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Home My WebLink About3212 RESOLUTION NO. 3212 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving a Type C Right -of -Way Use Permit to the US Navy for the Burwell Pedestrian Tunnel WHEREAS, the City of Bremerton has a longstanding relationship of mutual support and coordination with the United States Navy, and WHEREAS, the Burwell Pedestrian Tunnel was constructed in the 1940s or earlier as a secure subterranean pedestrian corridor to convey workers into the Shipyard from Navy owned property north of Burwell Street without impacting traffic on Burwell, and WHEREAS, the Burwell Pedestrian Tunnel is located in the subterranean area of Burwell Street between Building 844 (808 Burwell Street) and the Controlled Industrial Area within the Puget Sound Naval Shipyard, more specifically identified in Exhibit A, attached hereto and incorporated herein by reference, and WHEREAS, Burwell Street is City right -of -way, and WHEREAS, there are no easements or other records documenting ownership of the Burwell Pedestrian Tunnel, and WHEREAS, the continued operation of the Burwell Pedestrian Tunnel is mutually beneficial to both the US Navy and the City as a corridor for pedestrians to safely enter the Shipyard without impacting traffic on Burwell Street, and WHEREAS, execution of the Type C Right -of -Way Use Permit, pursuant to BMC 1102 080(C) formalizes existing rights of the US Navy to operate, maintain, and re- construct the Burwell Pedestrian Tunnel, and WHEREAS, the Burwell Pedestrian Tunnel provides mutual benefits to both the US Navy and the City of Bremerton and BMC 1102 120(B)(3)(c) authorizes the City to waive any fees for Type C Right -of -Way Use Permits for government agencies, and WHEREAS, the City desires to waive all such fees for issuance of a Type C Right -of -Way Use Permit to the US Navy, and WHEREAS, BMC 1102 080(C)(7)(c) authorizes the City to waive any requirements of BMC 1102 080 in order to protect a governmental installation from possible terrorist attack, and WHEREAS, the City desires to issue a Right -of -Way Use Permit for a period of time that exceeds the five (5) year limit set forth in BMC 1102 080(C)(1), and 1 WHEREAS, execution of the Type C Right -of -Way Use Permit is necessary for the City to obtain grant funding through the Washington State Department of Commerce for the Navy's reconstruction of the Burwell Pedestrian Tunnel, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. Recitals The recitals set forth above are adopted and incorporated herein by this reference SECTION 2. Approval of the Type C Right-of- Way Permit A Type C Right -of- Way Use Permit shall be executed with the US Navy for the continued use of the Burwell Pedestrian Tunnel, at no cost to the US Navy The Mayor is authorized to execute the Type C Right -of -Way Use Permit with substantially the same terms and conditions as set forth in Exhibit B, attached hereto and incorporated herein by reference SECTION 3. Severabilgy If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 4. ffective Date This Resolution shall take effect and be in force immediately upon its passage � PASSED by the City Council of the City of Bremerton, Washington this day of _ L)t j Wj-bQ , 2413 2, W Council sident APPROVED AS TO FORM ATTES R GER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk R \Legal\Legal\Files \Current Active Files\Burwell Pedestnan Tunnel\Resolution- Burwell Pedestnan Tunnel Type C ROW Pennit doc 2 BURWELL -ST __ _ . __ _ r__ ------------- --BURWELL- P EDESTRIAN TUNNEL , EXHIBIT FOR TYPE C ROW PERMIT EXHIBIT A EXHIBIT B Pernuttee United States Navy Location 800 Block of Burwell Street TYPE C RIGHT -OF -WAY USE PERMIT THIS PERMIT is made and entered into this _ day of December 2013, by and between the CITY OF BREMERTON, a municipal corporation hereinafter referred to as "City" and the UNITED STATES NAVY, hereinafter referred to as " Permittee" WITNESSETH In consideration of the covenants, promises and terms contained herein, the parties hereby agree as follows 1 Grant of Permit - Location of Property. Pursuant to BMC 1102 080(C), the City hereby grants to Permittee a Type C Right -of -Way Use Permit ( "Permit ") to use the following described location within the City right -of -way of Burwell Street the area between Building 844 (808 Burwell Street), and the Controlled Industrial Area within the Puget Sound Naval Shipyard, hereinafter referred to as "Property" for use of a subterranean pedestrian tunnel (`Burwell Pedestrian Tunnel "), which was constructed in the 1940s or earlier and which provides a secure pedestrian corridor 2 Use and Interest of Property. Permittee shall have the use and occupancy of the Property for the purpose of ownership, operation, maintenance and reconstruction of the Burwell Pedestrian Tunnel to the extent that such use does not interfere with the street uses above The granting of this Permit does not in any way restrict, remove, limit or impair any existing property interest Permittee has in the Property 3 Term. The term of this Permit shall commence on the l day of December 2013, and shall continue unless terminated as provided herein 4 Permit Fees. Not applicable — Pursuant to BMC 1102 120(B)(3)(c), no fees shall be paid for this Permit as the Burwell Pedestrian Tunnel provides mutual benefits to both the US Navy and the City of Bremerton 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 necessary to maintain use of the right -of -way 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 1 Burwell Pedestrian Tunnel — Type C ROW Use Permit 7 Removal of Improvements. The improvements will be removed or abandoned in place by the US Navy upon termination of this Permit 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 Thirty (30) days advance notice to City of cancellation shall also be provided 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, ansmg 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. This Permit terminates either upon mutual agreement of the parties, upon written notice by the Permittee or by abandonment of use by Permittee for one (1) year 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 and observed by the other party CITY OF BREMERTON US NAVY City Clerk Name 345 6th St Suite 600 Addresses Bremerton, WA 98337 City /State /Zip 2 Burwell Pedestrian Tunnel — Type C ROW Use Permit IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date first herein above written PERMITTEE Date By CITY OF BREMERTON Date By Mayor DEPARTMENT APPROVAL Director, Public Works and Utilities APPROVED AS TO FORM City Attorney RECEIVED FOR FILING City Clerk 3 Burwell Pedestrian Tunnel — Type C ROW Use Permit