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Home My WebLink About9304060026 KITSAP COUNTY $i3,00 CHCK FILED-BY: BREMERTON CITY OF APR 6, ~9~3, 9:52 A~ KAREN FLYNN, AUDITOR COOPEI~TIVE P~RKING E~SEI,',ElqT ~GREE~ENT THIS AGREEMENT is made this~ day of ~~ , 1992, between ST. PAUL'S ~TIRE~NT COMITY, a Washington nonprofit co~oration, located in Seattle, Washington (hereinafter referred to as "SPRC"); ST. PAUL'S EPISCOPAL C~RCH, a Washington nonprofit religious organization located in Bremerton, Washington (hereinafter referred to as "St. Paul's"); and the City of Bremerton, a municipal co~oration (hereinafter referred to as "the City"). ~EREAS, St. Paul's is the owner in fee of that certain property situated in Bremerton, Washington (hereinafter referred to as "Premises A") legally described as: (See Exhibit ~3: Specific location of dividing line not yet dete~ined.) ~EREAS, SPRC desires to construct a retirement facility on the southwest portion of Premises A (hereinafter referred to as "Premises B"), and legally described as: (See Exhibit ~3: Specific location of dividing line not yet determined.) ~E~AS, to provide ade~ate parking for the retirement facility (hereinafter called the "St. Paul's Retirement Project") it will be necessary that residents and visitors to the St. Paul's Retirement Project have access to and the right to use available parking stalls on both Premises A and Premises B; and ~EREAS, St. Paul's has secured Supplemental Parking Agreements from Kitsap Eye Physicians and Kitsap Children's Clinic, which Supplemental Parking Agreements are attached hereto as Exhibits "1" and "2", respectively, and are hereby incorporated into this Cooperative Parking Easement Agreement by this reference; and ~EREAS, the City desires that such parking arrangements be focalized in the fo~ of a cooperative parking easement agreement and that any future changes in the arrangements be made only with the C~t~'~ aDD~oval~ Page i o~ 4 NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties covenant and agree for themselves and their heirs, successors and assigns, as follows: 1. Parkina Easement to One Party. SPRC and all of its residents, visitors, guests, invitees and employees at the St. Paul's Retirement Project (collectively referred to in this paragraph and paragraphs 2, 3 and 4 below as "SPRC") shall have the right to use on a "first come, first serve" basis in common with St. Paul's members, visitors, guests, invitees, and employees, all parking areas (which expression as used herein includes entrances, exits, driveways and walks) situated on Premises A. 2. Parking Easement to Other Party. St. Paul's and all of its members, visitors, guests, invitees and employees (collectively referred to in this paragraph and paragraphs 3 and 4 below as "St. Paul's") shall have the right to use on a "first come, first serve" basis, any parking stalls situated on Premises B on Sunday and during special church and holiday events at St. Paul's. The term "parking areas" as used herein shall include entrances, exists, driveways and walks ("additional areas"), and such additional areas shall be used by St. Paul's in common with SPRC. 3. Modifications in Parkina Easements or Land Use. (a) If the parking needs of SPRC or St. Paul's substantially change during the term of this Agreement, those parties agree to negotiate in good faith on modifications to their respective parking easements. In addition, any party seeking a modification shall notify the City , consult with the City on the need for the modification and expected traffic and parking impacts, and obtain the City's approval of any such modification. In the event that there is a modification in the Supplemental Parking Agreements contained in Exhibits "1" or "2", the City shall be immediately notified thereof. Should such modification result in a net loss of available parking spaces, SPRC or St. Paul's shall make all necessary arrangements to secure substitute parking. REEL O710 ER Page 2 of 4 (b) Any party seeking a modification to the land uses approved through the Planned Unit Development process that will affect the demand for parking generated by that party's activities shall first obtain the City's approval for such land use change. SPRC and St. Paul's agree and understand that lack of adequate parking facilities shall constitute adequate grounds for denial of a request for a change in use. 4. Maintenance of Easement Areas. SPRC and St. Paul's shall maintain and keep in good repair the parking areas and rights of way situated on its premises and shall keep such areas and rights of way clear of rubbish and obstructions of every nature. 