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5435
NATURAL RESOURCES, DEPT OF (WA STATE)
InterAgency Agreement No. IAA 15-47 Puget SoundCorps
for Urban Forestry Maintenance
PW Admin
LEG 12-1
io/i/2o14
9/30/2015
10/1/2015
Comments:
When recorded, return to:
City of Bremerton
100 Oyster Bay Avenue North
Bremerton, WA 98312
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WASHINGTON STATE DEPARTMENT OF
IVatural Resources
Peter Goldmark - Commissioner of Public Lands
LEASE RENEWAL
Lease No. 22-002784
Grantor: Washington State Department of Natural Resources
Grantee(s): City of Bremerton
Legal Description: Section 13, Township 24 North, Range 1 East, W.M.
Assessor's Property Tax Parcel or Account Number: Not Applicable
Assessor's Property Tax Parcel or Account Number for Upland parcel used in conjunction with
this lease: 132401-2-014-2002
THIS LEASE RENEWAL is made by and between the STATE OF WASHINGTON, acting
through the Department of Natural Resources ("State"), and CITY OF BREMERTON, a
governmental agency/entity ("Lessee").
BACKGROUND
A. Lease No. 22-002784 was entered into on the 15th day of June, 1995, by and
between CITY OF BREMERTON as Lessee and the STATE OF
WASHINGTON, acting by and through the Department of Natural Resources, as
landlord ("State"), and recorded with the Kitsap County Auditor's office under
recording number N/A (the "Lease").
B. The lease was previously amended by renewals respectively dated June 15, 2007
and June 15, 2011. Copies of the renewals are attached as Exhibit 1. Lessee now
possesses the rights, duties, and liabilities under the Lease as amended.
Lease Renewal Page 1 of 32 Lease No. 22-002784
C. The parties now desire to renew this Lease under the following terms and
conditions: -
THEREFORE, the parties agree as follows:
SECTION 1 RENEWAL
The Lease is hereby renewed for one four (4) year term, beginning on the 15th day of June,
2015, and ending on the 14th day of June, 2019, unless terminated sooner under the terms of the
Lease or this Lease Renewal.
SECTION 2 RENT
Lessee shall pay to State an initial Annual Rent of Zero Dollars ($0). The initial Annual Rent
shall be adjusted thereafter based upon the terms and conditions contained in the Lease.
SECTION 3 AMENDMENTS
The parties to the Lease Renewal agree that no amendments to the Lease other than to the Term
and to the initial Annual Rent are made by this Lease Renewal.
SECTION 4 CONFIRMAT�ON OF LEASE
All other terms of the Lease not inconsistent with this Lease Renewal are hereby affirmed and
ratified.
Lease Renewal Page 2 of 32 Lease No. 22-002784
SECTION 5 RECORDATION
At Lessee's expense and no later than thirty (30) days after receiving the fully-executed Lease
Renewal, Lessee shall record this Lease Renewal in the county in which the Property is located.
Lessee shall include the parcel number of the upland property used in conjunction with the
Property, if any. Lessee shall provide State with recording information, including the date of
recordation and file number.
THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last
signature below.
Dated: �� � �� , 20
Dated:
CITY OF BREMERTON
By: P T NT
Title: OR OF BREMERTON
Address: 100 Oyster Bay Avenue North
Bremerton, WA 98312
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
By: PETER GOLDMARK
Title: COMMISSIONER OF PUBLIC LANDS
Address:
Approved as to form this
October 2003
Mike Grossmann, Assistant Attorney General
20
950 Farman Ave North
Enumclaw, WA 98022-9282
Lease Renewal Page 3 of 32 Lease No. 22-002784
REPRESENTATNE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
County of ���Sn.(� )
_,�.
I certify that I know or have satisfactory evidence that PATTY LENT is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the
CITY OF BREMERTON to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated: 3\'�S� �� `
i e)
(Seal or stamp)
�� M' �EN
• +-�"•
�. � EXP�R �• O
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3'T,q OF WP
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Notary Public in and for the State of
Washin ton, residing at
� a ��
My appointment expires q-1S�C
Lease Renewal Page 4 of 32 Lease No. 22-002784
STATE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
County of Thurston )
I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the Commissioner of
Public Lands, and ex officio administrator of the Department of Natural Resources of the State of
Washington to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated:
(Seal or stamp)
(Signature)
(Print Name)
Notary Public in and for the State of
Washington, residing at
My appointment expires
Lease Renewal Page 5 of 32 Lease No. 22-002784
EXHIBIT 1
When rca►rcicci, rctum to:
� ity ot� I3nm�rton
3027 ()lyrnpus Drive
fircmerton, WA 98310
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WASHINGTON STATE DEPARTMENT OF
Natural Resources
Peter Goldmark - Commissioner of Public Lands
LEASE RENEWAL
Lease No. 22-002784
Grantor: Washington Statc Department of Natural Resources
Grantee(s): City of Bremerton
Le�al Description: Section 13, Township 24 North, Range 1 Cast, W.M. A complete legal
description is located in Exhibit A of the Lease.
Assessor's Property Tax Parcel or Account Number: Not Applicable
Assessor's Property Tax Parcel or Account Number lor Upland parcel used in conjunction with
this lease: 132401-2-014-2002
THIS LEASE RENEWAL is made by and between the STATE OF WASHfNGTON, acting
through the Department of Natural Resources ("State"), and CITY OF BREMERTON
a governmental agency/entity ("Lcssce").
BACKGROUND
A. Lease No. 22-002784 was entered into on the 15th day of June, 1995, by and
between CITY OF BREMERTON as lessee and the STATE OF WASHINGTON,
acting by and through the Department of Natural Resources, as landlord ("State"),
and recorded with the Kitsap County Auditor's office under recording number
N/A (the "Lease").
Lease Renewal Page I of 5 Lease No. 22-002784
Lease Renewal Page 6 of 32 Lease No. 22-002784
EXHIBIT 1
13. 'I�he Irasc was �rc��iuusly amcn�icd hy rcncwal respcctivc.ly dated Jun� l5, 2007.
('c�pie� ot�th� rcn�wal ar� aUach�d as f:xhibit I. [..rssce nc>w �ossesses the rights,
�iuties, �►nd liabilities under ihe Lcase as arnended.
C. "I'he partics now desire to rene�v this l.,ease under the lollowing terms and
conditions:
"fFIERI�[�ORE, the partics agrcc as follows:
SEC"1'[UN 1 12CN��VAI,
'Che l..ease is h�reby rcnewed lor une fuur (4) year term, beginning on the I Sth day of June, 2U 1 l,
and endinb on the 14th day of'.Iune, 2015, unless terminated sooner undcr the terms of the Lease
or this Lcase Renewal.
SECTIOIY 2 RENT
l.cssee sl�all pay to State an initial Annual I2ent of Zero I�ollars ($0) rel�tted to the norl-watcr-
depcndent use. "I'l�e initial Annual Rent shall be adjusted thereafter based upon the terms and
conditions contained in tl�e Lease.
SEC.TION 3 AMENDMENTS
1�he parties to tlze Lease Renewal agree that no amendments to the Lease other than to the Term
and io the initial Annual Itent are made by this Lease Renewal.
SECTIUN 4 CONFIRMATION OF LEASE
All other terms of the Lease not inconsistcnt with this Lease Renewal are hereby affirmed and
ratified.
SECTION 5 RECORDATION
At Lessee's expense and no later than thirty (;0) days after receiving the fully-executed Lease,
Lessee shall record this Lease in the county in which the Property is located. Tenant shall include
the parcel n�imber of the upland property used in conjunction with the Property, if any. Lessee
shall provide State with recording information, including the date of recordation and file number.
Lease Renewal Page 2 of 5 Lease No. 22-UO27S4
Lease Renewal Page 7 of 32 Lease No. 22-002784
EXHIBIT I
'l'1115 nGRF;f:Mf;N"(� r�quires the si�naturc: of ull parties ai�d is cxecuted as of the date ot�the last
SIbllIIlllCt hC�OW.
C'1'I�Y ()�� (31tE:MER'I'ON
l�atcd: --- �GL�t/� .� � :
I'A"fTY I,EN -
Title: Ma o
Address: 3027 Olympus Drive
13remerton, WA 98310
Dated: .� ,. "� `� , ?p//
:r �
5TA"TE OC WA5HING�I�ON
DEPnR"I'MENT OF NAI�URAL RESOURCES
� _: ) L _�..
, �/ l-t
RIDGET MURAN
Title: Deputy Supervisor
Address: 950 Farman Avenue North
Enumclaw, WA 98022-92$2
Approved as to Form this
October, 2003
Mike Grossmann, Assistant Attorney General
Approved as
BREAitER O�F�,T� TTORNEY
By ��
,� � f
Lease Renewal
Page 3 of 5
Lease No. 22-002784
Lease No. 22-002784
Lease Renewal Page 8 of 32
EXHIBIT 1
itl:l'It[�,SI:N"I'A"I�1V1� nC:KNOW1.L;l�(.;MI�N"['
�'I'A"fF� Ot� WASFfINCi"I'ON )
) ss.
CUUNTY OF I ' � )
I certity that I know or have satisfactory cvidence that 1'A"I'"I'Y LEN"1' is the person �vho appeared
bcfore rne, anci said person acknowled�;ed that she signed this instrument, on oath statcd that she
was authorired to execute the instrument and acknowledged it as the Mayor of'the City of
l3remcrton to be the free and voluntary act of such party. for the uses and purPoses mentioned in
the instrument. / j �' �� Q , ' +
C �G�' j� c- �� �� 1'�..-�'
Dated: ',Z � ���
NOYAAY PUBLIC
S?A1E OF WA$MINGTON
CAROI L ETGEN
COMMISSION IXPIfiES 12118i2012
Lease Renewal
�S��
y �U r �
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r � r - •�
(I'rint Name)
Notary 1'uh1i�'n and for the St te ot� Washin�;ton,
residing at� �� r, �lr� � �[."
