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061-11 - Caseco Associates, Inc. - ContractCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 PORT ORCHARD CITY OF 200801250131 Amended Lease Rec Fee $ 56 00 01/25/2008 12 24 PM Page: 1 0+ 15 Karen Flynn; Kitsap Co Auditor 111111111111111 ill! 111111 All IIII 1►1l IIIIE IN I111 ill1! 111111111111111111111111111 AMENDMENT TO LEASE AGREEMENT -�Q,- Vt4l C,�- no -11, 6� This Amendment to Lease Agreement ("Amendment") is made and entered into by and between the CITY OF PORT ORCHARD, a Washington Municipal Corporation ("Landlord") and CASECO ASSOCIATES, INC., a Washington Corporation ("Tenant"). Recitals WHEREAS, on February 15, 2000, Landlord and Case Excavation ("Case") entered into a Lease Agreement ("Lease") for an approximately % acre portion of parcel no. 342401-3-035-2000 described thereon; and WHEREAS, on September 25, 2002, Case's interest in the Lease was assigned to Caseco Associates, Inc; and WHEREAS, Landlord and Tenant now desire to amend the Lease upon the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged by the parties hereto, the parties agree as follows: 1. Section 1 of the Lease is amended to read as follows: Leased Premises: The Leased Premises shall be the portion of Tax Parcel No. 342401-3-035-2000 commonly known as 1260 and 1265 Lloyd Parkway and legally described as follows: 1260 Starting on the Northwest corner of the SE '/4 of the SW '/4, Section 34, Township 24N, R1 E W.M. traveling east along a 6' cyclone fence approximately 200 feet to the northeast corner, thence due south traveling along a 6' cyclone fence approximately 142 feet to the southeast corner, thence due west traveling approximately 200 feet along a 6' Page 1 of 4 cyclone fence to the southwest corner, thence traveling north approximately 142 feet along a 6' cyclone fence to the point of beginning. 1265 Starting on the Northwest corner of the SE % of the SW 1/4, Section 34, Township 24N, R1 E W.M. traveling along a 6' cyclone fence approximately 180' to the northeast corner, thence due south approximately 70' to a natural berm along Lloyd Parkway to the southeast corner, thence due west traveling approximately 200 feet to the southwest corner, thence traveling north approximately 200 feet along a 6' cyclone fence, to the point of beginning. A diagram of the Leased Premises identified as "Case Lease" and "Spay Clinic" is attached hereto as Exhibit A. 2. Section 2 of the Lease is amended to read as follows: Term. The term of this lease shall be for a period of four (4) years commencing November 1, 2007, and ending on October 31, 2011. So long as Tenant is not in default hereunder, Tenant shall have the option to renew this lease once for an additional four (4) year period upon the same terms and conditions as set forth herein, except as to rent, upon written notice by Tenant to Landlord of such election at least 480 days prior to the expiration of the original lease term. The rental rate to be charged and paid during the renewed lease term shall be renegotiated by the parties prior to the expiration of the original ease term. In the event the parties are not successful in arriving at a mutually agreeable rate by that time, the issue shall be submitted to arbitration for resolution. 3. Section 3 of the lease is amended to read as follows: Rent. Tenant shall pay Landlord the sum of $600.00 per month, which shall be due and payable in advance on the first day of each month. Landlord and Tenant agree that the rent amount represents the true and fair market value of the Lease Premises. In addition to the monthly rent, the Tenant shall pay to the Landlord the leasehold excise tax, which is currently 12.84%. Tenant shall also pay leasehold excise tax on the value of any improvements to the Leased Premises made by the Tenant that become the property of the Landlord pursuant to Section 6 of the Lease Agreement. 4. Section 9 of the Lease is amended to read as follows: Utilities. Tenant shall pay all fees charged for utilities utilized in connection with use and occupancy of the premises, including but not limited to gas, oil, electricity and telephone service. The Leased Premises is currently served by septic system. Should the septic system fail and connection to City sewer be required pursuant to City ordinances, Landlord shall pay the connection fees, including capital facilities charges, but Tenant shall pay all other costs and expenses of connecting to the City sewer system. 