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HomeMy WebLinkAbout3703 Contract Number: 3703 Vendor: PORT OF BREMERTON Subject: Roadway Co -Use - Olympic View Industrial Park Department: Forestry File Class: LEG 12 -1 Begin Date: 01/01/1996 End Date: 12/31/2010 Review Date: 11/01/2010 Vault Date: Comments: Automatic one year renewals OLYMPIC VIEW INDUSTRIAL PARK ROADWAY CO-USE AGREEMENT (Port of Bremerton and City of Bremerton) THIS AGREEMENT is made and entered into as of the q~ day of ~ , ~ by and between the PORT OF BREMERTON, a Washington municipal corporation hereinafter referred to as "Port", and the CITY OF BREMERTON, a Washington municipal corporation hereinafter referred to as "City". W~REA,q, the Port is the owner of that certain real property in Kitsap County, Washington, legally described as follows, to wit: The South half of the North half of the Northeast quarter of Section 11, Township 23 North, Range 1 West, W.M., in Kitsap County, Washington (hereinafter the "Port Property"), and W'I-IE~.q, City is the owner of property lying directly north of the above described property, described as follows, to wit: The North half of the North half of the Northeast quarter of Section 11, Township 23 North, Range 1 West, W.M. and the Southeast quarter of Section 2, Township 23 North, Range 1 West, W.M., all situated in Kitsap County, Washington (hereinafter the "City Property"), and WI-IE~, the City of Bremertun operates an approved biosolids application area on portions of the City Property, and, also occasionally schedules logging activities, and 3~[KilF.,A~, the City's normal access to this area may from time to time be temporarily terminated by City construction projects, and WHE~, access to the biosolids application area and future logging areas on City property from the Port road system would be of benefit to the City, and WHEREA.~, the City owns and operates the Gold Mountin Golf Course adjacent to Port property, and 3~:[F.~I~.~, use of the Port road system by the Bremerton Parks and Recreation Depam~ent for access to the proposed Gold Mountain Golf Course Maintenance Facility as primary employee access and occasional commercial track deliveries would be of benefit to the City, and W~IE~, a previously licensed "Roadway Area" constructed by Port Orchard Sand and Gravel (POSG) and Alpine Evergreen Company (AEC) would provide necessary access across Port Property as requested by the City, and Co-Use A~eement/City of Bremerton - 12/6/95 W}IIg~REA~. the license agreement between the Port and POSG and AEC provides for other uses of the "Roadway Area" with written approval from the Port, and ~, Port Orchard Sand and Gravel President, Dean Morgeli, and Alpine Evergreen Company President, Rod Reid, have indicated no objection to the City's use of their Roadway Area, and WHE~AS, the Port has reviewed the limited use intended by the City (for one 6,000 gallon truck, five trips per weekday, and occasional weekend use, future scheduled logging, and daily employee vehicle access and occasional commercial truck deliveries), and the potential impact on the industrial park roads. ~[OJl~, the Port hereby approves the co-use of the POSG and AEC Roadway Area by the City of Bremerton under the following terms and conditions. 1. RD~,D3~]LL~: The Port hereby grants to the City, permission to co-use the POSG/AEC Roadway Area (Exhibit A) and Imperial Way at their sole cost and expense. The City shall hold harmless, defend and indemnify the Port from and against any and all liability or claims of liability with respect thereto. Any damages to any of the Port's property in connection with or incidental to the City's use of said roads shall be promptly repaired by the City at their sole cost and expense. The City shall coordinate use of the roadway with POSG/AEC, including clean up of any debris incidental to the City's operations, which shall be the responsibility of the City. 2. FUTURE RE-LOCATION BY PORT: The Port, during the term of this agreement, may relocate the roadway at its sole cost and expense. 3. INDUSTRIAL PARK ROAD SYSTEM: The City may also operate vehicles on Imperial Way, a roadway generally available to the public, so long as they abide by all roles and regulations relating thereto, including, but not limited to, speed limits and weight restrictions. The City by their activities within the industrial park, shall not unreasonably disturb the quiet enjoyment thereof by tenants of the industrial park. 4. ~RM: This agreement shallbe for a term of one year, January 1, 1996, through December 31, 1996, unless sooner terminated as hereinafter provided. Provided further, that so long as the City is not in default or breach of any of the terms, provisions and conditions hereof, this agreement shall automatically renew for an additional year each January 1, upon the same terms and conditions as set forth herein. 5. I~,R3~.~IATIO~: This agreement may be revoked by the Port at any time during the term hereof, or any extended term with 30 days notice to the City. Co-Use Agreement/City of Btemerton - 12/(~95 Page 2 6. NONCES: Notices called for herein shall be in writing to the parties as set forth below, to wit: PORT OF BREMERTON ATI'N: Executive Director 8850 SW State Hwy 3 Port Omhard, WA 98366 CITY OF BREMERTON A'I'I'N: Forestry Manager 3027 Olympus Drive Bremerton, WA 983104799 or to such other address(es) as any party may hereinafter designate in writing to the others. 7. GOVERNING LAW AND VENI~,: TNs agreement shall be governed by the laws of the State of Washington and venue for any action or proceeding hereunder shall lie in Kitsap County, Washington. In the event of any dispute between the parties arising out of the interpretation or enforcement of this agreement, the prevailing party in any action or proceeding to resolve the same shall be entitled to recover their costs and expenses incurred, including a reasonable sum for attorney's fees. 8. ~II~I~[{~]~LT: This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors in interest. 9. ~: The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this agreement shall not be construed as a waiver or estop the said party from seeking such redress or insisting upon strict performance in the future. 10. ENTIRE AGREEMENT: This agreement contains the entire agreement between the parties. Any change, modification or amendment hereto must be in writing signed by the parties hereto. Co-Use Ag~menffCity of Bremerton - 12/6t95 IN WITNESS WHEREOF the parties hereto have caused this instrument to be executed as of the day and year fn'st written above. USER: GRANTOR: CITY OF BREMERTON FI~ORT OF BREMERTON Mayor [ l~sident, Port of Bremerton Co-~m~nis'-s?o'~~--'- ' Date Date ~~: ,r:,' Appro to f : ~Port Attorney - C,o- Us~ Agre~men~K~ity of Bremetton - 12/6/95