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023-11 - Port of Bremerton - ContractLease agreement between: City of Port Orchard and Port of Bremerton Water Street Boat Launch Repair and Maintenance City of Port Orchard Contract No. 023-11 Vi. zr, uii io; cl mA 00U01JUUlb HANNO.N SIGN W vivuL CONSENT TO LEASE AGREEMENT Dianne R. Kelstrup hereby consents to the Lease Agreement attached hereto as Exhibit "A" between the City of Port Orchard and the Port of Bremerton. Datcd this ,7�day of January 2011. TABLE OF CONTENTS CITY OF PORT ORCHARD LEASE AGREEMENT 1. PROPERTY..........................................................................................................................................1 1A. PROPERTY.....................................................................................................................................1 2. TERM....................................................................................................................................................1 2A. INITIAL TERM..................................................................................................................................1 2 B. OPTION..........................................................................................................................................2 2C. POSSESSION..................................................................................................................................2 3. RENTAL...............................................................................................................................................2 3A. BASE RENT....................................................................................................................................2 4. USE OF THE PROPERTY...................................................................................................................2 5. OBLIGATIONS OF LESSEE................................................................................................................3 5A. OPERATIONAL CONTROL.................................................................................................................3 5B. EXPENSES.....................................................................................................................................3 5C. RUBBISH........................................................................................................................................3 5D. USE OF UTILITIES...........................................................................................................................3 5E. DAMAGE........................................................................................................................................3 5F. NUISANCE.. ...................................... ................................. . ......................................................... 3 5G. MAINTENANCE & OWNERSHIP OF IMPROVEMENTS............................................................................3 6. IMPROVEMENTS/ALTERATIONS......................................................................................................4 7. SIGNS...................................................................................................................................................6 7A. INSTALLATION OF SIGNS.................................................................................................................5 7B. REMOVAL OF SIGNS........................................................................................................................5 8. UTILITIES.............................................................................................................................................5 9. RIGHTS RESERVED FOR CITY..........................................................................................................5 9A. USE OF FACILITIES.........................................................................................................................5 9B. NO IMPROVEMENTS........................................................................................................................6 9C. PERFORM AGREEMENTS.................................................................................................................6 10. DEFAULT AND TERMINATION......................................................................................................6 1 OA. PAYMENT DEFAULT........................................................................................................................6 10B. FAILURE TO PERFORM....................................................................................................................6 1 OC. ABANDONMENT..............................................................................................................................6 10D. INSOLVENCY...................................................................................................................................7 10E. ASSIGNMENT..................................................................................................................................7 11. LEASEHOLD IMPROVEMENTS AT TERMINATION.....................................................................7 