Loading...
027-13 - Port of Bremerton - ContractTABLE OF CONTENTS CITY OF PORT ORCHARD LEASE AGREEMENT 1. PROPERTY..........................................................................................................................................1 A. PROPERTY.........................................................................................................................................1 2. TERM....................................................................................................................................................2 A. INITIAL TERM......................................................................................................................................2 B. OPTION..............................................................................................................................................2 C. POSSESSION......................................................................................................................................2 3. RENTAL...............................................................................................................................................2 A. BASE RENT........................................................................................................................................2 4. USE OF THE PROPERTY...................................................................................................................2 5. OBLIGATIONS OF LESSEE................................................................................................................3 A. OPERATIONAL CONTROL.....................................................................................................................3 B. EXPENSES..........................................................................................................................................3 C. RUBBISH............................................................................................................................................3 D. USE OF UTILITIES................................................................................................................................3 E. DAMAGE.............................................................................................................................................3 F. NUISANCE..........................................................................................................................................3 G. MAINTENANCE & OWNERSHIP OF IMPROVEMENTS................................................................................4 6. IMPROVEMENTS/ALTERATIONS......................................................................................................4 7. SIGNS...................................................................................................................................................5 A. INSTALLATION OF SIGNS......................................................................................................................5 B. REMOVAL OF SIGNS............................................................................................................................5 8. UTILITIES.............................................................................................................................................5 9. RIGHTS RESERVED FOR CITY..........................................................................................................5 A. USE OF PROPERTY.............................................................................................................................5 B. NO IMPROVEMENTS............................................................................................................................6 C. PERFORM AGREEMENTS.....................................................................................................................6 10. DEFAULT AND TERMINATION......................................................................................................6 A. PAYMENT DEFAULT.............................................................................................................................6 B. FAILURE TO PERFORM........................................................................................................................6 C. ABANDONMENT...................................................................................................................................6 D. INSOLVENCY.......................................................................................................................................6 E. ASSIGNMENT......................................................................................................................................6 11. LEASEHOLD IMPROVEMENTS AT TERMINATION.....................................................................7 12. STREET VACATION........................................................................................................................8 13. ASSIGNMENT, SUBLETTING AND USE BY OTHERS.................................................................8 