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133-22 - Port of Bremerton - ContractDocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF Contract No. 133-22 Memorandum of Understanding for Use of Department of Natural Resources (DNR) Aquatics Land Area in Port of Bremerton Port Management Agreement (PMA) 22-080016 Between City of Port Orchard and Port of Bremerton 2022 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF Contents 1. RECITALS...............................................................................................................................................1 2. PURPOSE...............................................................................................................................................2 3. PREMISES..............................................................................................................................................3 4. EFFECTIVE DATE....................................................................................................................................3 S. TERM.....................................................................................................................................................3 6. PERMITTED USE....................................................................................................................................4 7. COMPENSATION...................................................................................................................................4 8. RESTRICTIONS ON USE; COMPLIANCE WITH LAW................................................................................5 9. INSURANCE...........................................................................................................................................6 10. RECIPROCAL INDEMNIFICATION...........................................................................................................7 11. PRESENCE OF HAZARDOUS MATERIALS................................................................................................8 12. DEFAULT BY CITY OF PORT ORCHARD................................................................................................... 8 13. NOTICE.................................................................................................................................................. 8 14. ENTIRE AGREEMENT.............................................................................................................................9 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is dated on the day of the last signature on this MOU, by and between the Port of Bremerton ("Port"), a public port district, and the City of Port Orchard ("City"), a Washington State municipal corporation. RECITALS A. The Port Orchard Marina is owned and operated by the Port of Bremerton, which has a Port Management Agreement (PMA) no. 22-080016 with Department of Natural Resources ("DNR") for use of State-owned aquatics lands for port purposes. It is located within the Port Orchard Harbor Area in Sinclair Inlet, in Kitsap County, Washington. B. The Port of Bremerton has a lease no. 22-B02235 with DNR for use of State-owned aquatic lands commonly known as the Port of Bremerton Port Orchard Waterfront, for the Port use with the Port Orchard equipment and water dependent uses serving the Port Orchard Marina. The present termination date for lease no. 22-B02235 is August 31, 2041. Throughout this Agreement, this lease is referred to as the "Port's DNR Lease". C. The City of Port Orchard has a lease no. 22-A02582 with DNR for use of State-owned aquatics lands for parking lot, public access, and City public sewage pump station. The lease area is located within the Port Orchard harbor area of Sinclair Inlet, in the City of Port Orchard, Kitsap County, Washington. The present termination date for lease no. 22-OA2582 is June 3, 2024. Throughout this Agreement, this lease is referred to as the "City's DNR Lease". D. The State-owned aquatics lands under the Port's DNR lease and the City's DNR Lease for the City Pump Station are adjacent parcels. E. The City of Port Orchard existing City sewage pump station impacts and encroaches into the Port of Bremerton lease area within the Port's DNR Lease, and the City proposes to demolish the existing station and to construct a new sewage pump station, holding tanks, conveyance pipes, and power generation improvements with an increased impact and encroachment into the Port of Bremerton lease area subject to the Port's DNR Lease. An Exhibit of those proposed, expanded encroachments are depicted in Exhibit A. F. The Port is willing to allow City use of the portion of upland state-owned lands area that overlaps the Port's DNR Lease of the Port's PMA no. 22-0800016 shown in Exhibit A. G. The Port is willing to allow the City temporary use of the upland state-owned lands for temporary project construction access and staging and that overlaps the Port's DNR lease shown in Exhibit B. Page 1 1 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF H. The City commits that the Port shall have use and public access to Port Marina Buildings, Marina Access Gates, and to the Port facilities for uninterrupted operations throughout the construction period for the City Marina Sewage Pump Construction project. I. The City commits that the Port shall have use and access for semi fuel truck delivery to the Port Orchard Marina fuel tanks for uninterrupted fuel dock operations throughout the construction period and after completion of the proposed Sewage Pump Station, subsequent Port Orchard Community Center, and proposed Bay Street Elevation improvement projects. The Port commits to provide the City with 72-hour advanced notice of deliveries, consistent with the terms of this agreement. J. The City agrees to coordinate with the Port for any modifications and/or updates to the aforementioned existing DNR leases, as may be required by DNR. The Port authorizes the City to communicate with DNR regarding these specific lease modifications, provided the Port is included on these communications. The City commits that it will provide all needed language and exhibits for lease modifications (if any) for the City encroachments. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. RECITALS The foregoing recitals are true and correct and are incorporated herein by this reference. 2. PURPOSE 2.1 The purpose of this Memorandum of Understanding is to set forth the terms and conditions by which the Port will sublet to the City that portion of property described below as the "Premises" for a time certain, conditioned upon and pending DNR approval, as well as the terms and conditions of seeking and obtaining necessary modifications to the City lease referenced above and the Port lease referenced above, conditioned upon DNR approval, which will remove the area described as the "Premises" from the Port lease and add it to the City lease. The parties acknowledge this process may be lengthy, and provide for the time frame below. 2.2 The purpose of this MOU is to also replace and rescind the existing 1987 MOU between the City of Port Orchard and the Port of Bremerton regarding the existing wastewater pump station. 3. PREMISES The "Premises" consists approximately of 1,524.25 square feet of DNR aquatic lease area shown in Exhibit A, attached hereto, and as depicted and legally described in Exhibit A. By this Agreement and subject to DNR approval, the parties intend for the Premises to be removed from the Port's DNR Lease and added to the City's DNR Lease. Page 1 2 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF The City of Port Orchard acknowledges and agrees that it is familiar with the Premises, accepts the Premises in its "as is" condition, without any improvements or alterations by Port, without representation or warranty of any kind, and subject to all applicable laws governing its use, occupancy, and possession. City acknowledges and agrees that it has investigated and inspected the condition of the Premises and the suitability of the Premises for City's intended use. City acknowledges and agrees that Port has not made, and Port hereby disclaims, any representations or warranties, express or implied, concerning the rentable area of the Premises, the physical or environmental condition of the Premises, the present or future suitability of the Premises for City's intended use, accessibility of the Premises or any other matter whatsoever relating to the Premises, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. 4. EFFECTIVE DATE The "Effective Date" of this MOU shall be the date this MOU has been fully executed. 5. TERM 5.1 The "Term" of this MOU shall begin on the Effective Date and continue for a period of 24 months, unless earlier terminated as provided herein; provided, the City may exercise one (1) two- year extension without further action by the Port if DNR has not completed the transfer of the Premises from the Port's DNR Lease to the City's DNR Lease. It is the intention of the parties to continue this agreement until the lease "transfer" is completed, provided if the MOU terminate prior to that occurring, the parties will negotiate the terms of a MOU to govern the conditions that exist at that time. 5.2 The City may exercise their option to extend by written notice at least 30 days prior to the expiration of this MOU. 5.3 In the event a modification to the City's DNR Lease to encompass Premises within the City lease is completed, defined as executed by DNR and by the City, prior to the expiration of this MOU, the parties agree this MOU would terminate automatically upon such completion. 5.4 Either the City or the Port shall have the right to terminate this MOU with respect to the Premises by delivering 90 days of written notice to the other party. 6. PERMITTED USE 6.1 The City shall have the right to use the Premises for the provision of public access to City public facilities, for City pump station facilities, public parks, and similar allowed uses, and for incidental directly related uses identified within Port's DNR Lease and for no other purpose for the duration of this Agreement (collectively, the "Permitted Use"). Page 1 3 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 6.2 Use of the Premises by City will allow for continued public use of the Port Orchard public plaza, park and its benefits and amenities at no cost to Port. Given the existing City DNR Lease, all uses proposed for the parcel shall be compliant with DNR use requirements. 6.3 Written notification shall be provided by the City to the Port within 90 days prior to any proposed use of the premises for a non -water -dependent use, commercial use, or similar use that results in a higher calculation rate for the Port's DNR lease, annual lease amount for either the Premises or the whole of the Port's DNR lease. 6.4 The City shall ensure that the Port and public shall have use and access to Port Marina Buildings, Marina Access Gates, and to the fuel dock (see below) for uninterrupted operations throughout the construction period for the City Marina Sewage Pump Construction project, subject to any closures that are unavoidable due to conditions outside of the City's control. 6.5 The City shall ensure that the Port shall have use and access for semi fuel truck delivery to the Port Orchard Marina fuel tanks for uninterrupted fuel dock operations throughout the construction period and after completion of the proposed Sewage Pump Station, subsequent Port Orchard Community Center, and proposed Bay Street Elevation improvement projects. 7. COMPENSATION 7.1 The City shall provide the Port of Bremerton annual financial compensation for the proportion share of the annual DNR lease rate for the Port's DNR Lease based upon square footage of 1,524.25 square feet, as identified within Exhibit A . The Port's Lease has a total square footage of 26,051.6 square feet, as identified in Exhibit B. For the duration of this Agreement, the City shall financially compensate the Port each year for the proportional share of the DNR annual lease rate in the proportional amount of 5.85% of the total amount. 7.2 The Port shall provide notification to the City of the annual DNR lease rate amount for the Port's DNR Lease upon payment and acceptance by DNR for each year's payment. Notification and an invoice of the annual DNR proportional share amount shall be provided to the City within 90 days after the annual payment and acceptance to DNR. 7.3 The City shall provide compensation and payment to the Port each year for the proportional share to be provided on or before December 31 of each year, with the initial annual, proportional sub -lease payment due to the Port by December 31, 2023. 7.4 In the event that any City activity, projects, use, or installation results in a non -water - dependent use or commercial use that results in a higher calculation rate for the Port's DNR Lease annual lease amount for either the portion or the whole of the Port's DNR Lease, then Page 14 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF the City shall compensate the Port for the differential lease costs for that City directed non - water dependent or commercial use calculation. 7.5 The City shall compensate the Port for the actual cost of any surveys, legal descriptions, or required reports borne by the Port in furtherance of the purposes of this MOU. The City further agrees to compensate the Port for the actual legal costs incurred by the Port in preparing this MOU, not to exceed $5,000. Reimbursement shall be due 30 days after presentation of billing to City. 7.6 In the event that any City activity, projects, construction or use shall disrupt the Port Orchard Marina fuel dock operations or disrupt access for semi fuel truck delivery to the Port Orchard Marina fuel tanks for uninterrupted fuel dock operations throughout the construction period and after completion of the proposed Sewage Pump Station, subsequent Port Orchard Community Center, and proposed Bay Street Elevation improvement projects, then the City will be liable for $ 1,350.00 per day as liquidated damages, payable to the Port for each dayof operations disruption, beginning the 3rd day of disruption until the resumption of fuel dock operations and/or access. Payments to the Port shall be made monthly to the Port each month after a disruption occurs. 8. RESTRICTIONS ON USE; COMPLIANCE WITH LAW 8.1 City shall not use or permit the Premises, or any part thereof, to be used for any purposes other than the purposes set forth in Paragraph 6 of this MOU. City agrees not to make any material improvements or significant alterations to the Premises or the Overlap Area without the prior written consent of Port as well as obtaining any necessary regulatory permits. 8.2 City shall not perform any act which will cause a cancellation of any insurance policy covering the Premises. City, at City's expense, shall comply with all laws, regulations and requirements of any federal, state, and local government authority (including Port and City), now in force or which may hereafter be in force, which shall impose any duty upon Port or City necessitated solely by use, occupation or alteration of the Premises under this MOU, except for any such laws that impose a duty upon Port arising from the condition of the Premises prior to City's use of the Premises. City shall comply, and cause approved agents to comply, with all laws, regulations and requirements of any federal, state, and local government authority (including Port and City), now in force or which may hereafter be in force, in using the Overlap Area for access purposes. 8.3 City shall not sublet described property without written authorization from the Port of Bremerton. 8.4 City shall be responsible for all maintenance, landscape, repairs, janitorial duties, and operations of facilities or improvements located within the area identified within Exhibit A, and areas within the City's DNR Lease. Page 1 5 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 8.5 City shall comply with all provisions identified and required by the Washington State Department of Natural Requirements indicated and identified within the Port's DNR Lease 9. INSURANCE 9.1 The City shall procure and maintain the following insurance policies to apply to the Premises for the duration of the MOU: The City will maintain the following levels of insurance while this agreement is in effect Type of coverage Limits Deductible ® All risk property coverage $250 million goer occurrence $0 ® Liability coverage $15 million per occurrence $0 ® Employee fidelity blanket coverage $1 million per occurrence $-0 ®Comprehensive auto liability $15 million per occurrence $0 ® yber IiabiIity $3 million per Occurrence $0 ® Pollution liability $2 million per Occurrence $0 Additionally, the City will require its Contractor for the Marina Lift Station project to provide the following coverages: a. Primary and Excess Commercial Marine General Liability. Primary and Excess Commercial General Liability insurance with limits no less than ten million dollars ($10,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. General liability coverage must be broad enough to include work on or around sewage pump station and electrical equipment, construction activities, generators, commercial activity, or parks, public event issues arising on the upland portion of the Premises. Coverage shall also include impacts due to flooding, sewage, effluent, or similar spills or public health issues, or impacts from a public sewer pump station activity. b. Primary and Excess Protection and Indemnity. Subject to a minimum coverage of not less than ten million dollars ($10,000,000) combined single limit per accident for Crew, including Jones Act liability, and passenger's bodily injury and property damage. C. Primary and Excess Pollution Legal Liability Insurance. Coverage for sudden and accident damages for facilities, buildings, and infrastructure with limits no less than ten million dollars ($10,000,000). e. All Risk Property. "all risk" property insurance coverage written on a replacement cost basis for the fuel tanks, utilities, and all infrastructure serving the marina buildings, piers, ramps, gangways, and floats. City shall be named a sole Loss Payee. 