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oo Contract Number 3909 --
. .Vendor Name
. .Subj ect
, .Department
· .Status Code
OUR LADY STAR OF THE SEA
SIGN & READER BOARD - 6TH STREET & VENETA
ENGINEERING
ROW
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Amount
Begin Date
End Date
Review Date
Insurance
Type Amount
GL $500000.00
Insurance Total
Insurance Review Date
- -
$250.00 =r=
01/01/1998 . .
12/31/2002
02/15/2005
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$500000.00 - .
07/01/2005 - -
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Comments TYPE C ROW PERMIT - 2003
i" VAULT 01/01/2005 --
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+ CHANGE Contract Transactions
+ Contract Number 3909
tVendor Name OUR LADY STAR OF THE SEA
"Subject SIGN & READER BOARD - 6TH STREET & VENETA
'~epartment ENGINEERING
"Status Code ROW
+
+
+
,l,
Insurance
Type Amount
GL $500000.00
Amount
Begin Date
End Date
Review Date
$250.00
01/01/1998
12/31/2002 ..
10/01/2004
Insurance Total
Insurance Review Date
$500000.00
07/01/2005
t
Comments
SENT COPY TO ENGINEERING 03/2003 - TYPE C ROW PERMIT?
CONTRACT EXPIRED
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LEASE OF CITY RIGHT-OF-WAY
Our Lady Star of the Sea
6th Stree~ & Veneta
THIS LEASE is made and entered into this ~/~, day of ~7~cc~ , 19 ~, by
and between the CITY OF BREMERTON, a municipal corpor~tio~ hereinat~er referred to as
"Lessor", and OUR LADY STAR OF THE SEA, hereinafter referred to as "Lessee".
WITNESSETH:
In consideration of the covenants, promises and terms contained herein, the parties hereby
agree as follows:
1. Leased Premises. Lessor hereby leases to Lessee and Lessee hereby leases from
Lessor the following described real property:
That portion of the Lessor's property upon which a sign support wall is
constructed by Lessee.
Approximately 6 square feet adjacent to Lessee's northeast
property coroer located at the intersection of 6th Street and Veneta
depicted on the site plan attached as Exhibit "A'.
2. ~ Term. The term of this Lease shall be five (5) years, commencing on the ~
day of ~_~.~, 19 ~[, and terminating five (5) years thereai~er, unless sooner
terminated gccording to tt~e provisions herein.
3. Rent. Lessee shall pay Lessor for the rent of said premises the sum of Fii~y and
No/Dollars, ($50.00), to be paid annually the first payment due on the commencement date.
4. Use of Property. Lessee shall have the use and occupancy of the Premises for the
purpose of installing the improvements of signage and landscaping. No setback, buffer, or
parking required by any development permit, nor any building, shall be located on the leased
premises.
5. Repairs and Maintenance. Lessee agrees to accept all responsibility for
maintenance of all improvements placed on the leased property by the Lessee and to keep the
leased premises and any such improvements thereon in a state of good repair and to maintain them
at all times so as not to cause any safety hazard nor visual blight on the property.
6. Ownership of Improvement. All improvements erected by Lessee on the
property shall remain the property of Lessee.
ROW LEASE - Page 1
7. Removal of Improvement~. Improvements shall be permanently removed by the
Lessee at the termination of the Lease or upon sixty (60) days written notice from the City
Engineer at such time the City finds it necessary to modify the use of the premises. If the required
removal is not completed within the time stipulated by the City Engineer, the City is authorized to
have the removal work done and the cost thereof including administrative and leg, al fees shall
become a civil debt of the Lessee and shall be a lien against the Lessee's property. Also, the City
Engineer may, without notice, remove the improvements as necessary to repair utilities or other
public facilities. The City has no obligation to reconstruct or replace such improvements.
8. Compliance with l~w. In the use of the property, Lessee shall fully comply with
all applicable federal, state, county and municipal laws, ordinances and regulations.
9. Assignment and Sublease. Lessee shall not assign or transfer its interest in this
Lease, or sublet the property or any pans thereof, or permit the property to be used for any
purpose not permitted by this Lease, without the prior written consent of the Lessor. Any
attempt to assign or transfer an interest in this Lease shall be cause for immediate termination.
10. Insurance. Lessee, at its own expense, shall provide and keep in force with
companies reasonably acceptable to Lessor comprehensive general liability insurance in the
amount of not less than $1,000,000 per occurrence for bodily injury and properly damage. Lessee
shall provide the Lessor's Risk Manager with a certificate ofinsorance evidencing this coverage
and indicating that the Lessee is an additional named insured thereunder. Thirty (30) days
advance notice to Lessor of cancellation shall also be provided.
11. Indemnification. Lessee hereby agrees to defend and indemnify and hold
harmless the Lessor from any and all claims, lawsuits, damages, or actions or liability which may
arise from the Lessee's use of seid property pursuant to this Lease. No employees or agents of
Lessee shall be considered employees or agents of the Lessor.
12. Termination. After a period of one (1) year from the date of the commencement
of this Lease, either party may terminate this Lease by furnishing to the other party, by registered
mail, a notice of termination at lease ninety (90) days prior to the intended date of termination. If
Lessee defaults in the payment of rent, or breaches any other covenant or condition of this Lease,
Lessor may declare a fori~eiture of this Lease for such default, reenter the property, and remove
the improvements, upon ten (10) days written notice to cure breach or default and Lessee fails to
do so.
13. Notices. All notices to be given by either of the parties hereto to the other party
shall be in writing and may either be delivered personally or may be deposited in the United States
M_ail, postage prepaid, as either certified or regular mail, addressed as specified below, or to such
other designate in writing.
ROW LEA~E- Pa~ 2
Lessor: Lessee:
City Clerk Father Joseph Mitchell
239 Fourth Street Our Lady Star of the Sea
Bremerton, WA 98337 1513 6th Street
Bremerton, WA 98337
14. Waiver of Default. No waiver of default by either party of any of the terms,
covenants, and conditions hereof to be performed, kept and observed by the other party shall be
construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants,
and conditions herein contained, to be performed, kept and observed by the other party.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first
hereinabove written.
LESSEE
Dated: By: ,~
CITY OF BRE~-RTON
LYNN $. HORTON, Mayor
DEPARTMENTAL APPROVAL:
APP~tOVED AS TO FORM:
MALANCTk, City Attorney
ROW LEA~E - 1~ 3
State of Washington )
) SS.
County of Kitsap )
On this ~ day of ~ ,19 ~ , personally appeared Lynn S.
Horton to me known to be the May~r o~the City ofBremertun, a municipal corporation, that
executed the within and foregoing instrument, and acknowledged said instrument to be the flee
and voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that she was authorized to execute said instrument.
In witnesa Whereof I have hereumo set my hand and affixed my official seal the day and
year first ~
it ~ ~O~k'~'"-..'"'~ NotarYl~blic~andfortheSt~eofWashington
REC~rVED FOR
L. M~?,LIISKE¥, City
ROW LE~E. Pa~ 4