14. HOLD HARMLESS/INDEMNIFICATION.........................................................................................8 15. INSURANCE....................................................................................................................................9 City of Port Orchard Seattle Avenue Lease Lease Agreement 1/8/13 Page A. LIABILITY INSURANCE..........................................................................................................................9 B. POLICY REQUIREMENTS......................................................................................................................9 C. RELEASE AND WAIVER........................................................................................................................9 16. NONDISCRIMINATION.................................................................................................................10 17. NOTICE..........................................................................................................................................10 18. MISCELLANEOUS........................................................................................................................10 A. CAPTIONS........................................................................................................................................10 B. .JOINT AND SEVERAL LIABILITY; BINDING EFFECT................................................................................10 C. "LESSEE" INCLUDES LESSEES............................................................................................................10 D. WAIVER............................................................................................................................................11 E. GOVERNING LAW..............................................................................................................................11 F. .JURISDICTION, VENUE AND DISPUTE RESOLUTION..............................................................................11 G. ATTORNEYS FEES AND COSTS..........................................................................................................11 H. HOLDING OVER................................................................................................................................11 I. SEVERABILITY...................................................................................................................................11 J. ENTIRETY; AMENDMENT....................................................................................................................12 K. NO RECORDATION; MEMORANDUM....................................................................................................12 City of Port Orchard Seattle Avenue Lease Lease Agreement 1/8/13 Page ii CITY OF PORT ORCHARD LEASE AGREEMENT THIS AGREEMENT is made and entered into as of the day of f� by and between the CITY OF PORT ORCHARD, a Municipal Corporation organized under the laws of the State of Washington (hereinafter "City"), and PORT OF BREMERTON a Municipal Corporation organized under the laws of the State of Washington (hereinafter "Lessee"). WITNESSETH: WHEREAS, the City holds an easement for purposes of public access known as the Seattle Avenue Right of Way and has the authority to enter into this lease pursuant to RCW 35.23.410 and .440(20), and WHEREAS, Lessee is the owner of real property commonly referred to as 1001 Bay Street, Kitsap County Tax Parcel Number 4053-015-001-000, which is located adjacent to and east of the Seattle Avenue Right of Way and a portion of the improvements on said property extend into the Seattle Avenue Right of Way; and WHEREAS, Lessee intends to design, plan, permit, and construct a long term public access resource at the street end of the Seattle Avenue Right of Way; and WHEREAS, the City desires to lease its real property interest in the street end portion of the Seattle Avenue Right of Way located within the City of Port Orchard to Lessee and Lessee desires to lease from the City that property interest, all upon the terms, conditions, and provisions set forth below. 1. PROPERTY A. Property The real property subject matter of this Lease is legally described in Exhibit "A" attached hereto and made a part hereof (hereinafter "Property"). The Property, commonly known as the "the street end portion of the Seattle Avenue Right of Way," consists of approximately 0.16 acres, more or less, which is graphically depicted for illustrative purposes on the diagram attached hereto as Exhibit "B" and made a part hereof. Lessee has examined the Property and accepts the same in its present condition, "as is". City of Port Orchard Seattle Avenue Lease Lease Agreement 1 /8/13 Page 1 2. TERM A. Initial Term The City leases the Property to Lessee and Lessee leases the Property from the City for a term of fifteen (15) years commencing on the 1st day of November 2012, and terminating on the 31st day of October2027, unless sooner terminated as provided in this Lease. B. Option So long as Lessee is not in default, the City grants Lessee an option to renew or extend this Lease upon the same terms and conditions, for one term of ten (10) years, upon written notice thereof to the City within 180 days of the expiration of this Lease or any extended term hereof. C. Possession Lessee is entitled to possession of the Property as of the Effective Date. 3. RENTAL A. Base Rent Lessee shall pay the City rental in the amount of $1.00 per year, in advance, commencing on the 1st day of November2012. In accordance with RCW 35.23.410, at intervals of five years during the term, and any extensions of this Lease, the rental amount shall be readjusted between Lessee and the City by mutual agreement. 