9.1.1 Additional Insured Status. The foregoing insurance policies (except for the Hull & Machinery) shall name the Port of Bremerton and DNR as additional insureds as to occurrences arising from the activities of City and its employees. City shall provide certificates of insurance and, if requested, copies of any policy to the Port of Bremerton. Page 1 6 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9.1.2 Other Policy Provisions. Furthermore, the policies of insurance required herein shall: (i) be written as a primary policy; (ii) written on an occurrence basis, (iii) expressly provide that such insurance may not be materially changed, amended, or canceled except upon thirty (30) days prior written notice; and (iv) shall be written by an insurance company licensed to do business in the State of Washington. 9.1.3 DNR Requested Construction Bond. Pursuant to the direction of DNR, the City will procure a construction bond equal to 125% of the Project cost of construction (as per Section 7 of the City's DNR Lease), or will require its contractor to maintain a construction bond in the same amount. 10. RECIPROCAL INDEMNIFICATION To the maximum extent permitted by law, each Party shall defend, indemnify, and hold harmless the other Party and all of its officials, Board Members, employees, principals, and agents from all claims, demands, suits, actions, and liability of any kind, including injuries to persons or damages to property ("Claims"), which arise out of, are connected with, or are due to the negligent acts or omissions of the indemnifying Party, its contractors, and/or employees, agents and representatives in performing its obligations under this Agreement, provided each Party's obligation under this section applies only to the extent of the negligence of that Party or its contractors, employees, agents, or representatives. Each of the Parties agrees that its obligations under this section extend to any claim, demand, cause of action and judgment brought by, or on behalf of, any of its employees or agents. For this purpose, both Parties, by mutual negotiation, hereby waive, regarding the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. 11. PRESENCE OF HAZARDOUS MATERIALS 11.1 Washington State law requires landlords to disclose to tenants the presence or potential presence of certain Hazardous Materials. Accordingly, the City of Port Orchard is hereby advised that Hazardous Materials (as herein defined) may be present on or near the Premises and the Access Area, including, but not limited to vessel fluids and janitorial products. By execution of this MOU, City of Port Orchard acknowledges that the NOA Laws require that the City of Port Orchard must disclose the information contained in this Section 11 to any subtenant, licensee, transferee, or assignee of City of Port Orchard's interest in this MOU. City of Port Orchard also acknowledges its own obligations pursuant to Washington State Code as well as the penalties that apply for failure to meet such obligations. 11.2 City of Port Orchard shall notify the Port of Bremerton of any Hazardous Materials 12. DEFAULT BY CITY OF PORT ORCHARD The occurrence of any one or more of the following events shall constitute a default by City of Port Orchard: Failure to perform any provision of this MOU if the failure to perform is not cured within ninety (90) days after Port has given written notice to City of Port Orchard, Page 1 7 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF provided any prevention, delay or stoppage due to strikes. lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental restrictions, regulations or controls, enemy or hostile governmental action, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance. If the default cannot reasonably be cured within 90 days, City of Port Orchard shall not be in default of this MOU if City of Port Orchard commences to cure the default within such ninety (90) day period and diligently and in good faith continues to cure the default. 13. NOTICE Any notice given under this MOU shall be effective only if in writing and given by delivering the notice in person or by sending it first-class mail or certified mail with a return receipt requested or by overnight courier return receipt requested, with postage prepaid, at the following addresses, or at such other addresses as either the Port or City of Port Orchard may designate by notice as its new address: Address for Port of Bremerton Telephone No: Fax No: Email: Chief Executive Officer Port of Bremerton 8850 SW State Hwy 3 Bremerton, WA 98312 (360) 674-2381 (360) 674-2807 iimr@portofbremerton.org Address for City of Port Orchard: Mayor City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Telephone No: (360) 876-4407 Fax No: (360) 895-9029 Email: rputaansuu@portorchardwa.gov Any notice hereunder shall be deemed to have been given two (2) days after the date when it is mailed if sent by first-class or certified mail, one day after the date it is mailed, if sent by overnight courier, or upon the date personal delivery is made. For convenience of the parties, copies of notices may also be given by email, facsimile or telephone to the address or numbers set forth above or such other address or number as may be provided from time to time; however, neither the Port nor City of Port Orchard may give official or binding notice by email, telephone or facsimile. Page 1 8 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 14. ENTIRE AGREEMENT This MOU (including attached exhibits, if any) contains the entire understanding between the parties with respect to the subject matter hereof. [REMAINDER OF PAGE LEFT BLANK] Page 1 9 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF IN WITNESS WHEREOF, the parties have caused this MOU to be executed as of the date written below. City of Port Orchard Resolution No. 124-22 Port of Bremerton Resolution No. 2022-10 CITY OF PORT ORCHARD, a public municipality PORT OF BREMERTON, a public port district DocuSigned by: 96b P4MV SWA. By•zssaz� Rob Putaansuu Mayor City of Port Orchard By: Jim Rothlin Chief Executive Officer Port of Bremerton Date Signed: 12/22/2022 Date Signed: l z Page 110 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF EXHIBIT 00 Z Z Z Z Z Z Z Z U U 0 0 W W W W W W W W W W W W W W W W z a a o 0 0 0 0 0 0 0 0 0 � � W Z Z Z Z Z Z Z Z O O O O O O O O o W W w � Q Q Q Q � � � � � O O O O O O O O z w w a a � � � � w � p cn cn � � � � � � � � w O O w w w w w w w w � w w w � CO N co N � CO I` O W � ti 6� � O co O O 1� � ao Z_ ti cYj � N � N CO M N � N fD CO I� � N M CO �f'> O Z N a0 I` � � � 6� N N M = a0 N � 1` L7 1` M a0 OMO O OMO M M M M M co OO O O O O O O O O O O z H Z � N M � Ln O ti CO O O� O of Of Of ft� \�\ 0 CD I� z cn J J O Q Of mLLJ C3 O 0 JOYW y =ti00 O J �� QOmU / J d ,�—� 0 In O z�00O Q O I— Ln 00 1* CD c) Q z LiI N a , , w Q 2 LLJ w w� �Z Q � aA v-vjiwaaaffj O Q � Jm \l a- Elf D_ w Q � g W 2 J_ 00 M Q � — 00 p Z p O� Q CD - N U) 0 O Q c. � di z Z w J 1,0 � LC) O Q ZOLLJ OM f O 0 / M. m Z L i J I V m� Q O H~ Q m O YUJI � 0 0 Q e-1 0 O=m � W LO L L U O J CL W O W z w O°�cfl U / Z�CND "\ OZ V♦ Z C) rn O Z N a_ m \ Z Z W N / Q O \ W W \ N 00 o U w Q Y I J n _ Z � � o Y m I < C 4 w / I .� Z I I I �~ I �A V I �► M I M 1 NccV) w �Q� J c I o_ \ \� ° z LO J Q oam / I / U O \ I ti I J co I / Q N N c fl Z�cfl� � � ,< � O N W _ Z 0 z I cnw0 O� co �Lz= OU I / U Q F— elf O H U) U U U O Of~ z I m U Q `Z LU w w � iE � � Yo�M W cWn z= I Q� C Q w w O �zoN�rn-- LL O J Of O Z X C14 O J -- wM Q -- U � mazLLi�i z � � — �— Elf z-- LO o -j \ a DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF EXHIBIT B When recorded, return to: Port of Bremerton 8850 SW State Highway 3 Port Orchard, WA 98367-7487 PORT OF BREMERTON 201109290042 Lease Rec Fee; $ 94.00 09/2912011 10:00 AM page. of 33 Walter Washington, Kitsap Co Auditor I I I I I 1111111111111I 1111111111I I I I I I I 111111 INI I I I I I III I I I I I I I I I I I I 111 IIIII I I I RNIII� AQUATIC LANDS'�EASE Lease No. 22-BO2235 Grantor: Washington State Department o a al Resources Grantee(s): Port of Bremerton Legal Description: Tract 1: That portion a th r ea lying landward of the Mean High Water line, fronting Blo-1— 11 O c ar eet in SM Stevens Town Plat of Sidney, filed in Volume 1, page 1 b is re ds Kitsap County, Washington and Block 11 and Orchard Street lying with and Tidelands of Sidney as shown on that certain reap dated May 92, et a portion of Government Lot 3, Section 26, Township 24 North, ge 1 E s M., more particularly described in Exhibit A; and Tract 2: That ion o t e harb r area lying landward of the Mean High Water line, fronting Bl c s 1 Street and a portion of Orchard Street, Fredrick Street and porti 1 ne et in SM Stevens Town Plat of Sidney, filed in Volume 1, page 1 of PI s re s Ki County, Washington, Block 13 and portion of Sidney Street in First Mont t 1 ey Kitsap County, Washington, recorded in Volume 1, page 10 of Plats, f Ki p County, Washington and Block 12 and 13 , Sidney Street, Fred et portion of Orchard Street, lying within the Shore and Tidelands of Sid a ass orl that certain map dated May 30, 1892, being a portion of Government Lot and 4, ction 26, Township 24 North, Range 1 East W.M., and more particularly esc ib i ibit A. e o legal description is on Sheet 1 of 12 of Exhibit A, Current Survey recorded with i ap County, Auditor's File No. 201103010135, dated March 01, 2011. As s 's Pro erty Tax Parcel or Account Number: Not Applicable Port ' roperty Tax Parcel for Upland parcel used in conjunction with this Lease: 5 01-1-007-2008 Port Orchard Page 1 of 33 Aquatic Lands lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 929OO42 09/29/2011 10.00.37 AM Page 2 of 33 THIS LEASE is between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State'), and PORT OF BREMERTON, a government entity ("Port"). BACKGROUND Port desires to lease the aquatic lands commonly known as the west end of the Pert waterfront, which are tidelands and a harbor area located in Kitsap County, ngton, State, and State desires to lease the property to Port pursuant to the terms "Coi 'ons of Lease. State has authority to enter Lease under Chapter 43.12, Chapter 0 and it e 79 F Revised Code of Washington (RCW). In 1984, the Aquatics Land Act (RCW 79.105.420 revised) auth ed a pdV istf"t manage State-owned aquatic lands abutting or used in conjunctio a d ontigu s to uplands owned, leased, or otherwise managed by a port distric , rt pu s plementing rules (WAC 332-30-114) further defined eligibility form Bement un e a Port Management Agreement requiring a port control both the dry upl s and any i to ening tidelands. The State, as a matter of practice, included f lled tideland . h upland c aracteristics as uplands controlled by a port. Along both the Bremerton waterfront (a.k.a. n pair Landing) and along portions of the Port Orchard waterfront, extensive historic filling res to in the first areas with upland characteristics being State-owned. In recognition of the ' t f t uatics Lands Act, the State leased to the Port of Bremerton areas used for upland es a es to Port -owned facilities allowing the abutting State Harbor Areas to l"ligib e o ' c1l in the Port Management Agreement No. 22-080016, as amended (PMA). This Lease is one of three area d to e art by the State specifically for PMA eligibility. The area consists of s by c s. It is PMA No. 22-080016, Parcel 1 in Port Orchard. The historic Lease a s e ing, landscaping, utilities, and public access associated with the Port-0 ma es. This Lease amends the historic Lease area to include the strip of filled ti e b ead to Mean High Water. This strip was formerly managed under Aquatic L d eas 02582 between the City of Port Orchard and the State. That Lease has been e e to ex ude the area now being added to this Lease, Aquatic Lands Lease 22-BO 5. THEREF , the P 'es agree as follows: Port remerton Page 2 of 33 Aquatic Lands Lease No. 22-BO2235 We d Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 3 of 33 1.1 1.2 SECTION 1 PROPERTY Property Defined. (a) State leases to Port and Port leases from State the real property descri (b) (c) (d) Exhibit A together with all the rights of State, if any, to improv( easements benefiting the Property, but subject to the exceptions set forth in this Lease (collectively the "Property"). This Lease is subject to .all valid interests of third parties not Kitsap County, or on file in the Office of the Commissi D e 1 Olympia, Washington; rights of the public under the Pu ru federal navigation servitude; and treaty rights of Indian Tri This Lease does not include a right to harvest, colle a g resources, including aquatic life or living plants; a er righ ; right to excavate or withdraw sand, gravel the luable < in and ;ora State reserves the right to grant easem t other s on the Property to others when the easement or other la ses will nterfere unreasonably with the Permitted Use. Survey and Properly Descriptions. (a) Port prepared Exhibit A, wl>( (b) describes the—P—roperty. Port warrants that Exhibit A is a true and accurate descriIotibn of the Lease boundaries and the improvements to be constructed obligation to provide a tru a material term of this L State's acceptances Ex 'b't description accuratelflec reserves the right t et Lease State dis= existing in the Lease area. Port's scription of the Property boundaries is Tt constitute agreement that Port's property al amount of land used by Port. State just rent if at any time during the term of the between Port's property description and the area act}�ally u e by Po . 1.3 Inspection. to a s re esentation regarding the condition of the Property, improvements 1 c t o the o erty, the suitability of the Property for Port's Permitted Use, compliance wit o al 1 and regulations, availability of utility rights, access to the Property, or the is nce o ardous substances on the Property. Port inspected the Property and accepts it "A I ." 2.1 chard SECTION 2 USE se. Port shall use the Property for: nonwater-dependent offices, parking, ces, and public access (the "Permitted Use"), and for no other purpose. Page 3 of 33 Aquatic Lands Lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 4 of 33 2.2 Restrictions on Permitted Use and Operations. The following limitations apply to the Property and adjacent State-owned aquatic Iand. Port's compliance with the following does not limit Port's liability under any other provision of this Lease. (a) Port shall not cause or permit: (1) Damage to natural resources, (2) Waste, or (3) Deposit of material, unless approved by State in writing, e�x 19 the extent expressly permitted in Exhibit B. This prohib' ' cludes sit of fill, rock, earth, ballast, wood waste, refuse, garb e, w to atter, pollutants of any type, or other matter. (4) Except as expressly permitted in Exhibit B,•'.aort sha ruct new bulkheads or place hard bank armoring. (5) Except as expressly permitted in Exhibit B ort sha of in fixed breakwaters. X__—D 2.3 Conformance with Laws. Port shall, at all t' es, keep cu t and comply with all conditions and terms of permits, licenses, certificates gulations, r inances, statutes, and other government rules and regulations regarding Port's us o ccupan f the Property. 2.4 Liens and Encumbrances. Unless ressly authonzedby State in writing, Port shall keep the Property free and clear of liens or en rances arising froze the Permitted Use or Port's occupancy of the Property. O SE 3 RM 3.1 Term Defined. The term t as hirty (30) years (the "Term"), beginning on the first day of September 2011 (t me e ent Date"), and ending on the thirty-first day of August 2041 (the "Tertpinatio ate"), �ir%less terminated sooner under the terms of this Lease. 3.2 Renewal of t e s Tl .age does not provide a right of renewal. Port may apply for a new lease, i to h page to grant. Port must apply for a new lease at least one (1) year prior t i Dat . tate will notify Port within ninety (90) days of its intent to approve or deny n Lea 3.3 End er (a) Upon h expiration or termination of this Lease, Port shall remove Improvements in acco ance with Section 7, Improvements, and surrender the Property to State i s e or better condition as on the Commencement Date, reasonable wear Ian ear excepted. (b) finition of Reasonable Wear and Tear. O Reasonable wear and tear is deterioration resulting from the Permitted Use that has occurred without neglect, negligence, carelessness, accident, or Porto B emerton Page 4 of 33 Aquatic Lands Lease No. 22-BO2235 West Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 929OO42 09/29/2011 10.00.37 AM Page 5 of 33 abuse of the Property by Port or any other person on the premises with the permission of Port. (2) Reasonable wear and tear does riot include unauthorized deposit of material prohibited under Paragraph 2.2 regardless of whether the deposit is incidental to or the byproduct of the Permitted Use. (c) If Property is in worse condition, excepting for reasonable wear and tea n the surrender date than on the Commencement Date, the following pr 'sion a ply: (1) State shall provide Port a reasonable time to take all steps n sa t remedy the condition of the Property. State may req . e o to ente ' o a right -of -entry or other use authorization prior to t ort e e 'ng th Property if the Lease has terminated. (2) If Port fails to remedy the condition of the Pro in manner, State may take steps reasonably necessary to o ure. Upon demand by State, Port shall pay all costs of ate's re y, i ding but not limited to the costs of removin is g offfi.terial deposited improperly on the Property, lost enue resul ' the condition of the Property, and administrativ osts associ t with the State's remedy. 