HomeMy WebLinkAboutca2_051010
~
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of Commissioners
FROM:
Terry Logue
DATE:
May 10, 2010
RE:
Permit to Use County Property - Farmer's Market
STATEMENT OF ISSUE:
The permit to use county property will allow the Farmer's Market to install a temporary power
pole on county owned properly annually from May through December.
ANALYSIS:
Providing a permit to the Farmer's Market for a temporary power pole will allow the Farmer's
Market and their vendors to have access to electricity directly through PSE. This will
eliminate them accessing electricity through the Port Townsend Community Center.
FISCAL IMPACT:
The Farmer's Market will incur all costs associated with installing, operating and removing the
temporary power pole.
RECOMMENDATION:
Approve and authorize the Board of County Commissioner Chairman to sign the Permit
authorizing the use of County owned property to the Farmer's Market.
REVIEWED BY:
5'/6((0
Date
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
A permit to Use County-
Owned land for a
Temporary Structure
x
x
x
x
Permit No.
This agreement is between JEFFERSON COUNTY, acting by the Board of County
Commissioners, hereinafter referred to as the "COUNTY", and the Port Townsend Farmer's Market, a
non-profit organization, P.O. Box 1384, Port Townsend, W A, hereinafter referred to as the
"PERMITTEE" .
WHEREAS, the COUNTY is the owner of real property and the improvement thereon known as
the Port Townsend Community Center located at 620 Tyler Street, also known as APN 989-713-601,
having the abbreviated legal description of Lots 1-8, Block 136 in the SE1/4 ofS2, T30N, RIW in the
records of Jefferson County, Washington hereinafter referred to as the "Subject Property"; and
WHEREAS, the PERMITTEE, in furtherance of the Farmer's Market held in Uptown from May
through December, is desirous of locating upon the Subject Property a temporary power pole so that the
Farmers Market and its business associates and vendors may have access to electricity directly from the
electric utility rather than through the electric line that supplies the Subject Property; and
WHEREAS, the COUNTY supports the existence of the Farmer's Market but wishes to not have
the Farmer's Market obtain its electricity from electricity that the COUNTY is paying for; and
WHEREAS, the availability of electricity for the Farmer's Market from a source other than the
Subject Property's electricity serves as good and valuable consideration bargained for and exchanged in
consideration of the COUNTY and the PERMITTEE agreeing to the issuance of this License
NOW THEREFORE,
IT IS AGREED:
(1) PERMIT. The PERMITTEES shall have a permit to use, operate and maintain a temporary
power pole.
(2) COSTS AND EXPENSES. The PERMITTEE shall pay all costs and expenses related to the
use, operation and maintenance of the temporary power pole.
(3) INDEMNIFICATION. The PERMITTEE shall be responsible for the safe and proper
maintenance of the temporary power pole. The PERMITTEE shall, further, defend and hold the
COUNTY harmless from all liability or expense of litigation in connection with any item of actual or
alleged injury or damage related to the PERMITTEE'S use and maintenance of the temporary power pole.
(4) TERMINATION. This permit may be terminated by the COUNTY on ninety (90) days
notice. On termination, the PERMITTEE will remove any and all appurtenances from the Subject
Property, and restore it to a neat and orderly condition, subject to the approval of the COUNTY. All costs
..
incurred in restoring the Subject Property to a neat and orderly condition shall be paid by the
PERMITTEE. PERMITEE may reinstall the temporary power service for each future season of the
Farmer's Market through December 31, 2015.
(5) TRANSFER OF PERMIT. This permit shall not be transferable by the PERMITTEES
without the written consent of the COUNTY specifically referring to this document.
(6) APPROVAL FOR WORK TO BE PERFORMED. The PERMITTEES shall perform no
work on the COUNTY property without first having presented their plans, in writing, to the appropriate
City, County and/or state staff or officials. All required permits and inspections shall be obtained by the
PERMITTEE and the PERMITTEE shall be responsible for any costs incurred with respect to applying
for and obtaining all necessary permits.
(7) EXPIRATION. This Permit shall expire on December 31,2015. The parties may within
one year of that date mutually agree in writing to extend the expiration date for up to five years.
(8) AUTHORITY. The person signing for each party represents and confirms that he or she has
the authority to so bind his or her party.
DATED THIS
DAY OF
, 2010.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chairman
Phil Johnson, Member
John Austin, Member
ATTEST:
Erin Lundgren
Deputy Clerk of the Board
APl{o.ved as to form only: 5 J 1-/10
VatvJ ~. f
David Alvarez i 0
Chief Civil Deputy Prosecutor
PERMTTEES:
Will O'Donnell, Director
Farmer's Market