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Vendor
Subject
Department
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Amount
Begin Date
End Date
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Insurance
Comments
Contract Number 4598
CLAREMONT EAST RETIREMENT APARTMENTS INC
Lease - Parking Area
Parks
ROW File Class LEG 16-3
$40176.00
01/10/2007
01/09/2017
11/01/2016
GL
AL
E&O
$
$
$
Insurance Total
Insurance Review Date
$
02/01/2007
CPI Leasehold Tax
May extend on mutually agreeable terms
LEASE AGREEMENT
(Claremont East)
This Lease is entered into on the date fully executed below by and between THE CITY
OF BREMERTON, a municipal corporation of the State of Washington, (hereinafter referred to
as "Lessor" or "City"), and CLAREMONT EAST RETIREMENT APARTMENTS, INC., a
Washington corporation, (hereinafter referred to as "Lessee").
RECITALS
- WHEREAS, the City now owns certain land and public Right-of-Way which Lessee has
improved and been using for parking for its business; and
WHEREAS, it is the parties' desire to enter into a ten (10) year lease in conjunction with
the City issuing aRight -of- W ay permit for use of this property to allow Lessee to continue to
carry on its business,
NOW, THEREFORE, the City and Lessee agree as follows:
1. PROPERTY.
(a) Property Defined. The City leases to Lessee and Lessee leases from the
City the real property described in Exhibit A, attached hereto and incorporated herein by this
reference, together with all the rights of the City, if any, to improvements on and easements
benefiting the property but subject to the exceptions and restrictions set forth in this Lease
(hereinafter the "Property"). This Lease is granted in conjunction with the Right-of-Way permit
issued by the City as set forth in Exhibit B, attached hereto and incorporated herein by this
reference. A site plan designating the lease area and the right-of-way permit area is attached as
Exhibit C and incorporated herein by this reference.
(b) Survey, Maps, and Plans. Lessee is not relying upon and the City is not
making any representations about any survey, plat, diagram, and/or legal description provided by
the City.
(c) Inspection. The City makes no representation regarding the condition of
the Property, or the improvements located on the Property.
2. USE.
(a) Permitted Use. Lessee shall have the right to maintain and use the
Property for parking for its business and for no other business or purpose, without the prior
written consent of the City. The Property shall not be used for illegal purposes. It is agreed that
this Lease shall not be construed as the City's waiver ofland use or building code provisions that
would otherwise apply to any improvements or uses of the site.
(b) Restrictions on Use. Lessee shall not cause or permit any damage to
natural resources on or adjacent to the Property. Lessee shall also not cause or permit any filling
activity to occur on the Property without required permits. This requirement may pertain to
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Claremont East Lease
moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical,
biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other
matter in or on the Property, except as is permitted herein and performed in the ordinary course
of the business of Lessee's use and except as otherwise approved in writing by the City. If
Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this
Subsection 2(b), the City shall notify Lessee and provide Lessee a reasonable deadline to take all
steps necessary to remedy the failure. If Lessee fails to do so in a timely manner, then the City
may take any steps reasonably necessary as determined by the City, to remedy this failure. Upon
demand by the City, Lessee shall pay all costs of such remedial action, including but not limited
to the costs of removing and disposing of any material deposited improperly on the Property.
This section shall not in any way limit Lessee's liability under Section 8, below. The covenants
contained in Section 2(b) shall survive expiration or termination of this Lease.
(c) Conformance with Laws. Lessee shall, at all times, keep current and
comply with all conditions and terms of any permits, licenses, certificates, regulations,
ordinances, statutes, and other government rules and regulations regarding its use or occupancy
of the Property.
(d) Liens and Encumbrances. Lessee shall keep the Property free and clear
of any liens and encumbrances arising out of or relating to its use or occupancy of the Property.
3. TERM.
(a) Term Defined. The term of this Lease is ten (10) years (the "Term"),
beginning on the 10th day of January 2007 (the "Commencement Date"), and ending on the 9th
day of January 2017 (the "Termination Date"), unless terminated sooner under the terms of this
Lease. The Lease term in consistent with the term of the Right-of-Way permit set forth in Exhibit
B. If there is a conflict in the dates of the term of this Lease and the Right -of- W ay permit, the
dates of the term of the Right-of-Way permit shall prevail and shall serve as the dates of lease
term of this Lease.
(b) Lease Extension. The parties hereto may extend this agreement upon
terms mutually agreeable. There is no option to extend granted herein.
(c) End of Term. Upon the expiration or termination of the Term, as
applicable, Lessee shall surrender the Property to the City in the same or better condition as
existed on the Commencement Date, reasonable wear and tear excepted.
(d) Hold Over. If Lessee remains in possession of the Property after the
Termination Date, the occupancy shall not constitute an extension or renewal of the Term. The
occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease,
which may be terminated by either party on thirty (30) days written notice. The monthly rent
during the holdover shall be the same rent which would be due if the Lease were still in effect
and all adjustments in rent were made in accordance with its terms. If the City provides a notice
to vacate the Property in anticipation of the termination of this Lease or at any time after the
Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee
shall be a trespasser and shall owe the City all amounts due under applicable law.
