HomeMy WebLinkAboutOriginal agreementAGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
7A
SUBJECT: Lease Agreement between City Study Session Date: January 10, 2018
of Bremerton and Pack NW Marine Co. COUNCIL MEETING Date: January 17, 2018
(dba Freedom Boat Club) for commercial Department: Parks and Recreation
office space adjacent to the Louis Mentor Presenter: Jeff Elevado
Boardwalk Phone: (360) 473-5428
SUMMARY: The commercial office space located adjacent to the Louis Mentor Boardwalk has
remained vacant for several years. The City has been approached by Pacific Northwest Marine Co.
(dba Freedom Boat Club) with a proposal to lease the space for the operation of a boat membership
company. The owner has secured slips at the Bremerton Marina with the Port of Bremerton for
mooring their vessels and will use the office space for administration and training purposes.
The lease amount is $720.00 per month and does not include utilities. The lessee is also responsible
for payment of Lease Hold Excise Tax.
ATTACHMENTS: 1) Lease Agreement; 2) Exhibit A (Location Map)
FISCAL IMPACTS (Include Budgeted Amount): Lease Revenue of $8,640 per year.
STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ® General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the Lease
Agreement with Pacific NW Marine Co. (dba Freedom Boat Club) with substantially the same terms
and conditions as presented.
COUNCIL ACTION: [Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
LEASE
This Lease is entered into this 17th of January, 2018, by and between THE CITY OF
BREMERTON, a Washington municipal corporation ("Lessor"), and PACIFIC NORTHWEST
MARINE COMPANY dba FREEDOM BOAT CLUB, a Washington corporation ("Lessee"),
as follows:
1 PREMISES. Lessor leases to Lessee and Lessee leases from Lessor upon the terms
and conditions herein that certain space (the "Premises") containing approximately 450 square feet
of net leasable floor area, all as shown on Exhibit A attached hereto and incorporated by this
reference. The Premises constitute a portion of a building (the "Building") located at 140
Washington Avenue, Bremerton, Washington.
2. TERM. This Lease shall commence on February 1, 2018 (the "Commencement
Date") and shall end on December 31, 2020 (the "Termination Date"). Lessee shall have the right
to terminate this Lease at any time after one (1) year from Lease Commencement Date upon sixty
(60) days written notice. Lessee shall have the right to renew the Lease for an additional term of
three (3) years with written notice of intent to renew ninety (90) days prior to the termination date.
3. CONSIDERATION.
(a) Rent. Lessee agrees to pay Lessor as Rent, without notice or demand, the
sum of seven hundred twenty and 00/100 dollars ($720.00) per month ("Rent"), in advance, on
or before the first day of the first full calendar month of the term hereof and a like sum on or before
the first day of each and every successive calendar month thereafter during the term hereof.
Effective January 1, 2019, and January 1, 2020, the Lease will be increased based upon 100% of
the Seattle/Tacoma/Bremerton CPI -W, but in no event shall the Rent be less than seven hundred
twenty dollars and 00/100 dollars ($720.00) per mnonth. In addition Lessee is responsible for
paying leasehold excise tax as set forth in Subsection (b) below.
(b) Leasehold Excise Tax. In addition to the Rent, Lessee shall pay a leasehold
excise tax, pursuant to RCW 82.29A.030, currently in the amount of 12.84% of the base Rent and
may be adjusted pursuant to Chapter 82.29'A RCW. Lessee shall pay'the leasehold tax with the
monthly payment.
(c) Overdue Rent. Unpaid installments of the Rent or other sums due
hereunder shall, if not timely paid, be subject to a late charge of fifty and 00/100 dollars ($50.00)
to cover the excess cost of administration and shall bear interest from the date due.of twelve percent
(12%) until all Rent and interest have been paid in full. Lessee hereby further agrees to pay any
attorneys' fees and expenses incurred by Lessor by reason of Lessee's failure to pay monthly Rent
or other charges when due hereunder.
(d) Hold Over. If Lessee remains in possession of the Premises or any part
thereof after the expiration of the term of this Lease without the express written consent of
Lessor, such occupancy shall be a tenancy from month-to-month at a rate in the amount of one
hundred twenty percent (120%) of the last monthly Rent, plus all other applicable charges
payable hereunder, and upon all the terms hereof applicable to a month-to-month tenancy.