3.4 Holdover. (a) If Port remains in possession of the Prope a t Termination Date, the occupancy will not be an ext n 'on or renewal of the Term. The occupancy will be a month -to -month tenancy, t s identical to the terms of this Lease, which either Party may terminate on thirt days' written notice. (1) The monthly rent d t ho o r will be the same rent that would be due if the Lease w r st' ' e ct and all adjustments in rent were made in accorda*c with i S. (2) Payment of m r an t thly rent will not be construed to create a periodic to n r n month -to -month. If Port pays more than the monthly e d S a ovides notice to vacate the property, State shall rand t e amoun o excess payment remaining after the Port ceases unati the r r)ertv. (b) If St ten s oft to yadate the Property and Port fails to do so within the time se i the ti ,Port wi11 be a trespasser and shall owe the State all amounts d 7 300 or other applicable law. SECTION 4 RENT 4.1 Annuil, Rent. �usted as set forth below, Port shall pay to State an annual rent of Thirteen Thousand Three Hundred Twenty-one and 04/100 Dollars ($13,321.04) related to th nonwater-dependent use. The annual rent, as it currently exists or as adjusted or modified (the "Annual Rent"), is due and payable in full on or before the Commencement Date and on or Page 5 of 33 Aquatic Lands Lease No. 22-BO2235 -hard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 6 of 33 before the same date of each year thereafter. Any payment not paid by State's close of business on the date due is past due. 4.2 Payment Place. Port shall make payment to Financial Management Division, 1 I I 1 Washington St SE, MS 47041, Olympia, WA 98504-7041. \ 4.3 Adjustment Based on Use. Annual Rent is based on Port's Permitted U e Ate,\tl Property, as described in Section 2 above. If Port's Permitted Use changes, th t shall be adjusted as appropriate for the changed use. 4.4 Rent Adjustment Procedures. (a) Notice of Rent Adjustment. State shall provide notice of a ' s s o the Annual Rent allowed under Paragraph 4.5(b) to Po 1 g ter than ninety (90) days after the anniversary date of the e se. (b) Procedures on Failure to make Timely Ad' en the St t fails to provide the notice required in Paragraph 4.4(a) e all n c the adjustment amount for the year in which State fai e to provid tice. Upon providing notice of adjustment, State may adjus d prospecti ly bill Annual Rent as if missed or waived adjustments had bee J lement d t the proper interval. This includes the implementation of any infla ' n ent. 4.5 Rent Adjustments for Nonwater-D a ent Uses. (a) Inflation Adjustment. Except in s ears in which State revalues the rent under Paragraph 4.5(b) below, St e s I a 'u nonwater-dependent rent annually on the Commencement Date dj s t is ased on the percentage rate of change in the previous c Idar a on er Price Index published by the Bureau of Labor Statistics of t it a Department of Commerce, for the Seattle- Tacoma-Bremerto 0 0 'da etropolitan Statistical Area, All Urban Consumers, all ' 98 — 100. If publication of the Consumer Price Index is disco timed tat e sh 1 use a reliable governmental or other nonpartisan publipt' n_eva 'ng th ' formation used in determining the Consumer Price (b) a 4`5n o t. 1 en the first four-year period of the Term, and at the end of each subs u t four-year period, State shall revalue the nonwater-dependent ual ent to reflect the then -current fair market rent. 2 1 t e and Port cannot reach agreement on the fair market rental value, e Parties shall submit the valuation to a review board of appraisers. The oard must consist of three members, one selected by and at the cost of ort; a second member selected by and at the cost of State; and a third member selected by the other two members with the cost shared equally by State and Port. The decision of the majority of the board binds the Parties. Until the Parties agree to, or the review board establishes, the new \rent, Port shall pay rent in the same amount established for the preceding \ year. If the board determines additional rent is required, Port shall pay the Port o remerton Page 6 of 33 Aquatic Lands Lease No. 22-BO2235 WesfEAd Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 7 of 33 additional rent within ten (10) days of the board's decision. If the board determines a refund is required, State shall pay the refund within ten (10) days of the board's decision. SECTION 5 OTHER EXPENSES 5.1 Utilities. Port shall pay all fees charged for utilities required or needed Use. 5.2 Taxes and Assessments. Port shall pay all taxes (including leasooW excis axes); assessments, and other governmental charges applicable or attributabl o t , Port's leasehold interest, the improvements, or Port's use and enjoymentf�tlre�r e 5.3 Right to Contest. If in good faith, Port may con y t x r asses ent at its sole cost and expense. At the request of State, Port shall furnis r so able p tec x in the farm of a bond or other security, satisfactory to State, against 149 or Iiabilityr sulting from such contest. 5.4 Proof of Payment. If required by State, Port furnish o tate receipts or other appropriate evidence establishing the payment of amoun t e e requires Port to pay. 5.5 Failure to Pay. If Port fails to pay s due under this Lease, State may pay the amount due, and recover its cost in accordance wi ction 6. SECTION 6 L� [`E P N D OTHER CHARGES 6.1 Failure to Pay Rent. Fail t re . a default by the Port. State may seek remedies under Section 14 as well as lat�es , 1 crest as provided in this Section 6. 6.2 Late Charge to o not eive full rent payment within ten (10) days of the date due, Port shall pay o t e qual to four percent (4%) of the unpaid amount or Fifty Dollars ($50), wi~ veer is t to defray the overhead expenses of State incident to the delay. n 6.3 Interest P`e�nW"or Past Due Rent and Other Sums Owed. (a) P rt all` as interest on the past due rent at the rate of one percent (1%) per Mont u til paid, in addition to paying the late charges determined under Paragr p 6.2. Rent not paid by the close of business on the due date will begin a interest the day after the due date. I ate pays or advances any amounts for or on behalf of Port, Port shall r' nburse State for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date State notifies Port of the payment or advance. This includes, but is not limited to, State's payment -hard Page 7 of 33 Aquatic Lands Lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 8 of 33 of taxes of any kind, assessments, insurance premiums, costs of removal and disposal of materials or Improvements under any provision of this Lease, or other amounts not paid when due. 6.4 Referral to Collection Agency and Collection Agency Fees. If State does t receive full payment within thirty (30) days of the due date, State may refer the unpaid amo t o a collection agency as provided by RCW 19.16.500 or other applicable law. Upo eferr , ort shall pay collection agency fees in addition to the unpaid amount. 6.5 No Accord and Satisfaction. If Port pays, or State otherwise rec i es, ount I S than the full amount then due, State may apply such payment as it elect"to ma ccep payment in any amount without prejudice to State's right to recover the baran rent or pursue any other right or remedy. No endorsement or statement o h k, ayment, or any letter accompanying any check or payment constitutes accor d sati a tion. 6.6 No Counterclaim, Setoff, or Abatement of a cept ex r sly set forth elsewhere in this Lease, Port shall pay rent and all of sums pay e by Port without the requirement that State provide prior notice or deman . ort's paym t is not subject to counterclaim, setoff, deduction, defense or abatemen SECTION 7 ROVEMENTS 7.1 Improvements Defined. (a) "Improvements," consist w 79.105 through 79.145, are additions within, upon, or �ched # e an . his includes, but is not limited to, fill, structures, bulkhead cks, i , and other fixtures. (b) "Personal Propert " n Ite at can be removed from the Property without (1) injury to th rty o rovements or (2) diminishing the value or utility of the P opert o Impro ents. (c) "Stau d ove ts" are Improvements made or owned by State. State- ( e o in s ludes any construction, alteration, or addition to State - to is made by Port. (d) Imp ements" are Improvements authorized by State and (1) made b P or ( a uired by Port from the prior tenant. (e) " a zed provements" are Improvements made on the Property without at ' p r onsent or Improvements made by Port that do not conform to plans sub tt d to and approved by the State. 7.2 is�Irr ovements. On the Commencement Date, the following Improvements are loc ed —n t Property: Boardwalk, Bulkhead, Buildings. The Improvements are Port -Owned. Page 8 of 33 -hard Aquatic Lands Lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 9 of 33 7.3 Construction, Major Repair, Modification, and Demolition. (a) This Paragraph 7.3 governs construction, alteration, replacement, major repair, modification, demolition, and deconstruction of Improvements ("Work'). Section 11 governs routine maintenance and minor repair. (b) All Work must conform to requirements under Paragraph 7.4. Paragr 11.3, which applies to routine maintenance and minor repair, also applies to Work under this Paragraph 7.3. (c) Except in an emergency, Port shall not conduct Work, without ' written consent, as follows: (1) State may deny consent if State determines that de is i best interests of the State or if proposed Work does n co ply w t Para aph 7.4 and 11.3. State may impose additional condition e y intended to protect and preserve the Property. If Wor ' r o f Improvements at End of Term, State may ve rem l o e or all Improvements. (2) Except in an emergency, Port s a u it to a sand specifications describing the proposed Work a least sixty )days before submitting permit applications to regulat authorities less Port and State otherwise agree to coordinate p .t applic ins. At a minimum, or if no permits are necessary, Port shall and specifications at least ninety (90) days bef ammencein n of Work. (3) State waives the requi t for consent if State does not notify Port of its grant or denial of consent t ' sixty (60) days of submittal. (d) Port shall notify State of e er e within five (5) business days of the start of such Work. Upo at- e es , Port shall provide State with plans and specifications or ss uilt o rg Work. (e) Port shall not Comm or a • o - Work until Port has: (1) Obtained a r C payment bond in an amount equal to zero percent of t e imated cost of construction. Port shall maintain t e per ance payment bond until Port pays in full the costs of the r , i ding 1 laborers and material persons. (2) O n a e ' ed permits. (f) B co ple ' Work, Port shall remove all debris and restore the Property, to r sa ndition. If Work is intended for removal of Improvements at E o Term, shall restore the Property in accordance with Paragraph 3.3, En o (g) /UP"o ing work, Port shall promptly provide State with as -built plans and (h) States I not charge rent for authorized Improvements installed by Port during t of this Lease, but State may charge rent for such Improvements when an i Port or successor obtains a subsequent use authorization for the Property a State has waived the requirement for Improvements to be removed as provided in Paragraph 7.5. Porto B ernerton Page 9 of 33 Aquatic Lands Lease No. 22-BO2235 Wes d Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 10 of 33 7.4 Standards for Work. Port shall comply with State's Standards for Improvements current at the time Port submits plans and specifications for State's approval in accordance with Paragraph 7.3(b). 7.5 Port -Owned Improvements at End of Lease. (a) Disposition. (1) Port shall remove Port -Owned Improvements in accordance wit Paragraph 7.3 upon the expiration, termination, or cane 10 Lease unless State waives the requirement for remov (2) Port -Owned Improvements remaining on the Prope on e xpirati , termination or cancellation date shall become St e- wned rove nts without payment by State, unless State elects othe s St may refuse or waive ownership. If RCW 79.125.300 0 4 y at the time this Lease expires, Port could be entitled t aymen b th a tenant for Port -Owned Improvements. (3) If Port -Owned Improvements r the o after the expiration, termination, or cancellation d without S 's consent, State may remove all Improvements and P rt shall pa S ate's costs. (b) Conditions Under Which State May t e Remov f Port -Owned Improvements. (1) State may waive re al of some or a ort-Owned Improvements whenever State dete that it is in the best interests of the State and regardless of whether Po e- ases the Property. (2) If Port re -leases th ro t may waive requirement to remove Port -Owned Imprk em to also may consent to Port's continued ownershi�f Po - d ovements. (3) If Port does e-le s t roperty, State may waive requirement to remove Po -O vements upon consideration of a timely request from Po 0110 (�} rt mus n ti y State at least one (1) year before the Termination e of i s equest to leave Port -Owned Improvements. (i' t w in ninety (90) days of receiving Port's notification, will fy Port whether State consents to some or all Port -Owned ovements remaining. State has no obligation to grant consent. (iii) tate's failure to respond to Port's request to leave Improvements ithin ninety (90) days is a denial of the request. (c) O ions if State Waives Removal. (1) ort shall not remove Improvements if State waives the requirement for r moval of some or all Port -Owned improvements. h d 'th th1[' t' 1 ort shall mamtam suc Im provements zn accor ance wi r s ease un the expiration, termination, or cancellation date. Port is liable to State for cost of repair if Port causes or allows damage to Improvements State has designated to remain. Port remerton Page 10 of 33 Aquatic Lands Lease No. 22-502235 We d Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 11 of 33 7.6 Disposition of Unauthorized Improvements. (a) Unauthorized Improvements belong to State, unless State elects otherwise. (b) State may either: (1) Consent to Port ownership of the Improvements, or (2) Charge rent for use of the Improvements from the time of inst tion or construction and (i) Require Port to remove the Improvements in acco nce 1 Paragraph 7.3, in which case Port shall pay rent o Improvements until removal, (ii) Consent to Improvements remaining and Po shal rent fo e use of the Improvements, or 7.7 8.1 (iii) Remove Improvements and Port shall wwjfior loaf f removal and disposal, in which case Port sha n o�sf the Improvements until removal and di p sal. Disposition of Personal Property. (a) Port retains ownership of Personal Pr,rty unless 1o6* and State agree otherwise in writing. (b) Port shall remove Personal Property fr Port is liable for damage to the Property removal of Personal Prot)ertv:� (c) State may sell or dispose of Termination Date. Defin (a) " z ous ance" means any substance that now or in the future becomes re a de ed under any federal, state, or local statute, ordinance, rule, ther law relating to human health, environmental protection, je.I.I.Pp ation, pollution, or cleanup. (b)or threatened release of Hazardous Substance" means a release or d release as defined under any law described in Paragraph 8.1(a). care" means such a degree of care as would be exercised by a very c ful, prudent, and competent person under the same or similar circumstances; the standard of care applicable under the Washington State Model Toxics Control \ Act ("MTCA"), Chapter 70.105 RCW, as amended. by the Termination Date. Lents resulting from Property left on the Property after the (1) If State conducts a o ers a Property, State shall apply proceeds first to the State's i a e costs in conducting the sale, second to payment olio t h e y be due from the Port to the State. State shall pay the r ind r, 'f , to the Port. (2) If State dispose er Property, Port shall pay for the cost of removal snos 0 AL LIABILITYIRISK ALLOCATION Port 0 emerton Page 11 of 33 Aquatic Lands Lease No. 22-BO2235 West Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 12 of 33 (d) "Port and affiliates" when used in this Section 8 means Port or Port's subtenants, contractors, agents, employees, guests, invitees, licensees, affiliates, or any person on the Property with the Port's permission. (e) "Liabilities" as used in this Section 8 means any claims, demands, proceedings, lawsuits, damages, costs, expenses, fees (including attorneys' fees anc� disbursements), penalties, or judgments. \\ 8.2 General Conditions. v (a) Port's obligations under this Section 8 extend to the area in, er, or e (1) The Property and (2) Adjacent State-owned aquatic lands if affected b a lease o azar s Substances that, occurs as a result of the Permitted (b) Standard of Care. (1) Port shall exercise the utmost care with res 6b' do bstances. (2) Port shall exercise utmost care for re r omissions of third parties with respect to H ou Substthe foreseeable consequences of those acts or issions, t extent required to establish a viable, third -party defense u r the law. 8.3 Current Conditions and Duty to Investigate. (a) State makes no representati bout:above e condi ion of the Property. Hazardous Substances may exist in, on, u the Property. (b) This Lease does not impose a dut o tate to conduct investigations or supply information to Port about a us tances. (c) Port is responsible for co ct' a propriate inquiry and gathering sufficient information abou i�e ex i t , sc , and location of Hazardous Substances on or near the Property e ssa o rt to meet Port's obligations under this Lease and utilize the Pro o itted Use. 8.4 Use of Hazard us Su tances. (a) Port f Iia s all use, store, generate, process, transport, handle, release, or d s osp� ou ubstances, except in accordance with all applicable (b) uncke, or allow others to undertake by Port's permission, ac ui cent , o ailure to act, activities that result in a release or threatened re as o aza dous Substances. Po P We d Port Orchard (c) us ofdous Substances related to Port's use or occupancy of the Property resu i violation of law: (1) ort shall submit to State any plans for remedying the violations, and ort shall implement any remedial measures to restore the Property or natural resources that State may require in addition to remedial measures required by regulatory authorities. Port shall comply with the provisions of Chapter 90.56 RCW Oil and Hazardous Substance Spill Prevention and Response Act. Port shall develop, update as necessary and operate in accordance with a plan of operations consistent with the o remerton Page 12 of 33 Aquatic Lands Lease No. 22-B02235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 929OO42 09/29/2011 10.00.37 AM Page 13 of 33 requirements of Chapter 90.56 RCW. Failure to comply with the requirements of Chapter 90.56 is a default under Section 14. (e) At a minimum, Port and affiliates shall observe the