HomeMy WebLinkAbout1132 ORDINANCE NO. 1132
AN ORDINANCE leasing and letting unto Bremerton Baseball Club, Inc., a
corporation, Tracts 4, 5, 6, and 7, in Block 6, and Tracts 1, 2, 9 and 1~, in
Block 5, all in Warren Smith's Acre Tracts, and the vacated portion of Seventeenth
Street and Broadway Avenue in the City of Bremerton, Kitsap County, Washington,
from siw (6) o'clock P.M. to daylight the following morning on the days of
scbedule~games and contests in which lessee is interested, for a term of five
years, and as the same may be renewed as in this ordinance provided, and fixing
the terms and conditions of such lease.
BE IT ORDaiNED BY THE CITY COMd~IS$ION OF THE CITY OF BRE~RTON:
Section 1. Whereas, the City of Bremerton is the owner and in possession of
Tracts 4, 5, 6 and 7, in Block 6, and Tracts l, 2, 9 and 10, in Block 5, all in
Warren Smith's Acre Tracts, and the vacated portion of Seventeenth Street and
Broadway Avenue in the City of Bremerton, Kitsap County, Washington, and has
established thereon an athletic park and playf~eld which the City is now in process
of improving, but the City does not have sufficient funds for the purposes of
constructing appliances for lights and flood-lights and installing same for athletic
contests in the evening, and it would be for the best interests of the City of
Bremerton and the citizens thereof to establish and install thereon adequate lights
and flood-li~hts ~ to make it possible to conduct maintain and carry on baseball
games, football games, and other athletic contests in the evenings during the
seasons for such contests. Now, therefore,
The City of Bremerton, hereinafter called the City, hereby leases and lets
unto the Bremerton Baseball Club, Inc., a corporation, hereinafter called the
lessee, the ball park and athletic field located on Tracts 4, 5, 6 and 7, in
Block 6, and Tracts l, 2, 9 and lC, in Block 5, all in Warren Smith's Acre Tracts,
and the vacated portion of Seventeenth Street and Broadway Avenue in the City of ~
Bremerton, Washington, from and after 6 (six) o'clock P.M. and until daylight t~e
following morning on each and every day on which the lessee has a scheduled g~
in the Northwest Baseball League, or any other baseball league in which the said ·
lessee may hereafter obtain a franchise, and also from and after 6 (six) o'clock
P.M. and until the following morning on each day of which the said lessee has a
special exhibition athletic event or baseball game as may be scheduled from time
to time by the lessee, from April 1st to September 15th of each year for a period
of five (5) years from the date of which this ordinance takes effect, under the
conditions and terms as hereinafter set forth. Provided, however, that when a
change in any regular scheduled game by the second party or the staging of any
special events the dates upon which these events may be held shall be regulated
by and with the consent of the City Commission. The lessee to pay for electric
current to operate all flood lights when using same.
Section 2. The lessee, for and in consideration of the rights and privileges
herein granted, hereby covenants and agrees to ~nd with the City to furnish,
construct and install adequate wiring and lights of sufficient wattage and
brilliancy to adequately light such ball field and park for the purpose of carry-
ing on and maintaining ball games of different kinds and athletic contests,
such lighting to be installed upon poles of not less than fifty (50) feet in
height above the ground, well creosoted and set to a sufficient depth to make them
stable, and the same to be completed together with all necessary appliances such
as wiring, transformers, and everything else to light the said field in connection
therewith within a period of ninety (90) days from and after date this ordinance
becomes effective, and to pay for such installation in full and all bills and
accounts and claims incurred thereby within the period of this lease, or within
such renewal period as may be necessary, and as hereinafter provided, and at the
end of said period or renewal period, as the case may be, to turn all such lights,
lighting fixtures, poles, paraphernalia and equipment over to the City, fully paid
for, as its sole and separate property free and clear from any claim of said
corporation, and free of any indebtedness, liens, encumbrances thereon, and in
good workable condition; provided, that in the event the cost of the installation
of such lights and lighting and all necessary poles and appliances together with
the maintenance thereof have not been paid for in full at the end of said five-
year period, then in such event and upon a sufficient and complete accounting by
the lessee of moneys received from the gate receipts and other sources, and
expenditures therefrom, showing a reasonable inability to pay for such lights
during such period, then this lease shall be extended for such additional period
as may be necessary to fully pay for all such lights, installation and maintenance
thereof, not exceeding, however, an additional two-year period,~ at the end of
said renewal period the said lessee shall turn over to the City of Bremerton as
its sole property all said poles, appliances and lighting fixtures,~ free and clear
from all indebtedness, liens and encumbrances thereon, and in good working condition
And it is further understood; and agreed that the said lessee shall have incor-
porated in each contract made by it and entered into by it for any work of any
nautre whatsoever pertaining to this lease that said contract shall contain a
clause wherein the second party to the said contract releases the said City of
Bremerton from any lien or liens or any obligation whatsoever.
