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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