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Contract Number
Vendor.
Sub�ect:
Department
File Class:
Begin Date:
End Date:
Review Date.
Vault Date:
5144
DEBORAH GRAY
License Agreement for Vittles
Engineering
LEG 12-1
4/17/2012
Comments: Month-to-month lease
�
LICENSE AGREEMENT
AGREEMENT made and entered into as of the ��� day of 1`I 2012, by
and between the CTTY OF BREMERTON, a Washington munici corporation ("Crty"),
and Deborah Gray, sole proprietor of "Vittles".
WHEREAS, City is the owner of certain real property in the City of Bremerton, Kitsap
County, Washington, commonly irnown as 1116 Chazleston Beach Road, legally
described on Ezhibit A attached here�o and by this reference made a part hereof
(hereinafter "City Property"); and
WHEREAS, Licensee desires to utilize a portion of City Property for:
Opera.tion of a mobile food vendor at the location of 1116 Charleston Beach Rd.;
NOW, TI�REFORE, in considetation of the mutual benefits to be derived, it is agreed:
License and Conditions. City agrees to provide Licensee this non-exclusive hcense to
utilize a portion of City Properly upon the following conditions:
A. Use: This license is granted to Licxnsee for u� of a portion of City Property,
approximately 30 feet long by 30 feet wide along the southeasterly portion of the
parking lot; bordered by the building and the row fence for Hwy 304, described m
Ezhibit B attached hereto and by this reference made a part hereof ("License
Property") for the purpose of: selling food from a mobile unit; plus the ability to
have
B. Te ri �e term of this license shall be on a month to month basis commencmg
Ap 2012, Commencement Date,
unless othervvise terminaxed as provided in Section 4 below.
C Payment: in consideration for the granting of this license, License,e shall pay the
City a total of three hundred fifty dollars & No1100 ($350.00) per month due and
payable prior to Licensee's use of the License Property, plus a three h�mdred fifty
dollars & No/100 ($350.00) refundable deposit
Leasehold Excise Ta1c: Pursuant to RCW 82.29A.020(1), the use of the property
pursuant to this agreement falls within the definition of leasehold interest,
therefore, even though this agreement is not for a lease, it is still subject to the
leasehold tax set forth in Chapter 82.29A RC�. Accordingly, in addition to the
Ba�e License Payment, Licensee shall pay a leasehold excise tax, pursuant to
RCW 82.29A.030, on all �.yment amounts �id to the City, currently m the
amount of 12.84 percent of the base License Payme�t and as may be acijusted
pursuant to Ch. 82.29A RCW. Licensee shall �y the I.easehold tax with the
monthlY PaYment
License Agreement —
1116 Charleston Beach Road
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 sha11 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
F. Licensee shall maintain the License Property in good condition, shall clean any
debris and litter daily during operation, and shall be responsible for any properiy
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.
G This license is non-assignable.
H Licensee shall pay for power usage on the property; by transfemng the power
account into licensee's name
2. Indenuufication. Licensee shall defend, indemnify and hold the City, its officers,
officials, employee.s, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, includi.ng 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 porhon of the injuries and damages ca.used by the City's sole negligence
Should a court of competent jurisdiction determine that tlus 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 res�ilting 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 FUR'TI�R SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES TI� LICENSEE'S
WAIVER OF I�vIlvIL�TITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW,
SOLELY FOR TI-IE PURPOSES OF THIS II�TDEMNIFICATION. 1'HE PAR'TIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED
THIS WAIVER.
The provisions of this section sha11 survive the expiration or termination of this
Agreement.
3 Insurance. Licensee shall procure and maintain for the duration of this license, ulsurance
against claims for injuries to persons or damage to property that may arise from or m
connection with the operation of this License by Licensee, its agents, representat�ves,
employees, contractors or subcontractors.
2
License Agreement —
II16 Charleston Beach Road
By the eff�tive date of this License Agr�ement, Licensee shall provide a Certificate of
Insurance evidencing:
Commercial General Liabilitv insurance written on an occurrence basis
with limtts no less tha.n $500,000 combined single limit per occurrence
and $SOO,OOQ aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion,
collapse and underpround (XCI� if applicable; and employer's liability
Any payment of deductible or self retention shall be the sole responsibility of
Licensee.