My appointment expires �� , =� -/,-
Page 4 of 5
Lease Renewal Page 9 of 32
Lease No. 22-002784
Lease No. 22-002784
E}�HIBIT 1
ti"l'A"I'f; nC'KN()WI.I:(:)(;MEN'1'
5"I'I1"1'I; UI� WnSf IING"['ON 1
) ss
('uunty uf��,kJ� )
I ccrtity that t know or have satislactory evidence that [3RlUGET MURAN is the person who
ap�eared hefor� me, and said person acknowledged that she si�ned this instrument, on oath
stated that she w,.is authorizcd to execute the instrument and acknowled�ed it as the I)eputy
Sup�rvisor of�thc Department of�Naiural IZesources, to be llie f�ee anei voluntary act of such party
lor thc uscs and purposes mcntionc:d in the instrument.
ni1tC(�: — -�� 1\ 1�'t� , � �� � �'
\``\ ���� 1 i ii ' il►ii����� (5ignature)�
�,. �� ��...5�[fq%•,�. ��SY��� V
�` , `P.•�e�510N fXp/ •., �ri
_` : 4 � �ptaAr �� ' ' (Print Na�ne)
- _�� Notary Public in and for.thc State of� Washington,
P UB�� a ,�.;? z` residing at
; ��.�/ 'LO'
' � ••. 9
�'%,9r'•• �N My appointment expires
'�.,, Of Wj pS���•``
���r���iii�►���
Lease Renewal Page 5 of 5 Lease No. Z2-002784
Lease Renewal Page 10 of 32 Lease No. 22-002784
EXHIBIT I
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WASHINGTON STATE DEPARTMENT OF
Natural Resources
Peter Goldmark - Commissioner of Publu Lands
LEASE RENEWAL
Lease No. 22-002784
THIS LEASE RENEVVAL is made by and between the STATE OF VJASHINGTON, acting
through ihe Department of Natural Resources ("State"), and CITY O� BREMERTON
a government agency/entity ("Lessee").
BACKGROUND
A. Lease No. 22-002784 was entered into on the l 5'�' day of June 1995, by and
between CITY OF BREMERTON as Lessee and the STATE OF
WASHINGTON, acting by and through the Department of Natural Resources, as
landlord ("State"), and recorded with the Kitsap County Auditor's office under
recording number N/A (the "Lease").
B. The parties now desire to renew this Lease under the following terms and
conditions:
THEREFORE, the parties agree as follows:
SECTION 1 RENEWAL
1'he Lease is hereby renewed for one four (4) year term, beginning on the l Sth day of June 200%,
and ending on the ] 4th day of June, 2011 unless terminated sooner under the terms of the Lease
or this Lease Renewal.
SECTIO� 2 RENT
Lessee shall pay to State an initial Annual Rent of Z.ero Doliars ($0). T'he iniiial Annual Rent
shall be adjusted thereafler based upon the terms and conditions contained in the Lease.
Lease Renewa! Page 1 ot 5 Lease Na ?.2-�U2784
Lease Renewal Page 11 of 32 Lease No. 22-002784
EXHIBIT 1
SECTION 3 AMENDMENTS
The parties to the Lease Renewal agree that no amendments to the Lease other than to the Ternl
and to the initial Annual Rent are made by this Lease Renewal.
SECTION 4 CONFIRMATION OF LEASE
All other terms of the Lease noi inconsistent with this Lease Renewal are hereby affirmed and
ratified.
SECTION 5 REC4RDAT10N
At Lessee's expense and no later than thirty (30) days after receiving the fully-executed Lease,
Lessee shall record this Lease in the county in which the Property is located. Lessee shall include
the parcel number of the upland property used in conjunction with the Property, if any. Lessee
shall provide State with recording information, including the date of recordation and file number.
If Lessee fails to record this Lease, State may record it and Tenant shall pay the costs of
recording upon State's demand.
Lease Re.neu•al
Lease Renewal
Page 2 of'S
Page 12 of 32
Lease No. 22-002 i84
Lease No. 22-002784
EXHiBIT 1
THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last
signature below.
CITY OF BREMERTON
Dated: � �-Z �, 20 / � � ���
PATTY LE
Mayor
Address: � 3027 Olympus Drive
Bremerton, V�'A 98310
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
�^
r �
Dated: , t�-(� � / , 20� ' ��'�
c1 K IN S WENDDAL
Aquatics Division Manager
Address
Approved as to Farm this
October. 2403
Mike Grossmann, Assistant Attorney General
Lease Renewal
Lease Renewal
Page 3 of 5
Page 13 of 32
950 Farman Avenue North
Enumclaw, WA 98022-9282
Lease ?vo. 22-00?784
Lease No. 22-002784
EXHIBIT 1
REPRESENTATIVE ACKNOWLEDGMENT
STATE OF WASHINGTON
COUNTY OF
)
) ss.
)
I certify that I l:now or have satisfactory evidence that PATTY LENT is the person who appeared
before me, and said person acknowledged that she signed this instrument, on oath stated that she
w�as authorized to eaecute the instrument and acknowledged it as the May�or of the City of
Bremerton to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated: � �� � r}�;�'
_ �
NOTi4RY PUBLIC
STATE QF WASHINGTON
CAROL L ETGEN
COMMISSION IXPIRES 12/18/2012
Lease Renewal
Lease Renewal
� , .. , ,�.
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.:,,,�� %- � �"
( ignature) �
L� ! �-. � �� �I I
(Print Name)
Notary P��in and for zhe State of W�ashington,
residing at(;�,�r���i`C� .r:; �%, Le%/7
My appointment expires ����
Pa�e 4 c�f 5
Page 14 of 32
Lease tvo. 22
Lease No. 22-002784
ExiiiaiT i
STATE ACKNOVJLEDGMENT
STATE OF WASHII�GTON )
) ss
Coun � of���
t} �,= 4'�ti..v: � ( �
I certify that I know or have satisfactory evidence that KRISTIN SWENDDAL is the person who
appeared before me and said person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the Aquatic
Division Manager of the Department of Natural Resources, to be the free and voluntary act of
such part}� for the uses and purposes mentioned in the instrument.
/
Dated: ������// � '
. � �
� �������`�� %
� _ �. _
-
_ ° ° NOTARY
� FUt311C —
�`��'•• �
��9�•., �f�10 : �C�
�ii�� � WAS `�`����
Lease Renewal
Lease Renewal
! .
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� igna re)
� � ��— r
,� . (,�J�- c�-jv�- �—
(Print Nam --- .
Notary P ic in �nd for the S�,ate of Washington,
, n
residing �� n,^� �N
My appointment expires }' ( �� r� � �l�
Page 5 of 5
Page I S of 32
Lease iao. �2-G02784
Lease No. 22-002784
EXH181T I
�TATE OF WASHINGTON
DEPARTMENT OF NA'fLJRAL RE50URCES
JENNIFER M. BELCAER
Commissiomr of Public Ia�s
Olympia, Wuhingcon 98504
AQUATIC RESOURCES STORMWATER OUTfALL LEASE N0. 22-002784
WARREN AVE BASIN STORM DRAINAGE OUTFpi .7 .
THI5 LEASE AGRF.EMENT ('Lease") is made and entered into by and betwan STATE OF
WASHINGTON, acting in iu proprietary capaciry by and thrwgh the Departrnent of Natural Resources
(collecdvely referred to as "State"), and CITY OF BRENIERTOn', a Washingwn municipality, ("Lessee").
WHEREAS, State is the owner of that certain real property consisdng of aquatic ]ands lucated in
Ki[sap Counry, Washington, tLe survey, plat, diagram, and/or lega] description of which are set fonh in
Fxhibit A, attached hereto end incoiporated heroin; and
R'HERFAS, Lessee desires to lease the Property from State, and Su.:� desires to lease the Property �o
l.essee, pursuant w the terms and conditions set fonh herein;
NOW, THF.REFORE, in co�ideration of the mutual terms, covenanu az�d condicions set forth herein,
the pazties hereto agree as follows:
]. PROPER7']'
1.l $S�EL�.
(a) For and in consideration of Lessee's covenant to indemnify State as made in this Lease, and
the performance of the offier covenants and obligations of Lessee hereunder, Stau leases co Ixssee and
Lessee leases from Stace that certa�n rea! property described in Exhibit A'u�cluding a11 improvements thereon.
(b) The real propeny which is leased includes the public aquatic land together with the right to
occupy the water column for Lessee, its customers, invitees, approved sublessees, and employees. Said real
property and rights leased thereby are herein referred to as the 'Property."
(c) Except as is necessary to catry out Lessce's permiued use under Subsection 5.3 or Lessce's
obligations under SLbsection 5.6, Stau dces aot coavey the following rights:
1. A� right to disnub, alter or modify the aqua[ic land;
2. P.ny right to harvest or wllect sea life or living planis from the aquatic land, wa�er
column or water surface;
3. Any right to ezcavate or wichdraw sand, gravel, minerals, gas, oil or other material;
4. Any water or minetal righu.
5. Any right to damage or destroy aanual resources located on, in, above, or near the
P��rtY•
(d) Lasee's riQ,hts are subject [o all rights of the public, including all righ[s of the public which
State holds in trust, under the public trust doctrine, Federal Navigational Serviwde, and treaty rights of
Iixlian tribes.
(e) l.essce's rights are further subject to valid easementc and eacumbrances of rewrd as of �he
date of execution hereof as imted in the records of Kilsap Covnry, or on file in thc Office of the
Cemmssioner of Public La�Js. Olympia, P/ashington.
(� In execucing this I�ase, State is reJying on a survey and/or legal descripcian provided by the
Lesace. 'The Lessee ezpress]y asswnes alJ liability for the correcmess thereof and expressly agrees to
indemnify a�d save Larmless Srau, its employees, officers, aad agrnts for all liabiliry, damages, expenses,
causes of actian, sui�s, clam�s, cosu, fas (uxtudmg aunrneys' fee.s and costs), penalties or judgments nns;ng
out of Sia[e's use af or reliance on the i.essee's survey and/or legal description,
(g) TBe parties expressly agree t6at ii sedimem impact zone modeling or other evide�x
dcmonsvates the exis[ence of im�cu to sediraems or the rned for a sediment impaci zone, du Stau mey
modif�� or ternunate this lease. If ihe Slate requ'ves an expanded lease area, the I.essee agrees that it will
supply a revised Exhibii A.
Lease Renewal Page 16 of 32 Lease No. 22-002784
EXHIBIT 1
2. TE$M
2.1 �ffi. The term of this Lease is twelve (12) yean, commencing on June 15, 1995, which date shall
be relerred to as the "Commencement Date" ot �he term of this Lease, and ending on June 14, 2007. 'fhe
date upon which this L.ease terminates, whether at the end of the above atated term or upon such eariier date
in the event the l.ease is urminated, or canceled for any reason prior to the end of said period, shall be
referred to as the "Termination Da�e " TAe period between the Commencement Dau and Termination Date
is refened to herein as the "Term" of this I.ease.
