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HomeMy WebLinkAbout5696LICENSE AGREEMENT THIS AGREEMENT is made and entered into as of the 16th day of May, 2017, by and between the CITY OJF BREMERTON, a Washington municipal corporation ("City"), and MANETTE YACHT CLUB, LLC ("Licensee"). WHEREAS, City is the owner of certain propert� in the City of Bremerton, Kitsap County, Washington, commonly known as the Louis Mentor Boardwalk, identified in Exhibit A attached hereto and incorporated herein (hereinafter "City Property"); and WHEREAS, Licensee desires to utilize a portion of City Property for restaurant operations associated with the adjacent business located in the building Licensee has leased from the Port of Bremerton for operation of a restaurant; NOW, THEREFORE, in consideration of the mutual benefits to be derived, it is agreed: 1. License and Conditions. City agrees to provide Licensee this non-exclusive license to utilize a portion of City Property upon the following conditions: A. Use: This license is granted to Licensee for the use of a portion of City Property as follows: the outer five feet of the ten feet extending from the Northwest and Southwest building boundary, described in Exhibit B which is attached hereto and incorporated herein ("License Property"), for seating associated with restaurant operations in the adjacent Port of Bremerton building. B. Term: The term of this license shall be for a period commencing May 16, 2017, ("Commencement Date") and ending December 31, 2017, unless otherwise terminated as provided in Section 4 below. C. Payment: In consideration for the granting of this license, Licensee shall pay the City a total of one hundred and eighty dollars ($180.00) due and payable prior to Licensee's use of the License Property. D. This license is given only for the above stated purpose. Any extension or modification of the scope of use shall only be in writing. E. Licensee agrees that the License Property will not be used for the above stated purpose on the dates and times described in Exhibit C attached. F. Licensee shall reasonably carry out the uses allowed within the License Property so as not to interfere with the City's use and operation of the License Property. G. Licensee shall maintain the License Property in good and safe condition, shall clean any debris, litter and grease, and shall be responsible for any property damage resulting from 11 its use of the License Property. Licensee shall be responsible for its own property located, maintained or stored on the License Property. License Agreement H. Licensee shall not move, relocate or alter City -owned tables, chairs and trash receptacles located on the Boardwalk. I. Licensee shall provide a barrier, approved by the City, surrounding the License Property to identify and separate the area from the rest of the Boardwalk. J. Licensee shall obtain and maintain all appropriate approvals and permits for its operations, including those from the Washington State Liquor and Cannabis Board, for the duration of this License. K. Licensee shall abide by all applicable local laws, including Bremerton Municipal Code section 13.04.140, which limits Licensee's alcohol sales, service and consumption to beer and wine, and shall ensure that no patron leaves the License Property with alcohol. L. Licensee's restaurant shall be open to all ages of patrons. M. This license is non -assignable. 2. Indemnification. Licensee 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 the Licensee's use of the License Property pursuant to this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Licensee and the City, its officers, officials, employees, agents and volunteers, the Licensee's liability hereunder shall be only to the extent of the Licensee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LICENSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLEY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 3. Insurance. Licensee shall procure and maintain for the duration of this license, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the operation of this license by Licensee, its agents, representatives, employees, contractors or subcontractors. By the effective date of this License Agreement, Licensee shall provide a Certificate of Insurance evidencing: Commercial General Liability insurance written on an occurrence basis with limits no less than $`1,000,000 combined single limit per occurrence and $1,000,000 I License Agreement aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: liquor liability, blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self-insured retention is the sole responsibility of Licensee. The City shall be named as an additional insured on the Commercial General Liability insurance