The City shall be named as an additional insured on the insurance policy, with respect to
the operation of this License by or on behalf of Licensee, and a copy of the endorsement
naming the Crty as additional insured shall be attached to the Certificate of Insurance.
Licensee's insurance shall contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or sait is brought, except with respects to the
limits of the insurer's liability.
4 Ter�unation. City ma.y ternunate this License at rts sole discretion, for convemence or
otherwise and for no consideration or damages.
5 Modification. This License may not be modified, altered, or amended unless first
approved in wrifiing 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
othenNise resolve their dispute, then final resolutioa of the dispute or claim shall occur
solely under the jurisdiction and venue of the Kitsap Couniy Superior Court, and each
party sha�l be responsible for its own legal costs aud attorney fees incurred in defending
or bringing that claim or lawsui�
7. Binding, Effec� This Agreement shall be bindi.ng upon and inure to the benefit of the
parties hereto and their respective successors.
8 Entue A�reement. Tlus License Agreement document contams the entire agreement
between the parties and, in executing it, City and Licensee do not rely upon any
sta.tement, 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.
�j
License Agreement —
1116 Charleston Beach Road
10. Notices. Any notice desired or requuad to be given hereunder sba11 be in writing, and shall
lie deemed received three days a�fter deposit with the U.S. Postal Service, postage fiilly
prepaid, certified mail, return receipt requested, and addressed to the garty to wluch it is
intended at its last known address, or to such other person or address as either parry shall
designate to the other from time to time in writing forwarded in like manner.
City of Bremerton
Public Works Departrnent
Engineering Division
c/o Gunnar Fridnksson
3027 Olympus Dr
Bremerton, WA 9831 U
V ittles
c/o Deborah Gray
P.O. Box 126
Tahuya, WA. 98588
11. Severabihtv. In the event that one or more provisions of tlus Agreement shall be
determined to be invalid by any court of com�tent jurisdiction or agency having
jurisdiction thereof, the remainder of the Ag�+eement 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 ot wluch
shall be deemed an original but all of wtrich together shall constitute one and the same
mstrument
IN WITNESS WHEREOF, this License Agreement is executed and shall become
effective as of the last date signed below.
CITY OF BREMERTON II� 1 t"� I� ,�
� � � �
Print Nam : !L " �Z Print : Deborah Gray
Its• /�'If,NJ1r "�
Date.� % "��2 Date: April X1, 2012
��� I � �
A
C�ty AttomeyR �Legal�Lega1�F ensesU,tcense Agrec.�ne.nt 1116 Charleston Beach Rd doc
4
Licersse Agreement —
1116 Charleston Beach Road
Krtsap Counry Assessor's Ta�c Descr�pt�on
'I'ax Description
Taa Account No
222401-4-126-2002
22241E
Process No
2539039
— �
� ■ � �
S�tus Address
PARCEL I: T�AT PORTION OF TI�E FOLLOWING DESCRIBED TRACT IN
