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HomeMy WebLinkAbout3669 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 3669 BREMERTON SCHOOL DISTRICT Legion Field - Funding Finance LEG 12-1 08/09/1995 08/01/2015 07/01/2015 / FUNDING AGREEMENT Legion Field THIS AGREEMENT made and entered into this ~-- day of __ ~~ , 1995, by and between the City of Bremerton, a municipal corporation, (hereinafter referred to as "City") and Bremerton School District No. 100-C, a municipal corporation, (hereafter referred to as "District"). WHEREAS, the District owns a baseball field located on Sheridan Avenue within the City of Bremerton; and WHEREAS, the District has leased the premises to American Legion Post No. 68, for development and operation of a ballfield, said lease being terminable by the District for school purposes upon ninety (90) days notice; and WHEREAS, the City wishes to donate funds for the redevelopment of the District's field for use of the City's organized youth baseball teams; now, therefore, WI TNE S SETH: 1. FUNDING PURPOSE. The City agrees to disburse Forty-four Thousand Dollars ($44,000.00) To the District to be expended on property improvements to the premises described in Exhibit "A" attached hereto and incorporated by reference herein for use as a youth baseball field and accessory parking. 2. REIMBURSEMENT OF DONATION. The District shall reimburse the above donation, pro-rated annually over a twenty year period- following disbursement, if the property's use as a youth league baseball facility is discontinued at any time during this period. FUNDING AGREEMENT --1-- LEGIt. FA - Agreements Disk 12 - 7/15/95 This obligation to reimburse all or a portion of the City's donation shall terminate after the twentieth year following disbursement. 3. NONDISCRIMINATION. The facility funded with the City's proceeds shall not be operated in a manner that discriminates on the basis of sex, race, color, creed, or national origin, age, marital status, physical, mental or sensory handicap unless based on a bona fide occupational qualification. 4. ~ENERAL PROVISIONS: a. Assignability - The District shall not assign any interest in this Agreement and shall not transfer any interest in same (whether by assignment or novation) without the prior written consent of the City thereto. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There is attached hereto and incorporated by reference as part of this Agreement Exhibit "A". c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to the District or by the District to the City shall be in writing and delivered to the parties at the following addresses: FUNDING AGREEMENT -2- LEGIt. FA - Agreements D~sk 12 - 7/13/95 city Clerk Bremerton School District 239 Fourth st. 300 North Montgomery Bremerton, WA. 98337 Bremerton, WA. 98312 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - The District agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. BREMERTON SCHOO~DIS~R. ICT Dat~ / -~ ~'~ ~ CITY OF BREMERTON Date LYN~N HORTON, Mayor FUNDING AGREEMENT -3- LEGIt. FA - Agreements Disk 12 - 7/13/95 ~A~ FORM: IAN R. SIEVERS, Bremerton City Attorney RECEIVED FO~ FILING: KATHLEEN L. #cCLUSKEY, CLERK FUNDING AGREEMENT -4- LEGION.FA - Agreements Disk 12 - 7/13/95 .EXHIBIT "A" That portion of East High School site commencing at center of the intersection of Spruce Street and the north line of 29th street extended, thence easterly 160 feet to the true point of beginning, thence northerly 400 feet thence easterly 350 feet, thence southerly 400 feet, thence westerly 350 feet to the true point of beginning with the exception of the existing parking lot along the westerly line. That portion of East High School site commencing at center of the intersection of Spruce Street and the north line of 29th street extended, thence easterly 160 feet to the true point of beginning, thence northerly 400 feet thence easterly 350 feet, thence southerly 400 feet, thence westerly 350 feet to the true point of beginning with the exception of the existing parking lot along the westerly line.