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Claremont East Lease
4. LEASE PAYMENT.
(a) Monthly Payment. During the term of this Lease, Lessee agrees to pay.
Lessor, without notice or demand, the sum of three hundred thirty four dollars and eighty cents
($334.80) per month ("Lease Payment") plus the leasehold tax as set forth in Section 5, 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.
(b) Consumer Price Index Adjustments. The monthly Lease Payment shall
be adjusted every year during the term(s) of this Agreement based upon the prior years'
Consumer Price Index (CPI) for all urban consumers as published by the United States
Department of Labor for Seattle-Tacoma-Bremerton, all items (1982-84-100). For purposes of
the CPI adjustment, the base shall be the June 2006 CPI index June to June every year (i.e. June
2006- June 2007). The CPI adjustment shall occur on the following January 1 st of each year
during the term of this Agreement. Lessee shall make this payment to Lessor by the fifteenth day
of the month following the end of each month. Lessee may prepay these monthly payments on a
quarterly, semi-annual or annual basis or as otherwise approved by the Lessor.
(c) Payment Place. Payment is to be made to the City of Bremerton, Attn:
Director of Financial Services, 345 Sixth Street, Suite 600 Bremerton, Washington 98337.
5. OTHER EXPENSES.
During the Term, Lessee shall pay the following additional expenses:
(a) Leasehold Excise Tax, Other Taxes and Assessments. Lessee shall pay
all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to
RCW 82.29A.030 currently in the amount of 12.84 percent and as may be adjusted pursuant to
Ch. 82.29A RCW), assessments, and all other governmental charges, of any kind whatsoever,
applicable or attributable to the Property, Lessee's leasehold interest, the improvements, or
Lessee's use and enjoyment of the Property.
Lessee shall pay quarterly to the City by the fifteenth day of the month following the end
of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold
tax owing. Lessee may prepay these quarterly payments on a semi-annual or annual basis or as
otherwise approved by the City.
6. LATE PAYMENTS AND OTHER CHARGES.
(a) Late Charge. If any rental payment is not received by the City within ten
(10) days of the date due, Lessee shall pay to the City a late charge equal to ten percent (10%) of
the amount of the Lease to defray the overhead expenses of the City incident to the delay.
(b) Overdue Lease Payment. Unpaid installments of the Monthly Lease
Payment or other sums due hereunder shall, if not timely paid, be subject to a later charge of Fifty
and Noll 00 Dollars ($50.00) to cover the excess costs of administration and shall bear interest
from the date due of twelve percent (12%) until all rent and interest has 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 Lease Payment or other charges when due hereunder.
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Claremont East Lease
(c) No Counterclaim, Setoff, or Abatement of Lease Payment. Except as
expressly set forth elsewhere in this Lease, Lease Payments and all other sums payable by Lessee
pursuant to this Lease shall be paid without the requirement that the City provide prior notice or
demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement.
7. IMPROVEMENTS.
(a) Lessee-Owned Improvements. So long as this Lease remains in effect,
Lessee shall retain ownership of all Existing Improvements and all authorized improvements it
may place on the Property (collectively "Lessee-Owned Improvements"). Lessee-Owned
Improvements shall not include any construction, reconstruction, alteration, or addition to the
Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined
in Subsection 7(d) below. No Lessee-Owned Improvements shall be placed on the Property
without the City's prior written consent.
(b) Construction. Prior to Lessee commencing any construction, alteration,
replacement, removal or major repair of any improvements (whether City-Owned or Lessee-
Owned), Lessee shall submit to the City plans and specifications which describe the proposed
activity. Construction shall not commence until the City has approved those plans and
specifications in writing and Lessee has obtained a performance and payment bond in an amount
equal to 100% of the estimated cost of construction. The performance and payment bond shall
be maintained until the costs of construction, including all laborers and material persons, have
been paid in full. The City shall have thirty (30) days in which to review the proposed plans and
specifications. The plans and specifications shall be deemed approved and the requirement for
the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise
within the thirty (30) days. Upon completion of construction, Lessee shall promptly provide the
City with as-built plans and specifications. The City's consent and approval shall not be required
for any routine maintenance or repair of improvements made by the Lessee pursuant to its
obligation to maintain the Property in good order and repair that does not result in the
construction, alteration, replacement, removal, or major repair of any improvements on the
Property. The provisions of this section do not obviate any permit requirements that may apply
to the proposed activity.
(c) Removal. Unless otherwise agreed by the City in writing, Lessee-Owned
Improvements shall not be removed by Lessee during the Lease term or upon expiration or
termination of this Lease and upon expiration or termination of this Lease, shall become the
property of the City without payment by the City.