5. Insurance. SPRC and St. Paul's shall maintain at all times insurance against claims for personal injury or property damage in an amount not less than $ ~ with respect to any one injury, $. 0 with respect to injuries in any one accident and $. 0 with respect to property damage. All such policies shall name both parties as insureds. 6. Term. This Agreement shall commence on the date of the recordation of the same and shall continue indefinitely or until amended or terminated with approval of the City. 7. Covenants Runnin~ with the Land. The easements hereby granted, the restrictions hereby imposed and the agreements herein contained shall be easements, restrictions and covenants running with the land and shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and assigns, including, without limitation, all subsequent owners of Premises A and of Premises B and all persons claiming under them. 8. Notice. Any notice that is required to be given under this Cooperative Parking Easement Agreement shall be in writing, and shall be deemed effective upon delivery or three (3) days after the mailing of the same by certified mail, return receipt requested, and shall be sent to the parties at the following addresses: REEL 07 0 FR Page 3 of 4 St. Paul's Retirement Community The City of Bremerton ~&cF~; ~°~f-i~'~,,,e~7" ~O~e~ 239 Fourth Street ~a~e~ '~ 9~1~9 Bremerton WA 98310 St. Paul's Episcopal Church 700 Callahan Drive Bremerton WA 98310 ~. F. ~: 9384868026 REEL 0710 9. ~eot o~ Aq~eement. ~bi~ tg~eement mball oon~tit~te emti~e ~e~mta~ing bet~ee~ the pa~tie~ ~elating to It~: ST. PAUL ' S EPISCOPAL CHURCH, a Washington nonprofit religious ' ' The CIT~OF BREMER~ON, a corp~ ~ municipal DATE: pc,. /(PI /~-- By: Its: EXCISE TAX EXEMPT APR 6 ~1~ KITSAP COUNTY TREASURER Page 4 of 4 Exhibit 1 Aareemant Re: SuDDlement_a.1 Parkinq between Bt. Pau~Is ~pieoo~l church (t'St. Paul's.} ~nd K~te~p Phy~ic~an~, K~ute M. ~uldJord, M.D., and Robert W. ~ansan, Effective the date of this Agreement, and until written notioe b~ given to the contrary, Klt~ap Eye Physicians authorizes and allows St. Paul's the uIe ~f 30 parking spaces at durin~ the following time periods: (a) Monday through F~lday after 6=00 p.m.; (b) Saturday after 1:00 ~.m.; and (c) All day Sunday. above, St. Paul's agrees to indemnify and hold harmless Kltsap EyI Physicians from any and all claims for bodily injury nu=e , 8 f), ' Rober~ W. Haneen, H.D. Warden REEL_ 10005T31/OIil$gZ/14~4 ................................. TOT,qL P. 01 I'IH~ £~ ~ ~J~:3T BLI IS F'F~llERSUH I,I/ltk_ Exhibit 2 Aareement Res Supplemental Parking This Agreement is entered into this~'day of May, 1992 between St. Paul's Episcopal Church ("St. Paul's") and Kitsap Chtldren,~ Clinic Partnership ("Kitsap Children'sClinic,,). Effective th~ 4ate of %h!~ Agreement~ -~ until w?~t~n notice be given to the contrary, Kitsap Chi~en's Clinic authorizes and allows St. Paul's the use of 18 parking spaces at its property located at 2625 Wheaton Way, Suite A, Bremerton, Washington, all day every Sunday. In consideration of the use of the parking space~ as met forth above, St. Paul's agrees to indemnify and hold harmless Kltsap Children's Clinic from any and all claims for bodily injury arising out of the u~e of the parking spaces by St. Paul's pari~hioners or guests in the course of activitie~ sponsored by St. Paul's during the designated time period. Kitsap Children's Clinic St. Paul's Episcopal Church ~n Reimer, M.D. Rector E Medical Director A.F.#: g3040 002 REEL 07 0 FR 00] , Exhibit 3 J REEL 0710 FR'OOf7 BREMERTON. WASHINGTON A , ¢ , , , , ¢ , u , ', CITY CLERK'S OFFICE MEMORANDUM Date: April 22, 1993 To: Ron Hough, Planning Manager From: e Hender OAS Re: Cooperative Parking Eas~ent ~greement Attached are two recorded copies of the above for St. Paul's Retirement Community. Please send one copy to the Retirement Community and one copy to St. Paul's Episcopal Church. attachments