027-13 - Port of Bremerton - ContractTABLE OF CONTENTS
CITY OF PORT ORCHARD
LEASE AGREEMENT
1.
PROPERTY..........................................................................................................................................1
A.
PROPERTY.........................................................................................................................................1
2.
TERM....................................................................................................................................................2
A.
INITIAL TERM......................................................................................................................................2
B.
OPTION..............................................................................................................................................2
C.
POSSESSION......................................................................................................................................2
3.
RENTAL...............................................................................................................................................2
A.
BASE RENT........................................................................................................................................2
4.
USE OF THE PROPERTY...................................................................................................................2
5.
OBLIGATIONS OF LESSEE................................................................................................................3
A.
OPERATIONAL CONTROL.....................................................................................................................3
B.
EXPENSES..........................................................................................................................................3
C.
RUBBISH............................................................................................................................................3
D.
USE OF UTILITIES................................................................................................................................3
E.
DAMAGE.............................................................................................................................................3
F.
NUISANCE..........................................................................................................................................3
G.
MAINTENANCE & OWNERSHIP OF IMPROVEMENTS................................................................................4
6.
IMPROVEMENTS/ALTERATIONS......................................................................................................4
7.
SIGNS...................................................................................................................................................5
A.
INSTALLATION OF SIGNS......................................................................................................................5
B.
REMOVAL OF SIGNS............................................................................................................................5
8.
UTILITIES.............................................................................................................................................5
9.
RIGHTS RESERVED FOR CITY..........................................................................................................5
A.
USE OF PROPERTY.............................................................................................................................5
B.
NO IMPROVEMENTS............................................................................................................................6
C.
PERFORM AGREEMENTS.....................................................................................................................6
10.
DEFAULT AND TERMINATION......................................................................................................6
A.
PAYMENT DEFAULT.............................................................................................................................6
B.
FAILURE TO PERFORM........................................................................................................................6
C.
ABANDONMENT...................................................................................................................................6
D.
INSOLVENCY.......................................................................................................................................6
E.
ASSIGNMENT......................................................................................................................................6
11.
LEASEHOLD IMPROVEMENTS AT TERMINATION.....................................................................7
12.
STREET VACATION........................................................................................................................8
13.
ASSIGNMENT, SUBLETTING AND USE BY OTHERS.................................................................8
14.
HOLD HARMLESS/INDEMNIFICATION.........................................................................................8
15.
INSURANCE....................................................................................................................................9
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1/8/13
Page
A.
LIABILITY INSURANCE..........................................................................................................................9
B.
POLICY REQUIREMENTS......................................................................................................................9
C.
RELEASE AND WAIVER........................................................................................................................9
16.
NONDISCRIMINATION.................................................................................................................10
17.
NOTICE..........................................................................................................................................10
18.
MISCELLANEOUS........................................................................................................................10
A.
CAPTIONS........................................................................................................................................10
B.
.JOINT AND SEVERAL LIABILITY; BINDING EFFECT................................................................................10
C.
"LESSEE" INCLUDES LESSEES............................................................................................................10
D.
WAIVER............................................................................................................................................11
E.
GOVERNING LAW..............................................................................................................................11
F.
.JURISDICTION, VENUE AND DISPUTE RESOLUTION..............................................................................11
G.
ATTORNEYS FEES AND COSTS..........................................................................................................11
H.
HOLDING OVER................................................................................................................................11
I.
SEVERABILITY...................................................................................................................................11
J.
ENTIRETY; AMENDMENT....................................................................................................................12
K.
NO RECORDATION; MEMORANDUM....................................................................................................12
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1/8/13
Page ii
CITY OF PORT ORCHARD
LEASE AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
f� by and between the CITY OF PORT ORCHARD, a Municipal
Corporation organized under the laws of the State of Washington (hereinafter "City"),
and PORT OF BREMERTON a Municipal Corporation organized under the laws of the
State of Washington (hereinafter "Lessee").