(d) Unauthorized Improvements. Improvements made on the Property
without the City's prior consent pursuant to Subsection 7(b) or which are not in conformance
with the plans submitted to and approved by the City ("Unauthorized Improvements") shall
immediately become the property of the City, unless the City elects otherwise. Regardless of
ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever,
remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to
remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee
for the cost of removal and disposal.
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Claremont East Lease
(e) Liens. Lessee shall keep the Property and Lessee's leasehold interest free
from any liens arising out of any work performed, materials furnished, or obligations incurred by
Lessee.
8. 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 Property. Lessee shall indemnify,
defend and hold Lessor harmless 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 Property 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.
9. ASSIGNMENT AND SUBLETTING.
(a) City Consent Required. Lessee shall not sell, convey, mortgage, assign,
pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease
or the Property without the City's prior written consent, which may not be unreasonably withheld
by the City. Recognizing that the Lease serves property Lessee owns commonly known as
Claremont East and is therefore an integral part of its property, Lessor agrees that Lessee or its
assigns may assign its interests in the Lease to any subsequent purchaser of its property so that
the leasehold interest transfers with ownership of the property. In the event of such consent, each
permitted transferee shall assume all obligations under this Lease, including the payment of rent.
No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of
Lessee.
(b) Rent Payments Following Assignment. The acceptance by the City of
the payment of rent following an assignment or other transfer shall not constitute consent to any
assignment or transfer.
10. INDEMNITY.
(a) The City shall not be liable for any injury to any person or for any loss of
or damage to any property (including property of Lessee) occurring in or about the leased
Property and caused by or resulting from any act or omission by Lessee any officer, agent,
employee, guest, invitee, or visitor of Lessee; and, during the full term hereof, Lessee agrees and
covenants to indemnify, defend, and hold harmless the City and those persons who were, now
are, or shall be duly elected or appointed officials or members or employees or agents thereof,
against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments
of whatsoever kind or nature whether to persons or property, to the extent arising on said
Property or on any areas adjoining the same, which is under the control or use of Lessee pursuant
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Claremont East Lease
to this lease and arIsmg out of or in connection with Lessee's use and occupancy of said
Property. The foregoing provision shall not be construed to make Lessee responsible for injuries
to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee
or visitor of Lessor.
(b) Should a court of competent jurisdiction determine that this Lease is
subject to RCW 4.24.115, then, in the event ofliability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence of
Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability
hereunder shall be only to the extent of the Lessee's negligence. IT IS FURTHER
SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions
of Section 10 shall survive the expiration or termination of this Lease.
11. INSURANCE.
(a) General Commercial Liability Insurance. Lessee, at its own expense,
shall provide and keep in force with companies acceptable to Lessor comprehensive general
liability insurance in the amount of not less than One Million Dollars ($1,000,000.00) per
occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certificate
of such policy within thirty (30) days of the Commencement Date of this Lease and whenever
required shall satisfy Lessor that such policy is in full force and effect. Such policy shall name
Lessor as an additional insured and shall be primary and noncontributing with any insurance
carried by Lessor. The policy shall further provide that it shall not be canceled or altered without
twenty (20) days prior written notice to Lessor.
(b) Certificate of Insurance. Lessee shall provide to the City documentary
evidence, certified by the insurer, of all insurance(s) required in this Lease.
(c) Subrogation. The City shall not be liable to Lessee (by way of
subrogation or otherwise) or to any insurance company insuring the other party for any loss or
damage to any building, structure, or other tangible property, or any resulting loss of income, or
losses under worker's compensation laws and benefits, if any such loss or damage is covered by
insurance benefiting the party suffering such loss or damage or was required to be covered by
insurance pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required
give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is
contained in this Lease.
12. MAINTENANCE AND REPAIR.
(a) The City's Repairs. The City shall not be required to make any
alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part
thereof, during the Term.
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Claremont East Lease
(b) Lessee's Repairs, Alteration, Maintenance and Replacement.
(i) Lessee shall, at its sole cost and expense, keep and maintain the
Property and all improvements in good order and repair, in a clean, attractive, and safe condition
including maintenance ofthe parking area, signage, striping and sweeping.
(ii) Lessee shall, at its sole cost and expense, make any and all
additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any
improvements on the Property which may be required by any public authority.
(iii) All additions, repairs, alterations, replacements or changes to the
Property and to any improvements on the Property shall be made in accordance with, and
ownership shall be governed by, Section 7, above.
13. DAMAGE OR DESTRUCTION.
(a) In the event of any damage to or destruction of the Property or any
improvements, Lessee shall promptly give written notice to the City.
(b) Unless this Lease is terminated, there shall be no abatement or reduction in
rent due to any damage or destruction ofthe Property.
