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Home My WebLink AboutSS LANDSCAPING SERVICES INC - 1710 6TH STP@rmittee: SS Landscaping Services Inc Location: 1710 6th St LONG-TERM TYPE CRIGHT-OF-WAY USE PERMIT THIS PERMIT is made and entered into this 5th day of March, 2020, by and between the CITY OF BREMERTON, a municipal corporation hereinafter referred to as "City" and SS Landscaping Services Inc, 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 Along the west edge of the property that fronts Pennsylvania Ave (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: Occupy the Right of Way with a fence. 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 Five (5) years, commencing on the 5th day of March, 2020, and terminating Five (5) years thereafter, unless terminated earlier according to the provisions herein. 4. Permit Fees. Permittee shall pay City for the use of said Properly the sum of $80.00 to be paid annually with 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 Permi#tee 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 A 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. Page 1 of 3 Type C —ROW Pernut Rev. 10/2019 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. Permitted, at its own expense, shall provide and keep in force with companies reasonably acceptable to City comprehensive general liability insurance in the amount A 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 Gity's Risk Management Specialist by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 346 61h 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 Gity, 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 ather 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. Page 2 of 3 Type C —ROW Permit Rev. 10l2019 City: City of Bremerton City Clerk 345 6th St. Suite 100 Bremerton, WA 98337 Permittee: SS Landscaping Services INC Name: SS Landscaping Services INC Address: 1710 61h St City/State/Zip: Bremerton, WA, 98337 IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date first herein above written. Dated: 3/s/2o2o Date: 3 Z ` 0o Z o DEPARTMENT APPROVAL: Thomas KnuckeyI Director Public Works and Utilities APPROVED AS TO FORM: Roger A. Lubovich, City Attorney RECEIVED FOR FI Angela Htioyer, .ING: Clerk PERMITTEE: - Name: SS Landscaping Services INC CITY OF BREMERTON By: ✓ate. Greg Whee w Mayor R:1LegallLegallForrnslFORMS ON COBWEB\Type C ROW Permit Form -Protected Rev. 10 2019.docx Page 3 of 3 Type C —ROW Pemut Rev. l 0/2019 Rental Area: Annual Rental Rate: Annual Excise Tax Amount: Annual T,rrpe C Permit Cost: EXHIBIT "A" ($111,940.001 12a632 Vol $0.891sf 544.76-sf $484.84* 12.84°ro $80.00 (2020 rate) + $62.25 EX. BUILDING Ramped Curbline/Western entrance �e C ROW Occupancy square footage (544.76 sf) No Occupancy within Slte Distance Triangle per COB Detail 3123 544.76-sf $0.89Isf $484.84/y _ $62.25 $142?5 EX. GARAGE 93.0' Site Address: 1710 6th St Bremerton, WA 98337 Tax Parcel: 3797-028-007-0203 LEGEND: ..-_.6' Black Chainlink Senca p—p 30' Cantilever Gata Property Line ® Bxiating Block Wall �p Existing Rock Wall Exiatinq Continued Curbline Existing Sidewalk Existing 5/8" Crushed Gravel Existing Soil/Plantar �. Sight Distance Triangle Area of ROW occupancy (af)