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HomeMy WebLinkAbout1371 ORDINANCE NO. 1371 AN ORDINANCE approving a lease and agreement by and between the City of Bremerton, Bremerton Terminal Company and Sophia Bremer, and directing the Mayor and City Clerk to sign the same on behalf of the City of Bremerton. THE CITY COMMISSION OF THE' CITY OF BR~ERTON DOES ORDAIN AS FOLLOWS: Section 1. That pursuant to a notice published in the official city newspaper, a public hearing was held at the Commission Chambers of the City of ~remerton, more than twenty-five days subsequent t0 the publication of such notice, relative to the execution by the City of Bremerton of a certain lease and agreement, referred to in said notice by and between the said City as first party, the Bremerton Terminal Company as second party, and Sophia Bremer as third party. Section 2. That the said public hearing was held at l0 o'clock A.M. on the 26th day of December, 1940, and recessed by motion of the City Comm- ission until 10 o'clock A.M. on the 2nd day of January, 1941, and said meeting was further recessed until 3o'clock P.M. on the 2nd day of January, 1941, and the proposed lease and agreement was read by the City Clerk and after full and complete study by the City Commission, the following said lease and agreement and the leasing of the premises described therein, to-wit: ~ASE AND AGREEMENT THIS AGREEMENT, Made this 19th day of 'February, 1941, be and between the City of Bremerton, a municipal corporation located in Kitsap County, Washington, hereinafter called "First Party"; Bremerton Terminal Company, a corporation organized and existing under and by virtue of the laws of the State of Washington, hereinafter called the "Second Party"; and Sophia Bremer, an individual, hereinafter called "Third Party"; WITNESSETH: That First Party, for and in consideration of the convenants, conditions and agreements herein contained and the rent hereinafter reserved does hereby demise and lease unto Second Party the following described premises in the County of Kitsap, State of Washington, to-wit: PARCEL ..A. That portion of ~ront Str. eet in the City of Bremerton Kitsap County, Washington, described as follows:- Beginning at the intersection of the inner harbor line with the northeasterly boundary line of Front Street; thence along said inner harbor line to its intersection with the southwesterly line of Front Street; thence along said South- westerly line of Fraont Street a distance of 20 feet; thence in a northeasterly direction parallel with the inner harbor line to the northeasterly line of Front: Street; thence along the northeasterly line of Front Street to the point of beginning; also all that part of the harbor area marked "public place" occupied by the municipal wharf of the City of Bremerton; also said wharf and the building located thereon, and all approaches thereto. ALSO all of the harbor area located in front of the City of Bremerton included in a certain lease between the State of Washington and the City of Bremerton dated the let day of August, 1932, and numbered 977 in the office of the Commissioner of Public Lands of the State of Washington in Olympia, Washington, and more particular- ly described as follows: That portion of the harbor area between Front Street and Second Street in the City of Bremerton included in the vacated portion of the waterway adjoining the northerly side of Public Place No. 1, described by metes and bounds, as follows: Beginning at point "f", being the most northerly point of said Public Place No. 1 and the most. westerly point of said waterwN$, and running thence along the southwesterly line of said waterway S 45° E 15§ feet; thence N 45OE 104.328 feet to a point on the northeast- erly line of said waterway; thence along said northeasterly line N §9o14'1~'' W 159.912 feet to point "g" being the most northerly point on said waterway; thence along the northwesterly end of said waterway S 45°W 65 feet to the point of beginning. Ordinance No. 1371 (cont) ALL as shown upon the supplemental map of Bremerton Tide Lands filed in the office of the Commissioner of Public Lands at Olympia, Washington; ~ ALSO ALL of the harbor area located in front of the City of Bremerton included in a certain lease between the Port Commission of the Port of Bremerton and the City of Bremerton, dated the ?th day of June, 1921, and numbered 663 in the office of the Commissioner of Public Lands of the State of Washington in Olympia, Washington, and more particularly described as follows, to-wit: The harbor area lying immediately to the east of the municipal wharf at the foot of Front Street, emSending the full length of the present municipal wharf north and south, and extending east into the harbor area 2B0 feet from the east margin of Front Street produced; also the waterway on the east side of said dock; PARCEL B. ALSO that portion of Second Street in the City of Bremerton, Kitsap County, Washington, described as follows, to-wit: Beginning at the intersection of the northeasterly line of Second Street with the inner harbor line; thence along said inner harbor line to the southwesterly line of Second Street; thence along the