policy, with respect to the operation of this license by or on behalf of Licensee, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of the required insurance policy. Licensee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Licensee's insurance shall be primary insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Licensee to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 4. Termination. Either party may terminate this License Agreement at its sole discretion, for convenience or otherwise and for no consideration or damages, with fifteen (15) days written notice. If the City terminates the Agreement, the City shall reimburse the Licensee's fee pursuant to paragraph 1.C., on a pro rata basis, unless the termination is based on a breach of the Agreement by Licensee. Modification. This license may not be modified, altered, or amended unless first approved in writing by the City. 6. Breach. In the event of any alleged breach or threatened breach of this License Agreement by either party, and if City and Licensee are unable to cure the breach or otherwise resolve their dispute, then final resolution of the dispute or claim shall occur solely under the jurisdiction and venue of the Kitsap County Superior Court, and each party shall be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. 7. BindingEffect. ffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. License Agreement Entire Agreement. This License Agreement contains the entire agreement between the parties and, in executing it, City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 9. Non -Waiver. Waiver of a breach of any provision hereof shall not be deemed to be a waiver of a breach of any other provision or a subsequent breach of the same provision. 10. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like' manner: City of Bremerton Parks & Recreation Department 680 Lebo Blvd. Bremerton, WA 98310 Attn: Jeff Elevado, Director Manette Yacht Club, LLC 1310 Trenton Avenue Bremerton, WA 98310 Attn: 11. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 12. Counterparts. This license may be executed in two or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, this License Agreement is executed and shall become effective as of the last date signed below. CITY OF MERTON (�� <f2N By: VVI 11_o Printed Name: Jeff Elevado Its: Director, Parks & Recreation Dept. Date: 511(0[zolT Approved as to form: 17 City Atto ey M MANETTE CHT CLUB, LLC By: Printed Name: Its: _4�\ _Q_\/ Date: (_Q" - License Agreement Exhibit A CONVENTION CENTER Louis Mentor Boardwalk Port of Bremerton Building CITY OF BREMERTON MANETTE YACHT CLUB, LLC Louis Mentor Boardwalk License Property Availability 2017 EXHIBIT C The License Property will not be available for use on the following dates and times due to scheduled events. Date Time 9/2/17 10:00 a.m.-7:00 p.m 9/3/17 10:00 a.m.-6:00 p.m 9/4/17 10:00 a.m.-6:00 p.m Event Blackberry Festival Blackberry Festival Blackberry Festival The following events are scheduled for the Boardwalk that may allow use of the license property depending on event organizers requirements: 5/16-20/17 8:00 a.m.-5:00 p.m. 7/4/17 2:00-10:00 p.m. 7/8/17 2:00-10:00 p.m. 7/14/17 4:00-9:00 p.m. 7/15/17 12 Noon -6:30 p.m. 7/22/17 2:00-10:00 p.m. 7/27 & 28/17 10:00 a.m.-6:00 p.m. 7/29/17 2:00-10:00 p.m. 8/5/17' 2:00-10:00 p.m. 8/12/17 2:00-10:00 p.m. 8/19/17 2:00-10:00 p.m. 8/26/17 2:00-10:00 p.m. Trawler Festival Rock the Dock Concert Rock the Dock Concert Bremerton Summer Brewfest Bremerton Summer Brewfest Rock the Dock Concert Kitsap Harbor Festival Rock the Dock Concert Rock the Dock Concert Rock the Dock Concert Rock the Dock Concert Rock the Dock Concert MANET-2 OP 1D: JC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) NCE 06/09/2097 rATE HOLDER. THIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIC CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED TE THE POLICIES BELOW. 'PHIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Joanie Carpine Gallagher Insurance NW PHONE 227 Bellevue Way NE PMB 497 Arc No Ext :360-568-6947 No ; 360-568-0501 Bellevue, WA 98004 aD�Ress: J®anis ally herins.c Joanie Carpine o(n INSURER A : First INSURED Marlette Yacht Club, LLC dba Manette Yacht Club INSURER B 1310 Trenton Ave INSURERC: Bremerton, WA 98310 INSURER D: IN5URER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS Tn C.FRTIFV TWAT TUG onr vrrcc nr rt.�n� mn.....•- • .,.��.- ... �..... _... _. — _ _. - ��• �• •••��• n•Y� u01 cu utLUVV t-IAvt BttN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID THE TERMS, CLAIMS. INSR ADOL SUB Bremerton, WA 98337 LTR TYPE OF INSURANCE IN D WVD POLICY NUMBER POLICY EFF POLICY EXP MM/DD MMIDD/YYYY LIMITS . A X COMMERCIAL GENERAL LIABILITY CLAIMStotADE X OCCUR 1 X X FMEV?06325 EACH OCCURRENCE g 1,000,00 01 051?2/2017 05/1Z/2018 E ccurence Liquor LiabilityMED PREMISES $ Jr�,QQ �Xx EXP (Any one person) $ Exclude .