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HomeMy WebLinkAbout3528 +--------------------------------------------------------------------------+ +Enter Search Criteria, Press Esc Key to Transmit + +Press Del Key to Terminate Delete Mode + + CHANGE Contract Transactions + + Contract Number 3528 + + + +Vendor Name KITSAP COMMUNITY RESOURCES (FORMERLY KCAP) + +Subject EASTPARK HEADS TART FACILITY + +Depart~ent PARKS + +status Code LAN + + Amount $14400.00 + + Begin Date 05/01/1994 + + Insurance End Date 12/31/2014 + + Type Amount Review Date 01/01/2012 + + GL $3000000.00 + + + + + + Insurance Total $3000000.00 + + Insurance Review Date 01/01/2007 + + + + Comments RENEGOTIATION NO EARLIER THAN 2 YRS PRIOR TO END + + CPI INCREASE BEGINS 01/01/05 + + + +-------------------------------------~------------------------------------+ KITSAP COM~IUNITY RESOURCES CONCESSION AGREEMENT THIS AGREEMENT is entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, (hereinafter referred to as "City"), and the Kitsap Community Resources, (hereinafter referred to as "KCR"). Background: 1. The City is the owner of former United States Government surplus property known as "East Park;" and 2. The City and KCR wish to enter into a concession agreement for recreational and meeting facilities to serve the citizens of Bremerton; and 3. The Quit Claim Deed conveying title to East Park dated December 14, 1972, between the City and the United States under Covenant Number Three, provides that the City may provide related recreational facilities and services compatible with City's application through concession agreements entered into with third parties, such as KCR; Provided, however, That prior concurrence to such agreements is obtained, in writing, from the Secretary of the Interior or his delegated representative, the Regional Director of the Western Region, National Park Service, Department of the Interior; and 4. KCR acknowledges and agrees to abide by the limitations and requirements imposed upon the City by the deed of December 14, 1972 which is incorporated by reference; 5. KCR has been operating a facility on the subject property in excess often (10) years under a previous concession agreement. KCR and the City agree that KCR's continued use of the subject property under this agreement shall be the same as that under the previous agreement. In consideration of these mutual covenants and agreements, City agrees to allow KCR to provide services and facilities upon the real property described in Exhibit "A" attached and incorporated by reference. 1. TER/~: KCR shall have the use of the area described as Exhibit "A," upon completion of conditions set forth herein, conm~ncing on the date of this agreement, and continuing for a term often (10) years. Renegotiation of this Agreement shall not occur earlier than two years prior to termination of the then current t~m. As condition precedent, this Agreement shall be subject to the KCR obtaining approval of all necessary state and federal authorities which have power to control disposition or use of the property herein. 2. USE: An existing 4,000 square foot modular building will be used for low- income pre-school child care, senior leisure activities, lectures, and meetings. A pre-school playground has been developed for the KCR pre-school child care program and other park users. KCR will schedule building use for other community non-profit organizations and private parties during non-school hours on terms and conditions comparable to those for similar City park meeting facilities. The playground will be available for public park users during no-school hours. 3. LOCATION OF AREA WHERE ACTIVITIES ARE TO BE CONDUCTED: KCR is to construct and operate its facility in the described as area as attached hereto in Exhibit "A" and by this reference made a part hereof. 4. CONCESSION CONSIDERATION FEES AND COSTS: KCR shall pay an annual concession fee of One Thousand Four Hundred Forty Dollars ($1,440.00) for its use of the portion of East Park, described in Exhibit "A," payable in advance before January 1st of each year. Effective January 1,2005, and on each succeeding January 13. throughout the term of this Agreement, the annual payment shall be adjusted for the coming year by the percentage increase in the Consumer Price Index-Urban (CPI-U) for all U.S. cities as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year. KCR shall maintain any improvements and landscaping of lawn areas in a clean, orderly and safe condition. 5. CONDITIONS SUBSEQUENT: KCR shall meet all the following conditions to keep this Agreement and use project as proposed: 6. OWNERSHIP OF IMPROVEMENTS: All improvements, furnishings, and equipment constructed or installed on the premises by KCR shall be personal property and KCR shall have legal title thereto during the term of this Agreement. Upon expiration or termination of this Agreement, KCR shall be allowed six (6) months to remove permanent improvements. If not so removed, title to ail permanent improvements shall vest in City. Title to all supplies, furnishings, inventories, removable fixtures and removable equipment and other personal property shall remain in KCR and KCR shall have the right to remove such items from the premises unless KCR is in default of this Agreement. If KCR is in default, City shall have the right to retain all property left on the premises. 