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HomeMy WebLinkAbout51440 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. close this window ) http //kcwppub2 co kitsap wa us/pls/ilisw/online_lis_�nfo�kg tax_desc�p_m_rp_acct_id=2539039 Page l of 4/3/201 C�3�I0 � �i� � LICENSE AGREEiVlENT PORTION OF GOV'T LOT 2 SEC. 22, T. 24N., R.1 E, W. 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