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Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 3127
WILSON JENNINGS CORP
4320 Kitsap Way
Engineering
ROW File Class
LEG 16-3
$3000000.00
03/01/2005
$
08/18/1989
12/31/2005
02/15/2007
GL
AL
E&O
$2000000.00
$1000000.00
$
Insurance Total
Insurance Review Date
Vault 01/01/2007
RIGHT-OF-WAY USE PERMIT
THIS AGREEMENT, made and entered into this I~ day of
~ , 1989, by and between the City of Bremerton, a
municipal corporation, hereinafter referred to as "City," and
Wilson Jennings, Corp., a duly organized corporation, hereinafter
referred to as "Permit Holder."
WHEREAS, permit holder desires to display an advertising sign
to be erected on City property on a thirty-two (32) square foot
right-a-way located at 4320 Kitsap Way, Bremerton, Washington; and
WHEREAS, vacation of this portion of Kitsap Way is impractical
and undesirable at this time; and
WHEREAS, the value of said property is nominal at the date of
the signing of this permit, no compensation is payable. However,
reasonable compensation may be payable to the City in the future;
and
WI TNES SETH:
1. The City hereby grants to permit holder the use of said
right-of-way over the following real property:
32 Square Feet located on City right-of-way in front
of and adjacent to 4320 Kitsap Way.
Said property shall be used for the sole purpose of displaying a
sign, and for no other purpose. This is a right-of-way use permit
only and may be revoked at any time by the City.
2. It is understood that said sign shall be erected and
displayed in full compliance with the City of Bremerton Zoning
Ordinance and all other pertinent laws and regulations.
3. It is understood that because the value of the property
is nominal at the date of the signing of this permit, no
compensation shall be payable to the City of Bremerton. However,
should the value of the property substantially increase, the City
shall have the discretion to require reasonable payment of
compensation for the use of said property. Should the permit
holder refuse to render reasonable payment, this permit shall
terminate upon thirty (30) days written notice from the city.
Should compensation be required in the future, permit holder
agrees that at the beginning of each successive year after the
month of January, the monthly rent shall automatically be adjusted
by the change in the "All Items" category of the Consumer Price
Index for all Urban Consumers as published by the United States
Department of Labor, Bureau of Labor Statistics, All Urban
Consumers, U.S. City Average, provided, that rent shall not, in any
case, decrease.
4. This property is not subject to vacation. Any use of this
property pursuant to this Agreement is interim use only and subject
to termination upon duly given notice.
5. It is understood and agreed that this use permit is not
assignable and that this Agreement shall continue in effect from
year to year unless terminated by either party.
6. It is understood and agreed that this right-of-way use
permit may be terminated by either party, without cause, upon
thirty (30) days' written notice. Termination notice shall be
effective on the date of mailing and served upon the parties as
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indicated below:
City Clerk Ron Wilson and Bob Jennings
239 Fourth Street Wilson Jennings Corp.
Bremerton, WA 98310 4320 Kitsap Way
Bremerton, WA 98310
7. Prior to and during the period of this Agreement, permit
holder shall provide the Risk Manager for the City evidence that
it has obtained and maintains in full force and effect during the
term of this Agreement, a policy of public liability insurance in
an amount of not less than $250,000.00, to include injury to, or
loss of life of, any individual person; personal injuries suffered
in each occurrence; and property damage suffered in each
occurrence, which may be related to permit holders occupancy of the
above-described property. Said insurance shall name the City of
Bremerton as an additional insured. Permit holder shall furnish
a copy of this policy to the City for review by the Risk Manager.
city's Risk Manager shall be provided thirty (30) days' written
notice of any cancellation of said public liability insurance.
Permit holder agrees to defend, indemnify, and save harmless
the City, its appointed and elected officers and employees, from
and against any and all liability, loss, costs, damage and expense,
including costs and attorney fees in defense thereof because of
actions, claims, or lawsuits for damages resulting from personal
or bodily injury, including death at any time resulting therefrom,
sustained or alleged to have been sustained by any person or
persons and on account of damage to property, arising or alleged
to have arisen directly or indirectly out of or in consequence of
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or the performance of this Agreement, whether such injuries to
persons or damage to property is due to the negligence of the
permit holder, its subcontractors, agents, successors, or assigns.
This provision shall be inapplicable to the extent that the City
is judicially found solely negligent for such damage or injury.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the date and year first above written.
WILSON JENNIN~.
Co-Owner
BY:~
CITY OF BREMERTON
LOBE,
ATTEST:
KATHLEEN L. McCLUS~Y~, C erk
TO FORM:
SAN R.~ SIEVERS
City Attorney
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