12. ASSIGNMENT, SUBLETTING AND USE BY OTHERS.................................................................8 13. HOLD HARMLESSIINDEMNIFICATION.........................................................................................8 14. INSURANCE....................................................................................................................................8 14A. LIABILITY INSURANCE......................................................................................................................8 City of Port Orchard COPO Water Street Boat Launch Lease 011911_blg.docx Lease Agreement 1/31111 Page i City of Port Orchard COPO Water Street Boat Launch Lease 011911_blg.docx Lease Agreement 1/31/11 Page ii Exhibit A CITY OF PORT ORCHARD LEASE AGREEMENT No. 023-11 THIS AGREEMENT is made and entered into as of the first day of February, 2011, 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 represents that it is the owner and operator of the Water Street Boat Launch Ramp and has the right to enter into this lease; and WHEREAS, the City desires to lease certain property to Lessee located within the City of Port Orchard and Lessee desires to lease from the City that property, all upon the terms, conditions, and provisions set forth below. 1. PROPERTY 1A. Property The real property subject matter of this Lease is described in Exhibit "A" attached hereto and made a part hereof (hereinafter 'Property'). The Property, commonly known as the "Water Street Boat Launch" consist of approximately 0.58 acres, more or less, which is graphically depicted for illustrative purposes on the diagram attached hereto as Exhibit "B" and made a part hereof. As used herein, the term 'Property" includes the real property and improvements now existing or hereafter constructed or installed on the property. Lessee has examined the Property and accepts the same in their present condition, "as is". 2. TERM 2A. 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 February, 2011, and terminating on the 31st day of January, 2026, unless sooner terminated as provided in this Lease. City of Port Orchard DRAFTModifications to COPO Water Street Boat Launch Lease 011911_b1g (2).docx Lease Agreement 1131111 Page 1 2B. 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 fifteen (15)years, upon written notice thereof to the City within 180 days of the expiration of this Lease or any extended term hereof. 2C. Possession Lessee is entitled to possession of the Property as of the Effective Date. 3. RENTAL 3A. Base Rent Lessee shall pay the City rental in the amount of $1.00 per year, in advance, commencing on the 1st day of February, 2011. In accordance with RCW 35.23.410, at intervals of five years during the term, the rental amount shall be readjusted between Lessee and the City by mutual agreement. 4. USE OF THE PROPERTY Lessee shall use the Property for the following purpose(s): A. Commercial, recreational, and governmental watercraft launch and recovery only. Except as expressly permitted by this Agreement there shall be no other commercial activity on the Property. Commercial activity is defined as, but not limited to, loading or unloading cargo from commercial fishing boats, repair of commercial watercraft and repairing, maintaining or drying of fishing nets, and loading or unloading commercial cargo, to include logs or merchandise. B. Moorage at the Property shall be limited to 15 minutes. C. The Lessee shall permit the public to use the Property for non-commercial purposes. D. The Lessee, during the term of the lease, may establish a fee or fees for the commercial use of the Property. The City reserves the right to establish the fee or fees charged for recreational use of the Property. The Lessee agrees to charge for recreational use of the Property only such fees as approved in advance by the City. E. The Lessee acknowledges that, consistent with State law and City Code, the City may take enforcement action if the Property is used in violation of these provisions. See, POMC 9.46. 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 well as all of the City's rules and regulations applicable to the Property as they are now City of Port Orchard COPO Water Street Boat Launch Lease 011911_blg.docx Lease Agreement 1/31/11 Page 2 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, the Lessee shall: 5A. 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. 5B. 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. 5C. 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. 5D. Use of Utilities Properly use and operate all electrical, gas, and other fixtures that are or may be available for use by the Lessee. 5E. 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 family, invitee, licensee, or otherwise, acting under control of the Lessee to do so. 5F. Nuisance Not permit any nuisance or common waste on the Property. 5G. Maintenance & Ownership of Improvements 1. Maintain the Property, at no cost to the City, so that it remains serviceable and available for all authorized uses, pending the Boat Launch Refurbishment described herein, in a manner and at a level City of Port Orchard COPO Water Street Boat Launch Lease 011911_blg.docx Lease Agreement 1 /31 /11 Page 3 consistent with the Lessee's management and maintenance of its other marine properties. 