7. LICENSES, PERMITS AND UTILITIES: KCR shall pay for all licenses, permits and utility fees necessary for KCR to conduct KCR's business on the premises. 8. BIENNIAL REPORTS: KCR shall furnish any and all information that may be required for inclusion in the City's biennial report to the National Pa~k Service, United States Department of Interior. KCR shall submit an annual report to City, not later than one (1) month after the end of each year's anniversary date of the commencement of KCR's performance of this Agreement. This annual report shall summarize the funds collected and expended, improvements made, attendance, hours of operation, operations and programs available for use. 9. RECORDS: KCR shall keep sufficient records of finance, attendance, operations and improvements to provide information required for KCR's annual report and City's biennial report and its compliance with the nondiscrimination clauses herein set out. 10. AUDITS ANI} INSPECTIONS: KCR's records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by City during the performance of this Agreement. KCR further agrees to structure its auditing system in accordance with general accounting standards to be established by City. 11. ASSIGNMENTS/SUBCONTRACTING: KCR shall not assign any portion of this Agreement, except for purposes of financing, without the written consent of City and the National Park Service. Any assignment for other purposes shall be treated as a new concession contract and shall be renegotiated with City. 12. TERMINATION: This Agreement may be terminated upon written mutual agreement between the parties hereto and pursuant to the terms and conditions of this Agreement. City may unilaterally terminate the contract upon three O) months written notice should KCR: a. Materially breach any provision of this Agreement; b. Fail to follow policy of the City's Parks system, as reflected in City's ordinances, roles, regulations and directives; or c. Fall to operate the subject business as a non-profit corporation with membership available to the public as set forth in Section 17 herein. 3 13. HOLD HARMLESS AND INDEMNIFICATION: KCR shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless fi.om any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with KCR's performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. 14. INSURANCE: KCR, at its own expense, shall provide and keep in force with companies acceptable to City public liability insurance for the benefit of KCR and City jointly against liability for bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000.00). KCR shall furnish City with a certificate of such policy within thirty (30) days of the commencement date of this Agreement and thereafter shall satisfy City that such policy is in full force and effect. Such policy shall name City as an additional insured and shall be primary and noncontributing with any insurance carried by City. The policy shall further provide that it shall not be canceled or altered without twenty (20) days prior written notice to City. 15. NONDISCRIMINATION: KCR shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age marital status or disability, except employment actions based on a bona fide occupational qualification. 16. COMPI,IANCE WITH THE LAW: KCR, at its sole expense, shall comply with all laws, orders and regulations of the federal, state and municipal authorities issued pursuant to law which shall impose any duty upon City or KCR with respect to the property. KCR shall comply with the requirements of all policies of public liability, fire and other types of insurance that is, at any time, in force with respect o~to the building and other improvements on the property. 17. SURRENDER UPON TERMINATION: At the expiration of this Agreement, KCR shall surrender the property to City. KCR shall remove any modular buildings, personal property and fixed assets in accordance with these covenants and shall surrender the premises and improvements in a clean and safe condition, ordinary wear and tear excepted. 18. CITY'S RIGItTS/KCR'S DEFAULT: If the property shall be deserted or vacated or if proceedings are commenced against KCR in any court under a bankn~ptcy act for the appointment of a trustee or receiver of KCR's property either before or after commencement of the Agreement te, m or if there shall be a default in the payment of the concessiun fee or any part thereof for more than thirty (30) days after written notice of such default by City, or if there shall be default in the performance of any other covenants, agreements, conditions, rules or regulations herein contained or herea~er established on the part of KCR for more than thirty (30) days after written notice of such default by City, or if there shall be default in the performance of any other covenants, agreements, rules or regulations herein contained or hereafter established on the part of KCR for more than thirty (30) days after written notice of such default by City, this Agreement (if City so elects), shall thereupon become null and void, and City shall have the right to re-enter the property, either by force, summary proceedings, surrender or otherwise, and dispossess and remove there fi.om KCR or other occupants thereof, and their effects, without being liable to any prosecution thereof. In such cases, City may, at its option, put another party in possession of the property. If KCR should notify City that it is borrowing money, then