southwesterly line of Second Street a distance of 20 feet; thence northeasterly along a line parallel with the inner harbor line to the northeasterly line of Second Street; thence along the northeasterly line of Secon~ Street to the point of beginning; also that part of the harbor area lying in front of Second Street and contained between the lines of Second Street produced across said harbor area occupied by the present wharf owned by the City of Bremerton; also the wharf located at the foot of Second Street end approaches thereto. TO HAVE AND TO HOLD the said premises, together with appurtenances and all approaches thereto, to the Lessee, from the day and year first above written, for the term until and including the 30th day of June, 1951. In consideration of the demise and leasing of the premises aforesaid by First Party and in consideration of the sum of One Dollar ($1.00) to Third Party in hand paid, and other good and valuable consideration, and in consideration of the mutual benefits to the parties hereto arising out of this agreement, it is mutually agreed between the parties hereto as follows: 1. Second Party agrees to pay to First Party as rent for said premises the sum of Two Hundred Dollars ($200.00) per month in advance on the first day of each and every month during the term of this lease; provided, however, that at intervals of every five (5) years during the term of this lease the rental to be paid by Second Party to First Party shall be readjusted between Second Party and First Party by mutual agreement, and in case First Party end Second Party cannot agree, then the question in dispute as to the amount of rental to be paid shall be left to arbitration, First Party to select one arbitrator, and Second Party to select one arbiteator, and the two so selected to select a third, and the decision of the three so selected to be final 2. Second Party shall have the right to remodel the building located upon the city wharf herein demised by removing the second floor of said building and remodeling the roof, walls and interior of said building. Second Party shall also have the right to remove the piling and that portion of the wharf along the southwesterly and southeasterly sides of said municipal wharf herein demised, provided, however, that the removal of said piling and wharf shall not disturb the main wharf building now located thereon, The Second Party shall also have the right to remove and rebuild or replace the float on the northeast- erly side of said wharf and provide steps and approaches for the same; provided, however, that Second Party shall at all times furnish proper float and landing ~acilities at said wharf for the passenger boats plying between Port Orchard, the Veterans' Home at Retsil, and Bremerton; and provided, further, that Second Party shall not, unless the Department of the State, City o~ County which, from time to time, is entrusted with the regulation of rates over public wharves to orders, impose a charge for the landing of passengers by said boats against the Horluck Transportation Company or the company that may be operating such boats, in excess of Twenty-five Dollars ($25.00) per month. Second Party may also remove the building o8 the wharf in front of Second Street and repair, remodel and recondition said wharf. Second Party shell be under no duty to account to First Party for any materials removed from the premises hereby demised during the course of the remodeling and rebuilding provided for herein. Second party agrees that said municipal wharves and street ends and approaches herein demised shall, during the term of this lease, at all times be maintain~ed Ordinance No. 1371 (cont) and operated as public ~harves for the convenience of navigation and commerce, and shall be open to the use of all persons, firms or corporations upon equal and reasonable terms. The said municipal wharves shall be subject to regulation by the Department of State, City or 0ounty which, from time to time, by law is entrusted with the regulation of rates, facilities, service and safety of public wharves. Second Party agrees, upon order of such department, to provide adequat landing facilities at either or both of said wharves for ~eight and passengers, in the event any additional freight or passenger service is instituted into Bremerton. 3. Second Party shall keep the premises in a clean and sanitary condition and shall not use or permit the use of said premises for any unlawful purpose whatsoever. A. Second Party covenants, promises and agrees to pay for all gas, electr! energy or water used or consumed by Second Party in or about said premises. 5. Second Party agrees to accept said premises in their present condition, and at the end of said term or any sooner termination of this lease, will quit and surrender up peaceable possession of said premises in as good order, conditi and repair as the same were in at the time of the completion of the improvement and alterations to be made by Second Party, ordinary wear and tear and injury to or destruction thereof by fire, earthquakes, strikes, acts of God, or other unavoidable casualty excepted. Second Party agrees that all alterations and additions made by Second Party~to said premises shall be paid for by Second Part and that title to all such alterations and additions shall vest in ~irst Party upon the termination of this lease. 