2. Retain ownership of capital improvements and, at its own expense, maintain the boat launch in a serviceable condition consistent with commonly accepted industry practices for maintenance of similar marine facilities operated by the Lesseeduring the term of the lease following the Boat Launch Refurbishment as described herein. 6. IMPROVEMENTS/ALTERATIONS 1. The Lessee will commence design, planning and permitting to upgrade the boat launch to establish the facility as a reliable long term resource. The Lessee will execute this capital improvement project ("Boat Launch Refurbishment") expeditiously, dependent upon the permitting process and regulated construction windows, at no cost to the City. The Lessee will refurbish the boat launch consistent with the condition assessment conducted by PND Engineers and as reported in their letter PND No. 084074.07 dated October 29, 2010 which recommended total replacement of the pilings and floats and extension/repair of the ramps. This scope of work may be modified as may be required for compliance with permitting agencies upon prior written approval of the City, which approval shall not be unreasonably withheld. 2. During the term of the lease following the Boat Launch Refurbishment, 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 3. 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. 4. 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 COPO Water Street Boat Launch Lease Oil 911-big .docx Lease Agreement 4/31/11 Page 4 5. Unless the Lessee is in default or otherwise agrees, termination of this lease for any reason by the City will require that the City reimburse the Lessee for all capital expenses actually incurred, accelerated to the year of termination using the last available Consumer Price Index (CPI) for the greater Seattle - Tacoma area, and depreciated based on a 30-year amortization. 7. SIGNS 7A. 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. 7113. 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: 9A. Use of Facilities 1. Notwithstanding the Lessee's right to oversee and control the leased Property, the City reserves or retains the right to pedestrian access as follows: a 12-foot wide strip running immediately parallel to the top of City of Port Orchard COPO Water Street Boat Launch Lease 011911_blg.docx Lease Agreement 1 /31 /11 Page 5 the bank, running between the southwest to the northeast property lines. The City's retained right of access shall be reserved for current pedestrian use. The City also retains the right to improve said area, in a manner which does not interfere with the Lessee's use, at such time as the City develops a waterfront trail. For demonstrative purposes, the area described in this paragraph is roughly depicted in the attached Exhibit "C". 2. 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 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. 913. 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. 9C. 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: 10A. 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. 10B. 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. 10C. Abandonment Lessee's abandonment of the Property. City of Port Orchard COPO Water Street Boat Launch Lease 011911big .docx Lease Agreement 1131/11 Page 6 101). 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. 10E. Assignment Lessee assigns this Lease without the City's prior written consent. 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 1. Upon termination of this Lease by the Lessee or as the result of an event of default under Section 10, all improvements constructed by the Lessee 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. 2. At the termination of the lease the Property will not be required to be restored to "like new" condition by the Lessee, but should be in a condition consistent with the age of the facility and the application of commonly accepted industry maintenance practices. City of Port Orchard COPO Water Street Boat Launch Lease 0119l 1_blg.docx Lease Agreement 1 /31 /11 Page 7 12. 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. 13. HOLD HARMLESS/INDEMNIFICATION 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 person 14. INSURANCE 14A. Liability Insurance s 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. 146. Policy Requirements All such policies shall: (1) Name the City as an Additional Insured and Loss Payee (Form CG 2010 [form B]) and list the Property as a covered site. (2) Apply as primary insurance irrespective of any insurance which the City may carry. (3) 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. (4) 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. City of Port Orchard COPO Water Street Boat Launch Lease 011911_blg.docx Lease Agreement 1 /31 /11 Page 8 14C. 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. 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. 16. 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 Port Orchard. WA 98367 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. 17. MISCELLANEOUS The following miscellaneous provisions apply to this Lease: 17A. 