreement with the Downtown Association to include the PBIA administration. If the Council wishes, the details of the amendment can be worked out following the implemention of the PBIA and brought back to the City Council soon. Attachment NOTICE OF INTENTION TO CHANGE BOUNDARIES OF PARKING AND BUSINESS IMPROVEMENT AREA NOTICE IS HEREBY GIVEN that the City Council of the City of Port Angeles intends to consider changes to the boundaries of the proposed Parking and Business Improvement Area at the continued hearing to be held at the regular Council meeting on September 3, 1985. The boundary amendment being considered is shown on the attached map. The amended effective date of Ordinance 2351 establishing the PBIA is September 4, 1985. EXHIBIT "A" Beginning at a point on the north line of Railroad Avenue, at the southeast corner of Lot 6, Block 21, Port Angeles Tidelands East; Thence westerly along the north line of Railroad Avenue to the east line of Lincoln Street; Thence northerly along the east line of Lincoln Street to the outer harbor line; Thence westerly along the outer harbor line to the west line of Oak Street; Thence southerly on the west line of Oak Street to the north line of Railroad Avenue; Thence westerly along the north line of Railroad Avenue ex- tended to a point 50 feet west of the west line of Oak Street; Thence southerly parallel to the west line of Oak Street to the south line of Front Street; Thence westerly on the south line of Front Street to the south line of Marine Drive diagonal; Thence southwesterly along the south line of Marine Drive diagonal to the west line of Lot 6, Block 13, Townsite of Port Angeles; Thence southerly along the west line of said Lots 6 and 15, Block 13, Townsite of of Port Angeles, projected to the south line of First Street; Thence easterly along the south line of First Street to the west line of Cherry Street; Thence southerly along the west line of Cherry Street to the north line of the alley between First and Second Streets; Thence easterly along the north line of said First/ Second alley to the southeast corner of Lot 6, Block 30, N.R. Smith Subdivision; Thence northerly along the east line of Lot 6, Block 30, N.R. Smith Subdivision projected to the north line of Railroad Avenue and the southeast corner of Lot 6, Block 21, Port Angeles Tidelands East, the point of beginning. REVISED RBI A ....BOUNDARY% 8-22-85 tJ 10 u) v CIL I 14 it .9., 2 0 111111111111,111UMIU1LIIIIt 10 6 1 r 200 0 200 SCALE i 200' RONT 1 0111111/111/111.11A III 1121111111.1.11111111411111 10 1 11 10 FIRST 400 r 1 20 11 RAILROAD 1 10 1 oar rairinstoston ttttttttttttttttt IA lllll Tr 141 0,01141011vol lllllll illi010/ .0, .091,00100 0001 HARBOR LIRE LI ri) 20 10 'Num linnion LINE AVE S111C E 1 i 2T$. 10 1 9 1 STREET 10 1 9 1 9 6 D CI uTI! d 16 tO —Bot IIWN lllll MO US orat swam 1115.181111 Morn. nm ritv I 1" 1 1 1 1 1 11 11 1" 1 1 1 1 Frl 1 I H I r°1 DRAWN BY: J. CHOHRACH DATE: 31n the Superior (Court of the state of iii asltin tort for «talhim (outq Affidavit of Publication STATE OF WASHINGTON t COUNTY OF CLALLAM J ss The undersigned being first duly sworn on oath, deposes and says. That she is authorized to and does make this affidavit for and on behalf of Port Angeles Evening News, a corporation, and that the following statements of fact are within her personal and actual knowledge That said corporation is the owner and pub- lisher of THE DAILY NEWS, published in Clallam County, and has been approved as a legal newspaper by order of the Superior Court of said Clallam County of the State of Washington. That the annexed is a true copy of a Notice to Change Boundaries of Parking #15742 as it was published in regular issues (and not in supplement form) of said newspaper on August 27, 1985 and that said newspaper was regularly dis- tributed to its subscribers during all of said period That the full amount of the fee charged for the foregoing pubhcation is 116.2 9 at the rate of 1per for the first insertion line and per inch 100 words for each subsequent insertion. line inch X X 100 words Subscribed and sworn to before me this 29 day of August, 1985 t./(..LJ Notary Public in and for the State of Washington residing at Port Angeles r ,,,7 ;',*ii?*'�.:�+P�'+T-'he. Tq rt ':'1 /W: o 4 `NOTICE OF INTENTION`TO CHANGE Ki 0F' P ARKING AND BIlSf IMPROVEMENT "NOTIC IS'. HEREBY "GIVEN tFiat{ the City council of-tthe of on Angeles' i do consider `chci ges boundaries of.,the.proposed Parkinggandh8usinessImprove 'merit Area, at thedconti'nued heanng to be held �dt their u• alai Council.« meeting;±oniSeptember 31985. The boundary 4 p Wry..' t O >d!.' S YQmeedinent. is shown ion the attached map. „tTkie a"maendedective date of 0 dinance 2351 ,,establ shing the, PBIA: eff ivSeptember 4” 1985 A' i .EXHIBITr A 1419 Rallroo Avenue :c Railroad'Avenue to thexeast.Iin o m o ?inorth'erly along the east, jne gf incoln SStite tc tf a e'Uter 't,harbor.line;rThence aIonglfhe, outerahorbor Ilne to +iiie„ esf ine of #70akf treet; Thence'southefly c theirwest ±Une x ended iof oeki STreetgio tfi rid th'` line efRRailr,�oadfibienue; Thence awes eily idling thenorth hne'tof RailroadAvenue 4 ;to a poinii.� feet west of 'the west- llne,of'Oa +..A a. N.FP AMU y FwsT Street Thence `southerly Streetito. the south the slOu'tttline of Front S Drive:di'agonai; Thence, si 't4iikaariViDgie diagonal 3, fpwnsite of en Port"Ang west hne of said l ots a Angeles, projected o thq rry easte dlong the south e ofChe Street; Thc Cherry`Street to the'rior0 and%Second St et es Then, said First /Seec'no d "alley.t Block 30 R. Smith'Sui the east line; of Lot 6 a projected north southeast corner ofLot st, t IandsiEast;;t'e po n't:of' 111111 liiiflui Jet tl�e �uperinr C�nur# of the �ttt #E of MSt�iit�tntt for (�l�ll�tm (�ountn Affidavit of Publication STATE OF WASHINGTON l COUNTY ,OF CLALLAA�I f ss The undersigned being first duly sworn on oath, deposes and says: That she is authorized to and does make this affidavit for and on behalf of Port Angeles Evening News, a corporation, and that the following statements of fact are within her personal and actual knowledge That said corporation is the owner and pub lxsher of THE DAILY NEWS, published in Clallam County, and has been approved as a legal newspaper by order of the Superior Court of said Clallam County of the State of Washington That the annexed xs a true copy of a Ordinance No. 2351 #10658 as �t was published xn regular issues (and not xn supplement form) of said newspaper on July 22, 1985 and that said newspaper was regularly dis- tributed to its subscribers during all of said period That the full amount of the fee charged for the foregoing publication is 2 0 4 5 1 at the rate line of 4. 0 1 pet• inch x x 100 words for the first insertion l line and per inch 100 words for each subsequent insertion. Subscribed and sworn to before me this 24th day of July, 1985 Notary Public ni and fox the State of Washington residing at Port Angeles Go men s �14�y.��u -L ii Yes 6 ;k .�:�ir;•';" y FIRST sto6li "shing oast u�o +.aoo ��k•. July 1,� 1985 %<,ry 5, p r s� v y Dear BysmessOwner ^�t r v� "A s�July�16;,1985, deg of �meeting t e City Council ado led t e atfnched e�pi'e Ar`ea .The O�'`'d'narice pro s`that t`�i'e'y'uses�[ic)',�wh�ich the s 4aon P .�.:w�.�n'��'� .•T e•^v�.cv Argvr �r rt��r:. •..S use�s�' puthor�ize� �u �der'R�CW�35�7'A4010w, tc �r�cludesn.acquisrtlon, copst,u�c ion oper deco(: f'�u�b is p aces, p�o�ot�o of pu,�b events fu nishing o us c, Qnd pro rld ro afio�t {for"iheDow }own,�usinessArea Ml �QI'� �a d' he�Ofdjna��ce' be�c" o�me 'e� #ectrve.�o'A, {r2� 1,485 1f {o "est;ihe estabhshmen rgch'ed';Ordi� •lea�'s�e �e' :,o�iec„ lion o th Cat Matager 140 We "s'1 IfY�A�9 Y 62: You se t e o m be ow fo 'indicating our obleciion A W'rrtten t a�Ai.,�tr�.w zn „�r t„�.ra ?�s 'all •be�'p,'ut�shall(�be fo��, th 'cotistnuctigh;�`"opero- -j �fi�on a�dm�a�nte�7anceof adequatepa [king,�facilifies�forvthe�' Downtown,busmess area as declared?�In tFie mitiatioppetltion r p�esend�pu�suan�O '�RCW,)35�'87�A�030 ,'and other +authorized Rpur poses s`peafied n =RCW 35 "87A 01.0. �y, V Seitio 5 Effective Date This``O�rdinance shall take effect 1 WAu ust 21, 1985 i r Mw t w PASSED by the City ounctl th C 't�ty fegu or,meetnigt'of said Counal held on the 16th day�of,Julyj� .1985: 1 f �•�..s�'�`_;k:'? ,t r _�'a '`s� v 4° ATTESTI, bin .r Merr,A Ldnnoye A,,P�R�OVED /�S TO C aig °D K utson li f� Marine Driv� soul serly,;�nlong the of;tiie alley'kietween�„F �`outheast corrter''of `Lot .r.��.4 nort erly alo 'g the r,� #�t i Subdivtsto p�r,oiected Avenue ariilthe souTheast` Ang Ies,Ti�deiands East they pAIL'poAD NNER 2XARBOpUNE AVEf� 57REET srpeEr Ordinan'e es�ta,�blishg a Parkmg�o dB,us)ness�lm,��ro�; �eelal assessment revenue ma)d be iutsh a"�on a d irmatnte `ancei�p�a�rkng fac Irtities idtng`pro essto al manbgeme t _planning protest stabl'shme Y p oposecl r`"t �t �R µrd r e:;K or ryyarf+"�..:`, `r�., ti' �e a� i*H�: �tS. ;ula� fineetipg<on June�1,8 �1985� ";the�C�ity, utlori Noa �1, 5;. 85�`stating�thC�it t on o establisfta arking��`a "d�}Bus�ne�ss Im �,ovement ,�Afeo,and g�atime cnd�pl6ce or,�publ c hearing.to con sider )�e�t, and ''I 'c,V�HEREAS';�;at., ts"regul�r�mee i�ng l'6 1985 •,��7eCi{y 'r Coulrinl'hefd a publichearing concef�jngth� :fofmat�n �of suchtParkmg a�, n dBusi�e `ss'slril,fovement,;Area�at 00��P M i� �,.�tlie:puf;lic =meeting room t,:�. a Clc�lam�Cou�ntylCoufthouse �i�'1,223,East Four1� Street�cPoft ;rAhgeles,�,Washmgfon t {�IOW'tTHEREF,ORE �TF�E C�TY�;COU(�CIL OF �THE�CITY QF POR NGEL�S �M/AS ff I�GTON�' DQES'�Q` DiAIN',��as�follows re. 4, °'ad 'rraw dsrrp} r1''•' °r s ,�'Fh�AD"' '�d Section5l��T�e,Ci Counc�i�l�tefe �y estoblisF�es a Parking and {Busiriess�l�provemenfr�o�(P A }�forr *hepurpose�of pro r” vliling,i �o�strucfioni� ��ope�aTion and �,mg�cltenor act +o ade�qup_` te, �perkirfg„ pug �pose�S�nuthoriiedlkiy� }�3,5�87�A fo Do"wOtowri busm "'ess,aaea�'�ti.s; '�,s�,��'�.,. M ��Sectio'n`2 �7�ie lioundor es of the PBIA'1"arerdescr��d atTacheif �E �flibirA,. �'S`.�� i���"� r Section 3. The,buainesses.ilx t�e PBI/1 shop „be.sublec) to •the ,�h, an. .,x.�T,.- mr,.,x a=„ .•a�• �•t 4ronr r ov sionso ay,spec�ial., assessment, authori zedliy;,RCW; �`�•35.87A "010. The�estirrlat�" `cafe of levy f;the,','`bnnual� ass`es's':" v t a,�,�$ f^^ r,gr,�;t�j•.. s P.. °"t”, IaAss sssnent`�� �ts�';� ���4�;�j't»`'�= I�.guslness:�4rea 60 x s,�� `"f Less�Yhan 1�000 ;'�1 o �w g,� �trt i"� h l�l'- .000 rr i x'150E �`�,�i ��d*,�� 5 000 ore sq�ft SFor the pur` "pose of said rates `of'assessmerlt area' .M�d r n�: ce.�,. r R sn..+Ar s`•sFiali be defined asgross;busiriess and businessRsupport syace y'� 4""tl "x +'e rr x;w.n.,, n, a,Tdm t.n ^..o.�.e. +per- 5?a'Aa.. "1. F Y Bus�ne�ses whic{� provide -up ta50% of street =parkin r a,' malr'o r flw '.9 v s" is H iw'�+arnca u»^� �r.rw. �*.r rl�eds� (ger�Cityporkmg"�ec)uirements) w�ll�ave their onnud �nssessmeri��reducec�� by '�or�e`ygssessilie nt''I'evel� however�rio ope, w�Il, pay�lesszthon� ,60, i ,Ser"Xioq 45 T!7 uses t �w .the special �a �ORDIIVANCE'`NO2351 �AN�aORDI the C1fyhof ,Po {Angeles Qa�kllig'�gnd b,�siness improvemerit,'�area,� WIIER�AS$, _ourlcil,dd�opted Reso Whidden, i MAYOR i l 1 X 1161 Beginner t� „a point "`C tthe'rio�t hne''of Railroad Avenuexagt the soul east corner of ot b Bloc,�k 2,' Port Angeles "I `Tidelands East ;Thence westeriy' glong the north �lirie� of j .Railroad Avenue to t'Heieast�line•of;lincolh S "ti•eet;Tlience nor r nraiL w FS+a,;�•• �T w.,�* M°kf'fi ,ar�':r. d 5 n qth�,, erlyohgk theeostlineofrLincolnS 'treet��to th`e;AUter Iln„�e'; Thence" wester�y�a '''�long�tl7�e,ter line fo�the +west �iineof�O hence' tsoutherlon�the �Street'to�t_he�nort line of Railroad Avenue•�The'nie along�fie Ir�o'ad�A,�venu'eto""a pointr50.feet yw of th�e of�0ak¢S��eet• Tfience`Isoutherly�paroll� Irfo�the westt�hne of Ook Str�e'et�to helsou�th�line,of Front,S�reet Thence,`• wester�,,ly on the, of ^Fr"ont�Seet�to�fhe�,south Itne a nne Dr�'ve•dlago�nal; Thence sout,�b�w,esrerly?alo�g th�e,south� ne o e to the` east line�df'Valle Stree Thence''' east, lne' ofValley' �''Streef;to °�the•north�line��' S 'Street and Seco 'ridStreefr'o�`the� B o�ck 30 ';N `east li ne� of,Lota6�Block3�0��`�,N;R. ,FO the: rior�th 1ineo�fRailr'oad r orner; of:aot 6 'Block, 2' /s. •`"Rort point ofgbeginn'n'�: l..9- t I July 17, 1985 Dear Downtown Business Owner: At its July 16, 1985, regular meeting, the City Council adopted t'rle attac��ed Ordinance establishing a Parking and Business Im- provement Area (PBIA). The Ordinance provides that the uses to which the saecial assessment revenue may be put shall be for all uses authorized under RCW 35.87A.010, which includes, acquisi- tion, construction, operation and maintenance of parking facili- ties, decoration of public places, promotion of public events, furnishing of music, and providing professional management, planning and promotion for the Downtown Business Area. The Ordinance becomes effective on August 21, 1985. If you protest the es�ablishment of the proposed PBIA as set forth in t��e attached Ordinance, please mail your written objection to the City Manager at 140 West Front Street, P. O. Box 1150, Port P.rgeles, WA 98362. You may use the form below for indicating your objection. written protest must be received no later than August 14, 1985. Very truly yours, r, s ��..f�� 1 1.�,�� Charles D. Whidden, Diayor CDW:CDK:LF I, establishment of the proposed PBIA. Commer� CITY OF POINT ANGELES 140 WEST FRONT ST P O BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 3 o 1u��/�/ D ire -e��� `il. -c� 11L�/ C. t f �C[�C c`�Z P'�t.�- C��- -��c� .iG' C?�-2J .�jC E�y��'a .J i /i T`' hereby protest the Port Angeles City Council c/o Dave Flodstrom City Half Port Angeles Dear Council Members: Aug. 24, 1985 Although I am for the proposed PBIA, as well as any other projects to improve and enhance the downtown area for tourism as well as the local consumers, I feel that the 300 blocks of West First St. and West Front St. are inappropiately�.included in the PBIA. In my opinion this area is not a part of the main retail business sector. Rather it is a kind of buffer zone between the heavy industrial log yard and mill across the street to the west and the main downtown area. The businesses in this area do not rely on the foot traffic in the downtown area. The businesses, consisting of media, light industrial auto motive, and small sole ownership service oriented businesses either do not require a high customer turnover rate or da their business through means other than foot traffic (ie., sales reps., telephone, word of mouth, and insurance companies). I can personally testify that this area already has more than adequate parking. I recently took my own survey, which I understand no one has actually done. Out of a total o£. 26 parking places on"�'irst St. between Valley and Cherry, at 1 :30 pm 'i�esday Aug.,20, 1985, seven were being used. Other times showed this: Total �26 1:00 pm 7 used 2:00 pm 8 3:00 pm 9 used I also walked through the private lots at 1:30 pm on the same day and came up with these results: Available Used Port Building (2 lots) 60 32 Bryant's Upholstery 12 2 Spencer's 16 1 Labelle Beauty 0 0 Dirt Buster's 0 0 Daily News (2 lots) 56 26 KONP 12 2 Hardy's 13 8 As these figures show, our parking facilities in this area are more than adequate. I also do not see where the businesses in the area will benefit from the promotional part of the PBIA. Again, since we are mainly service oriented businesses we either do not require a large turnover of foot traffic or we advertise and do most of our business through other media (ie. sales reps., telephone, word of mouth,�or� insurance companies).' As far as beautification of this area, I believe that if the area is to� be included in the PBIA then the majority of the money from the PBIA should be used to create a more "downtown" atmosphere in our area. In past beautification projects this area has paid its equal share but has received very little in return, when in all actuality this area would require a great deal more than other areas of the downtown to create a "downtown" atmosphere that would attract downtown type businesses. In summary I would like to point out that this area has more than adequate parking at present. I feel the area also would benefit very little from the promotion aspect. And further I feel that any monies spent on beautification would more likely be spent on the center of the PBIA area (as in past beautification projects) rather than where it is needed the most, in our area, to attract more businesses which in turn may eventually make our area an actual part of the downtown business sector. Sincerely, DIEMORANDUM July 31, 1985 TO: Rob Orton, Director, Finance Administrative Services FROM: Craig D. Knutson, City Attorney RE: Method of Collecting PBIA Assessments Upon your request, we reviewed Title 35 RCW for methods of col- lecting assessments that could be referred to in RCW 35.87A.130. We have also reviewed a paper by Corporation Counsel for the City of Longview which concluded that "If one or more assessments become delinquent, the best procedure will be to treat it as any other unsecured debt, sue the business owner, obtain a judgment, and then pursue the ordinary collection remedies of garnishment of bank accounts or execution and sheriff's sale." The reason for not relying upon the LID collection assessment method is that the PBIA deals with businesses rather than property owners and is not conducive to the lien against property that is the corner- stone of the LID assessment collection method. We would also like to point out that RCW 35.87A.080 was amended by Section 2, Chapter 129, Laws of 1985, to provide that special assessments shall be imposed and collected annually, or on another basis specified in the ordinance establishing the parkaong and business improvement area. Thus, if the City and Downtown Association determine that the assessments should be imposed and collected on other than an annual basis, the ordinance should be amende,� accordingly. Craig D.�nutson City Attorney CDK:LF cc: Dave Flodstrom, City Manager r'= RE'dER�UE OPERATING COSTS DEF3I`T SERVICE ANNiYAL NET CU�ZUYfA3'IVE $17,670.00 2,200.00 S?9 From Parking Meters (Dan Dr��r 1� per �ral�.dation Total S2a cash from meters 2,_864.00 1G validation $25 (Don Drury) $b 3,000 .00 $17,670.00 cash from meters 2,200.00 1� per validation $19 813,SOO.OD $14 g �DD oD0 Ada��nce of $5'Y,334.95 to be ar,�ox�t�.�ec� at 5� 25 yPSa, $$4,185.00 $4,185,D0 $4,1_85, D0 All revenue and operating costs taken from Don Drury (�U. G. Jacobson Co.) projections Enc� of 5 years End of 10 years p 1 us plus plus $2 p3.us $2,685.00 $2,185.00 plug $4,870.00 $7,326.00 plus $12,196.00 $26,850.00 $63,500,00 The City of Port Angeles and the Downtown Parking Association will jointly develop and operate the proposed off street parking project. The city will have title to all of the property, leases and improvements. The city will also take charge of the operation, maintenance and supervision of all the off street parking locations. The city will handle all of the revenue derived from the parking meters also the vali- dating fees to be paid by the Association. The Association proposes to pay one (1�) cent fo r each validation for one (1) hour free parking. The Parking, Association will appoa.nt an advisory committee to meet at regular intervals with the City Council, or their representative, to review the operation and to deter mine if the revenues are adequate to take care of the debt service 'of 54185.00 and the estimated op ®rating expenses of 513,000.00. It is also the intent that a reserve is to be built up for future off street parking development and beauti- fication. If it is determined that ttae revenues are not adequate for 'that purpose, the parking fees and the validating charge to the Association will be adjusted so as to return the desired revenue In the future if the necessity should arise, the Park ing Association would like to be able to consider a longer period of validated free parking, provided, hoGrever, that adequate revenues will be maintained at all times n, J� .rf. f, �r r: r_ t r .l l j_- ..1 t' jl i' x., :r�� F�+ a r, •ir 1. r r r r: �'t t.. r r a �.t .r. j' '5:��. OFF STRE£T PARKING PROGRAPZ Land Acqu�.sition Capital Improvements Total Development Cost City Investment $150,000.00 Parking Association In- $150,000.00 vestment 30 0, 0 0 0 .0 0 $143,780.76 $213,559.79 $357,335.05 $300,000.00 Total to complete project, including the pub lie 57,334.95 corridor The City to advance the $57,334.95 to be amortized over a period of 2,8�years at 5� $4185.55 per year. rt�`� 1 j d.- p ,4 �.i I l/A, Sf1 011 -n p 4"" pORTg V �N s July 17, 1985 Dear Downtown Business Owner: CITY O� PORT ANGELES 140 WEST FRONT ST P O BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 At its July 16, 1985, regular meeting, the City Council adopted the attached Ordinance establishing a Parking and Business Im- provement Area (PBIA). The Ordinance provides that the uses to which the special assessment revenue may be put shall be for all uses authorized under RCW 35.87A.010, which includes, acquisi- tion, construction, operation and maintenance of parking facili- ties, decoration of public places, promotion of public events, furnishing of music, and providing professional management, planning and promotion for the Downtown Business Area. The Ordinance becomes effective on August 21, 1985. If you protest the establishment of the proposed PBIA as set forth in the attached Ordinance, please mail your written objection to the City Manager at 140 West Front Street, P. O. Box 1150, Port Angeles, WA 98362. You may use the form below for indicating your objection. Written protest must be received no later than August 14, 1985. Very truly yours, i Charles D. Whidden, Mayor CDW:CDK:LF I, establishment of the proposed PBIA. Comments hereby protest the t� ORDINANCE NO ���j t AN ORDINANCE of the City of Port Angeles establishing a parking and business improvement area. WHEREAS, at its regular meeting on Jure 18, 1985, the City Council adopted Resolution No. 15 -85 stating the City Council's intention to establish a Parking and Business Improvement Area and setting a time and place for public hearing to consider establishment of such an area; and WHEREAS, at its regular meeting of July 16, 1985, the City Council held a public hearing concerning the formation of such Parking and Business Improvement Area at 7:00 P.M. in the public meeting room at the Clallam County Courthouse, 223 East Fourth Street, Port Angeles, Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DOES ORDAIN as follows: Section 1. The City Council hereby establishes a Parking and Business Improvement Area (PBIA) for the purpose of providing for the acquisition, construction, operation and maintenance of adequate parking facilities and other purposes authorized by RCW 35.87A.010, for the benefit of the Downtown business area. Section 2. The boundaries of the PBIA are described in the attached Exhibit "A Section 3. The businesses in the PBIA shall be subject to the provisions of a special assessment authorized by RCW 35,87A.010. The estimated rate of levy of the annual assessment is: Annual Assessment Business Area 60. Less than 1,000 sq.ft. $100. 1,000 5,000 sq.ft. $150. 