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2825
PARKS & RECREATION
Watershed Property for Sports Complex
PW Util
LEG 16-3
10/08/1986
12/31/2016
09/01/2016
LEASE AGREEMENT
PART A -- SIGNATURE FORM
PARTIES
THIS LEASE AGREEMENT entered into by and between the
CITY OF BREMERTON, a municipal corporation duly organized and
existing under the laws of the State of Washington (hereinafter
referred to as "Lessee"), and the CITY OF BREMERTON WATER
UTILITY, a Washington corporation (hereinafter referred to as
"Lessor")
W I TNE S S E TH;
1. Premises. The Lessor is the legal owner of the
following described real property:
See Exhibit "A" attached hereto and incorporated
herein by this reference.
The Lessor hereby leases to the Lessee, and the Lessee hereby
leases from the Lessor said real property for the uses and
purposes described hereinbelow.
2. Uses and Purposes. Lessee shall have the use and
occupancy of the premises for the sole purpose of using and
developing a City park and for such other uses ancillary to park
purposes.
3. Term. The term of this lease, and any extensions,
shall be as follows: Beginning the 8th of October, 1986, and
terminating the 31st day of December, 2016, by either party, all
subject to terms and conditions hereof; in consideration of which
the Lessee shall abide by all of the terms and conditions of this
Lease and shall pay rent to the City as hereinafter set forth.
4. Rent. Lessee covenants to pay to Lessor as rental
for the premises, the s~m of Three Hundred Fifty Dollars
($350.00) per acre per year, payable by Lessee to Lessor on or
before the 31st day of December of each year; provided, however,
prior to development of the property as a sports complex, said
lease rental amount shall be $1.00 per acre per year.
5. Utilities. Lessee shall pay its electricity,
natural gas, water and sewer, if any, separately in addition to
the monthly rental.
6. Effectuation of Agreement. In order to be
effective, this lease must be (1) signed by an authorized
representative of the Lessor and returned to the City at the
address set forth below, on or before ,
accompanied by any required policy of insurance, and (2) signed
by the Mayor of the City of Bremerton, and the City Clerk
pursuant to ordinance authority.
7. Termination of Lease. This lease shall terminate
immediately upon notification to the Lessor of failure of the
November 1986 General Election Parks and Recreation Improvement
Bond.
IN WITNESS WHEREOF, the parties hereto have affixed
their signatures below:
THE CITY WASTEWATER UTILITY THE CITY OF BREMERTON
Lessor Lessee
B~LOBE~M ~ LOBE, May~r
ATTEST:
KATHLEEN L. MuCLUSKEY, Clerk
City's Address for all Lessor's Address for all
Communications: Communications:
City Clerk City Clerk
239 Fourth Street 239 Fourth Street
Bremerton, WA 98310 Bremerton, WA 98310
STATE OF WASHINGTON )
) ss
COUNTY OF KITSAP )
ON THIS DAY personally appeared before me Gene Lobe and
Kathleen L. McCluskey, to me personally known to be the Mayor and
the City Clerk, respectively, of the City of Bremerton, a
municipal corporation, that executed the foregoing instrument and
acknowledged to me that they signed and sealed the same
as the free and voluntary act and deed of said municipal
corporation and on oath stated that they were authorized to
execute said instrument and that the seal affixed is the seal of
said municipal corporation.
WITNESS MY HAND OFFICIAL seal the day and year first
above written.
NOTARY PUB~ £n and for the
Stat. epf W~hington, residing at
· ;//// .
Commiss }~on expires:
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LEASE AGREEMENT
PART B -- GENERAL TERMS AND CONDITIONS
1. LICENSE AND TAXES. Lessee shall fulfill all fiscal
obligations imposed by law or contract. Lessee shall also
procure, at Lessee's sole expense, all approvals and permits in
compliance with all regulations, statutory and otherwise, of any
governmental body.
2. USE AND CARE OF PREMISES.
a. General Condition: The premises used
exclusively by Lessee, shall at all times be kept in a neat,
clean, safe and sanitary condition, and kept and used in
accordance with the laws of the State of Washington and Charter
and ordinances of the City. The Lessee shall not permit any
waste, damage, or injury to the premises.
b. Maintenance - Repairs: The premises have been
inspected by both parties and are accepted in an "as is"
condition. Lessee shall be required to keep and maintain said
premises in as good as condition as it is in when accepted by
Lessee and maintain any and all improvements thereon in a like
manner.
c. Alterations and Improvements: Improvements may
be made at Lessee's discretion. All alterations, additions and
improvements which shall be made, shall be at the sole cost and
expense of Lessee, and shall remain in and be surrendered with
the premises as a part thereof at the termination of this lease.
The Utility reserves an unqualified right to make alterations to
the premises or to the building in which the premises are
situated (1) where conditions exist which are deemed by the
legislative authority to constitute an emergency, or (2) in order
to correct code deficiencies.
d. Access: The Utility reserves for itself, its
officers, employees, agents and contractors, free access to said
premises at all reasonable times for the purposes of inspecting,
cleaning or making repairs, additions or alterations to the
premises, but this right shall not be construed as an agreement
on the part of the City to make said inspections, clean or make
repairs, additions or alterations.
e. Keys: In the event that the Lessee requests a
change in locks or changes the locks, said changes shall be at
the sole expense of Lessee. Lessee shall notify the Utility in
writing of such change and for emergency use, shall provide the
Utility with one (1) key for each lock on the premises.
4. 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 in Part A hereof, or to such other
respective addresses as either party may from time to time
designate in writing. Notices sent by mail shall be deemed to
have been given when properly mailed; the postmark affixed by the
United States Post Office shall be conclusive evidence of the
date of mailing.