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. City of Port Orchard COPO Water Street Boat Launch Lease 011911_b1g.docx Lease Agreement 1/31 /11 Page 9 17B. 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. 17C. "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 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. 17D. 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. 17E. 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. 17F. 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 Commissioners or their designee(s) shall negotiate on the Lessee's behalf. 17G. 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. City of Port Orchard COPO Water Street Boat Launch Lease 011911_blg.docz Lease Agreement 1/31/11 Page 10 ATTi 17H. 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. 171. 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 effect upon the remaining sections of this Lease, which remain in full force and effect. 17J. Entirety 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. 17K. 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. 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 City Clerk City of Port Orchard Lease Agreement PORT OF BREMERTON A Municipal Corporation P r - CC- EkFCzPav-OF6-tore COPO Water Street Boat Launch Lease 011911_blg.docx 1/31111 Page 11 Approved As To Form: 6f/w City Attorra y Date: City of Port Orchard COPO Water Street Boat Launch Lease 011911 blg.docx Lease Agreement 1/31/11 Page 12 STATE OFj1a�q�) V )ss County of kla_'5Cep ) On this "1 day of n 1: / (7>10) I before me personally appeared i (-(-75 37_' 1-� to me known to be the (YY;-\ice— �° ofthe 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. JP/) 2 I -A 0, ,14/ nl Votary Public in and for the State of Washington ,i212, 42P 'Den n ��)r Name Print_ residing at n(��Iroay-8 (IC (haV., My commission expires: ) ) - ) /5 ca DL) STATE OF WASHINGTON ) )ss County of KITSAP ) On this _A�' _ day< C.kJl� WQ , a01\ before me personally to me known to be the ' ,L of the Port of Bremerton, the municipaT 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 day and year first above written. OFFICIAL SEAL VMWAYE NOTARY PUBLIC -STATE OF WASHINGTON My Commission Expires April 1 2013 Port of Bremerton Lease Agreement have hereunto set myahand and affixed my Official Seal the Name Printe residing at My commission of Washington COPO Water Street Boat Launch Lease 011911_blg.docx 1/31111 Notary Page EXHIBIT A 9Nard C. MulTer and Associates - Licensed Land Surveyors 217 Sidney Avenue Port Orchard, WA 98366 Telephone (360)876-3443 Fax (360)377-5951 www.wcmassoc.com EIN 90 0011360-UBf Epp 385020 January 7, 2011 Water Street That portion of Government Lot 3, Section 26, Township 24 North, Range 1 East W.M. and being a portion of S.M. Stevens Town Plat of Sidney and also being a portion Of the Map of the Shore and Tidelands of Sidney, Kitsap County, Washington dated 1892 more particularly described as follows: That certain street know as Water Street as shown on S.M. Stevens Town Plat of Sidney, filed in Volume 1, page 1 of plats and also shown on Map of the Shore and Tidelands of Sidney, Kitsap County, Washington dated 1892, lying Northwesterly of Bay Street [SR 166 (Formerly State Road 14)1, Southwesterly of the Re -Plat of Block 10 Sidney Tidelands as filed in Volume 9, page 50 of plats, Northeasterly of Block 4 of said S.M. Stevens Town Plat of Sidney, Northeasterly of Block 4 of said Map of the Shore and Tidelands of Sidney and Southeasterly of the Inner Harbor Line as shown on said Map of the Shore and Tidelands of Sidney Situate in Kitsap County, Washington All as shown on "Exhibit" dated January 6, 2011 attached hereto and by this reference made a part hereof. 101 EXHIBIT B L"J e b 45 b \\ \\ \\ Lot cX6 £ sI \ \z \ \ Repat\O\f B0O \Volu ~ �� r z \ Lot Lot \ \ V. N Vt£!` ,Lot 3 \ \ \\ I me 9, pa2 a 50 of plats\\ \ I z 4.. Lot \ \\ \\ I II \ \ r fil 3 1- \ _ \ Lot 5 \ /' \\ Lot Ward C. Muller & Associates I 44aMMCttYNAreGNSE _ �� RA>dmNumMA( �g Y � /Q OaC z a I+I S4 , I I I I I I I I I I I I I I I I I /r----_—_—_-- / I I Exhibitshowing pornona Replat of Block 10 and portion of Block 4 Plat of Sidney Tidelands .(m.mam+w.rronw Goverrunent Lot 2 Section 26-Township 24 North -Range I East W M, January 6, loll Job EXHIBIT C e 4 \ \ Replat Of HH Oc \Volume: 2 \ e1 \—�\Balunced G, \ \ ; ' Block 4 \ Lot 6 \ Lot 4 \\ Va \ \ 9e / L' "J r� I'SScca�le V.3�0' U l9 —35 CS . kn Lot Lot 4% Lot 3�`\, �40 Sidnegjildelan S ai 9, pate 5o of plats\\ \ Lott \ \\ \\ I \ i \ iaYl Lot 1 \ / E ' `S 9O zlo 5Naa�arrrddd C. Muller & Associates iaeoinvawr \ ---,:z off— \ aawre ro,,.mnr t I I I I I ly I I I I I I I I I I I I I I I I I I I I I I I - i- ---— — — — — --- I I Exhibit showing e ,Wa` Replat of Block 10 and portion of Block 4 Plat of Sidney Tidelands s�mreen a,ormnor Government Lot 2 Section 26-Township 24 North -Range 1 East W.M. January a, 2011 \ iaYl Lot 1 \ / E ' `S 9O zlo 5Naa�arrrddd C. Muller & Associates iaeoinvawr \ ---,:z off— \ aawre ro,,.mnr t I I I I I ly I I I I I I I I I I I I I I I I I I I I I I I i- ---— — — — — --- I I Exhibit showing e ,Wa` Replat of Block 10 and portion of Block 4 Plat of Sidney Tidelands s�mreen a,ormnor Government Lot 2 Section 26-Township 24 North -Range 1 East W.M. January a, 2011