HomeMy WebLinkAbout000250 Original Contract2011 AGREEMENT
BETWEEN CITY OF PORT ANGELES AND CLALLAM TRANSIT SYSTEM
RELATING TO THE GATEWAY PROJECT
OP.tyr
This Agreement "this 2011 Agreement is made this o day of 1', 2011 by and
between the City of Port Angeles, a Washington municipal corporation "City as Lessee, and
Clallam Transit System, a Washington municipal corporation "CTS as Owner /Lessor,
collectively known as "the Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the Parties recite, covenant, and agree as follows:
1. Prior Agreements. The Parties entered into an Interlocal Agreement, recorded by the
Clallam County Auditor on September 16, 2005 "the Interlocal Agreement to jointly construct
the Port Angeles International Gateway multi -modal transportation center "the Project" or "the
Gateway The Parties entered into a First Amendment to Gateway Project Interlocal Agreement
on August 21, 2006, and entered into the Second Amendment to Gateway Project Interlocal
Agreement on June 5, 2008. The Interlocal Agreement together with the amendments collectively
may be referred to as "the Amended Interlocal Agreement." The purpose of the Amended Interlocal
Agreement was to provide for the financing, design, and construction of the Project. This 2011
Agreement supersedes the Amended Interlocal Agreement. The Amended Interlocal Agreement is
hereby terminated.
2. Acknowledgment that Construction is Complete. Construction of the Gateway now
has been completed. The purpose of this Agreement is to establish the process by which the parties
will pursue the third -party claims remaining as a result of construction of the Gateway; resolve any
issues and claims between the Parties; and provide for the post construction ownership, occupancy,
operation, and management of the Gateway.
3. Final Payments between the Parties. CTS has received $550,000.00 from the Federal
Transit Administration (FTA). The Parties expect that payment to be the final grant amount they
will receive from FTA on account of the Gateway. The Parties agree that the $550,000.00 shall be
distributed as follows:
To CTS:
To the City
City of Port Angeles
Record #000250
$220,709.00
$329,291.00
CTS shall distribute to the City its portion of the $550,000.00 immediately.
4. Third -Party Claims. At the date this 2011 Agreement is made, the Parties hold two
unresolved claims against third parties that accrued during construction of the Gateway. Those
claims are against Krei Architecture and Douglas and Ann Wood.
The Parties agree that the City shall prosecute these third -party claims. Both the City and
CTS will be named claimants, but the City will have the exclusive right to prepare, direct, and settle.
or resolve the claims. CTS hereby assigns to the City its rights and interests in those claims. All
proceeds from prosecution of the claims shall belong solely to the City, and the CTS shall have no
right t� or claim against any such proceeds.
Up to the, date this 2011 was executed, CTS, its staff, and its attorney were handling the
claims against the third parties. As a result of that, the Parties recognize that, from time to time, in
prosecuting the claims the City may request assistance from CTS, its staff, and its attorney. CTS
agrees to make its staff and attorney reasonably available to assist the City in prosecuting the third
party claims as and when requested and without charge to the City;
5. Issues and Claims between the Parties. The Parties acknowledge that the Gateway, as
actually constructed and operated is substantially different from the construction and operation as
contemplated in the Interlocal Agreement. Additionally, the Amended Interlocal Agreement is
founded upon the expectation that the Gateway would be fully funded by grants and require only a
local match to the grants. However, as the construction progressed, grants were not available in
sufficient amounts to fund the Project as expected. As a result of these. fact`s, the Parties recognize
that, based on the terms and provisions of the Amended Interlocal Agreement, each could assert
claims against the other. Even though claims might be asserted, the Parties agree that both were at
all times acting in good faith, and neither should be liable for changes in circumstances that could
not have been, foreseen.
Therefore;. the Parties agree that neither party is or shall be liable to the other on account of
any payments, expenditures, actions or failure to act related to or in connection with the Gateway or
arising out of or related to the Amended Interlocal Agreement. The distribution of funds set out in
Section 3 above was negotiated between the Parties in light of the other terms, conditions and
obligations set forth in this 2011 Agreement, and in that context, the distribution, is fair and
equitable. The Parties intend this distribution of funds to be the final settlement, compromise, and
satisfaction of all accounts and financial obligations between themselves. After the distribution of
funds as set forth above, neither Party shall have any further payment or reimbursement obligation to,
the other. Each party hereby waives, relinquishes, and releases any and all claims it might have
against the other` on account of or arising from the' construction and financing of the Gateway.
