HomeMy WebLinkAbout002-84 - Department of Natural Resources - Contract53'l- Su, 6
c E r C E... IE'J
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
BRIAN J. BOYLE
Commissioner of Public Lands
Olympia, Washington 98504
WASTE OUTFALL LEASE NO. 22-002592
1AL
o�I _
8= rA r<Z,if,E
? L 1&S
BY THIS LEASE, by and between the STATE OF WASHINGTON, acting by and through the
Department of Natural Resources, hereinafter called the Lessor, and CITY OF PORT ORCHARD,
hereinafter called the Lessee, the Lessor leases to the Lessee on the terms and conditions
as hereinafter set forth -the following described tract or parcel of state land situate in
=.Kitsap County, Washington, to wit:
That portion of the harbor area and bed of Sinclair Inlet, owned by the State of
Washington, situate in front of Section 25, Township 24 North, Range 1 East, W.M., more
particularly described as follows:
Commencing at the East 1/4 corner of Section 25, Township 24 North, Range 1 East,
W.M., Kitsap County, thence North 1° 15' 24" East along the east line of said Section 25,
1,991.03 feet, thence North 88' 44' 36" West 861.63 feet, thence North 8° 34' 04" East
51.11 feet to the true point of beginning, said lease parcel being 10 feet on each side of
the following described centerline, thence North 0° 19' 00" East 722.00 feet to the inner
harbor line, thence continuing NortZh 0° 19' 00" East 495.90 feet, thence North 15` 00' 13"
East 108.80 feet to the outer harbor line, thence continuing North 15° 00' 13" East 404.92
feet and terminus thereof, as shown on the attached Exhibit A; subject to Easement
No. 36694 granted to Cascade Natural Gas Corporation on April 5, 1973 for a submarine cable
right of way; also, subject to future needs of Washington's Veterans' Home in accordance
with chapter 183, Session Laws of 1909.
SECTION 1 OCCUPANCY
1.1 Term. This lease shall commence on the 1st day of January, 1984, and continue to the
1st day of January, 2014, or so long as Lessee holds a valid waste discharge permit,
whichever period is less.
1.2 Renewal. The Lessee shall have the right to renew this lease provided the Lessor
finds renewal not to be adverse to the public interest.
SECTION 2 USE OF PREMISES
2.1 Permitted Use. The Lessee shall have use of the premises for:
1. Installation, operation and maintenance of a waste outfall.
2. No improvements other than those shown on the approved exhibits on file in lease
file no. 22-002592 will be placed or constructed on the premises without written consent
of the Lessor.
SECTION 3 PAYMENT
1
3.1 Rental. Annual base rental in the amount of $224.68 is due and payable in advance to
the Lessor for the first year and thereafter the annual rental shall not be charged, per
RCW 79.90.470, unless changed by subsequent legislation. However, the state may charge
for resource withdrawal if the city releases effluent which violates Department of Ecolo;y
and/or Department of Social and Health Services standards and damages the marine
resources.
3.2 Leasehold Tax. The Lessee shall pay to the Lessor at Olympia, Washington 98504, the
leasehold tax, if applicable, as set forth in chapter 61, Laws of 1976, 2nd Ex. Sess., or
as may be amended. The tax shall be due and payable at the same time the rental charged
-I-
herein is due and payable. F-lure to pay said tax when due ano payable shall be con-
sidered a breach of the provisions of this lease and the Lessor shall be entitled to all
remedies they are entitled to by law, and the remedies provided herein for a breach of a
provision of this lease. Any delinquent taxes shall be a debt to the Lessor and in the
event the Lessor is subject to any penalties or interest because of the failure of the
Lessee to pay such taxes, such penalties and interest shall be payable by the Lessee to
the Lessor and shall be considered a debt to the Lessor. In the event the Lessor suffers
any costs of whatsoever nature, including attorney fees, or other costs of litigation in
collecting said tax, such costs shall be payable by the Lessee and shall be considered a
debt due and owing to the Lessor by the Lessee.
SECTION 4 RESERVATIONS
,j
4.1 Entry. The Lessor shall have access to the premises at all reasonable times for the
purpose of securing compliance with the terms and conditions of this lease.
4.2 Access. The Lessor reserves the right to grant easements and other land uses on the
premises to itself and others when the easement or other land uses applied for will not
unduly interfere with the use to which the Lessee is putting the premises or interfere
unduly with the approved plan of development for the premises. No easement or other land
uses shall be granted until damages to the leasehold shall first have been ascertained by
the Lessor and paid to the Lessee by the applicant for the easement or other land use.
