034-11 - Port of Bremerton - ContractMemorandum of Agreement
between the City of Port Orchard and The Port of Bremerton
Concerning the Allocation and Control of Parking on Waterfront Property
City Contract No. 034-11
This Memorandum of Agreement (MOA ) supersedes and replaces the previous agreement between the
Port of Bremerton ("Port")and the City of Port Orchard ("City") (hereafter collectively referred to as "the
parties") dated February 13, 1996 (see Exhibit A).
Background: The Port currently controls 30 parking spaces adjacent to the Port's Port Orchard Marina
Park ("Lot #4"). These parking spaces are located on two property parcels; one parcel is owned by the Port
and the other parcel is leased by the Port from the Washington State Department of Natural Resources
("WADNR"). The Port uses these spaces for Port Orchard Marina tenant parking and Marina Park
parking. The City of Port Orchard ("City") currently controls 32 spaces in two rows directly in front of the
Port's Port Orchard Marina office ("Lot #r") that the Port propose to occupy. These parking spaces (both
merchant/paid parking and 4-hour parking) are located on a property parcel leased by the City from
WADNR. The City also controls 87 spaces (both merchant/paid and paid) on, or partially on, a Port
owned parcel of land on the waterfront accessed off Harrison Avenue (see Exhibit B, which is attached
and incorporated by reference).
Discussion: Over time, the configuration of the waterfront and the impact of community events and
business operations have made it advantageous for the City and the Port to exchange responsibility for the
control of Lots #r and #4. The major impacts driving the need to change are:
• The Port's Lot #4 spaces are sometimes underutilized due to the inconvenient distance of the lot
from the marina gates. As a result, the boaters are more likely to use the 4-hour no -fee City
parking in other lots nearer the marina gates, including Lot # r.
• When the Farmers Market is in operation adjacent to Lot #4, marina tenants using Lot #4 must
drive through parts of the Farmer's Market. This is a safety concern for both the City and the Port.
This also causes marina tenants to underutilize this lot and park in the no -fee City parking.
• When marina tenants use the no -fee City parking it lowers the number of spaces available for
local merchant customers to park.
• Very few customers of local businesses use Lot #r. Most of the spaces in Lot #r are used by
commuters and merchants who would not be adversely impacted by using Lot #4.
• Community events frequently (3 to 5 times a year) require the Port to vacate its Lot #4 spaces and
move marina tenant parking to 32 spaces in Lot #r which have been vacated by the City for the
event. This causes major disruption to the marina tenants who are the customers of the largest
single downtown business in Port Orchard. In addition, this temporary swapping of parking
spaces causes significant confusion amongst the public.
• The City's recent switch to an electronic paid parking system for the spaces accessed off Harrison
Avenue.
• Parking needs associated with the Port's future Marina Park Expansion project.
Agreement: The Port and the City agree that it is in their best interest, and in the best interest of the
public, to modify the current arrangement of parking management effective April 4, 2011 subject to the
following:
L Attached hereto and incorporated by reference is Exhibit C which depicts the proposed
parking as described herein.
2. The City will retain control of the 87 (both merchant/paid and paid) spaces on the Port
property accessed off Harrison Avenue.
3. The Port agrees to vacate all 30 parking spaces in Lot #4 and turn over control of those spaces
to the City. The rl existing waterfront spaces (Lot#4) will be converted into nine (9) 2-hour
Marina Park parking spaces, one (r) ADA stall with ramp and parking enforcement provided
by the City.
4. The City agrees to vacate 32 of its merchant/paid parking spaces in the second and third row
in Lot # r and turn over control of those spaces to the Port.
Port of Bremerton
Contract No. 034-11
Page 2 of 3
5. In consideration for a net gain of one parking space the Port agrees to take over from the City
the grounds keeping responsibilities of the landscaped areas in the City's Lot #2 in front of
the Port Orchard Marina at no cost to the City.