City shall agree to send to any person or firm designated, a copy of any notice required by this Agreement. Any such notice shall specify the name and address to which the notice is to be sent. 19. INTEREST IN PROPERTY: City makes no representation of the title and if, for any reason, City's title to said premises should terminate because of prior rights reserved by the United States Government or other claimant, than all buildings and improvements may be removed fi'om the property by KCR or its agent within six (6) months from the date of said notice. This Agreement shall terminate and KCR shall be under no further obligation to pay a concession fee. This Agreement shall not create or convey an interest in Real Property in KCR. 20. CONDEMNATION: If the property, or any part thereof, is taken by eminent domain, this Agreement shall expire on the date the property is take. The concession payments shall be apportioned as of that date. KCR shall be entitled to be reimbtn'sed its pro-rata share of any condemnation award because of loss of buildings or other structures. 21. ENTIRE AGREEMENT: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 22. SEVERABILITY: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. 23. MODIFICATION: This Agreement may only be modified by written instrument signed by both Parties. 24. WRITTEN NOTICES: All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City_ Addres~ Contractor Address Director Executive Director Bremerton Parks & Recreation IGtsap Community Resources 680 Lebo Blvd. 802 - 7th Street Bremerton, WA 98310 Bremerton, WA 98337 25. WAIVER: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 26. NON-WAIVER OF BREACH: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in flail force and effect. 27. COMPL/ANCE WITlt LAWS: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. 28. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 29. ATTORNEYS' FEES: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year indicated. CITY OF CARY BOZEMAN, Mayor Date · ~AUI~A ~O'~I, City Clerk APPROVED AS TO FORM: KITSAP COMMUNITY RESOURCES Date 7 STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) On this day, before me appeared Cary Bozeman, Mayor of the City of Bremerton. the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this day of ., 20 Notary Public in and for the State of Washington, residing at My appointment expires: STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) On this day, before me appeared ~n.le, n'~, ,~>-~ ~ , the c~¢~-.~-/~ ~..e.c~-.-~ of Kitsap Community Resources. the agency that executed the foregoing instnnnent, and acknowledged the said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute the said instnnnent on behalf of said agency. GIVEN under my hand and official seal this ~' ~4' day of .,r.-/~ ,20,~ ~'. Notary Public in and for the State of Washington, residing at ~ My appointment expires: ~ 8 ~.CRIpTI(~N OF PARCEL IN N'~.' CORNER OF PARK DEPARTMENT PROPERTY ,WN AS EASTPAR~_. ginning at a concre=e monument at the center of Section 12, T2~, ~, W.M. said center of said Section 12 being approximate', at the iter lines of Schley Blvd. and Twelfth Ave; Thence 01.81 feet to the True Point of Beginning; Thence N2°01'25"E At; thence N87°58,35,,W 139.5 feet; thence N29°46'35"W to the itherly margin of Schley Blvd.; Thence Southwesterly along said uth margin to its intersection with the east margin of Hormer nes Dr; Thence southerly along said east margin to its~ ~ersection with a line which bears N87~58'35"W of the TPOB;~ ~nce S87~58'35"E to the TPOB, Except the east 100 feet therof. , +Enter Search Criteria, Press Esc Key to Transmit ~Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 3528 Vendor Name KITSAP COMMUNITY RESOURCES (FORMERLY KCAP) ~Subject EASTPARK HEADSTART FACILITY Department PARKS Status Code LAN Amount $13920.00 Begin Date 05/01/1994 Insurance End Date 12/31/2004 Type Amount Review Date 01/01/2004 Insurance Total $3000000.00 Insurance Review Date 01/01/2005 + ~ Comments RENEGOTIATION NO EARLIER THAN 2 YRS PRIOR TO END + KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT THIS AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, (hereafter referred to as "City"), and the Kitsa9 Community Action Program, (hereinafter referred to as "KCAP"). WI TN ES SETH: WHEREAS, City is the owner of certain former United States Government surplus property known as "East Park"; and WHEREAS, City and KCAP wish to enter into a concession agreement for recreational and meeting facilities to serve the citizens of Bremerton; and WHEREAS, Quit Claim Deed dated December 14, 1972, between the City and the United States under Covenant Number Three, provides that the City may provide related recreational facilities and services compatible with City's application through concession agreements entered into with third parties, such as KCAP; Provided, however, That prior concurrence to such agreements is obtained, in writing, from the Secretary of the Interior or his delegated representative, the Regional Director of the Western Region, National Park Service, Department of the Interior; and WHEREAS, KCAP acknowledges and agrees to abide by the limitations and requirements imposed upon the City by the deed of December 14, 1972, by which the City received title to the subject property and which is incorporated herein by reference; NOW, THEREFORE, in consideration of the mutual covenants and KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT -1- agreements as hereinafter set forth, City agrees to allow KCAP to provide services and facilities hereinafter to be mentioned, upon the real property described in Exhibit "A" attached hereto and incorporated herein by this reference and within the confines of East Park, Bremerton, Kitsap County, Washington. 