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LICENSE AGREEMENT
THIS AGREEMENT is made and entered into as of the 111 day of April, 2018, by and
between the CITY OF BREMERTON, a Washington municipal corporation ("City"), and
KITSAP PROVISIONS, INC. ("Licensee").
WHEREAS, City is the owner of certain property 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 April 1, 2018,
("Commencement Date") and ending March 31, 2019, 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 two hundred dollars ($200.00) 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
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
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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 6' Street, Suite 400,
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.
5. 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. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors.
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License Agreement
8. 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
Kitsap Provisions, Inc.
2485 NE William E. Sutton Rd.
Bremerton, WA 98311
Attn: S t -MO kpaLl4S
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 B MERTON
By:
Printed Name: Jeff Elevado
Its: Director of Parks and Recreation
Date:��Zt�/`
Approved as to form:
City Attorn
KITSAP PRO, I IO , INC.
By:
Printed Name: 54 -AO SkPPt,UL 1 IJ S
Its:
Date.
License Agreement
Louis Mentor Boardwalk
Port of Bremerton Building
CITY OF BREMERTON
MANETTE YACHT CLUB, LLC
Louis Mentor Boardwalk
License Property Availability
2018
EXHIBIT C
The License Property will not be available for use on the following dates and times due to
scheduled events.
Date
Time
9/1/18
10:00 a.m.-7:00 p.m.
9/2/18
10:00 a.m.-6:00 p.m.
9/3/18
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:
5/3-5/5/18 8:00 a.m.-5:00 p.m.
5/26 & 27/18 8:00 a.m.-6:00 p.m.
7/7/18
2:00-10:00
p.m.
7/14/18
2:00-10:00
p.m.
7/20/18
4:00-9:00 p.m.
7/21/18
12 Noon -6:30 p.m.
7/28/18
2:00-10:00
p.m.
8/4/18
2:00-10:00
p.m.
8/11/18
2:00-10:00
p.m.
8/18/18
2:00-10:00
p.m.
8/25/18
2:00-10:00
p.m.
Trawler Festival
Kitsap Harbor Festival
Rock the Dock Concert
Rock the Dock Concert
Bremerton Summer Brewfest
Bremerton Summer Brewfest
Rock the Dock Concert
Rock the Dock Concert
Rock the Dock Concert
Rock the Dock Concert
Rock the Dock Concert