following Hazardous Substances operational standards. If the Washington Department of Ecology, U.S. Environmental Protection Agency or other regulatory agency establis different standards applicable to Port's activities under the Permitted Use, Port I meet the standard that provides greater protection to the environment. (1) Port shall not allow work on overwater structures or vess t protective measures to prevent discharge of toxins to ter, in g: (i) Port shall not cause or allow underwater hul , crapi d oth r underwater removal of paints. (ii) Port shall not cause or allow underwater refin' k from boats or temporary floats unless pe n ' trial National Pollution Discharge Elimi ion Sy e S) permit. (iii) Port shall not cause or a o a ve th a r ' e boat repairs or refinishing in -water ex e t if limite decks and superstructures and less than 25 perce t f a boat is r p ired or refinished in -water per year. (iv) Port shall use and require e u tarps and other dust, drip and spill cont ent measures w en repairing or refinishing boats in water. (2) Port shall not store or allo o ers to store fuel tanks, petroleum products, hydraulic fluid, mac ine co , lubricants and chemicals not in use in locations above th at u ce. (3) Port shall "pect 1 e 'p a using petroleum products, hydraulic fluids, machi coo is emicals, or other toxic or deleterious materials on a ly s and immediately make all repairs necessary to stop le g Po s 11 submit to State an annual report documenting insnecti and r n�ir. (4) ha intai supply of oil spill containment materials adequate to co s 1 o the largest vessel in use on the Property. (5 o S. t use or allow use of a pressure washer at any location above ter s ce to clean any item that uses petroleum products. ( Port a .ncorporate best management practices to prevent the release of c mica ontaminants, wastewater, garbage and other pollutants, as sp 1 d in Resource Manual for Pollution Prevention in Marinas blished by the Washington Department of Ecology, publication number 9 -11, available at http://www.ecy.wa. _og v/biblio/981 l .html. If the epartment of Ecology or other regulatory agency establishes different standards, Port shall meet the most protective standard. Port ofMernerton Page 13 of 33 Aquatic Lands Lease No. 22-BO2235 West tnd Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 14 of 33 8.5 Management of Contamination, if any. (a) Port and affiliates shall not undertake activities that: (1) Damage or interfere with the operation of remedial or restoration activities, if any; (2) Result in human or environmental exposure to contaminated s iments, if any; (3) Result in the mechanical or chemical disturbance of on-si habi mitigation, if any. (b) If requested, Port shall allow reasonable access to: (1) Employees and authorized agents of the Environm al Pr e tion Agency, the Washington State Department of Ec o , healt ep ent, or other similar environmental agencies; and (2) Potentially liable or responsible parties who an order or consent decree that requires access to the perty. o in gotiate an access agreement with such partie Po ay not a easonably withhold such agreement. 8.6 Notification and Reporting. (a) Port shall immediately notify State if becomes are of any of the following: (1) A release or threatened release o Substances; (2) Any new discovery new informa ion about a problem or liability related to, or derived , the presence of Hazardous Substances; (3) Any lien or action arising o Hazardous Substances; (4) Any actual or alIe i do o y federal, state, or local statute, ordinance, rule, r g lat' of er law pertaining to Hazardous Substanc s; (5) Any notifica 'o fro t e Environmental Protection Agency (EPA) or the Washin n t ent of Ecology (DOE) that remediation or removal and s ubstances is or may be required at the Property. (b) Port's ty to ort un r aragraph 8.6(a) extends to lands described in Para 2( d to other property used by Port in conjunction with the Pro e y r e o ardous Substances on the other property could affect Port o We d Port Orchard (c) videSjt�te with copies of all documents Port submits to any federal, st a loca orities concerning environmental impacts or proposals relative to e r erty. ocuments subject to this requirement include, but are not x t , a lications, reports, studies, or audits for National Pollution Disc a and Elimination System Permits; Army Corps of Engineers permits; State draulic Project Approvals (HPA); State Water Quality certification; tial Development permit; and any reporting necessary for the existence, loca ion, and storage of Hazardous Substances on the Property. rernerton Page 14 of 33 Aquatic Lands Lease No. 22-B02235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 929OO42 09/29/2011 10.00.37 AM Page 15 of 33 8.7 Indemnification. (a) To the extent allowed by law, Port shall fully indemnify, defend, and hold State harmless from and against Liabilities that arise out of, or relate to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Port and affiliates oc ng whenever Port occupies or has occupied the Property; (2) The release or threatened release of any Hazardous Subst ce re u ing from any act or omission of Port and affiliates occurring ne rt occupies or has occupied the Property. (b) To the extent allowed by law, Port shall fully indemnify, d f nd, old St t harmless for Liabilities that arise out of or relate to Port' r ach of b igati s under Paragraph 8.5. (c) Port has no duty to indemnify State for acts or omi 1 1 ies unless and only if an administrative or legal proceeding ' ing fro re s or threatened release of Hazardous Substanc ds r olds Port failed to exercise care as described in Paragrap (2). In uc c e, Pork shall fully indemnify, defend, and hold State h ess froze a gainst Liabilities arising from the acts or omissions of third p i s in relatio t the release or threatened release of Hazardous Substances. Thi i ludes Li ities arising before the finding or holding in the proceeding. 8.8 Reservation of Rights. (a) For Liabilities not covered by the ' nification provisions of Paragraph 8.7, the Parties expressly reserve o of i any rights, claims, immunities, causes of action, or defenses rel ' g t dous Substances that either Party may have against the other 1i ler la (b) The Parties expressl ery a ts, claims, immunities, and defenses either Party may have a s 1 p s. Nothing in this Section 8 benefits or creates rights for third (c) The all ation f risks, 1 b1 ities, and responsibilities set forth in this Section 8 do no e e e't Part rom or affect the liability of either Party for Hazardous Sub t nc ac ' ns by regulatory agencies. 8.9 Cleanu . (a) I o 's act, sion, or breach of obligation under Paragraph 8.4 results in a re a o aza ous Substances that exceeds the threshold limits of any \ap b latory standard, Port shall, at Port's sole expense, promptly take all ctio s ecessary or advisable to clean up the Hazardous Substances in accord ce with applicable law. y undertake a cleanup of the Property pursuant to the Washington State epartment of Ecology's Voluntary Cleanup Program, provided that Port c operates with the Department of Natural Resources in development of cleanup plans. Port shall not proceed with Voluntary Cleanup without the Department of \Natural Resources approval of final plans. Nothing in the operation of this \ provision is an agreement by the Department of Natural Resources that the Port o remerton Page 15 of 33 Aquatic Lands Lease No. 22-Bo2235 We d Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 16 of 33 Voluntary Cleanup complies with any laws or with the provisions of this Lease. Port's completion of a Voluntary Cleanup is not a release from or waiver of any obligation for Hazardous Substances under this Lease. 8.10 Sampling by State, Reimbursement, and Split Samples. (a) State may enter the Property and conduct sampling, tests, audits, sury or investigations ("Tests") of the Property at any time to determine a exi a cc, scope, or effects of Hazardous Substances. (b) If such Tests, along with any other information, demonstrate ch o obligations regarding Hazardous Substances under this Les , Po 11 pro tl; reimburse State for all costs associated with the Tests, p vi ed Stat ave thirty (30) calendar days advance notice in nonemergencies o ably practical notice in emergencies. (c) In nonemergencies, Port is entitled to obtain split ples o est s les, provided Port gives State written notice re in s it sam 1 s at least ten (t0) calendar days before State conducts T t . on de rt shall promptly reimburse State for additional cost, if y, of split Ales. (d) If either Party conducts Tests on the r erty, the c n ucting Party shall provide the other with validated final data and u ity assur a/quality control/chain of custody information about the Tests with' s' 6 calendar days of a written request by the other party, u s Tests are p of a submittal under Paragraph 8.6(c) in which case Port shal u it data and information to State without written request by State. Neither is obligated to provide any analytical summaries or the work bro d4c ex 8.11 Closeout Assessment. V (a) State may require co d c loseout Environmental Assessment ("Closeout Assess n ' o ermination of the Lease. (b) The purpose of oseo sessment is to determine the existence, scope, or effects �Haz ous Su ces on the Property and associated natural resources. he t A s sme ay include sediment sampling. (c) No at r e eighty (180) calendar days prior to the Termination r ithi ty (90) days of valid notice to early termination, State shall r v' it tten notice that State requires a Closeout Assessment. (d) th' sixt days of State's notice that Closeout Assessment is required and be or en ing assessment activities, Port shall submit a proposed plan for c n cti e Closeout Assessment in writing for State's approval. (e) If St a ails to approve or disapprove of the plan in writing within sixty (60) days of its r eipt, State waives requirement for approval. 11 be responsible for all costs required to complete planning, sampling, ana yzing, and reporting associated with the Closeout Assessment. (g) the initial results of the Closeout Assessment disclose that Hazardous Substances may have migrated to other property, State may require additional Closeout Assessment work to determine the existence, scope, and effect of Port o, 0remerton Page 16 of 33 Aquatic Lands Lease No. 22-BO2235 Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 17 of 33 Hazardous Substances on adjacent property, any other property subject to use by Port in conjunction with its use of the Property, or on associated natural resources. (h) Port shall submit Closeout Assessment to State upon completion. (i) As required by law, Port shall report to the appropriate regulatory authorities if the Closeout Assessment discloses a release or threatened release of ff4zardous Substances. SECTION 9 ASSIGNMENT AND S 9.1 State Consent Required. Port shall not convey, transfer, or en ==Yrt of Pdrt's interest in this Lease or the Property without State's prior written consent, e shall not unreasonably condition or withhold. (a) In determining whether to consent, State may con i er, am oth i ins, the proposed transferee's financial condiCtate es r utatio d experience, the nature of the proposed transferee's buthe cu value of the Property, and such other factors as mbl ar upon the suitability of the transferee as a tenant of the Property.y re s its consent to any conveyance, transfer, or encumbrances t n a subdivision of the leasehold. Port shall submit informaty proposed transferee to State at least thirty (30) days (b) State reserves the right to co: (1) Changes in the terms limited to, the Ann (2) The agreement of Port or the Each permitted tre the payment of�le) State'. 9.2 Rent following an transfer. ; to the date o e proposed transfer. a its consent upon: Qnd tions of this Lease, including, but not Port. ee to conduct Tests for Hazardous other property owned or occupied by ie all obligations under this Lease, including sublet, or transfer shall release, discharge, or 9.1 does not constitute a waiver of any violation of any term of this Lease. g%Assignment. The acceptance by State of the payment of rent transfer does not constitute consent to any assignment or 9.3 Ter of S ases. (a) Port s a I submit the terms of all subleases to State for approval. 11 incorporate the following requirements in all subleases: The sublease must be consistent with and subject to all the terms and conditions of this Lease; The sublease must provide that this Lease controls if the terms of the sublease conflict with the terms of this Lease; Port f Prernerton Page 17 of 33 Wesf EM Port Orchard Aquatic Lands Lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 18 of 33 (3) The term of the sublease (including any period of time covered by a renewal option) must end before the Termination Date of the initial Term or any renewal term; (4) The sublease must terminate if this Lease terminates for any reason; (5) The subtenant must receive and acknowledge receipt of a cop"f this Lease; (6) The sublease must prohibit the prepayment to Port by the ubten of more than the annual rent; (7) The sublease must identify the rental amount subten pay o ; (8) The sublease must provide that there is no privity o ontr t etwee t E subtenant and State; (9) The sublease must require removal of the subtenant ents and Personal Property upon termination of the s e; (10) The subtenant's permitted use must be wit i the sc of ermitted Use; and (11) The sublease must require the rin, ttoint ligations of Port under Section 10, Indemni lea Financi4" ecurity, and Insurance. 9.4 Short -Term Subleases of Moorage Slips. Shp -term su a sing of moorage slips for a term of less than one (1) year does not require State's to s t or approval pursuant to Paragraphs 9.1 or 9.3. Port shall conform rage sublease agreements to the sublease requirements in Paragraph 9.3. SECTION 10 INDEMNIT AE SECURITY, INSURANCE 10.1 Indemnity. Each Party sha U o� own officers, employees, and e s 10.2 Insurance Ter s. (a) Insur Requ' i for the actions and inactions of itself and its within the scope of their authority. (1) A n�er , Port shall procure and maintain during the Term of Lee, he insurance coverages and limits described in this Paragraph d i agraph 10.3, Insurance Types and Limits. State may term' a this Lease if Port fails to maintain required insurance. (2yless State agrees to an exception, Port shall provide insurance issued by n ance company or companies admitted to do business in the State f ashington and have a rating of A- or better by the most recently p �lished edition of Best's Reports. Port may submit a request to the risk nager for the Department of Natural Resources to approve an exception to this requirement. If an insurer is not admitted, the insurance policies and procedures for issuing the insurance policies shall comply with Chapter 48.15 RCW and 284-15 WAC. (3) All general liability, excess, umbrella, property, builder's risk, and pollution legal liability insurance policies must name the State of Port o remerton Page 18 of 33 Aquatic Lands Lease No. 22-BO2235 Wes d Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 929OO42 09/29/2011 10.00.37 AM Page 19 of 33 Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees as an additional insured. (4) All insurance provided in compliance with this Lease must be primary as to any other insurance or sell -insurance programs afforded to or maintained by State. n (b) Waiver. (1) Port waives all rights against State for recovery of dama to insurance maintained pursuant to this Lease covers these (2) Except as prohibited by law, Port waives all rights ofsWxogal State for recovery of damages to the extent that the re c e insurance maintained pursuant to this Lease. (c) Proof of Insurance. (1) Port shall provide State with a certificate(s) p duly authorized representative of each ins e , show insurance requirements specified i Le s and, i policies to State. (2) The certificate(s) of insurance st referen edditic Lease number. 