1. TERM: KCAP shall have the use of the area described as Exhibit "A", upon completion of conditions set forth herein, commencing on the date of this agreement, and continuing for a term of ten (10) years. Renegotiation of this Agreement shall not occur earlier than two years prior to termination of the then current term. As condition precedent, this Agreement shall be subject to the KCAP obtaining approval of all necessary state and federal authorities which have power to control disposition or use of the property herein. Z. USEs Location of 4,000 square foot modular building that will be used for low-income pre-school child care, senior leisure activities, lectures, and meetings. A pre-school playground will be developed for the KCAP pre-school child care program and other park users. KCAP will schedule building use for other community non-profit organizations and private parties during non-school hours on terms and conditions comparable to those for for similar City park meeting facilities. The playground will be available for public park users during non-school hours. 3. LOCATION OF i~/~EA WHERE ACTIVITIES ARE TO BE CONDUCTED: KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT -2- KCAP.AG]- - DISK 10 - 3/2/94 KCAP is to construct and operate its facility in the described as area as attached hereto in Exhibit "A" and by this reference made a part hereof. 4. CONCESSION CONSIDERATION FEES AND COSTS: KCAP shall pay an annual concession fee of One Thousand Four Hundred Forty Dollars ($1,440..00) f~r its use of the portion of East Park, described in Exhibit "A", payable in advance before January 1st of each year. A pre-rated fee for 1994 shall be paid upon execution of this Agreement. KCAP shall maintain any improvements and landscaping of lawn areas in a clean, orderly and safe condition. 5. CONDITIONS SUBSEQUENT: KCAP shall meet all the following conditions to keep this Agreement and use project as proposed: (a) Zoninq. If necessary, KCAP shall obtain appropriate zoning for the premises for the use proposed by KCAP as set forth above. (b) Soil Tests. KCAP shall obtain, at its own expense within one hundred eighty (180) days after the date hereof, soil tests which indicate to KCAP's satisfaction that soil condition is acceptable for KCAP's intended use and unless KCAP notifies City, in writing, of unacceptability of soil conditions within one hundred eighty (180) days, KCAP shall be deemed to have accepte~ soil composition for the purpose of this Agreement. (c) Permits. KCAP shall obtain all necessary permits from appropriate governmental agencies for its respective use as hereinafter defined. (d) Concession approval. City shall obtain required KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT -3- [CAP.AGT - O[$K 10 - ]/2/94 approval from the National Park Service, Department of Interior, for this Concession Agreement. (e) Board of Directors. KCAP shall obtain approval from its Board of Directors to execute this Agreement. city and KCAP shall use every reasonable effort and due diligence to fulfill conditions (a), (b), (c), (d) and (e). In the event any one of said conditions is not met within two hundred forty (240) days after the date hereof, the party who fails to fulfill said condition may cancel this Agreement upon delivery to the other of a written notice of such termination within fifteen (15) days thereafter. 6. IMPROVEMENTS BY CONTRACTOR: Upon execution of this Agreement and approval by Regional Director, National Park Service, United States Department of Interior, or its successor governmental agency, KCAP shall initiate appropriate building permits and reports. Once all necessary permits are obtained, KCAP shall commence construction and installation on the premises of the following improvements and pursue said construction and installation with due diligence. (a) A building with approximately four thousand (4,000) square feet. (b) A pre-school level playground located within the tract described in Exhibit "A" attached hereto. Playground layout and equipment shall be approved by the Parks and Recreation Director. (c} Parking shall be developed within the framework of the Bremerton Building Code. This code allows some joint use of KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT -4- KCAP.AGT - DISK 10 - ~/2/94 parking subject to approval by the Board of Adjustments. Any parking required and not presently improved, shall be improved to City standards by KCAP. The parking lot will be completed prior to the occupancy of the building by KCAP. Additional parking may be required by the City, if necessary. (d) Parking area plans and/or joint use of parking must be approved by the City Council. All improvements of KCAP shall be solely at KCAP's cost and expense and shall be performed in a good workmanlike manner in adcordance with sound construction practices and comply with all building and fire codes of the City of Eremerton. KCAP shall keep the premises and said improvements free and clear of all liens for labor and material and shall hold City harmless from any liability in respect to KCAP's work hereunder. 