6. Second Party covenants and agrees that it will, at its own cost and expense, keep said premises and the appurtenances thereto and the approaches in front of said premises in a good, safe and secure condition, and will conform to all laws, municipal ordinances and other regulations affecting said premises and the approaches thereto. Second Party further covenants and agrees that it will save the First Party harmless from any and all claims and demands for damages or injuries arising, directly or indirectly, out of the use of the demised premises the approaches thereto, and the premises described in paragraphs 11 and 12 of this lease. Second Party agrees, to carry adequate public liability and property damage insurance on the demised premises. 7. Second Party agrees to keep the improvements on the premises described as "Parcel A" and the piling, capping and decking of the wharf structure described in "Parcel B" insured against loss by fire, with loss payable to the First Party, and policies to remain in the possession of the First Party, in an amount equal to the amount of the value' of improvements thereon, as fixed by the General Appraisal Company. The policy or policies to be procured by Second P,art~ shall also have attached thereto a standard form of extended coverage endorse- ment, insuring against other casualties named therein. If the buildings or improvements upon the leased premises upon which Second Party is to carry insur- ance, as herein provided, or any portion thereof, are injured or destroyed by fire, earthquake or other casualty, the First Party may rebuild or repair the same with all reasonable dispatch. If First Party fails to rebuild or repair, as herein provided, the Second Party may, at its option, declare this lease terminated, or repair or rebuild improvements on the premises, or any part there. of, in such manner as to it seems advisable. Unless the lease be terminated as in this paragraph provided, the proceeds of all insurance policies shall be applied to the repairing or rebuilding provided for in this paragraph. 8. If Second Party shall be in default in the payment of rent hereinabove specified to be paid, or any part thereof, or if default shall be made in any of the covenants, promises and agreements herein contained to be kept by the Second Party, end said default shall continue for a period, of thirty (30) days after written notice has been given to Second Party, it shall be lawful for First Party to declare the said term ended and to reenter the demised premises, or any part thereof, either with or without process of law, and to expel and remove said Second Party or any person or persons upon said premises, using such force as may be necessary in so doing, and repossess and' enjoy the said pr,cruises again as of its first and former estate, or said lessor, may at its option, at a~: time after such default and notice, reenter and take possession of the premises without such reentering working a forfeiture of rents to be paid and the covenaW to be kept by the said lessee for the full term of this lease. Ordinance No. 1371 (cont) 9. First Party does hereby covenant, promise and agree that Second Party, paying the rent and performing the covenants herein specified, shall and may peaceably and quietly have and enjoy the said premises for the term aforesaid. The Second and Third Parties hereby agree to defend any action that may be brought by the Port of Bremerton, or other interested party, to cancel or annul this lease, and hereby waive any claims for loss or damage arising, directly or indirectly, out of the provisions of this lease and agreement in the event the City of Bremerton be held to have no legal right $o the premises herein demised or to have no legal right to lease or demise the same, by a court of competent Jorusdiction, and such holding shall not be deemed to be a breach of the covenants and agreements contained in the first sentence of this paragraph. 10. In the event that First Party shall fail to pay to the State of Washington the rental due the State of Washington under any lease for any portion of the harbor area covered by this lease when the same becomes due, the Second Party shall have the right to pay the rental due the State of Washington under said harbor area leases and deduct the said payments from any sums which shall be due to First Party by the terms of this lease. If First Party shall enter into a lease with the State of Washington for any portion of the harbor area adjoining that part of the harbor area in front of Second Street in the City of Bremerton and included between the lines of Second Street produced across said harbor area, such portions of the harbor area to be included in any such lease with the State of Washington shall be included within the premises covered by this lease, and the rental payable to ..First Party in this lease shall be increased by the amount .of rental which the First Party shall be required to pay the State of Washington for said portions of the harbor area so leased, and the term of this lease, as to said harbor areas to be leased by First Party, shall be equal to the term contained in said harbor area leases, but in no event shall extend beyond the 30th day of June, 1951. 