HomeMy WebLinkAboutSYLVAN WAY BAPTIST CHURCH Permittee Sylvan Way Baptist Church
Location 900 Sylvan Way
LONG -TERM TYPE C RIGHT -OF -WAY USE PERMIT
THIS PERMIT is made and entered into this 3rd day of April, 2012, by and between the CITY
OF BREMERTON, a municipal corporation hereinafter referred to as "City' and Sylvan Way
Baptist Church, 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 of Sylvan Way north side at Robin Avenue and
Sylvan Way at Phillips Avenue south side hereinafter referred to as "Property ".
2 Use of Property Permittee shall have the use and occupancy of the Property
for the purpose of School Zone signs
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 3rd
day of April, 2012, and terminating Ten (10) years thereafter, unless terminated earlier
according to the provisions herein
4 Permit Fees. Permittee shall pay City for the use of said Property the sum of
$100 00 to be paid annually the first payment due on the commencement date Annual
payments shall be due January 10th of each year of the agreement
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 Removal of Improvements. Improvements shall be permanently removed by
the Permittee at the termination of the Permit or upon sixty days (60) written notice from the City
at such time the City finds it necessary to modify the use of the Property If the required
removal is not completed within the time stipulated by the City, the City is authorized to have the
removal work done and the cost thereof, including administrative and legal fees, shall become a
civil debt of the Permittee and shall be a lien against the Permittee's property Also, the City
may, without notice, remove the improvements as necessary to repair utilities or other public
facilities The City has no obligation to reconstruct or replace such improvements
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8 Compliance with Law. In the use of Property, Permittee shall fully comply with
all applicable federal, state, county and municipal laws, ordinances and regulations
9 Assignment of Permit. Permittee shall not assign or transfer its interest in this
Permit, or sublet the Property or any parts thereof, or permit the Property to be used for any
purpose not permitted by this Permit, without prior written consent of the City Any attempt to
assign or transfer an interest in this Permit shall be cause for immediate termination
10 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 and it shall be
an affirmative obligation upon Permittee to advise the City's Risk Management Specialist by fax
at (360) 473 -5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk
Management, 345 6 th Street, Suite 600, Bremerton, WA 98337 within two days of the
cancellation, suspension or substantive change of any insurance policy set out herein Failure
to do so shall be construed to be a default of tree terms of this Permit
11 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
12 Termination. Either party may terminate this Permit by furnishing to the other
party, by registered mail, a notice of termination at least sixty (60) days prior to the intended
date of termination If Permittee defaults in payment of rent, or breaches any other covenant or
condition of the Permit, City may declare a forfeiture of this Permit for such default, reenter the
property, and remove the improvements, upon ten (10) days written notice to cure breach or
default and Permittee fails to do so
13 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
14 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 ano observed by the other
party
City Permittee
City of Bremerton Sylvan Way Baptist Church
City Clerk Name Rick Glomstad (Pastor)
345 6 th St Suite 600 Address 900 Sylvan Way
Bremerton, WA 98337 City /State /Zip Bremerton, WA 98310
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Rev 02 -2012
IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date
first herein above written
PERMITTEE
Dated zz By
Name - /��°f��
CITY BREME O �
Date 4 Z v By -
Patty Lent, M y
DEPARTMENT APPROVAL
� 202
Director, Public Works and Utilities
AP Mttorney TO FORM
0t
VED FO ING �
City Clerk
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Rev 02 -2012