7. ADDITIONAL CONDITIONS: It is further acknowledged and agreed that: (a) The KCAP shall prove to the City, within twenty-four (24) months, its financial ability and commitment to meet the requirements of this proposed building project. Failure to prove that ability shall allow either or both parties to terminate this Agreement. (b) Parties agree that KCAP is empowered and authorized to secure the necessary services of architects, engineers and others and to consult with them in the designing of the building to be constructed on said property known as East Park. Prior to proceeding to bid on any such facility, the final plan for design shall be approved by both KCAP and'City Council. The purpose of KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT -5- KCAP.AGT - DISK ~0 - this paragraph is to ensure that the facility to be constructed by KCAP shall be harmonious with future structures for the maintenance and operation of the facilities and to keep the building and grounds maintained in a clean and orderly manner. (c) Parties agree that City shall provide specific site plan approval for the site prior to initiation of construction. In the event that site plan approval is not obtained by KCAP from city, this Agreement shall become null and void. 8. OWNERSHIP OF IMPROVEMENTS~ All improvements, furnishings, and equipment constructed or installed on the premises by KCAP shall be personal property and KCAP shall have legal title thereto during the term of this Agreement. Upon expiration or termination of this Agreement, KCAP shall be allowed six (6) months to remove permanent improvements. If not so removed, title to all permanent improvements shall vest in City. Title to all supplies, furnishings, inventories, removable fixtures and removable equipment and other personal property shall remain in KCAP and KCAP shall have the right to remove such items from the premises unless KCAP is in default on this Agreement. If KCAP is in default, City shall have the right to retain all property left on the premises. 9. LICENSES, PERMITS AND UTILITIES= KCAP shall pay for all licenses, permits and utility fees necessary for KCAP to conduct KCAP's business on the premises. 10. BIENNIAL REPORTS: KCAP shall furnish any and all information that may be required for inclusion in the City's biennial report to the National Park Service, United States Department of Interior. KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT -6- [CAP.AGT - D~SK 10 - KCAP shall submit an annual report to City, not later than one (1) month after the end of each year's anniversary date of the commencement of KCAP's performance of this Agreement. This annual report shall summarize the funds collected and expended, improvements made, attendance, hours of operation, operations and programs available for use. 11. RECORDS: KCAP shall keep sufficient records of finance, attendance, operations and improvements to provide information required for KCAP's annual report and City's biennial report and its compliance with the nondiscrimination clauses herein set out. 12. AUDITS A~D INSPEOTIONS: KCAP's records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by City during the performance of this Agreement. KCAP further agrees to structure its auditing system in accordance with general accounting standards to be established by City. 15. ASSIGNMENT/SUBCONTRACTING: KCAP shall not assign any portion of this Agreement, except for purposes of financing, without the written consent of City and the National Park Service. Any assignment for other purposes shall be treated as a new concession contract and shall be renegotiated with City. 14. TERMINATION: This Agreement may be terminated upon written mutual agreement between the parties hereto and pursuant to the terms and conditions of this Agreement. City may unilaterally terminate the contract upon three (3) months written notice should KCAP: (a) materially breach any provision of this KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT -7- ~P.~T - o~s~ ~o - 3/~/~ Agreement; (b) fail to follow any policy of the City's Parks system, as reflected in City's ordinances, rules, regulations and directives; or (c) fail to operate the subject business as a non- profit corporation with membership available to the public as set forth in Section 17 herein. ~5. HOLD HARI~LE88AND INDEI~NIFICATION: KCAP agrees to protect and save City, its elected and appointed officials, agents and employees while acting in the scope of their duties as such, harmless from and against all claims, demands and causes of any action of any kind or character, including cost of defense thereof. Included would be all claims arising out of services performed or omissions of the KCAP and/or its agents, employees, subcontractors or representatives. This provision shall be inapplicable to the extent that the City is judicially found solely negligent for such damage or injury and additionally to the extent that the City is judicially found comparatively negligent as to that portion of its negligence or to the extent that the City is judicially found to be free from negligence. ~6. INSUlt%NeE: KCAP, at its own expense, shall provide and keep in force with companies acceptable to City public liability insurance for the benefit of KCAP and City jointly against liability for bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000.00). KCAP