WITNESSETH:
WHEREAS, the City holds an easement for purposes of public access known as
the Seattle Avenue Right of Way and has the authority to enter into this lease pursuant
to RCW 35.23.410 and .440(20), and
WHEREAS, Lessee is the owner of real property commonly referred to as 1001
Bay Street, Kitsap County Tax Parcel Number 4053-015-001-000, which is located
adjacent to and east of the Seattle Avenue Right of Way and a portion of the
improvements on said property extend into the Seattle Avenue Right of Way; and
WHEREAS, Lessee intends to design, plan, permit, and construct a long term
public access resource at the street end of the Seattle Avenue Right of Way; and
WHEREAS, the City desires to lease its real property interest in the street end
portion of the Seattle Avenue Right of Way located within the City of Port Orchard to
Lessee and Lessee desires to lease from the City that property interest, all upon the
terms, conditions, and provisions set forth below.
1. PROPERTY
A. Property
The real property subject matter of this Lease is legally described in Exhibit "A"
attached hereto and made a part hereof (hereinafter "Property"). The Property,
commonly known as the "the street end portion of the Seattle Avenue Right of
Way," consists of approximately 0.16 acres, more or less, which is graphically
depicted for illustrative purposes on the diagram attached hereto as Exhibit "B"
and made a part hereof. Lessee has examined the Property and accepts the
same in its present condition, "as is".
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1 /8/13
Page 1
2. TERM
A. Initial Term
The City leases the Property to Lessee and Lessee leases the Property from the
City for a term of fifteen (15) years commencing on the 1st day of November
2012, and terminating on the 31st day of October2027, unless sooner terminated
as provided in this Lease.
B. Option
So long as Lessee is not in default, the City grants Lessee an option to renew or
extend this Lease upon the same terms and conditions, for one term of ten (10)
years, upon written notice thereof to the City within 180 days of the expiration of
this Lease or any extended term hereof.
C. Possession
Lessee is entitled to possession of the Property as of the Effective Date.
3. RENTAL
A. Base Rent
Lessee shall pay the City rental in the amount of $1.00 per year, in advance,
commencing on the 1st day of November2012. In accordance with RCW
35.23.410, at intervals of five years during the term, and any extensions of this
Lease, the rental amount shall be readjusted between Lessee and the City by
mutual agreement.
4. USE OF THE PROPERTY
Lessee's use of the Property shall be consistent with the following:
A. Providing public access to the shoreline and constructing public use
amenities as part of the Port Orchard Marina Park Extension project.
B. Permitting the public access to and use of the Property for non-commercial
purposes.
C. Charging no fee(s) for use of the Property unless said fees are independently
negotiated and agreed upon in writing by both Lessee and the City.
D. Avoiding any use that interferes with the City's use of the Property for the Bay
Street Pedestrian Pathway, as described in Section 9 below and as depicted
in Exhibit B.
Lessee shall not use the Property for any other purposes without the prior written
consent of the City. The Lessee shall observe, abide and comply with any and all
applicable federal, state or local laws, rules or regulations that affect the Property, as
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1/8/13
Page 2
well as all of the City's rules and regulations applicable to the Property as they are now
formulated, or as they may be re-formulated in the future. Lessee shall not allow any
illegal or unlawful activities on the Property.
5. OBLIGATIONS OF LESSEE
During the term of this Lease or any extensions thereof, and subject to Section 9 below,
the Lessee shall:
A. Operational Control
Be responsible to oversee and regulate the operation of the Property establishing
such rules, regulations, fees and procedures as necessary, and consistent with
authorized uses as provided by the Lease.
B. Expenses
Pay all costs and expenses associated and in connection with the use of the
Property and the rights and privileges herein granted, including, but not limited to,
taxes, permit fees, license fees, and assessments lawfully levied or assessed
upon the Property or the improvements and other property on the premises. The
Lessee may, however, at its sole expense and cost, contest any tax, fee, or
assessment, but shall in no event allow the same to become a lien on the
Property.
