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HomeMy WebLinkAbout6640 DocuSign Envelope ID: D4D22763-9817-42F1-A652-12D2E2D658CF STREET USE AGREEMENT This Agreement is made and entered into as of the date fully executed below, by and between the CITY OF BREMERTON, a Washington municipal corporation ("City"), and ROBERT GILBERT, ("PERMITTEE"). WHEREAS, City is the owner of certain real property in the City of Bremerton, Kitsap County, Washington, commonly known as the alley located between 320 Pacific Avenue and 523 4th Avenue in Bremerton, Washington 98337(hereinafter "Property"); and WHEREAS, PERMITTEE desires to utilize the Property for one day for the purpose of filming and the City is willing to authorize such use; and WHEREAS, the Director of Public Works & Utilities (hereinafter "Director"), at his discretion, may authorize the exclusive use of City streets on a limited basis for special events and activities in accordance with department policies. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the parties hereto, it is agreed: 1. INCORPORATION OF RECITALS: The foregoing Recitals are incorporated herein by this reference and made a part hereof. 2. USE: City hereby authorizes PERMITTEE the exclusive use of the Property for the purpose of filming a scene for a school project ("Use"). The following parameters must also be met, and are included in the definition of"Use": (a) PERMITTEE's Use of the Property is limited to one weekend day in February of 2024 as follows: February 25, 2024. Another date may be agreed upon by the Director and PERMITTEE in writing if requested by PERMITTEE, and an additional fee may be required by the City. The City may change the date upon thirty (30) days written notice to PERMITTEE. The City may change the date upon shorter notice in case of an emergency; this change must be reasonable and must only occur if the City needs to use the Property for an unforeseen repair or other similar circumstance. (b) The Use shall commence no earlier than 8:00 a.m. and end no later than 4:00 p.m., including all set-up and clean-up. (c) The Use will be exclusive, and PERMITTEE agrees to only use as much space on the Property as is absolutely necessary for PERMITTEE's filming activity. PERMITTEE may close off the area(s) of the Property necessary for its Use. (d) The filming is for six scenes; no action scenes, stunt work, or other physical activity beyond normal street activity are allowed under this Agreement. 1 — Use Agreement DocuSign Envelope ID: D4D22763-9817-42F1-A652-12D2E2D658CF (e) PERMITTEE shall allow no more than thirteen (13) people on the Property, including actors, staff, and any other individuals associated with PERMITTEE's activities. 3. USE CONDITIONS: PERMITTEE, for itself and its successors and assigns, covenants as follows: (a) This authorization is given only for the above stated Use. Any extension or modification of the scope of the Use must be approved in writing by the Director. (b) PERMITTEE shall maintain the Property in good condition and shall be responsible for any damage resulting from its Use. (c) PERMITTEE shall be responsible for the clean-up and removal of litter, debris, equipment and all other items resulting from its Use. (d) PERMITTEE will inform the Director or his designee of any damage to the Property immediately. (e) No sale of any items shall take place on the Property. (f) No alcohol or non-prescribed drug shall be consumed on the Property, and no person under the influence of any such substance shall be allowed onto the Property by PERMITTEE. 4. TERMINATION: This Agreement shall terminate upon completion of the Use. In the event PERMITTEE fails to observe or perform any of the covenants, conditions, or provisions of this Agreement, the Director or his designee may immediately terminate PERMITTEE's Use. 5. INDEMNIFICATION: PERMITTEE 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 PERMITTEE's Use of the Property pursuant to this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES PERMITTEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES 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. 