The City Council of the City hereby declares that all payments, expenditures, and actions by
the City in connection with construction of the Gateway are a pproved, ratified, and authorized, and
the City has no claim against CTS on account of the same.
The Board of the CTS hereby declares that all payments, expenditures, and actions by the
CTS in connection with construction of the Gateway are approved, ratified, and authorized, and the
CTS has no claim against City on account of the same.
6. Post Construction Ownership, Occupancy, and Management of the Gateway:
A. Property Divisions. The Gateway property is described on the Exhibit A attached
hereto and incorporated by this reference, and is referred to as "the Real Property." The parties
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intend that, for the term of this Agreement, CTS shall own all the Real Property, but the City shall
lease and manage a portion of the Real Property. CTS shall manage all of the Real Property that is
not leased to the City. In general, the City Property includes the plaza, the police quarters, public
restrooms, the clock tower, the pavilion cover, and the storage space below the pavilion cover. All
other property is CTS Property.
Attached hereto and incorporated herein by this reference is Exhibit B, which contains a
depiction showing the area containing improvements leased to the City, which hereafter may be
referred to as "the City property." All the remainder of the Real Property is property retained by
CTS, which hereafter may be referred to as "the CTS property."
B. Lease. Subject to the terms and conditions set forth in this 2011 Agreement, CTS
hereby leases, lets, and demises to CITY, and CITY hereby leases from CTS, all the improvements
described as City Property. CTS hereby assigns to the CITY all rights, agreements, interest, and
benefits relating to, arising from, or attached to the City Property. The CITY shall have the
exclusive right to manage and administer the City Property and all related rights, interests,
agreements and benefits.
CTS retains all rights and obligations in and to the CTS Property.
C. Rent. The CITY shall owe no monetary rental to CTS.
D. Utility Responsibility and Easement.
The City shall be responsible for the repair and maintenance of all utility distribution lines on
the Real Property. The City shall be responsible for the repair and maintenance of all utility lines
and facilities on the Real Property that are downstream from a City distribution line and serve City
Property per City past practices.
The CTS shall be responsible for the repair and maintenance of all utility lines and facilities
on the Real Property that are downstream from a City distribution line and serve CTS Property.
Until title is transferred as provided in paragraph E below, the parties agree that responsibility for
payment of utility charges shall be divided and paid as designated on the attached Exhibit C. After
title is transferred, CTS shall be responsible for utility charges for utility services provided to the
property then leased to CTS, and the City shall be responsible for charges for all other utility
services provided to the Real Property.
CTS hereby grants to CITY a permanent, non exclusive easement over, under, and across the
Real Property to install, maintain, repair and replace, as needed in the discretion of the CITY, public
utility main lines, and related services, and connections. The CITY shall have the exclusive right to
manage and administer such lines, services, and connections.
E. Conveyance at Expiry' or Termination. Within two weeks after the expiry or other
termination of this Agreement, CTS shall deliver to the CITY a statutory warranty deed conveying to
the CITY fee title to all the Real Property free and clear of liens and encumbrances, without cost to
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the CITY. Thereafter, the City shall be responsible for the management of the Real Property, except
the property then leased back to CTS.
After the Real Property is conveyed to it, the City shall lease to CTS the following:
the transit lanes and contiguous walkways,
transit amenities and buildings,
transit office space, and
all improvements on and relating to the lanes and walkways, amenities and buildings,
and office space.
For this lease, CTS shall not pay a monetary rental to the City, but CTS shall be fully
responsible for the repairs, upkeep, maintenance and utility charges for the property and
improvements included in the lease. The lease shall continue for so long as CTS uses the transit
lanes, the transit building, and the improvements thereon for transit purposes. Attached hereto and
incorporated herein by this reference is Exhibit D, which contains a depiction showing the area that
will be leased to CTS.