C. Rubbish
Properly dispose of all rubbish, garbage, and waste in a clean and sanitary
manner at reasonable and regular intervals and assume all costs of
extermination and fumigation for any infestation caused by Lessee.
D. Use of Utilities
Properly use and operate all electrical, gas, and other fixtures that are or may be
available for use by the Lessee.
E. Damage
Not intentionally or negligently destroy, deface, damage, impair, or remove a part
of the Property, its appurtenances, facilities, or fixtures, nor permit any person,
whether invitee, licensee, or otherwise, acting under control of the Lessee to do
so.
F. Nuisance
Not permit any nuisance or common waste on the Property.
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1 /8/13
Page 3
G. Maintenance & Ownership of Improvements
1. Pending the Port Orchard Marina Park Extension described herein,
maintain the Property, at no cost to the City, so that it remains
serviceable and available for all authorized usesin a manner and at a
level consistent with the Lessee's management and maintenance of its
other properties.
2. Following the Port Orchard Marina Park Extension project completion
as described herein, retain ownership of capital improvements and, at
its own expense, maintain the Property, at no cost to the City, in a
serviceable condition consistent with commonly accepted industry
practices for maintenance of similar park facilities operated by the
Lessee during the term of the Lease.
6. IMPROVEMENTS/ALTERATIONS
A. The Lessee will commence design, planning and permitting to upgrade the
Property to establish the facility as a reliable long term public access
resource. The Lessee will execute this capital improvement project ("Port
Orchard Marina Park Extension") expeditiously, dependent upon the
permitting process and regulated construction windows, at no cost to the City.
B. During the term of the lease should the City and the Lessee agree that further
additional capital improvements are necessary or desirable, the allocation of
the cost of such improvements shall be paid by the Lessee and the City
according to terms and conditions determined by separate negotiations
C. The Lessee shall keep the Property free from any liens arising out of any
work performed for, materials furnished to, or obligations incurred by the
Lessee and shall defend, indemnify and hold the City harmless against the
same. If the Lessee is declared insolvent or bankrupt, or if any assignment of
the Lessee's property is made for the benefit of a creditor or otherwise, or the
Lessee's leasehold interest is levied upon or seized under writ or any court of
law, or if a trustee, receiver or assignee is appointed for the property of the
Lessee, whether under operation of state or federal statutes, then the City
may, at its option, immediately, without notice (notice being expressly
waived), terminate this Lease and take possession forthwith of the Property
without any obligation of the City to reimburse the Lessee for capital
expenses.
D. The Lessee shall not make any further improvements or alterations to the
Property without the express, prior written consent of the City, which consent
shall not be unreasonably withheld.
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1 /8/13
Page 4
7. SIGNS
A. Installation of Signs
Lessee shall have the right, at its own expense, to place in or on the Property a
sign or signs identifying the Lessee. Said sign or signs shall be of a size, shape,
and design, and at a location or locations, approved by the City and in
conformance with any overall directional graphics or sign program, codes, rules
or regulations established by the City or any other governmental entity having
jurisdiction over the Property, including, but not limited to, Kitsap County. Said
sign or signs shall be kept presentable and in good repair. Notwithstanding any
other provision of this Lease, said sign or signs shall remain the property of the
Lessee.
B. Removal of Signs
The Lessee shall remove, at its expense, all lettering, signs, and placards so
erected on the Property at the expiration of the term of this Lease. If the Lessee
violates this provision, the City may remove the sign or signs without any liability,
and may charge the expense incurred by such removal to the Lessee, which
expense Lessee shall pay within ten (10) days of receipt of notice thereof.
Provided, however, that the City shall give the Lessee written notice of the
Lessee's violation of this provision, and Lessee shall have forty-eight (48) hours
after receiving said notice to comply before the City removes said sign(s).
8. UTILITIES
The Lessee, at its own expense, shall provide for and make connections to all utilities
that it requires to serve the Property. Any on -site utility improvements within the
Property shall be the sole responsibility of Lessee, including, but not limited to, all
design and construction costs. Lessee shall pay all charges for utilities and services
provided to the Property prior to delinquency.