1 by dbya .ice with copies of insureds and the (3) Receipt of such certificates or policies by S t does not constitute approval by State of the terms o c c' S. (d) State must receive written n e before cane ation or non -renewal of any insurance required by this Lea , follows: (1) Insurers subject to RC W (admitted and regulated by the Insurance Commissioner): If anc ati t due to non-payment of premium, provide State ten d v ce notice of cancellation; otherwise, provide S" fort - tv 45 sadvance notice of cancellation or non - renewal. (2) Insurers sub'ec C .15 (surplus lines): If cancellation is due to non -pa f pr t , provide State ten (10) days' advance notice of ancell i n; oth ise, provide State thirty (30) days' advance notice of icella 'o or no enewal. t Z (e) Adjt se to I anc Coverage. M �t to Pose changes in the limits of liability for all types of urapee tate deems necessary. Port a secure new or modified insurance coverage within thirty (30) s aft State requires changes in the limits of liability. fa' procure and maintain the insurance described above within fifteen after Port receives a notice to comply from State, State may either: eem the failure an Event of Default under Section 14, or Procure and maintain comparable substitute insurance and pay the premiums. Upon demand, Port shall pay to State the full amount paid by State, together with interest at the rate provided in Paragraph 6.2 from the date of State's notice of the expenditure until Port's repayment. Porto B emerton Page 19 of 33 Aquatic Lands Lease No. 22-BO2235 Westtnd Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 20 of 33 (g) General Terms. (1) State does not represent that coverage and limits required under this Lease are adequate to protect Port. (2) Coverage and limits do not limit Port's liability for indemnification and reimbursements granted to State under this Lease. (3) The Parties shall use any insurance proceeds payable by reaso o damage or destruction to property first to restore the real property overe this Lease, then to pay the cost of the reconstruction, then to t any sums in arrears, and then to Port. 10.3 Insurance Types and Limits. (a) General Liability Insurance. (1) Port shall maintain commercial general liab' u n GL) or marine general liability (MGL) covering el i s for ily i 'u , personal injury, or property damage arising e P o erty an r arising out of Port's use, occupation, or contQ.GL rfnecessary, commercial umbrella insurancnot less than One Million Dollars ($1,000.000) per each Ph CGL or MGL insurance contains aggregate limits, the limit must be at least twice the "each occurrence" liGL insurance must have products -completed ationst of at least two times the "each occurrence" lim (2) CGL insurance must be w ' on insurance Services Office (ISO) Occurrence Form C 0 1 ( a bstitute form providing equivalent coverage). All in c u co er liability arising out of premises, operation ' ep a on tors,.products completed operations, personal inj d a v i g injury, and liability assumed under an insured contrac n u ' he tort liability of another party assumed in a business�ct) ntain separation of insured (cross -liability) Z rto B emerton est Port Orchard have no exclusions for non -owned watercraft. f Waa*ngton Workers' Compensation. rt shall comply with all State of Washington workers' compensation statutes and regulations. Port shall provide workers' compensation coverage for all employees of Port. Coverage must include bodily injury (including death) by accident or disease, which arises out of or in connection with Port's use, occupation, and control of the Property. If Port fails to comply with all State of Washington workers' compensation statutes and regulations and State incurs fines or is required by law to provide benefits to or obtain coverage for such employees, Port shall indemnify State. Indemnity shall include all fines; payment of benefits to Port, employees, or their heirs or Page 20 of 33 Aquatic Lands Lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 21 of 33 10.4 legal representatives; and the cost of effecting coverage on behalf of such employees. (2) Longshore and Harbor Workers' and Jones Acts. Longshore and Harbor Workers' Act (33 U.S.C. Section 901 et seq.) and/or the Jones Act (46 U.S.C. Section 688) may require Port to provide insurance co a age in some circumstances. Port shall ascertain if such insurance is r q ired and, if required, shall maintain insurance in compliance law. ort is responsible for all civil and criminal liability arising from e maintain such coverage. (c) Employers' Liability Insurance. Port shall procure emplo ' lia i insur e, and, if necessary, commercial umbrella liability insuranc wi limit of less than One Million Dollars ($1,000,000) each accident for bodiLy i cident or One Million Dollars ($1,000,000) each employee f u disease. (d) Property Insurance. (1) Port shall buy and maintain prop e ur c cove all real property and fixtures, equipment, Port p vements et rtrtents {regardless of whether owned by Port or Stat) Such ins a ce must be written on an all risks basis and, at minimum, c r the perils i ured under ISO Special Causes of Loss Form. CP 10 30, cover t e 11 replacement cost of the property insured. Such insurance a ommercially reasonable deductibles. Any co' ance requirement in the policy must be waived. The policy must inclu a as an insured and a loss payee. (2) In the event of any loss, d a or casualty which is covered by one or more of the types o i r ce e ribed above, the Parties to this Lease shall proceed coo a ati e t et le the loss and collect the proceeds of such insur r#i e, w i h ate fl hold in trust, including interest earned by State on such eed , e according to the terms of this Lease. The Parties shal e . s a roceeds in accordance with Paragrap (g) (3) en s f icient n s are available, using insurance proceeds described v 't ies all continue with reasonable diligence to prepare I s tions for, and thereafter carry out, all work necessary Reps and restore damaged building(s) and/or Improvements to t ir former condition, or place and restore damaged building(s) and/or Improvements with a new building(s) and/or Improvements on the Property of a quality and usefulness at least equivalent to or more suitable than, damaged building(s) and/or Improvements. (a) %its own expense, Port shall procure and maintain during the Term of this Lease a corporate security bond or provide other financial security that State, at its option, may approve ("Security"). Port shall provide Security in an amount equal to Zero Dollars ($0.00), which is consistent with RCW 79.105.330, and secures Port of�B}emerton Page 21 of 33 Aquatic Lands Lease No. 22-BO2235 West Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 22 of 33 Port's performance of its obligations under this Lease, with the exception of the obligations under Section 8, Environmental Liability/Risk Allocation. Port's failure to maintain the Security in the required amount during the Term constitutes a breach of this Lease. (b) All Security must be in a form acceptable to the State. (1) Bonds must be issued by companies admitted to do business t n the State of Washington and have a rating of A-, Class VII or better, ' the most recently published edition of Best's Reports, unles to ves an exception. Port may submit a request to the risk r for Department of Natural Resources for an exception o is q 'remen . (2) Letters of credit, if approved by State, must be i o able, a 1 w St a to draw funds at will, provide for automatic renewal, with RCW 62A.5-101, et. seq. (3) Savings account assignments, if approved State, t a State to draw funds at will. (c) Adjustment in Amount of Security. (1) State may require an adjustme t in the Sec amount: (i) At the same time as re a uation of thrinual Rent, (ii) As a condition of appro a of assi nt or sublease of this Lease, (iii) Upon a material change i hzondi on or disposition of any Improvemen , r (iv) Upon a change' e Permitted Use. (2) Port shall deliver a new o ified form of Security to State within thirty (30) days after Stat as qu djustment of the amount of the Security. n (d) Upon any default Port it i bli ions under this Lease, State may collect on the Security to offse hab li ort to State. Collection on the Security does not: (1) Relieve f lia ' i (2) tmrt of Sta of er remedies, (3) i �sta cure 1 default, or (4) ( Pre�te in t' n of the Lease because of the default. ROUTINE MAINTENANCE AND REPAIR 11.1 State' e 'rs" s Lease does not obligate State to make any alterations, maintenanc , epiac nts, or repairs in, on, or about the Property, or any part thereof, during the Term. 11.2 R irs and Maintenance (a) utine maintenance and repair are acts intended to prevent a decline, lapse or, cessation of the Permitted Use and associated Improvements. Routine maintenance or repair is the type of work that does not require regulatory permits. Port o�'�remerton Page 22 of 33 Aquatic Lands Lease No. 22-BO2235 Wes d Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 23 of 33 (b) At Port's own expense, Port shall keep and maintain the Property and all Improvements in good order and repair and in a safe condition. State's consent is not required for routine maintenance or repair. (c) At Port's own expense, Port shall make any additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any Impr ements on the Property that any public authority may require. If a public authoriquires work beyond the scope of routine maintenance and repair, Ports 11 co with Section 7 of this Lease. 11.3 Limitations. The following limitations apply whenever Port repair or replacement. The following limitations also apply w maintenance, repair, or replacement on the exterior surfaces, floating house. (a) Port shall not use or install treated wood at any loc t c except that Port may use treated wood for w t (b) Port shall not use or install tires (for location above or below water. SECTION 12 DAMAGE OR DESTRUCTION 12.1 Notice and Repair. (a) In the event of damage to or shall promptly give written of the damage or destruct'o (b) Unless otherwise #01eed 1 replace the Property I immediately prior to th Construction, M 3 epai , obligatiops in ibit B, 12.2 State's W the Property unle� Port of a b water, framing. rs) at any #on,of the Property or Improvements, Port *ie, State does not have actual knowledge &-P.orvs written notice. Tjoft shall promptly reconstruct, repair, or is as nearly as possible to its condition destruction in accordance with Paragraph 7.3, cation, and Demolition and Port's additional -does not waive any claims for damage or destruction of tten notice to Port of each specific claim waived. 12.3 Insuran c P ceed3, Po is duty to reconstruct, repair, or replace any damage or destruction of thePr*eM or ady Improvements on the Property is not conditioned upon the availability o i ura roceeds to Port from which the cost of repairs may be paid. The Parties steal a ins ce proceeds in accordance with Paragraph 10.2(g)(3). 12.4 =t=Ate-Evnt of Damage or Destruction. Unless the Parties agree to terminate this Leas ,�erment or reduction in rent during such reconstruction, repair, and Alt at the Time of Damage or Destruction. If Port is in default under the terms of the time damage or destruction occurs, State may elect to terminate the Lease and Porto B emerton Page 23 of 33 Aquatic Lands Lease No. 22-BO2235 West End Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 24 of 33 State then shall have the right to retain any insurance proceeds payable as a result of the damage or destruction. SECTION 13 CONDEMNATION 13.1 Definitions. (a) "Taking" means that an entity authorized by law exercises the e ent domain, either by judgment, settlement in lieu of judgment, ntar conveyance in lieu of formal court proceedings, over all or y p i n of th Property and Improvements. This includes any exercise inent rnai any portion of the Property and Improvements that, in the J en o the State, prevents or renders impractical the Permitted Use. (b) "Date of Taking" means the date upon which title the Pr rty a ortion of the Property passes to and vests in the con Winer he effe ve date of any order for possession if issued prior to tyiate-iitle v t condemner. 13.2 Effect of Taking. If there is a taking, the Le terminates p oportionate to the extent of the taking. If this Lease terminates in whole or in pa ort shall e all payments due and attributable to the taken Property up to the date of takin s pre -paid rent and Port is not in default of the Lease, State shall refu ort the pro ra are of the pre -paid rent attributable to the period after the date of t 13.3 Allocation of Award. (a) The Parties shall allocate e c e a 'on award based upon the ratio of the fair market value of (Port' a of ate and Port -Owned Improvements and (2) State's interest t ro t e reversionary interest in Port -Owned Improvements, if an ; t - ned Improvements, if any. (b) If Port and Stat nab to gree on the allocation, the Parties shall submit the dispute to bind n arbitr t1 n n accordance with the rules of the American 14 DEFAULT AND REMEDIES 14.1 Default 1114e Ports in default of this Lease on the occurrence of any of the following: (a) FOure pay rent or other expenses when due; (b) Fcomply with any law, regulation, policy, or order of any lawful ntal authority; comply with any other provision of this Lease; (d) mmencement of bankruptcy proceedings by or against Port or the appointment of a trustee or receiver of Port's property. Portremerton We d Port Orchard Page 24 of 33 Aquatic Lands Lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 929OO42 09/29/2011 10.00.37 AM Page 25 of 33 14.2 Port's Right to Cure. (a) A default becomes an "Event of Default" if Port fails to cure the default within the applicable cure following State's written notice of default. Upon an Event of Default, State may seek remedies under Paragraph 14.3. (b) Unless expressly provided elsewhere in this Lease, the cure period is ty (60) days. (c) For nonmonetary defaults not capable of cure within sixty (60) d s, St e will not unreasonably withhold approval of a reasonable alternative c c Port must submit a cure schedule within thirty (30) days of o of de t. The default is not an Event of Default if State approves the s ed d Po works diligently and in good faith to execute the cure. T d ault is a Even of Default if Port fails to timely submit a schedule or fails to c rdance with an approved schedule. (d) State may elect to deem a default by Port as an Ev n of De u t if t efault occurs within six (6) months after a defau o f whic tate has provided notice and opportunity to cure and regZia he r e first and subsequent defaults are of the same nature. 14.3 Remedies. (a) Upon an Event of Default, State may ts ease and remove Port by summary proceedings or of ise. (b) If the Event of Default (1) , s m Port's failure to comply with restrictions on Permitted Use and operations un agraph 2.2 or (2) results in damage to natural resources or the Pr e to y enter the Property without terminating this Lease to 1 re e e natural resources or Property and charge Port restoration cis% an o ( cha Port for damages. On demand by State, Port shall pay all cos d/o d es. (c) Without terminatin hz se, to may relet the Property on any terms and conditions as St y de ' e appropriate. (1) tate sh 1 apply t received by reletting: (1) to the payment of any e to a othe an rent due from Port to State; (2) to the payment of 0 o c etting; (3) to the payment of the cost of any alterations an rep 'r o the Property; and (4) to the payment of rent and leasehold i tax and unpaid under this Lease. State shall hold and apply any balan Port's future rent as it becomes due. (2)" is re,'ponsible for any deficiency created by the reletting during any 0ion and shall pay the deficiency monthly. (3)t any time after reletting, State may elect to terminate this Lease for the evious Event of Default. entry or repossession of the Property under Paragraph 14.3 is not an e e o terminate this Lease or cause a forfeiture of rents or other charges Port 1�s blio,ated to pay during the balance of the Term, unless (1) State gives Port written notice of termination or (2) a legal proceeding decrees termination. Page 25 of 33 :hard Aquatic Lands Lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 26 of 33 (e) The remedies specified under this Paragraph 14.3 are not exclusive of any other remedies or means of redress to which the State is lawfully entitled for Port's breach or threatened breach of any provision of this Lease. SECTION 15 ENTRY BY STATE State may enter the Property at any reasonable hour to inspect for compliance of this Lease, to monitor impacts to habitat, or survey habitat and species. St lure s ec the Property does not constitute a waiver of any rights or remedies under s Le e. SECTION 16 DISCLAIMER OF QUIET E 16.1 No Guaranty or Warranty. (a) State believes that this Lease is consist n i the i st Doctrine and that none of the third -party interests identi i d in Para 1.1(b) will materially or adversely affect Port's right of posses i n and use o t e Property, but State makes no guaranty or warranty to that ct. (b) State disclaims and Port releases State fr for breach of any implied covenant of quiet enjoymen . his disclaimer and release includes, but is not limited to, interference arisin o exercise of rights under the Public Trust Doctrine; Treaty rights held by In Tribes; and the general power and authority of State and the United St w. re a to aquatic lands and navigable waters. (c) Port is responsible for de e i e tent of Port's right to possession and for defending Port's e*eho n e eSt. 16.2 Eviction by Third -Party. f �hl-j�*art)�evicts Port, this Lease terminates as of the date of the eviction. In the event o ialn, Port's rent obligations abate as of the date of the partial eviction, in xrect ortion the extent of the eviction; this Lease shall remain in full force and effect' other oect 17 NOTICE AND SUBMITTALS Following are theto ti s for delivery of notice and submittals required or permitted under this Lease. Any e the place of delivery upon ten (10) days written notice to the other. State: TMENT OF NATURAL RESOURCES Aquatic Resources Division, Ports Program 11 Washington Street SE MS 47027 lympia, WA 98504-7027 Port o remerton We d Port Orchard Page 26 of 33 Aquatic (ands Lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 27 of 33 Port: PORT OF BREMERTON 8850 SW State Highway 3 Port Orchard, WA 98367-7487 The Parties may deliver any notice in person, by facsimile machine, or by certified 'l. Depending on the method of delivery, notice is effective upon personal delivery, upo ceipt of a confirmation report if delivered by facsimile machine, or three (3) days after ailing. 11 notices must identify the Lease number. On notices transmitted by facsimile 'n , Parties shall state the number of pages contained in the notice, including th� e, if SECTION 18 MISCELLANEOU 18.1 Authority. Port and the person or persons exip 'his se on a alf of Port represent that Port is qualified to do business in the Sashin o , Port has full right and authority to enter into this Lease, and that each aper signing on behalf of Port is authorized to do so. Upon State's request, Port shallvide c satisfactory to State confirming these representations. 18.2 Successors and Assigns. This successors, and assigns. 18.3 Headings. The headings used in define, limit, or extend the scope of this 18.4 Entire Agreement. This entire agreement of the Parties. " promises, representations, and 18.5 Waiver. 0 (a) The �v�,V91 (b) ((The) Port, 18 Cum ad 1 'o o all o er and inure—s the benefit of the Parties, their convenience only and in no way of any provision. ing` he exhibits and addenda, if any, contains the r-ges all prior and contemporaneous agreements, .ng to this transaction or to the Property. e c or default of any term, covenant, or condition of this a ai er of such term, covenant, or condition; of any subsequent ult a same; or of any other term, covenant, or condition of this ' ceptance of a rental payment is not a waiver of any preceding or ich er than the failure to pay the particular rental payment that was al of the Lease, extension of the Lease, or the issuance of a new lease to not waive State's ability to pursue any rights or remedies under the Remedies. The rights and remedies under this Lease are cumulative and in rights and remedies afforded by law or equity or otherwise. Porto remerton Page 27 of 33 Wes Port Orchard Aquatic Lands Lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 28 of 33 18.