14. DEFAULT AND REMEDIES.
(a) Acts Constituting Default. Lessee shall be in default of this Lease on the
occurrence of any of the following:
(i) Failure to pay the Lease Payments or other expenses when due;
(ii) Failure to comply with any law, regulation, policy, or order of any
lawful governmental authority;
(iii) Failure to comply with any other provision of this Lease;
(iv) Failure to cure a default pursuant to Section 14(b) below;
(v) Lessee vacates or abandons the Property;
(vi) Failure to comply with the terms of the Right-of-Way permit set
forth in Exhibit B; or
(vii) Proceedings are commenced by or against Lessee under any
bankruptcy act or for the appointment of a trustee or receiver of Lessees' property.
(b) Failure to Cure. A default shall become an event of default ("Event of
Default") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee
with written notice of default, which specifies the nature of the default. Notice of default is not
required in the case Lessee vacates or abandons the Property or the Lease is terminated as a result
of a revocation of the Right-of-Way permit as set forth in Section 15( d) below.
15. REMEDIES ON DEFAULT.
(a) Termination and Re-entry. In the event of any default or breach by
Lessee, Lessor may, at any time thereafter with or without notice, terminate this Lease by written
notice to Lessee and the Lessor shall have the right to enter upon the Property and re-take
possession thereof.
(b) Removal of Personal Property. In the event of a retaking of possession
of the Property by Lessor, Lessee shall remove all personal property located thereon and upon
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Claremont East Lease
failure to do so upon 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 or all of such property at a public or
private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the
payment of the charges for storage, if any, and thirdly to the payment of any other sums of money
which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to
Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully
reentering and taking possession of the Property 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.
16. REVOCATION OF RIGHT-OF-WAY PERMIT AND TERMINATION OF
LEASE.
Lessee acknowledges that the Right-of-Way issued in conjunction with this Lease is an
integral part of this Lease and further that said permit is conditionally issued subject to the
Lessor's use and need for the permitted Right-of-Way. Since this Lease and the Right-of-Way
permit set forth in Exhibit B are inter-connected, a revocation of the Right-of-Way permit shall
constitute a termination of this Lease without further notice, and likewise, a termination of this
Lease pursuant to the provisions hereof shall constitute a revocation of the Right-of-Way permit
without further notice. Lessee acknowledges that in the event the Lessor has a need for the
permitted Right-of-Way for any purpose, the Right-of-Way permit may be revoked and this
Lease terminated accordingly. A notice of default is not required in the event this Lease is
terminated due to a revocation of the Right-of-Way permit.
17. ENTRY BY LESSOR. The City shall have the right to enter the Property at any
time to inspect for compliance with the terms of this Lease. The City and/or City's agents shall
comply with all of Lessee's work safety rules and restrictions, including but not limited to
following Lessee's warning instructions and, without prior approval of the Lessee, keep out of
restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous
substance exposures on the Property.
18. NOTICE. Any notices required or permitted under this Lease may be personally
delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to
the following addresses or to such other places as the parties may direct in writing from time to
time:
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Claremont East Lease
Lessor:
Director of Parks and Recreation
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, Washington 98337
Lessee:
Betty Krueger
Claremont East Retirement Apartments, Inc.
14241 E. State Route 1 06
Belfair, Washington 98528
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set
forth above, whichever is applicable.
19. GENERAL PROVISIONS. Lessor and Lessee agree to the following general
provIsIOns:
(a) Authority. Lessee and the person or persons executing this Lease on
behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that
Lessee has full right and authority to enter into this Lease, and that each and every person signing
on behalf of Lessee is authorized to do so.
(b) 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.
(c) Entire Agreement. This Lease, including the exhibits and addenda, if
any, contains the entire agreement of the parties. All prior and contemporaneous agreements,
promises, representations, and statements relating to this transaction or to the Property, if any, are
merged into this Lease.
(d) Modification. 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. The City shall not be bound by any oral representations or statements.
(e) Cumulative Remedies. The rights and remedies of the City under this
Lease are cumulative and in addition to all other rights and remedies afforded to the City by law
or equity or otherwise.
(f) Time is of the Essence. Time is of the essence of this Lease and each and
all of its provisions in which performance is a factor.
(g) 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.
(h) Applicable Law and Venue. This Lease shall be interpreted and
construed in accordance with the laws of the State of Washington. Any reference to a statute
shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any
action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap
County, Washington.
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Claremont East Lease
(i) Waiver. No waiver of default by either party of any of the terms,
covenants and conditions hereof to be performed, kept and observed by the other party shall be
construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and
conditions herein contained, to be performed, kept and observed by the other party.
(k) Survival of Covenants. The covenants contained herein survive the
termination or expiration of the Lease for the applicable statute of limitation periods.
(I) Quiet Enjoyment. The City covenants and agrees that Lessee, upon
performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property
during said term without any interruption by the City, its successors or assigns. City will use its
best efforts not to interfere with Lessee's business or right of access to and from the Property
during the term of this Lease.