5,000 or more sq.ft. -1- For the purpose of said rates of assessment, "business area" shall be defined as gross business and business support space, Businesses which provide up to SOo of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level; however, no one will pay less than $60 per year. Section 4. The uses to which the special assessment revenue shall be put shall be for the acquisition, construction, operation and maintenance of adequate parking facilities for the Downtown business area as declared in the initiation petition presented pursuant to RCW 35.87A.030, and other authorized purposes specified in RCW 35.87A.010. Section 5 Effective Date. This Ordinance shall take effect August 21, 1985. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of July., 1985. ATTEST: Mer�ri A. Lannoye, City�Clerk APPRQ'VED AS TO FORM Craig I�Knutson, City Attorney PUBLISHED: D a I�`��� C M A Y O r� EXHIBIT "A" Beginning at a point on the north line of Railroad Avenue, at the southeast corner of Lot 6, Block 2z, Port Angeles Tidelands East; Thence westerly along the north line of Railroad AQenue to the east line of Lincoln Street; Thence northerly along the east line of Lincoln Street to the outer harbor line; Thence westerly along the outer harbor line to the west line of Oak Street; Thence southerly on the west line of Oak Street to the north line of Railroad Avenue; Thence westerly along the north line of Railroad Avenue to a point 50 feet west of the west line of Oak Street; Thence southerly parallel to the west line of Oak Street to the south line of Front Street; Thence west- erly on the south line of Front Street to the south line of Marine Drive diagonal; Thence sQ�thwesterly,.along trhe south line of Marine Drive to the east line of Valley Street; Thence southerly along the east line of Valley Street to the north line of the alley between First Street and Second Street to the southeast corner of Lot 6, Block 30, N.R. Smith Subdivi- sion; Thence northerly along the east line of Lot 6, Block 30, N.R. Smith Subdivision projected to the north line of Railroad Avenue and the southeast corner of Lot 6, Block 22, Port Angeles Tidelands East, the point of beginning. "r 911111111111111 ltl llllll lltl llll tll{I11111111lIt {lll8l8i!!l� Q l0 i zoo o zoo aoo C SCALE I "200' �[11111Illlllll'�ll 111lfllf llllllfljlljlllltllWlltlllLl�� I W r a t FIRST r I l0 i to A I t t111® �iA @B @@8 @O!) @[�0@ @A @@t3908l3 @88 8118 @O ©@B@ @D® @l 1 W a u� RAILRQAD I 20 II 20 10 tm�,t„" 9 INNER HARBOR LINE AVE 1 TLF STREET 9 I STREET I 9 I F�- t 1 J r Z a J J 2 TLE IB 10 a--- n.. a .:II :,6 7fi',;� ►,.139 l 7![ ISK.;3 7A `V� i �$Tc�:,. i1� I'�R�• III ��1�� :1, �i1i.8;13T: 1i� ��1�� a r" 1 1 i i�f (1 �b7 f 1 1( l 1� I r`1 1 1!( i'dr I I 1 1 °f 1 r >TT DRAWN 8Y: J. CHONRACH DATE: 7— �Q5 P E T I T I O N for establishing a Parking and Business Improvement Area TO: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We, the undersigned operators of businesses, hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBIA) for the purpose of providing for the acquisition, construction, operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 1 2 3. 4. 5. 6. s. 9. 10. 11. 12 13. 14. 15. 16. 17. 18. 1�J' 2O. 2. The boundaries of the proposed PBIA are described in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area $60 Less than 1000 sq. ft. $100 1000 5000 sq. ft. $150 5000 sq. ft. or more Business area is defined as gross business and business support space. 4. Businesses which provide up to 500 of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However, no one will pay less than $60 per year. 5. We by of �L LJ.. understand the law requires this petition to be signed the operators of businesses responsible for payment sixty percent of the assessments. NAME BUSINESS l /h-� p������ �"'ti 'c `����5 �S�u�t Z if �i�Cnt� ���J' Yrlax�XJ� S ,�2�� r�-o w j,� /3 /�s ADDRESS DATE GJ, t'/�c err �/.2 /�S� 7 �Zr�au�cL y��� 5'I,�/i 4 /Z jaf'� l /7G��_ ���.1 �S y���r tt� v,�. ►e,�7 4��.4`85 1. 8. 9 14. 15. 16. 18. 19. 20. P E T I T I O N for establishing a Parking and Business Improvement Area T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We, the undersigned operators of businesses, hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBI`A) for the purpose of providing for the acquisition. construction, .operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. The boundaries of the proposed PBIA are described in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area $60 Less than 1000 sq. ft. $100 1000 5000 sq. ft. $150 5000 sq. ft. or more Business area is defined as gross business and business support_space. 4. Businesses which provide up to 50� of their off street parking needs (per City parking requirements) v�ill have their annual assessment reduced by one assessment level. However, no one will pay less than $60 per year. 5. 4Ve understand the Iaw requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. DATE G� 3 rr��� G 3'urT� i�( t� y I� /l l Sri NAME BUSINESS U U t 1 �Y f i ot�� @��t� �m��� of �--�Q P E T I T I O N for establishing a Parking and Business Improvement Area T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We, the undersigned operators of businesses, hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBI'A) for the purpose of providing for the acquisition. construction, ,operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. The boundaries of the proposed PBIA are described in the attached Exhibit A. i 5 l/ 7IJ�u_- .����'.hLc.fL 6. 7. 14. 15. 16. 17. 18. 19. NAME 3. The estimated rate Annual Assessment $60 $100 $150 Business area is defined as gross business and business support space. 4. Businesses which provide up to _5 of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However, ao one will pay less than $60 per year. 5. 4ve understand the law requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. 20. of levy of the annual assessment is Business Area Less than 1000 sq. ft. 1000 5000 sq. ft. 5000 sq. ft. or more BUSINESS fief ,1 N /�S i�� /�s /l� S �r�1;;ri,�/1 DATE ADDRESS X06 i� �O��,s l0�l�fs� 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 2 0 P E T I T I O N for establishing a Parking and Business Improvement Area T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We. the undersigned operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBI'A) for the purpose of providing for the acquisition. construction operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. The boundaries of thA proposed PBIA are described in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area $60 Less than 1000 sq. ft. $100 1000 5000 sq. ft. $150 5000 sq. ft. or more Business area is defined as gross business and business support space. 4. Businesses which provide up to 50$ of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However. no one will pay less than $60 per year. 5. We understand the law requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. NAME BUSINESS ADDRESS DATE ��.�a_,_�ts��e� �1 12�P►4 ls� Co(�.cl� 1� 7 i� 5. 9. 10. 11. 12. 13. 19. 20. P E T I T I O N for establishing a Parking and Business Improvement Area T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We, the undersigned operators of businesses, hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBIA) for the purpose of providing for the acquisition, construction, operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. The boundaries of the proposed PBIA are described in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area $60 Less than 1000 sq. ft. $100 1000 5000 sq. ft. $150 5000 sq. ft. or more Business area is defined as gross business and business support space. a+. 4. Businesses which provide up to 500 of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However, no one will pay less than $60 per year. 5. We understand the law requires this petition to be signed b�� the operators of businesses responsible for payment of sixty percent of the assessments. e�� c j�o�3 NAME BUSINESS V ADDRESS DATE 4 ��7` /moo ,���v ��%�5� T`a R� a`� /0 Lip.»/ G�1 14. 15. 16. 17. 18. 19. 20. P E T I T I O N for establishing a Parking and Business Improvement Area T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We, the undersigned operators of businesses, hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBI'A) for the purpose of providing for the acquisition, construction, .operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. 3. 4. 5. 6. 7. a. 9. lo. 11. 12. 13. 2. The boundaries of thc� the attached Exhibit A. 3. The estimated rate Annual Assessment $60 $100 $150 5. We by of Business area is defined as gross business and business support space. 4. Businesses which provide up to 50$ of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However, no one will pay less than $60 per year. _C l understand the law requires this petition to be signed the operators of businesses responsible for payment sixty percent of the assessments. NAME proposed PBIA are described in of levy of the annual Business Area Less than 1000 sq. ft. 1000 5000 sq. ft. 5000 sq, ft. or more assessment is BUSINESS ADDRESS DATE ���/11/iQ�i t�. �dU l5 I�S GQF tiG �0 r idS� G i �����i7 l (Q l�� f �,4RSo.J�- �G L �sr GI�2��s 4. 14. 15. 16. 17. 18. 19. 20. P E T I T I O N for establishing a Parking and Business Improvement Area T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We, the undersigned operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBI'A) for the purpose of providing for the acquisition, construction, .operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. The boundaries of the proposed PBIA are described in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area $60 Less than 1000 sq. ft. $100 1000 5000 sq. it. $150 5000 sq. ft. or more Business area is defined as gross business and business support space. 4. Businesses which provide up to 50$ of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However, no one will pay less than $60 per year. 5. We understand the law requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. 5. 6. 7. 8. 9. 10. 11. 12. 13. NAB �,J ADDRESS DATE BUSINES$�°'� C C� a'l E ��A� �6 /O v� 4� T0: THE CITY COUNCIL OF THS CITY OF PORT ANGBLSS We. the undersigned operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to �astablish a Parking and Business Improvement Area (PHI'AJ, for the purpose of providing for the acquisition, construction. ,operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. P B T I T I 0 N for establishing a Parking and Business Improvement Area 2. The boundaries of the the attached Exhibit A. 3. The estimated rate Annual Assessment X60 $100 $150 NAME L��Cts+� BUSINESS �lke.�D�G..y proposed PBIA'are described in of levy of the annual Business Area -Less than 1000 sq. 1000 b000 sq. !t. b000 sq. ft. or more as$essment is ft. Business area is defined as gross business and business support space. 4. Businesses which provide up to b0$ of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However. no one will pay less than $60 per year. 5. We understand the law requires this petition to be signed by the operators oP businesses responsible for payment of sixty percent of the assessments. ADDRESS DATB �4.�w•F�c rr. (0����5 t�CY •�6. 7• 10• 1. 2. 3 11. T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES P E T I T I O N for establishing a Parking and Business Improvement Area We. the undersigned •operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBI'A) for the purpose of providing for the acquisition. construction. _operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. The boundaries of thA proposed PBIA'are described in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area X60 Lass than 1000 sq. ft. $100 1000 5000 sq. ft. 5150 5000 sq. ft. or more Business area is defined as gross business and business support space. 4. Businesses which provide up to 50$ of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However. no one will pay less than S60 per year. 5. We understand the laN requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. ADDRESS• DATB BUSINESS �lo� d_� �4 �f M ��.;.1���1G6i; ��f��z c a r •c �.s�zE.� -l�.s_ r P E T I T I O N for establishing a Parking and Business Improvement Area T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We, the undersigned operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBIA) for the purpose of providing for the acquisition, construction, operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 2. The boundaries of the proposed PBIA are described in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area $60 Less than 1000 sq. ft. $100 1000 5000 sq. ft. $150 5000 sq. ft. or more Business area is defined as gross business and business support space. 4. Businesses which provide up to 50$ of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However, no one will pay less than $60 per year. 5. We understand the law requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. NAME i BUSINESS 3 ADDRESS DATE P E T I T I O N for establishing a Parking and Business Improvement Area T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We, the undersigned operators of businesses, hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBIA) for the purpose of providing for the acquisition, construction, operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 4. 5. 6. 7. 8. 9. 10. 11. NAME 2. The boundaries of the proposed PBIA are described in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area $60 Less than 1000 sq. ft. $100 1000 5000 sq. ft. $150 5000 sq. ft. or more Business area is defined as gross business and business support space. 4. Businesses which provide up to 50$ of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However, no one will pay less than $60 per year. 5. We understand the law requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. BUSINESS ADDRESS DATE j G 1. 3. 4. 5. �6. 7. 8. 9. 10. 11. P E T I T I O N for establishing a Parking and Business Improvement Area T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We. the undersigned operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parkfng and Business Improvement Area (PBI'A) for the purpose of providing for the acquisition. construction. .operation and maintenance of adeq «ate paring facilities for the benefit a: the ciownto�rn busi� less arE3a. 2. The boundaries of thA the attached Exhibit A. 3. The estimated rate Annual Assessment $60 5100 $150 ,5. We by of Business area is defined as gross business and business support space. 4. Businesses which provide up to 50$ of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However. no one will pay less than S60 per year. proposed PBIA'are described in of levy of the annual Business Area Less than 1000 sq. 1000 5000 sq. ft. 5000 sq. it. or more assessment ft. i s understand the law requires this petition to be signed the operators of businesses responsible for payment sixty percent of the assessments. NAME BUSINESS ADDRESS DATE �5��� cos /�3I8�- TO: THE CITY COUNCIL OF THB CITY OF PORT ANGELES 3. 4. 5. P E T I T I O N for establishing a Parking and Business Improvement Area We. the undersigned operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBI'A) for the purpose of providing for the acquisition, construction. .operation and maintenance of adequate parking facilities for the benefit of the downtoam business area. 2. The boundaries of the proposed PBIA'are described in the attached Exhibit A. 6. 3. The estimated rate of levy•oi the annual assessment is Annual Assessment Business Area 360 Less than 1000 sq. it. 5100 1000 5000 sq. ft. 5150 5.000 sq, ft. or more Business area is defined as gross business and business support space. 4. Businesses which provide up to 50� of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However. no one grill pay less than S60 per year. 5. We understand the lam requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. BUSINESS j ��s DDRESS DATB R im /i; f v t P E T I T I O N for establishing a Parking and Business Improvement Area T0: THE COUNCIL OF THE CITY OF PORT ANGELES We. the undersigned operators of businesses, hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBIA) for the purpose of providing for the acquisition, construction, operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 1. Z. 3. 4. 5. 6. 7. a. s. lo. 2. The boundaries of the proposed ?BIA urs descr�b�d in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area $60 Less than 1000 sq. ft. $100 1000 5000 sq. ft. $150 5000 sq. ft. or more Business area is defined as gross business and business support space. 4. Businesses which provide up to 50� of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However, no one will pay less than $60 per year. 5. We understand the law requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. NAME BUSINESS ADDRESS DATE l �';�i�t.���P� /'�ill�bPn O� �yc9/�7C�/'C'C 1a�3/�ai /nDaZC� ��]j�J v TO: THE CITY COUNCIL OF THE CITY OF PORT ANGELES 1. 2. 3. The estimated rate Annual Assessment $60 $100 $150 ��A� P 8 T I T I O N for establishing a Parking and Business Improvement Area We. the undersigned operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBI'A) for the purpose of providing for the acquisition. construction. ,operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. The boundaries of the proposed PBIA'are described in the attached Exhibit A. of levy of the annual Business Area Less than 1000 sq. it. 1000 5000 sq. it. 5000 sq. it. or more assessment is Business area is defined as gross business and business support space. 4. Businesses which provide up to 50� of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However. no one will pay less than S60 per year. 5. We understand the law requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. NAME BUSINESS ADDRESS DATB i 'T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES •We,�the undersigned operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1,. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBIA) for the purpose of providing for the acquisition, construction, operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. P E T I T I O N for establishing -a Parking and Business Improvement Area 2. The boundaries of the proposed PBIA are described in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area $60 Less than 1000 sq. ft. $100 1000 5000�sq. ft. $150 5000 sq. ft, or more Business area is defined as gross business and business support space. 4. Businesses which provide up to 50� of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However, no one will pay less than $60 per year. 5. We understand the law requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. NAME BUSINESS ADDRESS DATE ��l T0: THE CITY COUNCIL OF THE CITY OF PORT ANGELES We. the undersigned operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBIA) for the purpose of providing for the acquisition. construction. operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 1. 2. 3. 4. 5. fi. 7 8. 9. -10. 11. P E T I T I O N for establishing a Parking and Business Improvement Area 2. The boundaries of the proposed�'PBIA are described in the attached Exhibit A. 3. The estimated rate of levy of the annual assessment is Annual Assessment Business Area $60 Less than 1000 sq. ft. $100 1000 5000 sq. ft. $150 5000 sq. ft. or more Business area is defined as gross business and business support space. 4. Businesses which provide up to 50$ of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However. no one gill pay less than $60 per year. 5. We understand the law requires this petition to be signed by the 'operators �of businesses responsible for payment of sixty percent of the assessments. BUSINESS o y ADDRESS DATE /ley f 7�s-�S i T0: THE CITY COUNCIL OF THB CITY OF PORT ANGELES We, the undersigned operators of businesses. hereby petition the City Council pursuant to Chapter 35.87A RCW as follows: 3. 4. 5: 6. 7. s.� 9. 1 0 r ll• P E T I T I O N for establishing a Parking and Business Improvement Area 1. The undersigned petitioners request the City Council to establish a Parking and Business Improvement Area (PBI'A) for the purpose of providing for the acquisition. construction, ,operation and maintenance of adequate parking facilities for the benefit of the downtown business area. 2. The boundaries of the proposed PBIA'are described in the attached Exhibit A. 3. The estimated rate Annual Assessment $60 $100 $150 Business area is defined as gross business and business support space. 4. Businesses which provide up to 50$ of their off- street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level. However. no one will pay less than $60 per year._ 5. We understand the lax requires this petition to be signed by the operators of businesses responsible for payment of sixty percent of the assessments. NAMB of levy of the annual Business Area Less than 1000 sq. it. 1000 5000 sq. ft. 5000 sq. ft. or more BUSINESS ADDRESS DATB assessment is PETITION for "estebli•sh'ing� a Parking and Business Improvement Area THE CITY COUNCIL• OF THE CITY OF PORT ANGELES �'`�W.e. the undersigned operators of businesses. hereby petition e. °;C�i`ty;Council.pursuant,to Chapter 35.87A RCW es follows: The. undersigned petitioners request the City Council to establish a Parking and Business Improvement Area �(PBIA)-�for the purpose of providing for the acquisition. constru'ctio_n; operation and maintenance of adequate parking 'facili•t'ies for tbs benefit of the downtown business area. The boundaries of the the attached Exhibit A. `The estimated rate Annual Assessment T1S60 5100 5150 proposed�'PBIA are described in of levy of the annual assessment Business Area Less than 1000 sq. ft. 1000 5000 sq. ft. 5000 sq. ft. or more Business, area "is defined _as gross business and business �suppor. t :`space is r urhir_i, n�ir+�istRi� ;.'.P` s� ��1C. A at►. e •s x Y ,�.vy pia, aaavai va�a�'ati�GCt parking needs iper City parking' "requirements) wi11 have •;their, annual assessment reduced by one assessment level. -However.�no. one rill pay less than S60 per year. ,We understand the law requires this petition J to be signed ".by the, operators of businesses responsible for payment `of sixty'`perceni of the assessments. HUSiNESS ADDRESS DATE J LEASE AC,REEMENT This LEase made this 31se of May 1985 by and between Harbortowne. a partnership (herein Lessor) and the Port Angeles Downtown Association, Inc. a Washington Corporation, (herein Lesseej. 1. PREMISES: Lessor does hereby lease to lessee, the following described real estate, situated in the City of Part Angeles, Clallam County, Washington: That portion of Lots 1 and 2, Block 1, Tidelands East of Laurel Street, Port Angeles, Tidelands., Clallam County, Washington, described as the Soutfi 149 feet of the West 26.5 feet lying easterly and adjacent to the er.isting Public Parking Lot owned by the City of Part Angeles, Washington. EXCEPT air rights which are reserved by Lessor for future development_ Said development will not restrict the then existing public parking. Any area covered as a result will be prooej-ly lighted for safety. 2. TERM: The term of the Lease shall be for 15 years commencing the 31Gr.day of May 1985 and terminating on the 3i day of May 2000. 