5. Section 11 of the Lease is amended by the addition of a new subsection (g) to read as follows: Pa PORT ORCHARDse CITY $0 F o0 200801250131 01/25/2008 12:24 PM page 2 of 1r � Karen Flynn, Kitsap Co Auditor 11111111 III 1111111111111111 HE Illi Illllil 1111 IN I$ 111111111111111111111111111111111 IN (g) Condition of Premises. THE PREMISES ARE RECOGNIZED BY THE LANDLORD AND TENANT TO BE IN "AS IS" CONDITION, WITH NO WARRANTIES OF ANY TYPE OR NATURE WHATSOEVER BY THE LANDLORD TO THE TENANT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TENANT SPECIFICALLY AGREES THAT LANDLORD HAS NOT MADE AND IS NOT MAKING ANY WARRANTY OF THE CONTITION HABITABLITY OR SUITABILITY OF THE LEASED PREMISES FOR ANY PURPOSE. TENANT HEREBY ACKNOWLEGES THAT IT IS AWARE OF THE PROPERTY'S HISTORY AS A LANDFILL AND HAS HAD AMPLE OPPORTUNITY TO INSPECT THE LEASED PREMISES TO ITS OWN SATISFACTION. 6. Section 15 of the Lease is amended to read as follows: End of Term. Upon termination of the Lease, Tenant shall return the premises to its pre -lease condition, taking away all material stored on the property pursuant to the Lease and shall remove the mobile office building. In no event shall any trash, debris or waste be left on the property following Tenant's vacating the property. If any trash, debris, or waste is left on the property following tenant's vacating the property, then Tenant shall pay a penalty of One Hundred Dollars ($100) per day until such remaining trash, debris, or waste is cleaned up by the Tenant at the Tenant's expense. 7. Remainder of Lease Unaffected. Except as specifically modified by this Amendment, the terms of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the date last signed by the parties below. LANDLORD: TENANT: CITY OF PORT ORCHARD CASECO ASSOCIATES, Inc. a Washington Municipal Corporation a Washington corporation By: By: A(/o Kim E. Abel, Mayor Brad Paige, President Execution Date: 0 — Execution Date: /Obl ( o -7 ATTEST: 1 z Michelle Merlino, City Clerk PORT ORCHARD CITY OF 200801250131 Amended Lease Rec Fee: $ 56 00 pa9e: 3 of 15 01/25/2008 12:24 PM Karen Flynn, Kitsap Co Auditor 11111111 III IIIIII till 111111111111. 11111111111111111 IIII Ill IIIII Illllll III IIIII IIIII IIII Ill) Page 3 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Kim E. Abel and Michelle Merlino are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath, stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Port Orchard, respectively to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: d oZ „�,�\��•,l\\pall h0 r I'll 'fro �� STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) Notary Public and for the State of Washington residing at lz-o Co My commission expires I certify that I know or have satisfactory evidence that BRAD PAIGE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath, stated that he was authorized to execute the instrument and acknowledged it as the PRESIDENT of CASECO ASSOCIATES, INC. to be the free and voluntary act of such party for the uses and purposed mentioned in the instrument. DATED: lolat U -7 .14 ;n y C-) ►►Ill, WASH��.�� Notary Public in and for th t tie of Washington residing at My commission expires rl� PORT ORCHARD CITY OF 200801250131 Amended Lease Rec Fee $ 56.00 01/25/2008 12:24 PM Page: 4 of 15 Karen Flynn; Kit sap Co Auditor Illilll !II lillll IIII IIIII Illi! I!II 11111/111/ IIII III! III!! IIIII II1111111 1111111111111 Page 4 of 4 k1h i:-u -'are h1opas -Z 7 PORT ORCHARD CITY OF 200801250131 Amended Lease Rec Fee: $ 56.00 page: 5 of 15 01/2512008 12:24 PM Karen Flynn, Kitsap Co Auditor 11111111111111111 EI 1111111111111 IM111 111111 IN IM 1111111111111111111 HE 111111111 IN City of Port Orchard PORT ORCHARD, WASHINGTON 98366 To Whom It May Concern RE: Lease Agreement, dated 15 February 2000 Assignment of Lease 25 September 2002 The City of Port Orchard is the Landlord in a lease agreement with the Tenant, Case Excavation, to allow that firm to use a portion of City property. Paragraph 21 of the Lease Agreement states that the tenant shall not assign its rights or obligations to any party without the expressed consent of the Landlord. The Landlord hereby consents to assigning the terms and obligations of the Lease Agreement from Case Excavation to Caseco Associates, Inc, as called for in Paragraph 21 of the Lease Agreement. Dated: September 2002 Leslie J. Weatherill Mayor ATTEST Michelle Merlino Deputy Clerk Dan Case Case Excavation Brad Paige Caseco Associates, Inc. PORT ORCHARD CITY OF 200801250131 Amended Lease Reo Fee: $ 56.00 01/25/2008 12:24 PM Page: 6 of 15 Karen Flynn, Kitsap Co Auditor 1111//11 III II!III El II1III 111111111111111I 11111 Illi IT 1111111111 IIIII!I III 11111 [illl 11111III CITY HALL MUNICIPAL COURT POLICE DEPARTMENT PUBLIC WORKS DEPARTMENT 216 Prospect 216 Prospect 546 Bay Street 216 Prospect Street Administration (360) 876-4407 (360) 876-1 701 (360) 876-1700 (360) 876-4991 FAX (360) 895-9029 FAX (360) 895-3071 FAX (360) 876-5546 FAX (360) 876-4980 LEASE AGREEMENT c,c) This agreement, made this day of cLb �� �1 J99 between the City of Port Orchard, a municipal organization and existing under the laws of the State of Washington (hereafter referred to as the "Landlord") and Case Excavation, whose business address is located at Box 8569, Port Orchard, WA 98366, hereafter referred to as "Tenant") W I T N E S S E T H WHEREAS, Landlord is the owner of a approximately 3/4 of an acre parcel of land, which is zoned for light industrial and commercial/business use; and WHEREAS, Landlord has approved Tenant's site -plan for storage of general contractor equipment and the Tenant's construction of a perimeter chain -link fence with locking gate; and WHEREAS, Tenant wishes to construct a perimeter chain -link fence with locking gate, and utilize the parcel for storage of general contractor's equipment in accordance with the approved site -plan. NOW, IN CONSIDERATION of the mutual promises contained herein, it is agreed as follows: 1. Leased Premises. Landlord hereby leases to Tenant, and Tenant hereby rents from landlord a portion of vacant land which is shown and designated as lot number/tax parcel number 342401-3-035-2000 on a map entitled Kitsap County Auditor's Map R34S, located in the City of Port Orchard, County of Kitsap, State of Washington. A portion of said map is attached hereto as Exhibit "A" and made a part hereof. 2. Term. The term of the lease shall be month -to -month, commencing on the date hereof and terminated pursuant to the terms of this Agreement. 3. Rent. Tenant shall pay to Landlord the sum of $250.00 monthly, which shall be due and payable on the first day of each month. In addition to the monthly rent, the Tenant shall pay to the Landlord the leasehold excise tax, which is currently 12.84%. In the event Tenant fails to make payments on or before the tenth (10th) day of each month, Tenant shall pay a late fee in the amount of $25.00 to cover Landlord's additional administrative expenses associated with late payment. 4. Use of the Premises. It is understood by the parties hereto that Tenant intends to use the premises for the placement of a temporary office, storage of excavating equipment and materials and for the construction of a perimeter chain -link fence with locking gate. The parties further agree that Tenant shall not use the premises for any other uses. Copies of the site -plan are attached hereto as Exhibit "B" and made a part PORT ORCHARD CITY OF 200801250131 56.00 pagei i of 15 01(26e/2008ase 12:24oPMee: $ Karen Flynn, Kitsap Co Auditor IIIIIIIIIII IIIIIIIIIIIIItIIItIIIIIII4IIIIIIitIIIIIIIIIIIIIIEll IIIIIIIIIIIIIIIIIII hereof. Any changes to the plans shall require the approval of the Landlord. Such approval shall not be unreasonably withheld. 5. Government Approval. Tenant shall be responsible for and shall secure promptly all necessary governmental approvals, including, but not limited to, building permits. 6. Construction. Alterations and Repairs. Tenant shall construct a perimeter chain - link fence, shown in Exhibit "A", in a good and workmanlike manner using first class materials. Tenant shall construct the chain -link fence with a locking gate. In addition, the chain -link fence shall also have slats in it to serve as a visual barrier. Construction shall be commenced within thirty (30) days after building permit is issued. Tenant shall make application for the building permit within fifteen (15) days after the date hereof. Construction shall be completed within thirty (30) days after commencement thereof. In no case, unless by amendment to this Agreement, shall Tenant be permitted to construct a building on the site. During the term of this lease, Tenant shall make all needed alterations or repairs of any nature. Tenant shall maintain the premises in a first-class condition at all times. In the event tenant fails to make a necessary repair, Landlord may, but shall not be required to, enter upon the premises and perform the repair. Landlord may charge the cost of the repair to Tenant as additional rent. Such additional rent shall be due and payable on the first day of the month after which the Landlord has paid for the repair. All structures, improvements and fixtures of any nature construction or installed by Tenant on leased premises shall become the property of landlord and shall not be removed therefrom by Tenant. 