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AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: 20 -Year Land Lease Agreement between the City of Bremerton and Donna Hammargren for Sewage Pump Station E13-4 Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5G May 23, 2018 June 6, 2018 PW&UNVWTP Pat Coxon (360) 473-5448 SUMMARY: This is a renewable land lease agreement with Donna Hammargren for the property at 1369 Jacobsen Boulevard, where Sewage Pump Station EB -4 is located. The current 10 year lease agreement expires in October 2018, and both parties have agreed to extend and renew the lease agreement for a period of twenty years. ATTACHMENTS: 1) Lease Agreement and site photo (Updated) FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the WWTP. The annual rent is $60.00 including Washington State Sales Tax and is payable on the 1St of October. STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Land Lease Agreement for Sewage Pump Station EB4 between the City of Bremerton and Donna Hammargren in the annual rent amount of $60.00 including Washington State Sales Tax; and authorize the Mayor to finalize and execute the lease agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Forth Updated 01/02/2018 LEASE BETWEEN DONNA HAMMARGREN AND THE CITY OF BREMERTON REGARDING PUMP STATION EB -4 This Lease is entered into this 2.3d day of UJ 4 , 2018, between Donna C. Hammargren, owner of Kitsap County tax parcel n tuber 3949-000- 007-0506 as her separate property (hereinafter "Lessor"), and the City of Bremerton, a municipal corporation (hereinafter "Lessee"). WHEREAS, Lessor has for the past thirteen years leased to Lessee certain real property, upon which Lessee owns, operates and accesses a facility known as Pump Station EB -4; and WHEREAS, Lessor and Lessee desire to enter into a new Lease for the property; NOW, THEREFORE, for valuable consideration and by mutual consent, the parties present this Lease agreement as follows: That the Lessor does hereby lease and demise unto Lessee the following described real property and premises (hereinafter the "Premises"), situated upon Lessor's tax parcel number 3949-000-007-0506 which has an address of 1621 Jacobsen Boulevard in the County of Kitsap and State of Washington, to wit: That portion of Lot 9, McTeigh's Garden Tracts in the northwest quarter of the northwest quarter of section 18, township 24 North, Range 2 East, W.M., described as follows: Beginning at the intersection of the south line of said Lot 9 and the westerly margin of Jacobsen Avenue and running thence westerly along said south line 20 feet; thence northeasterly, parallel to said westerly line of Jacobsen Avenue 20 feet; thence easterly parallel to said south line of Lot 9, to said westerly margin of Jacobsen Avenue; thence southwesterly along said westerly margin to the point of beginning. The Premises is pictured at Exhibit A, which is incorporated herein. Said Premises is leased with all appurtenances including the City facilities and access and egress therefor. The term of this Lease shall be twenty years beginning October 1, 2018 and ending September 30, 2038. Lessee shall have the option to extend the Lease for an additional term not exceed twenty years, upon written notice to Lessor at least sixty days prior to Lease expiration. The rent shall be sixty and no/100 dollars ($60.00) per year, payable in lawful money of the United States of America, in advance, on the first day of October each and every year during said term of this Lease. Lease for Pump Station EB -4 Pagel of 3 covenant, promise and agree to pay the rent in the manner hereinbefore specified, and not to lease or sublease the whole or any part of the Premises nor assign this Lease, or any interest therein, without the written consent of Lessor. At the expiration of the Lease term, Lessee will quit and surrender the Premises in as good condition as they are now, ordinary wear and damage by the elements or fire excepted. Lessor represents that she has legal title to the Premises and will hold harmless, indemnify and defend Lessee from any claims made relating to Lessor's interest in the Premises as represented herein. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LESSOR: Lease for Pump Station EB -4 Page 2 of 3 LESSEE: CITY OF BREMERTON kBy:EG WHEELER, Mayor Date: C, 2.0 [NOTARIES ON PA GE 3] APPROVED AS TO FORM: i ROGER A. LUBOV10H, Ci Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this C day of , 2018, before me a Notary Public in and for the State of Washington, personall ppeared DONNA C. HAMMARGREN to me known to be the individual that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that she were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- INdWyeTar'fit ESS TREOF, I have herein set my hand and official seal the day st awritten. Nota Pubiic NOTARY PUBLIC, in and for the State State Of ashington of Washington, residing at � e(f6 Shan on RaY My appointment expires Comml n Expuai os/0112021_.,,,_,.,.• STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this .40 day of S2A � , 2018, before me a Notary Public in and for the State of Washington, personally appeared GREG WHEELER to me known to be the Mayor of the City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box - WHEREOF, I have hereunto set my hand and official seal ,� J6, ve written. : `aOTARY ?� PUBLIC 18 9�' • • • • • • 18 NOTARY PUBLIC, in and for the S^Ato �wXsH` of Washington, residing at ' My appointment expires 6 .:" Lease for Pump Station EB -4 Page 3 of 3 Jacobsen Blvd - Google Maps Go gle Maps Jacobsen Blvd EXHIBIT A -1621 JACOBSEN BLVD Page 1 of 1 Image capture: Oct 2012 © 2018 Google Bremerton, Washington Google, Inc. Street View - Oct 2012 TC) 1621 Jacok ,a https://www.google.comlmapsl@47.5740606,-122.604693,3 a,89.9y,3 O2.92h,73.93t/data=! ... 3/20/2018