050-24 - Pontoon 1 Investments, LLC - Contract Amendment 1K�TSAP cOuryTy
WASMINGi0H
Meeting Date:
Agenda Item No:
Kitsap County Board of Commissioners
Office/Department: Prosecutor
Staff Contact: Alan Miles
Agenda Item Title: KC-541-20-A - City of Port Orchard - Prosecuting Attorney's Family
Support Division Lease Amendment
Recommended Action: Approve First Amendment to Commercial lease with City of Port Orchard
for the continued operation of the Prosecuting Attorney's Family Support Division at 730 Prospect
Street, Port Orchard.
Summary:
Since October 1995, the Prosecuting Attorney's Family Support Division has leased
the premises at 730 Prospect Street in Port Orchard for its operations. As with
other costs associated with providing Family Support services, the lease
payments are fully reimbursed by the State. The current lease covers the time
period 2021-25. In 2024, the City of Port Orchard purchased the property from
the private landlord and assumed the lease. The City wishes to continue the
lease on its current terms but would like to use up to eight of the parking stalls
for City -owned vehicles. The City at its own expense will install signage and
mark the spaces. The parties have begun the process of negotiating a new
lease to take effect on January 1, 2026 and the City has pledged to take this
use into account in setting the rent under the new lease.
Attachments:
First Amendment to Commercial Lease
Fiscal Impact for this Specific Action
Expenditure required for this specific action:
$0
Related Revenue for this specific action:
$0
Cost Savings for this specific action:
N/A
Net Fiscal Impact:
N/A
Source of Funds:
N/A
Fiscal Impact for Total
Project
Project Costs:
Project Costs Savings:
Project Related Revenue:
Project Net Total:
Office/Departmental Review
& Coordination
Office/Department
Elected Official/Department Director
Prosecutor
Alan L. Miles
Contract Information
Contract Number
Date Original Contract
or Amendment
Approved
Amount of Original
Contract Amendment
Total Amount of
Amended Contract
KC-541-20
12/14/2020
$475,800.00
KC-541-20-A
Pending
$0
$475,800.00
x�TSAP COUryfy
WASMING10
Kitsap County
CONTRACT REVIEW SHEET
(Chapter 3.56 KCC)
A.
CONTRACT INFORMATION (for Contract Signing Authority, see KCC 3.56.075)
1. Contractor City of Port Orchard
2. Purpose Amendment to Prosecuting Attorney's Family Support Division Lease
3. Contract Amount N/A Disburse Receive
4. Contract Term January 1, 2025 through December 31, 2025
5. Contract Administrator Alan Miles Phone 360-337-7223
6. Contract Control No. KC-541-20-A
7. Fund Name Kitsap Prosecutor/Child Support Division
8. Grant Funded Yes No X
9. Accounting Worktag / Revenue, Spend Category, or Grant 9082.5453
Approved: Date
Department Director/Elected Official
B.
AUDITOR — Funding Review
1. 1 X jApproved Not Approved
Reviewer Christopher Ferranti Date 1/24/2025
2. Comments: Zero -dollar amendment
C.
ADMINISTRATIVE SERVICES DEPARTMENT — Risk Manager Review
1. X Approved Not Approved
Reviewer Timothy M. Perez Date 1/28/2025
2. Comments: Amendment Only
D.
ADMINISTRATIVE SERVICES DEPARTMENT — Budget Manager Review
1. X Approved Not Approved
Reviewer Melissa Melloy Date 1/24/2025
2. Comments:
E.
HUMAN RESOURCES — Human Resources Director Review
Signature only required if union or employment contract
1. Approved Not Approved
Reviewer Date
2. Comments:
F.
INFORMATION SERVICES — Information Services Director Review
Signature only required if technology contract
1. Approved Not Approved
Reviewer Date
2. Comments:
G.
PROSECUTING ATTORNEY
1. 1 X Approved as to Form Not Approved as to Form
Reviewer Alan L. Miles Date 2025-01-22
2. Comments:
Date Approved by Authorized Contract Signer: Alan L. Miles
RETURN SIGNED ORIGINALS TO:
Date
Laurie A. Hughes, MS-35A, x-7089
[KC-541-20-A City of Port Orchard - Prosecuting Attorney's Family Support Division Lease.pdfl
Docusign Envelope ID: 8C7B93A8-6121-4933-A727-ADAD73BOF722
KC-541-20-A
FIRST AMENDMENT TO COMMERCIAL LEASE AGREEMENT
City Contract No. 050-24
This First Amendment of Commercial Lease Agreement ("First Amendment") is entered into by and
between the City of Port Orchard, a Washington municipal corporation, as successor in interest to
Pontoon 1 Investments, LLC via an Assignment and Assumption Agreement dated May 20, 2024
("Lessor"), and Kitsap County, a municipal corporation and political subdivision of the State of
Washington ("Lessee"), under a Commercial Lease Agreement ("Lease"), dated January 1, 2021, by and
between the parties hereto.
RECITALS
A. Lessor purchased the real property located at 730 Prospect Street, Port Orchard, Washington
98366 (the "Premises"), legally described as set forth on the attached Exhibit A, in 2023, subject
to an existing Lease between Lessee and the previous owner of the Premises, with an expiration
date of December 31, 2025.
B. Lessor's assumption of the Lease was effectuated upon the closing of Lessor's purchase of the
Premises.
C. Lessor desires to utilize parking on the Premises for City employees, and Tenant agrees to amend
the Lease to permit limited use of parking, in accordance with the terms and conditions contained
herein.
