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
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Exhibit "A" t
Agreemen
Right of Entry Terminal
Bremerton Fer~
iC# 9-18-00021