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4464
BREMERTON MAINSTREET ASSOCIATION
Storage Room - 1st Floor - 239 Fourth Street
Police
LEG 16-3
12/01/2004
01/31/2007
02/15/2009
01/01/2009
Hold Harmless - Tenant shall vacate upon request
Agreement
The City of Bremerton ("City") and the Bremerton Mainstreet Association, ("BMSA'),
referred to collectively as the "Parties," enter into the following Agreement.
1. PREMISES AND TERM. The City agrees to allow BMSA to use a portion
of the building located at 239 4th Street, Bremerton, WA 98337. The room (Premise) is
approximately 144 sq. feet on the first floor.
BMSA agrees to vacate the Premises and remove all personal property within 30
days from a demand by the City to vacate.
2. Uses Prohibited. BMSA shall not do or permit anything to be done in or
about the Premises nor bring or keep anything therein which will in any way increase the
existing rate of or affect any fire or other insurance upon the Building or any of its
contents or cause a cancellation of any insurance policy covering the Building or any part
thereof or any of its contents.
3. Hold Harmless. BMSA shall indenmify and hold harmless City from and
against any and all claims arising from BMSA's use of the Premises or from the conduct
of its business or from any activity, work, or other things done, permitted, or suffered by
BMSA in or about the Premises and shall further indemnify and hold harmless City from
and against any and all claims arising from any breach or default in the performance of
any obligation on BMSA's part to be performed under the terms of this Agreement or
arising from any act or negligence of BMSA or any officer, agent, employee, guest, or
invitee of BMSA, and from all costs, attorneys' fees, and liabilities incurred in or about
the defense of any such claim or any action or proceeding brought thereon. In any action
or proceeding brought against City by reason of such claim, BMSA, upon notice from
City, shall defend the same at BMSA's expense by counsel reasonably satisfactory to
City. BMSA hereby assumes all risk of damage to property or injury to persons in, upon,
or about the Premises from any cause other than the sole negligence of City, and BMSA
hereby waives all claims in respect thereof against City. City or its agent shall be not
liable for any loss or damage to persons or property resulting from fire, explosion, falling
plaster, steam, gas, electricity, water, or rain which may leak from any part of the
Building or from the pipes, appliances, or plumbing works therein or from the roof,
street, or subsurface, or from any other place resulting from dampness, or from any other
cause whatsoever, unless caused by or due to the sole negligence of City or its agents.
City or its agent shall not be liable for interference with the light or air, or for any latent
defect in the Premises. BMSA shall give prompt notice to City in case of casualty or
accidents in the Premises.
4. Entry by City. City shall have the right to use any and all means which City
may deed proper to open any doors or otherwise obtain access to the Premises in an
emergency, without liability to BMSA except for any failure to exercise due care for
BMSA's property, and any entry to the Premises obtained by City by any of said means
or otherwise shall not under any circumstances be construed or deemed to be fomible or
unlawful entry into a the Premises or an eviction of BMSA from the Premises or any
portion thereof.
5. Assignment and Subletting. BMSA shall not assign, sublet or allow anyone
else to occupy or use the Premises.
6. Removal of Personal Property. In the event of a retaking of possession of
the Premises by City, BMSA shall remove all personal property located thereon and upon
failure to do so upon demand of City, City may remove and store the same in any place
selected by City, including but not limited to a public warehouse, at the expense and risk
of BMSA.
7. Damage to BMSA's Property. City shall not be required to repair any injary
or damage by fire or other cause or to make any repairs or replacements of any personal
property of BMSA, unless such damage shall have occurred as a result of the gross
negligence of City.
8. Prior Agreements. This Agreement contains all of the agreements of the
parties and can not be amended except in writing by the parties.
9. Notices. All notices to be given hereunder shall be in writing and shall be
personally delivered and receipt aeknowiedged, sent by United States certified mail,
return receipt requested, sent by facsimile, with original delivered within three (3) days,
or sent by overnight delivery through public or private service, delivery charge prepaid,
and addressed to the party at the respective mailing address as herein set forth.
To City at: To Bremerton Main Street Association at:
Chief Robert Forbes 245 Fourth Street, Suite 201
239 4th Street Bremerton, WA 9833
Bremerton, WA 98337
It is understood that each party may change the address to which notice may be sent by
giving a written notice of such change to the other party hereto in the manner herein
provided.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY: BMSA:
CITY OF BREMERTON BREMERTON MA1NSTREET ASSOCIATION