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T CHANGE Contract Transactions =1=
A Contract Number 3115 =1=
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TVendor Name
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: :Departmen t
:.Status Code
KITSAP TRANSIT
TRANSFER STATION - 5TH & BRUENN
ADMIN SVCS
ROW
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Insurance
Type Amount
GL $5000000.00
AL $5000000.00
GL $5000000.00
Amount
Begin Date
End Date
Review Date
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06/01/1989 =1=
05/30/1999 =1=
02/15/2005 =1=
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.J.
T
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Insurance Total $15000000.00
Insurance Review Date 01/01/2006
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Comments
RENEWAL ADDRESSED IN NEW AGREEMENT FOR MULTIPLE ROWS
VAULT 01/01/2005
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LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City of
Bremerton, a municipal corporation duly organized and existing
under the laws of the State of Washington, as Lessor (hereinafter
referred to as "City"), and Kitsap Transit, Inc., (hereinafter
referred to as "Lessee").
WIT N E SSE T H:
1. Premises. The City is the legal owner of the following
described real property:
That portion of the 5th Street Right-of-way lying
between the east margin of Bruen Avenue and the West
margin of Vacated Gorst Avenue.
Said area contains 12,600 square feet.
The City hereby leases to the Lessee and the Lessee hereby leases
from the City the above-described real property, together with all
of the rights, privileges, easements and appurtenances thereon
(hereinafter referred to as "Premises"), for the uses and purposes
described herein.
The Bremerton City Council shall authorize
closure of the premises to all vehicles except transit prior to
execution of this agre~ment.
2. Uses and Purposes of Lessee. Lessee shall have the use
and occupancy of the Premises for the purpose of constructing and
maintaining a transit transfer station for buses and passengers,
for the benefit of the citizens of Bremerton and Kitsap county.
3. Term. The term of this lease, and any extensions, shall
be as follows: June 1, 1989 and terminating May 31, 1999.
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4. Prohibition of Sublease. Lessee shall not enter into any
lease, agreement, or sublease regarding said premises without prior
approval of Lessor.
S. compensation. In return for the improvements described
in Exhibits "1" and "2" as well as continued maintenance of said
property, the Lessee shall have the use of premises as described
herein.
6. Terms of Maintenance, Repairs and Alterations. The
Premises used by Lessee shall be kept in a clean, safe, and
sani tary condition. Lessee shall not permit waste, damage, or
injury to the premises.
a. wi thin three months of effective date of this lease,
Lessee shall repave the existing surface of Fifth street from Bruen
Avenue to Auto Center Way with new asphaltic concrete pavement,
Class B, three inches compacted thickness. The area to be covered
with pavement is the existing paved street, as shown in Exhibit
"1".
b. Lessee shall make the improvements as indicated on Exhibit
"1", including all of the work specifically identified under "Key
Notes" in Exhibit "1". In addition to the work identified in
Exhibit "1", Lessee is authorized to construct a canopy in the area
shown by Key Note "10" in Exhibit "1". within the area of the
leased premises, Lessee may construct other improvements and uses,
including, but not limited to benches and seating areas, and
installing of pay telephones and lighting, however the location of
said improvements must be approved by the City Engineering
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Departments prior to installation. Lessee is hereby granted an
easement under Fifth street at a location specified by city's
engineering department for the purpose of running electrical
conduit.
c. The Premises have been inspected by both parties and are
accepted by the Lessee in their existing condi tion as of the
commencement date of this lease. All maintenance, improvements and
repairs to the premises shall be the responsibility and at the sole
expense of the Lessee.
d. City reserves for itself, its officers, employees, agents
and contractors, free access to said premises at all reasonable
times for the purposes of inspecting, cleaning or making repairs,
additions or alterations to the premises, but this right shall not
be construed as an agreement on the part of the city to make said
inspections, clean or make repairs, additions or alterations.
7. Separate Agreement. Lessee has entered into a separate
agreement with West Park Lanes, Inc., for lease of its property.
