023-11 - Port of Bremerton - ContractLease agreement between:
City of Port Orchard and Port of Bremerton
Water Street Boat Launch Repair and Maintenance
City of Port Orchard Contract No. 023-11
Vi. zr, uii io; cl mA 00U01JUUlb HANNO.N SIGN W vivuL
CONSENT TO LEASE AGREEMENT
Dianne R. Kelstrup hereby consents to the Lease Agreement attached hereto as
Exhibit "A" between the City of Port Orchard and the Port of Bremerton.
Datcd this ,7�day of January 2011.
TABLE OF CONTENTS
CITY OF PORT ORCHARD
LEASE AGREEMENT
1. PROPERTY..........................................................................................................................................1
1A. PROPERTY.....................................................................................................................................1
2. TERM....................................................................................................................................................1
2A. INITIAL TERM..................................................................................................................................1
2 B. OPTION..........................................................................................................................................2
2C. POSSESSION..................................................................................................................................2
3. RENTAL...............................................................................................................................................2
3A. BASE RENT....................................................................................................................................2
4. USE OF THE PROPERTY...................................................................................................................2
5. OBLIGATIONS OF LESSEE................................................................................................................3
5A. OPERATIONAL CONTROL.................................................................................................................3
5B. EXPENSES.....................................................................................................................................3
5C. RUBBISH........................................................................................................................................3
5D. USE OF UTILITIES...........................................................................................................................3
5E. DAMAGE........................................................................................................................................3
5F. NUISANCE.. ...................................... .................................
. ......................................................... 3
5G. MAINTENANCE & OWNERSHIP OF IMPROVEMENTS............................................................................3
6. IMPROVEMENTS/ALTERATIONS......................................................................................................4
7. SIGNS...................................................................................................................................................6
7A. INSTALLATION OF SIGNS.................................................................................................................5
7B. REMOVAL OF SIGNS........................................................................................................................5
8. UTILITIES.............................................................................................................................................5
9. RIGHTS RESERVED FOR CITY..........................................................................................................5
9A. USE OF FACILITIES.........................................................................................................................5
9B. NO IMPROVEMENTS........................................................................................................................6
9C. PERFORM AGREEMENTS.................................................................................................................6
10. DEFAULT AND TERMINATION......................................................................................................6
1 OA. PAYMENT DEFAULT........................................................................................................................6
10B. FAILURE TO PERFORM....................................................................................................................6
1 OC. ABANDONMENT..............................................................................................................................6
10D. INSOLVENCY...................................................................................................................................7
10E. ASSIGNMENT..................................................................................................................................7
11. LEASEHOLD IMPROVEMENTS AT TERMINATION.....................................................................7
12. ASSIGNMENT, SUBLETTING AND USE BY OTHERS.................................................................8
13. HOLD HARMLESSIINDEMNIFICATION.........................................................................................8
14. INSURANCE....................................................................................................................................8
14A. LIABILITY INSURANCE......................................................................................................................8
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Exhibit A
CITY OF PORT ORCHARD
LEASE AGREEMENT
No. 023-11
THIS AGREEMENT is made and entered into as of the first day of February,
2011, 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 represents that it is the owner and operator of the Water
Street Boat Launch Ramp and has the right to enter into this lease; and
WHEREAS, the City desires to lease certain property to Lessee located within
the City of Port Orchard and Lessee desires to lease from the City that property, all
upon the terms, conditions, and provisions set forth below.
1. PROPERTY
1A. Property
The real property subject matter of this Lease is described in Exhibit "A"
attached hereto and made a part hereof (hereinafter 'Property'). The Property,
commonly known as the "Water Street Boat Launch" consist of approximately
0.58 acres, more or less, which is graphically depicted for illustrative purposes on
the diagram attached hereto as Exhibit "B" and made a part hereof. As used
herein, the term 'Property" includes the real property and improvements now
existing or hereafter constructed or installed on the property. Lessee has
examined the Property and accepts the same in their present condition, "as is".
2. TERM
2A. 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 February,
2011, and terminating on the 31st day of January, 2026, unless sooner
terminated as provided in this Lease.
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2B. 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 fifteen
(15)years, upon written notice thereof to the City within 180 days of the expiration
of this Lease or any extended term hereof.
2C. Possession
Lessee is entitled to possession of the Property as of the Effective Date.