7. Insurance. Tenant shall maintain public liability insurance on the leased premises in the amount of One Million Dollars ($1,000,000) per claim. Landlord shall be named as an additional insured. Tenant shall provide Landlord with certificates of insurance indicating such coverage, together with proof of premium payment at lease once each year <every four months>. Tenant shall secure a provision in each policy of insurance requiring that at least twenty (20) days written notice be given to Landlord by insurance carrier prior to cancellation of any policy. In the event Tenant fails to secure such insurance, Landlord may obtain the same and charge the premiums to Tenant as additional rent, which shall be due and payable on the first day of each month after which Landlord paid such premiums. 8. Indemnification. Tenant does hereby covenant and agree with Landlord that it will indemnify and hold harmless for and against any and all liability, damages, penalties, or judgments arising from injury to person or property sustained by anyone in and about the leased premises due to any acts of omission or commission of Tenant, or Tenant's officers, agents, servants, employees, or contractors. Tenant shall, at its own cost and expense, defend against any and all suits or actions which may be brought against Landlord because of any such above -mentioned matter, claim or claims. PORT ORCHARD CITY OF 200801250131 Amended Lease Rec Fee: $ 56 00 01/25!200B 12:24 PM Page: 8 of 15 Karen Flynn: Kitsap Co Auditor 1lllilll III 1111111111 IIIIII 1111111111111111111111 IN 1111 Illli Illli IIIIIII ��� IIIII ����� IIII ���� Landlord shall not be responsible or liable for any damage and any property, fixtures, buildings, or other improvements, or for any injury to Tenant or to any of Tenants officers, agents, servants, employees, or contractors, except as may result form any act or acts of omission or commission of Landlord or Landlord's officers, agents, servants, employees, assignees or contractors. 9. Utilities. Tenant shall pay all fees charged for all utilities utilized in connection with use and occupancy of the premises, including, but not limited to, gas, oil, electricity and telephone service. 10. Inspection. Landlord shall have the right to enter upon the premises at any reasonable hour to inspect for compliance with the terms of this Lease. Landlord shall provide Tenant with notice of inspection at least forty-eight (48) hours prior to making inspection. 11. Environmental Provisions. (a) Tenant shall comply with all environmental laws, orders and regulations of federal, state, county and municipal authorities, and with any directive issued pursuant to law by any public officer thereof, which shall impose any order or duty upon Tenant pertaining to the construction, use or occupancy of the leased premised by Tenant. (b) Tenant shall have the right, upon giving written notice to Landlord, to contest any obligations imposed upon Tenant pursuant to the provisions of this Paragraph a, and to defer compliance during the pendency of the contesting proceedings, provided that the failure of Tenant to comply will not subject Landlord to civil fine or criminal penalty. (c) Notwithstanding the foregoing, in the event the Tenant's failure to promptly fulfill the contested obligations would pose an imminent threat to public health, public safety and/or the environment. Tenant shall immediately perform whatever actions may be required to abate the immediate threat. Thereafter, Tenant may contest the obligations and defer further compliance, a set forth above. (d) Tenant shall provide Landlord with copies of all documents served upon Tenant or his counsel, and served by Tenant or his counsel, and served by Tenant or his counsel, upon the government authority. (e) Failure