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Lease Agreement
(e) Deposit. Lessee shall pay a deposit of seven hundred twenty and 00/100
dollars ($720.00) prior to occupying the Premises. Lessor shall apply the deposit to any unpaid
rent upon Lease termination, and/or any damage caused by Lessee beyond normal wear and tear.
4. USE OF PREMISES. Lessee's use and occupancy of the Premises shall be for
general office purposes, as well as use of the Premises needed to conduct the Lessee's corporate
activities. No other use shall be allowed without the express written consent of the Lessor.
Lessee shall not use said Premises or any part thereof for any illegal purpose.
Lessee at its sole cost agrees to conform to municipal, county, and state codes, statutes, ordinances,
and regulations concerning the use, occupation and maintenance of said Premises, and concerning
the operation of its business. Lessee shall not introduce or allow any hazardous waste in or upon
the Premises.
At the expiration of the Lease, Lessee shall:
(a) Remove all trade fixtures and personal property from the Premises;
(b) Remove all fixtures, additions, alterations, modifications or other
improvements installed in or made to the Premises by or at the request of Lessee, and restore the
Premises as they existed immediately prior to the making of the improvements; provided that
Lessee shall not be required to remove any improvements if Lessor, in its sole discretion, agrees
in writing; and
(c) Surrender the Premises to Lessor in as good condition and state of
repair as Lessee is required to keep and maintain them pursuant to the Lease, reasonable wear and
tear accepted. If Lessee fails to remove any improvements or restore the Premises pursuant to (b)
of this Paragraph 4, Lessor may provide written notice to Lessee, and after fifteen (15) days Lessor
may, at Lessee's sole risk and expense, perform such removal or restoration (by contract or
otherwise) by the most expeditious means available to Lessor. Lessee shall reimburse Lessor for
cost and expenses incurred by Lessor to accomplish such removal and restoration. Further, if
Lessee fails to remove all personal property from the Premises upon the expiration of the term,
Lessor may remove and store such property in any place selected by Lessor at the sole risk and
expense of the Lessee.
5. UTILITIES. Lessee agrees to pay all charges for water and sewer service, power,
garbage pickup, janitorial, telephone, and for all other utilities which shall be used in the Premises
during the full term of this Lease.
6. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be
made any alterations, improvements, or changes to the Premises or any part thereof
("Improvements") without the prior written consent of Lessor. With respect to such
Improvements, Lessor's consent shall not be unreasonably withheld. The Improvements shall be
made at Lessee's sole cost and expense, and the Premises and Lessee's leasehold interest therein
shall remain free from any lien of any kind whatsoever, and construction of such Improvements
shall be done in compliance with all laws and governmental requirements.
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Lease Agreement
7: MAINTENANCE AND REPAIRS.
(a) Lessee's Obligations. By taking possession of the Premises, Lessee shall
be deemed to' have accepted the Premises as being clean and in good order, condition, and repair.
Lessee shall, at Lessee's expense, keep the Premises and every part thereof in good condition and
repair (except as hereinafter provided with respect to Lessor's obligations set forth in paragraph
7(b) below). Lessee shall, upon the expiration or sooner termination of this Lease, surrender the
Premises to Lessor clean and in good condition and repair, excepting only ordinary wear and tear
and destruction or damage by such conditions over which Lessee has no control, or such damage
as may be due to the failure of Lessor to comply with any covenant herein contained to be
performed by Lessor. Damage caused by Lessee's use of the Premises shall be repaired at the sole
cost and expense of Lessee.
(b) Lessor's Obligations. Lessor shall, at Lessor's expense, repair and
maintain the structural portions of the Building, including the roof, foundation, bearing and
exterior beams and supports, subflooring, plumbing, pipes, electrical wiring and conduits within
and serving the premises. There shall be no abatement of Rent and no liability of Lessor by reason
of any injury to or interference with Lessee's business arising from the making of any repairs,
alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures,
appurtenances, and equipment.
8. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and the
Building and land on which the Premises are situated free from any liens arising out of any work
performed, materials furnished, or obligations incurred by Lessee.