3. RENTAL
3A. Base Rent
Lessee shall pay the City rental in the amount of $1.00 per year, in advance,
commencing on the 1st day of February, 2011. In accordance with RCW
35.23.410, at intervals of five years during the term, the rental amount shall be
readjusted between Lessee and the City by mutual agreement.
4. USE OF THE PROPERTY
Lessee shall use the Property for the following purpose(s):
A. Commercial, recreational, and governmental watercraft launch and recovery
only. Except as expressly permitted by this Agreement there shall be no other
commercial activity on the Property. Commercial activity is defined as, but not
limited to, loading or unloading cargo from commercial fishing boats, repair of
commercial watercraft and repairing, maintaining or drying of fishing nets, and
loading or unloading commercial cargo, to include logs or merchandise.
B. Moorage at the Property shall be limited to 15 minutes.
C. The Lessee shall permit the public to use the Property for non-commercial
purposes.
D. The Lessee, during the term of the lease, may establish a fee or fees for the
commercial use of the Property. The City reserves the right to establish the
fee or fees charged for recreational use of the Property. The Lessee agrees
to charge for recreational use of the Property only such fees as approved in
advance by the City.
E. The Lessee acknowledges that, consistent with State law and City Code, the
City may take enforcement action if the Property is used in violation of these
provisions. See, POMC 9.46.
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
well as all of the City's rules and regulations applicable to the Property as they are now
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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, the Lessee shall:
5A. 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.
5B. 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.
5C. 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.
5D. Use of Utilities
Properly use and operate all electrical, gas, and other fixtures that are or may be
available for use by the Lessee.
5E. 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 family, invitee, licensee, or otherwise, acting under control of the Lessee
to do so.
5F. Nuisance
Not permit any nuisance or common waste on the Property.
5G. Maintenance & Ownership of Improvements
1. Maintain the Property, at no cost to the City, so that it remains
serviceable and available for all authorized uses, pending the Boat
Launch Refurbishment described herein, in a manner and at a level
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consistent with the Lessee's management and maintenance of its other
marine properties.
2. Retain ownership of capital improvements and, at its own expense,
maintain the boat launch in a serviceable condition consistent with
commonly accepted industry practices for maintenance of similar
marine facilities operated by the Lesseeduring the term of the lease
following the Boat Launch Refurbishment as described herein.
6. IMPROVEMENTS/ALTERATIONS
1. The Lessee will commence design, planning and permitting to upgrade the
boat launch to establish the facility as a reliable long term resource. The
Lessee will execute this capital improvement project ("Boat Launch
Refurbishment") expeditiously, dependent upon the permitting process and
regulated construction windows, at no cost to the City. The Lessee will
refurbish the boat launch consistent with the condition assessment conducted
by PND Engineers and as reported in their letter PND No. 084074.07 dated
October 29, 2010 which recommended total replacement of the pilings and
floats and extension/repair of the ramps. This scope of work may be modified
as may be required for compliance with permitting agencies upon prior written
approval of the City, which approval shall not be unreasonably withheld.
2. During the term of the lease following the Boat Launch Refurbishment, 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
3. 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.
4. 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.
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5. Unless the Lessee is in default or otherwise agrees, termination of this lease
for any reason by the City will require that the City reimburse the Lessee for
all capital expenses actually incurred, accelerated to the year of termination
using the last available Consumer Price Index (CPI) for the greater Seattle -
Tacoma area, and depreciated based on a 30-year amortization.
7. SIGNS
7A. 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.
7113. 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:
9A. Use of Facilities
1. Notwithstanding the Lessee's right to oversee and control the leased
Property, the City reserves or retains the right to pedestrian access as
follows: a 12-foot wide strip running immediately parallel to the top of
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the bank, running between the southwest to the northeast property
lines. The City's retained right of access shall be reserved for current
pedestrian use. The City also retains the right to improve said area, in
a manner which does not interfere with the Lessee's use, at such time
as the City develops a waterfront trail. For demonstrative purposes, the
area described in this paragraph is roughly depicted in the attached
Exhibit "C".
2. 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
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.
913. 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.
9C. 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:
10A. 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.
10B. 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.
10C. Abandonment
Lessee's abandonment of the Property.
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101). 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.
10E. Assignment
Lessee assigns this Lease without the City's prior written consent.