shall furnish City with a certificate of such policy within thirty (30) days of the commencement date of this Agreement and thereafter KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT -8- KCAP.AGT - DZSK 10 - ~/2/94 shall satisfy City that such policy is in full force and effect. Such policy shall name City as an additional insured and shall be primary and noncontributing with any insurance carried by City. The policy shall further provide that it shall not be cancelled or altered without twenty (20) days prior written notice to City. 17. NONDISCRIMINATION: KCAP shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 18. COMPLIANCE WITH THE LAW: KCAP, at its sole expense, shall comply with all laws, orders and regulations of the federal, state and municipal authorities issued pursuant to law which shall impose any duty upon City or KCAP with respect to the property. KCAP shall comply with the requirements of all policies of public liability, fire and other types of insurance that is, at any time, in force with respect to the building and other improvements on the property. 19. SURRENDER UPON TERMINATION: At the expiration of this Agreement, KCAP shall surrender the property to City. KCAP shall remove any modular buildings, personal property and fixed assets in accordance with these covenants and shall surrender the premises and improvements in a clean and safe condition, ordinary wear and tear excepted. 20. CITY'S RIGHTS/KCAP'S DEFAULT: If the property shall be deserted or vacated or if proceedings are commenced against KCAP in any court under a bankruptcy act for the appointment of a trustee KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT -9- K~P.AGT - DISK 10 - or receiver of KCAP's property either before or after commencement of the Agreement term or if there shall be a default in the payment of the concession fee or any part thereof for more than thirty (30) days after written notice of such default by City, or if there shall be default in the performance of any other covenants, agreements, conditions, rules or regulations herein contained or hereafter established on the part of KCAP for more than thirty (30) days after written notice of such default by City, or if there shall be default in the performance of any other covenants, agreements, conditions, rules or regulations herein contained or hereafter established on the part of KCAP for more than thirty (30) days after written notice of such default by City, this Agreement (if City so elects), shall thereupon become null and void, and City shall have the right to re-enter the property, either by force, summary proceedings, surrender or otherwise, and dispossess and remove therefrom KCAP or other occupants thereof, and their effects, without being liable to any prosecution thereof. In such cases, City may, at its option, put another party in possession of the property. If KCAP should notify City that it is borrowing money, then City shall agree to send to any person or firm designated, a copy of any notice required by this Agreement. Any such notice shall specify the name and address to which the notice is to be sent. ZX. INTEREST IN PROPERT¥~ City makes no representation of the title and if, for any reason, City's title to said premises should terminate because of prior rights reserved by the Untied States Government or other claimant, then all buildings and improvements KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT --10-- KCAP.AGT - DiSK 10 - 3/2/94 may be removed from the property by KCAP or its agent within six (6) months from the date of said notice. This Agreement shall terminate and KCAP shall be under no further obligation to pay a concession fee. This Agreement does not create an interest in the land in KCAP. ZZ. OO~D~A~ION: If the property, or any part thereof, is taken by eminent domain, this Agreement shall expire on the date the property is taken. The concession payments shall be apportioned as of that date. KCAP shall be entitled to be reimbursed its pro-rata share of any condemnation award because of loss of buildings or other structures. z3. A~PLIO~%BLE LAW; V~UE: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year indicated. CITY OF BREMERTON ~-~a~t~%~ BY: ~O~TJYMa~yor ATTEST: KATHLEEN McCLU~EY, Clerk VlCKI VANNEMAN, Parks and Recreation Director IAN R.~IEVERS, City Attorney KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT --ll-- KCAP.AGT - DISK 10 ' 3/2/94 KITSAP COMMUNITY ACTION PROGRAM Date J STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me ~y ~/£f and -- , respectively, the ~<~¢ ~(~ __ and ~ of Kitsap Community Action Program, the agency that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that __he__ was/we~ authorized to execute said instrument. GIVEN under my hand and official seal this ~/ day of Notary'~ubl~c in and for the State of Washington, residing at ~ .... ~ My appointment expires: 3~ ~ /f~7 STATE OF WASHINGTON ) : SS. COUNTY OF KITSAP ) On this day personally appeared before me Mayor Lynn Horton, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, respectively, of the City of Bremerton, the City that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN [er hand and official seal this /~/~ day of ; N~-'~ublic in and for the Stateof : ~ o-~Washington, residing at ~:~, My appointment expires: KITSAP COMMUNITY ACTION PROGRAM CONCESSION AGREEMENT --12-- KCAP.AGT - OISK 10 - :)/2/94