9. RIGHTS RESERVED FOR CITY
During the term or any extensions of this Lease, the City shall:
A. Use of Property
i. Retain the right to improve said Property, in a manner which does not
interfere with the Lessee's use, at such time as the City develops the
Bay Street Pedestrian Pathway. Lessee acknowledges that the
location of the Pathway as depicted in Exhibit B and the proposed
design and construction do not interfere with Lessee's proposed use of
the Property.
ii. Have the perpetual right and privilege to construct and maintain for the
use of itself and its agents underground pipe, cable, ducts, and other
necessary facilities to serve other users, together with the right to enter
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1 /8/13
Page 5
upon the Property at any time with all necessary men, materials, and
appliances for the purposes of constructing, inspecting, operating,
repairing, and maintaining the same.
B. No Improvements
Not be required to make any improvements or repairs of any kind upon the
Property, except as may be specifically provided for in this Lease.
C. Perform Agreements
Have the right to make any changes to and perform any construction on the
Property required by any agreement or obligation to which it is subject with any
other governmental agency or agencies having jurisdiction thereon upon prior
written notice served upon the Lessee at least ninety (90) days in advance of
such proposed work.
10. DEFAULT AND TERMINATION
This Lease shall terminate at the option of the City in the event of any one or more of
the following events:
A. Payment Default
Lessee's default in the payment of the annual rent for more than thirty (30) days
after the time such payment becomes due.
B. Failure to Perform
Lessee's default in the performance of any of the terms, covenants, or conditions
of this Lease, or in the event of its failure to comply with the reasonable
instructions of the City relative to default, and the failure of the Lessee to remedy,
or undertake to remedy, to the City's satisfaction, such default for the period of
thirty (30) days after receipt of written notice from the City.
C. Abandonment
Lessee's abandonment of the Property.
D. Insolvency
If the Lessee becomes the debtor in bankruptcy proceedings, makes a general or
other assignment for the benefit of creditors, is adjudicated bankrupt, or if a
receiver is appointed for the property or affairs of the Lessee. This Lease shall
not be an asset of the Lessee in any bankruptcy proceeding.
E. Assignment
Lessee assigns this Lease without the City's prior written consent.
City of Port Orchard Seattle Avenue Lease
Lease Agreement 118/13
Page 6
Except as to bankruptcy proceedings, such termination shall be effective upon
thirty (30) days prior written notice given to the Lessee. If this Lease is so terminated by
the City, all rights of the Lessee, or any person claiming through the Lessee, shall cease
and terminate, and all payments made thereon shall belong to the City. The City may,
without notice, re-enter and take full possession of the Property, including all leasehold
improvements thereon. The City shall be entitled to all leasehold improvements, and
title thereto shall vest in the City free and clear of any lien of claim of the Lessee or its
successors. All property of the Lessee which is located on the Property, whether
exempt from execution or not, shall be bound by and subject to a lien for the payment of
any amount(s) owing hereunder, and for any other damages arising from a breach by
the Lessee of any portion of this Lease. Lessee agrees that the City may take
possession of said property, or any part or parts thereof, and sell or cause the same to
be sold at a public or private sale, without notice, to the highest bidder for cash, and
apply the proceeds of said sale toward the cost thereof and then toward the
indebtedness or other damages. Subject to the City's lien rights set forth above, upon
termination of this Lease, the Lessee shall, at its sole cost and expense, remove all
signs, and materials from the Property which the Lessee was permitted to install or
maintain under the rights granted herein. Lessee shall repair all damages caused by
such removal. If the Lessee fails to do so within thirty (30) days, then the City may effect
such removal or restoration at the Lessee's expense, and the Lessee agrees to pay to
the City such expense promptly upon receipt of a proper invoice therefore.