11. Third Party agrees that within one (1) year from the date of this lease, she will improve the following described real property in the County of Kitsap, State of Washington, to-wit: A tract being and lying between the easterly boundary of the alley on the easterly side of Block 3 and the Government meander line and between the northerly boundary of Second Street extended to its intersection with the said Government meander line, and the northerly line of ~ot 13 in said Block 3 extended to its inte~- section with said Government meander line, all in the City of Bremerton and according to the recorded plat thereof, the said tract hereby demised being substantially as is outlined in red on the copy of a portion of said recorded plat attached hereto, marked Exhibit "A", which said copy is by this reference made a part hereof, in conformance with detailed maps, plans and specifications attached hereto as Exhibit "A", and that she will, after the making of said improvement, and during the balance of the term of the lease of the premises heretofore described herein by First Party to Second Party, maintain and operate said premises as a free parking lot, subject to such reasonable rules and regula- tions as Third Party may from time to time deem necessary. 12. Third Party agrees that within one (1) year from the date of this lease, she will improve the following described real property in the County of Kitsap, State of Washington, tQ~wit: Beginning at the northeast corner Lot 9, Block 2, in the Town of Bremerton according to the recorded plat thereof, and thence southerly along alley to a point 70 feet from the south- eas~ corner said Block 2; thence on a line parallel to and 70 .feet distance from Front Street 253 feet; thence south 41°27'4§" West 70 feet more or less to the northerly margin of Front Street; thence along said northerly margin of Front Street 30 feet; thence north 41°27'45" E. ll2 feet more or less; thence northwesterly parallel to Front Street ll0 feet; thence north- easterly to a point on the southerly Sargin of Second Street 275 feet more or less; thence northwesterly along said southerly margin of Second Street 225 feet to point of beginning; except- ing a portion along the easterly boundary of said Block 2 14 feet in width, in conformance with detailed maps, plans and specifications attached hereto as Ordinance No. 1371 (cont I Exhibit "A", and that she will, after the making of said improvement, and during the balance of the term of the lease of the premises heretofore described herein by First Party to Second Party, maintain and operate said premises as a parking lot, subject to such rules, regulations and charges as Third Party may from time to time deem necessary. 13. It is specifically understood and agreed by the parties hereto that nothing herein contained shall be construed as creating any liability on the part of the Third Party for the rentals herein reserved by First Party and First Party hereby releases and discharges Third Party of and from any and all claims for rental or otherwise arising out of or because of the lease of the premises herein demised by First Party to Second Party. 14. Second party and Third Party hereby agree that they will not, during the term of this agreement, or upon the expiration thereof, make, or cause to be made, any application to the State of Washington or to the Port of Bremerton, for lease of the premises hereby demised, or of any harbor area in front of or adjacent thereto, without the written consent of the First Party; provided, however, that Second Party and Third Party, or either of them, may apply for renewals or extensions of any leases ~hich they, or either of them, now hold as lessees. First Party hereby agrees that it will not, during the term of this agreement, or upon expiration thereof, make, or cause to be made, any application to the State of Washington or to the Port of Bremerton, for a lease of any premises upon which Second and Third Parties, or either of them, now have a lease from the State of Washington. ~15. It is understood and agreed that Second Party contemplates leasing to Third Party that portion of Second Street, the harbor area in front thereof, the wharf located at the foot thereof, and the approach thereto heretofore more specifically described, and that Third Party will move on to said wharf its crane now located on the premises described in paragraph 12 of this agree- merit, and that Third Party will build and maintain such structures and buildings upon said wharf as may appear to Third Party to be necessary in connection with the operation of said crane and the handling of lumber and building materials over, across, and upon said wharf, subject, however, to the provisions of this agreement. First Party hereby specifically agrees to the leasing of said premises to Third Party by Second Party for said purposes, and agrees that upon the termination of this