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003-04 - Edward Stone - Contract216 Prospect Street Port Orchard, WA 98366 AGREEMENT FOR RV DUMP STATION THIS AGREEMENT, for reference purposes only, is made and entered into this 2 day of 2004, by and between the City of Port Orchard, Washington ("City") and Stone ("!?tone").� RECITALS The City of Port Orchard desires to provide the public with a recreational vehicle dump station where recreational vehicle wastewater tanks can be emptied. Edward Stone operates a service station known as Sedgwick 76 on leased property located at 234 Bravo Terrace, Port Orchard, Washington ("the Property"). The parties agree that the Property would be an ideal location for the dump station. AGREEMENT In consideration of the mutual promises contained herein, the parties agree to locate the dump station on the Property on the following terms and conditions: 1. Construction. The dump station shall be placed at a mutually agreeable location on the Property. The City shall be responsible for all costs and expenses related to the construction of the dump station, including providing a water supply to the facility. The City shall be responsible for repairing or replacing any damage to the landscape bushes and landscape irrigation system that would be attributed to the construction of the RV dump station. The City shall provide Sedgwick 76 a minimum of 14 calendar days notice before the construction shall commence. 2. Term. The term of this agreement shall be two years commencing on the 3 r day of �2004, and shall continue thereafter on a yearly basis subject to termination by either party upon 90 days written notice prior to the end of the yearly term. 3. Maintenance and Repairs. Stone, at his own cost and expense, shall wash down the dump station area daily, or more frequently if necessary, and keep the dump station in a clean and reasonably sanitary condition. The City shall, at its own cost and expense, make all necessary repairs to the dump station, including repairing pipe blockages between the dump station and right of way, and water supply to the dump station, and shall be responsible for cleaning up any large spills. Stone shall give the City prompt notice of any blockages, large spills, or other circumstances requiring City maintenance or repair under this section. A large spill of sewage is defined as that -2- which the Sedgwick 76 employee needs more than five minutes to wash down or till into the soil. The City shall repair or replace as necessary any landscaping on the Property damaged during the cleanup or repair process. 4. Representations. Stone represents and warrants that this agreement does not violate any terms of his lease or any supply or other agreement regarding the service station. 5. Signage. The City shall supply and maintain the dump station signage, and will work with WSDOT to have directional signs placed on SR 16. 6. Notices. Notices provided for herein may be mailed to the parties at the addresses specified herein or at such other addresses as the parties may from time to time hereafter specify in writing. CITY: Lawrence J. Curles City Engineer City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 STONE: Edward Stone P.O. Box 1490 Gig Harbor, WA 98335 7. Assignment. Stone shall not transfer or assign this agreement without the prior written consent of the City, which consent will not be unreasonably withheld. 8. Attorney's Fees. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to recover from the other party all reasonable costs and reasonable attorney's fees incurred. CITY: STO CITY OF PORT ORCHARD, WASHINGTON ward Stone By: / _/ `�zY Date: Kim E. Abel Mayor Date: J Attest: By: W&I Carol E en Clerk p\20766\contract\RV dump station.doc -2-