F. Revenues.
i. Any revenues derived from property in the possession and control of CTS
shall belong to CTS.
ii. Any revenues derived from property in the possession and control of the City
shall belong to CITY.
iii. Each party acknowledges the FTA regulations relating to revenues from the
Real Property.
G. Use of the Real Property. The CITY, in its discretion, shall determine the uses and
management of the property in its possession and control. CTS, in its discretion, shall determine the
uses and management of the property in its possession and control.
H. No Warranties; Inspection. The Parties make no representation or warranty to the
other concerning the condition of the Real Property. The Parties know the current condition of the
Real Property. The Parties understand that part of the site is in a Flood Zone designated by FEMA's
Flood Insurance Rate Map, and is subject to regulation under the City's Flood Damage Prevention
ordinances.
I. Maintenance and Repair. Each Party covenants that it shall, at its sole cost and
expense, perform maintenance and repair as needed to keep in good order, condition, and repair the
property in its possession and control. All such maintenance and repairs shall be made with as little
hindrance as possible to the ongoing operation of the Gateway.
To be specific with regard to particular elements of the Project, and to elaborate on
the intent stated in the preceding paragraph, the parties agree that before title is transferred to the
City as provided in paragraph E above:
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The offices located within the Project: City is responsible for painting, furniture, floor
covering within the police office; and CTS is responsible for everything else,
including the structural, HVAC, electrical, plumbing and cleaning for all offices.
The restrooms located within the Project: City is responsible for painting, fixtures,
lighting, entry doors, gate, exhaust fan, and cleaning; and CTS is responsible for
structural, HVAC, electrical, and plumbing to fixtures.
The pavilion plaza located within the Project: City is responsible for painting, bird
control, electrical and plumbing downstream from meters, and cleaning; and CTS is
responsible for structural, elevator, and ramp to the pavilion plaza.
The clock tower located within the Project: City is responsible for electrical and
mechanical systems downstream from meters, painting, and bird control; and CTS is
responsible for structural, and exhaust system.
CTS shall be fully responsible for all other improvements, equipment, fixtures, and
components of the Real Property
After title is transferred to the City as provided in paragraph E above:
CTS is responsible for all maintenance, repair, and upkeep of:
the transit lanes and contiguous walkways,
transit amenities and buildings,
transit office space, and
all improvements on and relating to the lanes and walkways, amenities and buildings,
and office space, including painting, furniture, floor covering, structural, HVAC,
electrical, plumbing and cleaning for all property in its possession and control.
The City is responsible for all maintenance, repair, and upkeep of the remainder of
the Real Property.
The Parties agree to employ every available and feasible means to maintain the functions and
aesthetic appearance of the Project in accordance with its functions and appearance on the date of
final acceptable of the Project and in compliance with the applicable laws, codes and regulations.
J. Damage or Destruction. Before title is transferred as provided in paragraph E above,
if the Project is damaged or destroyed from any cause or event covered by property insurance, and if
there are adequate insurance proceeds, then CTS shall promptly and diligently restore the Project to
substantially the same condition as existed before the damage, except for modification required by
building codes and other laws. If the insurance proceeds are not adequate to fully restore the Project
to substantially the same condition, CTS shall so notify the City, and the Parties then shall confer to
determine what action to take.
After title is transferred as provided in paragraph E above, if the Project is damaged or
destroyed from any cause or event covered by property insurance, and if there are adequate
insurance proceeds, then the City shall promptly and diligently restore the Project to substantially the
same condition as existed before the damage, except for modification required by building codes and
other laws. If the insurance proceeds are not adequate to fully restore the Project to substantially the
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same condition, the City shall so notify CTS, and the Parties then shall confer to determine what
action to take.
7. Indemnification /Hold Harmless.
A. CITY shall protect, defend, indemnify and hold CTS harmless from and
against any and all claims, actions, and proceedings, and against any and all costs, attorneys' fees,
expenses and liability incurred in connection with such claim, action or proceeding, arising from any
breach or default in the performance of any obligation on CITY's part to be performed under the
terms of this 2011 Agreement, or arising from any negligence of CITY, or the negligence of any of
its agent, contractors and employees. The City, upon notice from CTS, shall defend the same at
CITY's expenses by counsel reasonably satisfactory to CTS. This indemnity is for the sole benefit
of CTS and shall not inure to the benefit of any third party.