(m) Recording of Short Form Lease. Neither the City nor Lessee may record
this Lease without the other's prior approval, but the parties will at any time at the request of
either party promptly execute duplicate originals of an instrument, in recordable form, which will
constitute a short form of this Lease, setting forth a description of the Property, the terms of this
Lease and other provisions hereof, except the rental and other provisions as either party may
request, which may be recorded.
(n) Paragraph Headings. The paragraph or section 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.
(0) Duplicate Originals. This Lease Agreement may be executed in duplicate
originals.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date of the
last signature below.
CLAREMONT EAST RETIREMENT
APARTMENTS,INC.
By: Cary Boz man
Its: Mayor
Date: cJ. /;2- D 7
D AS TO FORM:
~~
ubovich, City Attorney
[Notaries are on next page]
10
Claremont East Lease
STATE OF WASHINGTON)
) 9
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Cary Bozeman is the person who
appeared before me, and acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to
be the free and voluntary act of such City for the uses and purposes mentioned in the instrument.
WITNESSET~<hmd seal this IdI-I) day of \J.eKuH fPfj , 2007.
~,F\ . oS L.
. ~,:. '~~;I~r;;;. ~~ 11 ~ tL ~
;:::.. $~ -<>" . '\~ /} ,
:.~O~~tY;~).: \.,. l /1(a LlM .)
: ,1:)( .~'" \V : NOTARY PUBLIC in ahd for the State of
9 ...o,/f:r\)'\.: & Washington, residing at 6(lQYK.J,IJ!-r."nIt VV'A
~ ~ . .. ... ,~0~ My commission expires.3 /,27/ 0 '7
F WASI(\\
STATE OF WASHINGTON)
) 9
COUNTY OF KIT SAP )
I certify that I know or have satisfactory evidence that t:,e +h.1 \ . Kru...~f r is the
person who appeared before me, and acknowledged that (s )he signed this instru nt, on oath
~ated that (s)he was authorized to execute the instru. ment, and acknowledged it as
r(-P~ Ide t1. + of the Claremont East Retirement Apartments, Inc. to be the free and
voluntary act of said corporation for the uses and purposes mentioned in the instrument.
WITNESSETII my hand and seal this 'l1b day of \fe_AA~ ,2007.
-- 6 L loqq C z...
~v~:: . ~.. O'/t- \. Jag.tv a I LJ..P ""^--'
-- L
NOT AR Y PUBLIC in and for the State of
Washington, residing at "?;(emp ("+0(\ vJ A .
My commission expires ~ /.;1//01.
R:\LegaI\Legal\Forms\Real Estate\Leases\Land Lease-Claremont East as Lessee. doc
11
Claremont East Lease
LEGAL DESCRIPTION
LEASE AREA 1
JUNIPER STREET
THAT PORTION OF PARCEL 1, BLOCK 1, 2ND ADDITION TO SHERIDAN PARK, AS
PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87025'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10025'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID JUNIPER STREET AND THE POINT OF BEGINNING; THENCE
WESTERLY ALONG SAID RIGHT-OF-WAY LINE BEING A 561.65 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC
DISTANCE OF 130.24 FEET; THENCE NORTH 66017'31" WEST ALONG SAID RIGHT-
OF-WAY LINE 73.35 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH
13034'47" WEST 5.28 FEET; THENCE SOUTH 66017'31" EAST 72.42 FEET TO THE
BEGINNING OF A 566.85 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC DISTANCE OF
131.44 FEET; THENCE NORTH 10025'20" EAST 5.20 FEET TO THE POINT OF
BEGINNING.
EXHlBlT A
LEGAL DESCRIPTION
LEASE AREA 2
JUNIPER STREET
THAT PORTION OF PARCEL 1, BLOCK 1, 2ND ADDITION TO SHERIDAN PARK, AS
PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87025'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10025'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID JUNIPER STREET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY
LINE BEING A 561.65 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 13017'09" FOR AN ARC DISTANCE OF 130.24 FEET; THENCE NORTH
66017'31" WEST ALONG SAID RIGHT-OF-WAY LINE 98.08 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH.
66017'31" WEST 148.38 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH
12055'43" WEST 17.89 FEET; THENCE SOUTH 65054'18" EAST 140.35 FEET; THENCE
NORTH 37055'03" EAST 19.10 FEET TO THE POINT OF BEGINNING
EXHIBIT A
Drcc.r''IC.r- I url t.11'.1H'it.t.r; 1'.1
F'AI~E 02," IClt,
City of Bremerton
J027 OI)lnpUS Drive * Bremerton, WA 98310-4i99
=
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Application for Long Term Type C
Right-or.Way Use Permit
r
I ;\lame:
r '--'
, Company:
f--:--:.
j Address:
i Telephone No.:
E-Mail:
I
. '.
APPLIC ANT INFORMA Tl0N
I
I
j
J
I Fax No.:
I
fName:
l Cumpany:
I Address:
~ Telephone No.:
E-MaIl:
PERMITTEE INFORMATION (if different)
-I Fax No.:
SITE INFORMATION
. 1. Street Address:
, 2. Description of penn it area (distance from property comer, dimensions and shape of area, etc.):
May be attached
I
I
13.