9. HOLD HARMLESS. Lessee shall indemnify and hold harmless Lessor from and
against any and all claims arising from Lessee's use of the Premises or from the conduct of its
business or from any activity, work, or other things done, permitted, or suffered by Lessee in or
about the Premises or arising from any act, omission or negligence of Lessee or any officer, agent,
employee, guest, or invitee of Lessee, including all costs of defense and attorneys' fees. Lessee,
upon notice from Lessor, shall defend all such claims at Lessee's expense. Lessee hereby assumes
all risk of damage to property or injury to persons in, upon, or about the Premises from any cause
other than the sole negligence of Lessor, and Lessee hereby waives all claims in respect thereof
against Lessor. Lessor or its agent shall be not liable for any loss or damage to persons or property
resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak
from any part of the Building or from the pipes, appliances, or plumbing works therein or from the
roof, street, or subsurface, or from any other place resulting from dampness, or from any other
cause whatsoever, unless caused by or due to the sole negligence of Lessor or its agents. Lessee
shall give prompt notice to Lessor in case of casualty or accidents in the Premises.
Lessor shall indemnify and hold harmless Lessee from and against any and all claims
arising from the activities of Lessor in connection with the Premises, or arising from the sole
negligence of Lessor or any officer, agent, employee, guest or invitee of Lessor, including all costs
of defense and attorneys' fees. In any action or proceeding brought against Lessee by reason of
such claim, Lessor, upon notice from Lessee, shall defend the same at Lessor's expense.
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Lease Agreement
10. RELEASE AND WAIVER OF SUBROGATION. Lessor and Lessee will each
look to their own insurance for recovery of any loss resulting from fire or other casualty. Lessor
and Lessee release one another from such claims. Lessor and Lessee waive any right of recovery
of insured claims by anyone claiming through them, by way of subrogation or otherwise, including
their respective insurers. This release and waiver remains effective despite either party's failure
to obtain insurance. If either party fails to obtain insurance, it bears the full risk of its own loss.
11. LIABILITY INSURANCE; HAZARD INSURANCE.
(a) Liability Insurance. Lessee shall, at Lessee's expense, obtain and keep in
force during the term of this Lease a policy of comprehensive public liability insurance insuring
Lessor and Lessee against any liability arising out of the Lessee's use, occupancy, or maintenance
of the Premises. Such insurance shall be in amount not less than $2,000,000 Combined Single
Limit with respect to injuries to or death of persons, and/or destruction of or damage to property;
provided, however, that Lessor acknowledges and agrees that Lessee may self -insure its liability
up to $1,000,000. The limit of any such insurance shall not, however, limit the liability of Lessee
hereunder. Lessee may provide this insurance under a blanket policy provided said insurance shall
have a Lessor's protective liability endorsement attached thereto. If Lessee shall fail to procure
and maintain said insurance, Lessor may, but shall not be required to, procure and maintain the
same at the expense of Lessee. Lessee shall deliver to Lessor, prior to right of entry, certificates
evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to
Lessor. All such policies shall be written as primary policies not contributing with and not only
in excess of coverage which Lessor may carry.
(b) Hazard Insurance. Throughout the term of this Lease, Lessor shall
procure and maintain fire, hazard and extended coverage insurance. Should the property become
uninhabitable due to loss or become uninhabitable for any other reason either party shall have the
option of terminating this Lease.
12. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all
movable property, furniture, furnishings and trade fixtures, other than those affixed to the Premises
so that they cannot be removed without material damage, shall remain the property of and be
removable by Lessee, and in case of damage by reason of such removal, Lessee shall restore the
Premises, Building or common areas to good order and condition. Lessee shall pay or cause to be
paid before delinquency any and all taxes levied or assessed and which become payable during the
term hereof upon all Lessee's Improvements, equipment, furniture, fixtures, and other personal
property located in the Premises.