2 2 Authoritv. This lease is entered into by State pursuant to the authority granted in Chapter 79.90
RCW � and the Corudmcion of tlx stau of Washington.
2.3 Renewal of che t�se. Lessee shall have the option to rer�ew this l.ease for three (3) addiiiona! terms
of four (4) years each. The initial ?erm of this Lease, a� all renewal cerms, shall not exceed twenry four
(24) years in tbe aggregate. I.essee shall exercise tltis optioa by providu� written notice of its election to
renew ai least ninery (90) days prior to the Trnninavon Date of the initiai Term or any renewal term of chis
Lease, L.essee shall not be entitled to renew if it is in default u�er the ternu of this I.ease at the time the
op[ion to renew is exercised or any time thneafier until the beginning of the next term.
3. $EI�T
3.1 Annual Rent. I.essce is not required to pay any rent in accordat�ce with RCW 79.90.470, or such
laws u hereafter shall be applicable ("Rent'). However, should Stau, during the Term of this I.ease be
authorized by staNU ro charge Lessee ttnt, the lollowing provisioas will apply.
(a) Rent is due and payable by Lessee to State and is the essence of this l.ease, and is e condition
precalent to the coatinuance of this I.ease or any rights thereunder.
1. Paymeat is to be made in advence on or before the initial Rent date in the amount to be
determined in accordance with RCW 79.90.470 -.540 and a like sum, as adjusted or revalued as provided
for herein, on or before the same day of each and every subsequeat year of the Term.
2. Payment is to be made to State in caze of the Deparunent of Namnl Resources,
Division oi Financial Services, 111 ] Washington Street SE, PO Box 47041, Olympia, VJashington
98504-7041. In the event I.essee has not received a statemenc from Stau prior to the date payment is due
under Subsection 3.1, Lessee shall pay an emoum equal to the previous year's rent prior to [hat payment
date, and sl�all pay the iemainder, if any, within thirty (30j days of bitliag by Stau.
(b) $evaluacion of Ren�. Stace ahall, on at the rnd of che Tust four-year period following the
initial Rent start date, and at the end of each subsequem four-year period of the Term, revalue the annual
rental in accordancc wiih RCVJ �9.90.470 -.540 or such other laws and regulations of il�e Departmeni of
Nanual Resoutces as are now or hereinafter shall be applicable. Stau shall not waive its right to revalue rent
under this section by any failure to revalue at the end of a particular four-year period and shall retain the
suthoriry w revalue Lessee's rent and to bill Lessee retrospectively based on that cevalued rent at any point
wbsequeat to any four-year a�miversary date.
(c) Intlation Adjustrnent. After the initial year for which Rent is due, State will adjust eaich year's
Rent U�reaftcr, ezclusive of the years in which Rent is revalued under S�bsection 3.](b) above, in
accordance with RCW 79.90.470 -.540 and such other laws and regulations of the Deparunent ot Na[ural
Resources u are :ww or �heremafter s2�a11 be appliceble.
(d) Interes� Pen.lp� for Pac_i_D�� Rent end Ozher c�..,,c Owed. Lessee shall pay interest at the rate
of o� percent (19b) per mont6 (or at such higher rate as may be suthoriud by sta[ute subsequcnt to the
Commencement Da[e hereo�, until paid, on Rent or other surns owing under ihe terms nf this l.ease
commencing the next day afrer [he dau such Rea[ or other svm is due and payable. ln the event State pays
any sum or i�urs any expense which Lessee is obligated [o pay under this Lease, or which is m•rde on behaJf
of l.essee, Srau shall be entitled [o receir•e reimtwrsement thereof froas Lessee upun demand, together with
intYres� �her�n from the dete of expe�iwre at the cau sta[ed above.
(e) Aliocarion o£Rent. Annual Itera will be established based upon the ust of tbe Proputy as
descrit�ed in S�bsection 5.3 below. In dre event Lessa cdanges �e use of a�+ pnrtion of the Property,
wLich change must be approved by Stare under S�bsection 5.3 below, rhe rental rate to be paid for tl�az
portion of thc azea affected by such change of use shall be subject io adjustmcnt tn the then effeczive rental
rate for [he changed use for that portion of the Praperry.
22-00278A 2
Lease Renewal Page 17 of 32 Lease No. 22-002784
EXHIBIT 1
(� Rent for lmnrovemrn�.
1. ln 5ection 6, Lessee and State have determined ownenhip of improvemen[s on thc
Propeny. In accord with RCW 79.90.515, the Rent set fonh in Subsection 3.1 above includes no renul
charge for improvements on the Properry at this time. The State dces reserve the right to cliarge rent for
scate-owned improvemenu in accord with RCW 79.90.515.
2. In the event the restrictions on State's abiliry to charge rent for improvements contained
in RCW 79.90.515 are removed in whole or in part, State reserves the right to increase the rent during any
ponion of tbe Term afrer such removal, to t6e ex[ent then allowed based upon the then fair market value of
sucE improvements owned by State.
(g) No Goumerclaim. Setoff. or Abatement of Rent. Rent and all olher sums payable by Lessee
henunder shall be paid wahout the requirement of prior notice or demand by State, and shall not be subjeci
a any wunterdaun, setoff, deducdon or defense and without abatement. 7'he obligations and liabilities of
Lessee hereunder shall in no way 6e released, diuharged or otherwise affected (except as expressly provided
huein) by reason of:
1. Any damage to, or deswction of, or any taking of the Properry, or improvemenu on
[he Property, or any pan thereof (except as allowed in Section 11 or 12);
2. Any restriction of, or prevention of, or interference with any use of the Property,
improvemenu or any pan thereof, which dces not resuli in the evictioa of l.essee therefrom (except as
allowed in Section 10);
3. Any title defect or eiuutnbrance upon the Property or any pan thereof which dces noi
result in the eviction of I.essee iherefrom;
4. Any claim which L.essee has or might have against State;
S. Any failure on tbe pan of State to perform or comply with any of the terms hereof or
of any other agreement with Lessee, so long as such failure to perform or comply dces not have the result of
eviction of Lessee from the Property.
4. OTH .R .XPENS .0
4.] jJ�jli ie . From and after the Commeacrment Date, Lusce shall pay all expenses incurred in the use,
enjoyment, and operation of the Property, including, bat not limiud to all charges for elecviciry, watcr, gas
and telephone and all other utility services used on the Property. I.essee shall indemnify and hold State
harailess against and from any loss, liabiliry, or expense resulting from any failure of L.essa to pay all
charges wLen due.
4.2 I e�sehold Taxes. From the Co++�m�TM�^+ent Date and continuing throughout the Term, l.essee,
unless exempt, shall pay to State the "Irasehold Tax" established at� defined in Cl�apter 82.29A RCW. The
i.easehold Tax sball be due and payable at the same time the rental chazged herein is due and payable.
Payment is w be made to the Deparunent of Natural Resources, Financial Management Division,
PO Sox 47041, Olympia, Washington 98504-7041. Any delinquent Leasehold Taz shall be a debt to State,
and in the event any penalties or interest are due because of the failure of l.essee W timely pay the Leasehold
Tax, such penalties shall be payabte by Lessee to State.
4.3 �her Taze� and Acce� n[c,
(a) The term •Taxes,° as used herein, shall mean all taxes and other governnxnta] charges,
ge�ral and special, ordmary and'exCraordinary, of any kind whatsoever, applicable or anributable to [he
Propem, , Lessee's leasehold interes[ the:ein, improvements thereon, or Lessee's use a� enjoymem thereot,
excluding Leasehold Taxes, deC�ned in Subsecrion 4.2, and Assessmrnts as defined below. UnJus exempt,
Lessee shall pay when due all Taxes commencing wiih the Commencemem Da[e aiul concinuing ihroughoui
the Term.
(b) The �erm "Assess¢�enu,° as used herein, s6a1! mean all assessments for public improvemems
or 6enefits which heretofore or during the Term ahaU be essessed, kvied, or � upon, or become due
and payablc, or become a lien upoa the Properq°, atry unprovements coaswcted thereon, the l�holc es�au
creared l�ere3y, or any pan �f. I�ssx sball not cause or suffer [he imposition of any Asuss�m upon
che Property, without the prior writrsn consem of Srate. In the event any Assessment is proposed which
aff�ts the Properry, any improvements c�nstructed theieon, the leasehald estate created hereby. ur any pan
thereof. Iessa ahall promptly notify Steu of such proposal afur l.essce has knowledge or m.ceives noeice
(hereof. Any Assessment upon the Property shall be made in compliance witb all applicable scatutes,
including, but no[ luniud w, Chapter 79.44 RCW. L.esset shall pay the total amount of all Assessments
levied. In no event shall State be obligated to pay any Assessmeat or any portion thereof levied or created
during the 7erm, irrespecrive ot whetha such Assess�nt or any porrion thereof was specifically alloca�ed io
the Propetty or State's reversionary ituerest therein. No Assessment shall be payable in iru�allmenu wichout
Stste's prior wrinen consen;, which 5sase may eondi[ion upon We poscing by Lessee of a satisfaccory bond
�f�� � PaY�ni of sueh instal�nt� �a diey bocome due.
7$4 3
Lease Renewa � Page 18 of 32 Lease No. 22-002784
EXHIBIT 1
4.4 Pavmco[ Da[e and Proof. Lessee shall pay al] paymenis for Taxes and Assessmenu at the time due
l.essee shall, if required by Sla�e, fiunish to State receipts or other appropriate evidence establishing the
payment of such amounu. Lessee may comply wiU� this requirement by retaining a tax servicc to notify State
when the taxes have been paid.
4.5 Failure �o Pav.
(a) In the event l.essee fails to pay any of the expenses or amounis specified in this Section 4,
S�ate may, but shall noi be obligated [o do so, pay any such amount and the amounu so paid shall
ia�me�iately be due and payable by Lessee to State and shall thereafter bear interest at the rau specified in
S�bsadon 3.4 above.
(b) Any failure to pay any expense or amo�mt specified in this Section 4 or any other amount to be
paid by Lessee under tbe term of this Lease shall be a material breach hereunder by Lessee and such breach
shalJ entide Siate to pursue all remedies specified in this L.ease, and all remedies otherwise available to ii in
law or equity, including the rights to terminate this Lease and to pursue the remedies available pursuam to
Chapter 59.I2 RCW.
4.6 $ight to Goncest. l.essce may contest the bazis or amount of any I.easehold Taxes, 'faxes, or
Assessnents at iu sole cosi and expense so long as Lessee shall fiunish State with a bond or o[her secunty
reasonably acceptable to State, and otherwise in compliance with law, in tbe full�amount of such amount
contested.