agreement, Third Party and Second Party may remove from said demised premises said crane and any and all buildings, structufres, or equipment placed in, on, or upon said demised premises, and title to said build- ings, structures and equipment shall remain in Second Party and Third Party, as the case may be, notwithstanding the provisions of paragraph 5 of this lease and agreement; PROVIDED, however, that the Second and Third Parties shall not damage the said wharf by the removal of such crane and equipment and shall re- turn the said wharf to the lessor at the termination of this lease in as good condition as when received and in as good condition as the said wharf shall have been put into by the Second or Third Parties, reasonable wear or temr excepted, and without any buildings thereon. 16. It is understood and agreed that Second Party and Third Party, or either of them, may at any time during the term of this lease remove the lumber yard and the crane referred to in paragraph 15 hereof from the said premises described as "Parcel B", and that they, or either of them, may at any time during the ninety-day period preceding the expiration of the term of the lease of the said "Parcel B" remove the said lumber yard and crane to the premises described in paragraph 11 hereof, or to the premises described in paragraph 12 hereof. 17. It is understood and agreed between the parties hereto that, should the lease of the entire premises heretofore described by First Party to Second Party be for any reason whatever declared void, or in any manner terminated by a court of competent Jurisdiction, then and in such event Second Party and Third Party, or either of them, may at any time thereafter terminate this entire agreement and upon such termination shall have the right to exercise all the rights given to them hereunder upon the expiration of the term of this lease. 18. It is further agreed that should Third Party, as the result of any legal action, be prevented from maintaining her crane and lumber yard, or either of them, upon said "Parcel B", or any party thereof, that then, and in such event, Third Party shall be thereby relieved of her obligation to improve, maintain and operate the premises for parking, as provided in paragraph 12 of this agreement. Ordinance No. 1371 (cont) 19. It is further agreed that should the amount of rental payable by Second Party to First Party for the premises leased hereby be at any time increased, that then, and in such event, First Party shall pay to Third Party, as additional consideration for the agreements contained in paragraphs 11 and 12 hereof, on the 1st day of each and every month during said lease, an amount equal to the amount of monthly increase in such rental. 20. It is understood and agreed that all piling, except "fender" piling, driven by the Second Party or the Third Party, in rebuilding or repairing the wharves on the demised premises, shall be treated with creosote or other pre- servative preparation for the purpose of protecting the same from the deleter- ious effects of immersion in salt water, such creosote or preparation and the manner of application of the same to the said piling shall conform to recog- nized standards promulgated by the United States Government. 21. Notwithstanding all other provisions of this lease, it is understood and agreed that under no circumstances will the rental to be paid to the First Party by the Second Party for the demised premises be less than Two Hundred Dollars ($200.00) per month. 22. This lease shall be of no force and effect unless and until its pro- visions shall have been approved by the State Land Commissioner of the State of Washington. IN WITNESS WHEREOF, the First Party and Second Party have caused this Lease and Agreement to be executed by their duly constituted officers, and Third Party has executed the same, the day and year first above written. CITY OF BREMERTON, a municipal ~orporatio~ Homer R. Jones, Mayor. H. A. Bruenn, Commissioner of ~'inance Attest: E. J. McCall, City Clerk was approved and the City Clerk was directed to submit the same to ~the State Land Commissioner for his approval. That the State Land Commissioner has approved the said lease and agreement and the same is now ready for the official signature of the City of Bremerton. Section 3. That the City Commission of the City of Bremerton has approved and does hereby approve said lease and hereby directs that the Mayor and City Clerk sign and execute the same for and on behalf of and as the official act of the City of Bremerton. Section 4. This ordinance is immediately necessary for the preservation of public peace, health and safety in the City of Bremerton, and its provisions shall become effective immediately upon passage and publication hereof. PASSED by the City Commission of the City of Bremerton on first reading, signed by the Mayor, and attested by the City Clerk in authentication thereof, this 18th day of January, 1941. Attest: PASSED and finally adopted by ~he City Commission of the City of Bremerton on second reading, signed by the Mayor, and attested by the City Clerk in authentication ~thereof, this 19th day of February, 1941. Attest: .......