4. USE OF THE PROPERTY Lessee's use of the Property shall be consistent with the following: A. Providing public access to the shoreline and constructing public use amenities as part of the Port Orchard Marina Park Extension project. B. Permitting the public access to and use of the Property for non-commercial purposes. C. Charging no fee(s) for use of the Property unless said fees are independently negotiated and agreed upon in writing by both Lessee and the City. D. Avoiding any use that interferes with the City's use of the Property for the Bay Street Pedestrian Pathway, as described in Section 9 below and as depicted in Exhibit B. Lessee shall not use the Property for any other purposes without the prior written consent of the City. The Lessee shall observe, abide and comply with any and all applicable federal, state or local laws, rules or regulations that affect the Property, as City of Port Orchard Seattle Avenue Lease Lease Agreement 1/8/13 Page 2 well as all of the City's rules and regulations applicable to the Property as they are now formulated, or as they may be re-formulated in the future. Lessee shall not allow any illegal or unlawful activities on the Property. 5. OBLIGATIONS OF LESSEE During the term of this Lease or any extensions thereof, and subject to Section 9 below, the Lessee shall: A. Operational Control Be responsible to oversee and regulate the operation of the Property establishing such rules, regulations, fees and procedures as necessary, and consistent with authorized uses as provided by the Lease. B. Expenses Pay all costs and expenses associated and in connection with the use of the Property and the rights and privileges herein granted, including, but not limited to, taxes, permit fees, license fees, and assessments lawfully levied or assessed upon the Property or the improvements and other property on the premises. The Lessee may, however, at its sole expense and cost, contest any tax, fee, or assessment, but shall in no event allow the same to become a lien on the Property. C. Rubbish Properly dispose of all rubbish, garbage, and waste in a clean and sanitary manner at reasonable and regular intervals and assume all costs of extermination and fumigation for any infestation caused by Lessee. D. Use of Utilities Properly use and operate all electrical, gas, and other fixtures that are or may be available for use by the Lessee. E. Damage Not intentionally or negligently destroy, deface, damage, impair, or remove a part of the Property, its appurtenances, facilities, or fixtures, nor permit any person, whether invitee, licensee, or otherwise, acting under control of the Lessee to do so. F. Nuisance Not permit any nuisance or common waste on the Property. City of Port Orchard Seattle Avenue Lease Lease Agreement 1 /8/13 Page 3 G. Maintenance & Ownership of Improvements 1. Pending the Port Orchard Marina Park Extension described herein, maintain the Property, at no cost to the City, so that it remains serviceable and available for all authorized usesin a manner and at a level consistent with the Lessee's management and maintenance of its other properties. 2. Following the Port Orchard Marina Park Extension project completion as described herein, retain ownership of capital improvements and, at its own expense, maintain the Property, at no cost to the City, in a serviceable condition consistent with commonly accepted industry practices for maintenance of similar park facilities operated by the Lessee during the term of the Lease. 6. IMPROVEMENTS/ALTERATIONS A. The Lessee will commence design, planning and permitting to upgrade the Property to establish the facility as a reliable long term public access resource. The Lessee will execute this capital improvement project ("Port Orchard Marina Park Extension") expeditiously, dependent upon the permitting process and regulated construction windows, at no cost to the City. B. During the term of the lease should the City and the Lessee agree that further additional capital improvements are necessary or desirable, the allocation of the cost of such improvements shall be paid by the Lessee and the City according to terms and conditions determined by separate negotiations C. The Lessee shall keep the Property free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by the Lessee and shall defend, indemnify and hold the City harmless against the same. If the Lessee is declared insolvent