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 18.8 Language. The word "Port" as used in this Lease applies to one or more persons and regardless of gender, as the case may be. If there is more than one Port, their obligati ns are joint and several. The word "persons," whenever used, shall include individuals, fi s, associations, and corporations. The word "Parties" means State and Port in the collecti e. The word "Party" means either or both State and Port, depending on the context. 18.9 Invalidity. The invalidity, voidness, or illegality of any provisi affect, impair, or invalidate any other provision of this Lease. 18.10 Applicable Law and Venue. This Lease is to be interpri accordance with the laws of the State of Washington. Venue for connection with this Lease is in the Superior Court for T4arston 18.11 Statutory Reference. Any reference to a stat�t� means or hereafter amended or superseded. in of or in as presently enacted 18.12 Recordation. At Port's expense and no later th try {'3 days after receiving the fully -executed Lease, Port shall record this ase in the coup in which the Property is located. Port shall include the parcel number of the u property used in conjunction with the Property, if any. Port shall provide State with re6olrdginformation, including the date of recordation and file number. If Port fails re d th 's ease, State may record it and Port shall pay the costs of recording upon State's an 18.13 Modification. No both .Parties. Oral representations or i 18.14 Survival. Any obligatCoofnot cease, but contin Qbli 0, is effective unless in writing and signed by not bind either Party. if fully performed upon termination of this Lease do Port until fully performed. Port o fl Bremerton Page 28 of 33 Aquatic Lands Lease No. 22-BO2235 WesVtud Port Orchard DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 29 of 33 18.15 Exhibits. All referenced exhibits are incorporated in the Lease unless expressly identified as unincorporated. THIS AGREEMENT requires the signature of all Parties and is effective on the date last signature below. PORT DF BREMERTON Dated: 0' AA-- , 2011 By: CARY BOZEM -� Title: Chief Exe is Address: 8850 SW tate Hi ay �rc WA 367-7487 Phone: 74-2 ex . 2 STATE WASH ON DEPART ATURAL RESOURCES Dated: a , 2011 0 Attorney General Page 29 of 33 Port Orchard Cont0issioiOr of Public Lands I I I 1 ington Street SE MIS 47027 Olympia, WA 98504-7027 Aquatic Lands Lease No. 22-BO2235 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 30 of 33 REPRESENTATIVE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss County of Kitsap ) I certify that I know or have satisfactory evidence that CARY BOZfs i the pe s n why appeared before me, and said person acknowledged that he signed inst oath stated that he was authorized to execute the instrument and acknowledge ' h C ' xecutive Director of the Port of Bremerton to be the free and voluntary act o such p fo uses and nnrnncac mantinnarl in tha inctr-imant 1 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 929OO42 09/29/2011 10.00.37 AM Page 31 of 33 STATE ACKNOWLEDGMENT DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 32 of 33 11*111, 41 Legal Description of Premises and Encumbrances '35 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF se 22-OA2234 Lease 22-OA2235 Lease 22-OA9891 That portion oft e h bor area lying landward of the Mean High Water line, frontingLots Tract 1 Tract "A" 1 through 10 of B k 1 of Shore and Tidelands of Sidney as shown on that certain ma That portion of the harbor area lying landward of the Mean High Water line, fronting That portion of an unnumbered tract of Shore and Tidelands of Sidney as shown on dated 0 May 1 2, ing a portion of Government Lot 4 Section 26, Township 24 North, Blocks 11 and Orchard Street in SM Stevens Town Plat of Sidney, filed in Volume 1, page 1 that certain map dated May 30,1892, lying landward of the toe of the rock rip -rap as it Range 1 East M. ore particularly described as follows: of Plats records of Kitsap County, Washington and Block 11 and Orchard Street lying existed on January 15, 2004 and adjacent to and abutting Lots 1 though 5 of Block 1 of the within the Shore and Tidelands of Sidney as shown on that certain map dated May 30, Plat of Bay Street Addition to Port Orchard as recorded under Auditor's File Number Comm ncin at that ce rtain monument as described in Record of Survey recorded under 1892, being a portion of Government Lot 3, Section 26, Township 24 North, Range 1 East 51104 and filed in Volume 3, page 116 of plats, records of Kitsap County, Washington Auditor's File umber 09 257 and filed in Volume 49, page 139 of surveys, records of W.M. more particularly described as follows: more particularly described as follows: Kitsa Cou ,Was 'ngt designated as the meander corner common to Section 25 26, T nship Nor t ange East W.M., from which the East one quarter of said Commencing at that certain monument as described in Record of Survey recorded Commencing at that certain monument as described in Record of Survey recorded Sectio 6 bears °31' " W 5 .21 et; thence N 1°31'09" E, along the Northerly extension under Auditor's File Number 3090257 and filed in Volume 49, page 139 of surveys, under Auditor's File Number 3090257 and filed in Volume 49, page 139 of surveys, e East Line f G ernment L t 4 o said section, 912.48 feet to its intersection with the records of Kitsap County, Washington being designated as the meander corner common records of Kitsap County, Washington being designated as the meander comer common Inner Harbor ine onting the Sh re a d Tidelands of Sidney; thence Southwesterly and to Section 25 and 26, Township 24 North, Range 1 East W.M., from which the East one to Section 25 and 26, Township 24 North, Range 1 East W.M., from which the East one Northweste y al ng said Inner arb r Line on the following courses, S 47°08'51" W 1563.44 quarter of said Section 26 bears S 1°31'09" W 589.21 feet; thence N 1°31'09" E, along the quarter of said Section 26 bears S 1°31'09" W 589.21 feet; thence Southwesterly along the feet and 84°3 '09" W 137.34 eet ore less int on said Inner Harbor Line, 11.00 feet Northerly extension of the East Line of Government Lot 4 of said section, 912.48 feet to its Balanced Government Meander Line on the following courses S 87°10' 33" W 346.90 and East of at r' angle to the i ers tion o -he Norther extension of East line of Sidney intersection with the Inner Harbor Line fronting the Shore and Tidelands of Sidney; S 55024'31" W 494.26 feet more or less to the Northwest corner of Lot 5 of the Plat of Bay Avenue as delineated on t fa c of th lat e ' t Addition to Sidney as filed in thence Southwesterly and Northwesterly along said Inner Harbor Line on the following Street Addition to Port Orchard as recorded under Auditor's File Number 51104 and filed Volume 1, page 10 of pla an as sh wn said map Sh re and Tidelands of Sidney, and courses, S 47°08'51" W 1563.44 feet and N 84°36'09" W 866.00 feet, to that certain an angle in Volume 3, page 116 of plats, records of Kitsap County, Washington and the TRUE the TRUE POINT OF B GI ING• the a leaving said nn Harbor Li run °43'24" E, point in the said Inner Harbor Line fronting Block 11 of SM Stevens Town Plat of Sidney POINT OF BEGINNING; thence leaving said Balanced Government Meander Line, run N parallel with and 11.00 ast of t ri ht angle to the id ast i of S' ey enue, as filed in Volume 1, page 1 of plats, and the TRUE POINT OF BEGINNING; thence 1°43'24" E, on the Northerly extension of the West line of said Lot 5, a distance of 149.38 35.11 feet more or less to its inter ctio with the Mean ig Wa r Line o Sinc nlet, as leaving said Inner Harbor Line run N 31°48'12" W, parallel with the lot line common to feet more or less to the toe of the rock rip -rap as it existed on January 15, 2004; thence based upon U.S.C. and G.S. Tidal enc Mark Stamp N ber 9 UB 2 SET; the a Lots 3 and 4, Block 11 of said SM Stevens Town Plat of Sidney, 33.46 feet more or less to its Southeasterly along the toe of said rock rip -rap on the following courses, S 75°16'33" E Southeasterly and Northeasterly, al ng id Mean igh ate, r L' e o e f owi g intersection with the Mean High Water Line of Sinclair Inlet, as based upon U.S.C. & G.S. 103.49 and S 64°05'03"E 48.12 feet more or less to a point on the Balanced Government courses, S 75°30'46" E 27.34, N 88°11 eet, S °49'0 ' E 3 .18 an S 88 Tidal Bench Mark Stamped Number 9 SUB 2 RESET; thence Northeasterly along said line Meander Line which bear N 55°24'31" E from the True Point of Beginning; thence S E 53.26 feet more or less to its intersects with the s 'd Inner arb r Line; th ce al ng said of Mean High Water on the following courses N 46°53 50 E 31.78 feet, N 50°08 13 E 55 24 31 W, along said meander line 179.62 feet more or, less to the TRUE POINT OF Inner Harbor Line on the following courses, 151" W 6.74 et and N °36' 9" 53.47 feet, N 44026'05" E 41.65 feet, N 64041'33" E 22.54 feet and N 55°20'25" E 17.46 feet; BEGINNING. 137.34 feet more or less to the TRUE POINT OF BEGINN G. thence leaving the said line of Mean High Water run S 44°53'41" E 37.08 feet to the beginning of a non -tangent curve to the Southwest from which the radius point bears S 44053'41" E 49.64 feet; thence Southwesterly along the arc of said curve 30.67 feet to a Tract "B" point from which the radius point bears S 80°17'22" E; thence N 87005'20" W 27.92 feet That portion of an unnumbered tract of Shore and Tidelands of Sidney as shown on more or less to a point on the Northerly extension of the West line of Orchard Street in 1882, lying landward of the toe of the rock rip -rap ra as it that certain map dated May 30, y' g P- P id plat, thence S 1 41 48 W, along said Northerly extension, 90.84 feet more or less to a existed on January 15, 2004 and adjacent to and abutting Lots 8 through 10 of Block 1 of Datum-- Mean Lower Low Water poi t on the said er Harbor Line which bears S 84036'09" E from the True Point of the Plat of Bay Street Addition to Port Orchard as recorded under Auditor's File Number Originating from U.S.C.&G.S. Tidal Bench Mark - egi ing; the a th ce N 84036'09" W , along the said Inner Harbor Line 92.63 feet more 51104 and filed in Volume 3, page 116 of plats, records of Kitsap County, Washington Elevation=71.45 o le to the TR OINT OF BEGINNING. more particularly described as follows: _ Stamped No. 9 SUB 2 RESET Located on the front steps of the Bremerton Post Office at 2 Commencing at that certain monument as described in Record of Survey recorded 6th and Pacific in Bremerton, Washington That orti of the harbor area lying landward of the Mean High Water line, fronting under Auditors File Number 3090257 and filed in Volume 49, page 139 of surveys, Block 2 a d 13, Sidney Street and a portion of Orchard Street, Fredrick Street and records of Kitsap County, Washington being designated as the meander corner common Port' n o idney SM Stevens Town Plat of Sidney, filed in Volume 1, page 1 of to Section 25 and 26, Township 24 North, Range 1 East W.M., from which the East one Datum Plane MLLW NGVD 29 NAVD 88 PI s, re ords of itsa Coun , Washington, Block 13 and portion of Sidney Street in First quarter of said Section 26 bears S 1031'09" W 589.21 feet; thence Southwesterly along the ddif n to Sidne rtsap oun , Washtngton, ecorded in Volume 1, page 10 of Plats, Government Balanced Meander Line on the following courses S 87°10 33 W 346.90 feet Highest Estimated Tide---14.70 +/- 0.5 reco ds of K' County, W hin ton and Bl 1 and 13, Sidney Street, Fredrick Street and S 55°24'31" W 568.69 feet more or less to the Northeast corner of Lot 8 of the Plat of Mean Higher High Water----------11.74----------5.51-----------8.99 a a po ion of Or and Stre t, lyi g within e S ore and Tidelands of Sidney as shown Bay Street Addition to Port Orchard as recorded under Auditor's File Number 51104 and Mean High Water ------------------- 10.87---------- 4.64----------- 8.12 n that erta' dat M 30, 892, be'. g a ortion of Government Lots 3 and 4, filed in Volume 3, page 116 of plats, records of Kitsap County, Washington and the TRUE Mean (Half) Tide Level-------------6.85----------0.62-----------4.10 Sectio 26, ownshi 4 North, nge 1 st M. more particularly described as follows: POINT OF BEGINNING; thence continue S 87°10' 33" W, along said Balanced Meander NGVD --------------------------------- 6.23---------- 0.00----------- 3.48 Line 37.21 feet more or less,to the Northwest corner of Lot 8 of said plat; thence N Mean Low Water -------------------- 2.83-------- -3.40----------- 0.08 Co enc at tha erta' monu ent s described in Record of Survey recorded 1°43'24" E, on the Northerly extension of the West line of said Lot 8, a distance of 29.59 Mean Lower Low Water ------------ 0.00-------- -6.23-------- -2.75 under Au ' is i e um r 3090 7 an filed in Volume 49, page 139 of surveys, feet; thence N 88°16'36" W, at right angle to the West line of said Lot 8, a distance of 59.97 Lowest Estimated Tide----- -4.50 +/- 0.5 ' records of Kitsa my ashi ton ing designated as the meander corner common feet more or less to the Easterly margin of Harrison Street as defined by the Plat of the to Section 25 and 2 To nship 4 N th, Range 1 East W.M., fr which t e st one First Addition to Sidney as filed in Volume 1, page 10 of plats, records of Kitsap County, quarter of said Sectio 6 bea S 1° 1'09" W 589.21 feet; the e N 1°3 ' , alo the Washington; thence N 1°43'24" E, along the Easterly margin of said Harrison Street and Northerly extension of the st L' a of Government Lot 4 f said ection, 912. feet o its the Northerly extension thereof 222.73 feet more or less to the toe of the rock rip -rap as it intersection with the Inner r r Line fronting the' a an idelands of Sidn existed on January 15, 2004; thence Southeasterly along the toe of said rock rip -rap on the Equipment and Procedures thence Southwesterly and Northwesterly along said. I er rbor Line on the foll win following courses, S 78°57'05" E 32.83 feet and S 71025'51" E 60.14 feet more or less to a 20" Theodolite, EDM and 200.0' steel tape. courses, S 47°08'51" W 1563.44 feet and N 84°36'09" 148. 6 feet more or less to t e point N 1°43'24" E, from the Northeast corner of said Lot 8, the True Point of Beginning; Procedure = The control portion of this survey is in p y intersection of the Easterly margin of Sidney Avenue as sl own on said Plat of First thence S 1°43'24" W, along the Northerly extension of the East line of said Lot 8, a compliance with the Federal Geodetic control committee's Addition to Sidney and the Inner Harbor Line as sho n n the Map of Shore and distance of 207.53 feet more or less to the TRUE POINT OF BEGINNING. Tidelands of S-piney, Kitsap County, Washington , d ted ay 30, 1892, said point being "Geodetic Accuracy Standard and Specification for using the Northerly extension of the West line of Lot 1, Bl k 13 of said Plat of First Addition to GPS Relative Positioning Techniques", version 5.0 updated Sidney; thence N 1°43'24" E, along the Northerly exte io of the West line of Lot 1, Block August 1, 1989 for Group C, Order 1 Surveys. Corner Ties 13 of said Plat of First Addition to Sidney, 5.27 feet to t T E POINT OF EGINNI ; were made by Field Traverse. Traverse lines were Closed thence N 65°24'01" W 346.49 feet to the beginning of a cu a to om hich e Loop or Closed Between Known Points. radius point bears S 24035'59" W 266.58 feet; thence Northw terly and We rly on g e ' arc of said curve 82.34 feet to a point from which the radius poi n 6°54' W; thence N 83°05'51" W 143.99 feet to the beginning of a curve to the left from w ch t e radius point bears S 6°54'09" W 49.64 feet; thence Southwesterly along the arc f sa'd Vertical Datum based upon HARN (GPS 222) Stations Bremerton curve 23.76 feet to a point from which the radius point bears S 20°31'16" E; the ce Air, King Olaf and Sitar RM1 and NOAA Vertical Control NGVD 20°31'16'' W, along the radial extension of end of said curve, 31.90 feet more or ess o its 1929, Adjustment of 1947 monuments PEAT 1934, P255 and No. 9 intersection with the Mean High Water Line of Sinclair Inlet, as based upon U.S. . & Datum SUB 2 RESET Tidal Bench Mark Stamped Number 9 SUB 2 RESET; thence Southeasterly along th aid Mean High Waterline on the following courses, S 86°18'09" E 134.27 feet, S 78°09'03" Horizontal Datum NAD 83191 Geoid 1993 expressed in US Survey 93.79 feet, S 69°04'17" E 97.50 feet, S 60°15'50" E 69.17 feet, S 70"15'34" E 45.38 feet, S feet - . 