I
1
i 4.
Altach a drawing of the permit area showing the adjoining property, proposed right-of-way use area
including the dimensions and angles from the adjoining property comer. This must match the property
description in Number 2 above.
Area afright-of-way used (square feet):
.;;, DescriptIOn of use (i e, paved parking circulation, equipment storage/display, paved parki ng area
"ignage. etc.):
I
1
i_____~___~ 'n__,____~'__,_,_,_~_ ___--,_,_.'
EXHIBIT B
C'I'<'t:.I"It:.t-'1 Ufl t.r 1':i11 ~ttr.'I':J
F'A'3E 03'/05
CITY OF BREMERTON
LONG TERM TYPE C R1GIlT-OF~WAY USE PERMIT
-
SITE INFORMATION (continued):
I
I
I
16.
Requeste.d duration of penn it (minimum 2 months, maximum 5 years):
7. Documentation of allowed use from the City Economic and Community Development Department
(attach).
8. Insurance accord fonn in the amount of$1,000,000 with the City named as additional insured (attach).
9. Application fee of$lOO.OO.
For City Use Only
1. Date Recei ved:
2. Application Material Complete: 0 Yes By:
o No
Date:
3. · Value of Adjoining Land: Total
No. of Square Feet
· Value per Square Foot:
$
/ Sq Ft
· Value of Penn it Area (annually):: $
4. Information put on permit and returned to applicant for processing (Date):
Applicant needs to provide first years rent with signed permit.
5. Signed permit received from applicant.
6. Executed pennit returned to applicant.
F!f)';.., Typ: C P.~mut App. lb. 07"'::6;,',N
..L '_'" .... '_" __ '-' ,_, ,_, J. J. . _I"
':It,t,)-y {..)-:I.::'jt;
BFH,1EF.'Tmj EtjI3HiEEPI'3
F'i~IJE 04/05
PeJ1'T'llltee:
Location:
lONG-TERM TYPE C RIGHT-OF-WAY USE PERMIT
THIS PERMIT is made and entered into this __ day of , 20_, by
and between the CITY OF BREMERTON, a municipal corporation hereinafter referred to as
"City" and I hereinafter referred to as "Permittee",
WITNESSETH:
In consideration of the covenants, promises and terms contained herein, the parties
hereby agree as follows:
1. location of Property. City hereby permits the Permittee to use the following
described real property within the City right-of-way:
; hereinafter referred to as "Property".
2. Use of Property. Permittee shall have the use and occupancy of the Property
for the purpose of:
Permittee understands and agrees that the right-of-way can not be used to meet
development standards or permit requirements such as parking, landscaping, set back or buffer
area on a permanent basis.
3. Term. The term of this Permit shall be years, commencing on the
day of . 20 . and terminating years thereafter,
unless terminated earlier according to the provisions herein.
4. Use Fee. Permittee shall pay City for the rent of said Property the sum of
$ to be paid annually the first payment due on the commencement date, Annual
payments shall be due January 10tn of each year of the agreement.
5. Repairs and Maintenance. Permittee agrees to accept all responsibility for
maintenance of all improvements placed on the Property by the Permittee and to keep the
Property and any such improvements thereon in a state of good repair and to maintain them at
all times so as not to cause any safety hazard nor visual blight on the Property, Permittee
agrees to perform City directed repairs and maintenance within 30 days of written notice from
the City.
6. Ownership of Improvement. All improvements erected by Permittee on the
Property shall remain the property of the Permittee.
Type C - ROW Permit - Page 1
Permittee:
Location:
Rev 4-8-2003
-""-".,. -... I'~ _I-_I..JU
t,~'t..r"u::r< IUt ~ Et ~r:i HiEEP I r:i
F'A':iE 05/05
7. Removal of Improvements. Improvements shall be permanently removed by
the Permittee at the termination of the Permit or upon sixty days (60) wntten notice from the City
at such time the City finds it necessary to modify the use of the Property. If the required
removal is not completed within the time stipulated by the City, the City is authorized to have the
removal work done and the cost thereof, induding administrative and legal fees, shall become a
civil debt of the Permittee and shall be a lien against the Permittee's property. Also, the City
may, without notice, remove the improvements as necessary to repair utilities or other public
facilities. The City has no obligation to reconstruct or replace such improvements.
8. Compliance with Law. In the use of Property, Permittee shall fully comply wlth
all applicable federal, state, county and muniCipal laws, ordinances and regulatIons.
9. Assignment of Permit. Permittee shall not assign or transfer its interest in this
Permit, or sublet the Property or any parts thereof, or permit the Property to be used for any
purpose not permitted by this Permit, without prior written consent of the City. Any attempt to
assign or transfer an Interest in this Permit shall be cause for immediate termination.