or bankrupt, or if any assignment of the Lessee's property is made for the benefit of a creditor or otherwise, or the Lessee's leasehold interest is levied upon or seized under writ or any court of law, or if a trustee, receiver or assignee is appointed for the property of the Lessee, whether under operation of state or federal statutes, then the City may, at its option, immediately, without notice (notice being expressly waived), terminate this Lease and take possession forthwith of the Property without any obligation of the City to reimburse the Lessee for capital expenses. D. The Lessee shall not make any further improvements or alterations to the Property without the express, prior written consent of the City, which consent shall not be unreasonably withheld. City of Port Orchard Seattle Avenue Lease Lease Agreement 1 /8/13 Page 4 7. SIGNS A. Installation of Signs Lessee shall have the right, at its own expense, to place in or on the Property a sign or signs identifying the Lessee. Said sign or signs shall be of a size, shape, and design, and at a location or locations, approved by the City and in conformance with any overall directional graphics or sign program, codes, rules or regulations established by the City or any other governmental entity having jurisdiction over the Property, including, but not limited to, Kitsap County. Said sign or signs shall be kept presentable and in good repair. Notwithstanding any other provision of this Lease, said sign or signs shall remain the property of the Lessee. B. Removal of Signs The Lessee shall remove, at its expense, all lettering, signs, and placards so erected on the Property at the expiration of the term of this Lease. If the Lessee violates this provision, the City may remove the sign or signs without any liability, and may charge the expense incurred by such removal to the Lessee, which expense Lessee shall pay within ten (10) days of receipt of notice thereof. Provided, however, that the City shall give the Lessee written notice of the Lessee's violation of this provision, and Lessee shall have forty-eight (48) hours after receiving said notice to comply before the City removes said sign(s). 8. UTILITIES The Lessee, at its own expense, shall provide for and make connections to all utilities that it requires to serve the Property. Any on -site utility improvements within the Property shall be the sole responsibility of Lessee, including, but not limited to, all design and construction costs. Lessee shall pay all charges for utilities and services provided to the Property prior to delinquency. 9. RIGHTS RESERVED FOR CITY During the term or any extensions of this Lease, the City shall: A. Use of Property i. Retain the right to improve said Property, in a manner which does not interfere with the Lessee's use, at such time as the City develops the Bay Street Pedestrian Pathway. Lessee acknowledges that the location of the Pathway as depicted in Exhibit B and the proposed design and construction do not interfere with Lessee's proposed use of the Property. ii. Have the perpetual right and privilege to construct and maintain for the use of itself and its agents underground pipe, cable, ducts, and other necessary facilities to serve other users, together with the right to enter City of Port Orchard Seattle Avenue Lease Lease Agreement 1 /8/13 Page 5 upon the Property at any time with all necessary men, materials, and appliances for the purposes of constructing, inspecting, operating, repairing, and maintaining the same. B. No Improvements Not be required to make any improvements or repairs of any kind upon the Property, except as may be specifically provided for in this Lease. C. Perform Agreements Have the right to make any changes to and perform any construction on the Property required by any agreement or obligation to which it is subject with any other governmental agency or agencies having jurisdiction thereon upon prior written notice served upon the Lessee at least ninety (90) days in advance of such proposed work. 10. DEFAULT AND TERMINATION This Lease shall terminate at the option of the City in the event of any one or more of the following events: A. Payment Default Lessee's default in the payment of the annual rent for more than thirty (30) days after the time such payment becomes due. B. Failure to Perform Lessee's default in the performance of any of the terms, covenants, or conditions of this Lease, or in the event of its failure to comply with the reasonable instructions of the City relative to default, and the failure of the Lessee to remedy, or undertake to remedy, to the City's satisfaction, such default for the period of thirty (30) days after receipt of written notice from the City. C. Abandonment Lessee's abandonment of the Property. D. Insolvency If the Lessee becomes the debtor in bankruptcy proceedings, makes a general or other assignment for the benefit of creditors, is adjudicated bankrupt, or if a receiver is appointed for the property or affairs of the Lessee. This Lease shall not be an asset of the Lessee in any bankruptcy proceeding. E. Assignment