63036'47" E 119.18 feet and S 73°35'59" E 48.00 feet more or less to a point on the Northerly extension of the West line of Lot 1, Block 13 of said Plat of First Addition to Sidney, which Exh2b2 ShOw2�'L bears N 1°43'24" E from the True Point of Beginning; thence S 1°43'24" W, along said RT OFMETON Northerly extension 32.00 feet more or less to the TRUE POINT OF BEGINNING. ort a agemen greement 22-080016 Lease ers 22-OAS 34) 2 5 and Lease Number 22-OA9891 as ended 2010 in Harb r re and Shore and Tidelands of Sidney SURVEYOR'S CERTIFICATE` AUDITOR'S CERTIFICATE fronting I ortion of Blocks 11 12 and 13 ' This map correctly represents a survey made by me or under my direction in Filed for record this 01 day of MC.dt&N 20f8 at IN�n p ' conformance with the requirements of the SURVEY RECORDING ACT at the Section 26 Township 2AN Range 1 East W.M. at the request and portion reque of Porto Bremerton of Lyle R. Muller Un-Numbered Tract of the Shore and Tidelands of Sidney By: being in Ward C. Muller and Associates -Licensed Land ors Surve County Auditor Y portion of Government Lots 3 and 4 217 Sidney Avenue SURVEY NUMBER SW -NE 26-24-01-1-t'X MSE-NE 26-24-01-1- OCC)g Section 26-Township 24 North -Range 1 East W.M. Port Orchard, Wa 98366 Phone (360)876-3443 ° AUDITOR'S FILE NUMBER Z011 p3Olpl35 Book �5 Page Fieldbok Number 405 and "X• Sheet 1 0 12 Sheets Job 5272 — Latitude N 47 32 28.08 Longitude W 122 38 09.41 f �103�1013S 7`j•5Z DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF Parcel 1 Parcel 2 That po on the harbor area fronting Blocks 11, 12 ,13, Orchard Street, Fredrick Street and Sidney Street all in the Sidney Tidelands That portion of the harbor area fronting Sidney Street and Block 13, all in the Sidney Tidelands fronting Sidney Street and Block 13 of fronting ocks 1, 12, 13 of the Plat of S.M. Stevens Town Plat of Sidney, as recorded in Volume 1, page 1 of plats and Block 13 in the the Plat of First Addition to Sidney as recorded in Volume 1, page 10 of plats, records of Kitsap County, Washington and being a portion Shore a d Ti elands of Sidney as shown on that certain map dated May 30, 1892, fronting Block 13, Plat of First Addition to Sidney as of Government Lot 4, Section 26, township 24 North, Range 1 East W.M. more particularly described as follows: recor in V ume 1, page 10 of plats, records of Kitsap County, Washington and being a portion of Government Lots 3 and 4, Section 26, To hi 4 Nort Range 1 East W.M., more particular described as follows: Commencing at that certain monument as described in Record of Survey recorded under Auditor's File Number 3090257 and filed in " Volume 49, page 139 of surveys, records of Kitsap County, Washington being designated as the meander corner common to Section 25 Co mencin at in monument as described in Record of Survey recorded under Auditor's File Number 3090257 and filed in and 26, Township 24 North, Range 1 East W.M., from which the East one quarter of said Section 26 bears S 1°31'09" W 589.21 feet; thence Vol me 49, p ge 139 urve s, records of Kitsap County, Washington being designated as the meander corner common to Section 25 N 1°31'09" E, along the Northerly extension of the East Line of Government Lot 4 of said section, 912.48 feet to its intersection with the d 26, To nshi 24 No Ra e 1 East W.M., from which the East one quarter of said Section 26 bears S 1°31'09" W 589.21 feet; thence Inner Harbor Line fronting the Shore and Tidelands of Sidney; thence Southwesterly and Northwesterly along said Inner Harbor Line on N 1031109' E , Ong the No her extension of the East Line of Government Lot 4 of said section, 912.48 feet to its intersection with the the following courses, S 47°08'51" W 1563.44 feet and N 84°36'09" W 148.36 feet more or less to the intersection of the Easterly margin of Inner rbor me fronting e S ore and Tidelands of Sidney; thence Southwesterly and Northwesterly along said Inner Harbor Line on Sidney Street as shown on the said Plat of First Addition to Sidney and the Inner Harbor Line as shown on the Map of Shore and the fo owi g courses, S 4701 " W 1563.44 feet and N 84°36'09" W 148.36 feet more or less to the intersection of the Easterly margin of Tidelands of Sidney, Kitsap County, Washington, dated May 30,1892, said point being the Northerly extension of Lot 1, Block 13 of said Sidriey A enue as show on s id Plat ddition to Sidney and the Inner Harbor Line as shown on the Map of Shore and Tidelands Plat of First Addition to Sidney; thence N 1°43 24" E, along the Northerly extension of the West line of Lot 1, Block 13 of of said Plat of of Si , Kitsap Co u y, W shin n , dated MAT20, 1892, said point being the Northerly extension of the West line of Lot 1, Block 13 of First Addition to Sidney, 200.00 feet and the TRUE POINT OF BEGINNING of said Parcel 2; thence N 84°36'09" W, parallel with the said said Plat of First Ad Rion o Sid ey; t ce 043' 4" E, along the Northerly extension of said West line of Lot 1, Block 13 of said Plat of Inner Harbor Line, 33.07 feet more or less to its intersection with the Northerly extension of the centerline of Sidney Street and shown on First Addition to S' ney 7.27 eet ore or less t its intersection with -the Mean High Water Line of Sinclair Inlet, as based upon U.S.C. said Plat of First Addition to Sidney; thence N 1°43'24" E, along the Northerly extension of the said centerline of Sidney Street, 754.69 feet and G.S. Tidal B ch ark St mp Number 9 S B 2 SET and e TRU OINT OF BEGINNING of said Parcel 1; thence N 1°43'24" more or less to the Re -Established Outer Harbor Line, as approved by the Harbor Line Commission per Resolution Number 175, dated E, along the said erly a to on, 162.73 feet; hen e N 9" , ara 1 with the said Inner Harbor Line 33.07 feet more or less to September 11, 1973; thence N 63°48'53" E, along said Re -Established Outer Harbor Line, 237.64 feet more or less to point 210.00 feet East its intersection with the Nort erl extension of t ce erli of Sid y Stre as shown on said Plat of First Addition to Sidney; thence N of at right angle to the said Northerly extension of the centerline of Sidney Street and shown on said Plat of First Addition to Sidney; 1°43'24" E, along the Northe y e tension of sai cen rline 7 4.69 fe more o ess to a Re -Established Outer Harbor Line, as approved thence S 1°43'24" E, parallel with and 210.00 feet East of at right angle to the said centerline of Sidney Street 814.40 feet more or less to a by the Harbor Line Commissi n p r Resoluti N ber 17 , da Se inr 11,1973; ence Southwesterly along the said point which bears N 1°43'24" E, parallel with the Northerly extension of the West line of Lot 1, Block 13 of said Plat of First Addition to Re -Established Outer Harbor L e on lowi g cour s, S °48' 43. eet, 149" W 645.85 feet and S 46037'51" W 165.19 Sidney, 265.00 feet and S 84°36'09" E, parallel with the said Inner Harbor Line,177.37 feet from the intersection of the said Inner Harbor feet; thence leaving said Re-Estab ' ed Oute arbor 'ne r n S 1°4104 ' W, rallel wi th centerline of Orchard Street in said Plat of Line and the West line of Lot 1, Block 13 of said Plat of First Addition to Sidney extended; thence N 84036'09" W, parallel with the said S.M. Stevens Town Plat of Sidney, 521.8 eet more o ess a point w ich ars 31°4 W, parallel with the Northerly line of Lot 3, Inner Harbor line 177.37 feet more or less to its intersection with the Northerly extension of the West Line of Lot 1, Block 13 of said Plat of Block 11 of said Plat of S.M. Stevens Town Plat of S' ney from the a gle int ' the er Harbor Line fronting Block 11 of said Plat of First Addition to Sidney; thence S 1°43'24" E; along the said Northerly extension 65.00 feet more or less to the TRUE POINT OF . S.M. Stevens Town Plat of Sidney; thence S 31°48' 2" E 02.78 feet ore r less tot a sa Mean High Water Line of Sinclair Inlet; thence BEGINNING along the said Mean High Water Line on the foll 1 course, N 6 5 0 W 31 8 fe ° N 50°08'13" E 53.47 feet, N 44°26'05" E 41.65 feet, N 64041'33" E 22.54 feet, N 55020'25" E 17.46 feet, 44°55'41" , 5.8 feet to t be 'nning a curve to the right from which the radius 22-080016 easterl a arc of said curve 71.34 feet to a point bears N 45°06'29" E 20.00 feet; thence Northwesterly, N rthe sterly an SoOf PMA point from which the radius point bears S 69°28'44" W; the ce S °31'16" 11.eet , 86°18'09" E 4.27 feet, S 78009'03" E 93.79 feet, Parcel 3 S 69004'17" E 97.50 feet, S 60015'50" E 69.17 feet S 70015'34' .38 feet 63°3 47" 19.1 eet a S 035'59" E 48 et more or less to the TRUE POINT OF BEGINNING. That portion of the harbor area fronting Block 13 of the Sidney Tidelands fronting Block 13 of the Plat of First Addition to Sidney as recorded in Volume 1, page 10 of plats, records of Kitsap County, Washington and being a portion of Government Lot 4, Section 26, - township 24 North, Range 1 East W.M. more particularly described as follows: Commencing at that certain monument as described in Record of Survey recorded under Auditor's File Number 3NO257 and filed in Volume 49, page 139 of surveys, records of Kitsap County, Washington being designated as the meander corner common to Section 25 Area Type Reference-_ Square F a e Lease 22-OA2235 "A" on -Water Dependent Lease No. 22-OA2235 ( r PMA 22-0816) 3178.4sq. ft. Lease 22-OA2235 "B" Public Use Area Lease No. 22-OA2235 (per PMA 22-oo6o10 3,3'07.3 s . ± Lease 22-OA2235 "C" on -Water Dependent Lease No. 22-OA2235 (per PMA 22-080 6) 94 .3 s . ± Lease 22-OA2235 "D" Public Use Area Lease No. 22-OA2235 (per PMA 22-080016) 550.2 s . ft. Lease 22-OA2235 "E" on -Water Dependent Lease No. 22-OA2235 (per PMA 22-080016) 0 4 s . f ± Lease 22-OA2234 "A" on -Water Dependent Lease No. 22-OA2234 (per PMA 22-080016) 2069.1 s . Lease 22-OA2234 "B" Public Use Area Lease No. 22-OA2234 (per PMA 22-080016) 1547.0 s . ft. _ Lease 22-OA2234 "C on -Water Dependent Lease No. 22-OA2234 (per PMA 22-080016) 2108.8 s . ft. ± Lease 22-OA9891 "A" on -Water Dependent Amended Lease No. 22-OA9891 (Tract "B") 2570.7 s . ft. ± Lease 22-OA9891 "B" Public Use Area Amended Lease No. 22-OA9891 (Tract "B") 1079.7s . ft. ± Lease 22-OA9891 "C on -Water Dependent Amended Lease No. 22-OA9891 (Tract "B") 16,048.9 s . ft. ± Lease 22-OA9891 "D" ' on -Water Dependent Amended Lease No. 22-OA9891 (Tract "A") 3050.9 s . ft. ± Lease 22-OA9891 "E" Public Use Area Amended Lease No. 22-OA9891 (Tract "A') 1573.2 s . ft. ± Lease 22-OA9891 "F" on -Water Dependent Amended Lease No. 22-OA9891 (Tract "A") 6667.4 s . ft. ± MA 22-080016 Parcel 1 619, 622.0 s . ft. ± MA 22-080016 Parcel 2 160,075.4 s .ft. MA 22-080016 Parcel 3 10,503.0 s . ft. and 26, Township 24 North, Range 1 East W.M., from which the East one quarter of said Section 26 bears S 1°31'09" W 589.21 feet; thence N 1°31'09" E , along the Northerly extension of the East Line of Government Lot 4 of said section, 912.48 feet to its intersection with the nner Harbor Line fronting the Shore and Tidelands of Sidney; thence Southwesterly and Northwesterly along said Inner Harbor Line on the following courses, S 47°08'51" W 1411.90 feet more or Iess to the Northeast corner of Lot 101 Block 13 of the Sidney Tidelands as shown on the Map of Shore and Tidelands of Sidney, Kitsap County, Washington, dated May 30,1892, said point being the intersection of the Northerly extension of the line common to Lots 10 and 11, Block 13 of said Plat of First Addition to Sidney and the Inner Harbor Line as shown on said Map of Shore and Tidelands of Sidney; thence N 88°16'36" W, at right angle to the said East line of Lot 10 of the Plat of First Addition to Sidney, 175.00 feet more or less to its intersection with the Northerly extension of the Lot line common to Lots 3 and 4 of said Block 13 of the Sidney Tidelands; thence S 1°43'24" W, along Northerly extension of said lot line common to Lots 3 and 4, a C of 52.05 feet more or to a point which bears Northerly along the said lot line common to said Lots 3 and 4 of Block 13 of the Sidney Tide l distance from the Inner Harbor Line; thence N 84°36'09" W, parallel with and 49.49 at right angle to the said Inner Ha or Line, 70.14 feet ore or less to a point 11.00 feet East of at right angle to the West line of Lot 1, Block 13 of said Sidney Tidel s; the e S 1°43 " W, aria with the West line of said Lot 1, a distance of 14.89 feet more or less to its intersection with the Mea igh ater Line of Si lair nlet, as based upon U.S.C. and G.S. Tidal Bench Mark Stamped Number 9 SUB 2 RESET;; thence Eas rly ong the said Mean igh ater Line on the following courses, S 75°30'46" E 27.34 feet, N 88°11'09" E 67.58 feet, S 83°49'01" E 30 8 fe and S 88°25'05" E 53. 6 fe t more or less to its intersection with the said Inner Harbor Line; thence N 47°08'51" E, along the s d I er Harbor Line 94.80 fe t m re or less to the TRUE POINT OF BEGINNING. Exhibi Showing RT OF BREMERTON ort a agemen greement 22-080016 Lease ers 22- 3422 5 and Lease Number 22-OA9891 as ended 2010 in Harb r re and Shore and Tidelands of Sidney AUDITOR'S CERTIFICATE fronting .11 portion of Blocks 11, 12 and 13 Filed for record this CA Y da of i'Q 201.9 at P"n _ �...R Section 26 Township K4N Range 1 East W.M. at the request . and portion v:. a� Un-Numbered Tract Ward C. Muller & Associates :� ti of Lyle R. Muller o the Licensed Land Surveyors f • Land Development Planning V� Shore and Tidelands of Sidne • Boundary and Lot Surveys a' . • Subdivision and Platting W438 By' being in • Construction Surveying 'RF 0).4 COUnty AUCI�tOf �o ��T��5� portion of Government Lots 3 and Over 50 years of Service to i{itaap and Olympic Peninsula *4 LAND 217 Sidney Avenue (360) 876-3443 SURVEY NUMBER SW -NE 26-24-01-1-.OM(pSE-NE 26-24-01-1- OOC -) Section 26-Township 24 North -Range 1 East W.M. Port Orchard, WA 98366 (360) 377-5951 t, , e. patk.p J ,w, Isp,.h"edbyI.. AUDITOR'S FILE NUMBER ZOIj D'3df)13BOOk]fPage Filedbook aos and "x" Sheet 2of 12 sheets J O f] 5272 TaA03010i35 5z) DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF / Bearings based upon Washington Coordinate System / North Zone NAD 83191 as derived from Global Positioning System (GPS) ties to High Accuracy 9� 66 / Reference Network (HARN) Control Stations. Refer to A= 35°23'41' A= 2040 '25" A= 27025'25" A= 17°41'50' / / control scheme as shotun on survey recorded under Vicinity Map © R= 4964 R= 2D ® R= 49.64 R= 29.58 / / Auditor's File Number 3090257 and filed in Book 49, L= 30.67 L= 34 L= 23.76 L= 82.34 5133Q1 / page 139 of surveys. No Scale SINCL_ Ali 63 / /,. Re -Established Outer Harbor Line , 6A per Sta 00 � te Harbor Lute Contmisaio�t Reaolutimbe t Number 175 dated Septent6er 11, 1973 23' • - , N 8800714911 E 645.85 0�°6 / 00 / C14 ' • Harbor �� 16 W84036 OtO / 869.25 5/ $�A L4, o�y / co I = / 60, W PMA 22-080016 cel 1 Area= 619,622 sq. ft. more or as 1% Itb° ed ase umber / rea= 26, 2 sq. .more or less a / 1g Z g __I71.3I_N 88°16 36_ W 6� '� (ti'�� 19 N84°36'09'W,��A' 1 ti '?�� N8� °0551"W W Lease Number 2 629 iU i 4' / o �� ; / ; 27. Ab,�' `� _26J25 N 87°05'20, W ` g Ito I �o �� $ City of Pori Orchara' 6S?9o,, 2 N 8°16 36" w i i o�g� moo" ; ; N 8 7° 10'33" E 3 4 6. 90 ' Amended Le W Aquatic Land Lease a `� 92 63 v ase Number 22-002b82 A.9 N ., 175 AD I ��, Number 22-A02336 . 0 84 36 9" W LIN, 625.00 N 8°57.5.e— \ — _ Harbor �h� WN"7° I I N 84°36'09° 1/j/ �---- `R 37.3 ? ZsYs7.� q �, �a4 31A � o 866.00 I ' / _ 76 00 °t �, 1 Amended Lease m 22-OA225' ;" ", N 1474,9 64°ps' G e Z Area= 5,725 sq. ji. or l N A �� ly O�e / Amended Lea 22-0 891+ I — Tr t "B Rom (meters) 26 25 / N6s°S\ Area- 19,699 sq. fl more le s p3 1 Na 61779.318 °t 9p),, I 59.97 E 364677.824 1✓ l7i I 880 '36" �/ 1 / 1`b• tie '� Cd G° °� 1 �0 998LQ 1 d = E h 2 h wen gg _ 4'�1 ,z POPT F ERfTON I M P t ana ment Bement 80016 ° 1 N x��e� Lease Nu bers 22-0 3�, 22-0 2 5 an ea Number 22-OA9891 2 / %ti boo as a en ed 10 QON 63 .�6 Harbor Are and S ore a Tidelands of Sidney AUDITOR'S CERTIFICATE ntin9 i1 o on locks 11, 12 and 13 Filed for record this \ day of 'f��C�IQ�Y\ 201@ at i min p and portion ; .. Section 26 Township 24N Range 1 East N.M. at the request Un-Numbered Tract Ward C. Muller & Associates : c of Lyle R. Muller I � Licensed Land Surveyors Of the • Land Development Planning Shore and Tidelands of Sidney • 13oaiidary and Lot Surveys a Q � • Subdivision and Platting I By: 26 25 being in • Construction Surveying CountyAuditor portion of Government Lots 3 and 35 36 �fo �GISThpSv¢� • Over 50 years of Service to Kiteap and Olympic Peninsula N'9L LAND 217 Sidney Avenue (360) 876-3443 SURVEY NUMBER SW -NE 26-24-01-1- QDW SE -NE 26-24-01-1- b C>Og Section 26-Township 24 North -Range 1 East W.M. C Port Orchard, WA 98Her (360) 377 5951 _ - Job 5 2 7 2 — 1 «-1Zn2008 w padf xM�1iowsoc�kproh edbyiry AUDITOR'S FILE NUMBER 01 030101�� BOOI(�Page Fieldbook 405 and "X" Sheet 3 of 12 sheets DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF fiaa.m fo 6£LaBnd 16p Moog ui papf put; LSZ060£ .�aquinN atilt s io . pny pun pipiloaa i fiaa ins uo u02011s sn au10111o6 10,41u03 01 Jdfas * sun vjS loiluoJ (MVH) �.ioazjdN aauapft Raninaad i{8iH ol N (S f)) iva#sfis 8utuoiaisog ld 9 u1,04Pdai,1ap sn I6/£8 CINV t o 10Z 1113ON uiaisfis d1l .lo a uutsnM uodn pasnq s2ui snag _ I _ '; % a 71 Azz o to }. /.' -71 U ♦ 'Q 4 ill O _ W r f 3N 01 IN -. ^i 3N11 HO1HW QO p /- , •® y, Grp , I VW i / `,fF"'!'�%m • s. �.( 3.8b100 CIA er _ \ \ 1 �t • �l _ _ III 00 \ o �•• _ _ p � •N 3.8blb.1 3.6069,9N _ (`•t — r`4co ci F OB OE rn G lZ X ' lL'lll � I cD - / • � - \ - \ 1'1 it F- � � ;d\ b9 6 _ • 1 �� • cis i .Ll„I 1 3.8b1 P. T N 1 a R . co 1 'tom c 1 / / / / / 1 %� \ 2L'1;j 1e ' S •J •. 3BE;fr,Zl l: -' � ``` ' f Cn / fib•.,• aK cr) It , Z \�'••� �,yy ar" yam 1 N Ca/ / x �•r N, N 1 N H oho\bad , \y �Ail '. a1 p1 gY �` �, Pljllllp'. Y 5hibit Showing J -Q2 ersoa 69'zrti OF BREMERT'oN - z8,rz5 .-8brTb,Tnt �� agement Agreement 22-080016 \ Lease Number 22-OA9,235 ��. as amended 2010 �r AUDITOR'S CERTIFICATE in H 1 Vvi`n' Harbor Area fronting ' Filed for record this day of Y`i1c,,Q,�r\ 20?�e at L :�j'-i R MU Section .26 Township.24N Range 1 East W.M. at the request portion of Blocks YY nd 12 Ward C. Muller &Associates ov �ws tip; • of Lyle R. Muller of the P �r 7 �r Licensed Land Surveyors y `' i r ( Shore and Tidelands of Sidney • Land Development Planning • Boundary and Lot Surveys Q )CA+ y L f • Subdivision and Platting By: being O7"t2oyL o • Construction Surveying 38 p. 4� County Auditor Government Lot 3 r ��L�ST>:�� Section 26-Township 24 North -Ran e 1 East W. M Over 50 years oFService to Kitsep and Olympic Peninsula ONAG LAND � SURVEY NUMBER SW -NE 26-2.�.-01-1- �� SE -NE ,26-,2.�-01-1- b0pcj 217 Sidney Avenue (360)876-3443 Port Orchard, wA983ss (360)377-5951 AUDITOR'S FILE NUMBER2n1�03p \35 Pa e f Job 52 2-' ®C�y,11 2ooaward rt t*1— andiseariales � O BOOIC_� g Fieldbook 405 and "xrr Sheet 4 0 12 sheets Rcyxr.l, -. in while a port f.x perxnnl use u resde is prohihilcvl by Inw ..... - 20A030LC>13 1 � s � DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 0 - N v� ��•.:.�� I<pp111IID I I I o �-- WL ti9 I I I I I�o 5rmmlllnn I \ mlmmm�allmnlunn IShor4 and ITidelnds �f Sad ey I N 88`26'L\��256.00 .— U I I Block16 I ,�,-��, o 0 o y o Lot 1 Lot 2 Lot 3 Lot .4 I Lot 5 I Lot 6 t�j I I I I I I i I o o I I 1 o i ` Qr� 33.07 N 84`36'09" -------------- ------------- \�r� �,y1 nn I I I �/ 1 �\ j N Fes, o a� Concrete Float - �� 3 �V I a \, N - Oer'� N I �>\ ��'� I I I Scale 1"=50' cl¢ °p o itsa Transit a Wa hin n tni ?pal Corpo' tion e� �5r I I I I I 25 75 P° z x z ease u b 2-0 �629 0 50 100 I W ncrete FI �Q3O Lu 88`16' 6" W I �` i . N \` cr)W ti, r r � ti w / -0800 ,. ARCEL I I a ''••... .-RyR°P- ry ;� LEASE22-OA9891.. o a (Port Managemen Agreemen 22-0 016) , �� / I O ---- ' O 13� 4800 6'09" iy - Toe ••_...... _ I�� i/ o l / I z ,`� `1J I I I I I ' r LEASE 22-OA2234 A' h °�k........../ - I LEASE 22-OA98 I..B.. / ,� / / I ,, 3eyA w 314. 