11. LEASEHOLD IMPROVEMENTS AT TERMINATION
A. Upon termination of this Lease by the Lessee before the expiration of the
term set forth in Section 2 and any extensions thereof or as the result of an
event of default under Section 10, all improvements constructed by the
Lessee within the Seattle Avenue Right of Way and any interest of the Lessee
in the same shall be deemed conveyed to the City under this Lease
Agreement as a bill of sale, without compensation, allowance, or credit to the
Lessee. The Lessee shall have no right to reimbursement for capital
expenses; nor shall the City be under any obligation to assume any
outstanding liabilities of the Lessee to third -parties.
B. Except as provided in Section 11.A or unless the Lessee otherwise agrees,
upon expiration of this Lease by its terms the City will reimburse the Lessee
for the expenses Lessee has incurred for the construction of the
improvements within the Seattle Avenue Right of Way, accelerated to the
year of termination using the last available Consumer Price Index for the
greater Seattle -Tacoma -Bremerton area, and depreciated based on a 30-year
amortization. Upon payment as provided in this section, Lessee shall provide
the City with a bill of sale. Provided, the City shall not be under any obligation
to assume any outstanding liabilities of the Lessee to third -parties.
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1/8/13
Page 7
12. STREET VACATION
This Lease may be terminated without penalty in the event title to the Seattle Avenue
right of way is vacated to the benefit of Lessee in accordance with Chapter 35.79 RCW
and Lessor's policies and regulations.
13. ASSIGNMENT, SUBLETTING AND USE BY OTHERS
Neither this Lease, nor any part hereof, may be assigned, transferred, rented or sublet
by the Lessee by process or operation of law or in any other manner whatsoever,
without the prior written consent of the City.
14. HOLD HARMLESS/INDEMNIFICATION
A. The Lessee covenants and agrees to hold harmless, defend and indemnify
the City, its elected mayor, councilmen, employees, agents and
representatives from and against any and all liability, damages, judgments,
costs (including reasonable attorney's fees) or claims therefore, which may
arise from or are attributable to the Lessee's negligent or wrongful acts or
omissions during its occupancy or use of the Property or any of the City
facilities. The Lessee shall pay for the expenses, including reasonable
attorney's fees and costs, for the defense of any such claim, including but not
limited to litigation in any court of competent jurisdiction or any other dispute
resolution process or proceeding. The Lessee also agrees that the City or its
employees or agents shall not be held liable for any damage to property or
persons caused by any defects now in said Property or equipment, and
hereafter occurring, and the Lessee shall defend, indemnify, and hold the City
harmless therefrom. The City may, at its option, select the defense counsel of
its choice in any such matters.
B. The City covenants and agrees to hold harmless, defend and indemnify the
Port, its commissioners, employees, agents and representatives from and
against any and all liability, damages, judgments, or claims therefore, which
may arise from or are attributable to the City's occupancy or use of the
Property or any of the Port facilities, whatsoever the nature, and whether
authorized or unauthorized. The City shall defray the expenses, including
reasonable attorney's fees and costs, for the defense of any such claim,
including but not limited to litigation in any court of competent jurisdiction or
any other dispute resolution process or proceeding. The City also agrees that
the Port or its employees or agents shall not be held liable for any damage to
property or persons caused by any defects now in said Property or
equipment, and hereafter occurring, and the Lessee shall defend, indemnify,
and hold the Port harmless therefrom. The Port may, at its option, select the
defense counsel of its choice in any such matters.
C. Should a court of competent jurisdiction determine that this Lease is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1 /8/13
Page 8
bodily injuries or damages to property caused by or resulting from the
concurrent negligence of the City and Lessee, their officers, officials,
employees and volunteers, their liability shall be only to the extent of the their
respective negligence. It is further specifically and expressly understood that
the indemnification provided herein constitutes each party's waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this
Lease.
15. INSURANCE
A. Liability Insurance
The Lessee shall obtain and keep in force during the term of this Lease,
Comprehensive General Liability (Form CG 001) insurance, extended to cover
the Property.
