HomeMy WebLinkAboutUse_Agreement_-_Charleston_Business_District_Planters1
USE AGREEMENT
PLANTER USE AND VEGETATION MANAGEMENT
This USE AGREEMENT (“Agreement”) is made and entered into between the CITY OF BREMERTON
(“City") and CHARLESTON BUSINESS DISTRICT (“Permittee”).
In consideration of the terms, conditions, covenants, and performances contained herein, IT IS
MUTUALLY AGREED AS FOLLOWS:
1. DESCRIPTION OF PREMISES: The City hereby grants use under the terms set forth in this Agreement to the Permittee to use City owned planters along Callow Avenue between Burwell Street and 9th Street.
2. USE AND MAINTENANCE: The Permittee must install and maintain soil and vegetation in the planters at the Permittee’s expense. The Permittee shall maintain the planters in a good condition and reimburse the City for any damage or repairs resulting from the Permittee’s use of the planters. Any damage caused or observed by Permittee shall be reported to the City immediately upon discovery.
The City retains the right to utilize planters to support City activities in the area, including but not limited
to isolating streets during special events, movement for utility or public work improvements, and general
ADA compliance.
The memorial plaques installed on the planters may not be removed, altered or obscured.
Should the City, in its sole discretion, be dissatisfied with the level of vegetation maintenance or general
condition of the planters, such as dead or overgrown vegetation, the District shall be notified by letter and
email with a bulleted list of action items. Should the action items on the list not be resolved to the City’s
satisfaction within 90 days, the City will remove the planters and all installed items. The District may
request a single 60-day extension per calendar year.
Permittee shall comply with all applicable federal, state, and local laws, regulations, and City policies.
This includes but is not limited to compliance with any directives from City regarding planter placement,
access, sight-line safety, utilities access, emergency response, ADA/path of travel, and public works
operations.
3. INDEMNIFICATION: Permittee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Permittee’s use of the planters pursuant to this Agreement. The provisions of this section shall survive the expiration or
termination of this Agreement. The planters are provided “as is.” The City makes no warranties and shall not be liable for any interruption,
relocation, removal, or unavailability of the planters or for any damage to Permittee’s vegetation, soil, or other property. 4. TERMINATION: This agreement may be terminated by the City or Permittee at any time by Notice delivered to the other party. Should either party wish to terminate the agreement, Permittee will have 90 days from delivery of Notice to removal of vegetation and soil.
Docusign Envelope ID: 5B59D83B-05CE-85E2-8178-E98732307BD8
2
5.MODIFICATION: This Agreement may not be modified, altered, or amended unless first approved inwriting by the City.
6.ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties and, inexecuting it, the City and Permittee do not rely upon any statement, promise, or representation, whetheroral or written, not expressed herein.
7.SEVERABILITY: In the event that one or more provisions of this Agreement shall be determined to beinvalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of theAgreement shall remain in full force and effect, and the invalid provisions shall be deemed deleted.
8.COUNTERPARTS: This Agreement may be executed in two or more counterparts, any of which shall bedeemed an original but all of which together shall constitute one and the same instrument.
9.POINTS OF CONTACT: Should the points of contact change for the Permittee or City, the other party shallbe notified as soon as reasonably possible by email.
10. GOVERNING LAW: This agreement shall be governed and construed in accordance with the laws of theState of Washington. If any dispute arises between the City and Contractor under any of the provisions ofthis agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rulesof the Kitsap County Superior Court, Kitsap County, Washington.
IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed
below.
________________________________ ________________________________
Jim Cline, President Chance Berthiaume,
Director of Public Works & Utilities
Charleston Business District City of Bremerton
Docusign Envelope ID: 5B59D83B-05CE-85E2-8178-E98732307BD8