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Home My WebLink AboutWOBBLY HOPPS BREWERY, LLC - 260 4TH Permittee:Wobbly Hopps Brewery LLC Location: 260 4`h Street Permit#RW 15 00102 LONG-TERM TYPE C RIGHT-OF-WAY USE PERMIT THIS PERMIT is made and entered into this 21st day of August, 2015, by and between the CITY OF BREMERTON, a municipal corporation hereinafter referred to as "City" and Wobbly Hopps Brewery 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: A rectangular area approximately 17 feet long, tapering from 5 to 10 feet wide extending into the 4`h Street Right of Way along the south property line. hereinafter referred to as "Propertv". 2. Use of Property. Permittee shall have the use and occupancy of the Property for the purpose of: Outside seating including chairs, tables, and barrier. 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 21st day of August, 20151 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 $65.02 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 Type C—ROW Permit—Page 1 Permittee:Wobbly Hopps Brewery LLC Permit No: Rev 10-2007 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. 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, 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 and observed by the other party. City: Permittee: Wobbly Hopps LLC City of Bremerton !rt/o�BL �/-��5 .�i�?� City Clerk Name:s��c..2� J��v�lows/�,� 345 6`h St. Suite 600 Addresses:��v yr=u ��"�� Bremerton, WA 98337 City/State/Zip: ,�IL�y�R-tD�� '� v y��3� Type C—ROW Permit—Page 2 Permittee:Wobbly Hopps Brewery LLC Permit No:/L�;,i�� o o l az Rev 10-2007 IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date first herein above written. PERMITTEE: Dated: O � � l � By: CITY OF BREMERTON Date: � 27 �� By:� � , Mayor DEPARTMENT APPROVAL: Director, Public Works and Utiliti s APPROVED AS TO FO �VI: � City A rney CEIVED FOR F NG: City Clerk Type C—ROW Permit—Page 3 Permittee:Wobbly Hopps Brewery LLC Permit No: Rev 10-2007 \ . � � . z , 36� �4� / / -- ------- --- � / -- - - -- -- \. ; ', -� �`, . , ��. _ - _ ------ �- - _ _. -r------= - - -- ----_ -- _ -- i "�%:, /LL I �n _ --- ---- - ; , __ , , I I �P� � �� I � � .. , - - ,i , ,- � ;� , ; I --- __ ,i' `:�: , � , � � I -- -- o � \\, , , , , _ � � -- , T, � , , . _..... --- � . _ -- --- ---- – YTO -- --------- �. . , ► 1T � � � \ . / Q ; � � � . 1�1� � Q � --- ----- � _ �- - -� ; - . _ � ; __ _ ; �� -:�:� � � � � - __ :----� � _ _,_____ _ ,�. _ , a , � : ,:; . . _ ._: . . . UP R LEVEC�',... � ' ,_ -- � : � .- , 5'-0 314°_...._.->... . _ , . I .. Q J — � m —�---m _.5'-0'_ C'O��'' _ ��"��_ � " I�� I �� 'S� 7'-8" - - •.J j/.. - . 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