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: .......