13. ENTRY BY LESSOR. At any and all reasonable times during regular business
hours, upon one (1) day's prior notice to Lessee, Lessor reserves and shall have the right to enter
and inspect the Premises, to submit the Premises to prospective purchasers or Lessees, to repair
the Premises and any portion of the Building that Lessor may deem necessary or desirable,
without abatement of Rent, and may for the purpose place equipment and work vehicles where
reasonably required by the character of the work to be performed, providing that the entrance to
the Premises shall not be blocked and the business of Lessee shall not be interfered with
unreasonably. Lessee hereby waives any claim for damages or for any injury or inconvenience
or interference with Lessee's business or any loss of occupancy or quiet enjoyment of the
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Lease Agreement
Premises, and any other loss occasioned thereby, if Lessor shall have taken reasonable measure
to avoid such losses. Lessor shall have the right to use any means which Lessor deems proper to
access the Premises in an emergency, without liability to Lessee except for any failure to
exercise due care for Lessee's property, and any such. entry to the Premises by Lessor shall not
under any circumstances be deemed to be forcible or unlawful entry into a detainer of the
Premises or an eviction of Lessee from the Premises or any portion thereof.
14. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by
operation of law assign, transfer, mortgage, pledge, hypothecate, or encumber this Lease or any
interest therein and shall not sublet the Premises or any part thereof or allow any person (the
employees, agents, servants, and invitees of Lessee excepted) to occupy or use the Premises or any
portion thereof, without the prior written consent of Lessor, which consent by Lessor shall not be
unreasonably withheld. Any such assignment or subletting without compliance with the terms of
this paragraph shall be void and shall, at the option of Lessor, constitute a default under the terms
of this Lease. If Lessee is a corporation, any transfer of this Lease from Lessee by merger,
consolidation, or liquidation or any change in the ownership or power to vote in the majority of
the outstanding voting stock of Lessee shall constitute an assignment for purposes of this
paragraph. Consent to one assignment, subletting, occupation, or use by any other person shall
not be deemed to be consent to any subsequent assignment, subletting, occupation, or use by
another person. Consent to any such assignment or subletting shall in no way relieve Lessee of
any liability under this Lease. Lessor may assign the Rent herein provided to any person,
partnership, corporation, or bank, and Lessee agrees when notified in writing by Lessor of such
assignment to make the Rent payments to assignee under the terms of said assignment.
15. LESSEE'S DEFAULT. The occurrence of any one or more of the following
events shall constitute a default and breach of this Lease by Lessee.
(a) Abandonment. Lessee vacates or abandons the Premises; or
(b) Failure to Pay Rent. Lessee fails to make any payment of Rent or any
other payment required to be made by Lessee hereunder, as and when due; or
(e) Failure to Observe Other Covenants. Lessee fails to observe or perform
any of its covenants, conditions, or provisions of this Lease, where such failure shall continue for
a period of thirty (30) days after written notice thereof by Lessor to Lessee; provided, however,
that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required
for such cure, then Lessee shall not be deemed to be in default if Lessee commences such cure
within said thirty (30) days and thereafter, diligently prosecutes such cure to completion; or
(d) Misrepresentation. Lessee makes or has made any warranty,
representation or statement to Lessor in connection with this Lease, or any other agreement to
which Lessee and Lessor are parties, which is or was false or misleading in any material respect
when made or furnished; or
(e) Failure to Take Possession. Lessee fails to take possession of the Premises
when Lessor delivers the same by notifying Lessee that the Premises are ready for occupancy; or
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Lease Agreement
(f) Insolvency. Lessee becomes insolvent or goes into bankruptcy.
16. REMEDIES ON DEFAULT.
(a) Termination and Entry. In the event of any default or breach by Lessee,
Lessor may, at any time thereafter with or without: notice or demand, terminate this Lease by
written notice to Lessee, reenter and take possession of the Premises without termination of this
Lease, or pursue any remedy allowed by law. Lessee agrees to pay Lessor the cost of recovering
possession of the Premises, the expense of reletting, and any other costs or damages arising out of
Lessee's default including, without limitation, the costs of removing persons and property from the
Premises, the costs of repairing or altering the Premises for reletting, brokers' commissions, and
legal expenses and fees. Notwithstanding any termination, reentry, or reletting, the liability of
Lessee for the Rent for the balance of the term of this Lease shall not be extinguished and Lessee
shall pay and Lessor may recover from Lessee at the time of termination, reentry, or reletting, the
excess, if any, of the amount of the Rent reserved in this Lease for the balance of the term hereof
over the then reasonable rental value of the Premises for the same period. Reasonable rental value
shall mean the amount of rental which Lessor does or could reasonably be expected to obtain as
rent for the remaining balance of the Lease term. In the event that Lessor relets the Premises or
any part thereof without first terminating Lessee's right to possession pursuant to this Lease, Lessor
reserves the right, at any time thereafter, to elect to terminate Lessee's right to possession to that
portion of the Premises for the default that originally resulted in the reletting.