B. CTS shall protect, defend, indemnify and hold the City harmless from and
against any and all claims, actions, and proceedings, and against any and all costs, attorneys' fees,
expenses and liability incurred in connection with such claim, action or proceeding, arising from any
breach or default in the performance of any obligation on CTS's part to be performed under the
terms of this 2011 Agreement, or arising from any negligence of CTS, or the negligence of any of its
agent, contractors and employees. The CTS, upon notice from City, shall defend the same at CTS's
expenses by counsel reasonably satisfactory to City. This indemnity is for the sole benefit of City
and shall not inure to the benefit of any third party.
8. Insurance.
A. For so long as it owns the Real Property, CTS shall provide property
insurance coverage, for full replacement value, for all of the Real Property. After the Real Property
is conveyed to it, the City shall provide property insurance coverage, for full replacement value, for
all of the Real Property.
B. Each party shall provide and maintain for the duration of this 2011 Agreement
liability insurance, or proof of membership in a self insurance pool, to cover its own activities with
insuring coverage of at least $1 Million.
C. Where the parties are jointly negligent or at fault in regard to a claim, each
shall be liable for its proportionate share of fault.
9. Subroeation Waiver. Each Party hereby waives all rights of recovery against the
other for any loss or damage covered by their respective first party insuring agreements for all perils
insured thereunder. In the event of any insured loss, neither party's insurance carrier shall have a
subrogation claim against the other party; provided, however, that this waiver of subrogation shall
not apply if the effect is to void such insurance coverage.
10. Notices. Any notice or document required or permitted to be delivered hereunder
from one party to the other shall be in writing and shall be deemed given when personally delivered,
or three (3) days after being deposited in the United States mail to the other party's address as set
forth below or such other address or facsimile number as shall have been last designated by notice in
writing from one party to the other. The address to which any notice, demand or other writing may
be given, made or sent to either party may be changed by written notice given by such party as above
provided.
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If to the City:
If to Clallam Transit:
City of Port Angeles
Attn: Real Property Manager
321 East Fifth Street
P.O. Box 1150
Port Angeles, WA 98362
Clallam Transit
Attn: General Manager
830 W. Lauridsen Blvd.
Port Angeles, WA 98362
11. Sunersedine Effect. This 2011 Agreement shall supercede and control over any
inconsistent, incompatible, or conflicting clause, term or provision of the Amended Interlocal
Agreement.
12. Effective Date. This 2011 Agreement shall be effective as of the first business day
following final completion and acceptance of the project.
13. Term. The Term of this Agreement shall be the minimum period that the Real
Property must be owned by CTS as required by Federal Transit Administration (FTA).
The Parties intend for this 2011 Agreement to have the shortest term possible.
Therefore, unless otherwise terminated, the term of this 2011 Agreement shall expire on the day
after CTS is not mandated by FTA regulations to hold record title to the Real Property.
14. Annual Review. The of CTS and the of the
City shall meet at least once each year, in June. They shall review the status of the Project, the
performance of the obligations of Section 5 of this 2011 Agreement, and the applicable FTA
requirements to determine whether it is mandatory that CTS continue to hold record title to the Real
Property.
15. Miscellaneous Provisions.
A. Entire Agreement. The provisions of this Agreement and any exhibits and
attachments hereto constitute the entire agreement between CTS and the CITY. This Agreement
supersedes any prior or contemporaneous oral or other agreement between CTS and the CITY
regarding the subject matter of this Agreement.
B. Covenants and Conditions. The parties hereto agree that all provisions hereof
are to be construed as both covenants and conditions as though the words importing such covenants
and conditions were used in each separate section hereof.