3. RENT: Lessee agrees to pay Lessor, at the office of Lessor 2Tlo n�k�,,,��� Dr, n��]�s. gR3h? or at any other place as Lessor may hereafter esignate, month y rent in the amount of TWENTY -FIVE DOLLARS (25.00) in advance, �n the first day of each month of the Lease tens. If Lessee is in possession of the premises fora portion of a month, the monthly rent shall be prorated fir the number of•days of Lessee's possession during that month. Said monthly rent will be subject to renegotiation at Lessor's option at the end of each 5 year term of the Lease, but in an amount not to exceed a 50% increase of the then existing rental amount. 4. r�JRPC�E: It is understood and agreed that the purpose to which said premises ]s to be put is that cf a public automobile parking lot, and it is further understood that the Lessee may fill, grade, pave, stripe, sign, light, install parking meters of any other improvement deemed necessary on said premises for above stated purpose. 5. CONDITIONS ANO OTHER CONSIDERATION: Lessor agrees to pay the remaining balance on its initial assessment to join the Port Angeles Downtown Association. Upon acceptance of this Lease said balance of TWENTY -TWO HUNDRED DOLLARS (52,200.Of,;) shall be due and payable. In consideration of this Lease and the payment of the initial assessment the Lessee agree to improve the premises as follows: A. Install asphalt paving. B. Stripe let for parking stalls. C. Install parking meters. D. Improve and add additional lighting as follows: 1. Remove pole and light on southwest corner of Harbortowne building and remount light on building. 2. Replace existing light on pole adjacent to middle of old Schmitt Sheet Metal Building with brighter light. 3. Install additional light near �_�thwest corner of premises near Front Street. 4. Install additional light on southeast corner of Harbortowne building. E. Any other impro•rz<nents, as deemed necessary by Lessee to bring premises up to its standard as a public parking lot. WITNESSETH: Page 2 11. SURRENDER OF PREMISES: Lessee agrees, upon termination of this Lease, to peacefully quit and surrender the premises without notice, leave the premises neat and clean. �i. It4PROVEMENTS: It is agreed by both Lessor and Lessee that any and all improve ments with the exception of parking meters become the property of the Lessor upon expiration of this Lease. It is further agreed that if this Lease should be terminated by the Lessor for any reason during the first 5�year term, Lessor agrees to reimburse the Lessee for the cost of the improvements on a prorata basis. Said proration will be on a straightline method over the first five years. The City of Port Angeles will determine the actual cost of initial improvements as described in section FIVE (5) of the Lease. 7. REPAIRS, MAINTENANCE AND UTILITIES: Lessee shall be responsible for repair and maintenance of all parking lot improvements, and shall make such repairs as necessary to maintain the premises in a good and safe condition. It shall be the further responsibility of the Lessee to pay all •charges for light, water, or any other utility charges applicable to the premises. 8. ACCIDENT AND LIABILITY: Lessor or its agent shall not be liable for, and Lessee agrees to defend and hold Lessor and its agents harmless from, any claim, action and /or judgement for damages to property or injury to persons suffered or alleged to be suffered on the premises by any person, firm or corporation, unless caused by Lessor's negligence. Lessee agrees to maintain public liability insurance on the premises. 9. SUBLETTING OR ASSIGNMENT: Lessee shall not suble* the whole or any part of the premises, nor assign this Lease without the written consent of Lessor, which will not be unreasonably withheld. This Lease sraiT not be assignable by operation of law. 10. HOLDING OVER: If Lessee, wi:h the implied or express consent of Lessor, shall hold over after the expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month to month. 12. NO WAIVER OF COVENANTS: Any waiver by either party of any breach hereof by the other shall not be considered a waiver of any future similar breach. This Lease contains all the agreements between the parties; and there shall be no modification of the agreements contained herein except by written instrument. 13. COSTS AND ATTORNEY'S FEES: if, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney's fees in connection therewith. It is agreed that the venue of any legal action brought under the terns of the Lease may be in the coanty in which the premises are situated. 14. BINDING ON HEIRS, SUCESSORS AND ASSIGNS: The cc��nants and agreements of this Lease shall be binding upon the heirs, executors, adminstrators, successors �n� assigns of bath parties hereto, except as hereinatove provided. 15. NOTICE: Any notice required to be given by either party to the other shall be deposited in the United States mail postage prepaid, addressed to the Lessor e� 222 No. Lincoln, Port Angeles, WA. 98362, or to the Lessee at P. 0. Box 582, Port Angeles, WA. 98362 or at such other address as either party may designi�.� to the other in writing from time to time. r �,.k��c.: �.i4 i IN WITNESS WHEREUr the parties here`.o have set their hands and executed this agreement the 315r_ da; of May 1985. ��k� �i STATE OF lJASHINGTON COUNTY OF CLALLAM ss. On the 3lstday of May 1985, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Steve W. Doty, Stureis W. Smith and Jack S, Rovd to me known to be the General Partners of HARBORTOWNE, a General Partnership, that executed the foregoing instrument, and acknowledged the said instrument to be the fee and voluntary act and deed of said Partnership, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. �NOtary Pub is in and fer the State of Washington, residing a Pnrt Angeles STATE OF WASHINGTON j ss. COUNTY OF CLALLAM On this S day of 5, before, the undersigned, a Notary Public in and for the State of Washington, dul,Y cortenissioned and sNOrn, personally appeared v�-�:J t c.,. -i,�l 1 C��< 1,�N,����` to me known to be the President and Secretary, respectively of Port Angeles Downtown Association, Inc., the corporation that executed the foregoing instrument, and acknowledged the said instr�^nent to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument and that the seal affixed 'is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. 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T.` t� �r.�"�!',y..• gyp..,. h ^nin •i S S t' Y r� m 1 f. t .1 r 1 +'UCi t �'�e F rY�����+ 1 4 r n Y 1. 51! f[.Y. in�.�l :.i i 'aS.:�i.:.^spe,'^�: I �Y. _�..;'..t,: +,!min- i•.*z'.e*�.as+�✓r•4:..nw- r �'aa...yr "r ?",+1,`4�� ���s!�> E rb M1 .Ru r ��`.h 4 lei t rr� i l •1 bl a ,�,y...;.� ,u J� �.4�• TR �Iv r' p' ,+�4. 1 4�� 4S r %r d L. ,.t,:�rr f'. A w�;r -��dz rte_,• Z r- ,;,�c,,. Apr, Y'g;:i,('s :;.f'� r g a rr.• f,.;: 3§ u�< �af�+ Ka; S.... x=', ora.•D'Y•a'xrn�:,.:= „ltrs,w,�.. i 5�: `t.- .�h�i,lr:.•ri.zd.:�i�..:'�� ts.:5 r 3� iu4 d�'Lit.i'.wa�iX s 'a.. -i T w. r.'. +_r cam,:_'..... h:•��a? �..i.�.ca w „f �k.N�i ^r��k::�ss�Yr „r�:ri.'�: PORT ANGELES DOWNTOWN ASSOCIATION SPECIAL BOARD MEETING FEBRUARY 13, 1986 The meeting was called to order by Jean Fairchild who said the sole purpose of the special meeting was to vote on a resolution to authorize transfer of P.B.I.A. monies from the City to Port Angeles Downtown Association. Jean moved, seconded by Craig Whalley that: "It be resolved the President or the Treasurer of the Port Angeles Downtown Association are authorized to request transfer from ti�eCity of Port Angeles to the Port Angeles Downtown Association, of monies raised through the collection of P.B.I.A. funds. Such requests must be made in writing." The motion was passed unanimously by: Jean Fairchild Dennis Holman George Buck Craig Whalley Scott Davidson Joyce Thomas Jim Haguewood Ron Bradshaw David Brewer Respectfully submitted by�� 1� February 13, 1986 T0: Mr. Rob Orton FROM: Jean Fairchild, President of Port Angeles Downtown Association Dear Mr. Orton: This letter is in reference to P.B.I.A. funds which the City of Port Angeles collects and holds in custody for the Port Angeles Downtown Association to administer. On this day, February 13, 1986, the Board of Directors of the Port Angeles Downtown Association has authorized the President or Treasurer as the officers who may request a transfer of P.B.I.A. funds from the City of Port Angeles to the Port Angeles Downtown Association, and any request for transfer of P.B.I.A. funds shall be by a letter of request. The following is a list of the Board of Directors of the Port Angeles Downtown Association. This list is valid until May of 1986, at which time a new list will be sent to the City of Port Angeles. Jean Fairchild Dennis Holman George Buck Craig Whalley Dave Brewer Ron Bradshaw Scott Davidson Joyce Thomas Dave Flodstrom President Vice President Treasurer Secretary Hope this takes care of money exchange. 457 -9704 457 -0461 457 -1450 457 -1045 457 -4373 457 -4912 457 -1121 457 -6971 457 -0411 RESOLUTION NO. ,Zq �p A RESOLUTION of the City of Port Angeles stating the City Council's intention to extend the boundaries of the Parking and Business Improvement Area and setting a time and place for a public hearing to consider such extension. WHEREAS, the City Council has been petitioned by the owners of property adjacent to the Parking and Business Improve- ment Area to extend the boundaries of the PBIA to include said property; and WHEREAS, RCW 35.87A.040 requires the City Council to adopt a Resolution of intention to enlarge a Parking and Business Improvement Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. The City Council hereby declares its intention to enlarge the Parking and Business Improvement Area established by Ordinance No. 2351. Section 2. The boundaries of the enlarged PBIA are as legally described in the attached Exhibit "A" and as graphically depicted in the attached Exhibit "B Section 3. The proposed uses and projects to which the proposed special assessment revenue shall be put shall be for the acquisition, construction, operation and maintenance of adequate parking facilities for the Downtown business area and other authorized purposes specified in RCW 35:87A.010. Section 4. The estimated rate of levy of the annual assessment is: Annual Assessment Business Area 60. Less than 1,000 sq, ft. $100. 1,000 5,000 sq. ft. $150. .5,000 or more sq.ft. For the purpose of said rates of assessment, "business area" -1- shall be defined as gross business and business support space. Businesses which provide up to 50� of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level; however, no one will pay less than $60 per year. Section 5. The City Council shall hold a public hearing to consider the enlargement of said PBIA at 7:00 P.M., October 7, 1986, in the public meeting room at the Clallam County Courthouse, 223 East Fourth Street, Port Angeles, Washington. The City Clerk is hereby directed to publish this Resolution of intention in a newspaper of general circulation in the City and mail a complete copy of the Resolution of intention to each business in the proposed area. Publication and mailing shall be completed at least ten (10) days prior to the time of hearing. PASSED by the City Council of the City of Port Angeles at a ,regular meeting of said Council held on the 16th day of September, 1986. ATTEST: Sherri L. Anderson Cit Clerk Y APPROVED AS TO FORM: on Cit Attorn Craig D 1�u y ey PUBLISHED �Q ���r n ��ea� >t M A�Y O R EXHIBIT "A" TO RESOLUTION NO. Beginning at a point on the north line of Railroad Avenue, at the southeast corner of Lot 6, Block 24, Port Angeles Tidelands East; Thence westerly along the north line of Railroad Avenue to the east line of Lincoln Street; Thence northerly along the east line of Lincoln Street to the outer harbor line; Thence westerly along the outer harbor line to the west line of Oak Street; Thence southerly on the west line of Oak Street to the north line of Railroad Avenue; Thence westerly along the north line of Railroad Avenue extended to a point 50 feet west of the west line of Oak Street; Thence southerly parallel to the west line of Oak Street to the south line of Front Street; Thence westerly on the south line of Front Street to the south line of Marine Drive diagonal; Thence southwesterly along the south line of Marine Drive to the east line of Valley Street; Then southerly along the east line of Valley Street to the north line of Second Street; Thence easterly along the north line of Second Street to the southeast corner of Lot 13, Block 34, Townsite of Port Angeles; Thence northerly along the east line of said Lot 13 and Lot 13 extended to the north line of the alley between First Street and Second Street; thence easterly along said north line of said First /Second alley to a point 25 feet east of the southwest corner of Lot 2, Block 31, N. R. Smith Subdivision; Thence southerly parallel to the west line of Lot 2 extended and Lot 17, Block 31, N. R. Smith Subdivision, to the north line of Second Street; thence easterly along the north line of Second Street to the west line of Lincoln Street; Thence northerly along the west line of Lincoln Street to the north line of the alley between First Street and Second Street; Thence easterly along the alley between First Street and Second Street to the southeast corner of Lot 6, Block 30, Thompson and Goodwin Subdivision; Thence northerly along the east line of said Lot 6, Block 30, projected to the north line of Railroad Avenue and the southeast corner of Lot 6, Block 24, Port Angeles Tidelands East, the point of beginning. PBIA1 9 N EXHIBIT B TO ORDINANCE NO: w w 10 i. /7 14 IS 6 BOUNDARY EFFECTIVE DATE: 200 0 SCALE s 1"■ 200' 1- N 7- 0: 11 13 20 m mrm 111 uilli wW______ imnu ..n. 10 w 11 1 10 200 FIRST 400 20 LL9-- �1 1 10 1 10 RAILROAD 10 1 J O 4 4 FF IT 10 IF 14144144441 btii Itm p •444«44s 411110 '44444441 letitt 414. Fr.'7 ∎44.44" '44 SECOND 1 9 9 20 10 INNER RAROOR LINE AVE STREET STREET 9 1 1 11 4 .111 1 1 111 a .n1 N. 9 9 6 9 TLE 2 ILE 10 Uyy^^ UU 13 ]],.�S�i POINT Of BEGINNING r I DRAWN BY: J. CHOHRACH STREET DATE T_ aLli RECEIPT Received From Addr ss For ACCOUNT AMT OF ACCOUNT AMT PAID BALANCE DIJE 8K808 M CASH CHECK MONEY ORDER Date ,2—/J 19 f6 4 512 av 7`�h f oliars D 5 c X .4:: 5 °d HOW PAID I I I I I RESOLUTION NO. A RESOLUTION of the City of Port Angeles initiating the process of enlarging the Parking and Business Improvement Area. WHEREAS, the City has received a request from persons who own, operate or manage business properties outside of the Parking and Business Improvement Area established by Ordinance No. 2351 to be included in the PBIA; and WHEREAS, RCW 35.87A.030 provides that the City Council may initiate the establishment of a Parking and Business Improvement Area by Resolution, which process is also applicable to the enlargement of an existing PBIA; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. The City Council hereby initiates the process of enlarging the Parking and Business Improvement Area established by Ordinance No. 2351. Y Section 2. The boundaries of the enlarged PBIA are described in the attached Exhibit "A Section 3. The proposed uses and projects to which the proposed special assessment revenue shall be put shall be for the acquisition, construction, operation and maintenance of adequate parking facilities for the Downtown business area and other authorized purposes specified in RCW 35.87A.010. Section 4. The estimated rate of levy of the annual assessment is: Annual Assessment Business Area 60. Less than 1,000 sq.ft. $100. 1,000 5,000 sq.ft. $150. 5,000 or more sq.ft. For the purpose of said rates of assessment, "business area" shall be defined as gross business and business support space. Businesses which provide up to 50% of their off street parking needs (per City parking requirements) will have their annual assessment reduced by one assessment level; however, no one will pay less than $60 per year. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 1st day of October, 1985. ATTEST: Merri A. Lannoye, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney MAYOR September 22, 1986 Mr. William Cohen 213 Delphi Circle Los Altos, California 94022 Dear Mr. Cohen: cc: Sherri Anderson, City Clerk CITY OF PORT ANGELES 140 WEST FRONT ST P O. BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 By this time you have probably received a copy of the reso- lution setting October 7 as the date of the Public Hearing on your request for an expansion of the '4 boundaries. I have talked to Billie Hoglund and she will attend the public hearing as your representative. As I've told you previously, the pbulic hearing is merely a matter of formality. We do not expect any opposition to your request to expand the bound- aries to include your property. Therefore, it isn't necessary for you to make the trip to Port Angeles just to attend the pbulic hearing. Should you be in Port Angeles at that time on other business, or should you want to attend the public hearing, you are certainly welcome but we did want you to know that the trip wasn't necessary just for the public hearing. When the expansion is approved, we will be contacting you again regarding payment. Also, we will send you a copy of the resolution approving the inclusion of your property. Sincerely, 2V oyce Gonzales Exec. Admin. Asst. HE INSURED NAMED BELOW: Location of Property (if other than above) City of Port Angeles P.O. Box 1150 ._Port Angeles, WA 98362 PL 14 YOU ARE HEREBY GIVEN NOTICE THAT THE DESCRIBED POLICY WILL NOT BE RENEWED UPON ITS EXPIRATION DATE STATED BELOW MORTGAGEE COPY 6r NOTICE OF NON RENEWAL I V 1 1 r 1 Policy Number Policy Issued by The Continental Insurance Company 11 L2 43 64 01 L L J F Producer's Ralston Ralston Inc. Name and P.O. Box 1405 Address L Port Angeles, WA 98362 J Mortgagee Address Named Port Angeles Downtown Association GML Foundation Insured P.O. Box 580 P. O. Box 848 and Mailing Port Angeles, WA 98362 Port Angeles, WA 98362 Address J L Expiration Date 1-25-87 CA V U t UO N(/,'0'‘.^14 Robert—E Collin Manager 10 -14 -RA vw Authorized bignature Date Signed Printed in U.S.A. Continental Insurances. NAMED INSURED r Port 'Ange,les Downtown Association' ,PO, Box 580' Port Angeles, WA 98362- S NAMED INSURED LOSSPAYEE r City of Port Angeles PO Box 1150 Port Angeles, WA 98362 Additional Notices To PAC GEN 2999A FOR INSURED OR LOSS PAYEE 7 J Date Company Policy No NOTICE OF REINSTATEMENT August 26, 1986 ss The Continental Ins. Co L 2 43 64 01 Date of Cancellation Sept. 7, 1986 Expiration Date January 25, 1988 The above policy is hereby reinstated and is in full force and effect and stands as though it had never been cancelled 6thd Robert E. Collins, Manager AUTHORIZED REPRESENTATIVE P R N T E D N U S A Glenn: Section III (C) (see file) of the City's agreement with the Downtown Association requires the Association provide the City with proof of liability insurance. We did receive the attached certificate with policy dates of 1/25/86 thru 1/25/87. Perhaps you should contact John Ralston to see why the policy was cancelled. Another person you may want to contact is Jean Fairchild of the Tourist Trap (President of the Downtown Association). Camille Company Place of Mailing NAMED INSURED LOSS PAYEE City of Port Angeles P. Os Box 1150 Port Angeles, Washington 98362 Cancellation at Company Request. Concellation PAC LIAB 2862) for non payment Please will be notified later as to amount due. NOTICE OF CANCELLATION OF INSURANCE POLICY The Continental Insurance Company Seattle, Washington Take notice that the Company does hereby cancel the policy* designated above in Its entirety, os to all interests insured, in accordance with the terms and conditions of the policy *The word bond shall be substituted for 'policy when applicable If this policy Company Policy No. Date Liability Insurance Policy of premium. The premium earned to the time of cancellation is remit If the amount of earned premium is not indicated you L2 43 64 01 e'Ca Reed i i, f ,,,i-c July 22, 1986 ema Said cancellation to be effective September 7, 1986 12:01 o clock A_ M standard time at the address stated in the policy, unless surren- der thereof to us for cancellation be sooner mode, at which time said policy shall cease and terminate If the premium for this policy has been paid, the excess of paid premium above the pro rata premium for the expired time, if not tendered herewith, will be refunded as soon as practicable Premium adjustment will be preceded by audit, if necessary is in your possession, please return it to the AUTHORIZED REPRESENTATIVE FOR INSURED OR LOSS PAYEE PRINTED INUSA PRODUCER IYalston Ralston, Inc. P. 0. Box 1405 Port Angeles, WA 98362 INSURED Port Angeles Downtown Association P. 0. Box 580 Port Angeles, WA 98362 LTR TYPE OF INSURAt,CE GENERAL LIABILITY A X COMPREHENSIVE FORM X PREMISES /OPERATIONS UNDERGROUND EXPLOSION COLLAPSE HAZARD PROOUCTS,CCMPLETED OPEFA IONS CONTRACTUAL I INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS iPRIV PASS) ALL OWNED AUTOS OTHER TNA;J PRIV PA.S HIRED AU T CS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM OTHER WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY City of Port Angeles P. 0. Box 1150 Port Angeles, WA 98362 L 2436401 POLICY NUMBER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS City of Port Angeles is an additional named insured THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER D COMPANY E I LETTER COMPANIES AFFORDING COVERAGE A Continental B c POLICY En Et, u`i "c POLCY EYP DATE IMM/DDYr) DATE (MWOOrY) 1/25/86 1/25/87 BODILY IN,URY ;COIL( NJUPY IP9 PEi,SOdl EOC LP NJL AY AEA ACCIDB;T) THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW H:.' /E 3EE.'1 ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CF ANY CONTRACT CR OME_R DOCLMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TriE INSURANCE AFFORDED DY THE P0LIC,E3 DESCRIBE;: HERE-:IN IS SUBJECT TO ALL THE TERMS EXCLUSIONS, AND CC`1Di- TIONS OF SUCH POLICIES 1 LIABILITY LIMITS !N THOUSANDS PROPERTY 5 DAMAGE BI ❑D COMBINED 0 50 PERSONAL INJURY PROPERT" DAMAGE BI PD COMBINED BI PD COMBINED STATUTORY 1$ Al THORIZED REPRESENTATIVE DATE (MM /DD/YY) 2/28/86 EACH AGGREGATE OCCURRENCE (EACH ACCIDENT) (DISEASE- POLICY LIMIT) (DISEASE -EACH EMPLOYEE) 500 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1 HE EX- PIRATI(}N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 10 MAIL 1 U DAYS WRITTEN NOTICE TO 1 HE CERTIFICA1 E HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBL GA1 ION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES I lr 1 140 WEST FRONT ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 Sr RArivE 4 George Buck c/o K 0 N P Radio 313 West First Street Port Angeles, WA- -98362 CITY OF PORT ANGELES February 4, 1986 Dear George: Elaine of your office called me recently to ask about procedure for future transfers of funds from the Off Street /PBIA funds which the City administers. Section III A, General Terms and Conditions, of the agreement which we just consummated, specifies that the Port Angeles Downtown Association has to designate by resolution the officials designated to sign for and receive funds transferred to its custody by the City. The City needs a certified copy of the resolution, plus the Board minutes describing the action taken on the resolution. Also indicated in the section is the requirement that the Association have an annual budget for the expenditure of these funds. I am aware that you have completed a copy of the 1986 budget but I do not have a copy of it in my possession. Once the above activities are accomplished, a simple letter to the City Manager requesting a transfer of funds and designating the purpose is all that would be required. For extra audit protection, I'll probably ask that you provide a couple of facsimile signatures of those people who will be receiving City funds. Incidentally, while going through my files, I could not locate evidence of insurance which the Association is also required to provide the City under terms of our Agreement. The coverage is pretty much self explanatory, except that the City must be named as an additional insured on the Association's policy. Perhaps you would care to check this out for me and let me know the status. Technically, the insurance is supposed to be in place on an annual basis. I have enclosed a copy of the Agreement for your review, albeit, it is unsigned. Apparently, Jean has yet to sign the original document, but I understand that the Association agreed to accept it in the form which is attached. Please give me a call if I can assist further. Thank you. Very truly yours, Robe E. Orton, Director Finance Admin. Services REO:LF Enclosure cc: Sherri Anderson Duane Wolfe Bud Rudolph PADA BUDGET 1989 -90 (To Aug. 15, 1989) BUDGET ACTUAL ITEM FOR TO 1898 -90 DATE Beginning Cash 4,500 6,374 1 Membership Fees 14,370 10,855 2 Decal Sales 9,300 1,896 3 Space Rental 9,800 1,500 4aInt. Earned General 1,800 210 4bInt. Earned Parking 3,900 5 PBIA Income 900 6 Annual Dinner 0 0 7 Misc. 0 220 8 Murals 0 150 9 Sale of Surveys 0 0 TOTAL INCOME 44,570 21,205 10 Stationary /Postage 250 11 Scholarship 500 12 Taxes and Fees 5 13 Post Office Box 28 14 Misc. Dues, Subscript. 