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HomeMy WebLinkAbout4155 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4155 KITSAP CONSERVATION DISTRICT Native Plant Salvage Program Forestry GOV File Class LEG 12-1 $ 01/01/2001 10/31/2006 02/15/2008 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Vault 01/01/2008 INTERLOCAL LEASE AGREEMENT BETWEEN THE BREMERTON DEPARTMENT OF PUBLIC WORKS & UTILITIES AND THE KITSAP CONSERVATION DISTRICT WHEREAS, the Bmmerton Department of Public Works & Utilities (hereinatter referred to as "Lessor"), owns a parcel of land located north of the West Belfair Valley Road, Kitsap County, Washington legally described in item 1 below; and WHEREAS, the Kitsap Conservation District (hereinafter referred to as "Lessee") manages and operates a program for the salvage and rearing of native plants (the "Native Plant Salvage Program") for the purpose of providing plants for restoration and enhancement of natural areas including stream restoration areas; and WHEREAS, the Lessor is currently involved in planning for stream restoration projects that would benefit from the activities and operations of the Lessee, and the Lessee desires to procure a site for which to operate its Native Plant Salvage Program, both parties herein agree as follows: 1. PREMISES. Lessor is the legal owner of approximately one halfecre located A portion of the SW1/4 NWl/4 Section 32, Township 24 North, Range 1 East, W.M., as depicted on the attached map marked Exhibit A. Lessor leases to Lessee and the Lessee hereby leases from Lessor, the above-described real property, together with all rights, privileges, easements, and appurtenances thereon (hereafter referred to as the "Premises"), for the uses and purposes described below. 2. USES AND PURPOSES. Lessee shall have the use and occupancy of said premises..for the purposes of operating and maintaining a native plant salvage program to store, transplant, and propagate plants for use in con-anunity restoration projects, including projects sponsored by the City of Bremerton. 3. TERM. This Agreement shall become effective on January 1, 2001, and will continue until terminated by either party, as provided in Section 11. 4. RENT. Lessee covenants to maintain Premises and provide planting material and expertise to the Lessor as rental for the Premises in lieu of monetary compensation. 5. RESPONSIBILITIES. Lessor agrees to provide said premises as is, which includes water at existing tap and a 110 volt electrical outlet (available in greenhouse) for incidental use. During the term of this Agreement, Lessor shall pay all real estate taxes and aH property assessments and the Lessee shall pay for aH water, electricity, and other utility charges if and when so metered by the Lessor. Lessee agrees to fully maintain and operate the premises only for the purposes stated in item 2. Maintenance shall mean that the premises are kept in as good or better condition than found, and that no unsightly accumulation of material is allowed, all as determined by the Lessor. Lessee agrees to utilize organic principles in its operation and not to use or store potentially hazardous chemicals or fertilizers on the premises. 6. ACCESS. Lessee shall be provided access during regular business hours of the Forestry Division operations. If access is required at other than regular business hours, arrangements for access shall be made with the Forestry Division Manager. Access shah be limited to ingress and egress to the premises as described in item 1. Access to other areas shall be with the permission of the Forestry Manager. 7. SECURITY. Lessee acknowledges that these properties are restricted to Kitsap Conservation District personnel and/or individuals or groups under its control and for the purposes stated in item 2 only. 8. EASEMENTS. Lessor retains utilities and access easements over the said Premises as currently developed. Lessee agrees to abide by any requirements of the Bonneville Power Administration (BPA) for use of area within or adjacent to their powerline easement. 9. IMPROVEMENTS. Lessee may locate a small portable shed on the Premises to use for potting and tool storage. Lessee is respons~le for upkeep and maintenance of said structure. 10. HOLD HARMLESS. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, or hold the other party harmless from any such liab'flity. In the case of negligence of both the Lessor and the Lessee, any damages allowed shah be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contn'bution from the other party in proportion to the percentage of negligence attributable to the other party. 11. TERMINATION. This Agreement may be terminated by either party, without cause, upon sixty (60) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereat~er. 12. GENERAL CONDITIONS. a. 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 A~reement. b. Amendments: The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. c. Notices: Any notices required to be given by Lessor, or by Lessee to the other party shall be in writin4g and delivered to the following parties at the following addresses: Lessor: Lessee: City of Bremerton Kitsap Conservation District Department of Public Works & Utilities 817 Sidney Ave. 3027 Olympus Drive Port Orchard, WA 98366 Bremerton, WA 98310 Attn: District Coordinator Attn: Forestry Manager d. Waiver: Failure to insist upon strict compliance with any terms, covenants or conditiom of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such fight or power at any time be taken to be a waiver of any other breach. e. 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. IN WITNESS WHEREOF, the parties hereto have affixed their signatures below: CITY OF BREMERTON KITSAP CONSERVATION DISTRICT -gynn S. Horton, Mayor Sharon Call, Chair, Board of Supervisors Date: t~- g-OI Date: Director of Public Works & Utilities APPROVED AS TO FORM: Assistant City Attorney Received for filing: fl (Tinskey City C erk × , X X X' ~( - X'