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
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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
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Karen Flynn, Kitsap Co Auditor
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(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
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01/25/2008 12:24 PM
Karen Flynn, Kitsap Co Auditor
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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
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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
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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
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01/25/2008 12:24 PM Page: 6 of 15
Karen Flynn, Kitsap Co Auditor
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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
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Karen Flynn, Kitsap Co Auditor
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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
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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
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(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
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Karen Flynn, Kitsap Co Auditor
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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
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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
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Karen Flynn. Kitsap Co Auditor
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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
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Karen Flynn, Kitsap Co Auditor Page: 13 of 15
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PORT ORCHARD CITY OF 200801250131
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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
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Karen Flynn: Kitsap Co Auditor
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EXHIBIT B