003-72 - State of WA DNR - Contract,�-/ Y. y 0 )A
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
BERT L. COLE, Commissioner of Public Lands
LEASE AND BOND OF HARBOR AREAS
APPLICATION NO. HA 2242
STATE OF WASHINGTON, COUNTY OF THURSTON, ss.
LEASE NO. HA 2242
THIS INDENTURE, Made this —mod_ day of June , A. D., 1972 ,
by and between the STATE OF WASHINGTON, party of the first part, Lessor, and
Lessee
CITY OF PORT ORCHARD
part y__ of the second part,
WITNESSETH, That the State of Washington, Lessor, does hereby lease, demise and
let unto said part_ of the second part the following described harbor area, situate in
the State of Washington, County of 1Citsa , to wlt:
The harbor area lying in front of Blocks 12 and 13, Orchard, Frederick,
and Sidney Streets, Sidney (now Port Orchard) Tide Lands, said Blocks 12 and
13 being in front of Blocks 12 and 13, Original Plat of Sidney, being bounded
by the inner harbor line, a line running parallel with and 200 feet northerly
of said inner harbor line, the west line of Orchard Street, and the east line
of Sidney Street, both produced to and across the harbor area to said line
running parallel with the inner harbor line, as shown on the official maps of
Sidney (now Port Orchard) Tide Lands, on file in the office of the Commissioner
of Public Lands at Olympia, Washington.
Subject, however, to easements for rights of way for treatment plant and
city street granted to the City of Port Orchard on November 24, 1961 and
December 7, 1966 under Application Nos. 27367 and 315511, respectively.
To have and to hold for the term of ten (10) years from the date of this
instrument, for the purpose of building and maintaining upon the above described harbor
area, wharves, docks and other structures for the convenience of navigation and commerce.
This lease is executed in consideration of the covenants herein contained and of
the payment
annually in
advance
of
the amount of
$ 448.50
_ which represents
six (6)
per cent
of the
true
value of $_
_7475.0p
of the harbor area for the
first five-year period of the ten (IQ) year lease in accordance with the provisions
M
of Chapter 97, Laws of 1969, lst Ex. Sess., as now existing or as hereafter amended.
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The Department of Natural Resources, at the end of the first five (5) year
period, from the date hereof and at the end of each subsequent five (5) year period of
the lease term shall determine the true value in money of the herein described harbor
area, exclusive of the improvements thereon unless the improvements are state owned in
which case they shall be included, which value shall be the value at which the property
would be taken in payment of a just debt from a solvent debtor and such valuation shall
be utilized in the computation of rental for the five (5) year period following.
The State of Washington shall have the right to regulate, either under rules
established by the Department of Natural Resources, or by legislative enactment, or by
both methods, maintenance and design requirements of all improvements, the rates of
wharfage, dockage and other tolls, to be imposed by the Lessee upon commerce for any
of the purposes for which said leased harbor area may be used, and to change such regula-
tions and rates from time to time, and the right to prevent by such means and in such
manner as it may adopt, extortion, discrimination, unequal or exclusive privileges, and to
cancel this lease for the violation of any law, rule, regulation or order governing the
same.
The State of Washington shall have the power by the Department of Natural 4
Resources to terminate this lease upon a breach of any of its conditions by the Lessee
or for the failure or refusal of the said Lessee to erect, within a reasonable time
hereafter, and continuously to operate and maintain in and upon the above described harbor
area the wharves, buildings or other structures described and represented in the exhibits
of improvements proposed to be erected therein by said Lessee which have heretofore
been filed with the Department of Natural Resources, or as altered with the consent and
approval of said Department entered upon its' records.
Upon expiration or termination of this lease without renewal or re -lease by the
Lessee of any portion of the harbor area described herein containing improvements, all such
improvements shall belong to the State.
The State of Washington reserves unto itself, port district, county, city or other
public agency in the territory where the portion of the harbor area described in this lease
is located, the right to assume and thereafter hold this lease upon acquirement of the
tidelands contiguous thereto and fronting thereon, without any value for said lease except
for improvements thereon.
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The Lessee shall not make or suffer to be made any artificial filling
in of said leased area or any deposit of rock, earth, ballast, refuse, garbage or other
matter within such area, except as provided by law or as approved in writing by the
Department of Natural Resources.
if the said Lessee shall fail to pay to the State the rental hereinbefore
provided on the date when the same is due, or within sixty days thereafter, the Department
of Natural Resources may declare this lease terminated and all rights or claims of the
said Lessee under this lease in and to the said area or in or to any improvement
therein or thereon, shall immediately thereupon vest in the State of Washington.
The Lessee herein shall not sub -let or assign the whole or any part of
said leased area except upon the written permission of the Department of Natural Resources.
All the conditions and covenants set forth in this indenture are declared to
be of the essence of the contract, and a breach of any one is a breach of the whole.
Executed in duplicate this day of - r,r f A. D., 19
STATE OF WASHINGTON
DEPARTMENT) OF NATURAL RESOURCES
By
PERTA. COLE
Commissioner of Public Lands
Administrator
CITY OF PORT ORCHARD
B
By _.
Lessee
P. 0. Address P. 0. Box 186
Port Orchard, WA
98366
App. No. 2242
1C
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