004-72 - Port of Bremerton - ContractAGREEMENT CONCERNING PROPOSED BOAT HARBOR
IT IS HEREBY UNDERSTOOD and agreed, by and between THE CITY
OF PORT ORCHARD, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and the PORT OF BREMERTON,
a municipal corporation of the State of Washington, hereinafter
referred to as "Port", in consideration of the mutual undertakings
of the parties, as follows:
The Port of Bremerton will construct a small boat harbor
for approximately 340 boats, together with a new parking area
along the shoreline of the City of Port Orchard if permitted
to do se by current governmental regulations imposed by the State
of Washington and the United States. The construction is to
be in accordance with that depicted on Plan No. 5966A-03 dated
December, 1971, of Reid, Middleton and Associates, the Project
Engineer. The said plan is entitled Port Orchard Proposed Boat
Harbor Plan "C".
II.
City agrees to authorize the exclusive and unrestricted
use for the purpose of the small boat harbor of the water area
leased by City from the Washington State Department of '.Natural
Resources.
City agrees to provide an entrance to the parking area
to be constructed by developing and paving Harrison Street within
the City of Port. Orchard from Bay Street to the said parking
lot. An access entrance from the private parking area south
of the present location of the Washington State Liquor Store
adjacent to the site should be provided to the Harrison Street
extension. All of these things are to be accomplished when funds
are available.
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IV.
City agrees to extend its water and sewer lines along
the existing parking area shoreline so that these services will
be available to the restrooms and office buildings to be built
*in accordance tith existing City Ordinances*
as a portion of the small boat harbor, Port will make the connections
to the extended sewer and water lines on the restrooms, office
buildings and other facilities to be built and the sewerage pumpout
station on the fueling pier. The parties agree that all shorelide
utilities servicing the small boat harbor will be underground,
including electrical power and telephone lines. All of these things
are to be accomplished when funds are available.
V.
The City of Port Orchard will establish its ordinance
prohibiting the discharge of untreated sewage, garbage, litter
and other pollutants into the waters of the harbor anchorage
or moorage by the users thereof. Appropriate signs outlining
these prohibitions will be posted, respectively, by the City
and Port in those areas under the cognizance of each.
VI.
City agrees that patrons and users of the small boat harbor
shall have the right to use the existing City parking on the '
parking lot adjacent to the planned construction. Upon completion
of construction, the Port will turn over its interest in the
new parking area to be constructed to the City of Port Orchard.
During construction, City agrees that the contractor and sub-
contractors may use areas designated by the City upon the existing
adjacent parking lot for material storage and staging and for
construction equipment as required. Port will instruct the contractor
to use every effort to minimize blockage of existing parking
areas and to coordinate contractor's required Usage of the area
with the Police Department of City. V
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VII.
The parties agree that they will cooperate in all ways
and do or cause to be done and to be executed all those things
and instruments necessary to effect the purposes of this agreement
and to facilitate the construction contemplated hereby.
VIII.
Port agrees to hold the City harmless, during the construction
period contemplated hereby, from all liability, damages or claims
and to defend any suits arising from, because of or due to the
use by the Port, its agents, employees or construction personnel
of city lands and property. Port agrees further that in connection
with the property described in Paragraph IT of -this agreement
it will hold City harmless from all loss, claim, damages and
defend all suits arising due to the use by Port of the said described
property as, for and in connection with the Marina, without limitation
as to rime and so long as the.sai3 property shall be so used.
DATED at Port Orchard, Washington, this 16th day of
August 1972.
CITY OF PORT ORCHARD
By
PAUL A. PMM,
Att
R.G.LLOYD, Clerk THE P T OF BCE ,RT
Attest-,) ( B
ha i rman
Secretdry
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S_K_G OF WASGTON
O : t:.is 16th
day- of
AUVat
, 1972
efor�
&PPearec. Paul Dg Powers,
Jr.
and _
Robert G.
_Lloyd
^_ :.o
„e known zo Je z:.e _ Mayor and City Clerk
resPactiveiy 00 ;.:.e Citl of Port Orchard, a mun-I cipa+ cc-- crazio n
o- ..e State of Washington, that exac"tea t:.e witfai:. and foregoing
a.-"- n- 9ed Sa-' -e%:. to ;tee hensti. .a...2... a:.C. aC:C:.GW.�Bd ' d i,.:a.� wu %a. iiec, d nG
voll:..tarl acz and deed of said City ;.or tj".8 uses and purposes
�:. ,,.aaU4 ;-..a A-. t:.On a and on oathstated: y -ley a " to/ �.♦ were auL..a��.iZ2G
and that e. seal af.%iXed is tn' a Corporate
seal of said City.
:\ WZT\'7SS WH is 0: , S have narac=o set .,,y la:.;:' and
seal t:.e day and year �
A. Wri
ZA-)
o4ary Public �.. a::u -or t:.e
4 n t0 n, raslalz
STAT- Or WASraISGTO\ }
COUNTY O: KITSA2
Oaa tia+S ;Z-�j�zday of ! :+��++J / 1972, before me
personally appeared 512l E. 1_461- and J?RI-PW E.C.c,<So..�
t0 ...a jc :oW : to be the C.:ai ua:. and Secretary raspectively, of
cor2oration that executed the foragoi n5 instrument, a..d
acknoW'edgGd Said in Str=ent to be tAhe free and vol, nta..y acv.
n .d deed Of Saki C.Or�OrG�.l.oia, 6 .6 4 ,e uses and purposes
A erein r,.4ntioned, and on oath Stated that they are
execute Said lids % dr= ant. and that seal aii;.xed is the
cor?ora4e seal of said Corporation.
W:.TtiESS ..,y hand and official seal hereto of}vexed t::a
day "d year in this cGrt:.f'l.cate above Written.
,�otaa � 4M
of was:.ington, residi:.5 at. k' -i y2T�y.t1