10. Insurance. Permittee, at its own expense, shall provide and keep in force with
companies reasonably acceptable to City comprehensive general liability insurance In the
amount of not less than $1,000,000 per occurrence for bodily injury and property damage.
Permittee shall provide the City's Risk Manager with a certificate of insurance evidencing this
coverage and indicating that the City is an additional named insured thereunder. Thirty (30)
days advance notice to City of cancellation shall also be provided.
11. Indemnification. Permittee hereby agrees to defend and indemnify and hold
harmless the City from any and all claims, lawsuits, damages or actions or liability which may
arise from the Permittee's use of said Property pursuant to this Permit. No employees or agents
of Permittee shall be considered employees or agents of the City.
12. Tennination. Either party may terminate this Permit by furnishing to the other
party, by registered mail, a notice of termination at least sixty (60) days prior to the intended
date of termination. If Permittee defaults in payment of rent. or breaches any other covenant or
condition of the Permit, City may declare a forfeiture of this Permit for such default, reenter the
property, and remove the improvements, upon ten (10) days written notice to cure breach or
default and Permittee fails to do so.
13. Notices. All notices to be given by either of the parties hereto to the other party
shall be in writing and may either be delivered personally or may be deposited in the United
States mail, postage prepaid, as either certified or regular mail, addressed as specified below,
or to such other designate in writing.
City:
Permittee:
City of Bremerton
City Clerk
345 6th Street, Suite 600
Bremerton, WA 98337
fype C - ROW Pfirmit - Page 2
pljrmirtee:
Location:
Rev 4-8-2003
Dr"C.I"'It.r" 11.)11 t.11'.:1 if It. t. ,",,' 1'.:1
F'AI3E 05,/05
14. Waiver of Default. No waiver of default of either party of any of the terms,
covenants, and conditions hereof to be performed, kepI and observed by the other party shall
be construed as, or operate as, a waiver of any subsequent default of any of the terms,
covenants. and conditions herein contained, to be performed, kept and observed by the other
party.
IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date
first herein above written.
PERMITTEE:
Dated:
By:
Date:
CITY OF BREMERTON
By:
Mayor
DEPARTMENT APPROVAL:
Public Works and Utilities
APPROVED AS TO FORM:
City Attorney
RECEIVED FOR FILING:
City Clerk
Type C - ROW Permit - P03ge ::I
PermittflA'
Loc;1tion:
Rev 4-8.2003
LEGAL DESCRIPTION
R/W PERMIT AREA
JUNIPER STREET
THAT PORTION OF JUNIPER STREET SITUATED WITHIN THE PLAT OF 2ND
ADDITION TO SHERIDAN PARK, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS,
PAGES 74 AND 75, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87025'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10025'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID JUNIPER STREET AND THE POINT OF BEGINNING; THENCE
WESTERLY ALONG SAID RIGHT-Of-WAY LINE BEING A 561.65 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13017'09" fOR AN ARC
DISTANCE Of 130.24 FEET; THENCE NORTH 66017'31" WEST ALONG SAID RIGHT-
OF-WAY LINE 73.35; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 23042'29"
EAST 5.00 FEET; THENCE SOUTH 66017'31" EAST 73.35 fEET TO THE BEGINNING OF
A 556.65 fOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC DISTANCE OF 129.08
FEET; THENCE SOUTH 10025'20" WEST 5.00 fEET TO THE POINT Of BEGINNING.
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Southerly face ~ ";0'';--... _" LlI..........
of 8" cone. curb. '..1S' ........,:i L5 . ':.:,L.... .......... ....
LEASE AREA 2/'...../L6 L.i ...;:........!~LI~R/W PERMIT AREA
.....,........ ................
L3'" ............. ....
...................... ----
................. ................ ------
--........ ...._....C! C4 _,_____
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Sout~erly face ~ C2 """--.::::: --.... L2 ~
of 8 cone. curb. 7 _ '.
LEASE AREA 1 L8
LINE
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LINE TABLE
BEARING
S 87"25'29" E
N 10"25'20" E
N 6677'31" W
N 13'34'47" E
N 6677'31" W
S 37"55'03" W
N 12'55'43" E
N 10'25'20" E
N 10'25'20" E
N 66'17'31" W
N 23'42'29" E
S 6617'31" E
LENGTH
37.14'
20.00"
72.42'
5.28'
24.73'
19.10'
17.89'
5,20'
5.00'
73.35'
5.00'
73.35'
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Permittee: Claremont East
Location: 600 Block of Juniper St..
LONG-TERM TYPE C RIGHT-OF-WAY USE PERMIT
THIS PERMIT is made and entered into this 31st day of January, 2007, by and between the
CITY OF BREMERTON, a municipal corporation hereinafter referred to as "City" and
Claremont East Retirement Apts. Inc. , hereinafter referred to as "Permittee".