5. POSSFSSION AND USE
5.1 Pocsession at Commencement Date, ln no event sLall State be liable for damages caused by faiture to
deliver possession of the Property.
5.2 ipSREGli4�. Lessee warranu that it has inspected and made an independent investigauon of the
Properry� and will accept the saa�e on the Commencemeat Date in iu present condition.
53 Perminr_,� [lse. l.essce shall t�ave use of the Properry oaly for the specified purposes of installa[ion,
operation, a� maintenance of a 48" aormwater-orily outfall pipeline, and for no other purpose whatsoever.
State's prior written consent shall be requ'ued for any change in use of the Property or any ponion thereof.
5.4 �. '
(a) State shall have access to the Property at all reasonable times for the purpose of inspccting the
Property and securing wmpliance wi[h the ierms and wndirions of this l.ease. State shall exercise i�s righi
of access in a rnaruier that will not unreasonably interfere with Lessee's permiaed use of the Properry.
(b) The right reserved in S�bsection 5.4(a) above indudes the right to perform or have performed
such environmental cesu, audiu, surveys or investigations as State, in its sole discretion, deems appropriate.
Such tests, audics, surveys, or investigations may include, but ahall not be limited to, the determination of
whccher l.essa is improperly releasing, storing, handling or disposing of Ha7ardous Slibstances, as definod
in Subsection 5.6(d) below, or of refuse, as defwed in Subsection 5.6(b) below.
(c) This reserved righc imposes no obligation upon State to make inspections, us[s, audits,
surveys, ar investigations and sha11 impose no liability �on State for failure to do so. This reserved right is
in addidon to and separate from L,essce's obligation to test unda S�bsection 5.6(d)(8) below.
5.5 3tate's Rj�ht to Grarn F�sements. State reserves the right to grarn easements and other land uses on
thc Property to others when the easement or other land uses will not nnduly iTaerfere with l.essee's peanitted
use under Sbbsection 5.3. Stau will notify Lessce of azry easemem ot other land ace request 6y third panies.
No easemem or other land uses shell be granted w third parties until paymeat far any damages to the
leasehold have been paid ro lxssee by [he third pam,m or a waiver of damages is signed by Lessee.
5 6 Bestticiicros on Use.
{aj Cnnfotman r Wi h 7sxr ,
1. Lessee s2�a11, at its own expense, conform to all applicable laws, regulationc, permits,
orders or other direcvves of azry caun or public authoriry affecting the Properry or l.essee's use or
�ccupation of the Property, including all current and future Coasen[ Orders, Consem Decrces, Clean Viiater
Act Requiiemenu, Deparunent of Ecology Sediment Standard Requirements, Shoreline Managecnent Act
Permii Requiremenrs, and Hydraulic Project Approval Permit Requiremems.
2. Lessee shall, at its owa ezpense, obtain all regulatory or proprietary consenrs or
approvals required to be obtained from azry• public suthoriry or Uutd party in connection with any work oa
�x Praperty (includic�, bui ruit limiud w, the ccrsuuction, repau, or mpiscarxaa of any improvemencs), or
;sssce's use er eaccupation of thc Properry.
22-0027&5 4
Lease Renewal Page 19 of 32 Lease No. 22-002784
EXHIBIT 1
3. Upon the �tate's request, I.essee shap provide, at its own expense, evidence oF
compliance with Subsections 7 and 2 above (including, but not limited io, copies of any environmenul
'vnpact statement, engineering repons, permit, license, or Best Management Pracdces (BMPs) or order).
4 l.essa sha11 correct, at L.essee's own expense, any failure of compliance with the terms
of Subsections 1 through 3 above.
(b) $6f3L5€. Lessce shall not make, or suffer to be made, any filling in of the Properry or any
deposi[ of rock, eatth, bailast, refuse, garbage, waste matter (i�luding chemical, biological or toxic wastes),
hydrocarbons, any other pol]utants, or other matter within or upon the Property, except as approved in
writing by State. 7'he State hereby approves:
1. Discharge af stormwater only in full compliance with a valid National Pollutam
Discharge Elimination System Waste Discharge Perntit, as mey be required now or in the future.
2. Limited deposic of clean fill muterial cecessary to conswct this outfall.
If Lessee shall fail to remove all nonapproved fill material, refuse, garbage, wastes or other of
the above materiaJs from the Property and restore ihe Property to i�s condition immediately prior to the
deposition of the unauthorized material, I.essee agrees that State may remove such materials and charge
l.essee for the cost of remova] and disposa] together with interest thereon from the date of expendiwre at the
rste specified in Slibsection 3.1(d) above.
(c) �. At all times during the Tertn, Lessee shall �ither commit nor suffer waste to be
committed to the Property.
(d) H�Ardo �c. Tox' or Harmfi�� Sti,be a oc,
1. �Qn. 'Hazardous S�bstance" meaas any substance which now or in tLe future
becomes regulated under any federal, state, or local staate, ordinance, nile, regulation, or other law relating
[0 6u►nan healih, envaonmental protectian, contamination or Neanup, including, but not limited to, the
Comprehensive Environmrnra] Response, Compensadon and Liability Acc of 1980 ("CERCLA'),
42 U.S.C. 9601 er seq., and Washmgton's Model Toxics Control Act ("MTCA"), RCW 70.1O5D.Ol0 er seq.
2. itce of H�a+.in„c cr+bs a�c L,essce covenants and agrees that Hazardous Substances
will not be released, used, stored, ge�rated, processed, traa�por[ed, handled, or disposed of on, m, under,
or above the Properry, except ui accordance a� compliance with all applicable laws and permits.
3, (_'urrent Conditions and D�p� of U[most Care. State maka no representation about the
condition of [he Propeny. Hazardous SLbstances may exist in, on, under, or above the Propetty. If there
are any Hvardous Slrbstances in, on, under, or above the Property as of the Commencement Date, Lessee
shall exercise the utmost care with respect to the Hazardous Slibstances, the foreseeable acts or omissions of
third parties affecting the Hazardous Substances, and the foreseeable consequences of those acts or
omissions. The standard of care required of Lessce by ihis seciion 3 sha11 be iha[ required of a person wi�h
ac[ual knowledge oT the presence of Hazardous Substancu, whether or not lxssee had such actual
Imowledge.
4. Nouficaeon and Ren�n�ne.
(a) I,essee shall immediately notify State if Lessee becomes aware of any of the
following:
1. a release or tiveatened rclease of Hasardous Substances m, on, under, or
above the Property, any adjoining property or any other property subject w use by Lessee in conjunc[ion
witL its use of ttre Property;
2. any problem or liabiliry related m or derived from the presence of any
Hazardous Substance in, on, u�er, or above the Property, eny adjoining ptoperty or any other propetty
subject to use by Lessee in conjunction with its use of the Property; �
3. a�ry aceual or alleged violation of any federel, stace, or local staWte,
ordinance, rule, regulation, or other law pertaiaing to Hazardous Substances with respect to the Properro,
anv adjoining propetty or any other proper[y sub�ect to use by Lessee in wnjunction with ics use of �he
Properry; or,
4. any lien or aaion with respect to any of the foregoing
(b? 1-essee sha11, at State's requesr, provide Stace wi�h copies of any and all repons.
swdies or audits which pertaia to enviromnental issues or concerns and to the Properry, and which are or
were pnparexf t+y or for Les.ue azui sut,miusd w any federal, s�a[e, or local auUrori�ies pursuant to any
federaf, sta�, or locai permit, iioe�e or law. 7'hese permiu include, buY are not limiee� to, any Ivauom!
Pollutioa Descharge and Eliminarioa System Permit, any Army Corps of Engiae�rs permic, any 5�a�e
Hydraulics pemvt, any Stau Water Quality txrtification, or any 51�bstantial Dev�lapment pesmic.
5. Indemrrificarion end Burden of Proof.
(a) I.essce shall fully indemnify, defrnd, and hold State harniless from and agains:
any and al] clauns, demands, d�ages, natural resource daznages, respoase cosu, remedial costs, clearwp
cosu, losses, tienc, liabilities, penalties, fu�s, lawsuiu, other proceedings, costs, and expenses (including
aaor�ys fees and disbursements), ehat arise aut of or are in any way related to:
21.tf02784 S
Lease Renewal Page 20 of 32 Lease No. 22-002784
EXHIBII' 1
1. the use, .... ..be, generation, processing, vansportation, handling, or
disposal of Hazardous Substances by the I.essee, ics subtenanu, convactors, agents, employees, guesu,
invitces, or affiliates in, on, above, under, or above the Praperty, any adjoining property, or any o�her
properry subject to use by Lessee in conjurution with iu use of the Property, during the term of this Lease or
during any time when Lessee occupies or occupied ihe Properry or any such property;
2. the release or tiveatened releasc of any Hazardws Substances in, an,
under, or above the Property, any adjoining property, or any other prnperty subject to use by Lessee in
conjurxcion with its use of the Propeny, which release or tt►reatened release occurs or occarred during ihe
term of this Lease or during any time when l.essee occupies or occupied the Property or such other propeny
and as a result of;
(a) any act or omission of Lessee, its subtenants, conuactors, agen�s,
employces, guests, invitces, or affiliates; or,
(b) any act or omission of a third party unless lxssee exercised the
utmost care with respect to Ihe foreseeable acts or omissions of the third party and the foreseeable
wnsequences of those acu or omissions.
3. a breach of ffie obligaaoas of subsection 2, above, by Lessce, its
svbtenanu, contracrors, agenu, employees, guescs, invite�s, or afG]iates.
(b) Lessee will have occupancy and wntrol of the Propeny. According, if Sca[e
seeks to impose liability under this subsection S(a), Sta[e wil] have the initial burden of proving by a
prcpoaderance of the evidence the existe�e, releasc, or ttveatened release of Ha�ardous S�bstances in, on,
under, or above the Property, any adjoining propercy, or any other propetty subject to use by l.essee in
conjunction with its use of the Property. I.essee sha11 t6en have the burden of proving by a preponderance of
the evidence that none of the indemnification provisions apply.