150 150 15 Misc. 100 200 16 Co- ordinator 8,000 784 19 TOTAL ADMIN. EXPENSE 9,033 1,134 20 Subscript. /Periodicals 21 Seminars /Meetings 22 Coordinator 29 TOTAL DEVELOPMENT EXP. 0 0 30 Advertising /Ongoing 3,154 345 31 Bus -Board 800 250 32 Seasonal Promos 2,375 35 Christmas 4,020 36 Sidewalk /Spl. Events 1,651 855 38 Murals 486 39 TOTAL PROMO. EXP. 12,000 1,936 40 Newsletter 100 41 Banquet 450 525 42 Postage 375 165 43 49 TOTAL MEMBERSHIP EXP. 925 690 60 Insurance 1,050 61 Parking Enforcement 6,050 1,100 62 Lot Leases 520 63 Utilities 3,000 654 65 Taxes /Assessments 1,160 201 66 Billboard 2,600 69 TOTAL PARKING EXPENSE 14,380 1,955 70 Beautification 71 Litter Control 1,500 233 79 TOTAL BEAUTIF. EXPENSE 1,500 233 80 Total Income (line 9) 44,570 21,205 81 Total Expense 37,838 5,948 82 ENDING CASH 6,732 15,257 In reserve Accounts: Parking 54,188 54,188 Interest 0 0 Babe's propert 6,450 Total Parking 60,638 54,188 DDAT Team 1,000 1,000 Planter Replaceme 5,000 5,000 Operating Reserve 11,500 11,500 TOTAL CASH ASSETS 84,870 86,945 September 7, 1989 City of Port Angeles 140 W. Front Street Port Angeles, WA RE: Named Insured: Port Angeles Downtown Association Policy Number: QB 1853046 We are hereby notifying you that this policy has been terminated on 08/02/89. RELIANCE /UNITED PACIFIC INSURANCE COMPANY P. Corbin Underwriting Manager PC/jt cc: 58 -8458 Wenner Davis Associates Reliance RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY Washington Service Center: 33405 8th Avenue South, C -3000, Federal Way, WA 98003 Telephone: (206)952 -5000 September 7, 1989 City of Port Angeles 321 E. 5th St. Port Angeles, WA 98362 RE: Named Insured: Port Angeles Downtown Association Policy Number: QB 1853046 We are hereby notifying you that this policy has been terminated on 08/02/89. RELIANCE /UNITED PACIFIC INSURANCE COMPANY a,-/- P. C in Underwriting Manager PC/ j t cc: 58 -8458 Wenner Davis Associates Reliance 400 un RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY Washington Service Center: 33405 8th Avenue South, C -3000, Federal Way, WA 98003 Telephone: (206)952 -5000 s r gSs 14 ,L11; Laurel dd „dd at ^,11" 4.` "7 "S", 44si:ssa 04;"-y47 .71 ,s.;'1 Ws 0 L dle" d' id 'Of 1" 74 Z "4, 7 4 4 f* A" s 17' "7,... 1 alar,, ag "a" a 4 c° 71 '71 ":s 47',.: 'i;s,k? 4 TO: FROM: Dave, DOWNTOWN `poet di CoVreatte• ii P.O. BOX 582 PORT ANGELES. WA 98362 OCTOBER 6, 1989 Dave Flodstrom, City Manager Jim Haguewood, President Port Angeles Downtown Association The Port Angeles Downtown Association would appreciate the Council's consideration of funding a reprint of the historical walking tour brochure. It has proven most popular, with the Chamber of Commerce distributing the majority of the brochures. We are questing Hotel /Motel Tax funds in the amount of $2,950 for 40,000 brochures. These should last one year with enough to carry over into the next season. There are several other projects we would like to see accom- plished in 1990. We have no specific figures attached to them at this time, but we would like to see them included in the budget. These projects are: 1. Continued full support of the hanging flower baskets and planters downtown; 2. Improved street furniture, based on the prototype budgeted for in 1989, but not yet installed; 3. New street banners on the street light poles; and 4. Clean -up /refurbish the informational kiosks at the Laurel Street fountain, across from the Coho and on the old City Hall building. Total costs would be approximately $100 -500 each. 5. Refurbish the pylons at marine Drive and Front Street (Haynes Park) entrances to downtown. The vertical sign reading "Downtown Port Angeles" should be replaced with a more attractive sign or perhaps hanging baskets or ivy. They would cost around $200 each. Page two Dave Flodstrom October 6, 1989 Funding Request 6. Add a large deck on both sides of the landing on the Laurel Street stairs and put street furniture and plants there so people can lunch, relax and enjoy the view. This was suggested in one of the City's studies of the Central Business District. Better lighting should also be installed. We would also like to see the hillside planted with ivy or flowers or some sort of attractive ground cover. This bluff is one of the first things Coho visitors see. 7. Improve the zig -zag ramp on Oak Street. 8. Benches and lighting for the Waterfront Trail, plus its completion all the way to Ediz Hook Park. In addition to the above, the Downtown Association will be pursuing a Local Development Matching Grant from the State Department of Community Development. The Board is still in the process of setting priorities on what kind of studies of the Central Business District are required; however we know we will be needing to raise funds to match the state grant, regardless of the topic chosen. This could involve requesting City funding to augment our own and /or in -kind services. At this time, our closest guess would be in the neighborhood of $2,000 of City funds. We are not ready to act on this now but want you to be aware of our intent for later on in 1990. Thank you for the opportunity to submit these requuests. y CITY OF PORT ANGELES �j 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 ti/ Q PHONE (206) 457 -0411 Sr RATIVE 9 January 5, 1990 Jim Haguewod, President Port Angeles Downtown Assn. P.O. Box 582 Port Angeles, WA 98362 RE: 1990 Budget Allocation Dear Jim: As you know, the City Council, at their regular meeting of December 19, 1989, adopted the revised 1990 budget. Your organization had requested funding in the amount of $2,950. The final budget, as adopted, includes $2,950, which was appropriated to the Chamber of Commerce advertising budget, to be allocated for the walking brochure. We would direct you to contact the Chamber of Commerce for further information. If you have any questions, I can be reached at 457 -0411, ext. 118. Sincerely, Michelle M. Maike City Clerk MMM:CH cc: City Manager City Attorney 1. Parties. between This Lease, dated, for reference purposes only, S� 19 A d H ra/ /4 ES 71.7 ,c'i Z )..4i7 e i (herein called "Lessor a nd _!r__..___ s/ (heroin called "Lessee 2. premises. Lessor hereby looses to Lessee and Lessee leases from Lessor for the term, at the rental, and upon, all of the conditions set forth herein, that certain real properly situated in the CouuVy of __�l= State of i l��[?/�?�gTU ,nmmnnly known as ti A__._,C_.J' ,if_ The Northerly 120 feet of Lot 6 and the Northerly 120 feet of the Easterly one -half of Lot 7, all in Block 1, Tidelands West of Laurel Street, as shown on the supplemental map of Port Angeles Tide Lands filed in the office of the Board of State Land Commissioners on the 9th day of March, 1894. 3. Term. 3 1 Term. The term of this Lease shall be for /4,64 commencing on A/1{ ,/-7 ye and ending cm ,c fi- unless sooner terminated Rtjrsuant to any provision hereof 3 2 Delay in Possession. Notwithstanding said commencement date, if for any reason Lessor cannot deliver possession of I ('remises to Lessee on said date, Lessor shall not be euhiect to any liability therefor, nor shall such failure affect the vaiidity of this Lease or the obligations of Lessee hereunder or extend the term hereof, but in such case, 1 essee shall not be obligated to pay rent until possession 01 the P0e1 1 :.05 is fen Jered 10 Lessee, provided, however, that it Lessor shall not have delivered pet.session of the Pi onuses within sixty (60) day', from cad commencement date, Lessen may, at Lessee's option, by notice in wilting to Lessor we hie ten (10) days tier uahi'i, cancel the, t easo, in which i'vi nt the pa,1i' i °nail be discharged from all obligations hereunder, provided fur Cher, however, Ihat if such WI ittnri notice or I_u' is not received y I re,sur dll .i sued ton (10) day period, Lessee's right to cancel this Lease hereunder steel terminate and be 01 no further lurcc or effect 3 3 Early Possesslon. If Lessee occupies the Promises prior to said cerement merit date, such occupancy shall be .eihlr:cl to ell piovi' hereof, such occupancy shall not advance the termination date, and Lessee shall pay runt for such period at the initial monthly 1,1 Set forth below 4. Rent, Lessee shall pa to l_ ssys4or as rent for th Premises, rnont l J y paymo _d. P_.4 in advance on the day of each month of fhb^ h'e "rt Los u�111 �pa�)"} uii th v u(`i)tic9niYtcrY eo l as real for 4u t�:. d Co' w 9 1 n�' �rid� t?j -ra. nth_ e..cul,__= .a vQ -.U� gQ„g_rtT� _tart j Rent for any period during the orm hereof which is for foss than ono month shall he a pro rata portion of the monthly instellnir 01 R.'nt shall be payable In lawful money 01 the United States to Lessor at the address stated herein or to such other persons or al such other pier es es t. essor may designate in writing 5. Security Deposit Lesson shall deposit with Lessor upon execution hereof security tor Lessee's faithful performance of Lessee's obligations hereunder If Lessee tails to pay rent or other char ges due hereunder, or otherwise defaults with respect to any provision of this Lease, Lessor may use, apply or retain all or any portion o1 said deposit for Ine payment of any rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to compensate Lessor for any loss or damage which Lessor 'nay suffer thereby If Lessor su uses or applies all or any portion of said deposit, Les.;ee shall within ten (10) days after written demand therefor deposit Cash with Lessor in J0 amount sufficient 10 restore said deposit to the hill r'i rOrin1 Ilnr einabovu Staled and Les'see's railtero to do so shall bu a material breach of this Lease If the monthly rent shall, 1oni hate to time, increase during the term of This Lease, Les'.ee shall thereupon deposit with Lessor additional security deposit so that the, amount of security deposit held by Lessor shall at all nni05 tear lhr: carne proportion to current runt as the original security deposit hears to the original monthly rent set forth iii p.ragraph 4 hereof Lessor shall not be required to keep said deposit separate from its general ,accounts It Lessee/performs all of Lessee's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by Lessor, shall he returnr;cj, without payment of interest or other increment tor its use, to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest hereunder) at the expiration of the term hereof, and after Lessee has vacatgd t''e P i es No trust re atfonship is created hejein betwoor Lessor and Lessee with respect to said Security Deposit ry s1 C P oc %r 4esse C.� i/ J',� e,' vii c� .c.' t1JT10cJ1o4), l�V4�� use: iOdee �f /.ice /t/c'( J'ae &R.A) 7s 4 v c �1. 6 1 Use he Promos shall be us. i and occupied only tor 0 American Industrial Real Estate Association 19.10 GleOSS is made by and Initiate' or any otner use which is reasonably comparable and for no other purpose 6 2 Compliance with Law. (a) Lessor warrants to Lessee that the Premises, in its state existing on the date that the Lease term commences, but without regard to the use for which Lessee will use the Premises, does not violate any covenants or restrictions of record, or any applicable building code r egulataon or ordinance in effect on such Lease terns commencement date In the event it is determined that this warranty has been violated, Then it shall be the obligation of the Lessor, after written notice horn Lessee, to promptly, at Lessor's sole cost and expense, rectify any such violation In the event Lessee does not give to Lessor written notice of the violation of this warranty within six months from the date that the Lease term commences, the correction of same shall be the obligation of the Lessee at Lessee's sole cost 1 he warranty contained in this paragraph 6 2 (a) shall be of no force or effect it, prior to the date of this Lease, Lessee was the owner or occupant of the Premises, and, in such event, Lessee shall correct any such violation at Lessee's sole cost (b) Except as provided in paragraph 6 2(a), Lessee shall, at Lessee's expense, cornply promptly wen all applica:rle statutes, oroinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the terns or any part of the tern hereof, regulating the use by Lessee of the Promises Lessee shall not use nor permit the use of the Pa emisos in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant in the building containing the Premises, shall tend to disturb such other tenants 6 3 Condition of Premises. (a) Lessor shall deliver the Premises to Lessee clean and free of debris on Lease commencement date (unless Lessee is already in possession) and Lessor further warrants to Lessee that the plumbing, lighting, air conditioning, heating, and loading 000rs in the Premises shall be in good operating condition on the Lease commencement date In the event that it is determined that this warranty has been violated, then it shall bo the obligation of Lessor, after receipt of written notice from Lessee setting forth with specificity the nature 01 the violation, to promptly, at Lessor's sole cost, rectify such violation Lessee's failure to give such written notice to Lessor within thirty (30) days after the Lease commencement date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder 1 he warranty ccetained in this paragraph 6 3(a) shall be of no force or effect 11 prior to the date of this tease, Lessee was the owner or occupant of the Premise:; (b) Except as otherwise provided in this Lease, Lessee hereby accepts the Promises in their condition existing as of the Lease commencement date or the date that Lessee takes possession of the Premises, whichever is earlier, subluct to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto Lessee acknowledges that neither Lessor nor Lessor's agent has made any representation or warranty as to the pr esent or future suitability of the Premises for the conduct 011.05'500'S business, 7. Maintenance, Repairs and Alterations. 7,1 Lessor's Obligations Subject to Ihu provisions of Paragraphs 6, y 2, and 9 and except for damage caused by any negligent or intentional act or omission of Lessee, Lessee's agents, employees, or invitees an which event Lessee shall repair the damage, Lessor, at t. essor's expense shall keep in good order, condition and repair the foundations, exterior walls and the exterior root of the Premises Lessor shall not, however, be obligated to paint such exterior, nor shall Lessor be required to maintain the interior surface of exterior walls, window'',. doors or plate glass Lessor shall have no obligation to make repairs under thls Paragraph 7 1 until a reasonable time attar receipt of written notice of the need fur such repairs Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise af tot d Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessors failure to keep the Promises in good order, condition and repair 7 2 Lessee's Obligations. (a) Subject to the provisions of Paragraphs 6, 7 1 and 9, Lessee, at Lessee's expense, shall keep in good order, condition and repair the Premises and every part thereof (whether or hot the damaged poi lion of the Premises or the means of repairing the same are reasonably or readily access able to Lessee) including, without limiting the gc nr:r 3hhy of the loregoing, all pliirnhind, heating, air conditioning, (Lessee shrift procu(e and maintain, at Lessee's expense, an au conditioning system maintenance contract) ventas: ono, elect; real tied fnrjhting Iacrlilioa and equipment within the Premises, fixtures, interior walls and interior surface of exterior walls, e eiling s, windows, doors, plate ijiass, and skylights, located within the Proonisos, and ail landscaping, driveways, Barking Ints, fences and signs located in thr Promisee and all sidewalks ono parkways adjacent to the Prorntees (b) If Lessoe fails to perform Lessee's obliriation, under this Paragraph r 'r ui order nny other fr,irrioraph el this I ease l ossor may at Lessor's option enter upon the Promises alter 10 days' prior written notice to L rtsse,r (except in the Cese of emergency, in which case no notice shall be required), perform such obligations on Lossce's behalf and put the Premises 1n good order, condition and repair, and the. cost thereof together with interest thereon at the maximum rate then allowable by law shall be duo and payable as additional rent tot ossor together with Lessee's next rental instalirnont (c) On the last day of the term hereof, or on any sooner termination, Lessee shall surrender the Premises to Lessor in the same condition as received, ordinary wear and teal excepted, clean and free of debris Lessee shall repair any damage to the Premises occasioned by the installation or removal of its trade fixtures, furnishings and equipment Notwrthstnndinci anything to the corm ary niherwisu stated in this Lease, Lessee shall leave the au linos, power panels, electrical distribution ;y:,terns, hgt Bite fix lures, space healers, air conditioning, plumbing and fencing on the promises in good operating condition, 7 3 Alterations and Additions. (a) Lessoe shall not, without Lessor's prior written consent make any alterations, Improvornents additions, or Utility Installations in, on or about the Promises, except for nonstructural alterations Stu( exceeding $2,000 in cumulative costs during the terra of this Lease In any event, whether or not in excess of $2, 500 in cumulative cost, Lessee shall rnake no change or alteration to the exterior of the Premises nor the exterior of the building(s) on the Premises without Lessor's prior written consent, As used in this Paragraph 7 3 the term "Utility Installation" shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and ter:cir,g Lessor may requfrethat Lessee remove any or all of said alterations, improvements, additions or Utility Installations at the expiration of the terra, and restore tho Premises to their prior condition Lessor may require Lessoe to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to nee and ono -half times the estimated cost of such improvements, to mew e Lessor against any liability for inechanic's and materialmon's liens and to insure completion of the work Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, Li sor may require that Lessee remove any or all 01 100 same (b) Any alter aliens, improvements, additions or Utility Installalions in or about the Prernrses than I essee •,WWII desire 10 make arid which requires the consent Of the Lessor shall be prosente,a to Lessur in written form, with proposed detailed plans 11 1_essur shall give its consent, the corrsont shall be deemed conditioned upon Lessee acquiring 0 permit to do so from appropriate governmental agencies, the furnishing of e copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said perrnit in a prompt and expeditious manner, (c) Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for l essee at or for use In the Premises, which claims are or may be secured by any mechanics' or matunrilnien's Iron against the Premises or any interest therein Lessee shall give Lessor not less than ten (10) days' notice prior to ilia commencement of any work in the Premises, and Lessor shall have the right to post notices of non responsibility in or on the Premises as provided by law If Lessee Shall, in good faith, contest the validity of any such hen, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any /tech adverse judgment teat may be rendered thereon before the entrecement Ihcreef against the Lessor ur the Pr (mesas upon rho cure: lion that ri 1 r•s••ur shall rr c,u;ro L, 3 ,e;e shall furnish to Lessora Surety bond sat .lackey lo Lessor m an amount equal te 'quell/ in tu,teit Iron claim or du.nand .ndrn,r„I r trig I essni agates! liability for tin satire and holding the Premises free from the effect of such hen in clans In resifition, Lesser m.ty rc(ti: ie l r ,see t() pay Lessor s attorneys fees and costs in participating in such action if Lessor shall deride it I, 10 its bus? 0 to 00 se (d) Unless Lessor requires their rcinoval, as set forth nr Paragraph 7 3(a), aft eller,rhOn'i, improvements, additions and Utility Instillations (whether or not such Utility Installations constitute trade fixtures of Lessee), which may be made on the Premises, shah become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of tine ter in Notwithstanding the provisions of this Paragraph 7 3(0). Lessee's machinery and equipment, other than that which is affixed 10 the Premises so that of cannot he removed without material damage to the Presnr ses, shall remain the property of Lessee and may be rerneed by Lessee subject to Ihrs provisions of Paragraph 7 2(0) 0. Insurance: Indemnity 8 1 Liability Insurance Lessee. Lessee shalt, at Lessee's expense, obtain and ki:op it force (limn(' the term of this I ease a policy of f) Cornbine0 Single Limit Bodily Injury and Property Damage Insurance insuring Lessee and Lessor against any Irabrliry arising out of the use, occupancy or rnanitenanee of the Promises and all other areas appurtenant thereto Sur 1: insurance shall ue In an amount not Tess than $fskI Ifl8 r 0,7c per occurrence The policy shall insure perforrnance by Lessee of the indemnify provisions of this Paragraph 8 The limits of said Insurance shall not, however, limit the liability of Lessee hereunder, c eee 4 +i' o.cis 8 2 Liability Insurance Lessor. Lessor shall obtain and keep in force during the terra of this Lenses policy of Combined Single Limit Bodily Injury and Property Damage insurance, inuring Lessor, but not Lessee, agatnet any liability as srng out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto in an amount not less thjin $444/443g per nc� �ui 8 3 Property Insurance. Lessor shall obtain and keep i n force during the term of t h i s (i3,i >a e(poFcy o�j011cis, of insunaricn covering loss or damage to the Premises, out not Lessee's fixtures, equipment or tenant improvements n; an amount not to exceed the full replacement value thereof, as the same may exist from time to time providing protection against all perils included within the claLvhcrrtton of fire, extended coverage, vandalism, malicious mischief flood (iii ttrc' oven) same is required by a lender haviiy n limn on the Prrnir,es) ',per cal u per Its all 'isk' as 1.