$1MMl$1MM PERSONAL & ADV INJURY $ 1,000,00 GEN'LAGGREGATELIMrTAPPLIESPER: X POLICY ❑ PRO- ❑ LOC GENERAL AGGREGATE $ 2,000,00 JECT PRODUCTS -COMP/OP AGG $ 2,000,00 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT tEa accident S ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per person) $ AUTOS AUTOS BODILYINJURY(Peraccident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident S $ UMBRELLA LIAR OCCUR' EXCESS LIAS FICWMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION S WORKERS COMPENSATION' $ AND EMPLOYERS' LIABILITY YIN ER STATUTE I ER H ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA ]F:MEV1063:25 OPGA E.L. EACH ACCIDENT g 1,000,00 X (Mandatory in NH) E.LDISEASE-EAEMPLOY $ -DISEASE 1,000,00 If yes, describe under 05/12/2017 051121201$ DESCRIPTION OF OPERATIONS below EL - POLICY LIMrr g 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named as additional insured for the Outside land/seating area. Insured location situated at: 102 Washington Beach Ave. Bremerton, WA 98337 CERTIFICATE HOLDER V 1988-2U14 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD V VP119L CL1Ji 1 iulm City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS_ 345 6th Street, Suite 600 AUTHORizED REPRESENTATIVE Bremerton, WA 98337 V 1988-2U14 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD V FIRST MERCURY INSURANCE COMPANY (A STOCK COMPANY) GENERAL CHANGE ENDORSEMENT Policy #: FMEV106325 Effective Date of Policy: 5/12/2017 Endorsement #: 02 Effective Date of Endorsement: 6/2/2017 Named Insured: Manette Yacht Club, LLC DBA: Manette Yacht Club Additional Premium $ 141 Return Premium $ 0 The following change(s) is/are made in this policy: The following form is added to the Schedule of Forms and Endorsements: FMEG200032 09/14: Waiver of Transfer of Rights of Recovery against Others to Us The following is added to the Schedule of Forms and Endorsements: FMEG200033 (09/14) - Primary Insurance - Additional Insured(s) The following Additional Insured is added: City of Bremerton Dated: 6/21/2017 Agent No. This contract is registered and delivered as a surplus line coverage under the insurance code of the state of Washington, Title 48 RCW. It is not protected by any Washington state guaranty association law. TG EverGuard Insurance Services, Inc. Authorized Agent FMEG100002 (10/15) THIS ENDORSEMENT CHANGES YOUR POLICY PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY INSURANCE SCHEDULE Name of Person or Organization: City of Bremerton 345 6th, Suite 600 Bremerton WA 98337 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above and only as, respects to the sole negligence of the Named Insured. This waiver afforded shall not apply to claims, "suits" and/or damages arising in whole or in part out of the acts, omissions, and/or negligence of the Person or Organization shown in the Schedule above. FMEG200032 (09/14) This Endorsement Modifies Your Policy (Effective At Inception Unless Another Date Shown Below) PRIMARY INSURANCE — ADDITIONAL INSURED(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The insurance afforded by this policy for "bodily injury," "property damage" and/or "personal and advertising injury" shall also apply to the "additional insured" listed below for claims, suits, and/or damages made against the "additional insured," but only to the extent the "additional insured" is being held responsible for the acts, omissions and/or negligence of the "named insured." This insurance afforded shall not apply to claims, suits and/or damages arising out of the acts, omissions and/or negligence of the "additional insured(s)." This insurance afforded will be considered Primary Insurance and Noncontributing, but only if such claims, suits and/or damages arise out of the sole negligence of the Named Insured. The inclusion of the "additional insured(s)" shall not operate to increase the Limits of Insurance. To ,the extent, if any, that this policy affords coverage to an "additional insured," the "additional insured" is subject to all of the terms of the policy. Our obligation to provide coverage to an "additional insured" is further limited by the interest of the "additional insured" as defined below. Interest of the Additional Insured(s) Defined: Additional Insured - Managers or Lessors of Premises For the purpose of this endorsement, the "named insured" is the person(s) and/or party(ies) designated on the Declarations Page of the policy or on any endorsement. The "additional insured" is the person(s) and/or party(ies) identified below. Identity of Additional Insured(s): City of Bremerton 345 6th, Suite 600 Bremerton WA 98337 FMEG200033 (09/14)