6. �1f•SIINR. Lessa shall, at its sole expense, promptly falce all ac�ions necessary or
advisable w achieve cleaaup of Huardous Stitbstances released on, in, above, or under the Property or
adjoiiung Suu-0wned property. These actions sha11 include, without limitat�on, remo�al, conrainment, arul
remedisl actions and shall be performed in accordance with a1! applicable laws, rules, ordinances, and
permits. l.essee shall alw be solely responsible for all cleazmp, administrative, arul enforcement cosu of
goveramental agrnciu, including namral resource damage claims. My cleanup shall be performed in a
manner approved in advance in writing by State. If Lessee fails to do so, Lessee agrees that State may take
such corrxtive acnon and State shall be entided to receive full reimbursement therefore from Lessee upon
demand, together with interest thereon from the date of expendiwre at the rate in Stibsection 3.1(d) above.
7, ce�!imen� Lmeac► n a. Lessee agrees to conduct, at its own expense, any additional
usu, audits, surveys, or investigations including sedimmt impact zone design iequiremencs or sediment
impact invesagatioas, for Lessees continued use and coimol of the Propeny. "Sed�en[ impact zone" shall
include, but not be limited to, the "sed'unent impact zo�" as designated by the Deparwent of Ecology under
Chaprer 173-204 WAC and any ameadments therew. The sediment impact zo� shell also include any azea
of the aquatic enduonment thac is adversely affecied by l.essee's usc.
8. �]uig. If Stau believes [het during the tcrm of this l.ease Ha7ardous Subscanccs
have been released on the Property, or are tLreatened to be released on the Property, then State �y cequest
[hat I.essee conduc[, at I.essce's sole expense, sampling, tests, audits, surveys, or investigatioas to determine
the existence, scope, or effects of Hazardous Substances on the Propem, adjacent property, or upon natural
resources. Any tesu, audits, surveys, or investigavons shall be pertormed in accordance with generally
accepced scientific principles and practices. If L.essee fails to perform Uu requested work, State may conduct
suc6 lests and is entided [o complete reimbursement from L.essee upon State's demand. •
(e) Mari+±? Plastics Acc. I.essee shall, in addiuon to compliance with all other applicable laws and
regulaGons, comply with the Mazine Plastic Pollution Research and Convo) Act of 1987 (Public law ,
]OU-27A). Under that Act, L.essee mny be tequired among other things to provide was[e rec:epuon faciliiics,
permi[ Coast Guard inspeccion of the adequacy of these facilities, and provide for waste handling and
dispnsilion.
(� Oil and H�ardot�s SLbsLnce Act. AI iLS own eXpelLSe, Lessee shall confoim to a11 applicable
laws, regulacions, perroits, orders or o[her d'uectives o£ aay publit suthority affeccing the Properry or che
Lessae's use or occupation of the Propersy, including, 6m not limited to, Laws of 1991, Chapter 2W (an Act
Relaring to Oi1 aud Ha�ardous Shbs[ances). If applicable, Lessee shall complq with ali requiremesus of laws
of I941. Chapter 200, i�luding, trut not limiud to, operation in accordance wirh the required plEn of
operaiions and maiatenance of concurrent plan of opera[ion.
5.7 Develoomenc Riehu. Lessee st�all not undettake developmeat of the Proper[y ezcept in accordance
with Stibsection 5.3 above. Lessee shall not represent to any person, governmen[al body, or other entity,
that Lettsee is the fee owner of the Propcm, nor shall Lessee exxute any pedtion, application, permit, plai,
or other document on behalf of State as the 'owner' of the Property without State's ezpress wrinen cortSent
afvch may 6e witEheld for any reason wiaauaver. Les.uc, in its own name arid as ixssse n�er [his Lcasc,
cnay execu�e anG appty for prrn!itfi pe[itioos, or applitafio�s in conr�c[ian wifh work ellnwed pursuarx to
Lease Renewa���� Page 21 of 32 Lease No. 22-002784
EXHIBIT 1
Subsection 5.3 above. Lessee shall notify State in writing of any proposed or pending governmental accion
of whuh Lessee rece�ves written notice which affects the Propeny, i�s zoning or the right to develop the
Propeny tor any fuwre use.
6. IMPROV M NTS
6.] Authoriae� !morovemen�.
(a) FYiccj� Imnrnvemenu. There aze constructed upon the Propeny as of the date of this Lease,
the following existing improvements - None.
(b) New lmnrovements.
1. Any improvements made to the Properry during the'ferm, subju� to the exclusion
beiow, shall be referred to herem as "New Improvemenrs." Idew Improvements shall no[ mclude: any
conswction, recons[ruction, alteration, or addition to the Existing Improvemencs on the Property made by
Lessee pursuant [o its obligation [o maintain the Property in good order and repair, including, without
limitation, repairs, replaccmeats, reconswction, alterations, or additions made pursuant to
Subsections 9.2 or 11.1 below; or any unauthoriud improvements tnade to the Property. New
lmprovemenu shall include any matesial changes, al[erations, or modifications to the Existing lmprovements,
not excluded by the preceding sente�e.
2. No New Improvemems shall be placed on the Property without the prior wri�[en
consenc ot Sta�e. Conswccion, reconstruction, aluntion, or additions to the Existing Improvemen�s on ihe
Property made by Lessce pursuant to its obligation tn maintain �he Property in good order and repair may be
undertaken by Lessee afler written notice to State and State's prior wrinen consent shall not be requirul.
3. Ail improvements, repairs, elterations, maintenance, and replacements w the Propeny
sha1J be made in a good and workerlike manner and in compliance with all applicable building and zoning
codes, shorelines maoagement, heaith, safety, and environmental laws and other legal reqwrements.
4. Upon wmpletion of any improveurcrns, repairs or alterations to the Propeny, the
Ixssce shall fumish Sta[e with a certificate of substamial complerion ot suck� work executed by the Lessee or
its architect or engincer, and a complete set of "as built" plans showing all changes or alterationc The
Lessee shall also furnish to State copies of certificates of occupancy or other similar documen�c issued to
certify complecion of construction in wmpliance with applicable requ'vemenu.
(c) Q�LiR. All improvemenu authorized under Subsection 6.1(b) made w[he Propeny or
installed thereon by Lessee during the Term, sLall remain the property of Lessce until [he Termination Date.
whether sucL date occurs at ihe end of the staud term of this l.ease or upon earlier cancellaaon, termination,
or surrender.
(d) R moval of pin ]mprovements. I.essee agrees w sever, remove, and dispose of all New
Improvements to which State does not elect to claim title by the Terminatioa Date. lf such ac[ion is no�
taken by Lessee, Lessee agrees that State may remove such improvemenrs a� charge Lessee for che cost of
removal and disposal, together with mterest thereon from Ux dau of expenditure at the rate stated above. !t
shall be the duty of Lusee to tnquire of State as to whether Sta[e will exereise its option to take ownership o[
all, or a portion of the New Unprovemenu not less than sixty (60) days in advance of the Tertnina[ion Date
[o perniit Lessee. ln the event State declines to claim title, Lessee agrees to sever, remove, and dispose of
the unclaimed improvements by the Terminacion Date.
6.2 Unau hor'��1 l�,nrovemen�.�.
(a) Improvements made on or to the Property withoui Stau's prior written consent or noi in
conformance wi[h the approved plan of development (not including repairs, maintenance or replacemen�s due
to ordinary wear) ('Unauthoriud Improvements"), shall imtnediately become the property of State, uriless
S�ate elect5 otherwise.
(b} State may, at iu option, require Lessee to sever, remove and dispose of any or all
Unauthorized Improvements, or, in addition [o any other �y Srate may have for such b:each of [he
t��•, 5tate may charge Lessee Item for the use of such �provemenL based upon the value tltercof, which
Rem shall 6e dne and payabie tagefher with all ms�allmuns of Rsnt due hereunder. If Lessee tails to sever
and comp3nc remuval of such Unauthorized Im�rmements withia thirty (3Q) calendar days of request for
removai by Sta�e, SYste may (i) remove and dispose of suth Unauthorized Improvemenu at Lessee's
expense; (ii) cancel �his I.eese; or (ui) puisue any other remedies for default provided that ali such severance
end comptetion of removal tnust be aceomplished by the Ternu�tion Date. Any cost of removal and
disposal bame by 5tate shall become an obligation of Lessee due and owing under this l.ease together with
interest thereon Gom the date of expenditure at the rate stated above.
zx-0az�s� 3
Lease Renewal Page 22 of 32 Lease No. 22-002784
EXHIBIT 1
6.3 Trade Fizmres.
(a) All trade fixNres brought onto the Properry 6y Lessee shall remain the propeny of Lestee.
I.essee agrees to sever and remove t�ose fixtures by the 7ermination Date.
(b) All vade fixtures allowed to remain on the Property thereafter shall, at State's op[ion, become
the property of State. lf 3ta�e dces not elect to claim title io said irade fixtures, Lessee agrees that Sta�e may
remove and dispose of suc6 vade fixtures. Any costs of removal and disposal bome by State shall t�ecome
an obligation of I.essee due and owing u�er this Lease together wi[h interest thereon from ihc date of
expenditure at the rate stated above.
6.4 Merhanic�. Lien. Lbor Lien_ and Proj t.o letion.
(a) Mechanics and Labor Liens. l.essee agrees [hat it will not permit any claim of lien made on
any mechanic, materialperson, laborer, or other similar liens a stand against the Properry, any improvemen[s
or vade fixtures located thereon, or Lessee's leasehold, for work, labor, services, or materials furnished to
Lessee or i� sublessees in connection wi[h any construction, improvemenu, alterations, maintenance, or
repair thereof made by Lessee or iu agents or sublessees upon the Property. Lessee funher agrees to cauu
any sucd daim of lirn to be fully discharged within thirty (30) calendar days efter the da�e of filing ihereot.
ln the even[ Lessee in good faith dispuces the validity or amount of any such claim of lien, and Lessee shall,
ai I.essee's expense, give a State such securiry as State may reasonably require, indemnifying State, the
Properry, improvemenu and trade fixares on the Property, and l.essee's leasehold against all liabiliry, cos�
and expenses, including aaorneys' fees, which State may incur as a result of the lien, then L.essee shall not be
deemed to be in breach of this S�bsectian 6.4 so long as: '
1. l.essee is diligently pursuing a resoludon of such dispute;
2. At no [ime is the Property, any improvemenu or trade fixwres locaied thereon, or
Lessee's Ieasehold in any danger of being sold, forfeited or Iost; and
3. Upon envy of final judgarent resolving the dispute if titigation or arbivation results
therefrom, Lessce discharges said lien within the time limiu specified above. Nothing comairrcd in this
section shall be deemed a waiver of eny provision of V✓ashington law which exempu property owned by
S�aie from any such lien claiuu.