(10) term Is used in the Insurance industry) but nut plate glass insurance In addition, the L essor shill obtain nriO keep in force der rag the term 01 this L ease, as policy of rental value insurance covorrng a period of one year, with loss payable to t.OS,Or, ,vhich ineurerese shill also cover all real estate taxes and Insurance costs for said period 8 4 Plyment of Premium increase (a) Lessee shall pay to Lessor, um mg the term hereof, in addition to the rent, the amount of any increase in premiums for the insurance required under Paragraphs 8 2 and 8 3 over and above such premiums paid during the Base Period, as hereinafter defined, whether such premium increase shall be the result of the nature of Lessee's occupancy, any act or omission of l essee, requirements of the holder of a mortgage or deed of trust covering the Premises, increased valuation of the Premises, or general rate increases In the event !hill the Prc•rnrsc's have been occupied previogsly, the words "Base Period stint? mean the last twelve months of the prior ore upancy In the eviml tie t tine Premises have never been previously occupied, the premmums during the "Base Pei rod" shall be deemed to be 1he lowest premiums reaso,iably nhlairienle fur owl insurance as,urtung the most nominal use Of the Promises Provided, however, in lieu of Ole 13ase Period, the par ties n,ov Inset t a delis, ,unutn'ir ,i1 the end of this sentence which figure shall he considered as the insurance premium for tiro Rose Period 1n no c: ant, however, slain Lessee be responsible for any portion of the premium cost attributable to liability rnsurancecoverego in excess of 51,000 500 procured under para,raph 8 2 (0) Lessee shall pay any such premnurn increases to Lessor within 30 days after receipt by Los.eee of a copy of the premium statement or other satisfactory evidence of the amount due If the insurance policies maintained hereunder cover other improvements in addition to the Premises, Lessor shall also deliver to Lessoe a staterent of the amount of such Increase attributable to the Premises and showing in reasonable detail, the mariner in which such amount was computed If the term of this Lease shall not expire concurrently with the expiration of the period covered by such insurance, Lessee's liability for premium increases shall be prorated on an annual basis (c) II the Premises are part of a larger building, then Lessee shall not be responsible for prying any increase in the property insurance premium caused by the acts or omissions of any other tenant of the building of which the Premises aro ,i part 8 5 Insurance Policies. Insurance required hereunder shall he in companies holding a "General Policyholder, Ratirtn of alienist Fs plus, or such other rating as may be required by a lender having a Vert on the Premises, as sc.i forth in the most current issue ul 'Best':: Insurance Guide" Lessee shall deliver to Lessor copies of policies of liability Insurance required under Paragraph 13 1 or certificates evidencing the existence and amounts of such insurance No such policy shall be cancellable or subject to reduction of coverage or other modification except after thirty (30) days' prior written notice to Lessor Lessee shall, at least thirty (30) days prior 10 the expiration of such policies, fur r ei Lessor with renewals or "binders" thereof, or Lessor may order such Insurance and charge the cost thereof to Lessee, which amount shall he payable by Lessee upon demand Lessee shall not do or permit to be done anything which shall invalidate the Insurance policies rr )erred to in Paragraph 8 3 8 8 Waiver of Subrogation. Lessee and Lessor each hereby release and relieve the other, and waive their entire right of recovery against the Other for loss or damage arising out of or incident to the perils insured against under paragraph 8 3, which peals occur inn, on or abort the Premises, whether due to the negligence of Lessor or Lessee or their agents, employees, c,onirnctors and /or in Mee Li ^.c r and Le',-:or .hail, upon ubtanimg the policies of insurance required hereunder, give notice to the Insurance carrier or owners that the forectoinri mutual waiver at subrogation is contained In this Lease 8 7 Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all c)aens rinsing from Lessee s use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, perrnitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the per formance of any obligation on Lessee's part to be performed under the terms of ells Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from end against all costs, attorney's tees. expenses and liabilities Incurred in the defense of any such claim or any action or proceeding bi ought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory tot. essor Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor 8 8 Exemption of Lessor from Liability. Lessee hereby agrees that Lessor shall not he Ilable for injury 10 Lessee's business or arty loss of income therefrom or for damage to the goods, wares, merchandise or other property of Lessee. Lessee's employees, Invitees, customers, or any other person in or about the Premises, nor shall Lessor be liable for Injury to the person of Lessee, Lessee's employees, agents or contractors, whether such damage or injury is caused try or results from fire, steam, electricity, gas, water or rain, or horn the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or leshlrng fixtures, or from any other cause, whether the said damage or injury results from conditions aI using upon the Premises or upon other portions of the building of which the Premises area part, or from other sources or places and regaratess of whether the cause of such damage or injury or the means of repairing the same is rnaccnssibto to Lessoe Lessor shall not be liable for any damages ;rising from any act or neglect of any other tenant, if any, of the budding in which the Premises are located GROSS 2._ initials 91 Definitions. (a) "Premises Partial Damage" shall herein mean damage or cJestr uction to the Premises to the extent that the cost of repair is less than 50% of Abe fair market value of the Premises immediately prior to such damage of destruction "Premises Luildmg Partial Darnage" shall herein `i f damage or destruction to the building of which the Premises are a part to the extent Brat the cost of repair, is less than 50°x'0 of the fair market value of such building as a whole immediately prior to such damage or desti action (b) "Premises Total Destruction shall herein mean damage or desti uction to the Premises to the extent that the cost of repair is 50% or more of the fair market value of the Promises immediately prior to such damage of destruction "Premises Building Total Destruction" shall herein mean damage or destruction to the building of which the Premises are a part to the extent that the cost of repair is 50% or more of the fair market value of such building as a whole immediately prior to such damage or desti uction (c) "Insured Loss" shall herein mean damago or destruction which was caused by an event required to be covered by the insurance described In paragraph 8 9.2 Partial Damage Insured Loss. Subject to the provisions of paragraphs 9 4, 9 5 and 9 6, if at any time during the term of this Lease there Is damage which is an Insured Loss and which falls into the classification of Premises Partial Damage or Premises Building Partial Damage, then Lessor shall, at Lessor's sole cost, repair such damage, but not Lessee's fixtures, equipment or tenant Improvements, as soon as reasonably possible and this Lease shall continue in full force and effect 9 3 Partial Damage Uninsured Loss. Subject to the provisions of Paragraphs t) 4, 9 5 and 9 6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Pattiz!' Damage or PI ornisos Building Partial Damage, unless caused by a negligent or willful act of Lessee (In which event Lessee shall make the repairs at Lessee's expense), Lessor may at Lessor's option either (I) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (n) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible If Lessee does not give such notice within such 10-day penod this Lease shall be cancelled and terminated as of the date of the occurrence of such damage 9 4 Total Destruction. If at any time during the term of this Lease there is damage, whether or not an Insured Loss, (including destruction required by any authonzed public authority), which fails into the classification of Premises Total Destruction or Premises Building Total Destruction, this Lease shall automatically terminate as of the date of such total destruction 9 5 Damage Near End of Term. (a) If at any time during the last six months of the term of this Lease there is damage, whether or not an Insured Loss, which falls within the classification of Premises Partial Damage, Lessor may at Lessor's opfon cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within 30 days after the dale of occurrence of such damage (b) Notwithstanding paragraph 9 5(a), In the event that Lessee has an option to extend or renew this Lease, and the time within which said option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than 20 days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last six months of the term of this Lease If Lessen duly exercises such option during said 20 day period, Lessor shall, at Lessor's expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect If Lessee fails to exercise such option during said 20 day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said 20 day period by giving written notice to Lessee of Lessor's election to do so within 10 days after the expiration of said 20 day period, notwithstanding any term or provision in the grant of option to the contrary 9 6 Aoatement of Rent; Lessee's Remedies. (a) In the event of damage described in paragraphs 9 2 or 9 3, and Lessor or Lessee repairs or restores the Premises pursuant to the provisions of this Paragraph 9, the rent payable hereunder for the penod during which such damage, repair or restoration continues shall be abated In proportion to the degree to which Lessee's use of the Premises is impaired Except for abaternent of rent, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration (b) If t ssor shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence such repair or restoration within 90 days after such obligations shall accrue, Lessee may at Lessee's option cancel and terminate this Lease by giving Lessor written notice of L essee's election to do so at any time prior to the commencement of such repair or 'restoration In such event this Lease shall terminate as of the date of such notice 9 7 Termination Advance Payments Upon termination of this Lease pursuant to this Paragraph 9 an equitable ad ;ustment shall be made concerning advance rent and any advance payments made by Lessee to Lessor Lessor shall, in addition, return to Lessee so much of Lessee's security deposit as has not theretofore been applied by L nssor, 9 8 Waiver. Lessor and Lessee waive the provisions of any statutes which relate to termination of leases when leased property is destroyed and agree that such event shall be governed by the terms of this Lease 10. Real Property Taxes. 10 1 Payment of Tax Increase. Lessor shall pay the real property tax, as defined in paragraph 10 3, applicable to the Premises, provided, however, that Lessee shall pay, in addition to lent, the amount, if any, by which real property taxes applicable to the Premises increase over the fiscal real estate tax year 19 19 Such payment shall be mane by Lessee within thirty (30) days after ieceipi of Lessor written statement setting forth the amount of such increase and the computation thereof II the term of this, c ease snail not exert concurrently with the expiration of the tax fiscal year, Lessee's liability for increased taxes foi the last partial lease year shall be prorated un ,in anti irit brsi, 10 2 Additional Improvements. Notwithstanding paragraph 10 1 hereof, Lessee shall pay to Lessor upon demand t,iu:efor the ntuety of any increase in real property tax if assessed solely by reason of additional improvements placed upon the Promises by Lessee or at Lessee's request 10 3 Definition of "Real Property Tax As used herein, the term "real property tax" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bored or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by any authority !laving the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Lessor in the Premises or rn the real property of which the Preinises are a part, its against L essor's right to rent or other income therefrom, and as against Lessor's business of leasing the Premises The term "real property tax" shall also include any tax, fee, levy, assessment or charge (i) in substitution of, partially or totally, any tax, fee, levy, ,ssessment or charge hereinabove included within the definition of "real property tax," or (n) the nature of which was herninbefore included within the definition of "real property tax," or (iii) which is imposed for a service or right not charged prior to June 1, 1978, or, if previously charged, has been increased since June 1, 1978, or (iv) which is imposed as a result of n transfer, either partial or total, 01 Lessor's interest in the Premises or which is added to a tax or charge hereinbefoie included within the definition of real property tax by reason of such Transfer, or (v) which is imposed by reason of this ti ansaction, any mrdifications or changes hereto, or any transfers hereof 10 4 Joint Assessment. If the Premises are not separately assessed, Lessee's liability shall he an equitable proportion of the real property taxes for all of the and and improvements included within the tax parcel assessed, sucn proportion to be deter mined by Lessor from the respective valuations assigned in the assessor's work sheets or such other information as may be reasonably available Lessor's reasonable determination thereof, in good faith, shall be conclusive 10 5 Personal Property Taxes. (a) Lessee shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal proper ty of Lessee contained in the Premises or elsewhere When possible, Lessen shall cause said trade textures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Lessor (b) If arty of Lessee's said personal property shall be assessed with Lessor's real property, Lessee shall pay Lessor the taxes attributable to Lessee within 10 days after receipt of a written statement setting forth the taxes applicable to Lessee's property 11. Utilities. Lessee shall pay for all water, gas, heat, light, power, telephone and other utilities and services supplied to the Premises, together with any taxes thereon If any such services are not separately metered to Lessee, Lessee shall pay a reasonable proportion to he determined by Lessor cf all charges Jointly metered with other premises 12. Assignment and Subletting. 12 1 Lessor's Consent Required. Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, or otherwise transferor encumber all or any part of Lessee's interest in this Lease or in the Premises, without Lessor's prior written consent, which Lessor shall not unreasonably withhold Lessor shall respond to Lessee's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance or subletting without such consent shall be void, and shall constitute a breach of this Lease, 12 2 Lessee Affiliate. Notwithstanding the provisions of paragraph 12 1 hereof, Lessee may assign or sublet the Premises, or any portion thereof, without Lessor's consent, to any corporation which controls, is controlled by or is under common control with Lessee, or to any corporation resulting from the merger or consolidation with Lessee, or to any person or entity which acquires all the assets of Lessee as a going concern of the business that is being conducted on the Premises, provided that said assignee assumes, in full, the obligations of Lessee under this Lease Any such assignment shall not, in any way, affect or limit the liability of Lessee under the terrns of this Lease even if after such assignment or subletting the terms of this Lease are materially changed or altered without the consent of Lessee, the consent of whom shall not be necessary 12 3 No Release of Lessee. Regardless of Lessor's consent, no subletting or assignment shall release Lessee of Lessee's obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder The acceptance of rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting In the event of default by any assignee of Lessee or any successor of Lessee, in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee Lessor rnay consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of L essee, without notifying Lessee, or any successor of Lessee, and without obtaining its or their consent thereto and such action shall not relieve Lessee of liability under this Lease, 12 4 Attorney's Fees. In the event Lessee shall assign or sublet the Premises or request the consent of Lessor to any assignment or suble))ling or It Lessee shall request the consent of Lessor for any act Lessen proposes to do then Lessee shall pay Lessor's reasonable attorneys fees Inc rred in connection therewith, such attorneys fees not to exceed $350 00 for each such request GROSS 3 Initials• 13. 'Defaults; Remedies. 13 1. Defaults. The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Lessee (a) The vacating or abandonment of the Premises by Lessee (b) The failure by Lessee to make any payment of runt or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of three days after written notice thereof horn t essor to Lessee In the event that Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes such Notice to Pay Rent or Quit shah also constitute tho notice required by this subparagraph (c) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of bus Lease to he observed or performed by Lessee, other than described in paragraph (b) above, where such failure shall continuo for a period of 30 days after written notice thereof from Lessor to Lessee, provided, however, that if the nature of Lessee's default is such that more than 30 days are reasonabty required for its cure, then Lessee shah not be deemed to be in default if Lessee commenced such cure within said 30 -day period and thereafter diligently prosecutes such cure to completion (d) (I) The making by Lessee of any general arrangement or assignment fur the benefit of creditors, (n) Lessee becomes a "debtor" as defined in 11 U S C §101 or any successor statute thereto (unless, in the case of a petition Bled against Lessee, the :arse is c srnrssed within 60 days), (iii) the appointment of a ti ustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days, or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises cr of Lessee's interest in this Lease, where such seizure is not discharged within 30 days Provided, however, in the event that any irovision of this paragraph 13 1(d) is contrary to any applicable law, such provision shall be of no force or effect (e) The discovery by Lessor that any financial statement given to Lessor by Lessee, any assignee or Lessee, any subtenant of Lessee, any successor in interest of Lessee or any guarantor of Lessee's obligation hereunder, and any of them, was materially false 13,2 Remedies In the event of any such material default or breach by Lessee, Lessor may at any tune thereafter, with or without notice or demand and without Iunitng Lessor in the exercise of any right or remedy which Lessor may have by iea of such default or breach (a) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terrn hate and Lessee shall immediately surrender possession of the Premises to Lessor In such event Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including, but not !united to, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid, the worth at the time of award by the court haveig jurisdtctron thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided, that portion of the leasing commission paid by Lessor pursuant to Paragraph 15 applicable to the unexpired term of this Lease, (b) fvtanitain Lessee's right to possession in which case tnis Lease shall continue in effect whether or not Lessee shall have abandoned the Premises In such event Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the r rght to recover the rent as it becomes due hereunder (c) Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the state wherein the Pr emises are located Unpaid installments of rent and other unpaid monetary obligations of Lessee under the terms of this Lease shall bear interest from the date due at the maximum rate then allowable by law 13 3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of Lesser within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation, provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such 30 -day period and thereafter diligently prosecutes the same to completion 13 4 Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any rnortgage or trust deed covering the Premises Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessen, Lessee shall pay to Lessor a late charge equal to 6% of such overdue amount The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lesson's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder In the event that a late charge is payable hereunder, whether or not collected, for throe (3) consecutive installments of runt, then rent shall automatically become duo and payable quarterly In advance, rather than monthly, notwithstanding paragraph 4 or any other provision of this Lease to the contrary 13 5 Impounds. In the event that a late charge is payable hereunder, whether or not collected, for throe (3) installments of rent or any other monetary obligation of Lessee under the terms of this Lease, Lessee shall pay to Lessor, if Lessor shall so request, in addition to any other payments required under this Lease, a monthly advance installment, payable at the same time as the monthly rent, as estimated by Lessor, for real property tax and insurance expenses on the Premises which are payable by Lessee under the terms of this Lease Such fund shall be established to insure payment when due, before delinquency, of any or all such real property taxes and insurance premiums If the amounts paid to Lessor by Lessee under the provisions of this paragraph are insufficient to discharge the obligations of Lessee to pay such real property taxes and insurance premiums as the same become due, Lessee shall pay to Lessor, upon Lessor's demand, such additional sums necessary to pay sec h obligations All moneys paid to Lessor under this paragraph may be intermingled with other money of Lessor and shall not bear interest In the event of e default in the obligations of Lessee to perform under this Lease, then any balance remaining from funds paid to Lessor under the provisions of this paragraph may, at the option of Lessor, be applied to the payment of any monetary default of Lessee in lieu of being applied to the payment of real property tax and insurance premiums 14. Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs If more than 10% of the floor area of the building on the Premises, or more than 25% of the land area of the Premises which is not occupied by any building, is taken by condemnation, Lessee may, at Lessee's option, to he exercised in writing only within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the ate-once of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the proportion that the floor area of the building taken bears to the total floor area of the building situated on the Premises No reduction of rent shall occur if the only area taken is that which does not have a building located thereon Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking cf the fee, or as severance damages, provided, however, that Lessee shall be entitled to any award for loss of or damage to Lessee's trade fixtures and rernovable personal property In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to trio Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority Lessee shall pay any amount in excess of such severance damages required to complete such repair 15. Broker's Fee. (a) Upon execution of this Lease by both parties, Lessor shall pay to Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum of for brokerage services rendered by said broker(s) to Lessor in this transaction (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39 1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an Option granted to Lessee under this Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially sirnilar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expcution of the term of this tease after having farted to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and /or any adfacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15 Said broker shall be a third party beneficiary of the provisions of this Paragraph 15 16. Estoppel Certificate. (a) Lessee shall at any time upon not less than ten (10) days' prior written notice from Lessor execute, acknowledge and deliver to Lessor a statement in writing (r) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (a) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of Lessor hereunder, or specifying such defaults if any are claimed Any such statement may be conclusively retied upon by any prospective purchaser or encumbrancer of the Premises (b) At Lessor's option, Lessee's failure to deliver such statement within such time shall be a material breach of this Lease or shall be conclusive upon Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by Lessor, (u) that there are no uncured defaults in Lessor's performance, and (iii) that not more than one rnonth's rent has been paid in advance or such failure may be considered by Lessor as a default by Lessee under trirs Lease GROSS 4 Initials: (c) If Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee hereby agrees to deliver to any lender or 2urcheser designated by Lessor such financial statements of Lessee as may be reasonably required by such lender or purchaser Such statements shall, include the past three years' financial statements of Lessee All such financial statements shall be received by Lessor and such lender or purchaser in confidence and shall be used only for the purposes herein sot forth 11. Lessor's Liability, The term 'Lessor" as used herein shall mean only the owner or owners at the time in question of the Inc tale or a lessee's interest in a ground lease of the Premises, and except as expressly provided in Pat agraph 15, in the event of any transfer of such title or interest, Lessor herein narned (and in case of any subsequent transfers then the grantor) shall be relieved from and after the date of such transfer of all liability as respects Lessor's obligations thereafter to be performed, provided that any funds in the hands of Lessor or the then grantor at the time of such transfer, in which Lessee has an interest, shall be delivered to the granted The obligations contained in this Lease to be performed by Lessor shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership 18. Severabiilty. The invalidity of any provision of this Lease as determined by a court of competent Jurisdiction, shalt in no way affect the validity of any other provision hereof 19. Interest on Past due Obligations. Except as expressly herein provided, any amount due to Lessor not paid when due shall bear interest at the maximum rate then allowable by law from the date due Payment of such interest shall not excuse or cure any default by Lessee under this Lease, provided, however, that interest shalt not be payable on late charges incurred by Lessee nor on any amounts upon which late charges are paid by Lessee 20 Time of Essence. Time Is of the essence 21. Additional Rent. Any monetary obligations of Lessee to Lessor under the terms of this Lease shall be deerned to be rent 22. Incorporation of Prior Agreements, Amendments. This Lease contains all agreements of the parties with respect to any matter mentioned herein No prior agreement or understanding pertaining to any such matter shall be effective Tres Lease may be modified in writing only, signed by the parties in it terest at the time of the modification Except as otherwise stated in this Lease, Lessee hereby acknowledges that neither the real estate broker hsted in Paragraph 15 hereof nor any cooperating broker on this transaction nor the Lessor or any employees oragontsof any ot said persons has rnade any oral or wt iten warranties or representations to Lessee i elativo to the condition or use by Lessoo ut said Premises and Lessee acknowledges that Lessee assumes all responsibility regarding the Occupational Safety Health Act, the legal use and adaptability of the Promises and the compliance thereof with ail applicable laws and regulations in effect dur ing Inc term 01 this Lease except as otherwise specifically stated in this Lease 23. Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified marl, and if given personally or by mail, shall be deerned sufficiently given if addressed to Lessee or to Lessor at the address noted below the signature of the respective parties, as the case may be Either party may by notice to the other specify a different address for notice purposes except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice purposes A copy of all notices required or permitted to be given to Lessor hereunder shall be concurrently transmitted to such party or parties at such adaresses as Lessor may from time to time hereafter designate by nonce to Lessee 24. Waivers. No waiver by Lessor or any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Lessee of the same or any other provision Lessor's consent to, or approval of any act, shall not be deemed to render unnecessary the obtaining of Lessor's consent to or approval of any subsequent act by Lessee The acceptance of rent hereunder by Lessor shall not he a waiver of any preceding breach by Lessee of any provision hereof, other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent 25. Recording. Either Lessor or Lessee shall, upon request of the other, execute, achnowiedge and deliver to the other a "short form" memorandum of this Lease for recording purposes 26. Holding Over if Lessee, with Lessor's consent, remains in possession of the Premises or any part thereof after the expiration of the term hereof, such occupancy shall be a tenancy from month to month upon all the provrsrons of this Lease pertaining to the obligations of Lessee, but all options and rights of first refusal, If any, granted under the terms of this Lease shall be deemed terminated and be of no further effect during said month to month tenancy. 27. Cumulative Remedies. No remedy or election hereunder shall be deemod exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity 28. Covenants and Conditions. Each provision of this Lease performable by Lessee shall be deemod both a covenant and a condition. 29. Binding Effect; Choice of Law. Subject to any provisions hereof restricting assignment or subletting by Lessee and subject to the provisions of Paragraph 17, this Lease shall bind the partres, their personal representatives, successors and assigns This Lease shall be governed by the laws of the State wherein the Premises are located 30. Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated pror or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney -in -tact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney -in -fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b) 31. Attorney's Fees. If either party or the broker narned herein brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to his reasonable attorney's fees to be paid by the losing party as fixed by the court The provisions of this paragraph shall inure to the benefit of the broker named herein who seeks to enforce a right hereunder 32. Lessor's Access. Lessor and Lessor's agents shall have the right to enter the Premises at reasonable times for the purpose of Inspecting the same, showing the same to prospective purchasers, lenders, or lessees, and making such alterations, repairs, Improvements or additions to the Premises or to the building of which they are a part as Lessor may deem necessary or desirable. Lessor may at any time place on or about the Premises any ordinary "For Sale" signs and Lessor may at any time during the last 120 days of the terns hereof place on or about the Premises any ordinary "For Lease" signs, all without rebate of rent or liability to Lessee 33 Auctions. Lessee shall not conduct, nor permit to be conducted, either voluntarily or involuntarily, any auction upon the Premises without first having obtained Lessor's prior written consent Notwithstanding anything to the contrary in this Lease. Lessor shall not be obligated to exercise any standard of reasonableness in determining whether to grant such consent 34 Signs. Lessee shall not place any sign upon the Premises without Lessor's prior written consent except that Lessee snail have the right, without the prior permission of Lessor to place ordinary and usual for rent or sublet signs thereon 35. Merger. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, or a termination by Lessor, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subtenanctes or may, at the option of Lessor, operate as an assignment to Lessor of any or all of such subtenancres. 36. Consents. Except for paragraph 33 hereof, wherever in this Lease the consent of one party is required to an act of the other party, such consent shall not be unreasonably withheld 37. Guarantor. In the event that there is a guarantor of this Lease, said guarantor shall have the same obligations as Lessee under this Lease 38. Quiet Possession. Upon Lessee paying the rent for the Premises and observing and performing all of the covenants, conditions and provisions on Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof subject to all of the provisions of this Lease The Individuals executing this Lease on behalf of Lessor represent and warrant to Lessee that they are fully authorized and legally capable of executing this Lease on behalf of Lessor and that such execution is binding upon all parties holding an ownership Interest in the Premises. 39. Options. 39 1 Definition. As used in this paragraph the word "Options" has the following meaning (1) the right or option to extend the term of this Lease or to renew this Lease or to extend or renew any lease that Lessee has on other property of Lessor, (2) the option or rght of first refusal to lease the Premises or the right of first offer to lease the Premises or the right of first refusal to lease other property of Lessor or the right of first offer to lease other property of Lessor, (3) the right or option to purchase the Premises, or the right of first refusal to purchase the Premises, or the right of first offer to purchase the Premises or the right or option to purchase other property of Lessor, or the right of first refusal to purchase other property Of Lessor or the right of first offer to purchase other property of Lessor, 39 2 Options Personal. Each Option granted to Lessee in this Lease are personal to Lessee and may not be exercised or bo assi r ued, voluntarily or involuntarily, by or to any person or entity other than Lessee, provided, however, the Option may he exercised by or assigned any Initials GROSS 5 .essee Affiliate as defined in paragraph 12 2 of this Lease The Options herein geenied to Lesser are not assieriable separalr and apart from this Lr'ase. 39 3 Multiple Options, In the event that Lessee has any multiple options to extend or renew the; l ease a liter option cannot be exercised unless the prior option to extend or renew this Lease has been so exercised 39 4 Effect of Default on Options. (a) Lvsseo shall have no right to exercise an Option, notwithstanding any provision in the gran( of Optima to the contrary, (1) during the time commencing from the date Lessor gives to l essee a nolir'a of default purs,ianl to paragraph 13 1( b) or 13 1(c) and continuing until the default alleged In sa,d notice L1 default is cured, or (u) during the period of time con mencany un the day after a monetary 0133ntion to Lessor is due Irom Lessee _0d unpaid (without any necessity tor 001100 thereof 10 l es-ere continuing until the obligation (s paid, or 1,1) ar ;,rig Irmo atter an event of default described In paragraphs 13 1(a), 13 1(d), or 13 1 (e) (without any eel r>0bity of Des ,0r to iii /e ncii,re 1(i s1( 1 1 h: 1 es n e), or (iv) in the event that Lessor has given to Lessee three or more notice, of default under paragraph 13 1(3) where ;1 late charge become payable under paragraph 13 4 for each of such default,, or paragraph 13 1(c), whether or not Ulu default,, are cured, dieing the 1? we ill period prior to the time that Lessee intends 10 exercise the subject Option (b) The period of time within which an Option may be exercised shill not be oAtended or eni,arged by rr aeon of Lessee's inability to exercise an Option because of the provisions 01 paragraph 39 4(a) (0) A ll rignts of Lessee under the provisions of an Option shall terminate and he 0100 further force or 011001, notwithstanding Lessee's due and timely exorcise of the Option, if, otter such exercise and dermg the terra of this L ease, (0 l e seer; foils to pay to Lessor a monetary obligation 01 Lessee for a period of 30 days after such obligation become, due (without any necirseity of Lessor to give notice thereof tot. essee) or (n) Lessee fails to commence to cure a default specified in paragraph 13 1(c) within 30 days after the dnio that Lessor (jives notice to Lussee of such default and /or Lessee f a i l s thereafter t0 diligently prosecute said cure to completion, or n i L eseee 0 0 0 1 1 5 1 default described 111 paragraph 13 1 (a), 13 1(d) or 13 r(t) (without any necessity of Lessor to give notice of such default tot ruses), or (Iv) l c•,•,ur gives tole 3.,rte lieu, or more notices of default under paragraph 13 1 (b), where :r late charge becomes payable under pen-tempt) 13 (1 for each ;,;r 31(101,100, or paragraph 13 1(c), whether or net the defaults are cured 40. Muitiple Tenant Building. In the event that the Premises aro pail of a I<u gci builrl,n3 or group 01 buildings lhun Lessee agrecs that it will abide by keep and observe all reasonable rules and regulations which Lessor may male from time to time for the rnanagr (nenl, safety, care, and cleanliness of Inc; building and grounds, the parkin of vehicles and the preservation 01 (3000 order therein as well as for the convenience of other occupants and tenants of the building The violations of any such rules and regulations shall he deemed a material broach of this Lease by Lessee 41. Security Measures. Lessee hereby acknowledges that the rental payable 10 Lessor hereunder does not include the cost of guard service or other security measures, and that Les; or shall have no obligation whatsoever to provide seine l essee 05.3i: nes all responsibility for the protection of Lcsseu, its agents and invitees irons acts of third est tree 42. Easements. Lessor resurvos to 'Iselin—le right, from lane lo limo, to grant sec h edsenirnl',, 119311r, arid ded cadony, ih,il r'55or tteerns necessary or desirable, and to cause the recordation of Parcel Maps and reetnctioes, so long to, e,uch e:Ise:m rits rights. dedication: Maps and; do n01 unreasonably interfere with the use ,?t the Premises by Lessee Lessee shall gain any of the aforemeni eteed documents upon request Of Lessor and failure to do so shalt t onstitule a material breach of this Lease 43. Performance Under Protest. If di air/ time a dispute shall ai ise as to any amount 01 sure of money to he paid by one party to the other under the provisions hereof, the party against whore the ohiigntion to pay the money ie asserted ,hail have the nghl to make payment "under protest" and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such sum If it shall be adjudged that (here was no !egai obligation on the part of said party to pay 'Arch sum or any part thereof, said party shall be entitled to recover such sum or so much thereof ac it was not legally required to pay under the provisior IL of ties Lc a0e 44. Authority. If Lessee is a corporatrori, PPus!, or general or limited partnership each Individual executing this Lease 0,1 b1 half of such entity represents and warrants that he or she is clery aritherazed to execute and deliver the 1 ease on helot(of sari entity If 1 essee i`, corporation, trust or partnership, Lessee s h a l l within t h i r t y 1 30) days after 0 1 0 0 1 0 0 0 1 1 3 3 1 ease, rl iIivur to 1 t",SOr cvldence 1(i 51(1,11 aulnur,ty ,,,h ,tar Tory to Lessor 45. Conflict. Ani conflict between the printed provisions of des Lease and the typewritten or handwritten provisrr,ris shell be controlled by the typewritten or hatielwritten provisions 46. Addendum Attached hereto is an addendum or addenda containing paragraphs through which constitutes a part of this Lease LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS l EASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND E3Y EXECUTION OF THIS LEASE, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE PERMS OF THIS l EASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREiv1ISES IF THIS LEASE HAS BEEN FILLED IN IT HAS BEEN PREPARED FOR SUBMISSION TO YOUR ATTORNEY FOR HIS APPROVAL NO REPRESENTAT ION OR RECOMMENDATION IS MADE BY THE AME RICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR t3Y THE REAL ESTATE BROKER OR ITS AGENTS OR EMPLOYEES AST 0 THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACT ION RELA THERETO, THE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF THEIR OWN L EGAL COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE The parties hereto have executed this Lease at t1;13 place on the dates specified immediately adjacent to egespective signatures Executed at A A f�1�r2 _.�_9_� 16 7 �sl�` /7'7 Address on Address on p, w peu V— �/u,�� Executed at By By By By et '227 lr(' «l!_c': C ie "LESSOR" (Corporate seal) LLSSEE (Corporate seal) For these forms write or call the American Industrial Real Estate Association, 350 South Figueroa St Suite 275, Los Angeles, CA 90071 (213) 687-8777 Form 105g 780 c 10 c 0 0) 0 0 0 Q 4) 0 T 10 E N 0 a) N 0 0 10 C 0 Z 0 a> z 0) 01 E, N L c c 0 0 0 0 01 t y it r� N 0 c C 10 0 v 0 ai 0 w (11 0 DOWNTOWN Port Angeles May 2, 1990 TO: City of Port Angeles FROM: The Port Angeles Downtown Association Effective May 2, 1990 the President of the Association will be Tim Haley of TRH Network. If you have any questions or concerns about the organization feel free to contact him. From myself I would like to thank the staff for their help and support during the last year and a half. Sincerely, &es Haguewood RECEIVED MAY 3 1990 City of Port Angeles The Port Angeles Downtown Association P 0. Box 582 Port Angeles, WA 98362 POLICY CHANGE EFFECTIVE: 01 28 NAMED PORT ANGELES DOWNTOWN ASSOC. INSURED C/0 JEAN FAIRCHILD MAILING P.O. BOX 582 ADDRESS: PORT ANGELES, WA 98362 POLICY PERIOD: FROM 10 -24 90 TO 10 24 91 AMERICAN STATES INSURANCE COMPANY PAGE 01 INDIANAPOLIS, INDIANA AGT icy' c******** **;c** THE CHANGE IN YOUR POLICY RESULTS IN NO CHANGE IN PREMIUM. v' c:c*:cic4cdc'.'.*** *o:**scic*** *:cic*:c:c:cic:c*:c:c;c* tick; c: c*> c....: c*:' coY: t*$ c**** **s' c***** *icdcoti*;'c*$c:c*:c:Y****** THE FOLLOWING HAS BEEN ADDED OTHER 1 CITY OF PORT ANGELES INTERESTS: CITY HALL PORT ANGELES WA 98362 CERTIFICATE MOLDER ADDITIONAL INSURED PREMISES #001 9— CM(01 -86) SEATTLE POLICY CHANGES AGENT: GELLOR INSURANCE, INC P 0 BOX 2045 214 EAST 1ST PORT ANGELES„ WA 98362 46-29317 (260) (206) 452 2388 (C) INSURED COPY POLICY NUMBER: 01 CC 708646 2 ADDING ADDITIONAL INSURED THE CITY OF PORT ANGELES AS RESPECTS GENERAL LIABILITY COVERAGE. PREPARED 02 -20 C- AG- 20- PRINT015- 0188.0001.E ICO I 1LTR; TYPE OF INSURANCE I I GENERAL LIABILITY t I A 101 -CC- 708646 -3 IIX] COMMERCIAL GENERAL LIABILITY; 1 1 3 CLAIMS MADE [X} OCCUR. I I[ 3 OWNER'S CONTRACTOR'S PROT.! I If 3 I I I AUTOMOBILE LIABILITY 1 I I[ 3 ANY AUTO I[ 3 ALL OWNED AUTOS I !I 3 SCHEDULED AUTOS I If 3 HIRED AUTOS I I[ 3 NON -OWNED AUTOS I If 3 GARAGE LIABILITY I I[ 3 I I I I I EXCESS LIABILITY I If }Umbrella For I }Other Than Umbrella Form PRODUCER GELLOR INSURANCE. INC. 214 EAST FIRST (P.O. BOX 2045) PORT ANGELES. WA 98362 (206) 452 -2388 INSURED Port Angeles Downtown Assoc. C/O Jean Fairchild P. O. Box 582 Port Angeles, WA 98362 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELON HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I5 SUBJECT TO ALL THE TERMS. I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTIFICATE OF INSURANCE WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY I POLICY NUMBER !COMPANY ;LETTER A I liga :LETTER 8 lC 7 TT TW ;LETTER C C1Tr RY ;LETTER D !LETTER E !THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS I INO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,! :EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELON COMPANIES AFFORDING COVERAGE American States Insurance Co. I I I POLICY I POLICY I I (EFFECTIVE !EXPIRATION! LIMITS I DATE DATE GENERAL AGGREGATE I$ 500 1 10/24/91 10/24/92 I"PRDDDDI'S tUTMP7DPS M A1'E 13 7)1) I I I PBSDT AL ADTH"RITS1T T7DRY "13 5D0 I "RACTfDCDIJRRE TIE 11 DDD.t�DIa I I 1 DATIADt one 1"irel 11 5 I TOD I II BaltAI"E P T( Any one personll3 5,D71 COMBINED SINGLE I LIMIT I8 I I BODILY INJURY I I I (Per person) I# I I BODILY INJURY I (Per accident) ;S I I I PROPERTY DAMAGE I 1 Ik I I I 1 I I EACH OCCURENCE 1 T1 I I STATUTORY LIMITS EA�ADCTDR'Nl� I_D1REAR PUL1trtTET I DIRRASE F ifti YEr ISSUE DATE IMM /DD /YYt I !I 1 I I I 09/03/91 11 43 I DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS I As respects operations of the named insured. I City of Port Angeles is named as an additional insured, but only as I their interests may appear. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO I City of Port Angeles I MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE I P. 0. Box 1150 II LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR I Port Angeles. WA 98362 II LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OF REPRESENTATIVES. I I AUTHORIZED REPRESEN,TWII i PRODUCER 214 EAST FIRST (P.O. °.'i l;t ?045) PORT ANGELES i NA 9 _.3¢ (EOt) 4 52-2228 INSURED Port Angeles Downtown A«fIr c/o Jean Fairnu ld r_!7 N. Laurel Port Angeles WA 9 8362 GENERAL LIABILITY CCMERCIA_ GENERAL LIABILITY C'C7C ^r•-;_ -00: C 1 2 CLANS MADE EX) OCCURRENCE OWNER'S ONT OR- 0TE' L J r�1�tC' ,l J CONTRACTORS ''t_. .T!VEi C] f 1 AUTOMO ILE LIABILITY C 2 ANY AUTO 12 ALL OWNED AUTOS n HED l• S 2 rEVUL� AUTOS 12 HIRED AUTOS I 2 N_N- NNED AUTOS 12 GARAGE LIABILITY C? EXCESS LIABILITY 13 U 1BREi 1 A FORM C I OTHFn THAN UMBRELLA TYPE OF INSURANCE ES IPT IC OF 0FEn 'NS L I C IC r z- IT .J_'1_' +1Q \mil I_CA3 ?l +'�.,IVrnr SyE ��SFrf S Q± _,_M'] City f 1 i C14Y i1, Port Q +Eye e5 i5 a'. +:e as an �_.141� +rta .n:er?r• only 2= respect their 'rlterest In the •_Iper of tie F'i1r: Angeles Downtown As t' Q rr CERTIFICATE POLDER City of Port Ar+Seles City Hall Port Ar,3s•es, JA. ?El%4 TP!S CERT :FICATE IS ISSUED AS 'TATTER OF INTOR ?ATI?N ON -V AND CONFERS i r UPON CTRTIF i E 1-� --r r -n Tr- TE Di, -3 t NO F(:G+"It L:4 +li 4r -r iLfi!:f ll�l;_ :'tl +!il•_': I F_ ^I:- -h +C 3 NOT AEA =i��l It r'- r COVERAGE r' r l i BELOW Er,TEND OR AL THE COVERAGE AFFORDED G} THE ��a__CIES L�_l+J COMPANY A A4,ERIC µN STATES INS CO. LETTER COMPANY B ITT i LETTER COMPANY C 1 LETTER 1 t COMPANY D LETTER COMPANY E LETTER COVERAGES T t THAT INSNR I r T I• 1 r Er THIS ,S TO CI =fiIF� Ts 'LIC =S as�=_�-tQi�,_ T "at_Ll FEIN AV_ R` =ti n d ,1 �rr :l Ti. T'�= jpiSi1;-� 'VQ AL�i :V_ FOR i fl 1 POI p 1, L i l'. 1. 7 rcRa'_D ry Fr T' n+• N NG t REQUIREMENT, IRE E T ER In, -r e' n TR• R ET D-r•+ E IT T RESPECT HI StYD�iAT.if. ;�r_I, F +'_Si-� :AftJ!t�L ANY I,I�_ CONDITION l� I ANY CONTRACT OR �tlr_�� J!t��.1•c�: WITH _nr+,. cCT TO WHICH THIS t� PE N SUR r AFFORDED E T•r :'i r *E3 -nr_7r'^ HEREIN n r CEiT= �ICATE NAY B= lSSuED OR MAY r_�;4i +Y T':_ INSURANCE AFFORDED tf s� 'f!�3 Dc�L „_L�_'_1 `i_l�Il4 I? ,11�?1 �i_7 Q 1, 7 r t_R C N AND O S' r _,L I POLICIES. LIMITS SHOWN MAY HAVE BEEN i CLAIMS /,i ugiClEi, A :�D OF SUCH a. L= 3_ S �i �V Y ,Ati= L -�4 REDUCED EY PAID POLICY POL ICY 1 ,EFFECTIVE ;EXPIRATION! POLICY WuMEER DATE DATE 1 ALL L BITS :N ThOUSANDS 1 1 f I GENERAL AGGREGATE 07 /1=' /+_9 1 07/15'- rRf AGGR EGATE 1 PERSONAL ADVERTISING INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) i r EY -rr SE ONE P E R S O r MEDICAL ,`rEa__(AtSY r� E�3 1 i AUTHORIZED R 'riESENTAT:VE LL.0 COMPANIES AFFORDING COVERAGE (PER ACCIDENT) 1 1 CSL EODI.Y INJURY 1 (PER PERSON) 1 BODILY INJURY 1 1 PROPERTY DAmAGE I n RE EACH OCCURRENCE ALGREGAT i 1 1 r Z../ 00 500 500 50 c 1 1 STATUTORY WOR'NFRS' COMPFNSATIOV I AND (EACH ACCIDENT) EM:F'LOYERS LIABILITY i I E- I i (D_SEAS_ Fu' !CY LI0IT) 1 nr r r 1 1 (D SEA�E -EACH EM LO E_); 1 1 f 1 1 I 1 I C A ,;CE, =A T I ON I 3 i r� �r TEn n, RE 1 il�LD AMY 1:''= T,.- Ai +f{b_ �cSC i F��! IC:c= P= A�r`C= L +_:_t+ REr_I rHE PIRATION DAT= REC ThE ISSSU1N; COMPANV NI ENDEAiOR TCi MAIL 0 PAYS W;ITTT.N MO I TO C.E =±.A,TE n3'r._ }ri Ti;= FA:L uPE TO mAiL SUCH NOTI! E y' ;k, L T;} ftt IGATION OR AE' T r ANY •'I D I IFONN THE C _ImPANY, T S AGENTS f •R R= 'i_5 ;N A IVES. PRODUCER CODE INSURED COVERAGES CO LTR AC:OI,I)o CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A X TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. OWNER'S CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER CERTIFICATE HOLDER GELLOR INSURANCE, INC. 214 EAST FIRST (P.O. BOX 2045) PORT ANGELES, WA 98362 (206) 452 -2388 SUB CODE PORT ANGELES DOWNTOWN ASSOC. 217 N. LAUREL PORT ANGELES, WA 98362 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS CITY OF PORT ANGELES P.O. BOX 1150 PORT ANGELES, WA 98362 POLICY NUMBER ISSUE DATE (MM /DO/YY) November 12, 1990 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANY A LETTER PI COMPANY LETTER COMPANY G. LETTER COMPANY D LETTER COMPANY E LETTER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM /DD/YY) DATE (MM /DD/YY) 01 -CC- 708646 -2 10/24/90 10/24/91 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE COMPANIES AFFORDING COVERAGE AMERICAN STATES INSURANCE COMPANY FEB 1 21991 PROPERTY DAMAGE STATUTORY ()tad/719_ D CITY OF PORT ANGELES 11 ALL LIMITS IN THOUSANDS GENERAL AGGREGATE PRODUCTS COMP /OPS AGGREGATE PERSONAL ADVERTISING INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MEDICAL EXPENSE (Any one person) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY S (Per accident) EACH OCCURRENCE AGGREGATE 500 500 500 500 50 5 (EACH ACCIDENT) (DISEASE— POLICY LIMIT) (DISEASE —EACH EMPLOYEE m ACO CORPORATION 25 -S (3/88) ORPORATION 1988 PARKING AGREEMENT This Parking Agreement is entered into this 1 c; 12-1 day of 19 q by and between the parties identified here REPRESENTATIONS 1. The Port Angeles Downtown Association, a Washington Corporation, is the manager or lessor of a significant number of parking lots in the downtown P.B.I.A. area. Under certain circumstances set forth herein, a number of the parking spaces in these lots may be used by business owners to satisfy parking requirements associated with the opening of new businesses. 2. John Nelson, hereafter referred to as "business owner is the owner of a new business at 124 Railroad Avenue. The building area leased and occupied by said new business is hereafter referred to as "the premises The business owner does not currently have adjacent parking to satisfy the requirements of the Parking Ordinance of the City of Port Angeles. In consideration of the above Representations and the covenants and agreements set forth herein, the parties hereby agree as follows: Parking Agreement 1 AGREEMENTS 1. Business owner agrees to either install, or post an improvement bond acceptable to the City of Port Angeles for, 28 on site parking spaces in accordance with the parking variance issued by the City, or to pay the Port Angeles Downtown Association the sum of $600.00 per parking space for 34 spaces for a total payment of $20,400. These spaces are intended to function permanently as the required parking for the premises. The 28 on site spaces may not be used for parking until they are installed in accordance with City standards. 2. Business owner agrees to either install said 28 spaces before November 1, 1990 or to pay the $20,400 in accordance with the following terms: (a) Fifty percent of the $20,400 will be paid before November 1, 1990. (b) The balance of the payments shall be paid in equal monthly payments including interest at the prime rate which is in effect as of the date of signing of this agreement. The monthly payments shall be in the amount of 7/Y°- which is hereby agreed to be sufficient to amortize and pay the entire obligation in a period not to exceed the shorter of 5 years or the period of business owner's initial lease. A copy of the lease is attached hereto and incorporated by this reference. 3. In the event that before November 1, 1990, the Port Angeles City Council revises the City's Parking Ordinance to retroactively eliminate the business owner's parking requirements under the existing Parking Ordinance, the parties agree that this Parking Agreement shall become null and void. 4. Business owner agrees that each sub lessee of the premises shall be put on notice of the terms of this Parking Agreement and that this Parking Agreement shall be attached to each sub -lease of the premises. Business owner further agrees that if he does not meet the parking requirements of the City's Parking Ordinance by November 1, 1990 or if he defaults on his payment obligations under Paragraph 2(b) or any other obligations under this Agreement, said sub leases shall be terminated and the premises shall cease to be occupied. 5. Business owner agrees that this Agreement and any rights and obligations contained herein shal no be, transferable. BUS }NESS OWNER: \/Address _12 (AAPA4c 04 v Telephone: (-r The City of Port Angeles acknowledges the existence of this Parking Agreement and agrees to issue a temporary occupancy permit on a conditional basis until November 1, 1990, at which time, if the conditions of this Parking Agreement and all other requirements of final occupancy are met, the City will issue a permanent certificate of occupancy. C Y OF PORT AN ES Id/ 8t7 an�lge 440 1l v ffici Parking Agreement 2 ORT piN ASSOC .A �L O S DOWNTOWN Dave Brewer N C O M E E X P E N S E S PORT ANGELES DOWNTOWN ASSOCIATION BUDGET a 1 r (May 1, 1990 -April 30, 1991) (to 1 -2 -91) ITEM Beginning Cash 1 Membership Fees 2 Decal Sales 3 Space Rental 4a Int. Earned General 4b Int. Earned Parking 5 Misc. TOTAL INCOME 10 Stationary/Postage 11 Scholarship 12 Taxes and Fees 13 Post Office Box 14 Misc. Dues, Subscript. 15 Misc. 16 Co- ordinator 19 TOTAL ADMIN, EXPENSE 21 Seminars /Meetings 29 TOTAL REVEL. EXP 30 Advertising /Ongoing 31 Bill -board 32 Seasonal Promos 35 Christmas 36 Sidewalk/Spl. Events 39 TOTAL PROMO. EXP, 40 Newsletter 41 Banquet 42 Postage 49 TOTAL MEMBER. EXP, 60 Insurance 61 Parking Enforcement 62 Lot Leases 63 Utilities 65 Taxes /Assessments 66 Billboard 69 TOTAL PAWING EXP. 70 Planter Replacement 71 Litter Control 79 TOTAL BEAiJTIF. EXP.. 80 Total Income (line 9) TOTALS 81 Total Expense 82 ENDING CASH BUDGET FOR 1990 -91 9,001 18,850 8,500 9,800 1,600 3,900 0 551,651 41,0 500 500 600 5 28 150 75 150 416 8,000 2,400 9,333 3,391 495 131 495 131 3,129 1,500 1,700 4,020 1,651 12,999 100 450 400 959 1,050 6,050 300 3,000 900 1,500 12,800 3,400 3,600 7,000 51,651 42,578 9,073 ACTUAL TO DATE 11,140 15,810 6,294 7,353 1,030 948 1,301 1,502 2,746 1,507 3,004 458 222 465 3,300 200 1,986 448 263 6,662 3,400 3,018 6,418 41,627 25,286 16,341 FEB 1 21991 CITY OF PORT ANGELES CITY CLERK PADA RESERVE ACCOUNTS: DDAT (Downtown Development Assistance Team) Reserve was established to provide funds for an assistance team to help the association organize development efforts. It was designed to be expended in 1990 -91. Planter Replacement Reserve was established to provide funds to work cooperatively with the city to replace planters downtown. It was designed to be expended in 1991 -92. Operating reserve was established in case of an emergency. It was designed to be an amount equal to a three -month cash need, in case income was stopped or a large expense arose. Parking Reserve was established from funds contributed by the Downtown Parking Association, Inc. when it was dissolved to become part of the PADA. By agreement between the DPA,Inc. and the PADA the funds are to be used for capitol improvements for parking downtown. Interest and the sale of the "Babe's Tavern" property have contributed to the growth of this fund. In 6 month CD at First Federal, due June, 1991. In one year CD at First Federal, due Dec., 1991. In checking Account: 16,341 In 6 -month CD: DDAT Team Reserve 1,000 Planter Replacement 8,400 Operating Reserve 11.500 TOTAL 20,900 In one year CD: Parking Reserve 56,728 !Total Cash Assets: 93,969 I CURRENT BALANCE: 1,000 8,400 11,500 56,728 PORT ANGELES DOWNTOWN ASSOCIATION BUDGET (May 1 -April 30) 1988 -89 1989 -90 1990 -91 1 991 -92 ITEM FINAL FINAL FINAL ro VP- 1 5 BUDGET BUDGET BUDGET BUDGE Beginning Cash 28,050 6,825 11,140 6,534 I 1 Membership Fees 13,117 14,342 15,821 17,498 N 2 Decal Sales 15,099 10,507 9,137 8,928 APR 2 0 C 3 Space Rental 6,300 7,217 9,800 11,234 O 4a Int. Earned General 1,544 1,467 1,274 1,489 gry p'"pORT ANGELES M 4b Int. Earned Parking CITY CLERK E 5 Misc. 1,821 3,602 2,307 285 6 Special Fund Raiser 851 TOTAL INCOME 65,931 43,960 49,479 46,819 10 Stationary/Postage 225 575 11 Scholarship 500 500 500 500 12 Taxes and Fees 5 5 35 13 Post Office Box 28 28 35 195 14 Misc, Dues, Subscript. 120 150 75 1,360 15 Misc. 511 2,540 58 1,062 16 Co- ordinator 3,181 6,100 15,569 1 6a Benefits 2,409 17 Moving Expenses 1,799 19 TOTAL ADMIN. EXPENS 1,389 6,979 6,768 22,929 21 Seminars /Meetings 495 550 300 22 Coordinator 315 29 TOTAL DEVELOP. EXP 315 495 550 300 30 Advertising /Ongoing 4,351 2,147 2,760 454 E 31 Bill -board 750 1,300 856 X 32 Seasonal Promos 1,502 P 34 Promo Coordinator 1,532 E 35 Christmas 5,275 4,216 4,514 3,266 N Mystery Weekend 2,936 S 36 Sidewalk/Spl, Events 1,400 1,403 1,507 1,454 E 37 Mother's Day 2,191 S 38 Murals 486 39 TOTAL PROMO. EXP, 14,749 9,002 1 4,51 9 6,030 40 Newsletter 929 41 Banquet 518 525 458 32 42 Postage 302 342 759 601 49 TOTAL MEMBER. EXP. 1,749 867 1,217 633 50 DDAT Team Reserve 1,000 51 Promo Study Reserve 2,500 52 Planter Replacement 5,000 53 Operating Reserve 11,500 59 TOTAL RESERVE DIST, 20,000 60 Insurance 7,373 465 465 559 61 Parking Enforcement 6,466 5,019 5,500 62 Lot Leases 100 500 200 414 63 Utilities 3,019 2,878 2,971 2,611 64 Litter Control 1,941 65 Taxes /Assessments 1,875 1,442 1,234 1,278 66 Billboard 2,580 1,550 67 Misc. 130 690 69 TOTAL PARKING EXP 20,904 12,884 12,61 0 4,862 70 Planter Replacement 3,400 71 Litter Control 2,593 3,881 2,964 79 TOTAL BEAUTIF, EXP. 0 2,593 7,281 2,964 T O 80 Total Income (line 9) 65,931 43,960 49,479 46,819 T 81 Total Expense 59,106 32,820 42,945 37,718 A 82 ENDING CASH 6,825 11,140 6,534 9,101 L 5, CERTIFICATE OF INSURANCE 7 ISSUE DATE (MM /DD /YY) I I I 11/13/92 1 PRODUCER ;THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS INO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, I Gellor Insurance, Inc. ;EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW I 214 East First (P.O. Box 2045) COMPANIES AFFORDING COVERAGE Port Angeles, WA 98362 I I (204) 452 -2388 {COMPANY American States Insurance Co. I ;LETTER A I I INSURED iTDAii I ;LETTER B I Port Angeles Downtown Assoc. ItDNPANY I I P.O. Box 582 (LETTER C I Port Angeles, WA 98362 {EITFi I (LETTER D I ItUIPAM 1= COVERAGES ;LETTER E 1 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I I INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I 1 ;CO I I POLICY I POLICY I ;LTRI TYPE OF INSURANCE I POLICY NUMBER (EFFECTIVE ;EXPIRATION( LIMITS I I DATE DATE I I GENERAL LIABILITY I I GENERAL AGGREGATE 544 444 I 1 A I 1 O1-CC- 748646 -4 1 14/24/92 10/24/93 1 PRDDDtTS—_EDNP?DPS AS &RE &ATE 13 NID 1 1 ICU COMMERCIAL GENERAL LIABILITY; I I PERSDNAE ADVERTISINS IN3TlMY 7 sTatr DOT I I E CLAIMS MADE (XI OCCUR. I I EAEA DEtTIRRENEE 3 SDD I ;I }OWNER'S CONTRACTOR'S PROT.> I I PIRc DARADE IAn one Tire', 1$ sD I I If I 1 I I AED1EAL one person ',?l a,DTiD I AUTOMOBILE LIABILITY I I COMBINED SINGLE I I I I I LIMIT I I It I ANY AUTO I I I I I If ALL OWNED AUTOS I BODILY INJURY I I I ;I SCHEDULED AUTOS I I I I (Per person) I$ I I If I HIRED AUTOS I I I It I NON -OWNED AUTOS I I I I BODILY INJURY I It I GARAGE LIABILITY {Per accident) 1$ I I PROPERTY DAMAGE I I 1 I 1 1 I I EACH OCCURENCE 1$ I I AMREEATE If I I 1 I 1 1 1 I I I WORKER COMPENSATION I I I I STATUTORY LIMITS I I AND I I EAETf AEEIDENT 13 EMPLOYERS' LIABILITY I DISEASE PDEIEY EINIT 13 I I I DISEASE EACA ENPEDyEE 13 4 I 1 OTHER 1 I 1 i I I I I I I i I 1 1 I 1 1 1 I I 1 I 1 I I 1 1 1 1 1 1 I I 1 1 1 1 1 I 1 1 I 1 1 1 1 1 n 1 1 1 1 I 1 1 I I I EXCESS LIABILITY I If }Umbreiia Form I It }Other Than Umbrella Form DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS I As respects operations of the named insured. I The City of Port Angeles is named as an additional insured, but only I as their interests may appear. I= CERTIFICATE HOLDER CANCELLATION I I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I I I EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO I I City of Port Angeles I MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE I I P. O. Box 1150 1 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR I I Port Angeles, WA 98362 1 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OF REPRESENTATIVES. I I AUTHORIZED REP�tSH/ VE 1 f 1 November 16, 1994 Barry Berezowsky Executive Director Port Angeles Downtown Association P. 0. Box 582 Port Angeles, WA 98362 Re: City of Port Angeles 1995 Budget Presentation Dear Barry: CITY OF PORT ANGELES 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 The City Council has set the date of Saturday, December 3, 1994, to hear presentations on the part of agencies requesting City funding for 1995. Attached for your review is a proposed schedule for these presentations. Please review the schedule and confirm with my office your acceptance of the presentation time established for your agency. If another time is more acceptable, please let us know as soon as possible. It is important that all presentations be limited to ten minutes. Thank you for your assistance we look forward to hearing from you! Sincerely yours, Becky J. Upton City Clerk Enclosure CO LTR A tii.11® CERTIFICATE OF INSURANCE PRODUCER Gellor Insurance, Inc. 214 East First (P.O. Box 2045) Port Angeles WA 98362 INSURED Port Angeles Downtown Assoc. P. O. Box 582 Port Angeles WA 98362 OTHER ACORO 254 M TYPE OF INSURANCE GENERAL LIABILITY 01•C0.708646.6 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. OWNER'S CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY CERTIFICATE HOLDER CITY of PORT ANGELES Attn: Dennis Dickson P. O. Box 1150 Port Angeles, WA 98362 POLICY NUMBER 12/13/94 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LEVER COMPANY LETTER COMPANY LETTER COMPANY LETTER B C D COMPANY E LETTER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS Certificate Holder is added as an ADDITIONAL INSURED as respects operations of the Named Insured, but only as their interests may appear. Wendy Rix COMPANIES AFFORDING COVERAGE American States Insurance COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) 10/24194 10/24/95 GENERAL AGGREGATE 500000 PRODUCTS COMP/OP AGG 500000 PERSONAL ADV INJURY 500000 EACH OCCURRENCE 500000 FIRE DAMAGE (My one fire) 50000 MED EXPENSE (My one person) 5000 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM ISSUE DATE (MM/DD/YY) LIMITS PROPERTY DAMAGE STATUTORY LIMITS EACH ACCIDENT DISEASE POLICY LIMIT DISEASE EACH EMPLOYEE CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE 7 CORPORATION 1990 SYD DATE: December 14, 1994 MEMORANDUM TO: Becky Upton, City Clerk FROM: Dennis C. Dickson, Sr. Assistant City Attorney RE: Certificate of Insurance Downtown Parkina Lot Attached hereto please find an original Certificate of Insurance naming the City of Port Angeles as an additional insured for the policy period from 10/24/94 through 10/24/95. Please retain this original certificate in the appropriate fashion. Respectfully submitted, D� is C. Dickson, Sr. Assistant City Attorney DCD: jd 5,7 December 21, 1994 Mr. Barry Berezowsky Executive Director Port Angeles Downtown Association P. O. Box 582 Port Angeles, WA 98362 Becky J. Upton City Clerk CITY OF PORT ANGELES 5, 7 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 Re: 1995 Funding City of Port Angeles Dear Barry: At its meeting of December 20, 1994, the Port Angeles City Council adopted the 1995 budget. The Council considered the request from the Port Angeles Downtown Association for funding in the amount of $10,000. It was decided that such funding would not be approved for 1995. Our best wishes for a happy and healthy holiday! Sincerely yours, PRODUCER INSURED CO LTR A AO:l)1.11® CERTIFICATE OF INSURANCE Gellor Insurance, Inc. 214 East First (P.O. Box 2045) Port Angeles WA 98362 PORT ANGELES DOWNTOWN ASSOCIATION P. O. Box 582 Port Angeles WA 98362 OTHER ACORD 25-S (7190) TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNER'S CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY CERTIFICATE HOLDER CITY of PORT ANGELES Attn: Dennis Dickson P. O. Box 1150 Port Angeles, WA 01•CC•708646.6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LETTER COMPANY LEVER COMPANY LETTER B C COMPANY D LETTER COMPANY E LETTER Wendy Rix COMPANIES AFFORDING COVERAGE 5, 7 AMERICAN STATES INSURANCE COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) 10/24/94 10/24/95 GENERAL AGGREGATE 500000 PRODUCTS COMP /OP AGG 500000 PERSONAL ADV INJURY 500000 EACH OCCURRENCE 500000 FIRE DAMAGE (My one fire) 50000 MED EXPENSE (Any one person) 5000 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM STATUTORY LIMITS EACH ACCIDENT DISEASE POLICY LIMIT DISEASE EACH EMPLOYEE ISSUE DATE (MM/DD/YY) 05/15/95 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECLAL ITEMS Certificate Holder is added as an ADDITIONAL INSURED as respects operations of the Named Insured and their Port Angeles Downtown Associations sidewalk a nd garage sales to be held May 26, 27, 28 29th. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 98362 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Ct flD" CORPORATION 1990 SVD Barry A. Berezowsky, Executive Director Ron Bradshaw, President 121 E Railroad Ave PO Box582 Port Angeles, WA 98362 BeckjUpton, City Clerk City of Port Angeles P O. Box 1150 Port Angeles, WA 98362 Dear Becky Sincerely, Billie Grauberger, Treasurer Port Angeles Downtown Association cc. Mr. Jeff Pomeranz Mr Tim Smith Barry Berezowsky Port Angeles Downtown Association Phone/Fax (360) 457 -9614 May 1, 1996 Per the agreement entered into by the City of Port Angeles and the Port Angeles Downtown Association, dated February 7, 1986, I am submitting the PADA's 1996 Draft Budget for your records. I have also attached a summary of the PADA's 1995 expenses, per the agreement. As stated in the "agreement the draft budget illustrates the "planned use of funds collected from operation of the off street parking lots and PBIA," The planned use of these funds are in accordance with the above cited "agreement" and City Ordinance No 2351 and its amendment, Ordinance No. 2360 The planned use of these funds are also consistent with RCW 35 87A.010. The PADA Board of Director's will forward a copy of our adopted budget once we have received certain information from the City necessary to accurately distribute funds recently received to the appropriate year and revenue source (i.e the proportion of funds recently disbursed by the City which should be allocated to the 1995 and 1996 fiscal year, and how much of this disbursement is the result of parking decal sales and how much is due to the collection of PBIA assessments). The expense summary I have attached will also be modified to reflect the allocation of these funds by fiscal year once the City has provided us with this information. If you have any questions in regards to the above, please do not hesitate to call me at 417 -3230 5, Balance Total income Total expenses Income less expenses: PBIA Assessment Parking Decals Budget Lease Membership Dues Interest Other Transfer from PKG Total income: 1 Administration Net wages Federal Tax (941) SSA L I Medicare $19,000.00 $12,000.00 $16,800.00 $500.00 $200.00 0 $5,509.32 PADA DRAFT1996 BUDGET Month/Yearl 5/96 SUMMARY ACTUAL BUDGETED OVER BUDGET UNDER BUDGET $1.051.56 $1.051.56 55,060.88=Z t.'