6. The City will maintain and enforce the 11 spaces (to regular plus one ADA stall with ramp)
facing the boardwalk in Lot #4 as 2-hour Marina Park parking to support public access to,
and use of, the Port Orchard Marina Park and the planned waterfront trail.
7. The Port and the City will be responsible for signage and stripe painting revisions for the new
parking spaces each acquired as a result of this agreement.
8. The City and the Port will establish and enforce their own rules for parking for the spaces they
control regardless of which entity owns or leases the property where the parking spaces are
located.
9. The City will have exclusive control of all other parking spaces in the downtown area, except
for those spaces which are on private property and not allocated for City management by the
property owner.
to. Parking enforcement by the City will be limited to those spaces under the exclusive control of
the City. The City Parking Enforcement Person will not enforce Port parking rules. The City
police will have parking enforcement authority in the Port parking areas.
it. Routine cleaning by the City Public Works Department will include both City and Port
parking areas.
12. Closure of either party's parking areas will not be done without express consent of that party.
13. The City and the Port will keep each other informed of their parking regulations for their
allocated areas. However, neither party can negate the parking regulations of the other.
14. The term of this agreement shall be ongoing unless terminated by written agreement or with
18o-day written notification.
15. The failure of any party to insist upon strict performance of any of the terms and conditions of
this Agreement shall not be construed to be a waiver or relinquishment of salve, but the salve
shall be and remain in full force and effect.
16. Nothing contained in this Agreement shall be construed to create a liability or a right of
indemnification by any third party.
17. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall
not be affected thereby if such remainder would then continue to serve the purposes and
objectives of both parties.
18. Each individual executing this Agreement on behalf a party represents and warrants that such
individual is duly authorized to execute and deliver the Agreement.
i9. All notices and other communications to be given by either party may be given in writing to
the appropriate party as follows:
City Clerk
City of Port Orchard
216 Prospect St.
Port Orchard, WA 98366
(360)876-4407
Chief Executive Officer
Port of Bremerton
8850 S.W. State HwY.3
Port Orchard, WA 98367
(360) 674-2381
below:
Port of Bremerton
Contract No. 034-11
Page 3 of 3
IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth
Cary Bo eman, Chief Executive Officer
Port of Bremerton
Dated: Nf V K0A ZZ , lW (`
MEMORANDUM OF UNDERSTANDING
DOWNTOWN PARKING
This Memorandum of Understanding, MOU, is meant to replace
previous arrangements between the Port of Bremerton, hereinafter
referred to as the PORT, and the City of Port Orchard, hereinafter
referred to as the CITY. The MOU will be effective for one year and
then reviewed by both the CITY and PORT. The purpose of the that
annual review will be to draft the joint resolution to formally
adopt the downtown parking arrangements
Effective 1 January 1996, the following parking assignments
are made, as shown by Enclosure 1:
1. The PORT will have exclusive control of the north row of
parking spaces in front of the Harbor Master's office.
2. The PORT will have exclusive control of the 31 spaces in
the vicinity of the Waterfront Park.
3. The CITY will have exclusive control of all other parking
spaces in the downtown area, except for those spaces
which are on private property and not allocated for CITY
management by the property owner.
Parking enforcement by the City will be limited to those spaces
under the exclusive control by the CITY. The CITY Parking
Enforcement Person will not enforce PORT parking rules. The CITY
Police will have parking enforcement authority in the PORT parking
areas.
Routine cleaning by the CITY Public Works will include both
CITY and PORT parking areas.
Closure of either party's parking areas will not be done
without express consent of that party.
The CITY and PORT will keep each informed of their parking
regulations for their allocated areas. However, neither party can
negate the parking regulations of the other.
PORT OF BREM4RTON CIT OFOR4 ORCHARD
Secretary
u 7«..
all
Mar Ann Huntingt
Commissioner
Leslie-J. Weatherill
Mayor
ATTESTED BY:
Patricia Parks
City Clerk
DATE OF DOCUMENT:
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