of Tenant to comply with the provisions of this Paragraph (a), shall be an act of default under the terms of this Lease and shall entitle Landlord to pursue all applicable remedies. In addition, Landlord shall be entitled to collect from Tenant any fines, penalties, expenses of defense (including legal fees) expenses of compliance and other damages incurred by Landlord by reason of Tenant's default under this Paragraph a. PORT ORCHARD CITY OF 200801250131 Amended Lease Rec Fee: $ 56.00 01/25/2008 12:24 PM Page: 9 of 15 Karen Flynn, Kitsap Co Auditor 1 IIIIIII III II1111 IIII III111 IIIII IIII IIIIIII IIIIII lilt 11 IIIII IIIII IIIIIII III llill IIIII IIII IIII (f) In the event that Tenant discovers any condition during the course of excavation and construction that would indicate the possible existence of hazardous substances on the premises, Tenant shall immediately notify Landlord. Landlord shall investigate the matter at his sole cost and expense. If the substances are indeed hazardous (as defined in paragraph 12), Tenant shall be entitled to terminate this Lease by giving written notice of its election to do so within twenty (20) days after Landlord advises it that such substances are hazardous. The obligation to pay rent shall be suspended upon the date of discovery by Tenant of the evidence of hazardous substances. If Tenant elects not to terminate, Landlord shall promptly take whatever actions are required by law to remediate, remove or otherwise clean up the premises as required by state or local law. 12. Hazardous Substances. This term "hazardous substance shall mean any substance deemed hazardous under any of the following statutes or under any other statute or regulation of any governmental response, compensation and liability and, 42 U.S.C. Sec. 9601 et se=c.; the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et sec .; the Hazardous Material Transportation Act, 49 W.S.C. Sec. 1801 et the Toxic Substance Control Act, 15 U.S.C. Sec. 2611 et se=c .; or the Model Toxics Control Act, RCW 70.105D.010 et sec . Et se=c .; 13. Trash. Tenant shall store all trash, debris and all other waste materials in fire- proof container, and normal office waste paper and other normal office trash in waste baskets within the leased premises. In no event shall any trash, debris or waste materials be stored outside of the building. 14. Quiet Enjoyment. Landlord covenants and agrees that Tenant may peacefully and quietly enjoy the leased premises, subject, however, to Tenant's fulfillment of the covenants and agreements contained in this Lease. 15. End of Term. The Term of the tenancy shall be month to month and shall be terminated by written notice of twenty (20) days or more proceeding the end of any said month, given by either party to the other. In the event of notification of termination by either party. Tenant shall return the premises to its pre -lease condition, taking away all material stored on the property pursuant to the Lease. In no event shall any trash, debris or waste be left on the property following Tenant's vacating the property. If any trash, debris, or waste is left on the property following Tenant's vacating the property, then Tenant shall pay a penalty of One Hundred Dollars ($100) per day until such remaining trash, debris, or waste is cleaned up by the Tenant at the Tenant's expense. 16. Notices. Any notice required to be given to Landlord shall be in writing and sent by certified mail, return receipt requested, to the City Clerk, at 216 Prospect Street, Port Orchard, Washington, 98366. PORT ORCHARD CITY OF 200801250131 Amended Lease Rec Fee $ 56.00 01/25/2008 12:24 PM Page 10 of 15 Karen Flynn, Kitsap Co Auditor 1 IIIIIII III IIIIII IMI 1111 1111E 1111111111111111111111111111111111 IN 111111111111111111111111111111111111 IIII Any notice required to be given to Tenant shall be in writing and sent certified mail, return receipt requested to Case Excavating at the following address: P.O. Box 8569, Port Orchard, WA 98366. 17. Waiver. Any failure by either party to enforce any right arising hereunder shall not be deemed a waiver of such right. 18. Amendments. Thus Agreement may only be modified by a written amendment signed by the parties. 19. Captions. The captions proceeding the paragraphs of this Lease are inserted only as a matter on convenience and for reference purposes, and in no way define, limit or describe the scope of this Lease or the intent of any provisions of this Lease. 