HomeMy WebLinkAboutBREMERTON CINEMA, LLC - 655 4TH ST. i
Permittee Bremerton Cinema, LLC
Location 655 4 St
LONG -TERM TYPE C RIGHT -OF -WAY USE PERMIT
THIS PERMIT is made and entered into this 1 St day of September, 2011 by and between the
CITY OF BREMERTON, a municipal corporation hereinafter referred to as "City" and
Bremerton Cinema, LLC hereinafter referred to as "Permittee"
WITNESSETH
In consideration of the covenants, promises and terms contained herein, the parties
hereby agree as follows
1 Location of Property. City hereby permits the Permittee to use the following
described location within the City right -of -way as shown on Exhibit A hereinafter referred to as
"Property"
2 Use of Property. Permittee shall have the use and occupancy of the Property
for the purpose of:
Coffee kiosk, ticket sales booth, and stairs as shown in Exhibit A
Permittee understands and agrees that the right -of -way can not be used to meet
development standards or permit requirements such as parking, landscaping, set back or buffer
area on a permanent basis
3 Term. The term of this Permit shall be ten (10) years, commencing on the 1st
day of September, 2011, and terminating ten (10) years thereafter
4 Permit Fees. Permittee shall pay City for the use of said Property the sum of
$000
5 Repairs and Maintenance. Permittee agrees to accept all responsibility for
maintenance of all improvements placed on the Property by the Permittee and to keep the
Property and any such improvements thereon in a state of good repair and to maintain them at
all times so as not to cause any safety hazard nor visual blight on the Property Permittee
agrees to perform City directed repairs and maintenance within 30 days of written notice from
the City
6 Ownership of Improvement. All improvements erected by Permittee on the
Property shall remain the property of the Permittee
7 Compliance with Law. In the use of Property, Permittee shall fully comply with
all applicable federal, state, county and municipal laws, ordinances and regulations
8 Insurance. Permittee, at its own expense, shall provide and keep in force with
companies reasonably acceptable to City comprehensive general liability insurance in the
amount of not less than $1,000,000 per occurrence for bodily injury and property damage
Permittee shall provide the City's Risk Manager with a certificate of insurance evidencing this
coverage and indicating that the City is an additional named insured thereunder
Type C — ROW Permit j
Permittee _Bremerton Cinema, LLC
Permit No BW11 -00162
9 Indemnification. Permittee shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with this permit, except for that portion of the injuries and damages caused by the
City's sole negligence This provision shall survive the expiration or termination of the permit
Permittee shall immediately notify the City of any cancellation of insurance coverage
10 Default. If Permittee defaults or breaches any covenant or condition of the
Permit, City may declare a forfeiture of this Permit for such default
11 Notices. All notices 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,
or to such other designate in writing
12 Waiver of Default. No waiver of default of either party of any of the terms,
covenants, and conditions hereof to be performed, kept and observed by the other party shall
be construed as, or operate as, a waiver of any subsequent default of any of the terms,
covenants, and conditions herein contained, to be performed, kept and observed by the other
party
City Permittee
City of Bremerton Bremerton Cinema, LLC
City Clerk James Blissett
345 6th St Suite 600 2303 West Commodore Way Suite 205
Bremerton, WA 98337 Seattle, WA 98199
IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date
first herein above written
PERMITTEE
Date r l $ A By
Gj CITY OF BREMERTON
Date / By
Mayor
DEPARTMENT AP OVAL
rks and Utilities
Type C — ROW Permit 2
Permittee _Bremerton Cinema, LLC
Permit No BW11 -00162
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