(b) Removal of Personal Property. In the event of a retaking of possession of
the Premises by Lessor, Lessee shall remove all personal property located thereon. Upon failure
to do so and demand of Lessor, Lessor may remove and store the same in any place selected by
Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee. If
Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of
thirty (30) days or more, Lessor may sell any such property at a public or private sale and shall
apply the proceeds of such sale first to the cost of such sale, second to the payment of the charges
for storage, if any, and third to the payment of any other sums of money which may be due from
Lessee to Lessor under the terms of this Lease, and any balance to Lessee. Lessee hereby waives
all claims for damages that may be caused by Lessor's lawfully reentering and taking possession
of the Premises or lawfully removing and storing the property of Lessee as herein provided and
will save Lessor harmless from loss or damages occasioned by Lessor thereby, whether such lawful
reentry shall be considered or construed to be a forcible entry.
(c) Remedies Cumulative. The remedies hereinafter described shall be
cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to
Lessor under the law or judicial decisions of the State of Washington.
17. EMINENT DOMAIN. If the whole of the Premises (or the whole or part
of the Building) shall be acquired or condemned by Lessor by eminent domain for any public or
quasi -public use, or if a part of the Premises is so taken so that the Premises are rendered unsuitable
for the business of Lessee, then the term of this Lease shall terminate as of the date title or
possession shall be transferred in such proceeding, whichever shall occur first. In the event of a
partial taking or condemnation which is not extensive enough to render the Premises unsuitable
for the business of Lessee, then Lessor shall restore the Premises to a condition comparable to its
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Lease Agreement
condition immediately prior to such taking less the portion lost in the taking, and this Lease shall
continue in full force and effect provided, however, that the Monthly Rent shall abate in the same
ratio that the' portion of the Premises so taken bears to the whole of the Premises. Lessor shall
have the right to receive the compensation of damages awarded upon either such total or partial
taking and Lessee shall have no claim thereto; provided that Lessee may independently pursue an
award or compensation for the taking of Lessee's personal property or fixtures or for the
interruption of or damage to Lessee's business and for any other interest of Lessee.
18. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store,
deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage,
petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease -
producing substances, hazardous materials, toxic substances or any pollutants or substances
defined as hazardous or toxic in accordance with applicable federal, state, and local laws and
regulations ("Hazardous Substances") in, on or about the Premises. Lessee shall indemnify, hold
harmless and defend Lessor from any and all claims, liabilities, losses, damages, cleanup costs,
response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way
related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence
of such Hazardous Substances in, on or about the Premises occurring at any time after the
Commencement Date and arising out of the activities of Lessee, or any of its agents,
representatives or employees. The provisions of this paragraph shall survive termination or
expiration of this Lease.
19. GENERAL PROVISIONS. Lessor and Lessee agree to the following general
provisions:
(a) Waiver. The waiver by Lessor of any term, covenant, or condition herein
contained shall not be deemed to be the waiver of such term, covenant, or condition upon any
subsequent breach of the same or of any other term, covenant, or condition herein contained. The
subsequent acceptance of Rent hereunder by Lessor shall not be deemed to be a waiver of any
preceding default by Lessee of any term, covenant, or condition of this Lease other than the failure
of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such
preceding default at the time of the acceptance of such Rent.
(b) Time. Time is of the essence for this Lease and each and all of its provisions
in which performance is a factor.
(c) Paragraph Headings. The paragraph headings of this Lease are not a part
of this Lease and shall have no effect upon the construction or interpretation of any part hereof.
(d) Successors and Assigns. The covenants and conditions herein contained,
subject to the provisions as to assignment, apply to bind the heirs, successors, executors,
administrators, and assigns of the parties hereto.
(e) Recordation. Neither Lessor nor Lessee shall record this Lease, but a short
form memorandum hereof may be recorded at the request of Lessor.
(0 Quiet Possession. Upon Lessee paying the Rent reserved hereunder and
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Lease Agreement
performing all of the covenants, conditions, and provisions on Lessee's part to be observed and
performed hereunder, Lessee shall have quiet possession of the Premises for the entire'term hereof.