Lessee assigns this Lease without the City's prior written consent. City of Port Orchard Seattle Avenue Lease Lease Agreement 118/13 Page 6 Except as to bankruptcy proceedings, such termination shall be effective upon thirty (30) days prior written notice given to the Lessee. If this Lease is so terminated by the City, all rights of the Lessee, or any person claiming through the Lessee, shall cease and terminate, and all payments made thereon shall belong to the City. The City may, without notice, re-enter and take full possession of the Property, including all leasehold improvements thereon. The City shall be entitled to all leasehold improvements, and title thereto shall vest in the City free and clear of any lien of claim of the Lessee or its successors. All property of the Lessee which is located on the Property, whether exempt from execution or not, shall be bound by and subject to a lien for the payment of any amount(s) owing hereunder, and for any other damages arising from a breach by the Lessee of any portion of this Lease. Lessee agrees that the City may take possession of said property, or any part or parts thereof, and sell or cause the same to be sold at a public or private sale, without notice, to the highest bidder for cash, and apply the proceeds of said sale toward the cost thereof and then toward the indebtedness or other damages. Subject to the City's lien rights set forth above, upon termination of this Lease, the Lessee shall, at its sole cost and expense, remove all signs, and materials from the Property which the Lessee was permitted to install or maintain under the rights granted herein. Lessee shall repair all damages caused by such removal. If the Lessee fails to do so within thirty (30) days, then the City may effect such removal or restoration at the Lessee's expense, and the Lessee agrees to pay to the City such expense promptly upon receipt of a proper invoice therefore. 11. LEASEHOLD IMPROVEMENTS AT TERMINATION A. Upon termination of this Lease by the Lessee before the expiration of the term set forth in Section 2 and any extensions thereof or as the result of an event of default under Section 10, all improvements constructed by the Lessee within the Seattle Avenue Right of Way and any interest of the Lessee in the same shall be deemed conveyed to the City under this Lease Agreement as a bill of sale, without compensation, allowance, or credit to the Lessee. The Lessee shall have no right to reimbursement for capital expenses; nor shall the City be under any obligation to assume any outstanding liabilities of the Lessee to third -parties. B. Except as provided in Section 11.A or unless the Lessee otherwise agrees, upon expiration of this Lease by its terms the City will reimburse the Lessee for the expenses Lessee has incurred for the construction of the improvements within the Seattle Avenue Right of Way, accelerated to the year of termination using the last available Consumer Price Index for the greater Seattle -Tacoma -Bremerton area, and depreciated based on a 30-year amortization. Upon payment as provided in this section, Lessee shall provide the City with a bill of sale. Provided, the City shall not be under any obligation to assume any outstanding liabilities of the Lessee to third -parties. City of Port Orchard Seattle Avenue Lease Lease Agreement 1/8/13 Page 7 12. STREET VACATION This Lease may be terminated without penalty in the event title to the Seattle Avenue right of way is vacated to the benefit of Lessee in accordance with Chapter 35.79 RCW and Lessor's policies and regulations. 13. ASSIGNMENT, SUBLETTING AND USE BY OTHERS Neither this Lease, nor any part hereof, may be assigned, transferred, rented or sublet by the Lessee by process or operation of law or in any other manner whatsoever, without the prior written consent of the City. 14. HOLD HARMLESS/INDEMNIFICATION A. The Lessee covenants and agrees to hold harmless, defend and indemnify the City, its elected mayor, councilmen, employees, agents and representatives from and against any and all liability, damages, judgments, costs (including reasonable attorney's fees) or claims therefore, which may arise from or are attributable to the Lessee's negligent or wrongful acts or omissions during its occupancy or use of the Property or any of the City facilities. The Lessee shall pay for the expenses, including reasonable attorney's fees and costs, for the defense of any such claim, including but not limited to litigation in any court of competent jurisdiction or any other dispute resolution process or proceeding. The Lessee also agrees that the City or its employees or agents shall not be held liable for any damage to property or persons caused by any defects now in said Property or equipment, and hereafter occurring, and the Lessee shall defend, indemnify, and hold the City harmless therefrom. The City may, at its option, select the defense counsel of its choice in any such matters. B. The City covenants and agrees to hold harmless, defend and indemnify the Port, its commissioners, employees, agents and representatives