6. INSURANCE: The PERMITTEE shall procure and maintain for the duration of its Use, insurance against claims for injuries to persons or damage to property arising from or in 2 — Use Agreement DocuSign Envelope ID: D4D22763-9817-42F1-A652-12D2E2D658CF connection with the Use of the Property by PERMITTEE, its staff, agents, representatives, employees or subcontractors associated with PERMITTEE's activities. To the extent PERMITTEE wishes to exclude actors from all required insurance coverage for subcontractors under this Agreement, PERMITTEE must provide the City with waivers signed by the actors that explicitly cover the City within the waivers. Prior to the date of Use, PERMITTEE shall provide to the City a Certificate of Insurance evidencing: (a) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and (b) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 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 underground (XCU) if applicable; and employer's liability. The above insurance limits do not affect PERMITTEE's duty to indemnify the City in the event the limits are insufficient to cover any injury or damage that may occur in connection with the Use of the Property. Any payment of deductible or self-insured retention shall be the sole responsibility of PERMITTEE. The City shall be named as an additional insured on the insurance policy, with respect to PERMITTEE's Use of the Property, 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 all the required insurance policies. PERMITTEE'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. PERMITTEE's insurance shall be primary and non-contributory 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 up PERMITTEE 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 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. 3 — Use Agreement DocuSign Envelope ID: D4D22763-9817-42F1-A652-12D2E2D658CF The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of duplicate of the insurance policy with all endorsements as evidence of coverage. 7. MISCELLANEOUS PROVISIONS: The following provisions apply to this Agreement: (a) Governing law and Venue. This Agreement shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by the state courts of Washington with venue in Kitsap County, Washington. (b) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (c) Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements, representations, or warranties shall be of no further force or effect and are superseded by this Agreement. (d) Severability. In the event that one or more provisions of this Agreement are determined to be invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year signed below. CITY OF BREMERTON PERMITTEE DocuSigned by: p DrocuSigned by: vit aitkirt BY: BY: 1BAF46095E8E/4/13... .E.2 •••: A43A... Mayor Robert Gi bert DATE: 2/1/2024 DATE: 2/1/2024 Approved as to form: DocuSigned by: l w ? 52ACB &fB0462... City Attorney 4— Use Agreement DocuSign Envelope ID:D4D22763-9817-42F1-A652-12D2E2D658CF CITY OF BREMERTON PUBLIC WORKS STREET CLOSURE INFORMATION TO: CITY OF BREMERTON FROM:(Robert Gilbert PUBLIC WORKS & UTILITIES COMPANY: Olympic College FAX: (360) 473-5398 FAX: I PHONE: k360) 662-6800 PHONE: (360) 473-5717 DATE: 119124 WORK SCHEDULED FOR THE WEEK OF: 12/25124 FROM: 102125/24 TO: 102/25124 - (STARTING DATE) (ENDING DATE) What street is closed/restricted: 320 Pacific Avenue and 523 4th Ave in Bremerton(98337) INCLUDE WHAT TYPE(St.,Ave., PI., Ct.&directionals NE,SW,etc.) From what cross street: 4th Ave INCLUDE WHAT TYPE(St.,Ave., PI., Ct.&directionals NE,SW,etc.) To what cross street: 'Pacific Ave INCLUDE WHAT TYPE(St.,Ave.,PI., Ct., etc.&directionals NE,SW,etc.) Days of the week: Sunday (e.g.Monday-Friday/Tuesday—Thursday/etc.) Work Hours: FROM: . 08:00 TO: I 4:00 PM e.g. 7:30 a.m.to 4:00 p.m.) What type of restriction: Close Alley Additional restriction info: (e.g. 1 lane closed intermittently/road closed/no public access/alternating traffic,etc) No Public Access Select One Select One Select One Type of work: Filming (e.g. asphalt overlay/water main installation/culvert repair/paving,etc) Other remarks or information: Please submit completed form to: E-mail cathy.bonsellOci.bremerton.wa.us Or by fax at 360 473-5398 BY Thursday 10:00 AM PRIOR TO THE WEEK THAT THE WORK IS TO BE DONE. (If you have any questions, please contact 473-5717) ST CLSUR Submission Revised 08/01/18 DocuSign Envelope ID: D4D22763-9817-42F1-A652-12D2E2D658CF Policy Number FLM 1402144-00 This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Bremerton 345 Sixth Street, Suite 100 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.) A. Section II —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to"bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. If the contract between the additional insured and you requires that the insurance afforded by this policy be primary and noncontributory, this insurance shall be primary and noncontributory but only as to the general liability policy(ies)where that additional insured is listed as the named insured on the declaration page(s)of such policy(ies). All other terms and conditions of this policy remain unchanged. GBA 104025 1108 DocuSign Envelope ID: D4D22763-9817-42F1-A652-12D2E2D658CF POLICY NUMBER: FLM1402144-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Bremerton 345 Sixth Street, Suite 100 Bremerton, WA 98337 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: 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. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0