WITNESSETH:
In consideration of the covenants, promises and terms contained herein, the parties
hereby agree as follows:
1. Location of Property. City hereby permits the Permittee to use the following
described location within the City right-of-way: 5Ft. X approx. 203.01 LF on the south side of
Juniper St per attached exhibit map: hereinafter referred to as "Property".
2. Use of Property. Permittee shall have the use and occupancy of the Property
for the purpose of:
occupying with vehicle parking
Permittee understands and agrees that the right-of-way can not be used to meet
development standards or permit requirements such as parking, landscaping, set back or buffer
area on a permanent basis.
3. Term. The term of this Lease shall be ten (10) years, commencing on the 31st
day of January , 2007, and terminating ten (10) years thereafter, unless terminated earlier
according to the provisions herein.
4. Rent. Permittee shall pay City for the rent of said Property the sum of
$1,143.72 to be paid annually the first payment due on the commencement date. Annual
payments shall be due January 10th of each year of the agreement.
5. Repairs and Maintenance. Permittee agrees to accept all responsibility for
maintenance of all improvements placed on the Property by the Permittee and to keep the
Property and any such improvements thereon in a state of good repair and to maintain them at
all times so as not to cause any safety hazard nor visual blight on the Property. Permittee
agrees to perform City directed repairs and maintenance within 30 days of written notice from
the City.
6. Ownership of Improvement. All improvements erected by Permittee on the
Property shall remain the property of the Permittee.
7. Removal of Improvements. Improvements shall be permanently removed by
the Permittee at the termination of the Permit or upon sixty days (60) written notice from the City
at such time the City finds it necessary to modify the use of the Property. If the required
removal is not completed within the time stipulated by the City, the City is authorized to have the
removal work done and the cost thereof, including administrative and legal fees, shall become a
civil debt of the Permittee and shall be a lien against the Permittee's property. Also, the City
Type C - ROW Permit - Page 1
Permittee: Claremont East
Permit No: BW07 00008
Rev 1-4-2000
may, without notice, remove the improvements as necessary to repair utilities or other public
facilities. The City has no obligation to reconstruct or replace such improvements.
8. Compliance with Law. In the use of Property, Permittee shall fully comply with
all applicable federal, state, county and municipal laws, ordinances and regulations.
9. Assignment of Permit. Permittee shall not assign or transfer its interest in this
Permit, or sublet the Property or any parts thereof, or permit the Property to be used for any
purpose not permitted by this Permit, without prior written consent of the City. Any attempt to
assign or transfer an interest in this Permit shall be cause for immediate termination.
10. Insurance. Permittee, at its own expense, shall provide and keep in force with
companies reasonably acceptable to City comprehensive general liability insurance in the
amount of not less than $1,000,000 per occurrence for bodily injury and property damage.
Permittee shall provide the City's Risk Manager with a certificate of insurance evidencing this
coverage and indicating that the City is an additional named insured thereunder. Thirty (30)
days advance notice to City of cancellation shall also be provided.
11. Indemnification. Permittee shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with this permit, except for that portion of the injuries and damages caused by the
City's sole negligence. This provision shall survive the expiration or termination of the permit.
12. Termination. Either party may terminate this Permit by furnishing to the other
party, by registered mail, a notice of termination at least sixty (60) days prior to the intended
date of termination. If Permittee defaults in payment of rent, or breaches any other covenant or
condition of the Permit, City may declare a forfeiture of this Permit for such _ default, reenter the
property, and remove the improvements, upon ten (10) days written notice to cure breach or
default and Permittee fails to do so.
13. Notices. All notices to be given by either of the parties hereto to the other party
shall be in writing and may either be delivered personally or may be deposited in the United
States mail, postage prepaid, as either certified or regular mail, addressed as specified below,
or to such other designate in writing.
14. Waiver of Default. No waiver of default of either party of any of the terms,
covenants, and conditions hereof to be performed, kept and observed by the other party shall
be construed as, or operate as, a waiver of any subsequent default of any of the terms,
covenants, and conditions herein contained, to be performed, kept and observed by the other
party.
City:
Permittee:
City of Bremerton
City Clerk
345 6th St. Suite 600
Bremerton, WA 98337
BETTY L. KRUEGER. PRESIDENT
Claremont East Retirement Apartments, Inc.
2707 Clare Avenue
Bremerton, WA 98310
Type C - ROW Permit - Page 2
Permittee: Claremont East
Permit No: BW0700008
Rev 1-4-2000
IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date
first herein above written.
PERMITTEE:
Dated: ,!)J2ll;Jw.(j/rTf; Ut"/
/l -1 ),
BY{~fI.Y:Lr.4~ '}\ . r-<y\CAALLJ~
I I I .
Date: ~./.Mn ~.:LcJ, ~007
CIT~~
By: ~
Mayor. ~
D~7~
Director, Public Works and Utilities
A~p
Ci ttorney
Type C - ROW Permit - Page 3
Permittee: Claremont East
Permit No: BW0700008
Rev 1-4-2000