7. ASSI ,NM .NT AND ITRI- TTIN
7.] �jEriment and Subletting.
(a) Sta�e Co�ent Renuired. Lessee shall not hypothecate, mongage, assign, encumber, traasfer,
sublease or otherwise alienate this Lease, or any interest theiein or engege in any other transaction which has
the present eflect or fuwre possibiliry of vansferring the right of enjoyment of the Propem without the prior
wriaen conun[ of Sta[e. In graruing or denying such consent, State rescrva the rigttt to: (1) Change the
terms and conditions of this I.ease, induding the remal terms, as it may affect the transferee; (2) Consider,
among other iwns, thc proposed transferee's financial condition, business reputation, the nature of the
proposed transferee's business, the then current value of the Property, and such other factors as may
reasonably bear upon the suitabiliry of the transfera as a lasce of the Property; and (3) Require Lessee or
transferee to conduci such sests, audits, surveys, or investigations as are identified in Subsettion 5.6(d)(9).
L.essee shall submi[ informauon ngarding any proposed transferce or assignee under this Subsection 7.1 to
State at least thirry (30) days prior rn the date of the proposed transfer or assignment. Consent of 5tate to
any one vantfer shall not coastitute a waiver of State's right to approve subsequent transfers.
(b) RPnt Pavmems FollowinE Aecj�nmrm. 7'he acceptance by State of the payment of Rent
following an assignment or other traasfer shall not corstimte consent to any assigrunem or transfer, and
State's consent shall be evidenced onty in writmg.
7.2 AS iQne� Obljeatione. pach permitted sssignee, or traasferee, other than State, shall assume and be
dcemed to have assumed aEl obligadons uader this l,ea,se and shall b�xome liable for all pavmems and for the
due perforu�ance and satisfaction of all provisions, covenanis, end conditions herein contained.
3dotwithstanding any such assig�ent or iraasfer, Lessee shxll be and remain jointly arui severafly liablr with
thc assignee ar transferee far sll ohligations u�er this 1,ease, �riless released, in umting, by State.
'.3 Conics of inacrLmenzc, 1n connection with any assignment, sublease, or uansfer, Lessee shall, ai
Sta[e's opcion, provide Stare with copies of al] assignn�ents, subleases, assump[ion instrumruu or other
documentacion.
7.4 Ac igmnent bv S�ce. State may, if legally permissible, assign its inierest in this I.ease.
2Z-0(t27&7 R
Lease Renewal Page 23 of 32 Lease No. 22-002784
EXHIBIT 1
g � FCCCF INDEA"NITY. �iNANC1A1_ SECURii'Y
8.1 jp�piiy.
(a) In addition io the u�demnifications provided by Lessee in Paragraphs 1.1(q and 5.6{d), L.essee
shall indemnify and save harmless the State, its employees, o�cers, and agenu from any and all liabiliry,
damages, expenses, causes of ection, suirs, claims, costs, fees (including attomeys' fees and cosu), penalues
(civil, administrative, aad criminal), or judgments, by any reason whaLSaver caused, arising out of the uxe,
occupation, or convol of the Property by Lessee, its subluseu, im�ttees, agents, employees, licensees, or
permittees except as may arise solely out of the willful or negligeru act of the Staie or the State's elected
officiaJs, employees, or agcnts.
(b) To the ez�ent tha[ RCW 4.24.115 is applicable to any indemnification provtsion of this Lease,
ttre State and Lessee agm that that provision shell not require Lessee to indemnify and sa�e the S�ete
harmless from the State's sole or concurren[ negligence.
$,2 Bond or Oiher Sec�riro.
(a) At its own exprnse Lessee may be required to procure and maintain a corporate surery bond or
provide other financial security satisfactory to the Stau (tt�e "Bond"), which shall secure the full performance
by Lessee of iu obligations under this Lease. 7'he Bond shall be in a form and issued by a surety company
acceptable w the State. The bond shall be in an amount equal w 50.00. T6e amount ot the Bond may be
adjusted by the State:
1. At the same time as revaluation of the Rent,
2. As a co�i[ion of approval of assigmnenc or sublease of this l.ease,
3. Upon any breach of Subsections 5.6(a)-(d) above,
4. Upon a c6ange in ths eondition of any improvemencs, or
5. Upon a request by Lessre for a change in the PermiUed Use.
A �rew or modi5ed Bond shall be delivered to the State within thirty (30} calendar days afier adjustment by
[he S[ate of the amount of che Bond.
(b) Upon any default by Lxssee in iu obligadons under this lxase, any or al) of the Sond may be
appropriated by the 3tate to offset.the liability of Lrssee to the State. The State's appropriation shall in no
way limit [he ]iabiliry or other securiry or obligations of Lessee or the rights or cemedies otthe State nor
shall such appropria[ion in any roanner reinstate, cure or relieve Lessee from a tettnination of its righa uncier
this Lease.
(c) Lessee's failum to have a Bond in force at all times during the Term in the full amouni as
required by this paragraph shall constiwte a breach of this Lease.
8.3 A�q�+isition of Ina��_r?ncP Policies. At iu own expense Lessee sha11 procure and maintain during the
Term of this I.ease, the insurance described in Subsections 83(a) end (b) below. This iiuuranre shall be
issued by an insurance company or companies licensed to do business in the state of V✓ashir�ton �easonably
satisfactory to the State.
(a) 'f�mes of Reqyi d ln �ran .
�. Comnrehe ive C.Pneral i.iabilitv Insurance. Commereial liabiliry insurance covering
all claims with tespect [o injuries to petsons or damage to properry sustained in or about the Property and
any improvemenu. Limiu of liability shall be not less than 51,000,000 for each occurrence and not less than
52,000.000 aimual aggregate. Such limits may be achieved through the use of umbrella liabili[y insurance
T6e l'm�i[ of.liahiliry may be adjusred by the 5rate:
(i) At Uu same [ime as revaluarion of the Rrnt,
(ii) As a condition of approval of assigmnent or sublease of t}us l.ease.
{i�i) Upon any breach of Subsections 5.6(a}{d) ebove,
(iv) L1pon a �han�o in the condition ot any improvements, ar
(v) Upon a request by Lessee for a change in the Permi¢ed Use.
ivew or modified insura�rce cvverage shall be in place withm tl�irry (30) calerxlar days after adjustrrKm by the
State of tLe limit of liahility.
2. p�ycica Pn?rnrtv am I sn5_ ���n P. Physical property damage inutance covering all
real and personal pro�rty, excluding groperty paid for by sublessces or paid for by Lessee for which
subiessees have reimbutsec� Lessee, located on or constimting a part of the Property in an amount equal to ai
lea,s� one hu�red percent. (100�} of replacement value of all such propetty, with eommercially reasonablc
deducnbles.
3 Worker's Comoensation Insurance.
(i) Stau of Washington Worker's Compe�ation coverage, u applicable, with
respect to any work by employees of Lessee on or about thc Property and arry improvemems.
(ii) I.ongs6ore a� Harbor Worker's Act and Jones Act coverage, as applicable,
with respect to any work by employce.a of I.essee on or about the Property aad am improvements.
�Z--002784 9
Lease Renewa� Page 24 of 32 Lease No. 22-002784
EXHIBIT 1
S Diilder's F�k lnsunnce. Contingent liability and all builder's risk insurance in an
amount reasonably satisfactory to the S[ate during construction, or replacement or during material repair,
al�eration, maintenance, of the Property or improvemen[s on the Properry. Coverage shall be in place until
such work is completed and evidence of completion is provided to the State.
ro) T s of I�ura_ p. 7'he policies required under Swbsection 8.3 shall name the State as an
addi[iooa] insured (excepc for State of Washingwn Worker's Compensaaon coverage). l.essee shall provide
cenificates of insurance and, if requested, copiu of policies to the 5tate. Receipt of such cenifica[es or
policies by the State dces not constimte approval Dy the Stace of the terms of such policies. Further, all
policies of insurance described in Subsection 8.3 shall.
l. Be wrinen as primary policies not convibuiing with and not in excess ot coverage that
the State may carry;
2. Expressly provide that such insurance may not be materially changed, amended or
carkeled with respect to Stau except afrer fony-five (45) calendar days prior written notice from the
inair company to Stace;
3. In regazd to physical properry damage and buildei s risk coverage, 6ave an
e�orsement coataining an express waiver ot any right of subrogation by the insura�e company against the
State and the Sute's elated officials, employees or agems;
4. ln regazd to physical property dau�age and builder's risk covenge, expressly provide
that the insurance procceds of any loss will be payable norn�ithstanding any act or negligence of Lessee which
might otherwise result in a forfeimre of said insurance;
S. Fxpressly provide that the State ahall not be required to give notice of accidents or
claims and [hat the Staie shall have no liabiliry for premiwas;
6. In regazd to physical yropeny damage and builder's risk coverage, expressly provide
tha� all proceeds shall be paid jointly to the S�ace and Lessee.
8 4 Sra�e's Ac.m±ie_�tion of lnsurance. If Lessee fails to procure and mamtain the insurance described
above, [he Ssate shalt have the right to procure and maintain substiwte insurance and to pay the premiums
thereon. l.esscx shall pay to [he State upon demacid the full amount paid by the Sta[e, together with interest
thereon at the rate pro�ided in Subsection 3.4 ftom the date of such expenditure by the Sta[e until repayment
thereof by Ixssee.
9. RFP�AiR
9.1 S at 'c tt pairs. State shall not be required or obligated to make any repairs, alterations,
maintenance, rcplacemenu or repairs in, on, or about the Properry, or any part thereof, during the Term of
this Lease.
9.2 ►essee's Reoairs. p lteration. MainteaAnce and ReolacP!*.?ent,
(a) ],essee shall, at its sole cost and ezpense, keep and maintain the Properry and all
improvemenu thereon and alt facilities appurtenant thereto (regardless of ownership) in good order and .
repair and safe cowlition, su�cient for the safe conduct of any anivities or enterprises conducted on the
Property pursuant to this l.ease and keep and maintain the whole of Ihe Properry, including all improvcments
in a clean, sanitary and attractive co�ition.
(b) l�ssee shall, at its sole cost and expeiue, make any az�d all additions to: repairs, al[erations,
maintenance, replacemenu or changes about and to tLe Properry, wdich may be required by any public
authority affecting the Properry and its use.
(c) Owners jp� Rrnairs.
] All repairs, aluralions, maiatrnance tc, or replacemem of the Property, including any
state-ewned improvemenu, as defined "m Subsecdon 6.1, shall immediately become the properry of Sta�e.
