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Home My WebLink About1411 WHEATON WAY Permittee: ARLO HOLDINGS LLC Location: 1411 WHEATON WAY LONG-TERM TYPE C RIGHT-OF-WAY USE PERMIT THIS PERMIT is made and entered into this 8TH day of February, 2019, by and between the CITY OF BREMERTON, a municipal corporation hereinafter referred to as "City" and ARLO HOLDINGS 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 An irregular shape approximately 7 feet wide by 50 feet in length adjacent to the west property line of said property (see 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: Retaining Wall. 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 8th day of February, 2019, 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 $76.66 annual fee plus an Excise Tax amount of$73.25 for a total amount of$149.91 to be paid annually with the first payment due on the commencement date. Annual payments shall be due January 10`h 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 (60) days 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 Page 1 of 3 Type C—ROW Permit Rev. 07/2018 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. Endorsement shall be provided with certificates of insurance. 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 6th Street, Suite 100, Bremerton, WA 98337 within two (2) 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 the terms of this Permit. Permittee's insurance shall be primary and non-contributory as respects the City and any and all insurance maintained by the City. To the extent allowed by law, Permittee agrees to waive all rights of subrogation to recover any amounts paid arising out of or in connection with this permit, Permittee's use of the Property, and/or any Improvements to the Property. This waiver has been mutually negotiated by the parties. 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, Permittee's use of the Property, and/or any Improvements to the Property, 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, Page 2 of 3 Type C—ROW Permit Rev. 07/2018 covenants, and conditions herein contained, to be performed, kept and observed by the other party. City: Permittee: City of Bremerton City Clerk Name: ARLO HOLDINGS LLC 345 6'h St. Suite 100 Address: 1411 Wheaton Way Bremerton, WA 98337 City/State/Zip: Bremerton, WA 98310 IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date first herein above written. PERMITT ��-L 10 q 1 //��,^ Dated: By: /A, 4 L 'w' / Name: ARLO HOI/s INGS LLC CITY OF BREMERTON Date: 3 2 C, JV3 By: w�� 111 Greg Wh el r, Mayor /".....;„2DEPARTMENT AP OVAL: *--.2.----7#1*-1<<— Chal Martin, irector G 3/?c (1 Public Works and Utilities APPRO ED AS TO FORM: . ,,...... _ fr _ Roger A. Lubovicl.), CityAttorney RECEIVED FOR FILING: , O ' QD(0 Of. ) A gela Wows, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Type C ROW Permit Form-Protected Rev.07 2018.docx Page 3 of 3 Type C—ROW Permit Rev. 07/2018 EXHIBIT "A" ARLO HOLDINGS Legend 0 Audiologists Northwest . 4 ‘ 1 . , ‘I.. \ \ -• ..... ""_,, f \ _., ... , t". . . • ; .. 4 .. . ,\ , . .... • . . . \ \ ‘• - \ s. \ \ r ---' L 1 \ 4 ' ' \ ... ' \ 1 . , . ,.. .'"..,,,,. ....... „„,,. ' A, .....-..., ...7 (Jill .... N Google Earth . . iimpi •