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01/09/1992 - MinutesPUBLIC WORKS DEPARTMENT 9 January 1992 TO: Public Property Committee FM: City Enginee RE: Committee Minutes On 9 January 1992, the Committee held a breakfast meeting at the family Pancake House to discuss Committee business. Members present were Carolyn Powers, Jack Grable and Jesse Smith. Also present was Larry Curles. The Committee discussed the acquisition of the garage next to City Hall. The appraisal has been completed and the costs are as shown: APPRAISED VALUE: $78,000 ASSESSED VALUE: $95,000 Cost Approach: $ 75,800 Income Approach: 73,600 Market Approach: 84,600 In 1982, the property was purchased for $95,000, according to County records. The Committee recommends that the City should offer the appraised value to the owner. If the offer is refused, then the City can respond to a counter offer or terminate negotiations. The Committee discussed the RV park and the need for a permitting system. It was noted that the Council is not getting the written reports from the Police that it requested. The Committee has directed an ordinance be drafted establishing a means to have campers get a permit and pay $3 per night. That draft ordinance would then be submitted to the Council and Committee for consideration. The Committee discussed the former landfill site. The Engineer advised the Committee that several things are happening at this time. RV Associates are constructing the new offices on their property. Callisons is buying a portion of the RV land in order to move their business to that site. The gravel road is constructed and the road will have to be paved by February 1994 by RV. Puget Power and Cascade Natural Gas are needing easements to lay utilities in the new road. The road is on City property and is not dedicated right of way. The Olympic Landfill will be needing a recycling facility and composting facility. They intend to place it near their landfill, but they are aware that we have the potential to serve them. The Committee is of the opinion that the City should wait until the area's development is further along before the City would consider any specific marketing effort for its property. The lease for the spay/neuter clinic was reviewed. The topic needs to be resolved. The Engineer will verify that Dr Christman still wants to lease the land and will also advise Mrs Barringer that the issue is again under discussion. An executive session should be scheduled to verify the terms of the lease and the proposed rent/duration. The industrial park at the airport charges $160 per month, as per Jack Addington. The County is continuing with the purchase of Givens School. There is a possibility that the building will be ready for tenants in 1992. This may affect the City and library. The Port of Bremerton is having second thoughts about developing the corner of Arnold and Lawrence as a commercial parking lot. There may be a possibility that the City could obtain ownership of this property and use it for a community benefit, such as a parking lot on a smaller scale or a park area. The City Engineer will begin the design of the landscaping for Lots 3 and 4. Included in the design will be improving the hillside along Bay Street. The City Engineer will prepare some preliminary drawings for the development of the Bruckart property on Seattle Street. With these drawings, the Committee will then discuss with Mrs Bruckart the possible donation of the property to the City. cc Council Police Treas REAL PROPERTY LEASE AGREEMENT THIS LEASE is made and executed , 1991, by and between the municipal corporation and existing under Washington, herein referred to ,herein referred to I. on the day of CITY OF PORT ORCHARD, a the laws of the State of as LESSOR, and as LESSEE. DEMISE AND DESCRIPTION OF PREMISES For and in consideration of the mutual covenants hereinafter contained, Lessor does hereby agree to lease, let and demise unto the Lessee the following property: Commencing at the NE corner of the SE 1/4, SW 1/4 of Section 34, Township 24 N, Range 1 E, W.M.; thence S 0*52134"W 20 feet more or less to the north line of Old Clifton Road, a City street; Thence Southwesterly along the Northerly right-of-way line of said street 550 feet more or less to the west margin of the unnamed city street which is the True Point of Beginning: Thence N 0*52134"E 100 feet; thence N 88*17"11"W 150 feet; thence S 0*52'34"W 150 feet to the north margin of the City access road to the former landfill; thence along the said north margin to the True Point of Beginning. II. The term of this lease shall be until , if not sooner terminated in the manner provided in Section III. The rent shall be Rental and tax payments shall be payable in full, without deductions, on or before the fifteenth day of each month. In addition to the above rent, the Lessee shall pay any leasehold tax. IV. The use of this property shall be limited to the operation of a spay/neuter clinic. The Lessee shall not operate an animal shelter on the premises or allow animals to remain overnight on the property. Page Oof 4 Lessee agrees to maintain the above described real property during the term of this lease and shall be responsible for the maintenance and upkeep of the area at all times. At the termination of the lease, the Lessee shall remove all buildings and/or improvements from the property. Thirty days after the lease termination, all buildings and/or improvements on the leased premises shall become the property of the Lessor. The Lessee shall reimburse the Lessor for any and all costs associated with the disposal of said buildings and/or improvements. V. The location of this real property is in the vicinity of a former sanitary landfill. If at any time, the Lessor notifies, in writing, the Lessee that the property has to be vacated due to an unsafe condition, the Lessee and any sub -lessee shall vacate the property immediately. The monthly rent shall be adjusted on a pro- rata basis. VI. Lessor shall not be liable for any loss, damage or injury of any kind to any person or property arising from any use of the leased premises or any part thereof, or caused by or arising from any act or omission of Lessee or any of its agents, employees, licenses or invitees or by or from any accident on the leased premises or any fire or other casualty thereon or occasioned by the failure of Lessee to maintain said premises or to cause the same to be maintained in safe condition or by any nuisance made or suffered thereon, or arising from any other cause whatsoever. Lessee, as a material part of the consideration of this lease, hereby waives all claims and demands against Lessor and hereby indemnifies and agrees to hold Lessor entirely free and harmless from all liability for costs of other persons for any such loss, damage or injury, together with all costs, reasonable attorney fees and expenses arising therefrom. VII. Lessee shall not sublease, assign or transfer this lease or any interest herein, without prior written consent of Lessor, and a consent to sublease or assignment shall not be deemed to be a consent to any subsequent subleases or assignments. Any such sublease or assignment without such consent shall be void, and, shall, at the option of the Lessor, terminate this lease. Lease Agreement Page 1 of 3 VIII. In the event the Lessee shall fail to keep and perform any of the covenants and agreements herein contained including the payment of rent, Lessor may terminate this lease by giving written notification to Lessee. Lessee shall not be deemed to be in default of the covenants and agreements hereunder unless Lessor shall first give to Lessee five (5) calendar days written notice of such default, and Lessee fails to cure such default within the five (5) day period. In the event of any such lease termination, Lessor in addition to the other rights and remedies it may have, shall have immediate right of reentry and may remove all persons and property from the premises. Either party may terminate this lease with written notification to the other party. The written notification shall be received by the other party a minimum of thirty (30) calendar days before the proposed termination date. IX. The waiver by Lessor of, or the failure of Lessor to take action with respect to any breach of any term, covenant or condition therein contained shall not be waiver of any term, covenant or condition of this lease. Furthermore, the subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this lease, other than the failure of Lessee to pay the particular rent so accepted regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. X. The covenants and conditions herein contained shall be subject to the provisions as to assignment and transfer, apply to and bind the heirs, successors, executors, administrators and assigns of all of the parties hereto; and all parties hereto shall be jointly and severally liable hereunder. XI. IN WITNESS WHEREOF, the parties have signed and sealed this lease the day and year first above written. LESSOR: LESSEE: Leslie J. Weatherill Mayor Lease Agreement Page 2 of 3 Attest: Patricia Hower City Clerk Lease Agreement Page 3 of 3 Joan Case Board Member