HomeMy WebLinkAbout1_-_Original_Submission__Park_Use_Agreement_(i9_Sports-Pendergast_9-2023)
1 – Parks & Recreation Use Agreement ([Name of Business])
(Property Use Only – No filming)
PARKS & RECREATION 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
M&M Sports, LLC ("Permittee").
WHEREAS, City is the owner of certain real property in the City of Bremerton, Kitsap
County, Washington, commonly known as Pendergast Regional Park located at 1199 Union
Ave, Bremerton, Washington.
WHEREAS, Permittee desires to utilize the Property for recreational sports programs and
the City is willing to authorize such use; and
WHEREAS, the Director of Parks & Recreation (hereinafter “Director”), at his
discretion, may authorize the non-exclusive use of the Property on a limited basis for classes and
programs 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: The City hereby authorizes Permittee the non-exclusive use of the Property
for the purpose of conducting recreational sports programs. (“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 scheduled days and times,
mutually agreed to and approved by the Director or his/her designee.
Additional dates may be agreed upon by the Director and Permittee in writing
if requested by Permittee. The City may change the date upon thirty (30) days
written notice to Permittee. See Exhibit A for a detailed list of the planned
classes and programs. Additional programs may be added to Exhibit A upon
written notice to Director and subject to Director’s approval and agreement by
Permittee.
(b) The Use shall commence no earlier than 9:00 AM on Saturdays, including all
set-up and clean-up. 15 minutes after program end time will be allowed for
clean-up.
(c) The Use will be exclusive, and Permittee agrees to only use as much space on
the Property as necessary and approved for Permittee’s activity. Permittee
may close off only the area(s) of the Property necessary for its Use.
(d) Permittee shall not exceed the number of approved participants allowed on the
Property, not including staff and any other individuals associated with
Permittee’s activities.
DocuSign Envelope ID: 9FF1607A-749B-45D7-867F-5F4AEC855B65
2 – Parks & Recreation Use Agreement ([Name of Business])
(Property Use Only – No filming)
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. CONSIDERATION: In consideration for the Use, Permittee shall pay a field
use fee of $23.00 per hour per field. Permittee will provide the City with attendance reports that
include dates of use and number of participants and registration fees collected for each day
within 15 days of the conclusion of each session. Permittee will be billed for use following
receipt of the required attendance report.
5. TERMINATION: This Agreement shall terminate on December 31, 2023. 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.
6. 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.
DocuSign Envelope ID: 9FF1607A-749B-45D7-867F-5F4AEC855B65
3 – Parks & Recreation Use Agreement ([Name of Business])
(Property Use Only – No filming)
The provisions of this section shall survive the expiration or termination of this
Agreement.
7. INSURANCE: 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
connection with the Use by PERMITTEE, its agents, representatives, employees, or
subcontractors.
Prior to the date of Use, PERMITTEE shall provide to the City a Certificate of Insurance
evidencing:
(a) 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; 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.
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.
8. 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.
DocuSign Envelope ID: 9FF1607A-749B-45D7-867F-5F4AEC855B65
4 – Parks & Recreation Use Agreement ([Name of Business])
(Property Use Only – No filming)
(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
BY: __________________________ BY: _________________________
JEFF ELEVADO TYLER MENDEZ
Parks & Recreation Director M&M Sports, LLC
680 Lebo Blvd. 2350 S. Alaska
Bremerton, WA 98310 Tacoma, WA. 98405
(360) 473-5305 817-888-0437
Tyler.mendez@i9sports.com
DATE: __________________________ DATE: __________________________
Approved as to form:
__________________________
KYLIE J. FINNELL, City Attorney
DocuSign Envelope ID: 9FF1607A-749B-45D7-867F-5F4AEC855B65
8/30/20238/31/2023