C. Authority to Execute. Each individual executing this Agreement on behalf of
CTS or the CITY represents and warrants that such person is duly authorized to execute and deliver
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this Agreement on behalf of such entity, and that this Agreement shall be binding upon said entity in
accordance with its terms. As of the date of execution and delivery of this Agreement, each of the
Parties makes the following representations for the benefit of and reliance by the other Party: (1) by
proper corporate action, it has duly authorized the execution and delivery of this Agreement and the
performance of its respective obligations hereunder; (2) it has full power and authority to execute
and deliver this Agreement and perform its respective obligations hereunder; (3) this Agreement has
been duly executed and delivered by it.
D. Relationship of the Parties. Each Party hereto shall be deemed an independent
contractor for purposes of this Agreement. Each Party possess substantial taxing, eminent domain
and police powers so that Parties are not considered part of the same "controlled group" as defined
in 26 CFR §1.150-1(e). No representative, agent, employee or contractor of one Party shall be
deemed to be an employee, agent, or contractor of the other Party for any purpose, except to the
extent specifically provided herein. Each party represents and warrants that, except for the
representations expressly stated herein, it has not relied upon any acts, omissions, representations or
statements of, or information provided by, the other Party.
E. Successors. The benefits conferred by this Agreement, and the obligations
assumed hereunder, shall inure to the benefit of and bind the successors of the Parties. The rights
and obligations of each Party under this Agreement may not be assigned in whole or in part without
the prior written consent of the other Party.
F. Time is of the Essence. Time is of the essence of each and every provision
and covenant of this Agreement.
G. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of Washington. The venue for any litigation relating to
interpretation or enforcement of this Agreement shall be Clallam County, Washington.
H. Amendments. This Agreement (including the exhibits hereto) may only be
amended by means of a writing signed by an authorized representative of each of the Parties hereto.
No amendment to any provision of this Agreement shall be implied from any course of performance,
any acquiescence by any Party, any failure of any Party to object to the other Party's performance or
failure to perform, or any failure or delay by either Party to enforce its rights hereunder.
I. Interpretation of Agreement. This Agreement shall not be construed for or
against any Party by reason of the authorship or alleged authorship of any provision. The paragraph
headings contained in this Agreement are for ease of reference only and shall not be used in
constructing or interpreting this Agreement.
J. Survivability. All provisions concerning indemnity survive the termination of
this Agreement for any cause.
K. Waivers. No waiver by either Party of any provision of this Agreement shall
be of any force or effect unless in writing. Except as otherwise provided herein, no waiver made by
a Party with respect to the performance, or manner or time thereof, or obligation of the other Party or
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any condition inuring to its benefit under this Agreement shall be considered a waiver of any other
rights of the Party making the waiver or a waiver by the other Party not joining in such waiver, and
no such waiver shall be construed to be a continuing waiver.
L. Non Exclusive Remedies. Except as otherwise expressly provided herein, the
rights and remedies expressly afforded under the provisions of this Agreement shall not be deemed
exclusive, and shall be in addition to and cumulative with any and all rights and remedies otherwise
available at law or in equity. The exercise by either Party of any one or more of such remedies shall
not preclude the exercise by it, at the same or different times, of any other remedies for the same
default or breach, or for any other default or breach, by the other Party.
M. No Third Party Beneficiaries. The Parties intend that the rights, obligations
and covenants in this Agreement shall be exclusively enforceable by the Parties. There are no third
party beneficiaries to this Agreement, either express or implied.
N. Dispute Resolution:
i Policy. The Parties hope there will be no disputes arising from this
2011 Agreement. If a dispute arises, the Parties shall first try to negotiate a fair and prompt
resolution through an internal process. If they are unsuccessful, the dispute may be resolved by
binding arbitration is both Parties agree to arbitration. Any arbitration shall be conducted in
accordance with the provisions of the Washington Arbitration Statute, Chapter 7.04 RCW. If either
party does not agree to arbitration, then each party may pursue any available legal remedies its may
elect.
ii. Internal Dispute Resolution Process. Each Party agrees that if a
dispute arises it will promptly notify the other Party. The Parties shall attempt in good faith to
resolve the dispute by consultation. If either Party so requests at any time within thirty (30) days of
the submission of the dispute to arbitration, the Parties shall try to resolve it by non binding third
party intervention, including mediation, evaluation or both, but without delaying the arbitration
hearing date.