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
1. Upon termination of this Lease by the Lessee or as the result of an event of
default under Section 10, all improvements constructed by the Lessee 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.
2. At the termination of the lease the Property will not be required to be restored
to "like new" condition by the Lessee, but should be in a condition consistent
with the age of the facility and the application of commonly accepted industry
maintenance practices.
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12. 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.
13. HOLD HARMLESS/INDEMNIFICATION
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 person
14. INSURANCE
14A. Liability Insurance
s
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.
146. Policy Requirements
All such policies shall:
(1) Name the City as an Additional Insured and Loss Payee (Form CG
2010 [form B]) and list the Property as a covered site.
(2) Apply as primary insurance irrespective of any insurance which the
City may carry.
(3) 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.
(4) 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.
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14C. 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.
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.
16. 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
Port Orchard. WA 98367
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.
17. MISCELLANEOUS
The following miscellaneous provisions apply to this Lease:
17A. 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.
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17B. 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.
17C. "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
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.
17D. 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.
17E. 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.
17F. 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
Commissioners or their designee(s) shall negotiate on the Lessee's behalf.
17G. 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.
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ATTi
17H. 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.
171. 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
effect upon the remaining sections of this Lease, which remain in full force and
effect.
17J. Entirety
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.
17K. 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.
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
City Clerk
City of Port Orchard
Lease Agreement
PORT OF BREMERTON
A Municipal Corporation
P r
- CC- EkFCzPav-OF6-tore
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Approved As To Form:
6f/w
City Attorra y
Date:
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STATE OFj1a�q�)
V )ss
County of kla_'5Cep )
On this "1 day of n 1: / (7>10) I before me personally
appeared i (-(-75 37_' 1-� to me known to be
the (YY;-\ice— �° ofthe 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.
JP/) 2 I -A 0, ,14/ nl
Votary Public in and for the State of Washington
,i212, 42P 'Den n ��)r
Name Print_
residing at n(��Iroay-8 (IC (haV.,
My commission expires: ) ) - ) /5 ca DL)
STATE OF WASHINGTON )
)ss
County of KITSAP )
On this _A�' _ day< C.kJl� WQ , a01\ before me personally
to me known to be the ' ,L of the
Port of Bremerton, the municipaT 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
day and year first above written.
OFFICIAL SEAL
VMWAYE
NOTARY PUBLIC -STATE OF WASHINGTON
My Commission Expires April 1 2013
Port of Bremerton
Lease Agreement
have hereunto set myahand and affixed my Official Seal the
Name Printe
residing at
My commission
of Washington
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Notary Page
EXHIBIT A
9Nard C. MulTer and Associates - Licensed Land Surveyors
217 Sidney Avenue
Port Orchard, WA 98366
Telephone (360)876-3443
Fax (360)377-5951
www.wcmassoc.com
EIN 90 0011360-UBf Epp 385020
January 7, 2011
Water Street
That portion of Government Lot 3, Section 26, Township 24 North, Range 1 East
W.M. and being a portion of S.M. Stevens Town Plat of Sidney and also being a portion
Of the Map of the Shore and Tidelands of Sidney, Kitsap County, Washington dated
1892 more particularly described as follows:
That certain street know as Water Street as shown on S.M. Stevens Town Plat of
Sidney, filed in Volume 1, page 1 of plats and also shown on Map of the Shore and
Tidelands of Sidney, Kitsap County, Washington dated 1892, lying Northwesterly of
Bay Street [SR 166 (Formerly State Road 14)1, Southwesterly of the Re -Plat of Block 10
Sidney Tidelands as filed in Volume 9, page 50 of plats, Northeasterly of Block 4 of said
S.M. Stevens Town Plat of Sidney, Northeasterly of Block 4 of said Map of the Shore
and Tidelands of Sidney and Southeasterly of the Inner Harbor Line as shown on said
Map of the Shore and Tidelands of Sidney
Situate in Kitsap County, Washington
All as shown on "Exhibit" dated January 6, 2011 attached hereto and by this
reference made a part hereof.
101
EXHIBIT B
L"J
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Exhibit showing
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Exhibit showing
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Replat of Block 10 and portion of Block 4
Plat of Sidney Tidelands
s�mreen a,ormnor
Government Lot 2
Section 26-Township 24 North -Range 1 East W.M.
January a, 2011