4.3 Restrictions -on Use. In connection with use of the premises, the Lessee shall:
1 Conform to applicable laws and regulations of any public authority affecting the
premises and the use thereof and correct at the Lessee's own expense any failure of
compliance created through the Lessee's fault or by reason of the Lessee's use.
(2) Remove no valuable material without prior written consent of the Lessor.
(3) Not fill or cause to be filled any of the lands covered by this lease, except in
connection with the installation, operation and maintenance of the waste outfall such
filling and dredging as is found necessary shall be permitted.
(4) Upon violation of any condition of this lease by the Lessee, the Lessor may,
within 30 days' notice, cancel the lease and any rights the Lessee may have thereunder.
4.4 Removal of Improvements. If requested by the Lessor, within six months after the date
of termination of this lease or within such longer period designated by the Lessor, the
Lessee shall cause to be removed at his own -expense all improvements placed on the land as
provided for in this lease. In those cases where such action is not taken by the Lessee,
the Lessor may remove the improvements charging said Lessee for the full cost of the
removal and disposal.
SECTION 5 REQUIREMENTS
5.1 Assignment and Sublease. This lease or any portion thereof may not be assigned nor
may the 1ands held hereunder be sublet without the written consent of the Lessor.
5.2 Maintenance.11'
The Lessee, at his sole cost and expense, shall at all times keep or cause all
improvements (regardless of ownership) to be kept in as good condition and repair as
originally constructed or as hereafter put, except for reasonable current wear and tear.
(2) The Lessee shall not allow debris or refuse to accumulate on the leased
premises, caused either by himself, or any person authorized on the premises by the
Lessee. Failure to comply with this provision shall be cause to permit the Lessor to
remove the debris and refuse and collect the cost of such removal from the Lessee and/or
cancel this lease.
`22-002592
-2-
STATE OF )
ss
COUNTY OF )
On this
,t .
personally appeared
ay of
CERTIFICATE OF
CORPORATE ACKNOWLEDGMENT
19 , before me
to me known to be the
of the corporation that executed the within and foregoing instrument and acknowledged
said instrument to be the free and voluntary act and deed of the corporation, for the
uses and purposes therein mentioned, and on oath stated that (he was) (they were)
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year.first above written.
Notary Public in and for the State of
residing at
i
22-002592
a
5.3 Condition of Premises and Liability. The premises have been inspected by the Lessee
and are accepted in their present condition. Lessee agrees to defend and hold the Lessor
harmless from any and all claims suffered or alleged to be suffered on the premises or
arising out of operations on the premises.
P
The Lessee expressly agrees to all covenants herein and binds himself for the payment
hereinbefore specified.
Executed this
day of , 19
Signed this __/f day of
�22-002592
27PL1 40
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
• J 1 L(ll\1\J,
�\'_I
upervisor
19 026 .
CITY OF PORT ORCHARD
PO Box 186
Port Orchard, WA 98366
r- E.VD
ourpu
o�^ EXHIBIT A
oc1TER NARSoR UNE
\ \ \
\ AJARBOR AREA
RESERVED fOR / / �` •\ \
VbTERANS 140 YYY v
j STATE OWNED \ o
�l NA460Q AREA �
Ll / Exr;rlMG/ LOW \ \
A[ATGf��LLY__ : t
/ \ � W
j \
t �
,% / Nee• �!' aB"� � d
INNER j_ AKDO?
f:
NATURAL GA4 \ 1 0
Yi GA7NOD/c A4LALOWE_
WATEX EL2.. o
G' i LOWN
PROTECTION CAALE / O Z �
s
40
NOTE:
PROPOSED LEASE AREA IS 10.' EACH
SIDE OF OUTFALL CENTER LINE
/: / /S�/ 1
` PRfVATE TIDE LANDS Uj
EXTREAIG NlGN ' I �\s� /
WATER EL. Jay. /
�l / f / At57.3!' S7'W
277.40
fANQGR CORNER
0T 8 3 Bs_ — - NM204, 463.05
BEGIN CLIMALL BAY 1TREGT/ `
Alzo4.639.46
PORT ORCHARD SEWAGE TREATMENT E/360,7C 69 �•
PLANT SUP_
WASH/NGTON STREET
m
1LC/NO/S STREET
w
•v
U 1n
h n
h
o_ a`
O`
2
E '14 CORNER
SEC 25 7MV R!E
N 202 �'S90. O1
—•-25 30—•—