Section 3. The City hereby gives and grants unto the said lessee the
sole and exclusive possession of said athletic field and. ball park subject to
concession granted by City from and after 6 (6) o'clock P.M. until daylight the
following morning on all such days as the said lessee shall have a scheduled
game in the Northwest Baseball League or in any other baseball league in which
said lessee may hereafter obtain a franchise, such sched~e to be filed with the
City Clerk at least two (2) weeks prior to the taking place of same,s~d all
regular games of said lessee to be held in the evening shall be filed with the
City Clerk at least two (2) weeks prior to the taking place of same, and on
such evenings so scheduled the lessee shall have the exclusive right to collect
admissions to any such games or athletic contests or events. It is hereby
further agreed that the said lessee shall pay to the City of Bremerton five per
cent (5%) of the gross receipts of all night games when the Federal and State
taxes have been deducted from said gross receipts.
Section 4. The City also hereby gives and grants unto the lessee the right
and privilege of securing such ball park and athletic field during the day time
at such times as may be arranged for with the City Commission or with any agent
appointed by the City for such purpose, in consideration that the lessee pay
to the City ten (10%) per cent of all gate receipts for such games and athletic
events so held in the day time after deducting State and Federal taxes therefor.
And it is further agreed that all concessions of every nature are to be controled
and granted by the City of Bremerton as its exclusive right.
Section 5. The City further covenants and agrees with the lessee that in
the event the City leases or lets said athletic field or park to any other firm,
person, corporation, or organization for any event in the evening for which such
flood lights or any of them are used, the City will collect for the use and
purpose of the lessee and pay over to the lessee the sum of fifty (.50~) cents
for each flood light so used for each of such evenings, provided, that not less
than Ten ($10.00) dollars plus energy shall~be collected for any such flood
lights so used by others, and the City further covenants and agrees that it will
not let or sublet said athletic field to any other person, firm, corporation or
organization for an athletic event or game that would detract from the scheduled
events of lessee, and it is hereby agreed to the second party hereto that all
of the money taken in under the provision of this section shall be paid directly
on the lightiug contract.
Section 6. The lessee hereby covenants and agrees to and with the City for
and in consideration of the rights and privileges herein granted that it will
save the City harmless from any and all liability for damages or otherwise arising
as a result from any such athletic contests, ball games or otherwise carried on
or maintained by such lessee or its assignee, or any other person, individual or
corporation as sublessee thereof during the period of said lease or contract,
and while the same is under the exclusive possession and control of said lessee;
and further covenants and agrees to save the city harmless by reason of any claim
or liability on account of or arising out of the installation, construction,
furnishing, providing or maintenance of such flood lights.
Section 7. The City further covenants and agrees' for and in consideration of
the installation of such flood lights and lighting system by the lessee to save
the lessee harmless, and be responsible for any and all defects in the construction
of any buildings or appliances furnished by the City on such field, and the City
further agrees that it will furnish police protection and police supervision of
traffic, both inside and outside such ball park during any and all such athletic
contests.
Section 8. The City further promises and agrees for and in consideration of
the benefits to be derived herefrom to within ninety ($0) days from the date of
this ordinance becomes effective install auxiliary lights in and underneath the
grandstand, passageways and in fron of the entrance, and will pay for all energy
and current used by such electric lights and lighting.
Section 9. It is hereby further understood and agreed by and between the
parties hereto that the City will have the exclusive right to let such athletic
field and ball park to any civic, fraternal or other organization during any
period when such ball park and athletic field is not used by the lessee herein,
and when flood lights are not needed for any such meetings.
Section 10. It is hereby further understood and agreed by and between the
parties hereto that the covenants and agreements and duties to be performed for
and on behalf of each of the parties hereto is sufficient consideration for the
support of this lease on behalf of both parties.
Ordinance no. 1132 cont.
Section ll. That it is hereby mutually agreed by and between the parties
hereto that the City of Bremerton hereby reserves the option to cancel this
lease at any time the first party may desire by giving the second party thirty
(30) days written notice of such intention to cancel the same and in the ®vent
that this lease is canceled the said first party hereby agrees to assume and
pay all of the obligations of the second party pertaining to the lighting, of the
said athletic field; and it is further agreed that the first party herein will
take out an indemnity bond to secure the parties thereto from damage by reason
of any accident which may occur on the said athletic field immediately before,
during, or immediately after said game played by the said second party and it
is further agreed that the said second party will pay the pro rata amount of said
insurance which shall cover the. game of the said second party as well as other
athletic events; ~prevtded, however, that if the said first party is unable to
secure said insurance or for any reason desires not to take out said insurance
then this clause shall not be binding upon the first party herein.
Section lB. This ordinance shall be in full force and effect thirty
days from and after passage and publication, as provided by law.
PASSED by the City Commission of the City of Bremerton on first reading
on the 24th day of April, 1937, and finally adopted on the second reading on the
first day of Nay, 1937, signed by the Mayor and attested by the City Clerk in
authentication of such passage.
Attest:
/City C~erk