from and against any and all liability, damages, judgments, or claims therefore, which may arise from or are attributable to the City's occupancy or use of the Property or any of the Port facilities, whatsoever the nature, and whether authorized or unauthorized. The City shall defray the expenses, including reasonable attorney's fees and costs, for the defense of any such claim, including but not limited to litigation in any court of competent jurisdiction or any other dispute resolution process or proceeding. The City also agrees that the Port or its employees or agents shall not be held liable for any damage to property or persons caused by any defects now in said Property or equipment, and hereafter occurring, and the Lessee shall defend, indemnify, and hold the Port harmless therefrom. The Port may, at its option, select the defense counsel of its choice in any such matters. C. Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of City of Port Orchard Seattle Avenue Lease Lease Agreement 1 /8/13 Page 8 bodily injuries or damages to property caused by or resulting from the concurrent negligence of the City and Lessee, their officers, officials, employees and volunteers, their liability shall be only to the extent of the their respective negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Lease. 15. INSURANCE A. Liability Insurance The Lessee shall obtain and keep in force during the term of this Lease, Comprehensive General Liability (Form CG 001) insurance, extended to cover the Property. B. Policy Requirements All such policies shall: Name the City as an Additional Insured and Loss Payee (Form CG 2010 [form B]) and list the Property as a covered site. Apply as primary insurance irrespective of any insurance which the City may carry. iii. Provide for forty-five (45) days advance written notice to the City in the event of any termination or material change of coverage of the policy. iv. In the case of the Comprehensive General Liability policy, it shall be in an amount not less than $2,000,000 general aggregate, $1,000,000 for single limit bodily injury/property damage. C. Release and Waiver The City and the Lessee hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils fully insured against under their respective property insurance contracts, for all perils insured thereunder. Provided, that this paragraph shall be inapplicable if it would have the effect, but only to the extent that it would have the effect, of invalidating any insurance coverage of the City or the Lessee. City of Port Orchard Seattle Avenue Lease Lease Agreement 1/8/13 Page 9 16. NONDISCRIMINATION Notwithstanding any other or inconsistent provision of this Lease, during the term hereof, or any extended term, the Lessee, for itself, its heirs, personal representatives, successors in interest, permitted assigns, and subtenants, does hereby covenant and agree that no person, on the grounds of race, color, religion, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Property or in the construction of any improvements on, over, or under the Property, or the furnishing of services therein or thereon. 17. NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be personally delivered or mailed. If mailed, it shall be sent certified mail, return receipt requested, with postage and certification fees prepaid: If to the Lessee, addressed to If to the City, addressed to: Port of Bremerton 8850 SW State Hwy 3 Bremerton, WA 98312 City of Port Orchard Attn: Public Works Director 216 Prospect Street Port Orchard, WA 98366 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or three (3) days after mailing, whichever first occurs. 18. MISCELLANEOUS The following miscellaneous provisions apply to this Lease: A. Captions The captions used in this Lease are intended for convenience of reference only, and do not define or limit the scope or meaning of any provision of this Lease. B. Joint and Several Liability; Binding Effect Each party who signs this Lease (other than in a representative capacity) will be jointly and severally liable for the performance of the obligations under this Lease. This Lease is and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and permitted assigns. C. "Lessee" Includes Lessees It is understood and agreed that for convenience the word "Lessee" and verbs and pronouns in the singular number and neuter gender are uniformly used City of Port Orchard Seattle Avenue Lease Lease Agreement 1 /8/13 Page 10 throughout this Lease, regardless of the number, gender, or fact of incorporation of the party who is, or of the parties who are, the actual Lessee or Lessees under this Lease. D. Waiver The failure to enforce any provision concerning breach, violation, or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of rights to enforce such provisions with respect to any such subsequent breach, violation, or default in or with respect to the same or any other covenant or condition hereof. E. Governing Law The place of making of the Lease shall be deemed to be Kitsap County, Washington, and the legal rights and obligations of the City and the