2. All repairs, alteratioru, mauuenance to, or mplacememt of New lmprovemenis, andlor
Less«-owned ]mprove:nenu as defi�d in Subse�:tion 6.1, shall remdin the property of ltssrx subject to the
terms of Subseaioo 6.1.
3. Ati rcpairs, alteratioas, maintenaute to, or replactauau of any Unw[horized
lmproveme:us as defined in S�bsecuoa 6.2 shal] frnmediately become [he proper►y of 5tate subjeci to the
rern�.c oi S�bsection 6.2.
9.3 C�m__dition at End of L�a_se, Upon vacating the Property on the Tetmination Date, Lessee shall leave
the Property aad a11 improvements thereon to which State has eleaed ro claim tide in the state of repair ancl
clea�iliness required to be maintained by l.essee during the Term of this l.ease and shall peacea6ly surre�er
the same to State.
2worrsa io
Lease Renewal Page 25 of 32 Lease No. 22-002784
EXHIBIT 1
i0. nicrt at�nFU nF inaPi 7Fi1 rnvFNaNTS nF ppWER TO 1.FASE AND OUIET ENIOYMENT
]0.1 Pnwer to 1 Pace. State believes that u has full right, power and authority to make this Lease.
However, State expressly disclaims and Lessee expressly releases State from any and all claims (or breach of
any implied covenant of power to ]ease.
]0.2 Quiet Enioyment. State expressly disclauns and l.essee expressly releases State fram any claim for
breach of any implied covenant ot quiet enjoymenc with respect to the possession of ihe Proper[y during the
Term of this lxase or any holdover. This disclaimer includes but is noc limi[ed to, interference ansing from
or in connection with access or other use rights of adjacent property owners or the public o�er the water
surface or in or under the water column, righu hcld by Indian vibes, and the generai power and authoriry of
State and t6e United States to regulate the use of navigable waters, bedlands, tidelands, and shorelims. ln
�e evem rhat Lessee is evicted from the Propert; by reason of successful assertion of any such righ�s, this
l.ease shall be deemed terminated as of the date of such eviction. ln [he event of a panial eviction, L.essee's
Rerual obligations hereunder shall abau es of the date of the partial eviction in d'uect proportion [o the exteni
of the eviction, but in ali other respects, this l.ease shal! remain in fu11 force and effect.
11. DAMAGE OR DESTRUC770N
I].1 Possible ta Renair VJithin Term.
(a) In the event of any damage to or deswction of the Properry or any improvemen�s, Lessec
shall prompdy give writtea no[ice thereof to State. Lessee shall prompdy reconswct, repair or replace ihe
Propeny as nearly es possible w i�s condi[ion immediately prior to such damage or deswction All such
reconswction, repair and replacement shal] be performed in accordance with the requirements of
Subsection 9.2 above.
(b) Lessee's duty to reconstruct, repair or replace any dav,age, or destruction of the Property, or
any unprovements thereon shall not be condidoned upon the availabiliry of any uuurance proceeds to I.cssee
from which thc wst oF repa'vs roay be paid.
(c) Any insu�ance proceeds payable by reason of the damage or destruction shall be made
available w pay the cost of the reconsuvction.
(d) In the event I.essee is in default under the teims of this Lease at the time damage or
dawccion occurs, State may elect to terminate the I.ease ar�d State ahall thereafter Dave the right to retain
any and al] insurance proceeds payable as a result of such damage or deswc[ion.
(e) Upon comple[ion of reconstruction, repa'v or replacement by Lessee, any insurance funds in
excess of the cost of such feconsvuction, repair or replacemem shall be paid to Lessee providcd, howcver,
Slate shall have a lien on l.essee's share of such proceeds to the extent Lessec has failed to pay any moneys
to State under the terms of this Lease.
1].2 Not Possible [o Repair Within Term. If such damage or destruction cannot be sabstantially repaired
within the tirne remaining in the Term, this Lease shall terminau as of the date of such damage or
deswction. Any insurance proceeds shall be divided between State and l.essee on a prarated based upon the
uixxpired Term of [he l,ease, with l.essee ieceiving a fraction thereof which is equal to the then remaining
Term divided by the original Term, and State receiving tLe remainder.
12. CONDEMNATION •
12.1 pgfjIIll' �jQDS.
(a) Total Takine. The term "total taking," as used in this Lease, means the taking of the enure
Property and any improvemenu thereon under the power of eminent domain eilher by judgment or setdement
in lieu of judgment, or [he taking of so much of the Property aad improvemeau es to prevent ihe use thereof
by Leasee or, in the judgment of State, readtts the Property impractical w operate for s6e uses and purposes
6ereinabove provided.
(b� pan�at T�kinn, 'j'he [erm "partial taking^ means the taking of a ponion only oithe Property
which does no[ consuncte a total talcing as deCvred above.
(c) Vol�a�rv Com The terms "tatai taking" and "par[ial tskiug' shall include a aoluntary
wnveyance to any agency, authority, public utiliry, person or corporate eatiry empowered :o condemn
properry in lieu of formal coun proccediags.
(d) Dare nf Takine. The term °date of eaking' shaJl mean the date upon which title to the
Property or a portion thereof passes [o and vests in the condemnor or the effective date of any order for
possession if issued prior to the dace title vesu in the eondemnor.
12.2 Fffect of Taking. If duristg Uie Term hereof there shall be a total takumg under the power of eminenc
domain, then the leasehold e�tate of Lessee in and to the Property shall cea.se and temvnare as of the Date of
Taking. If this Lezx is so ter¢w�ased, +n whol� or ia Qazt, aii Renssls and other caarge.= �ayable by Lessee
02784 il
Lease Renewa Page 26 of 32 Lease No. 22-002784
EXHIBIT 1
to State hereunder and attributable to the Property taken, shall be paid by Lessee up to the Da�e of Taking by
the condemnor, and the parties thereupon shall be released from all funher liability in relation there�o. !f
l.essee has pre-paid Rent, l.essee a�ill be entitled to a refund of the pro rata share of this pre-paid Rent
attributable to the period after the Date of Taking. ln the event of a Pattial Taking, such thai Lessee is no
longer able �o use a ponion of the Properry, there shall be a par[ial aba[emen� of Rent in e percentage eyuxi
to the percentage of Property taken.
12.3 Allocatinn of Award. State and Lessee agree that in the event of any condemnation, lhe award shal!
be allocated betwcen State and I.cssce based upon the ratio of the fair market value of Lessee's Leasehold
Fstate and Isssee-owned Improvements and New Improvements on the Property and State's interest in the
Property, including State's )andlord inurest in tlu l.easehold reversionary inurest in Lessee-owned
]mprovemenu and New improvements, ard owr�ership of State-owned Improvements. )n [he even� of a
Panial Taking, this ratio will be computed on the basis of the portion of Property or improvements uken. I
Ltssce and State are una6le to agree on the allocation, it shall be submitted to binding arbivation in
accordance with the rules of the American Arbivation Association.
13. INSO V .N -Y
13. ] 1_nsolvency May_Constitute Default. If a receiver or Wstee is appointed to take possusion of all or
substanually all ot the assets of Lessee, or if any action is talcen or suffered by L.cssee pursuant to an
insolvency, bankruptcy or reorganization act, including the filing of a petition in bankruptcy, or if Lessee
makcs a gerxnl assignmrnt for the benefit of its creditors, and if such appointment or assignment cnntinues
for a period of thirry (30) calendar days, it shall, at State's option, constinite a defaul[ by Lessee and State
ahall be entitled to the remedies set fortb in Section 14 below, which may be exereised by State without prior
�tite or demand upon Lessee. In the event that any provision of this Secvon ]3 is contrary to any
applicable law, such provision shall have no force or efiect.
13.2 No�ice of Insolvencv_. I.essee shall be required to nolify State, within ten (ID) days of fling, that ic
has filed a pevtion for relief under the banlavptcy code.
]4. BRFACH BY _ S . _
14.1 Breach and Defeult.
(a) Any breach of any provision of this Lease by Lessee, shall be deemed a default after State fus
delivered to I,essee nodce of the alleged breach and demand that the breach be mnedied immediately. Such
a default entides State to the remedia set forth in this Lease or otherwise available at law or ia equiry. if
Lessee shall prompUy commence to care the defanll and shall cure the default within sixty (60) calendar days
after receipt of the notice; or witt�in sixry (60) calendar days after receipt of the notice if the default pertains
to the payment of rem, the breach shall no longer consvmu a defaull.
(b) ln dx evrnt Spte deems the breach to constitute a ttueat to safety, life, or property it may
elect a intervene immediately without notice ro remedy the breach and Lessee hereby agrces to repay Sta[e
for all costs in remedying the breach upon demand, togetLer with interest therton [rom the date of
expendimre at the rate set forth in Subsection 3.1 above. Alternatively, Sta�e may require Lessee itself �o aci
immediately to remedy the breach, should State deem it a threat to safery, life, or property.
14.2 Relettin�_in the Event of lefault.
(a) Stzte's j�ht �o Relet in the evem of a default, State, in addition to any other righu or
remedies that it may have, shall havr the immediare right of retntry ShoWd S�ate elect to re-enter or takc
possession of the Propeny, it r.iay either temuna[e this Lease or, from time-to-time without terminating this
Ixzse, relec the Propaty o; any part [hereof, for aoy term or tecros and conditians as Stau in its sole
discmtion may dcem advisable with the right to complete constrvction of or make alteratians and repairs to
the �provements. l.essee shall pay to Stau Ne cost end expenses incvrrrd by State in such releuing,
campktion of construc�ina, or in making such elierations and repairs.
(b) Fxere�se nf Riehi Not an Election, No such reletimg of the Properry bV State shall be
consvued as an election on iu part to tertninate Lessce's ohligations under this Lease unless a no[ice of such
in�errtion be given w Lessee or unless the [ermination thereof be decreed by a wurt of compemnt jurisdiccion.
Notwitiutanding any such relettin� without termination, State may at any time ttrereafier elect to terminate
tbis Leese for such previous breach, provided tl�at it has not been cured. Sbould Stace at any time tcrminate
this l.ease for any breach, in addiuoa to any ot6er remedy it may have, it may recover from L.essee all
damages it may incur by reason of such breach.
