003-05 - Robert Whitney - ContractAGREEMENT
THIS AGREEMENT is entered into this ) day of August 2005 by and between
the City of Port Orchard, a municipal corporation, (hereinafter the "City") and
(hereinafter the "Owner").
WHEREAS, the Owner is the owner of a replica of the "Virginia V," a mosquito
fleet ferry (hereinafter the "replica"); and
WHEREAS, the City desires to display the replica at City Hall, 216 Prospect
Street, Port Orchard, WA 98366; and
WHEREAS, the Owner is willing to loan the replica to the City subject to the
terms and conditions set forth below; now, therefore,
In consideration of the mutual obligations and promises set forth below, the
parties agree as follows:
1. Term. This Agreement shall be effective on the date set forth above and end
on December 31, 2006. Commencing January 1, 2007, this Agreement shall
automatically renew on a calendar year basis unless written notice of termination is
provided by either party, as provided below in Paragraph S.
2. Use. The City shall display the replica at City Hall in a display case provided
or approved by the Owner. The replica shall not be removed from the display case
without the permission of the Owner.
3. Expenses. The City shall be solely responsible for the costs of transporting,
displaying and, upon termination of this Agreement, returning the replica to the Owner;
provided in the event the Owner terminates this Agreement and requests the return of
the replica prior to July 1, 2007, the Owner shall be responsible for the cost of
transporting the replica back to the Owner.
4. Insurance. As long as the replica is in the City's possession, the City shall
obtain and maintain, at its sole expense, insurance to cover damage to the replica that
may arise from or in connection with its transport to and from, and display at, City Hall
based on a replacement value of $10,000,
5. Termination. Commencing January 1, 2007, this Agreement may be
terminated by either party, without cause, by giving written notice of not less than thirty
(30) days.
Agreement - 1
6. Notice. Any notice or any other communication from one party to the other party
pursuant to this Agreement shall be deemed to be received by the receiving party three (3)
days after the same shall have been sent to the receiving party by certified or registered
mail, return receipt requested, and addressed as set forth below, or as the receiving party
may hereafter direct by written notice.
CITY: OWNER. -
Mayor of Port Orchard
216 Prospect Street W fr _�'_
Port Orchard, WA 98366 -P)C
7. Governing Law; Venue. The parties agree that this Agreement shall be
interpreted and governed by the laws of the State of Washington. Venue shall be in Kitsap
Superior Court.
8. Modification; Amendments. No amendments or modifications relating to the
subject matter of this Agreement shall be binding and enforceable unless in writing and
signed by the affected parties hereto.
9. Entire Agreement. This Agreement sets forth the entire agreement of the
parties hereto with respect to the subject matter hereof and may not be modified or
amended except as provided in Paragraph 8 above.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the
date and year indicated.
Dated this day of August 2005
CITY OF PORT ORCHARD
By: � e�
KIM E. ABEL, Mayor
Attest:
Dated this 2 day of August 2005
OWNER
Agreement - 2