Lessee shall be determined by the laws of the State of Washington. F. Jurisdiction, Venue and Dispute Resolution In the event any suit, action or other proceeding shall be brought in connection with any of the terms or conditions of this Lease, the City and the Lessee hereby stipulate that jurisdiction and venue of each suit, action or other proceeding shall be in Kitsap County, Washington. Before any legal action may be initiated in connection with this Lease, the City and Lessee agree to negotiate a resolution in good faith. The Mayor shall negotiate on the City's behalf and the Port CEO or Director of Marine Facilities shall negotiate on the Lessee's behalf. G. Attorney's Fees and Costs In the event that any suit, action or other proceeding shall be instituted to enforce compliance with any of the terms or conditions of this Lease, there shall be paid to the substantially prevailing party in such suit, action or proceeding reasonable attorneys' fees (including the allocated cost of in-house counsel) and costs, with the foregoing applicable to proceedings both in the trial and appellate court levels and arbitration proceedings. H. Holding Over In the event that the Lessee, for any reason, shall hold over in possession of the Property following the expiration of this Lease, or any extensions hereof, such holding over shall not be deemed to operate as a renewal or extension of this Lease, but shall only create a tenancy from month to month which may be terminated at will at any time by the City. I. Severability In the event that any section, or any part of any section, of this Lease shall be declared invalid by a court of competent jurisdiction, said holding shall have no City of Port Orchard Seattle Avenue Lease Lease Agreement 1/8/13 Page 11 effect upon the remaining sections of this Lease, which remain in full force and effect. J. Entirety; Amendment The Lease constitutes the entire agreement and understanding between the City and the Lessee. There are no other agreements or representations, either written or oral, which modify or have any effect upon this Lease. This Lease is not effective in any manner until such time as formally approved and accepted by the City of Port Orchard as evidenced by their signatures below. No change or modification of this Lease shall be valid unless the same is in writing and is signed by authorized representatives of the Parties. K. No Recordation; Memorandum This Lease Agreement may not be recorded. A memorandum of lease approved by the City may be executed in recordable form and recorded with the Kitsap County Auditor. City of Port Orchard Seattle Avenue Lease Lease Agreement 1/8/13 Page 12 IN WITNESS WHEREOF the parties hereto have caused this Lease Agreement to be executed as of the day and year first above written. CITY OF PORT ORCHARD A Municipal Corporation Tim Matthes, Mayor Attest: By. Brandy Rinearson, City Clerk Approved As To Form: City Attorney ORCH J • U � Z 1�✓" �• v „0 FM PORT OF BREMERTON A Municipal Corporation ident and/Commissioner Vice PiVsident and mrblissioner, SecAary and Commissioner City of Port Orchard Seattle Avenue Lease Lease Agreement 1/8/13 Page 1 STATE OF )ss County of VIAT ) On this 2-`i""'`day of 2 O l before me personally appeared Tim Matthes to me known to be a Mayor of the City of Port Orchard the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and that they are 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. STATE OF WASHINGTON County of KITSAP On this W Notar /)Public in an&for the State of Washington ;N ,+A VN C,✓. Cam{ Name Printed residing at e D V- C >I C. r My commission expires: ( — w — I t, )ss of > MNVJAI(Q , ZU 1 me personally skaVAA ICA, V\' to me known to be the ( UUiMt4-o5;jc4AAA 5-- I.Jof the Port of Bremerton, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and that they are authorized to execute said instrument. IN WITNESS WHEREOF, I have he eunto set my had and affixed my Official Seal the day and year first above written. OFFICIAL SEAL Nol Public in a for e S to of Washington VMWAYE • � �] t--- NOTARY PUBLIC -STATE OF %",ASHINGTON Name Printed, My Commission Expires April 2013 residing at (^^'' OtI My commission expires: 'UI Port of Bremerton 01-08-13 Seattle Avenue Lease FINAL.docx Lease Agreement 1/8/13 Notary Page Exhibit 14 (Portion of Seattle Avenue Right of Way) A portion of Gov't Lot 4, Section 26, Township 24 North, Range 1 East, W.M., City of Port Orchard, Kitsap County, Washington; more particularly described as follows: That portion of Seattle Avenue Right of Way lying southerly of the Gov't meander line of said Lot 4 and northerly of the Bay Street Right of Way margin. I I I I A' I I W �w, I > I a Scale: V= 40' I d U) I ' I I I I , 1 , yang amOmD Ro memy VOLUME 3 OF PLATS, PAGE 116 1 I I I I I I I I 4053-015-001-0005 ' ! I / IN,G Ii I ! I ! I / Centerline of City of Port Orchard Pedestrian Enhancement Project-.,---- - .7-Mosquito Fleet Trail L I I I EXHIBIT S Port of Bremerton Marina Park Expansion Project Portion of G.L. 4, Section 26, T 24 N, R 1 E, W.M., City of Port Orchard, Kitsap County, Washington