=�fl027&� 12
Lease Renewal Page 27 of 32 Lease No. 22-002784
EXHIBIT 1
15. HOl_D]NG OVFR AND FXPTRATION
I5.1 Unapproved Holdover. Any holding over by l.essee wnhout the express wrinen consen� of Swte shail
not coruti[u[e a renewal or extension of this lxase or give Lessee any rights in or to the Proyeny dnd this
Lease shall terminate without further notice at the Termination Da[e. Such occupancy shall be subject to the
same terms and conditions as set forth herein.
15.2 8nnroved Holdover. Lessee may, with Ihe written consent of State, holdover after the Termination
Date. The resulting [enancy shall, uNess othenvise mutually agreed, be for an indefinite penod of ume on a
momh-io-moruh basis.
16 NOTI F
16. ] Procedure. Any notice required or desired to be given under this Lease shall be in writing with
copies directed as indicated herein and sha]] be personally served or sent by maiJ. Any no�ice given by mail
shall be damed to have been received when seventy-two (72) hours have elapsed from the [ime when such
notice was deposited in the United States mails, cortecUy addressed to the parry io be served ai [he las[
address given by that party to the other party under the provisions of this Section 16. At the date of the
execuaon of this lxase, the address of State is:
DFpARTMEN7' OF NATURAL RESOURCfS
Aquatic Resources Division
PO Box 47027
Olympia, WA 98504-7027
and the address of Lessee is:
CTT'Y OF BRSMERTON
239 Fourth Street
Bremenon, WA 98337
]6.2 ChanQe of Addresc, Lessee shal! notify Stace ivunediately of any change of address
I7. S 1C'C'�FSS,�
17.] sucrss�ors a+.d Assien Bound. The coveaants and agreemcnu contained in this Lease shall be
binding on the panies hereto and on their respective successors and assigns, to the extent the Lease is
assignable, and upon a� person, fum, or corporadon coming into owrnrship or possession of any incerests
in the Property or improvemenrs on the Properry by operation oT law or otherwise, and shall be construed as
covenams running witb the land.
1$ TR MINA770N
18. ] ] rs� P'� s Riph� Ce9se Uoon Lease Termination. Upon the termination of this Lease by expiration of
time or otherwise, the righu of I.essee and of all persons, firros, curporations, and entities claiming uncler
l.essee in and to the Propem and all improvemenu hereon, unless specified otberwise in this Lease, shall
cease.
19. MIt.'tt_aNFO c
14.1 �j�, 7'he Section a� Suhsection headings used in this I.ease are for conveairnce orily. Tney
shail noi be corsswed [o limit or to eztrnd the mP�n�n of any pazS Of ihts Lease
14.2 ���. qny amendments or additions W this Lease sha11 be mxde in writing ezecuced by thc
panies hereto, aad �ither State nor Lessee sha11 be botmd by verbal or implied agrec:nen[s.
19.3 Waiver. The waiver by Scate of a� breacL of any term, covemnt or condiuoa herein contair�ed shall
not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or
any other term, covenam or condiuon herein contained. The acceptaace by State of Rent or any other sum
owing, following a breach by Lessee of any provision of this lxase shall not constinue a waiver of any right
of Sta�e with respect to such breach. State shall be deemed to have waived any right hereunder only if S�ate
shall expressly do so in writiq�.
3?r-002'I84 13
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EXHIBIT 1
19.4 CWmulative Remed�es. Fac6 righ[, power and remedy of State provided for in this Lease or now or
hereafier existing et law or in equiry or by statute or otherw�se shall be cumulative and concurrent and shali
be in addi[ion to every other nght, power or remedy provided for in this Lease or now or hereafier existing
at faw or in equity or by staWte or otherwise, and the commencement of the exercise by State of any one or
morc of the rig6u, powers, or remedies provided for in this Lease or now or hereafter exiscing at law or in
equity or by stawte, or otherwise, sliall not preclude the simultazreous or later exercise by State of any or atl
such other righ�s, powers or remedies.
]9.5 Time of Essence. Tiroe is expressly declazed to be of the essence of this Lease and eath and every
covenaet of Lessee hereunder.
]9.6 Fntire Aereement. This l.ease contains the entire agreement of the parties hereto with respect to the
matters covered hereby, and no other agreement, statement or promise made by any parry hereto, or �o any
employee, officer or agent of any parry hereto, which is not con�ained herein, shall be binding or valid.
19.7 ��. The word "l.essee" when used herein, shall be applicable w one (1} or more persons, as
the casc may be, and if there be more than one (]), the obligations hereof shall be joint and several. The
words 'Pecsons' whenever used shall include individuals, firms, associatioas and corporations. This L.ease,
and iu urms, have been agreed upon after I.essee has been given the opportuniry to negotiate iu terms. The
language in all parts of this Lease shall in a11 cases be construed at e whole and in accordance with iu fair
meaning, and shall not be conswed strietly for or against Stace or Lessee.
19.8 Invaliditv. If any [erm or provision of this Lease or the application thereof to any person or
circumsrance sl�all to any extent prove to be invalid, u�renforceable, void or illegal, the mmainder of this
Lease, or the application of such term or provision to persons or c'vcumstazues other than those as tn which
it is invalid or unenforceable, shail not be affected tl�ercby, and each term and provision of this l.ease shall
be valid and be entorced as writ[en to the fullest extent permitted by law.
19.9 (�plicable Law and Venue. This l.ease sha11 be interpreted and conswed under and pursuant to the
lxws of �he state of Washington. Any reference to a statute enacted by the atate of Washington shall refer to
that stamte as presenUy enacted and any subsequent amendmerts tLereto, unless the reference co said stsmte
specifically provides otherwise. The partia agree that venue for any action arising out of or in connection
with this Lease shall be in the Superior Court for Thurston County, Washington.
19.I0 ��y. Persor�s executing this l.ease on behalf of Lessee represent that they are authorued to do
so and represern and warrant that Uvs l.ease is a legal, valid and binding obligation on behalf of Lessee, and
is enforeeab)e in accordance with its tetms.
19.11 Date of Execu[ion. Ttre date this l.ease is executed shall be deemed to be the day and year when
executed by 5rate.
19.12 Survival. All obligations of Lessee to be performed after the Tettnination Date shall not cease upon
[he. Termination of this Lease, and shall continue as obiigations until fully performed. All clauses of this
Lease which require per(ormance beyond the Termination Date shall survive the Termina[ion Date of this
Lease. .
19.13 Recordstion. Lessee shall record this Lease in the county in which the Property is located at Lessee's
soie ezpense. lrssee shalt provide Starr with tecording infrnmation incJuding the date of recordanon and file
number. Lessee sha116ave thirty (30) deys fram the Commencement Date of We Lease to comply with the
requirements of this paragraph.
)9.74 Aiscrimination. I,essee shall not canduct or suffer am business upon the Ptmaeny wiuch unlawfulh•
d'ucrimmaus egamst a� person on the basis nf rce, color, creed, religion, sex, age, or physical ur menral
handicap.
2?r4027&4 14
Lease Renewal Page 29 of 32 Lease No. 22-002784
EXtI1BIT l
IN V✓ITNFSS V�'HEREOF, this l,ease Agreement is executed on the day and year when executed b;�
the state of Washington.
A�o"ved as to.! f orm •
, �� i��w�.�.
-�.
IAI� SI@VERS. Ciry Attomey
�_____._____.__
, �:,,,�_ :;.
' C.iilntitJ T:k�•15 .
�
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✓.�� I:..C9.._
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CTA�7' :
STATE OF WASHINGTON
DEPAR?MENT OF NATURAL RESOURCES
/l i /� r /
�� .� �� ��" �;
�, t r- -, ..
CRAIG E. AR DGE, Divisio�i �vIanager
Aquatic our�es Division
Date � / `• `�,�'
1.FSCFF:
; CITY OF BREMERTON �
A Washington Municipality
�. d �[�c-
L N HORTON, Mayor
Depa�Vnental Approval:
�R�[m�1 W �- Fo�.
W. GENE SAMPLY, Director
Public Works and Utilities
t.��miawma��rw.�c:
22-002784
Lease Renewal
Date (r� - �l - `1 '-
Ancst:
� �-�� l`.�.-. ��.,� ( C A . :.:.t
KA L,EEN MCCLUSKEI', City Cler�
15
Page 30 of 32 �22-002784
�
E7iHIB1T 1
CERTIFTCATE OF ACKNOWLEDGMENT
STATE OF WASHIIvGTON}
) ss
County of Thuraton )
r " r
On this -��,_ day of U�„� ,]9�y, personally appcared bcfore me
CRAIG E. PARTRIDGE, to me ktwwn to be the Aquatic Resources Division Manager of the Depanment oF
Namra] Resources, stau of Washington, who executed ihe within u�d foregoing instrumem on behalf of the
state of Washington, and acknowledged said instrument to be the free and voluntary act and deed of [he statc
of Washingcon for the uses and purposes therein mentioned, and on oath stated ihat he was authorizecl to
execu[e said insuument and that the seal affixed is the official sea] of [he Commissioner of Public Lands for
the stau of Washmgton.
IN WITNFSS WHEREOF, I have hereunto set my hand and affixed my offir.ia! se:i the tlxy ar:� year
first above wriuen.
� E �.l
��'�
N T Y PUB1.iC m and for the
sta of ashingon
My commiuion expires ��
v '
CERTIFlCATE OF ACKNOWLEDGM£NT
SfATE OF
Coumy of
)
) ss.
)
On this �Tb d�y of U u rv � , 19j�* , personally a ared before me
_�— ��� , w me known w be the �yl �; t ii
of the City of Brearenon, a municipality, that executed the within and foregoing instnunem, an�
aclrnowledged said instwneni to be the free and voluneary act and deed of said municipaliry, for the uses and
purposes therein mentioned, and on oath stated that (6elshe was) (they were) authorized to execute said
iaswmrnt for said municipali[y and that tLe sea] aKxed is the municipal seal of said municipality.
1N W]T'NESS WHEREOF, I have hemunro set my hand and af ixed my o�cial seal ihe da and year
first above written. ��y`����x'
* � � GER?_D F TSiCR�lPJnGH
� NG"th�^' PL�EII': - :',� :i:1•"�'� ;'��! Ji
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£. �Cor�-:,,.c�E°; .s• --''z' �
Yr:,-1�iF ".r_r.�a • � x..:,� a: �:..':^:..
�'"-� �. `� �' n -� �
NOTARY PU'BL.IC in and for the �
statc of w �-SU+ � .n � `f'C �
My �nmission ezpires � 2� t�e •�( 2
szz-ao:�sa
Lease Renewal
16
Page 31 of 32
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