The Premise's are leased subject to any and all existing encumbrances, conditions, rights,
covenants, easements, restrictions, rights-of-way, and any matters of record, applicable zoning and
building laws, and such matters as may be disclosed by inspection or survey.
(g) Prior Agreements. This Lease contains all of the agreements of the parties
hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose. No provision of
this Lease may be amended or added to except by agreement in writing signed by the parties hereto
or their respective successors in interest. This Lease shall not be effective or binding upon any
party until fully executed by both parties hereto.
(h) Inability to Perform. The tirne period within which any party is to fulfill
an obligation of such party under this Lease shall be extended by such time period that party is
unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay
is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable
control of such party.
(i) Severability. Any provisions of this Lease which shall prove to be invalid,
void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such
other provision shall remain in full force and effect.
(j) Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall whenever possible be cumulative with all other remedies at law or in equity.
(k) Choice of Law and Attorney's Fees. This Lease shall be governed by the
laws of the State of Washington. The parties agree that venue for any action hereunder shall
properly lie in Kitsap County, Washington. Unless otherwise set forth in this Lease, each party
shall be responsible for all its own costs and fees in the event of a dispute.
(1) Execution. This Lease may be executed in several counterparts, each of
which shall be deemed an original instrument.
(m) Notices. All notices to be given hereunder shall be in writing and shall be
personally delivered and receipt acknowledged, sent by United States certified mail, return
receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by
overnight delivery through public or private service, delivery charge prepaid, and addressed to
the party at the respective mailing address as herein set forth.
Pacific Northwest Marine Co. dba Freedom Boat Club . Page 8 of 10
Lease Agreement
To Lessor at:
City of Bremerton
345 Sixth St., Suite 100
Bremerton, WA 98337
To Lessee at:
cific Northwest Marin6Company
DBA Freedom Boat Club
821 Dock Street, PMB 2-1
Tacoma, WA 98402
It is understood that each party may change the address to which notice may be sent by
giving a written notice of such change to the other party hereto in the manner herein provided.
(n) Lessee's Corporate Authority. Lessee is a Washington corporation, and
each individual executing this Lease on behalf of said corporation represents and warrants that he
or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in
accordance with a duly adopted resolution of the board of directors of said corporation or in
accordance with the bylaws of said corporation, and that this Lease is binding upon said
corporation in accordance with its terms. Lessee further represents and warrants that it is fully
registered and qualified to do business in the State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year
first above written.
LESSOR
CITY OF BREMERTON
,Y, wl.,
By: GreQVheeler
Its: Mayor
LESSEE
PACIFIC NORTHWEST MARINE CO.
I PR
B Its: PresidentA
•Jt
[NOTARY SIGNATURES ON NEXT PAGE]
Pacific Northwest Marine Co. dba Freedom Boat Club
Lease Agreement
Page 9 of 10
STATE OF WASHINGTON)
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that e"'ra Gtr is
the person who appeared before me, and said person acknowledged that he/she signed this
instrument on oath stated that he/she was authorized to execute the instrument, and acknowledged
it as theof the City of Bremerton to be the free and voluntary act of such City
for the uses and urposes mentioned in the instrument.
DATED: '�' 1 '' O
Notary Public
State of Washington
Shannon L. Corin
Commission Expires
11-17-2019
STATE OF WASHINGTON)
COUNTY OF ietS-AP )
NOTA PUBLIC in and for the State of
Washington, residing at 7--- it l t&i
My commission expires ////?N.
10i
I certify that I know or have satisfactory evidence that " G'n cile., i'e%'A
is the
person who appeared before me, and said person acknowledged that he/she signed this instrument,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
Pro d'. of the kLp to be the free and voluntary act of such corporation
for the uses and purposes mentioned in the instrument.
c
DATED:
\x%%%111 1011,fi
ON Cl/.
9�:U0 N�i
NOTARY
* : PUBLIC =`
01• •7. .`jOF WAS"ff
NOTARY PUf3LIC in and for the State of
Washington, residing at
My commission expires Iz /e1/Z*,f
Pacific Northwest Marine Co. dba Freedom Boat Club Page 10 of 10
Lease Agreement
q EXHIBIT A
tt �
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
CERTIFICATE OF LIABILITY INSURANCE
1/30/2018
PRODUCER
INSR
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
TCA, Inc.
