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Home My WebLink About4714 Contract Number: 4714 Vendor: BREMERTON, PORT OF Subject: Parking - Municipal Parking Garage Department: City Clerk File Class: LEG 12 -1 Begin Date: 04/25/2008 End Date: 10/22/2009 Review Date: 02/15/2011 Vault Date: 01/01/2011 Comments: Termination w /90 day written notice Request for termination received 9/09 - Granted 10/09 - tE'MERTQI> FINANCIAL SERVICES City Clerk I Carol L. Etgen, CMC ��t t , carol .etgencci.bremerton.wa.us ; Ie1r360 - 4�,73 23 .� Fax ° 360 � �473200,�'�� 345 Street euite6Q0 �. e.'8remertori WA 9833 i87 October 8, 2009 Steven G. Slaton, Director Marine Facilities Port of Bremerton 8850 SW State Hwy. 3 Port Orchard, WA 98367 Parking Agreement Early Termination Request — Granted Dear Mr. Slaton: The Port of Bremerton's request to terminate the agreement for 10 parking spaces in the Washington /5 Street garage on October 22 2009 is granted. Please pay a pro -rated amount for the month of October according to the agreement. Sincerely, 411 16K Carol L. Etgen, MMC City Clerk cc: Diamond Parking Judie Carlson, Financial Services Carol L. Etgen, MMC Office of the City Clerk City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 (360) 473 -5323 °BREMERTONr carol.etaen(ci.bremerton.wa.us MEMORANDUM Date: September 25, 2009 To: Mayor McConnell From: Carol Etgen, City Clerk RE: Request for Early Termination of Agreement Mayor McConnell, I've received correspondence from the Port of Bremerton asking to terminate their parking contract immediately, rather than providing the 90 -day notice stipulated in the agreement. The contract brings in $72 per 10 parking spaces, or $720 per month. There will be an expense for the City in staff time to removing the signs dedicating the 10 spaces to the Port of Bremerton. do not feel I have the authority to make the decision; I'd appreciate your direction on the matter. Attachment cc: Roger Lubovich, City Attorney � u : PORT OF w rw� RECEIVE OFFICE OF CITY CLERK DATPOTIMEO___ PORT COMMISSIONERS , ;1RE September 22, 2009 Cheryl Kincer Bill Mahan Larry Stokes GENERAL OFFICES Ms. Carol Etgen, City Clerk 8850 SW State Hwy. 3 Port Orchard, WA 98367 City of Bremerton 345 6 Street BUS: (360) 674 -2381 Bremerton, WA 98337 FAX: (360) 674 -2807 1- 800 - 462 -3793 www.portofbremerton.org BREMERTON Dear Ms. Etgen, NATIONAL AIRPORT (360) 674-2381 The City of Bremerton (City) and the Port of Bremerton (Port) OLYMPIC VIEW BUSINESS currently have a parking agreement in place in which the City licenses to the AND INDUSTRIAL PARK (360) 614 -2381 Port ten parking spaces in the Municipal Parking Garage. Per a telephone conversation earlier today, the Port has informed the City that the Port will no PORT ORCHARD MARINA longer need these spaces as a result of the Port purchasing property adjacent (360) 876-5535 to the Bremerton Marina. BREMERTON MARINA • (360) 373 -1035 The parking agreement allows termination by the Port with 90 days written notice to the City. The Port understands the 90 day notice requirement is necessary to protect the City under certain circumstances. However, it would not have been prudent for the Port to have provided earlier notification due to the nature of real estate transactions. Therefore, the Port requests that the City allow the Port to terminate this agreement with a thirty day notice, vacating the spaces effective October 22, 2009. Thank you for your consideration of this request and for the excellent support and cooperation throughout the development of the Bremerton Marina expansion project. We look forward to continued success as we partner to promote the economic development of the Bremerton waterfront. Sincerely, Z%6 754' Steven G. Slaton Director, Marine Facilities Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4714 BREMERTON, PORT OF Parking - Municipal Parking Garage City Clerk LEG 12-1 04/25/2008 04/24/2013 02/01/2013 Termination w/90 day written notice PARKING AGREEMENT TillS PARKING AGREEMENT is entered into by and between the CITY of BREMERTON, a municipal corporation organized and existing under the laws of the State of Washington, (hereinafter referred to as the "City"), and the PORT OF BREMERTON (hereinafter referred to as the "Licensee"). WITNESSETH: 1. PREMISES: City is the legal owner of the Municipal Parking Garage located at 451 Washington. The City hereby grants to Licensee permits for 10 parking spaces in the Municipal Parking Garage for the uses and purposes described herein. 2. USES AND PURPOSES: Licensee shall have the use of the premises for the purpose of parking motor vehicle(s) in the ten (10) assigned spaces as designated by the City for tenant and employee parking. Such vehicles shall be parked one vehicle per space and such vehic1e(s) shall be parked entirely within the parking space licensed. Notwithstanding any other provision herein, the Licensee shall not enter into any other sublicense of the premises or any portion thereof or any assignment of any interest in this Agreement whether long or short term in nature, or engage in any activity with respect to or on the premises other than the express use(s) and purpose(s) stipulated herein, without obtaining the prior written authorization therefore from the City. 3. TERM: The term of this Agreement shall be for a period of five (5) years from the date of execution. However, Licensee shall have the option to terminate this Agreement at any time with ninety (90) days written notice to the City. City shall have the option to terminate this Agreement as follows: 1) with ninety (90) days written notice to the Licensee in the event the of a major repair or improvements to the garage structure by City, 2) immediately in the event of major damage or destruction of the garage structure, or 3) upon breach of this Agreement by Licensee and failure to cure following (30) days written notice to cure said default. 4. COMPENSA nON: Licensee shall make payment to City monthly in advance before the first day of each month as follows: the current market price per space which is the current rate advertised by the City for general public parking in the premises less 25% - currently $72.00 per space. The actual number of spaces licensed may fluctuate, however if the rate for the remaining spaces will continue to be market rate less 25%. 5. NOTICES: All notices and payments to be given by either of the parties hereto to the other party shall be in writing and may either be delivered personally or may be deposited in the United States Mail, postage prepaid, as either certified or regular mail addressed as specified below. Page 1 of2 .' , ,j( ~ City: City ofBremerton City Clerk 345 6th Street Bremerton, WA 98337 Licensee: Port ofBremerton 8850 S.W. State Hwy 3 Port Orchard, W A 98367 RELA TIONSHlP: In no event shall the City be construed, or held to have become in any way or for any purpose a partner, associate or joint venturer of the Licensee or any party associated with the Licensee in the conduct of the Licensee's business or otherwise. MISCELLANEOUS: This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. PORT OF BREMERTON f5hfh~ By: Ca.rJ B()L~YYl/2 J1 Title ':;!~~ Date: J../ 'tl.s/oR By: S-r!3:.VeLJ {., ( s ~V Title: :b(tz.E-~~ N\~DE F-#tCtL(TlE-S Date: MlZ-f L S . 2DO 8 , Approved as to form: ~~~ .. Attorney. - ==: Attest: CitYCC~~ Page 2 of2