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HomeMy WebLinkAbout4548 Contract Number: 4548 Vendor: TRANSPORTATION - DEPT OF (WA STATE) Subject: Ferry Terminal - Right of Entry Department: Engineering File Class: LEG 12-1 Begin Date: 02/13/2006 End Date: Review Date: 06/15/2010 Vault Date: Comments: IC #9-18-00021 Review date for tracking only RETURN TO: ATTN: REAL ESTATE SERVICES DEPARTMENT OF TRANSPORTATION P.O. BOX 47338 OLYMPIA, W A 98504-7338 RIGHT OF ENTRY AGREEMENT Kitsap County Sundry Site Plan, Bremerton Ferry Terminal This Right of Entry Agreement (" Agreement") is made effective this /3::t:.J J day of \. P;J)..I,..l~' 2006, between the WASHINGTON STATE DEPARTMENT OF TRANSPORT TION, Grantor and the CITY OF BREMERTON, a mUnIcIpal corporatIOn, Grantee. · RECITALS Grantor owns certain real property ("property") shown hachured on Exhibit A, attached hereto and by this reference incorporated herein. Grantee requests the right to access said property for the purpose of constructing, operating and maintaining, enhancements to the existing stormwater facility. Grantor is willing to grant to the Grantee access to the property upon the terms and conditions of this Agreement. Page 1 of 5 Pages IC# 9-18-00021 AGREEMENT 1. Access. Grantor grants to Grantee a non-exclusive right of reasonable access to the property for constructing, operating and maintaining th~ existing stormwater facility, and to provide enhancements to that facility by reconstructing the stormwater facility outfall area, designated as area "BOO on Exhibit A attached, and constructing an addition to said facility designated as area "COO on attached Exhibit A. Grantee shall deliver to Grantor copies of all construction plans, and upon completion of construction all as- built plans related to the stormwater facility. Grantee will not permit any other party, except Grantee's duly authorized representatives, employees, agents and independent contractors to enter or use the property. 2. Hold Harmless/Indemnification. The Grantee, its successors and assigns, will protect, save, and hold harmless the Grantor, its authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the Grantee, its assigns, subtenants, agents, contractors, licensees, invitees, employees, or any person whomsoever, arising out of or in connection with any acts or activities related to this right of entry, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the property. The Grantee further agrees to defend the Grantor, its agents or employees, in any litigation, including payment of any costs or attorney's fees, for any claims or actions commenced, arising out of, or in connection with acts or activities related to this right of entry, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the property. This obligation shall not include such claims, actions, costs, damages, or expenses which may be caused by the sole negligence of the Grantor or its authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Grantor, its agents or employees and (b) the. Grantee, its assigns, subtenants, agents, contractors, licensees, invitees, employees, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee or its assigns, subtenants, agents, contractors, licensees, invitees, employees. 2. Governing Law/Captions. The validity, meaning, and effect of this Agreement shall be determined III accordance with the laws of the State of Washington. Page 2 of 5 Pages IC# 9-18-00021 3. No Third Party Rights/Assignment. Nothing in this Agreement, expressed or implied, is intended to confer any rights or remedies upon any person, other than the parties and their respective employees and representatives. f Date: '? - /3 \- /?)b STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION BY:~~ / Ge ld L. Gallinger Director, Real Estate Services Date: d-t / c9-80b , Page 3 of 5 Pages IC# 9-18-00021 ACKNOWLEDGEMENT ST A TE OF WASHINGTON) ): ss County of Thurston ) I, the undersigned, a Notary Public in and for the State of Washington, do hereby certify that on this / ~r day of , 20 ob , before me personally appeared Gerald L. Gallinger to me known to be t e duly appointed Director, Real Estate Services, for the State of Washington, and that he executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said State of Washington, for the uses and purposes therein set forth, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary (prin name) Notary Public in and for teState of Washington, residing at Olympia My Appointment Expires ?;{ ~ "O/p Page 4 of 5 Pages IC# 9-18-00021 ACKNOWLEDGEMENT STATE OF WASHINGTON) ): ss County O~h V ) ) I, the undersigned, a Notary Public in and for the State of Washington, do hereby certify that on this /~) day of ~.bA .n. ~ ' 20.&-, before me personally appeared Ctv. J.L ~~./'I"l) to me known to be the duly appointed ~ ' for th[ City of Bremerton, and that he executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City of Bremerton, for the uses and purposes therein set forth, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ ~~ Notary (print na e)(1~e.Y~/ L 1I~1)fit; Notary Public in and for the State of Was ngton, residI g at OlympIa My Appointment Expires s=- J 5". O/p Page 5 of 5 Pages IC# 9-18-00021 1- ./" ~ ./ oj. ../" " ''', u 0 D . Inc Parametnx, . I ~ 1St ::, TI I 'j;. I- 10 ,/ \ ~ - "B" J Area Exhibit "A" t Agreemen Right of Entry Terminal Bremerton Fer~ iC# 9-18-00021