5. AMENDMENTS: The parties hereto expressly reserve
the right to renegotiate the provisions hereof, including the
term of this lease, from time to time as may be necessary and to
amend this lease accordingly; provided, however, that no
alteration or modification of the terms or conditions hereof
shall be valid and binding unless made in writing and signed by
the authorized representatives of the parties hereto.
6. WAIVER OF DEFAULT. 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.
7. TERMINATION. A. In the event that the Lessee
defaults in the performance of any terms, provisions, covenants
and agreements on the Lessee's part to be kept, observed and
performed, and such default is not corrected within thirty (30)
days after the receipt of notice thereof from the City, or such
shorter period as may be reasonable under the circumstances; or
if the Lessee shall abandon, desert, vacate or remove from the
premises; or if the Lessee shall file a petition in bankruptcy;
or if the Lessee shall be adjudicated a bankrupt after the filing
of an involuntary petition in bankruptcy; or if the Lessee shall
take or receive the advantage or benefit of any insolvency; or if
the Lessee shall enter into an agreement of composition with the
Lessee's creditors; then, in such event, the City, at its option
at any time thereafter, may terminate this lease together with
all of the estate, right, and title thereby granted to or vested
in the Lessee, by giving twenty (20) days' notice in writing of
such election, by certified mail addressed to the Lessee at the
address specified in part A hereof, and at the expiration of such
twenty (20) day period, the lease and all of the estate, right,
title and interest thereby granted to or vested in the Lessee
shall then cease and terminate, and the City may re-enter said
premises using such force as may be required. The legislative
authority shall have the right to determine on the City's behalf
the existence of any default in performance or other breach or
violation of the terms and conditions hereof on the part of the
Lessee.
B. Both parties understand and agree that the
Parks Department is leasing this property from the Water Utility
for the purpose of constructing a sports complex. Prior to the
construction of said sports complex, this property shall be used
as a City park. In the event that funding for a sports complex
is unavailable and continues to be unavailable until December 1,
1987, Lessee shall have the option of terminating its lease with
the Utility by providing at least 10 days notice to the Utility
in accordance with the terms and provisions of this lease. In
the event that funding is not available as of December 31, 1988,
for the construction of a sports complex, this lease shall expire
by its own terms pursuant to this paragraph.
8. SURRENDER OF PREMISES. At the expiration or
termination of this lease, including any extensions thereof, the
Lessee shall quit and surrender said premises and all keys
thereto, without notice and in as good condition as received at
commencement of the term, ordinary wear and tear, damage or
destruction by fire or other casualty or circumstances
uncontrollable by the Lessee excepted; provided, that if
alterations, additions or improvements have been made to the
premises as provided in this lease, the Lessee shall not be
required to restore the premises to the condition in which they
were prior to such alterations, additions or improvements having
been made. Lessee shall have the right, but not the obligation,
of removing any of its trade fixtures from the premises at the
termination of this lease and any extension thereof.
9. ADJUDICATION. This lease shall be construed under
all of the applicable laws, statutes, ordinances, rules and
regulations of the United Sates, the State of Washington, County
of Kitsap, and the City of Bremerton. In the case of a dispute
between the parties, venue over such dispute shall be with the
Superior Court of Kitsap County, Washington.
10. BINDING EFFECT. This lease shall be binding upon
the heirs, successors, assigns and all other parties legally
empowered with signatory rights of any or all of the parties
hereto.
11. INVALIDITY OF PROVISIONS. Should any term,
provision, condition or other portion of this lease be held to be
inoperative, invalid or void, the same shall not affect any other
term, provision, condition or other portion of this lease; and
the remainder of this lease shall be effective as if such term,
provision, condition or portion had not been contained herein.
12. DAMAGES OR DESTRUCTION: In the event the premises
are damaged by fire, earthquake, act of war, or other
extraordinary casualty to such an extent as to render the same
untenantable in whole or in substantial part thereof, or are
destroyed, it shall be optional with the Utility to repair or
rebuild the same; and within forty-eight (48) hours after the
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happening of such event, the Lessee shall give the Utility or
Utility's agent notice thereof. The Utility shall have not more
than sixty (60) days after the date of such notification to
notify the Lessee, in writing, of the Utility's intentions to
repair or rebuild said premises, or any part so damaged. If the
Utility shall fail to give the notice aforesaid, the Lessee shall
have the right to declare this lease terminated by written notice
provided to the Utility. Notwithstanding any other provision
herein, no party to this lease shall be liable in damages to any
other party for termination of this lease because of the damage
or destruction of the premises or the building in which the
premises form a part, as described in this Section.
13. NON-DISCRIMINATION: Lessee shall comply with all
federal, state and local laws and ordinances prohibiting
discrimination in employment with regard to age, sex, race,
color, creed, national origin or physical or mental handicap,
unless based upon a bona fide occupational qualification.
14. PREVIOUS AGREEMENTS SUPERSEDED: The terms and
conditions of this Agreement supersede the terms, obligations and
conditions 'of any existing or prior agreement between the parties
regarding the subject matter of this Agreement.
15. ENTIRE AGREEMENT: This lease, including the
exhibits and addenda attached hereto and forming a part hereof
(if any), are all of the covenants, promises, agreements, and
conditions, either oral or written, between the parties.
16. LEASE OPTION: Lessee is leasing approximately
twenty (20) acres of property pursuant to this lease agreement.
Utility hereby grants to Lessee the option to lease up to an
additional thirty (30) acres of adjoining proeprty for existing
park expansion under the same terms and conditions of this lease.
This option shall exist for five (5) years and shall expire
Deemeber 31, 1991, if not exercised in writing by the Lessee
prior to that time.
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