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HomeMy WebLinkAbout3775 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 3775 BREMERTON - PORT OF Runway Use - EVOC Training Fire/Police LEG 12-1 10/01/1996 06/15/2011 Indefinite Term Review date for tracking only USE AGREEMENT CITY OF BREMERTON IT IS HEREBY understood and agreed by and between the PORT OF BREMERTON, a municipal corporation under the laws of the State of Washington, hereinafter referred to as "Port", and CITY OF BREMERTON, a municipal corporation under the laws of the State of Washington, hereinafter referred to as "User", for and in consideration of their mutual agreements, covenants, and promises herein contained as follows: The Port and the User agree that the primary purpose of the Bremerton National Airport is to promote and develop aviation related and commemial activities, and further, that Bremerton National Airport is currently being developed for increased commercial, industrial, and aviation related use. As a natural consequence of such development, it is understood by the parties hereto that there will be increased usage of airport property for these purposes in the future, and as further consideration for the execution of this use agreement by the Port, City of Bremerton, its officers, agents and members do waive for itself and themselves, its and their heirs, assigns, and successors, any claims for damage because of cancellation of this agreement. City of Bremerton acknowledges and agrees that this agreement can be cancelled with notice by the Port as provided in Section 14, and without liability to the Port. 1. USE: The Port hereby agrees to permit the User to utilize Runway 16/34 at Bremerton National Airport during the term of this agreement for the purpose of conducting emergency vehicle operators course by the City of Bremerton Police Department and/or City of Bremerton Fire Department. Training cor,ducted hereunder shall be conducted at the south end of Runway 16/34, hereinafter referred to as the premises, described on the attached exhibit "A", and incorporated herein by reference as though fully set forth as a part of the Agreement. 2. CLEARANCE WITH AIRPORT CONTROl: Each period of use of the premises must be requested by the User in advance on an as needed basis, and approved by the Port's Executive Director or designee, who shall be the official liaison between the User and the Port. 3. ~,J~M: The term of this agreement shall be month to month, beginning April 1, 1997. Notice of termin.~tion b~,, User shall be giv,~n thirty (30) day.-' in advance. 4. RENT: The User agrees to pay to the Port in advance, the sum of ONE HUNDRED and No/DOLLARS ($100.00) plus applicable taxes per day of use. Rates shall be reviewed on an annual basis, and may be increased during the term of this agreement based on the formula as outlined by Resolution 95-45, attached. User will be notified in writing in the event a change in rates is implemented. Delinquency fees will be assessed if rent is not paid when due, at the rate of one percent (1%) per month, minimum $3.00. City of Bmme~ton (EVO~) Use Agreement- 4/I/97 5. REMOVAL OF IMPROVEMENTR: Any alterations, additions and improvements consented to by the Port shall be made at User's expense. The User shall remove any improvements, equipment or facilities which it has placed on the premises without damage to the real property or improvements thereon, including runways, taxiways, and adjacent areas immediately following conclusion of each scheduled use. 6..,,~,_C_UBI]~: Security of User's or invitees' property shall be the sole responsibility of the User. User shall prevent attendees and participants from traversing or accessing any and all parts of the Port of Bremerton, Bramerton National Airport facility exept those areas open to the public and that area designated herein for User's purposes, and specified ingress and egress thereto. Further, the User shall take such action as is reasonably necessary to inform its participants of the requirement to obey traffic laws and speed limits when using neighborhood streets to access or depart the premises. The Port reserves the right to cancel this agreement without notice if, in its sole opinion, the misuse of neighborhood streets has resulted from the actions of the user and participants. 7. ACCESS FOR MAINTENAN~-r:.. The User shall have the right of access to the premises for the purpose of maintenance and preparation for any event held under this agreement. This access will be accomplished only from the east side of the airport property on the County road referred to as "Old Clifton Road". 8. M~JJ~: The User shall maintain the area in a clean and orderly manner at each session. Spills of all hazardous substances must be cleaned according to current federal, state, and local environmental regulations, and must be immediately reported to the Port. 9. ~: The User assumes all risks, including but not limited to, loss of or damage to equipment or property of the User, of participants, or any other person on the premises under the terms of this agreement, or of equipment or property used or stored on the premises under the terms of this agreement. 10. ~,,%,~_GJ~IMEJ~: This use agreement may not be assigned nor may the premises herein be sublet in any fashion by the User to another organization or person. 