B. Policy Requirements
All such policies shall:
Name the City as an Additional Insured and Loss Payee (Form CG
2010 [form B]) and list the Property as a covered site.
Apply as primary insurance irrespective of any insurance
which the City may carry.
iii. Provide for forty-five (45) days advance written notice to the
City in the event of any termination or material change of coverage
of the policy.
iv. In the case of the Comprehensive General Liability policy, it
shall be in an amount not less than $2,000,000 general aggregate,
$1,000,000 for single limit bodily injury/property damage.
C. Release and Waiver
The City and the Lessee hereby mutually release each other from liability and
waive all right of recovery against each other for any loss from perils fully insured
against under their respective property insurance contracts, for all perils insured
thereunder. Provided, that this paragraph shall be inapplicable if it would have
the effect, but only to the extent that it would have the effect, of invalidating any
insurance coverage of the City or the Lessee.
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1/8/13
Page 9
16. NONDISCRIMINATION
Notwithstanding any other or inconsistent provision of this Lease, during the term
hereof, or any extended term, the Lessee, for itself, its heirs, personal representatives,
successors in interest, permitted assigns, and subtenants, does hereby covenant and
agree that no person, on the grounds of race, color, religion, sex, or national origin shall
be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination in the use of the Property or in the construction of any improvements on,
over, or under the Property, or the furnishing of services therein or thereon.
17. NOTICE
Any notice given by one party to the other in connection with this Agreement shall be in
writing and shall be personally delivered or mailed. If mailed, it shall be sent certified
mail, return receipt requested, with postage and certification fees prepaid:
If to the Lessee, addressed to
If to the City, addressed to:
Port of Bremerton
8850 SW State Hwy 3
Bremerton, WA 98312
City of Port Orchard
Attn: Public Works Director
216 Prospect Street
Port Orchard, WA 98366
Notice shall be deemed to have been received on the date of receipt as shown on the
return receipt or three (3) days after mailing, whichever first occurs.
18. MISCELLANEOUS
The following miscellaneous provisions apply to this Lease:
A. Captions
The captions used in this Lease are intended for convenience of reference only,
and do not define or limit the scope or meaning of any provision of this Lease.
B. Joint and Several Liability; Binding Effect
Each party who signs this Lease (other than in a representative capacity) will be
jointly and severally liable for the performance of the obligations under this
Lease. This Lease is and shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, personal representatives, successors,
and permitted assigns.
C. "Lessee" Includes Lessees
It is understood and agreed that for convenience the word "Lessee" and verbs
and pronouns in the singular number and neuter gender are uniformly used
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1 /8/13
Page 10
throughout this Lease, regardless of the number, gender, or fact of incorporation
of the party who is, or of the parties who are, the actual Lessee or Lessees under
this Lease.
D. Waiver
The failure to enforce any provision concerning breach, violation, or default in or
with respect to the performance or observance of the covenants and conditions
contained herein shall not be taken to constitute a waiver of rights to enforce
such provisions with respect to any such subsequent breach, violation, or default
in or with respect to the same or any other covenant or condition hereof.
E. Governing Law
The place of making of the Lease shall be deemed to be Kitsap County,
Washington, and the legal rights and obligations of the City and the Lessee shall
be determined by the laws of the State of Washington.
F. Jurisdiction, Venue and Dispute Resolution
In the event any suit, action or other proceeding shall be brought in connection
with any of the terms or conditions of this Lease, the City and the Lessee hereby
stipulate that jurisdiction and venue of each suit, action or other proceeding shall
be in Kitsap County, Washington. Before any legal action may be initiated in
connection with this Lease, the City and Lessee agree to negotiate a resolution in
good faith. The Mayor shall negotiate on the City's behalf and the Port CEO or
Director of Marine Facilities shall negotiate on the Lessee's behalf.