20. Default. The following shall be events of default on the part of the Tenant under the terms of the Lease: (a) Failure to pay rent or other assessments when due; (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (c) Failure to comply with any other Lease provision contained herein; (d) Vacating or abandoning the premises. In the event of default, Landlord shall give written notice of default to Tenant, specifying the nature of the default. Tenant shall have ten (10) days from the date of notice to cure a default. If Tenant fails to cure the default with in the specified time, landlord may terminate the Lease and remove Tenant by summary proceedings or otherwise. The obligation of Tenant to pay rent for the remainder of the term shall continue after removal. 21. Assignment. Tenant shall not assign its rights or obligations under this Lease to any party with out the expressed written consent of Landlord. Landlord may withhold its consent without reason. If Landlord agrees to give its consent to the assignment, it may condition the consent on receiving a satisfactory financial statement from the assignee. Tenant shall provide Landlord with a fully executed copy of the assignment and all ancillary documents pertinent to the transfer. 22. Sublease. Tenant shall not be permitted to sublease all or part of the property described in "Exhibit A". 23. Attorney Fees and Costs. In the event of a lawsuit, action, or other proceeding between the parties to this contract, the prevailing party shall be entitled to recover judgement against the other party for reasonable attorney fees PORT ORCHARD CITY OF 200801250131 Amended Lease Rec Fee $ 56.00 01/25/2008 12.24 PM Page 11 of 15 Karen Flynn: Kitsap Co Auditor 111111111111111111111111111111111111111111111111111111 IN 1111111111111111111 ill 111111111111 IN and costs, with the forgoing applicable to proceedings both in the trial and appellate court levels and arbitration proceedings. 24.13inding Effect. This Agreement is binding upon and inures the benefit of the parties hereto and their respective heirs, personal representatives, successors, and permitted assigns. DATED THIS day of / —��x4 2000 Case Excavating CITY OF PORT ORCHARD STATE OF WASHINGTON ss. COUNTY OF KITSAP n&- --- Dan Ca Leslie J. Weatherill, Mayor On this day personally appeared before me, Leslie J. Weatherill,_to me known to be the Mayor of the City of Port Orchard, the municipal corporation that executed the 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 on oath stated they were authorized to execute the said instrument on behalf of the said municipal corporation. _ fD GIVEN under my hand and official seal this IS day of May, 2000. Notary Public in and for the State of Washington Residing at Port Orchard r� My commission e�cpires: s i `. .. ' Name: t cT &Y �Il� ....�cQ PORT ORCHARD CITY OF 200801250131 Amended Lease Rec Fee $ 56 00 01/25/2008 12 24 PM Page. 12 of 15 Karen Flynn. Kitsap Co Auditor 111111 ill 1111111111111 illi 1111111111111111111111111111111 IN 1111111111111 IIIIIII 111 !illl IIIII ���� IIII STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day personally appeared before me, Dan Case -to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this %y day off 2000. ►,���PJ`Q �EFF�� s - �:• �` � ; to Public in nd or the State of'W-6ii in ton PU�L�C Residing at Port Orchard g c-) 0. state ot t My commission ;co s�iovvn Lexpires: 11 72 p 0 4ntunsh8Name %;;°nfxpires,.�`�� PORT ORCHARD CITY OF 2008012t30131 Amended Lease Reo Fee: $ 56.00 01/25/2008 12:24 PM Karen Flynn, Kitsap Co Auditor Page: 13 of 15 1111111111 III 1111111111111111111111111111111111111111111111 IIII 1111111111111111111111 ill 1111111111 IIII 1111 PORT ORCHARD CITY OF 200801250131 " 'ded Lease Rec Fee. $ 56 00 Page: 14 of 15 l2 015/2008 12 24 PM 1111 $ UK 4I 111tlilf'At 1$I111ittilll4i IIIII1111111IIIIt 113 3I 4 LEASE BETWEEN THE CITY AND CASE EXCAVATING SITE LOCATION The approximate dimensions are 150 feet by 200 feet, which is 0.69 acres. AUDITOR'S MOTE LEGIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS INSTRUMENT WHEN RECEIVED. PORT ORCHARD CITY OF 200801250131 Amended Lease Reo Fee $ 56.00 01/25i2008 12 24 PM Page: 15 of 15 Karen Flynn: Kitsap Co Auditor 1 IIIIIII III 111111 IIIII II11 IIIIII IIIII IIII IIIIIII 11111 IIII IIII 1111 IIIII I111111 III 111 Hil IIII 111 EXHIBIT B