As depicted in Exhibit "1", a portion of West Park Lanes' building
and landscaping encroaches on the south boundary of the Fifth
street right-of-way, and a portion of its parking area encroaches
on the north boundary of the Fifth street right-of-way. during the
term of this lease, City waives any right or claim against
encroachment as described above by Lessee. It is understood that
Lessee has agreed to place concrete wheel stops in the parking
stalls which are on the north side of the Fifth street right-of-
way. The parking stalls are for use of West Park Lanes. City
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understands that Lessee has given West Park Lanes notice that its
use of the parking stalls and it building encroachment are
permissive uses during the term of this lease.
8.
Exclusive use.
Lessee shall have exclusive use (other
than Lessor's access) of Fifth street between Bruen Avenue and
Gorst Avenue (the leases premises) for transit transfer station
purposes. City shall restrict access on Fifth street between Bruen
and Gorst to one-way traffic for transit purposes only. As
depicted in Exhibit" I", Lessee intends approximately seven (7)
parking stalls for transit buses.
9. Surrender. Upon termination of this lease, Lessee shall
surrender the leases premises.
Lessee shall not be required to
restore sidewalks or parking areas to the configuration as they
existed at the time of execution of this lease, but shall leave
improvements required by this lease agreement in good repair as
approved by the Lessor, Department of Engineering.
10. Licenses and Permits. Upon commencement of the lease,
Lessee shall be responsible for real property, excise leasehold,
business and occupation, and/or other taxes or licenses which may
.,
now and/or in the future be assessed as a result of the Lessee's
operations.
11. Liability.
a. Insurance. During the term of this lease, the Lessee
shall obtain and maintain a policy of property insurance in amounts
acceptable to the City and a policy of public liability insurance
in an amount of not less than Five Hundred Thousand Dollars
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($500,000.00), to include injury to, or loss of life of, any
individual person; personal injuries suffered in each occurrence;
and property damage suffered in each occurrence, which may be
related to Lessee's occupancy of the above-described property.
Said insurance shall also name the City of Bremerton as an
additional insured.
b. Indemnitv: Lessee shall defend, indemnify and save
harmless the city, its appointed and elected officers and
employees, from and against any and all liability, loss, costs,
damage and expense, including costs and attorney fees in defense
thereof because of actions, claims or lawsuits for damages
resulting from personal or bodily injury, including death at any
time resulting therefrom, sustained or alleged to have been
sustained by any person or persons and on account of damage to
property, arising or alleged to have arisen directly or indirectly
out of or in consequence of or the performance 'of this Agreement,
whether such injuries to persons or damage to property is due to
the negligence of Lessee, its subcontractors, agents, successors
or assigns. This provision shall be inapplicable to the extent the
City is judicially found solely negligent for such damage or
injury.
c. Liens: Lessee shall not permit any lien to be
imposed upon the property of Lessor as a result of work done by or
on behalf of user and shall indemnify and hold Lessor harmless
against any and all expenses, including reasonable attorney's fees
and court costs in connection with any such lien.
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12. utilities. Lessee shall provide, or shall otherwise pay
for, when due, all costs for providing garbage, water, sewer, fuel
and any other utility utilized on said premises. Lessee shall be
responsible for upkeep and repair of the heating and plumbing
systems on said premises. The City shall not be liable for any
injury, loss, or damage caused by or resulting from any
interruption or failure of utility services due to any causes
whatsoever, except the City's sole negligence. Lessee shall not
be entitled to any offset, reduction or return of rental as a
result of any interruption or failure of services.
If Lessee shall fail to comply with or perform any other
obligations hereunder at the time and in the manner herein
required, or if a proceeding in bankruptcy, receivership or
insolvency shall be instituted by or against Lessee, Lessor may
terminate this lease forthwith and upon Lessor's so doing all
payments made by Lessee hereunder and all improvements placed upon
the premises shall be forfeited to Lessor as liquidated damages,
and Lessor shall have the right to re-enter and take possession of
the property, without recourse to legal proceedings. In the event
of such termination for default, Lessee shall pay the amount due
for the unexpired month of the term of the lease.