G. Attorney's Fees and Costs
In the event that any suit, action or other proceeding shall be instituted to enforce
compliance with any of the terms or conditions of this Lease, there shall be paid
to the substantially prevailing party in such suit, action or proceeding reasonable
attorneys' fees (including the allocated cost of in-house counsel) and costs, with
the foregoing applicable to proceedings both in the trial and appellate court levels
and arbitration proceedings.
H. Holding Over
In the event that the Lessee, for any reason, shall hold over in possession of the
Property following the expiration of this Lease, or any extensions hereof, such
holding over shall not be deemed to operate as a renewal or extension of this
Lease, but shall only create a tenancy from month to month which may be
terminated at will at any time by the City.
I. Severability
In the event that any section, or any part of any section, of this Lease shall be
declared invalid by a court of competent jurisdiction, said holding shall have no
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1/8/13
Page 11
effect upon the remaining sections of this Lease, which remain in full force and
effect.
J. Entirety; Amendment
The Lease constitutes the entire agreement and understanding between the City
and the Lessee. There are no other agreements or representations, either written
or oral, which modify or have any effect upon this Lease. This Lease is not
effective in any manner until such time as formally approved and accepted by the
City of Port Orchard as evidenced by their signatures below. No change or
modification of this Lease shall be valid unless the same is in writing and is
signed by authorized representatives of the Parties.
K. No Recordation; Memorandum
This Lease Agreement may not be recorded. A memorandum of lease approved
by the City may be executed in recordable form and recorded with the Kitsap
County Auditor.
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1/8/13
Page 12
IN WITNESS WHEREOF the parties hereto have caused this Lease Agreement
to be executed as of the day and year first above written.
CITY OF PORT ORCHARD
A Municipal Corporation
Tim Matthes, Mayor
Attest:
By.
Brandy Rinearson, City Clerk
Approved As To Form:
City Attorney
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PORT OF BREMERTON
A Municipal Corporation
ident and/Commissioner
Vice PiVsident and mrblissioner,
SecAary and Commissioner
City of Port Orchard Seattle Avenue Lease
Lease Agreement 1/8/13
Page 1
STATE OF
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County of VIAT )
On this 2-`i""'`day of 2 O l before me personally
appeared Tim Matthes to me known to be a Mayor of the City of Port Orchard the corporation
that executed the within and foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and that they are authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the
day and year first above written.
STATE OF WASHINGTON
County of KITSAP
On this
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Notar /)Public in an&for the State of Washington
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Name Printed
residing at e D V- C >I C. r
My commission expires: ( — w — I t,
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me personally
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to me known to be the ( UUiMt4-o5;jc4AAA 5-- I.Jof the
Port of Bremerton, the municipal corporation that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said municipal corporation, for the uses and purposes therein mentioned, and that they are
authorized to execute said instrument.
IN WITNESS WHEREOF, I have he eunto set my had and affixed my Official Seal the
day and year first above written.
OFFICIAL SEAL Nol Public in a for e S to of Washington
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NOTARY PUBLIC -STATE OF %",ASHINGTON Name Printed,
My Commission Expires April 2013 residing at (^^''
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My commission expires: 'UI
Port of Bremerton 01-08-13 Seattle Avenue Lease FINAL.docx
Lease Agreement 1/8/13
Notary Page
Exhibit 14
(Portion of Seattle Avenue Right of Way)
A portion of Gov't Lot 4, Section 26, Township 24 North, Range 1 East, W.M., City of
Port Orchard, Kitsap County, Washington; more particularly described as follows:
That portion of Seattle Avenue Right of Way lying southerly of the Gov't meander line
of said Lot 4 and northerly of the Bay Street Right of Way margin.
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VOLUME 3 OF PLATS, PAGE 116
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4053-015-001-0005 '
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Centerline of City of Port Orchard
Pedestrian Enhancement Project-.,---- -
.7-Mosquito Fleet Trail
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EXHIBIT S
Port of Bremerton Marina Park Expansion Project
Portion of G.L. 4, Section 26, T 24 N, R 1 E, W.M., City of Port Orchard, Kitsap County, Washington