GOVERNMENT LOT 2, SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNT�', WASHINGTON, LYING NORTHWESTERI.Y OF PRiMARY STATE
HIGHWAY NO. 21, AS CONVEYED TO THE STATE OF WASHINGTON BY DEED
RECORDED UNIDER AUDITOR'S FILE NO. 307791 AND LYING SOU'I'HERLY OF THE
OLD NAVY YARD HIGHWAY: BEGINNING AT A PO1NT ON THE SOU�'HERLY MARGIN
OF SAID OLD NAVY YARD HIGHWAY 1.02 FEET EAST OF THE INTERSECTION
THEREOF WITI� THE NORTH SOUTH CENTERLIN� OF SAID SECTION; THENCE
NORTHEASTERLY ALONG SAID SOUTHERLY MARGIN 1038.09 FEET TO THE TRUE
POINT OF' BEGINNING; THENCE SOUTH 52*00' EAST 652.64 FEET TO TI-IE INNER
HARBOR LINE; 'I'HENCE NORT�-I 56*49'48 EAST ALONG SAID INNER HARBOR LINE
73.96 FEET TO A POINT 207 FEET SOUTHWESTERLY, AS 1V�EASURED ALONG SAID
INNER HARBOR I.INE, FROM THE INTERSECTION THEREOF WITH THE
SOi1T�IEASTERLY PRODUCTION OF THE SOUTHWESTERLY MARGIN OF
MCCOLLOM AVENUE, AS DELINEATED ON THE FACE OF '�HE PLAT OF An"DERSON'S
BAY VIEW ADDITION TO PORT ORCHARD, ACCORDING TO PLAT RECORDED IN
VOLUME 2 OF PLATS, PAGE 43; THENCE NORT�-I 48*33'15 WEST, PARALLEL WITH
SAID PROIDUCED LINE, 713.04 FEET TO THE CENTERLINE OF COUNTY ROAD N0.154
(NOW VACATED); THENCE SOUTHWESTERLY ALONG SAID CENTERLINE 119.43
FEET, MORE OR LESS, TO A POINT W�-IICH BEARS NORTH 52*00' WEST FROM 'THE
TRUE POINT OF BEGINNING; THENCE SOUTH 52*00' EAST 92.50 FEET TO THE TRUE
PO1NT OF BEGINNING; TOGETHER WITH THE SOUTHERLY 15 FEET IN WIDTH OF
THE OLD NAVY YARD HIGHWAY, AS VAC'ATED BY ORDER ENTERED IN VOLUME 6
OF COIVIMISSIONERS JOURNAL, PAGE 457. »>EXCEPT FOR THAT PORTION
CONVEYED TO T� STATE OF WASI�INGTOIV FUR SR304, U1VD�R AUDI'TOR'S FI9.E
NO. 200111200119, RECORDS OF KITSAP COUNTY, WASHINGTON, AND AS FOUND
WITHIN T�IAT CERTAtN MAP OF I)EF[NITE I�OCATION NOW OF RECORD AND ON
FILE IN THE OFFICE OF THE SECRETARY OF TRANSPORTATION AT OLYMPiA, AND
BEARING DATE OF APPROVAL OCTOBER 30,1998, REVISION
PENDING.»>TOGET�-IER WITI� THAT POR'TION OF VACATED CHARLESTON BEACH
ROAD, AS DESCRIBED MORE FULLY UNDER AUDITOR'S FILE NO. 201010060299, AS
ATTACHES PER OPERATION OF LAW. »>PARCEL II: L 2& BLiC 21 CHARLESTON TLS
A TRI TR OF LAND LYING BTW 2 STATE RDS IMMEDIATELY W OF BREMERTON N.Y
MORE PARTICULARLY DES AS FOLS BEG AT CEN LN OF SUMMIT AVE & ELY MAR
OF MC CUI.,LOM AVE S�18�41' E AY.G ELY MGN OF MC MULLOM AVE 229.03FT S 41*19'
W 260FT TO INITiAL PT OF 'THIS DES N 48*41' W 33.lOFT N 69*26' E 81.73FT S 45x40' W
72.44FT TO BEG »>EXCEPT FOR THAT PORTION CONVEYED TO THE STA'I'E OF
WASHINGTON FOR SI2304 UNDER AUDITOR'S FILE NO. 200104160142, RECORDS OF
KITSAP COUNTY, WASHINGTON, AND FOUND WITHIN THAT CERTAIN MAP OF
IDEFINITE LOCATION NOW OF RECORD AND ON FILE IN THE OFFICE OF THE
SECRETARY OF TRANSPORTATION AT OLYIVIPIA, AND BEARING DATE OF
APPROVAL OF OCTOBER 30,1998 AND REVISED SEPTEMBER 15, 2000.»>TOGETHER
WITH THAT PORTION OF VACATEI9 CHARLESTON BEACH ROAD, AS I)�SC�tIBED
MORE FULLY UNDER AUDITOR'S FILE NO. 201010060299, AS ATTACI�ES PER
OPERA�'ION OF LAW.
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LICENSE AGREEiVlENT
PORTION OF
GOV'T LOT 2
SEC. 22, T. 24N., R.1 E, W. M.
KITSAP COUNTY, WA
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