D. The Lease is in full force and effect, and the parties intend for the changes set forth herein to take
effect on January 1, 2025 ("Lease Amendment Effective Date").
E. Except as may be expressly provided otherwise in this First Amendment, capitalized terms in this
First Amendment have the meaning given such terms in the Lease.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
Amendments.
1.1 Section 2. Use of Premises is amended by adding the following provision to the end of this
section:
Section 2.A. Lessor's Use of Parking.
The Lessor shall have exclusive rights to utilize six (6) existing, designated parking stalls,
currently identified as stalls seven (7) through twelve (12) and depicted on Exhibit B hereto and
incorporated herein by this reference. In addition to the existing six (6) stalls, Lessor shall be
entitled to add two (2) new stalls on the Premises designated as stalls twenty (20) and twenty-one
(2 1) as depicted on Exhibit B, and shall have exclusive rights to utilize these two stalls. Lessor
shall have the non-exclusive rights of ingress and egress over and across the driveway(s) and
parking lot to access and utilize the two (2) new and six (6) existing parking stalls.
Docusign Envelope ID: 8C7B93A8-6121-4933-A727-ADAD73BOF722
Lessor shall install signage and make pavement markings to identify these eight (8) stalls as
exclusively for City staff use (which requires a City -issued parking permit), to be enforced by
City Parking Enforcement Staff consistent with the Port Orchard Municipal Code.
Lessor agrees to identify the remaining spots in the parking lot as designated for "Kitsap County
Family Support" for Lessee's exclusive use.
Lessee shall not be responsible for any loss, damage, or theft of any property left in any
authorized vehicles in the City parking stalls, nor shall Lessee be responsible for any loss,
damage, or theft of any authorized vehicle in the City parking stalls.
Lessee may revoke the rights afforded to Lessor under this Section 2.A. upon thirty (30) days
written notice to the Lessor.
1.2 Section 19. Indemnity by Lessee is replaced with the following:
Section 19. Indemnification
Each party agrees to defend, indemnify, and hold harmless the other party and its elected and
appointed officials, officers, employees and agents against all claims, losses, damages, suits and
expenses, including reasonable attorneys' fees and costs, to the extent they arise out of, or result
from, the negligence or willful misconduct of the indemnitor or its elected or appointed officials,
officers, employees and agents in the perfonnance of this lease. The indemnitor's duty to defend,
indemnify, and hold harmless extends to claims by the elected or appointed officials, officers,
employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor. The
indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of
Washington solely for the purposes of this provision and acknowledges that this waiver was
mutually negotiated. This provision shall survive the expiration or termination of this lease.
2. Lease Recording. Either party may from time to time at its own expense record (a) the Lease
and/or any amendment to it or (b) a Memorandum of Lease.
3. Entire Amendment. This First Amendment sets forth the entire agreement of the parties with
respect to the subject matter set forth herein and may not be modified other than by an agreement in
writing signed by the parties hereto or their respective successors and interests.
4. Acknowledgment. Went. The parties hereto each acknowledge that except as expressly modified by this
First Amendment, all the terms and conditions of the Lease remain unchanged and are in full
force and effect and enforceable in accordance with their terms. In the event of a conflict between
the Lease and this First Amendment, the terms and provisions of this First Amendment control.
[Signatures follow on next page]
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LESSOR:
CIT 4WRT ORCHARD
By. deb P4aAWSM
Robert Putaansuu, Mayor
Date: 1/29/202S
�bv:
R54B6 seals..
Brandy Wallace, MMC, City Clerk
LESSEE:
KITSAP COUNTY
BOARD OF COUNTY COMMISSIONERS
KAV COUNTY, WASPWGTpN
CHRISTINE ROLFES, Chair
ORAN .�/0 T, issioner
KATHERINE T. WALTERS, Commissioner
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10.14 21 11
PART OF LOTS 12 AND 13, BLOCK 15, PLAT OF SIDNEY DESCRIBED AS FOLLOWS:
BEGINNING 100 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 12, TIIENCE EAST
PARALLEL TO THE SOUTH LINE OF SAID LOT 37.98 FEET; THENCE NORTH 23°EAST 98. 79
FEET, MORE OR LESS, TO THE NORTHERLY LINE OF LOT 13; THENCE NORTHWESTERLY
ALONG THE NORTHERLY LINE OF SAID LOTS 12 AND 13, A DISTANCE OF 42.77 FEET TO THE
NORTHWEST CORNER OF LOT 12; THENCE SOUTH 22 1/2' WEST ALONG THE WESTERLY
LINE OF LOT 12, 95.19 FEET; THENCE SOUTH ALONG TIIB WEST LINE OF LOT 12, TO THE
PLACE OF BEGINNING, KITSAP COUNTY, WASHINGTON; ALSO LOT 6, BLOCK 15, S.M.
STEVEN'S TOWN PLAT OF SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 1 OF
PLATS, PAGE 1, 1N KITSAP COUNTY, WASHINGTON; ALSO THE EASTERLY 10 FEET OF LOT
5, BLOCK 15, S.M. STEVEN'S TOWN PLAT OF SIDNEY AS PER PLAT RECORDED IN VOLUME
1 OF PLATS ON PAGE 1, RECORDS OF KITSAP COUNTY AS MEASURED ALONG THE NORTH
LINE THEREOF. ALL SITUATE IN KITSAP COUNTY, WASHINGTON.
4
RCC-541-20-A City of Port Orchard - Prosecutuig Attorney's Fan-& Support Division Lease.pdfl
Docusign Envelope ID: 8C7B93A8-6121-4933-A727-ADAD73BOF722
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