HomeMy WebLinkAbout6102 LICENSE AGREEMENT
Pendergast Regional Park
This LICENSE AGREEMENT("Agreement")made and entered into as of the 7 day of
AO LLJ , 2020, by and between the CITY OF BREMERTON, a Washington municipal
corporation("City"), and KITSAP COUNTY, a Washington political subdivision("Licensee").
WHEREAS, on March 12, 2020, the Mayor of Bremerton executed a Proclamation of
Emergency relating to the COVID-19 outbreak;and
WHEREAS,on March 8,2020,the Director of the Kitsap County Department of Emergency
Management issued a proclamation of emergency in response to the cases of COVID-19 identified in
Kitsap County,which was adopted by resolution of the Kitsap County Board of Commissioners on
March 9,2020.
WHEREAS, on February 29, 2020, the Governor of Washington State executed a
Proclamation of Emergency relating to the COVID-19 outbreak,which proclamation was amended
by the Governor on March 23,2020 and again on March 24,2020;and
WHEREAS, City is the owner of certain real property in the City of Bremerton, Kitsap
County,Washington,commonly known as the Pendergast Regional Park,which includes the parking
lots, located at 1199 Union Ave W,Bremerton,WA and legally described as set forth in Exhibit A,
attached hereto and incorporated herein by this reference(hereinafter"City Property"); and
WHEREAS, the Licensee's Emergency Operations Center, operating pursuant to mission
number 20-0265,desires to utilize the City-owned parking lot adjacent to the Olympic Sports Center
that is located in the City Property to stage vehicles to proceed for testing for the community based
testing site located adjacent to the City Property. Licensee desires to utilize the parking lot for
purposes of providing mobile emergency services on a temporary basis operational as required by the
State/County; and
WHEREAS,the Mayor finds that it is in the best interest of the public health and welfare,to
temporarily authorize the use of City Property for supplying emergency services to assist in
responding to the COVID-19 outbreak and to suspend regulations as authorized by the Proclamation
of Emergency, including, but not limited to, relating to the procurement requirements pursuant to
Chapter 2.76 BMC,the leasing of property pursuant to Chapter 2.78 BMC,and the use of City parks
pursuant to Chapter 13.12 BMC, as applicable;and
WHEREAS, due to the conditions resulting from this situation,the parties hereto desire to
enter into this Agreement for emergency protective measures at the direction and guidance of public
health officials in response to COVID-19; and
WHEREAS,use of the City Property for the purposes identified herein will be beneficial to
the health and safety of the public.
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License Agreement-Pendergast Regional Park
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 use of a portion of City Property as
described in Exhibit B, attached hereto and by this reference made a part hereof
("License Property") for the purpose of providing a location to stage vehicles to
proceed for testing on a temporary basis for the community based testing site located
adjacent to the City Property.
B. Term: This license shall take effect immediately upon execution and remain in effect
until terminated pursuant to Section 4 below.
C. Payment: In consideration of the mutual benefits to be derived,no payment will be
required for 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 shall reasonably cany 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 will work cooperatively with the City to provide security/staff to control
access to the License Property and restrict access by unauthorized individuals. (The
• park is closed to the public until further notice. Only authorized DEM/FEMA
personnel, City Staff, Olympic Peninsula Sports Center Staff and approved
individuals to be tested will be allowed access.)
G. Licensee shall secure the License Property by locking the access gate at the end of
each day's use.
H. Licensee shall maintain the License Property in good condition,shall clean any debris
and litter,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. Licensee agrees to restore License
Property to its original condition upon the completion of use.
I. 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
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License Agreement—Pendergast Regional Park
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.
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 damage 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 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 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.
Automobile Liability insurance with limits no less than$1,000,000 combined single
limit per accident for bodily injury and property damage;and
Excess Liability insurance with limits not less than$1,000,000 limit per occurrence
and aggregate;and
Workers Compensation insurance as statutorily required by the Industrial Insurance
Act of the State of Washington, Title 51, Revised Code of Washington and
employer's liability with limits not less than$1,000,000.
Any payment of deductible or self-insured 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 City 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 suit is brought,except with respects to the limits
of the insurer's liability.
4. Termination. Either party may terminate this license at their sole discretion,for convenience
or otherwise and for no consideration or damages, with 48 hours prior notice to the other
party.
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License Agreement-Pendergast Regional Park
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 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.
8. Entire Agreement. This 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(3)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
Sheridan Parks Recreation Center
680 Lebo Blvd
Bremerton,WA 98310
Kitsap County
Elizabeth Klute, Director
Emergency Management Department
Kitsap County
911 East Carver Street
Bremerton, WA 98312
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(2)or more counterparts,any of which
shall be deemed an original but all of which together shall constitute one and the same
instrument.
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License Agreement—Pendergast Regional Park
IN WITNESS WHEREOF,this Agreement is executed and shall become effective as of the
last date signed below.
CITY OF RRI MERTON KITSAP COUNTY
By: W�,.+�—Q — By:
Print Nara . •eg Wheeler Print Name: Elisabeth Klute
Its:Mayor Its:Director,Department of Emergency Management
Date: Li ('t 20 20 Date: 4/-
Approved as to form:
Ci Attorney
R:1Legal\LegallFonnsU.ieenses\License Agreement-Form 201 1.doc
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License Agreement—Pendergast Regional Park