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
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writing. Notices sent by mail shall be deemed to have been given
48 hours after properly mailed; the postmark affixed by the United
states Post Office shall be conclusive evidence of the date of
mailing.
Lessor: City of Bremerton, City Clerk, 239 Fourth street,
Bremerton, WA 98310.
Lessee: Kitsap Transit, Inc., 234 South Wycoff, Bremerton,
WA 98312.
14. Relationship. 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 Lessee or any party associated
with the Lessee in the conduct of the Lessee's business or
otherwise. This lease does not constitute the Lessee the Lessee
the agent or legal representative of the City for any purposes
whatsoever.
1S. Amendments. The parties hereto expressly reserve the
right to renegotiate the provisions hereof, including the term of
this lease, from time to time as may be necessary and to amend this
lease accordingly; provided, however, that no alteration or
modification of the terms or conditions hereof shall be valid and
binding unless made in writing and signed by the authorized
representatives of the parties hereto.
16. Waiver of Default. No waiver of default by either party
of any of the terms, covenants and condi tions hereof to be
performed, kept and observed by the other party shall be
construed as, or operate as, a waiver of any subsequent default
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of any of the terms, covenants and conditions herein contained,
to be performed, kept and observed by the other party.
17. Effectuation of Agreement. In order to be effective,
this lease must be (1) signed by an authorized representative of
the Lessee and returned to the city at the address set forth
below accompanied by any required policy of insurance, and (2)
signed by the Mayor of the City of Bremerton, and attested to by
the City Clerk.
DATED: (- \L-8>1
LESSEE:
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Pr/1~.sT ClOI,,, 6J C /Q.....,sOIl\
DATED: ,-IL-S?<=t
,
DATED: F"J- /3-g't
LESSO:: ~ of ~
~ LOBE, Mayor
~
ATTEST:
\<\~~ ~~
KATHLEEN McCLUSKEY, Clerk
.,
APPROV D PC; FORM:
~~~
IAN R. ~EVERS
City Attorney
~~1
STATE OF WASHINGTON )
) SSe
COUNTY OF KITSAP )
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On this day personally appeared before me Gene Lobe and
Kathleen McCluskey, to me known to be the Mayor and Clerk,
respectively, of the City of Bremerton, a municipal corporation,
that executed the foregoing instrument and acknowledged to me that
they signed and sealed the same as the free and voluntary act and
deed of said municipal corporation and on oath stated that they
were authorized to execute said instrument and that the seal
affixed is the seal of said municipal corporation.
WITNESS MY HAND and official seal this \~
--:s \...>.-\ .......
\
day of
State
~~~--,
STATE OF WASHINGTON )
) SSe
COUNTY OF KITSAP )
On this day personally appeared before me ~~ ~
L1- d ~ I . ..1 -e''I,..c:_c...~~'''"''- ~'N.c..~r
~'-''''9 an --::>o~ Co..., ..Jo.~ , rrcol...cn:t anu
Secretary, fespectively of Kitsap Transit, Inc., to me known to be
the persons described in and who executed the within and foregoing
instrument, acknowledged to me that they are authorized to sign and
seal the same as the free and voluntary act and deed of Kitsap
Transit, Inc., for the uses and purposes therein stated.
WITNESS MY HAND and official seal this
~a_\ ' 1989.
\ '2- day of
~-~~ ~~ (~
NOTARY PUBLIC in and for the State
of Washington, residing at
My Commission Expires: 7-IL-P9
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EXHIBIT 2
In addition to those improvements as described in Exhibit "1",
Lessee herein agrees as follows:
1. Lessee shall replace at their expense the curbs, gutters
and sidewalks on the north side of Fifth street.
2. Lessee shall install a driveway which meets legal
standards at the southeast end of the passenger vehicle parking lot
at the north end of Fifth street.
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