�+
RECEIVED
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
10188 Big Canoe
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Jasper, GA 30143
FEB 2 12018
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
LIMITS
INSURED
❑
GENERAL LIABILITY
Pacific Northwest Marine
Company City of Bremerton
INSURER A: Federal Insurance Company
20281
dba Freedom Boat Club
Risk Management
DAMAGE TO RENTED
821 Dock Street #208
INSURER B:
Tacoma, WA 98402
PREMISES (Ea occurrence) $1,000,000
A
INSURER C:
❑ —
❑
79941560
rnvFRnrFc
1/1/2019
MED EXP (Any one person) $10,000
PERSONAL& ADV INJURY $1,000,000
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADDT
Bremerton, WA 98337
POLICY
POLICY EFFECTIVE
POLICY EXPIRATION
LTR
INSRD
TYPE OF INSURANCE
NUMBER
DATE
DATE
LIMITS
❑
GENERAL LIABILITY
EACH OCCURENCE$2,000,0 00
p COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
❑ CLAIMS MADE El OCCUR
PREMISES (Ea occurrence) $1,000,000
A
❑ —
❑
79941560
1/1/2015
1/1/2019
MED EXP (Any one person) $10,000
PERSONAL& ADV INJURY $1,000,000
—
GEN'LAGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE 52.000.000
0 POLICY[ ] PROJECT[ ] LOC
PRODUCTS - COMP/OP AGG $1,000,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
❑ ANY AUTO
❑
ALL OWNED AUTOS
(Each Occurrence) $
BODILY INJURY
$
❑ SCHEDULED AUTOS
❑ HIRED AUTOS
(Per person)
BODILY INJURY
$
El NON -OWNED AUTOS
(Per accident)
❑
PROPERTY DAMAGE
❑
(Per accident) $
❑
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
❑ ANY AUTO
OTHER THAN EA ACC $
❑—
AUTO ONLY: AGG $
❑
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE $
❑ OCCUR ❑ CLAIMS MADE
AGGREGATE $
❑ DEDUCTIBLE
$
❑ RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
❑ WC STATU- ❑ OTH-
TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECU-TIVE
OFFICER/MEMBER EXCLUDED?
E.L. EACH ACCIDENT
If yes, describe under
E.L. DISEASE - EA EMPLOYEE
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
J❑
OTHER
DESCRIPTION OF OPERATIONS / SPECIAL PROVISIONS:
As required by written contract, the City of Bremerton is named as an Additional Insured on a primary and non-contributory basis with a Waiver of
Subrogation under the above referenced policy for space the Insured is leasing at 140 Washington Ave, Bremerton, WA 98337.
CERTIFICATE HOLDER
a..- -•• �••• ,.,,w111=uL uoas not amens, extena, or alter the coverage, terms,
exclusions, conditions, or other provisions afforded by the policies referenced herein.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Bremerton
EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR
345 Sixth St., Suite 100
TO MAIL 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Bremerton, WA 98337
LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY
KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
This document is issued as a matter of informatinn nnly nnri rnnfure
a..- -•• �••• ,.,,w111=uL uoas not amens, extena, or alter the coverage, terms,
exclusions, conditions, or other provisions afforded by the policies referenced herein.
Endorsement
Policy Period January 1, 2018 to January 1, 2019
Effective Date January 1, 2018
Policy Number 79941560
Assured Pacific Northwest Marine Company dba Freedom Boat Club
Name of Company FEDERAL INSURANCE COMPANY
Date Issued January 30, 2018
Additional Insured As required by written contract, as its interests may appear, the
City of Bremerton is named as an Additional Insured on a
primary and non -contribute asis with a Waiver of Subrogat
under the above referenced policy for space the Insured is leasing
at 140 Washington Ave, Bremerton, WA 98337.
City of Bremerton, 345 Sixth St., Suite 100, Bremerton, WA 98337
Nothing herein contained shall be held to vary, alter, waive, or extend any of the
terms, conditions, provisions, agreements or limitations of the above mentioned
Policy, other than as above stated.
In Witness Whereof, the Company has caused this endorsement to be signed by a
duly authorized representative of the Company.
Authorized Representative
Form 12-02-0287 (Ed. 09-02) Endorsement Page 1 of 1