67.58 N 3 .1 " $ 53.2 1 I 1 N78.57,05� W N 88`11'09" E 83`49'01 r 32 \ W e N 88`25'05" t1r e I I / �' .83 ,y J ry� i .. ._ . �'•%�' N 88'33'39' W o $' 1j 1�4liaer6pI 1 4 N . N893339'W .r ` ., r / 4 c> I `l /LEASE 22-OA989TD" 1 30 L d' r56.24 ii, . L / d= �� lip1LIJ ' arbor ;�F ------------ - -, - w ,, N I I Bock 1 • .iboaeew a; _ LEASE22-OA 891..E" � i / � I Lot 6 LEd'SL+ 22= �12234' __-- I ; co . r l a'5.60 !/l t�633" �E4SE i R' , t ' z rs eO� 4 $6 I I Lot 5 I 3 N r t ^ a 63' b Wd r, ' 9ps.6o l = •'°r 6q y 9' LOt 4 'I / na.d` tt oN r N ry Vi b/ �/+Lot 3 w 33' 7 O 1 b c4 m 1 "7 • / Gti < I j7 p 6'qs 1• I Lq t 2 �V Lot 1 2 Lo 0 of lI of r1 / �/ �`+ IEASE 22-OA9891'F" p, Na�3' V/J •53J9 1M1 "�j Z �%jI�/� 00 1�h/ "—d l S ads of Sic>�ne i I I r�oU�� i s rS wI a IW �' 11 .50 N Ico W "� l• ` LEASE - 91..C.. • ; i y . 4 11 lw #: .;.'ot l 3 �V a N 88` 636 •-1 BLOCK 13 "YiC': .+,�� silo {� $• '� "' ;.. i `� r 1' a Ci 2 I I I 1 s >t I i j 3 � � ��• �_. � � v. � $ .. �,/ I R 2.0 g989 �fl" Jb' Z I I I I I I No 2 Ise o I; 31 l I I I I I I ti l Ilse 1,Bn f t� o e l lTl Alltettde ?rUc�1eptt thg `3 is 5 1 rt� 0, - l10 Lrnt 59.97 y$i �+ cv of 4 Z ~ a 3�UOw f' I 66' i I N88`16'36"W w o �: 1`�r �,� S ,.ti q�� l r/ / Fyn a 4 l 9� i I I I I I � � 1 ,., •�, a I tr a� .S l � � / 33' I I I I I I I I I I ��I �e1 6 0\ � �- �°0 1. • �\ t� ry �� 69. Loth �9 3 oy Lot 2 a Lot 8 z11 6'�l F �� l�" 2 a° .Ba first dd 'tion to Sidney I _ iwlrl Lot 9 ^i a 51 a�A 9? ao olnn e page 10 of plats L I I I %V p z l 3 z I \ / Lot 1 >rz I �' I I I I a=--- l 3 / Exhibi howm 4c, E gg r3 I PO OF EMEKT01Vf P rt M a ent Agreement 22-080016 4 Blt- , g g "rS ��j3 I I I I 65I i 3�09� I i Lease u b s 2 A��3� and Lease Number 22-OA9891 as amended 2010 <>r I I I LOT 12 1 rbor Area and Shore and Tidelands of Sidney \, I <<,T„ AU�TOR S CERTIFICATE \ <<�r c I LOT 10 I I I 11 fronting �' I J Filed for record this Cal day of V'nCOgp \ 20tO at �l n portion of Block 13 �i •.-- 1` I / Section 26 Township 24N Range 1 East W.M. at the request and portion Ward C. Muller & Associates �� \ J- of Lyle R. Muller Un-Numbered Tract Licensed Land SurveyorsLan' of the �r • Boundary arya Development Planning 1 Shore and Tidelands of Sidney • Boundary and Lot Surveys Ir.• Subdivision and Platting B • Construction Surveyingf , F61ST��p 04LCounty Auditor` ( y' being' in portion of Government Lot 4 Over 50 years of Service to Kitsap and Olympic Peninsula OVAL LAND SURVEY NUMBER SW -NE 26-24-01-1-Opp(p SE -NE 26-24-01-1- DO1)� Section 26-1 Vwnship 24 North -Range 1 East W.M. 217 Sidney Avenue (360) 876-3443 Port Orchard, WA 98366 (360) 377-5951 ®copyright Z°°BWard c.Muller and Associates AUDITOR'S FILE NUMBER ?_0Q[)j01013j Booker Page Filedbook 405 and "X" Sheet 6 of 12 sheets Job 5272— Relx.xh.crirn in while rx parl hx personal use x resale is pr.hiMterl Iry law - �1c� DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF w za_o •}r r 1� O y o�� ooU bo Ad Kw ........... . \ V - •--•--._..... N w ( ~ M approximate \ �•-, o fu f ation Scale 1"=20' w z x z ap roate c 5 15 30 r -f .. �� ,, '"mod f f'. Nor 0 10 20 40 A A�6 `4R _ -,•..�28 5 '17� /�Caa A " 8c p�9�11 � n3 ;� S` 2 ---__ _ \ f I , `�j :• I Y. N 8�3823. N 87°31'Sj light a; f f ' , os, a et8 E p We (� \ rr rr 2tie` N6A `N 1 *�� f ', 3.99 WetVa°Wtr s 4. S F EAs -0 5 A f, . `WV �,�j t', \� /� •.: IV( ! i f. .f V', i �d.. �n ` (1, j . • .X ('•��` I �I - Y '3 �/ / I /I f f- •: f�n��t ` l ca ; FQG5ALESE22 OAI I I I i LU gal'* wer 1e \ 6, » /1 05 ---64_ par gn ' 20 ` I to s► 3 Ott Ff ..; N `0 ea`-. ^� '�, ' / -f 4 '• .f C ..f f Y f. V J ° lot\ hQ b1 :f: par us,' ncrete pile Jr J x liffbt , n Alnende concrete � � l� j� _� concrete_ pile aka o f �3 w borAYea .� �5 _ .I Lease No. XN !3 N EASE 2 B (CZ tPO22 ° - - 0/1 N 83°15 4 ape/ ' rd) `O�, I - Sri OG,• 6 11.95 cd R= 6.40 3 L = 12.99 " $ N 86°47 .5".. 'L• �; Z A= 116 1848 , ' ligh standard P x9" fl •• �3 1h w m I R= 4.90 �.44 a,�g -/,,' c \�/ �A• :� o L= 5.95 N78standar, OP� f .� -- ' G .• y �?�� ]1nner M I 92.63 e,� arb EASE 22-OA22351.C.. i 55.62 T 55.642 00 Exhibit ow2n " .. PO BhEMERTON v IN Lo 1 \ o 1 I or na ment Agreement 22-080016 ' 6611�' I ease Numbers 22-OA2235 C� � as amended �010 \ V �UDITOR'S CERTIFICATE - in Filed for record this day of f( c ps,Y,\ 20+6 at �:5_001 I Harbor Area fronting K= M Section 26 Township, .4N Range 1 East W.M. at the request . ti.•�°,' /ti f L le R. Muller �� I �. BlOClCS 11 and 1� Ward C. Muller & Associates o y of the Licensed Land Surveyors Shore and Tidelands of Sidney • Land Development Planning \ b a / • Boundaryand Lot Surveys`, `I , • Subdivision 38 n and Platting f BY being portion of • Construction Surveying'.. gyp, 4 county Auditor Government Lot 3 Over 50 year of Service to I{itsa and Olympic Ip GIST�� 5� Ye P ympic Peninsula N,9L LAND ` , 217 Sidney Avenue (360)876-3443 SURVEY NUMBER SW -NE 26-24-01-1-n00(o SE -NE 26-24-01-1- 000 l ,, _ Section 26-Township 24 North -Range 7 East W. M. Port Orchard, wnsa3s6 c360>377-5951 AUDITOR'S FILE NUMBER 0 0 135 Book `75 Page bh,IleiandAssociates ?, II 03 g Sheet o f 12 sheets J O b 5272 1 Filedbook 405 and "X" a�� b3 � �► DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF o _ Ncnbo qu 60 .00 1. �0) / tcy7 r � i Z I .O Scale 1 5 15 30 i 0 10 20 40 ; s oe 3 T _ V� - Rock ---- appr xim to • { { 11 I ation _ LEAsE—QA2235 E t t .• t { � a e C' % F, ` •. fi RR,, � x j l lJ7 i I { alp %;44 O, { { . 8.5 0 1 i 7 i 8 C0 ! gh Via. ,, °rlQ 4` 4 83b.14' a 74N s ®.' F• ;APj [� k - ation 9 5 :,. 03 {. {. Y. N 31' ood light — ------ ' 6� < ! * { f . o �. F- i X�(J { /. V WatBf C J r 5 "' — ,�,�e N h N , , • , 1 s, eterwj vwtop ` { �y 8 A {• N 88°11'23N W 9 f .N F I�h� Q3a /•r .'F._� �``� V i D 5, p ' ^ , f ��'tfs iMc1%k' N to, \`\ " \ r _ 1 er -6 V%O �arr/ r1. f . �� •sG�ete�f. V \\\ ��S `��` `iJ, O LJrL1� �a �a�a� 11 n II i <• f �```+of O� / L power 49 l0 , ` ► { S �'T�N 7°0520" -- 64 W NBoo -_- \\; par in Slgn ; sr "t F� �'• � <• _ - Lo Yy: t' : {'� gr fy�.� y ...to � ,?T. 1 i / L e d < • � as d� ed Harbor ?q p6ra LIF � 43 05 rn .. I. e ea 931 a " EASE 22 - OA 235 B 0. 2 (CitypPort2A. f ��o '` I s R= 6.40 L- 12.99 A= 116018'48" o- 69°36'09" 411X4" Exhibit Sho2Uin - light standard ... ... I R= 4.90 N 2.4q o l L = 5.95 �8 PO O BREMERTON #5 try Po M a ent Agreement 22-080016 Inner 92.63 ase Numbers 22-OA2235 , as amended 2010 A,r.DITOR'S CERTIFICATEin ...HarbO� Filed for record this 'D1 day'of Y�c eXN 201-0at 1 5 In It Harbor Area fronting ti g. U Blocks 11 and 1 Section 01 E W.M. at the request ti : •'oF , Ward C. Muller & Associates c of Lyle R. Muller of the Licensed Land Surveyors Shore and Tidelands of Sidney . Land Development Planning • Boundary and Lot Surveys : L1$ being portion 2oof O • Subdivision and Platting S 6 y: •Construction Surveying •• `r 30438 � County AUdI[Of Government Lot 3 `fro t��►StE��AyO Over 50years of Service to Kiteap and Olympic Peninsula L LAN9 Section 26-Township 24 North -Range 7 East W. M. 217 Sidney Avenue (360) 876-3443 SURVEY NUMBER SW -NE 26-24-01-1- DOD(o -NE 26-24-01-1-Coog- Port Orchard, WA 98366 (360) 377-5951 RAY''o.I�"'«�,�''�„n';°��Isp"&KMbyL AUDITOR'S FILE NUMBER ZW JD301 D �Book 15 Page Fiiedbook 405 and "x" Sheet 8 of 12 sheets J O b 5272 - 20��03o�0�3S - 75 - 59 - DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF N v� II I I11III1IIIIIIIIIII1Il fig � w LEASE 22-OA2235 E w to C y dipQ 33e 0 7 b U N 84�3�,0 Nigh 9 w N o a x .�' 4 L0 4, H a, 9 C / .`�• r `� \� �`�,�/ LOCO �' •I,i , ` s r 7.3 . Scale 1"=20' o 5 If-47 8 E 15 30 �2xs2 :r. .. *r • .p r �d 0 10 20 40 a� 4 , . ' ..a - r.E• � � r Ur•; �.. dard AR r •.0 •. �K W r ,. , alioq E i / . F bOO t2Q s • �a'dt 1 \ i�11 4% f dss A G�lt�' 101I r `• J �s t .-traLfl r r • s.. I .r • c gip: f• f �-- y fire M• vwty 6 vate - r . eter ' ., le ;•�; r r c? � `:oaf '- �. ssa v 6 6 lit standard 1 •r So Alt /V 9 6�� 8 n dss cre ¢ta o�cr fire h Brant f i h andard PtP Rip -Rap !' meter. et �.` t C)t r r r t ..... - • ' C` •rr "later C) 6, L,. ri �. r F •; i OQ d4'd concrete arri' r. O DO OLZ01:510 5 � 7 �, • water uh 9 — 62 • 00 r. 1v i ,• le r $dire h�dr�n \� lSank rn 4 r • �. ;: t -� -�_�; �. t �•��.. �, approximate r• r. gtd r r t cl c ^' 55.6 4s" x . f SSr ; •. ,:.✓, i CO/j , �M Y:.�•¢LQS. 0 2s5 ,y _ Q • L4 Q� r: r ' r DD o F v- V� "' Ln ' I _ t : " • c rya Y - t standard < * .. 63 e / • r• • • r. � r (ys . 4, 5. De , r, ►� � M ,�Gr po po LU a rt -� S�� • 4 ,o N oa ..Exhibit Showing PORT OF BREMERTON I Port Management Agreement 22-080016 r �w � ; F f • Lease Numbers 22-OA2234 and 22-OA2235 as amended 2010 : r f: • ' ., in.r < LEASE 22 A2234 .. h Harbor Area and Shore and Tidelands *_ I. .r- fronting Portion of Blocks 12 and 13 r• j -!k •. r t standard of the Shore and Tidelands of Sidney :. r • of : ; .r I • •,� being in AUDITOR'S CERTIF'ICA E_ or1 o Govenment a and Lots .� rr L rt p f Section 26-Township 24 North -Range 1 East W.M. Ward C. Muller & Associates Licensed Land Surveyors • Land Development Planning • Boundary and Lot Surveys • Subdivision and Platting • Construction Surveying Over 50 years or Service to Hitsap and Olympic Peninsula 217 Sidney Avenue (360) 876-3443 Port Orchard, WA 98366 (360) 377-5951 Zoos ward C wiler and Associates Enoin wAde a pat tw personal use ar resale Is p hdAed b- Law ?JF I U Filed for record this O1 day of K)C.pnh 20-f6 at 1: 5 in r r =• Section 2LTownshipo-q_Range 01 E W M. at the request I of Lyle R. Muller f l By: � I County Auditor SURVEY NUMBER SW W old- Z� IqE Z(oZg011 U�t y AUDITOR'S FILE NUMBER 0�1�'SOIO135 Book15 Page Filedbo4 405and•x" Sheet �9 of 12 sheets Ob 55272- 1 zo��o3o�o4i,5 �5• � DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF - Concrete Float cv KitsapTransit a Washing n Municipal Corporation ease Numb 22-002629 N o 4x Lu Concrete float y " „tea o 1�E�� eon w M N o Scale 1 =20 • 5 15 wz�....z f. 0 0 10 20 40 } f obN 88 c16'36 F. W < 175.00 1 1 .f- f ' .. � - � 2 1 tigO PMA 2-800 6 �:.' .. O t' U' ' PARCEL 3 o , �l f Rip. -Rap I O •._.....::............ or ana ement Agreement ��-0800Y 6 0 i w g 9' ate O 6 _.... ............._._ ht /V �f _ �---------Toe.... °� ,. 1 0. 4 5 1 2 - A22 4' A' Ib water.` - f --_Q( _� 9 �, eter� 11....----- _ - _ .. Roc-._t.. --------- etet . w ff t Vrwl hydran .. \� ba,�k m c �( on a < .f .. #' ' $_ # s7,J .. �, approximate 67.58 3D•1 I I 1 <• ` t<N f f: 88°11'09 3°4 t an a 5 2 High -- ---------------------- NWater Mean F.. f•.. F . �•� t •..;' ., 4� wN 0 W r� c3. f6 tt --M ��o,r,� . �,e� �.� N 88 25 05 Vl/' p� fI 1 t` Hof a 6 �a/'� t nr �2°�s SIN e` �, . • f N °33 9" W � to t f� f Qi f :. • •'r.. ,.:... < r tn, /,G� f f{ f V f :04:' f M �(y�f tF.. �� r.. f• `f <.f f !f i f Y .:f` x.' < r f �' I'`•y '< < r. f r f' M �Gr o n tsi` G�aS�t� N 88 33 39 W 156.24 �. f x -137.3 ��ru 4 �Ia f�. rbo y� li t tandard .i,t ,V I .'•♦*: •f..•' SM ..:f �"• t. r• f f C.Vtf%�ra..tGW� _ I �V — 4 4 •. ' LSE 22 A2234 FA ro. LEASE 2- 0A22 41.0 1 { 33 ot .. I Lot -� Exhibit Showin g ° ,� I o PO O BREMERTON �4 Ina ent Agreement 22-080016 I S �'L(�s o S2 ne �' .� ► I L e tubers 22oA2234, 22OA2235 '� o as amended 2010 tu. y .DI R'S CER FICATE • ° 1 in Harbor Area fronting k R• or record this _ ay of CA 20a•6 at �_�_in �' Lots 1 thru 8 Block 13 Section �6 Township 4N Range 1 East W.M. at the request "� I I ' Ward C. Muller & Associate �, of Lyle R. Muller of the y Licensed Land Surveyors Shore and Tidelands of Sidney I • Land Development Planning " • Boundary and Lot Surveys •t7 . ; being portion of • Subdivision and Platting 38 \ By: Government Lot 4 • Construction Surveying p: ' County Auditor Over 50 years of Service to Kitsap and Olympic Peninsula °N.�c LAND 5 Section 26-Township 24 North -Range 1 East W.M. 217 Sidney Avenue (360) 87633443 Orchard, Port Orchard, WA 98366 (360) 377-5951 SURVEY NUMBER SW -NE 26-24-01 -1 -DID (A SE -NE m-24-01-1- mg ` 2" Wa��",�,�d,w«�bp,.hes.nnyi" AUDITOR'S FILE NUMBER ?A�N=l i�3•� Book_PageFileabookao5and •x": Sheet 10 of 12 sheets Job 5272-1 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF /C yret0twalk `` f 4f,..� / aPprOXim - If 50 4428.1 p � i, LU O I I 1 977 6� �i / Scale 1 "=20' ' x wood li h tandard \' 5 15 30 p a [ ,9 9 11111111111111111111�a/ 0 9S 0 10 20 40 W 3 431 70,t 7 °rats°,� CY) ,\ / w i tandard R� 905 •60 I � l I W I O 65�, 4. Meal, I\ o o / wood lights OS, 6� ) Q � 70 t 1 / i N "dot A) /� LO / LO �` I - 1= l l l' M wood light st 6 4 8X� L© 0 t 1 I� N LEASE. I Lot c'�� l ' r W Is _ x� • 11 .50 I rr c� _ d LEASE - D 91 X t f G a cK 13,I _ 4. egncrefe i f f.. •' ' f: f' I A98 /0 � . v elV / e Ttide o i de apt ig Exhibit Showing _ I Aloe Y PORT OF BREMERTON I 4 z Lease Number 22-OA9891 as amended 2010 , in Lari �. i y 59.97 Un-Numbered Tract of Shore and Tidelands of Sidney o adjacent to and abutting_ _: � N 88 °16'36 " I � � w I _w a 1 1 a t5 Lots 1 thru 10, Block 1 of the I �• '0.1 N 0 Plat of Bay Street Addition to Port Orchard being portion of I 3 1 I o X, M W ''v � H • '4► W. Government Lot ,� co Q, f Section 26-Township 24 North -Range 1 East W.M. AUDITOR'S CERTIFICATE Filed for record this day of ( 204-6 at ►nV �j O % , Section 26 Township 24N Range 1 East W.M. at the request � 1�QJ1 6 0 Ward C. Muller & Associates of Lyle R. Muller' �, u., I Q� Licensed Land Surveyors kzi . Land Development Planning tf • Boundary and Lot Surveys d : CL' • J ty - Lre • Subdivision and Platting \ �/V-� n By: (y� I Lot V LDr • Construction Surveying fiIST�R�p �¢ County Auditor n ct- I N /—� !y Over 50 years of Service to iUteap and Olympic Peninsula 1°NAG ANC y T ./l t IC ti I \ ' J 217 Sidney Avenue (360) 876-3443 L SURVEY NUMBER SW -NE 26-24-01-1- �OU. SE -NE 26-24-01-1-000�j _ _ . •� Port Orchard, WA sass (sso) 377-5951 Sheet 11 0 12 sheets d O b 5 2 7 2 -1 °`O P-in009Nh/dCMuOKnaluseorresae5 AUDITOR'S FILE NUMBERZoII�IQI� Book Page Filedbook405and"x• f - R�rodic �n in whole a pat b personal u: a resale h prohibited by law DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF s!iaa is o 6VI a-Spil'6t 4009ui P911f PuV Z9Z060f jaqtunN._:... �: al?3 IMP,�apun pap.�ooa.t �iaruns uo umays sn auiaihs loaluoo of — — .� � --- — -- — • . �--, - _ oaf suo l�S loi;uoJ (NgVH) �sonzlaN faX venaad y%H µ , o saT ttta sR 8uluol rso tao aril �a sn Y .# ( d�) l S .l. d 1 �p p IN£SadN o `, O7 a, � '�. •vim. •�� „ • ati UPON tualsfiS alnu,p,�,� uol 21stiM uodn pasvq s%u,wag L 'r`y/y/�ly�• T M ITT T� O ! .. �/, {! t O `j •y .1 4 O. �O V .. PT r _-- �w Wh�l I M e9 N � 00� �� o � h: .�:,; •v T ,fj/�jL/.T Q' _ a `�- ,,, 19 N crirn� zro��a -, jao�� w N o era b 61/0 cWij ll o - - - - - - - - - 1. _--- ----------- _ � �; N � O. b •ail a N `Qi •�` cgs M 1 ��l T Itj1l � S,-rlp d alW - a �o z o �'L+ �� L t '9Ct Z� \ o �., 0 co , QQ o _ POZ d4YZI, - ulseq 9P'6 I is Sul ed 1 us, .lei , � u�ls l�aed °u S C, is 92 "t?05 3 „ PZ, i�o t N • � 3 All t�Zt �O t zr „ J lao ; o1.�a VZ zroa 81ao,�b o ura�8 0 �" 48s6 �� kra� V,, o o . S'O jaqurn ,� s Yd ` S10 Ogs6S -1aplr 11 l al cA. '��od o �j Wa blft' "Pl.lad s .roll ,�apzf grirn� a °' v� l�s Z b �bl — --- 3-- --- --- �vT�,, �J1� �� L y �/ Zl1J • � •. � o� ups � T* 5 t t 51 'L 8t� 15 x ap �5'L OZ r- zl C17o t N 3 ,, t�Z� Ot�o T N --- 'Z l l 9t- - - - - - - - - - - ap p r£ r ��' �, I o ll{� Zl £'too l N . N o Sr N i 't Showing N ti O' o O OF BREMERTON N _ O ^ L as 2 ber 22-OA9891 as amended 2010 W �� in °' �`�� - U ered Tract of Shore and Tidelands of Sidney AUDITORS CERTIFICATE t� _ �n adjacent to and abutting R Al Filed for record this _day of " 20f6 at 1 n Lots 1 thru 10, Block 1 Ward C. Muller & Associates y, . Section �6 Township ��N Range 1 East W.M. at the request of the Licensed Land Surveyors ,a : P of Lyle R. Muller • Land Development Planning Plat of Bay Street Addition to Port Orchard • Boundary and Lot Surveys .d ` being 'portion of • Subdivision and Platting . Construction Surveying 38 : �► By. Government Lot 4Over 50 years of Service to Kitsap and Olympic Peninsula County UCi ItOf f &tsT� slte �aso� 8,6_a44a J 21, ,dneynven�N�L L�� 5 Section 26-Township 24 North -Range 1 East W.M. Port Orchard, wn sass t360> 377-5s5i SURVEY NUMBER SW -NE 26-24-01-1- RISE -NE 26-`24-01-1- b00cl m copya zoos ward G nMdler and Assoc )xn i p,.h6""'�l-" AUDITOR'S FILE NUMBER2QJ a3J*ka5 Book Page Sheet 12 of 12 sheets Job 5272-1 Filedbook 405 and "X" zoo\o3G0�35 75•�c3 DocuSign Envelope ID: 49FE8D86-CE7D-40EE-B7B1-D2B49A5DBBEF 9290042 09/29/2011 10.00.37 AM Page 33 of 33 EXHIBIT B PLAN OF OPERATION AND MAINTENANCE 1. DESCRIPTION OF THE PERMITTED USE A. Existing Facilities. The Lease area consists of historically fille i e currently used as parking area, public access, utilities, and uppo structures. The Lease area includes a rock bulkhead, the p is a e board lk, and small portions of two buildings. There are water -de a ent use ate d of the bulkhead. For rent calculation purposes, the bulkhea ' ter - dependent landward of the high water mark. Only n e public access boardwalk is eligible for no fee use. B. Proposed Facilities. No changes to th' infras c r e proposed under this Lease. 2. ADDITIONAL OBLIGATIONS A. Upland Operations (histor' Iy filled tide an . The current operations and maintenance of the parking ar getated buffers, and boardwalk structure are to be conducted using best professio figment. The Port will conduct reasonable maintenance to avoid exce Me 1 st ' 1 on surfaces and to control garbage or wind-blown debris. Spec 'f at e ti is o be paid to water quality resulting from refinishing surfac� No o t ina are to enter the receiving waters as a result of operations or mai ante to water runoff is to be conveyed via a permitted municipal st at stem. Specific Best Management Practices (BMPs) can be in th t recent version of the Washington State Department of ology mwater Management Manual for Western Washi n B. pai Reconstruction. O ead. y major repairs to the rock bulkhead requiring a shoreline ermor involving more than ten (10) cubic yards of material must be a rove y the State in writing prior to construction. Emergency repairs m conducted with verbal approval of the State. Any reconfiguration the bulkhead will be reviewed by the State in regard to biological and vironmental impacts and must be approved in writing. oardwalk. Any major repairs to the boardwalk structure must be approved in writing by the State. The State may require materials and design modifications to avoid or reduce impacts to water quality or to reduce shading impacts. Treated wood may not be used in areas in direct contact with marine waters. Port oernerton Page 33 of 33 Aquatic Lands Lease No. 22-BO2235 WestInd Port Orchard