11. COMPLIANCE WITH LAWS AND REGULATIONS: Users of the Bremerton National Airport facility-under *.he terms of thic use agreement are subject to the rules and regulations of the Federal Aviation Administration, its agents, and/or inspectors, and all applicable Port, state, county, or federal laws, including but not limited to, those laws related to the use, handling, and disposal of oil and petroleum products. The use of [he premises provided herein shall at all times be subject to suspension or cancellation for emergency air traffic situations or requirements at the sole discretion of the Port. 12. INSURANCE AND INDEMNITy: The Usdr agrees to hold the Port harmless from any liability and/or suits for such injuries as any person might receive or believe he City of Bremerton (EVOC) Use Agreement- 4/1/97 has received from the acts or omissions of the User, their agents or employees, or any other person(s), while operating on the Bremerton National Airport, including the expense of litigation. The Use[ further agrees to provide property insurance in an amount not less than $1,000,000 and liability and bodily injury insurance in an amount not less than $1,000,000 and to submit a copy of such insurance policy or evidence thereof to the Port office. The Port shall be named as an additional insured on all policies. No event under the terms of this agreement shall commence during any period until such evidence of the specified coverage is presented and approved by the Port. 13. I~[Q_T_J_C.E~: All notices required to be given herein shall be given to the respective parties by mail at the following addresses: PORT: The Port of Bremerton 8850 SW State Highway 3 Port Orchard, WA 98366 USER: City of Bremerton 239 4th Street Bremerton, WA 98337 14. ~;~.[.~,~: The Port reserves the right, upon 90 days notice, to cancel the use agreement in whole or in part, at the sole discretion of the Port. In the event of an emergency, as determined by the Port, this agreement may be cancelled without notice. The Port will strive to provide as much notice as possible in the case of emergency cancellation. In this event, the User will be released from all liability, and prepaid monies will be prorated and retumed. IN WITNESS WHEREOF, the parties hereto have executed this use agreement this ~'c~'- dayof /~] r,-~,~ ~/ /q9'7 CITY OF BREMERTON PORT OF BREMERTON A Municipal Corporation A Munlcip~al Corporation President'and Commissioner (Secret~/and Commissioned Oommi~ioner Approv_~t-..~as to form: Port Attorney Date d~_7-~- -y ~ ~/ City of Bmmerton (EVOC) Use Agreement- 4/lD7 PORT OF BREMERTON SHORT TERM USE AGREEMENT Authorized by Resolution 92-7 of , by and between the PORT OF BREMERTON, a municipal corporation organized under the laws of theState of Washington, hereinafter referred to as 'Port', and CITY OF BREMERTON FIRE DEPARTMENT, hereinafter referred to as 'User', for and in consideration of the mutual agreements, covenants, and promises herein contained as follows: USE: The Port hereby agrees to permit the User to utilize INACTIVE RUNWAY 16/34 at the Port's Bremerton National Airport facility for the purpose of BREMERTON FIRE DEPARTMENT EVOC TRAINING, and for no other use. User shall be responsible for correction of any and all property damage which may occur on or to the premises related in any way to User's activity. User acknowledges that they have viewed the facilities and accept them in their current condition as appropriate for their intended use with no further modifications by the Port. (Use area sketch ~( is _is not attached.) TERM: The term of this agreement shall be from October 1, 1996 through September 30, 1997, on an as needed basis, not to exceed a total number of 30 days. (Limited to 30 days by Resolution 92-7,) Request for each periodic use shall be approved in advarce by the Executive Director or designee. ~,~aJ~: This agreement is not assignable or transferable in any fashion. RENT: The User agrees to pay the Port five days in advance, $100.00 plus applicable taxes, per day ct use. .~: The User assumes all risks, including but not limited to, loss of or damage to equipment or properly of Ihe User, of participants, or any other person on the premises under the terms of this agreement, or of equipment or property used or stored on the premises under the terms of this agreement. ~;_C..U~: Security of User's or invitees' property shall be the sole responsibility of the User. User shall prevent attendees and participants from traversing or accessing any and all parts of the Port of Bremerton, Bremerton National Airport facility, except those areas open to the public and that area designated herein for User's purpose, and specified ingress and egress thereto. INSURANCE AND INDEMNITY; The User agrees to hold the Port harmless from any liability and/or suits for such injudes or property damage as any person might receive or believe he has received from the acts or omissions of the Port, Ihe User, their agents, or employees, or any other person(s) using the premises under the terms of this agreement, while operating on the Port of Bremerton, Bremerton National Airport facility, including the expense of litigation. The User further agrees to obtain liability insurance for properly damage and bodily injur~ in an amount not less than $1,000,000, and to provide the Port with a certificate of insurance, with ~he Port named .~s an additional insured, unless modified by the Port as indicated below. No event or use permitted under the terms of this use agreement shall commence until such evidence of insurance is presented to and approved by the Port. User agrees to assume full responsibility for the conduct of all persons involved in the said use of Port of Bremerton property. City of Bremmlon Fire DepL EVOC 10/1/96-9/30/97 Page 1 COMPLIANCE WITH LAWS AND REGULATIONR: Usam of the Bramerton National Airport facility under the terms of this agreement ara subject to the rules and ragulations of the Federal Aviation Administration, its agents, and/or inspectors, and all applicable Port, state, county, or federal laws, including but not limited to, lhose laws ralated to the use, handling, and disposal of oil and petroleum products. The use of the premises provided herain shall at all times be subject to suspension or cancellation for emergency air traffic situations or requiraments at the sole discretion of the Port. ~: This agreement is subject to immediate termination with or without cause by the Port. No written notice is required. Signed this/,,~'"~ day of __~d~p-.~,,, USER: PORT OF BREMERTON Signature Executive Director or Designee ) Print I~ame and Title Date Address 4/J~,.~l ~-~'~'- Insurence Requirement Modification: C~isslon ~-,proval receded from: Date and Initial loll/p ~ - ~ City of Bremerlon Fire Dept. EVOC 10/1/96-9/30/97 Page 2 ! EXHIBIT 'A' / ~iiie'' RUNWAY. 18/34 1.9 WITHIN DOTTED. LINES acce~ Port of Bremerton Bremerton National Airport I