HomeMy WebLinkAboutParking_Lot_Use_Agreement_-_LOT_961 Parking Lot Use Agreement
City of Bremerton Parking Lot Use Agreement
This Agreement is made and entered into as of the date fully executed below, by and between the CITY
OF BREMERTON, a Washington municipal corporation (“City”), and PORT MADISON
CONSTRUCTION CORPORATION (“Permittee”).
WHEREAS, City is the owner of the several parcels and control of Right of Way within the City
of Bremerton as shown in Exhibit A (“Property”) in the City of Bremerton, Kitsap County, Washington;
WHEREAS, Permittee has been issued a type B ROW permit no. RW26 00149, issued on July 13,
2026 and expiring on November 10, 2026, as authorized in Bremerton Municipal Code section 11.02.080;
and
WHEREAS, Permittee desires to utilize the Property to provide response to contract
N4425526F0145 121813364, (PRI-2) Repair Damaged Barrier and Security Fence, CIA Fence, PSNS
NOW THEREFORE, in consideration of the mutual benefits derived by the parties hereto, it is
agreed:
1. INCORPORATION OF RECITALS: The foregoing recitals are incorporated herein by this
reference and made a part hereof.
2. ACCESS AND USE: The City hereby authorizes Permittee the exclusive use of portions of
parking lots and rights of way designated for the use of public parking, as shown in Exhibit A,
for the temporary alternative use of: Barrier and Fence Repair (“Use”). The City acknowledges
that the Use will include without limitation construction work, and the movement and storage
of heavy construction equipment and materials on the Property. The City acknowledges that
limited passage of third‑party vehicles through the designated Right‑of‑Way areas during the
period of Use will continue solely for the purpose of maintaining the existing circulation and
access for the occupants of the adjacent property, for service providers to the adjacent property,
and for emergency vehicle access to the adjacent property. Permittee is not responsible for
directing, managing, controlling, or supervising such third‑party vehicles, and the City
expressly retains all responsibility and liability associated with third‑party vehicle movements
through the Property. Notwithstanding the foregoing, where third-party vehicles must continue
to pass through designated Right-of-Way areas, Permittee shall maintain a reasonable vehicular
access width at all times, with a minimum of twelve (12) feet, sufficient to allow safe ingress
and egress by passenger and emergency vehicles, and shall keep such access free of stored
materials, equipment, debris, and obstructions. The following parameters must also be met,
and are included in the definition of “Use”:
a) Permittee’s Use of the Property is limited to dates: beginning August 3, 2026, twenty-
four (24) hours a day for a period of 45 consecutive calendar days. Additional dates
may be agreed upon by the Contracts Administrator and Permittee in writing if
requested by Permittee. The fee rates for the additional dates will not exceed the rates
described in Section 4 below.
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b) The City will be notified via email of the start of work and the completion of work, to
the following email address: mike.riley@ci.bremerton.wa.us
c) Permittee’s Use of the Property is limited to the parcels listed in Exhibit A and will only
access City property through Warren Avenue entrance.
3. USE CONDITIONS: Permittee, for itself and its successors and assigns, covenants as
follows:
a) This authorization is given only for the above stated Use. Any extension or
modification of the scope of the Use must be approved in writing by the City.
b) Permittee shall at all times conduct the Use in a safe and workmanlike manner, and
comply with all applicable laws.
c) Permittee shall be responsible for any damage to the area of the Property occupied by
Permittee as shown in Exhibit A, resulting from Permittee’s Use, wear and tear
reasonably anticipated from the Use excepted.
d) Permittee shall be responsible for the clean-up and removal of litter, debris, equipment,
and all other items resulting from its Use.
e) Permittee will inform the Director of Financial Services or his designee of any damage
to the Property immediately. Contact: mike.riley@ci.bremerton.wa.us or 360-473-
5303.
f) No alcohol or non-prescribed drug shall be consumed in the Property or during Use by
Permittee or any of Permittee’s employees, and no person under the influence of any
such substance shall be allowed onto the Property by the Permittee.
g) Permittee shall have no responsibility or liability for any claim, injury, damage, or loss
arising from or related to the passage, actions, or operations of third‑party vehicles
allowed by the City to traverse the Property, except when such claim is caused by the
Permittee’s sole negligence or willful misconduct. The City will defend, indemnify, and
hold Permittee harmless from third-party claims arising from such third-party vehicle
use on the Property. The City’s allowance of limited passage of third-party vehicles
shall not be construed as acceptance of any of Permittee’s work, assumption of any
duty owed by Permittee, or a waiver of any rights or remedies.
4. CONSIDERATION: In consideration for the Use, Permittee shall pay a total use fee of
thirteen dollars $13.00 per day per stall with a total of fourteen (14) stalls in use for a period
of 45 consecutive days at total reimbursement rate of $8,190.00. Permittee will issue payment
to the City no later than thirty (30) days after Permittee’s receipt of the City’s invoice.
5. TERMINATION: This Agreement shall terminate upon completion of the Use. In the event
Permittee fails to observe or perform any of the covenants, conditions, or provisions of this
Agreement, the Director or designee may immediately terminate Permittee’s Use.
