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HomeMy WebLinkAbout5719Navy License #: N44255 -17 -RP -00045 LICENSE AGREEMENT Range — Firearms Training - THIS LICENSE AGREEMENT, hereinafter referred to as "Agreement", made and entered into between the CITY OF BREMERTON, whose address is 345 Sixth Street, Suite 600, Bremerton WA 98337, hereinafter referred to as "City" and the United States of America, acting by and through the Department of the Navy, Naval. Facilities Engineering Command Northwest (NAVFAC-NW), hereinafter referred to as "Licensee".' NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1. DESCRIPTION OF PREMISES. The City hereby licenses the following described premises during the term of the License: FIRING RANGE: located '/4 mile north -of the Gold Mountain Golf Course on the old Belfair Highway, 6581 West Old Valley Road, Bremerton, Washington 98312 Licensee acknowledges that the City and other licensees use the Premises. Days of use shall be scheduled thirty days in advance and will be accommodated on a first scheduled basis. 2. TERM: This agreement shall become effective on September 1, 2017 ending on August 31, 2018 for up to thirty (30) days use during the term of the license. To schedule use of the range contact the Bremerton Police Range Master. This agreement may be renewed on an annual basis by license modification to be signed by both parties. 3. RATE: License is granted in consideration of mutual benefits to be derived. 4. EXPENSES: Licensee shall supply all weapons, ammunition, targets and other supplies used in its target exercise. 5. MAINTENANCE AND REPAIR: The City shall, unless herein specified to the contrary, maintain the premises in good repair and condition during the continuance of this agreement, except in case of damage arising from the negligence of the Licensee's agents or employees. For the purposes of so maintaining the premises, the City reserves the right, at reasonable times, to enter and inspect the premises and is to make any necessary repairs to the building. Licensee, shall clean up all Licensee garbage and debris after use. 6. ENVIRONMENTAL LIABILITY: To the extent allowed by law, the City shall agree to indemnify, save, defend, and hold harmless the Licensee, its officers, agems, servants and employees from and against any and all environmental liability resulting from the Licensee's use of the premises to include the potential, removal, treatment, disposal or cleanup of any toxic or hazardous substance as required under any applicable environmental law or regulation, including but not limited to the . Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C. § 1906 et seq. 1 of 2 BPD Range License Agreement Revised: 10/12 Navy License #: N44255 -17 -RP -00045- 7. 44255 -17 -RP -00045 7. TERMINATION: This agreement may be terminated by either party, without cause, by giving written notice of not less than thirty (3 0) days prior to the effective date of the termination. Pro „ata'fe f nds f6f the femaining pr-epaid ental ter -fn shall be (WAIVED). 8. VARIETY SUPERVISION: Licensee shall provide and require the presence of their own qualified range officer at all times during which the Licensee's personnel are using the premises. To assure safe operations, the Licensee's range officer shall have full authority and responsibility to direct the activities of those authorized by the licensee to use the range and shall halt any activity found to be unduly hazardous. IN WITNESS WHEREOF the parties hereto have executed this agreement the date and year indicated. LICENSEE: BY: 'V+ MICHAEL D. BRADY Real Estate Contracting Officer CITY OF BREMERTON: Date: BY: Date: 31 PATTY VT Mayor DEPARTMENT APPROVAL: Date: STEV STRACHA Chief of Police APPROVED AS TO FORM: Date: 30 /7 ROGER LUBOV C City Attorney RE C IVED FOR FILING: SHANNON CORIN City Clerk BPD Range License Agreement 2 of 2 Revised: 10/12