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061-23 - Resolution - Port of Bremerton Sublease AgreementDocuSign Envelope ID: 93350778-796D-465E-9EC4-F728EOFD1B86 RESOLUTION NO. 061-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A SUBLEASE AGREEMENT WITH THE PORT OF THE BREMERTON DNR LEASE FOR AQUATIC LANDS NO. 22-BO2235 FOR THE MARINA PUMP STATION. WHEREAS, the Port Orchard Marina located within the Port Orchard Harbor Area in Sinclair Inlet is owned and operated by the Port of Bremerton, pursuant to a Port Management Agreement (PMA) No. 22-080016 and an Aquatic Land Lease No. 22-BO2235 with the Washington Department of Natural Resources ("DNR"); and WHEREAS, the City utilizes property adjacent to the Port of Bremerton's property for a parking lot, public access and a public sewage pump station, pursuant to an Aquatic Land Lease No. 22-AO2582 with DNR; and WHEREAS, the City has designed the Marina Pump Station to replace the existing pump station to increase capacity and better serve the community, along with associated improvements (the "Project"), and the Project will impact the Port of Bremerton's property and require a sublease and ultimately the modification of the City's and the Port's agreements with DNR; and WHEREAS, in December 2022, the City and the Port of Bremerton executed a Memorandum of Understanding to govern the City's use of the Port's property during the Project's construction, as well as communications/submissions to DNR for the parties' agreements; and WHEREAS, the City and Port of Bremerton have worked with DNR to prepare a sublease agreement to govern the City's construction work and encroachment, consistent with the terms of the MOU; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to authorize the execution of this sublease; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Mayor is authorized to execute the Sublease Agreement for DNR Lease for Aquatic Lands No. 22-BO2235 with the Port of Bremerton for the Marina Pump Station project. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. DocuSign Envelope ID: 93350778-796D-465E-9EC4-F728EOFD1 B86 Resolution No. 061-23 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 13t" day of June 2023. DocuSigned by: �b P1n.1"6�A-I�USWA, zaoan o)':":""7n Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk