HomeMy WebLinkAbout2006.12.13 Memorandum of First Amended Concession AgreementReturn Address: Attn: City Clerk
City of Bremerton
3456 T11 Street, Suite 600
Bremerton, WA 98337
200612130124
BREMER.TON CITY OF MA
11111 Pitl ;'cOO6{ O1 15P
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1- M?mnrandum of First Amended Concession Agreement
Reference Number(s) of Documents assigned or released: Amends and Replaces 200108170289
Grantor(s): 1. City of Bremerton (City)
Additional names on page of document.
Grantee(s): 1. Olympic Soccer & Sports Center, LLC (Concessionaire)
E] Additional names on page of document.
Legal Description: ptnNE'/4 SW 1/4 S21 T24N RIE, W.M., Kitsap County, WA
abbreviated)
0 Additional legal is on page Exhibit A of document.
Assessor's Property Tax Parcel/Account Number: 212501-3-005-2001
MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT
This Memorandum of First Amended Concession Agreement is entered into on the date
fully executed below, by and between the City ofBremerton, a Washington municipal corporation
hereinafter referred to as "City") and Olympic Soccer & Sports Center, LLC, a Washington
limited liability company (hereinafter referred to as "Concessionaire").
1. City and Concessionaire entered into a First Amended Concession Agreement
Between the City of Bremerton and Olympic Soccer & Sports Center, LLC (the "Agreement") on
thg, day of b ? V , 2006, for the purpose of constructing, operating and
maintaining an indoor athletic facility and other improvements. The First Amended Concession
Agreement amends and replaces that certain Concession Agreement recorded on August 17, 2001
in the records of Kitsap County under Auditor's File No. 200108170289 and is for a term of
fifteen (1 5) years commencing June 1, 2001, with three (3) successive ten (10) year options to
renew as specified in the Agreement. All of the foregoing are set forth in the Agreement.
MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT - 1
2. The property which is the subject of the Agreement is legally described in Exhibit
A" attached hereto and incorporated by reference.
IN WITNESS WHEREOF, the parties have executed this Memorandum of First Amended
Concession Agreement as of the day and year first above written.
CITY:
CITY OF BREMERTON
By: f
Y
Print Name: Cary Bozeman
Its: Mayor
DATE:
STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP
CONCESSIONAIRE:
OLYMPIC SOCCER & SPORTS
CENTER, LLC
By:
Print Name: Dennis Michael
Its: Manager
DATE: CC4-C Oef-
I hereby certify that I know or have satisfactory evidence that Cary Bozeman is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he is authorized to execute the instrument on behalf of the City of Bremerton as its
Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes
mentioned in the foregoing instrument.
Notary Sea! Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal thisW"day of
2006.
P V.
C(/
eS5S10NE-YAj a \`may 711 V
C),4 4NOTARY PUBLIC, in and for the State
G (
of Washington, residing at 6 mrr n 10A
My appointment expires Tn `j
F OFeW
MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT - 2
200612130124
Page, 2 of 4
12/13/2006 01:15P
BREMERTOH CITY OF MA V,5.00 KitsaP Co, 11A
STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP
I hereby certify that I know or have satisfactory evidence that Dennis Michael is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he is authorized to execute the instrument on behalf of the Olympic Soccer & Sports
Center, LLC as its Manager, and such execution to be the free and voluntary act of such party for the
uses and purposes mentioned in the foregoing instrument.
Notary Seal Must Appear Within This Box -
IN WITNESS WHEREOF, I have hereunto set my han d official seal this day of
12006.
0 TA 'c;m = NOTARY PUBLIC, in and for the State 1- r A
rI° of Washington, residing at ri- W A
4il ' w MY appointment expires,? - Z:7- D 77
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MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT - 3
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Page :3 of 4
12/1:312006 01:15P
K:itsap Co, P
EXHIBIT "A"
Legal Description for Soccer Concession at Pendergast Park
A portion of the Northeast quarter of the Southwest quarter, Section 21, Township 24 North,
Range 1 East, Williamette Meridian, which is more particularly described as follows:
Beginning at the East quarter corner of said Section 21; thence along the East-West
centerline of said Section 21, N 88°50'50" W 5316.00 feet to the West quarter corner of
said Section 21; thence S 65°16'01" E 2125.47 feet to an existing corner of the building for
Olympic Sports and Soccer Center, also being the True Point of Beginning; thence along
said building, N 89°18'55" E 100.42 feet; thence S 0°48'13" E 44.56 feet; thence N
89011'47" E 54-86 feet; "thence S 0°49'09" E 113.85 feet; thence S 89°17'18" W 54.89
feet; thence S 0'15'19" E 52.06 feet; thence leaving said building S 0'15'19" E 14.62 feet;
thence S 89°14'46" W 199.87 feet; thence N 0°46'54" W 200.00 feet; thence N 89°18'55"
E 100.00 feet to the said building for Olympic Sports and Soccer Center; thence along said
building, N 0°46'54" W 25.24 feet to the True Point of Beginning.
Together with and subject to a 15 foot maintenance and access buffer adjacent to and
abutting above described concession.
Together with ingress and egress to and from the public right of way (Union Avenue)
over and upon the City parks properties and roadway to the above described concession.
Said ingress and egress shall terminate with said concession.
Said concession area to constitute 48,829 square feet, and with said maintenance and
access buffer, 64,157 square feet.
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