6. INDEMNIFICATION: Permittee shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, and volunteers harmless from any and all claims, injuries,
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damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with Permittee’s Use of the Property pursuant to this Agreement, except for that
portion of the injuries and damages caused by the City’s sole negligence. For clarity, the
indemnification obligations of the Permittee shall not apply to claims, injuries, damages, or
losses arising from the acts, omissions, or operations of third‑party vehicles permitted by the
City to travel through the Property, except when such claim is caused by Permittee’s sole
negligence or willful misconduct.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES PERMITTEE’S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLEY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
7. INSURANCE: Permittee shall procure and maintain for the duration of its Use, insurance
against claims for injuries to persons or damage to property arising from or in connection with
the Use by Permittee, its agents, representatives, employees, or subcontractors. Prior to the
date of Use, Permittee shall provide to the City a Certificate of Insurance evidencing:
a) Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate
for personal injury, bodily injury, and property damage. Coverage shall include but not
be limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCU) if applicable; and
b) Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
c) Workers Compensation insurance as statutorily required by the Industrial Insurance Act
of the State of Washington, Title 51, Revised Code of Washington and employer's
liability with limits not less than $1,000,000.
Insurance is to be placed with a current A.M. Best rating of not less than A: VII.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Permittee.
All required policies shall be provided on an “occurrence” basis except professional liability
insurance (if required), which may be provided on a “claims-made” basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects the Use performed by or on behalf of the Permittee and a copy
of an endorsement that is acceptable to the City, which names the City as an additional
insured shall be attached to the Certificate of Insurance. The City reserves the right to receive
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4 Parking Lot Use Agreement
a certified copy of all the required insurance policies and endorsements. The City further
reserves the right to reasonably reject any unacceptable policies and/or endorsements.
The Permittee's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Permittee's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities, and obligations to which coverage applies. It shall be an affirmative
obligation upon Permittee to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be
construed to be a breach of this Agreement.
If the Permittee maintains higher insurance limits than the minimums shown above, the City
shall be insured for the full available limits maintained by the Permittee.
8. In the event that the Permittee employs other contractors or subcontractors as part of the use
covered by this Agreement, it shall be the Permittee’s responsibility to require and confirm that
each contractor or subcontractor meet the minimum insurance requirements specified above.
The Permittee and permittee’s suppliers and subcontractors , shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment
of premiums thereon. MISCELLANEOUS PROVISIONS: The following provisions apply
to this Agreement:
a) Governing law and Venue. This Agreement shall be constructed and interpreted
pursuant to Washington law and any controversy or interpretation hereof shall be by
the state courts of Washington with venue in Kitsap County, Washington.
b) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
c) Entire Agreement. This Agreement represents the entire agreement between the parties
with respect to the subject matter hereof. All prior negotiations, agreements,
representations, or warranties shall be of no further force or effect and are superseded
by this Agreement.
d) Severability. In the event that one or more provisions of this Agreement are determined
to be invalid by a court of competent jurisdiction, the remainder of the Agreement shall
remain in full force and effect.
e) Nothing in this Agreement, any and all permit application(s), or any related
document(s), shall be construed as a waiver of Permittee’s sovereign immunity, which
Permittee hereby expressly retains.
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5 Parking Lot Use Agreement
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as
of the day and year signed below.
CITY OF BREMERTON PERMITTEE
BY: __________________________ BY:__________________________
Mike Riley
Finance Director Port Madison Construction
Corporation
Approved as to form:
_____________________________
KYLIE J. FINNELL, City Attorney
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6 Parking Lot Use Agreement
Exhibit A Parking Use Areas:
Lot 96 200 Warren Avenue
Docusign Envelope ID: F69202D0-AB17-8D0C-80E5-1C3D03F7F8ED
Certificate Of Completion
Envelope Id: F69202D0-AB17-8D0C-80E5-1C3D03F7F8ED Status: Completed
Subject: Parking Lot Use Agreement - LOT 96
Source Envelope:
Document Pages: 6 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Jon Hickling
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
345 6th Street
Suite 100
Bremerton, WA 98337
Jon.Hickling@ci.bremerton.wa.us
IP Address: 64.156.71.82
Record Tracking
Status: Original
7/29/2026 2:48:15 PM
Holder: Jon Hickling
Jon.Hickling@ci.bremerton.wa.us
Location: DocuSign
Signer Events Signature Timestamp
Brett Jette
brett.jette@ci.bremerton.wa.us
Assistant City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 199.231.245.219
Sent: 7/29/2026 2:55:25 PM
Viewed: 7/29/2026 2:55:53 PM
Signed: 7/29/2026 2:58:26 PM
Electronic Record and Signature Disclosure:
Accepted: 7/29/2026 2:55:53 PM
ID: 9895c0ea-debf-4c2e-9ed3-044447438bad
Seth Tinkham
sethtinkham@portmadisonconstruction.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.204.157.4
Sent: 7/29/2026 2:58:29 PM
Viewed: 7/29/2026 2:58:53 PM
Signed: 7/29/2026 2:59:18 PM
Electronic Record and Signature Disclosure:
Accepted: 7/29/2026 2:58:53 PM
ID: c52f18cb-4268-4c53-9c43-22a5b5e8a546
Mike Riley
mike.riley@ci.bremerton.wa.us
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 146.129.247.132
Sent: 7/29/2026 2:59:20 PM
Viewed: 7/29/2026 2:59:52 PM
Signed: 7/29/2026 3:00:17 PM
Electronic Record and Signature Disclosure:
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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/29/2026 2:55:26 PM
Certified Delivered Security Checked 7/29/2026 2:59:52 PM
Signing Complete Security Checked 7/29/2026 3:00:17 PM
Completed Security Checked 7/29/2026 3:00:17 PM
Payment Events Status Timestamps
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Electronic Record and Signature Disclosure created on: 5/24/2019 6:31:25 AM
Parties agreed to: Brett Jette, Seth Tinkham
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