_7:7(5506088) 5134312 5134372 5134372 3,717i16 INCOME DETAILS ACTUAL BUDGETED OVER BUDGET UNDER BUDGET NOTES (19,000.00) (12,000.00) (16,800.00) (500 00) (200.00) (5,509.32) -_--,_$54,009.32T (54,009.32) EXPENSE DETAILS ACTUAL BUDGETED OVER BUDGET UNDER BUDGET NOTES $23,708 16 (23,708.16) $7,281.12 (7,281.12) $1,784.96 (1,784.96) $282 80 (282.80) $417.36 (417.36) I $33474.40 (33,474 40)17 1 7 (tir.65)1 7 Total Administration expenses: Percent of total: Office Expenses Office Rent Office Supplies Petty Cash Travel Equipment Telephone Insurance Postage Misc $50.00 (50.00) Total Office Expenses: 1 14;500.00 (4,100.00)1 1 Percent of total: $1,800.00 $50.00 $250.00 $500.00 $50.00 $500.00 $1,200.00 $100.00 (1,800.00) (50 00) (250.00) (500.00) (50.00) (500.00). (1,200 00) (100.00) Committees Promotion Committee Sidewalk Sales Treasure Hunt Halloween Chnstmas Insurance Total Promotion Design Committee Low Interest Loan Program Storefront Design Program Clean Up 1996 Streetscape/Banner Study Total Design Economic Restructuring Committee Start Up Brochure Marketing Package Total Economic Restucturing Parking Committee Maintenance Utilities Seal Coat Restnping Total Parking Total Committee expenses: Percent of total: Other Expenses Training Meetings Travel Total Training Total Training expenses: Percent of total: Community Support Scholarship Misc. Donations Total Community Support Percent of total: Total 1996 Expenses: Percent of total: $1,260.00 0 $5,509.32 $6,769.32 $13,369 32 _'26.04 $1,500.00 $1,000.00 $500.00 $2,000.00 $850.00 $5,850.00 $100.00 $250.00 $50.00 $50.00 $450.00 $100.00 $200.00 $300.00 $1,000.00 $500.00 $1,500.00 $1,068:00 2:08% $500.00 $500.00 $1;000:00' 1.95%:.'a $51 ,343:72 =:100.00% (1,500.00) (1,000.00) (500.00) (2,000.00)• (5,850.00) (100.00) (250.00) (50.00) (50.00) (450.00) (100.00) (200.00) (300.00) (1,260.00) (5,509.32) (6,769.32) (13 ;369.06)1 (0.26)1 (1,068:00)1 s r Summary Report 5/1/95 Through 4/30/96 511/96 PADA CHkg 5/1/95 Category Description 4/30/96 INCOME/EXPENSE INCOME Income Pkg 18,735.23 PBIA) 33,100.00 Transfer 3,500.00 TOTAL INCOME 55,335 23 EXPENSES Administration: Office Rent 1,120.64 Office Supplies 66.49 Postage 97.38 Wages 23,772 27 Total Administration 25,056 78 Auto Mileage 639 60 Copies 174 64 Design 710 31 Equipment 2,197.62 Expense: Expense Other: Scholarship 500 00 Total Expense Other 500.00 Total Expense 500.00 Insurance 1,208 29 Lot Lease 675.00 Office Exp's 145.05 PBIA Refund 80 00 Petty Cash 396.05 PKG Maintenance 1,113 57 Promotion 2,245.06 Reimbursement 317.96 Tax: Fed 7,908 05 Other 1,021.02 Tax Other 0.00 Total Tax 8,929.07 Telephone 1,340 53 Training 862.80 Utilities Pkg 913 64 Expenses Other 0 00 TOTAL EXPENSES TOTAL INCOME/EXPENSE Balance Forward PADA CHkg 47,505.97 7,829.26 2,522.30 Total Balance Forward 2,522.30 OVERALL TOTAL 10,35156 Page 1 Barry A Berezowsky, Executive Director Ron Bradshaw, President 121 E Railroad Ave PO Box582 Port Angeles, WA 98362 August 1, 1996 Ms. Beck Upton, City Clerk City of Port Angeles 321 E. Fifth St. P.O. Box 1150 Port Angeles, WA., 98362 Dear Becky: Port Angeles Downtown Association Phone/Fax (360) 457 -9614 Please find enclosed a copy of the PADA's adopted budget. The budget does not differ greatly from the "draft" budget delivered to you May 1, 1996. We decided to hold off adopting the budget until the Board met with Ms. Susan Kempf from the Washington State Downtown Revitalization Program. Ms. Kempf discussed with the Board some of the areas in our budget that needed further consideration and also provided us with advise in regards to how we could be more effective in our financial reporting efforts. In addition, I have included a copy of the recent financial operations review conducted by Michele Haworth with McClain Crouse. Ms. Haworth found that for all intents and purposes our books are in good order. She did, however, identify a number of procedural areas that the PADA and City should address. We will contact the City in the near future to begin discussing how we can address the items she identified. I have also included a copy of the PADA Board minutes from 1/3/96 which contains reference to the Board's discussion and ultimate decision in regards to this past years election which caused some members to voice their concern. The minutes reflect the fact that two of the members who voiced their concern and who where invited to address the Board in this matter choose not to bring their concern directly to the Board at a time that the Board could have taken action to address their concern. We have recently notified the membership via our recent mailing about our intentions for this years upcoming election. We believe this issue has been addressed to the best of our abilities. Finally, for your records the individual's who have signing privileges on the PADA bank account are: Ron Bradshaw, President; Billie Grauberger, Treasurer; Naomi Denhart, Secretary, and Barry Berezowsky, Executive Director. After our election in December, 1996 we will notify the City via resolution any changes in this matter. If you have any questions, please do not hesitate to give me a call at 457 -9614. Sincerely, Barry Berezowsky, Executive Director Port Angeles Downtown Association cc: Ron Bradshaw, President Tim Smith, City of Port Angeles McClain, Crouse 4 Co, PS 227 W Eighth Street Port Angeles, WA 98362 (360) 457 -3303 FAX (360) 457 -7415 Certified Public Accountants Charles S. McClain Karen L. Crouse July 24, 1996 Mr. Barry Berezowsky Executive Director Ms. Billie Grauberger Treasurer Port Angeles Downtown Association PO Box 582 Port Angeles, WA 98362 Dear Mr. Berezowsky and Ms. Grauberger: Based upon our review of the materials provided us as well as other inquiry, we would like to make the following recommendations: Revenue/Cash Receipts In order to more appropriately budget and track revenue sources, additional information should be requested from the City of Port Angeles (City). This information should include: I) a complete list of the downtown association members 2) amounts due annually from such members 3) amounts collected from such members 4) the time period of collection and 5) balances outstanding See Exhibit 1 for a sample format. In addition, revenue sources should not be commingled; i.e., PBIA assessments and the sales of decals should be reported separately. This breakdown will allow PADA to track collections of the different types of revenue and to properly budget expenditures based on the timing of receipts. It would also be appropriate to request that the city remit the parking funds to the PADA on a monthly basis to facilitate the PADA's cash flow. Cash Disbursements The categories being used to report expenditures are, for the most part, appropriate. It would facilitate comparison to the budget if all expenditures were allocated to a budget category. Thus, use of such categories as: Expense Other, Miscellaneous; Office Expense; Petty Cash; and Reimbursement should be eliminated or minimized. All petty cash and reimbursement items should be properly classified as office supplies, mileage, copies, travel etc. Expense reimbursements to the Executive Director and/or other PADA member should be documented in such a format as to ensure uniform accountability and documentation. See attached Exhibit 2 for a suggested format. Insurance expense should be differentiated between medical insurance and insurance required by the city. This will facilitate monitoring of budgeted expenditures within appropriate categories. Member of American Institute Washington Society of Certified Public Accountants We recommend that an updated accounting program (such as Quicken) be purchased ($100 or less). This will facilitate the recording and allocation of expenditures as well as provide an easy mechanism for reporting actual expenses compared to budget on a monthly, quarterly and annual basis. Bank Reconciliations As the Treasurer is aware, it is very important that the bank reconciliations be completed timely. Since both a manual check register and computerized check register are utilized, this reconciliation will be a three -part one to ensure both registers are in agreement with the bank statement. This should not be time intensive given the limited number of checks written each month. Voided Checks/Duplicate Check Numbers We recommend that all voided checks be defaced and either attached to the checkbook or filed in numerical sequence. This file should be reviewed when reconciling the bank statement to account for all check numbers. If the PADA should need to use counter checks again, the check number assigned should not be the next sequential number for regular checks. It should be given a unique number such as 1A, etc. This will eliminate the confusion of the duplicate check numbers in the records. Automatic Deposits/Withdrawals A checklist of all automatic deposits (interest) and withdrawals (bank fees and insurance) should be made to ensure that they are properly recorded in the check register /computer. Payroll Payroll should be tracked in a format similar to Exhibit 3 in order to facilitate monthly tax deposits, preparation of quarterly filings and preparation of year end reports (W -2s). This format may be maintained in a basic computer spreadsheet or manually since there is only one employee of PADA. Taxes The above format should help ensure that the payroll taxes are prepared and submitted on a timely basis. Quarterly taxes for Labor Industries and Employment Security appear to have been properly submitted. Since the PADA is a nonprofit organization with gross receipts of over $25,000, it should verify whether it is required to complete a 990EZ annually. In addition, the PADA tax determination letter should be obtained from the IRS if it cannot be located in the files. This is a key document to have on hand to confirm its approved tax exempt status. The letter will also indicate what EIN should be used in all correspondence with the IRS, Social Security Administration, Employment Security, Labor Industries and bank accounts. At that point, the PADA should ensure that all agencies are informed of the correct number and that all filings are made under the correct number. Recordkeeping Invoices paid should be filed in folders headed by the expense category charged, i.e., "Office Supplies "Travel etc. This will provide a quick reference for later questions and provide support for financial statement categories. Reports A format similar to the summary report would be appropriate in reporting to the Board of Directors. It would be more useful if it compared actual expenses to budgeted amounts for a specific time period. In addition, the income from the Heckman lease should be a separate Iine item so that parking revenue from other sources can be analyzed. Budget The budget can be entered into a computer program and be allocated evenly over twelve months to provide a reference comparison for actual expenses incurred. Over time, once additional information has been received from the city and seasonal expenses and revenues can be determined, the allocation of the budget during the year can be more specific and provide a more useful comparison to actual revenues and expenses incurred. From our review, it appears that the PADA may be underbudget in the taxes category. Through our estimates and review of past records, it appears that the tax expense for employer FICA, Employment Security and Labor and Industries may be approximately $3,500 compared to a budgeted amount of $2,521, a shortfall of $979. See detail below: Budgeted Wages $29,232.12 FICA -OASDI 6.2% 1,812.39 Employment Security $1,008 FICA Medicare 1.45% 423.87 Labor Industries 258 Agreement with City The agreement with the City should be reviewed periodically to determine if an addendum or an amendment is needed as well as to ensure that both parties are adhering to the requirements. For example, we noted that two leases in the original agreement have expired. Is it necessary for any other action to take place? In addition, the agreement provides for the notification from the City of new businesses and/or turnover as well as places the burden of determining new assessments on the PADA for such businesses. The agreement also indicates that seasonal businesses should be covered per Section II h. This information may help the PADA in gaining additional information from the City. We appreciate the opportunity to provide the above recommendations for the Port Angeles Downtown Association. If you have any questions regarding our recommendations or comments, please contact me or Karen Crouse. We look forward to working with you in the future. Sincerely, C. Michele Haworth McClain, Crouse Co., PS YEAR Downtown Assoc. Members Sale of Decals April 1 Annual Dues April April May May June June COLLECTIONS July July August August Exhibit 1 Revenue Sept Sept Page 1 Oct Oct Nov Nov Dec Dec Jan Feb 1 Jan I Feb Mar Mar Total Collections Balance Outstanding Date I Approved By: I I I I I EXPENSE REIMBURSEMENT FORM Office Supplies I I I Copies Postage of Miles Exhibit 2 Expense Reimb. Mileage Rate Page 1 Mileage Reimb. I Note: All reimbursements must be supported by receipt and the reason for the expenditure documented. I I I I I certify that the above expense reimbursement is a true expense incurred on behalf of PADA. Reason for travellexpenditure 1/1 -1/14 1/15 -1/31 2/1 -2/14 2/15 -2/28 3/1 -3/14 3/15 -3/31 QTR 1 4/1 -4/14 4/15 -4/30 5/1 -5/14 5/15 -5/31 6/1 -6/14 6/15 -6/30 QTR 2 7/1 -7/14 7/15/ -7/31 8/1 -8/14 8/15 -8/31 9/1 -9/14 9/15 -9/30 QTR 3 10/1 -10/14 10/15 -10/31 11/1 -11/14 11/15 -11/30 12/1 -12/14 12/15 -12/31 QTR 4 Annual Amt Payroll I Check Number Hours Worked Gross Pay Fed W/H FICA 0 062 FICA 0.0145 Exhibit 3 Payroll Other Deductions Page 1 Total Deductions Net Pay Employer Taxes FICA FICA 0.062 0.0145 Total Fed /FICA Taxes Date Taxes Paid Tax Check Number Sheet1 Budget 2 Mos 2 Mos Variance Budget Actual Over(under) PBIA Assessment Decal Sale 33,000.00 5,500.00 5,800.00 300.00 Collection 1,000.00 166.67 (166.67) Budget Lease 16,800.00 2,800.00 1,400.00 (1,400.00) Membership Dues 300.00 50.00 150.00 100.00 Interest 200.00 33.33 32.54 (0.79) Other Income 500.00 83.33 500.00 416.67 Utility Refund 617.54 102.92 617.54 514.62 Transfer from Reserve 5.509.32 0.00 0.00 0.00 Total Revenue 57,926.86 8,736.26 8,500.08 (236.18) Wages 29,232.12 4,872.02 2,940.78 (1,931.24) Taxes 2,520.68 420.11 1,213.92 793.81 Medical Insurance 1,200.00 200.00 338.80 138.80 Office Rent 1,680.00 280.00 815.00 535.00 Office Supplies 200.00 33.33 12.93 (20.40) Local Mileage 400.00 66.67 149.49 82.82 Equipment 250.00 41.67 0.00 (41.67) Telephone 800.00 133.33 32.76 (100.57) Copies 250.00 41.67 57.35 15.68 Postage 250.00 41.67 35.85 (5.82) Misc 150.00 25.00 8.72 (16.28) Insurance 850.00 141.67 0.00 (141.67) Dues /Mbrship Fees 345.00 57.50 145.00 87.50 Financial Review 500 00 83.33 0.00 (83.332 Total Admin 38,627.80 6,437.97 5,750.60 (687.37) Promotions 4,000.00 666.67 235.20 (431.47) Design 700.00 116.67 (116.67) Economic Restructuring 200.00 33.33 (33.33) Parking Maintenance 6,769.32 1,128.22 2,966.14 1,837.92 Parking Utilities 2,500.00 416.67 (416.67) Harbortowne Lease 675.00 112.50 (112.50) Govenor's Institute 700.00 116.67 (116.67) Non -Local Mileage 800.00 133.33 (133.33) Professional Development 1,000.00 166.67 193.68 27.01 Newsletter 500.00 83.33 (83.33) Haguewood Plaque 300.00 50.00 (50.00) Walking Tour Brochure 750.00 125.00 (125.00) Remaining Funds 1.500 00 250. 750 00 500.00 Total Comm /Prog 20,394.32 3,399.05 4,145.02 745.97 Total Expense 59.022.12 9.837.02 2.895.62 58.6Q Net income(expense) (1,095.26) (1,100.76) (1,395.54) (294.78) Page 1 rniS,Te. r^ a PORT ANGELES DOWNTOWN ASSOCIATION Minutes of 1 -3 -96 'Present: Billie Grauberger, Naomi Denhart, Barbara Frederick, Don Bettger, Ben Paizer, Greg Scherer, Ron Bradshaw Executive Director: Barry Berezowsky City of PA: Tim Smith Absent: Louann Yager, Pat Thomsen, Mark Mouzakis -The meeting was called to order at 7:39 by R. Bradshaw. D. Bettger moved to accept the minutes of 12 -6 -95; seconded, passed. EXECUTIVE SESSION: Ron reported that concern had been expressed by Jerry Cornell and David Brewef that our By -Laws had not been adhered to in our last election, with respect to membership not being given the opportunity to nominate. B. Berezowsky described the procedure t he had followed to find candidates and mail out a ballot. It was stated that: there was a communications problem with ballot return; this election was conducted exactly like last year's (allowing for write -ins) except that two candidates lost; and that philosophically we would like to avoid having losing candidates. N. Denhart noted that the By -Laws Committee 4( from the 1994 board wrote By -Laws to change our fiscal and operational year to Jan. 1 -Dec. 31 but did not have time to work out procedural changes that resulted from the new By -Laws. She suggested that in 1996 we establish process by using the newsletter to contact the membership about elections in October, activate the Nominations Committee in November, and send out a ballot in December. After further discussion it was felt that the write -in provision of the ballot had provided membership with the opportunity for input and .that the election was valid, but G. Scherer moved that we table our decision to validate the election to later in the meeting to allow Mssrs. Cornell and Brewer to express their views personally. Seconded, passed. COMMITTEES: PROMOTIONS: Ron reported that an handmade Santa suit has been purchased. B. Frederick said that the Santa /kiosk promotion will receive attention before next Christmas to work out the problems.- DESIGN: Naomi reported that we have had inquiries resulting from the Peninsula Business Journal article on Storefront Design Assistance.- The PABA meeting Barry, T. Smith, and Naomi attended on Dec. 12 went well. The PABA would like to have a program like ours so Naomi offered our resources to help them plan one. -In 1996 DESIGN will continue with the donwtown clean -up and the Storefront program, and will be looking to the 1996 Board for input on other activities. ECONOMIC RESTRUCTURING: D. Bettger passed around a sample survey that might be used for the business inventory. Barry recommended that it be sent to Mike Gentry of Lindberg Architects (local consultants to Downtown Forward) for input. -Don expressed his desire for Downtown Forward to start so the PADA has a forum for its concerns. RETURN TO EXECUTIVE SESSION: D. Bettger moved to take Greg's motion off the table; seconded, passed. D. Bettger moved that we accept the motion to call the election valid. In discussion, Don offered to speak personally with Cornell and Brewer to explain our decision and ask them in they would be interested in serving on a future board. Motion seconded, passed. -CITY REPORT: The Marine Lab preliminary report went well but T. Smith is concerned that the business community hasn't responded, even though he made a report at a Chamber meeting. D. Bettger moved that the PADA draft a letter for Ron's signature expressing our support; seconded, passed. Tim felt the pressure the PABA put on the City for its partnership on Storefront Design was handled positively. OLD BUSINESS: General comments about the graffiti situation. -NEW BUSINESS: General comments about city ordinances that may restrict "festivity" in downtown; more co- ordination between City and PA must be established. Meeting adjourned at 9:19. Respectfully submitted, Naomi Denhart BUDGETED 1996197 Actual 1995/96 Change SUMMARY Balance Total Income Total expenses Available Income (1996 balance Forward) Income less expenses: PADA 1996/97 BUDGET( $9.543.03 $57,926.86 $59,022.12 $67,469.89 9,543.03 1095.26 INCOME DETAILS PBIA Assessment Sale of Decals Collection(Qelinquent Acct's) Budget Lease Membership Dues Interest Other Income (beams) Utility Refund (1995) Transfer from Money Market Transfer from Reserve Fund (lot maintenance) Total income: EXPENSE DETAILS Administration Gross Wages Taxes Medical Insurance Office Rent Office Supplies Local Mileage Equipment Telephone Copies Postage Misc Insurance (Pkg lots Events) Dues/Mbrship Fees Financial Review Total Administration Expenses: BUDGETED 1996197 $33,000 00 $1,000.00 $16,800.00 $300 00 $200.00 $500.00 $617.54 0 $5,509.32 57,926.86 BUDGETED 1996/97 Actual 1996/97 $29,232 12 $2,520 68 $1,200.00 $1,680.00 $200.00 $400 00 $250.00 $800 00 $250.00 $250.00 $150 00 $850 00 $345.00 $500.00 $38,627.80 $2,522.301 $55 $48,470.08 $58,013.11 Actual 1995/96 $33,100 00 $0.001 $18,735 231 $0 001 $155.581 $000 $0.00 $3,500 00 $0.00 $55,490.8 Month/Year. Change 7,020.73 2,436.05 10,552.04 9,456,781 Change ($100,00) $1,0D0.00 ($1,935.23)1 $300.00 I $44.42 $500.00 $617.54 I ($1500.00)1 55,509.321 2,436.05 29,232.12 2,520.68 (1,200.00) (1,680.00) (200.00)1 1 (400.00){ (250.00) (800.00) (250.00) (250.00) (150.00)1 (850.00) (345.00) (500.00)1 (38,627.80)1 Committees Program Expenses: 1 I I 1 I Promotions $4,000.00 1 (4,000.00) Design $700.00 (700.00) Economic Restructunng $200 00 (200.00) Parking Maintenance $6,769.32 (6,789.32) Parking Utilities $2,500.00 (2,500.00) Harbortowne Lease $675.00 (675.00) Governor's Institute $700 00 (700.00) Non -local Mileage $800.00 1 (800.00) Professional Development (food Lodging) $1,000.00 1 (1,000.00) Newsletter $500 00 (500.00) Haguewood Plaque $300.00 (300.00) Walking Tour Brochure $750.00 (750.00) Funds Remaining to Be Allocated $1,500.00 1 (1,500:00) Total Committee Program Expenses 1 $20,394.321 1 (20,394.32)1 1 f 1 I Total Expenses: 1 I $59,022.12 1 I (59,022.12) Total 1996/97 Income I $67,469.89 I I 67,469:89 Balance Forward 1997 8,447.77 I Balance Forward From 1995/96 $2,552.30 Money Market Account (Design Committee Plaque Sales) First Federal CD Balance 06 /26/96 Emergency Operating Fund Balance Parking Maintenance Fund Balance Transfer for Lot Maintenance Aug. '96 (Seal coat restripe) Parking Lot Maintenance Balance 06/96 Property Purchase 12/1995 CD Balance as of Aug. 96 $37,500.00 $2,557 66 $22,006.13 $9,500.00 $12,506.13 $5,509.32 $6,996.81 The Board is looking at insurance expenditures. It has been suggested we have been paying more than necessary Non profits should have their financial reporting proceedure "Reviewed" by a certified accountant every three years. The Board has no knowledge of a financial review (at least recently) and has therefore budgeted for one to take place immediately. Expenditures that can be defined as philantropic have been deleted from the PADA budget $16,496.81 Barry A Berezowsky, Executive Director Ron Bradshaw, President 121 E Railroad Ave P 0 Box 582 Port Angeles, WA 98362 August 13, 1996 Mr Scott Kenyan City of Port Angeles P 0 Box 1150 321 E Fifth St Port Angeles, WA 98362 Dear Mr. Kenyan. The Port Angeles Downtown Association (PADA) has been working towards refining its accounting and financial reporting procedures. To this end the PADA asked McClain, Crouse Co to look at how we currently operate and make recommendations to help us do a better job. I have included a copy of their report with this letter In regards to the recommendations contained in the report the PADA Board of Directors requests the City of Port Angeles to provide the following First, we request the City provide the PADA with a complete list of all businesses currently operating in the PBIA and denoting which are current in their assessment and which are not. We would like to know which businesses have "outstanding" balances in regards to the PBIA assessment Second, we request the City pass through any and all funds collected either through the PBIA assessment or through the sale of parking stickers on a monthly basis, regardless of the balance Third, we ask the City to provide the PADA with a quarterly report summarizing the amount of money collected through the PBIA assessment and the sale of parking stickers (these two revenue sources should be identified separately) and the outstanding balance of the PBIA. In the coming weeks we will be contacting you to arrange for a time to meet and discuss how the PADA and the City can work together to manage the PBIA and the downtown parking lots as effectively and efficiently as possible We thank you in advance for your cooperation and look forward to agreeing on a process that works for both the PADA and the City of Port Angeles Respectfully, Ron Bradshaw, President Port Angeles Downtown cc. PADA Files Tim Smith, City of Port Angeles Beck Upton, City of Port Angeles Jeff Pomeranz, City of Port Angeles KENYA.*: WP 8/14/96 Port Angeles Downtown Association Phone/Fax (360) 457-9614 5. 7