iii. Binding Arbitration. If those efforts are unsuccessful in resolving any
such dispute, the parties may engage in any other means available to resolve the dispute. In addition,
either party may propose the dispute be arbitrated. If the other party agrees to arbitration, the dispute
shall be resolved by submitting the same to binding arbitration. Within ten (10) days of the demand
for arbitration, the City shall select one (1) nominating person, and CTS shall select one (1)
nominating person. The two (2) nominating persons shall then meet and promptly select the
arbitrator who shall be an experienced and impartial arbitrator. If the nominating persons, within
thirty (30) days of the first notice, do not select a person who agrees to serve as arbitrator, the
arbitrator shall be selected by a Superior Court Judge of Clallam County.
The arbitrators and the Parties shall do what is reasonably necessary to
conduct the arbitration hearing within forty -five (45) days of the date the arbitrator is selected, and
the arbitrator shall make every effort to limit the hearing to two (2) days and to render his/her
opinion within fourteen (14) days after the hearing. The Parties have specified these time limits to
expedite the proceeding, but they are riot jurisdictional, and the arbitrator may for good cause afford
or permit reasonable extensions or delays, which shall not affect the validity of the award.
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The arbitrator shall have no authority to add to, subtract from, or otherwise
change or modify the provisions of this 2011 Agreement.
The arbitrator shall render his/her decision in writing. The decision shall
contain a brief statement of the claim(s) determined and the award made on each claim. In making
the decision and award, the arbitrator shall apply applicable law. Absent fraud, collusion or willful
misconduct by the arbitrator, the award shall be final, and judgment may be entered in any court
having jurisdiction.
The arbitrator may award injunctive relief or any other remedy available from
a judge, including the joinder of Parties. If a court, applying applicable substantive state law, would
be authorized to award punitive or exemplary damages, the arbitrator(s) shall have the same power,
but the arbitrator(s) otherwise shall not award punitive or exemplary damages.
Representation by Counsel. All Parties shall have the right to representation
by legal counsel at any state of the proceedings.
iv. Statutes of Limitation. Nothing in this Dispute Resolution provisions
is intended to alter or make inapplicable the statutes of limitation that would otherwise apply.
CITY OF PORT ANGELES (City)
Approved as to form:
William E. Bloor, City Attorney
Attest:
di/A
Ja irlsa Hurd, City Clerk
CLALLAM TRANSIT SYSTEM CTS)
By:
Approved as to form:
Craig L. ifler, Attorney
tes
4.1 ec
Mary E. Boil-, CMC, Clerk to the Board
G \LEGAL \a AGREEMENTS &CONTRACTS1201 I Agrmts &Contracts \Gateway Lease and Management Agrmt 11 17 11 final docx
VOANG
THAT PORTION OF LOT.1 AND LOT 2, BLOCK 1, TIDELANDS EAST OF
LAUREL STREET, CLALLAM COUNTY, WASHINGTON, AS SHOWN ON THE
SUPPLEMENTAL MAP OF PORT ANGELES TIDELANDS FILED IN THE
OFFICE OF THE BOARD OF STATE LAND COMMISSIONERS ON MARCH 8,
1894,DESCRIBED AS FOLLOWS:
THE SOUTHERLY 126.00 FEET OF LOT 1.
EXCEPT THE SOUTHERLY 10.00 FEET.THEREOF CONVEYED TO THE CITY
OF PORT ANGELES BY DEED RECORDED NOVEMBER 16, 1940, UNDER
AUDITOR'S FILE No. 192138.
TOGETHER WITH THE SOUTHERLY 126.00 FEET OF LOT 2.
EXCEPT THE WEST 40.00 FEET THEREOF.
ALSO EXCEPT THE SOUTHERLY 10.00 FEET THEREOF.
HECKMAN
THE NORTH 210 FEET OF THE WEST HALF OF LOT 4 AND THE EAST
HALF OF LOT 5 EXCEPT THE NORTH 175 FEET AND THE SOUTH 10
FEET, BLOCK 1, TIDELANDS EAST OF LAUREL STREET, TOWNSITE OF
PORT ANGELES, CLALLAM COUNTY,WASHINGTON.
ELLIOTT
•
LOT 2 OF SHORT PLAT No. 86-1-1 RECORDED ON MARCH 12, 1986, IN
VOLUME 16 OF SHORT PLATS, PAGE 30, UNDER AUDITOR'S FILE No.
575686, BEING A PORTION OF THE EAST HALF OF LOT 3 IN BLOCK 1 OF
TIDELANDS EAST OF LAUREL, RECORDS OF CLALLAM COUNTY,
WASHINGTON.
EXHIBIT A -1
E5 LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTS OF CL ALAN,
STATE OF WASHINGTON, AND DESCRIBED AS FOLLOWS :
PARCEL A: •
EAST HALF OF LOT 6 AND THE WEST HALF OF LOT 5 IN BLOCK 1 OF
TIDELANDS EAST OF LAUREL STREET.
•
PARCEL B :
111E SOUTH 10 FEET OF THE EAST HALF OF LOT 5, BLOCK 1, TIDELANDS
EAST OF LAUREL STREET, AS •SHOWN ON SUPPLEMENTAL MAP OF PORT
ANGELES TIDELANDS FILED IN THE OFFICE OF THE COMMISSIONrH OF
PUBLIC LANDS, AT OLYMPIA, WASHINGTON. •
PARCEL C :
THE NORTH 175 FEET OF THE EAST HALF OF LOT 5 , BLOCK 1,
TIDELANDS EAST OF LAUREL STREET, AS SHOWN ON SUPPLEMENTAL NAP
OF PORT ANGELES TIDELANDS FILED TN THE OFFICE OF THE
COMMISSIONER OF PUBLIC LANDS, AT OLYMPIA, WASHINGTON.
EXCEPT THE SOUTH 10 FEET THEREOF CONVEYED TO THE CITY OF PORT
ANGELES BY INSTRUMENT RECORDED UNDER AUDITOR' S FILE NO . 193311 .
PARCEL D : , r FRONT OF
TEE WEST FORTY FEET OF LOT 2 , BLOCK 1, TIDELANDS IN
PORT ANGELES, EAST OF LAUREL STREET.
•
PARCEL E :
THE WEST BALE OF LOT. 3 AND THE EAST HALF OF LOT 4, BLOCK 1 ,
TIDELANDS EAST OF LAUREL STREET.
PARCEL F :•
•
THE SOUTH 80 FEET OF THE WESTERLY HALF OF LOT 4 IN BLOCK 1 OF
TIDELANDS EAST OF LAUREL STREET, AS SHOWN ON SUPPLEMENTAL NAP
OF PORT ANGELES TIDELANDS FILED IN THE OFFICE OF THE
COMMISSIONER—OF PUBLIC LANDS, AT OLYMPIA, WASHINGTON.
EXCEPT THE SOUTH 10 FEET FOR FRONT STREET .
SITUATE IN CLALLA'4 COUNTY, , STATE OF WASHINGTON.
•
Exhibit A-2
•
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EXHIBIT C
Electrical
Primary power into the Gateway facility is routed underground south from Railroad St.,
parallel and adjacent to the west side of Harbortown Mall, to a pad mounted transformer in
the lower parking area of the Gateway facility. Underground 120/208 volt, three-phase
secondary goes from the transformer to the service meters located at the southwest corner of
the lower parking garage. There are three electric meters at this location.
One meter is billed to the City of Port Angeles Parks and Recreation. It supplies power and
lighting in the Pavilion.
Two meters are billed to Clallam Transit. One meter supplies power to the Transit Building,
including the Breakroom, Police Office, and Restrooms. The other meter supplies power to
the elevator, site lighting, and both parking garages for lighting and ventilation.
Water
There are four water meters. One on Lincoln Street and another on Front Street are for
landscaping. These are billed to the City Parks and Recreation.
The other two water meters are billed to Clallam Transit. One is located in the bus driving lane
and supplied the Transit Building and restrooms. The other meter is on Front Street for fire
sprinklers and hose bibs in the west parking garage.
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