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Home My WebLink About4968 Contract Number: 4968 Vendor: NATURAL RESOURCES, DEPT OF (WA STATE) Subject: Aquatic Lands Lease 22- 002784 Storm Drainage Outfall Department: Engineering File Class: LEG 12 -1 Begin Date: 6/9/1995 End Date: 6/14/2015 Review Date: 1/01/2015 Vault Date: Comments: This lease was originally signed, but not recorded, on 6/9/95. The lease was renewed on 8/12/10. Lease renewal recorded on 9/1/2011. r r Return Address City Clerk City of Bremerton 345 Sixth Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201109010109 Lease Renewal Rec Fee $ 72 00 09/01/2011 01 38 PM Page 1 of 11 Walter Washington, Kitsap Co Auditor I� 1111111111111 III III IIII 1111111 111111 IIII IIII IIIII VIII 1111111 III VIII Illil VIII IIII IIII f AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 LEASE RENEWAL Reference Number(s) of Documents assigned or released Grantor(s) 1 Washington State Department of Natural Resources X❑ Additional names on page 3 of document Grantee(s) 1 The City of Bremerton XO Additional names on page 3 of document Legal Description A portion of.Govt Lot 1 pat 5/23/88 vol 1 pg 43, of the NW ' /4 of Section 13, Township (abbreviated) 24 N, Range 1 West, W M in Kitsap County, WA X❑ Additional legal is on page 1 of document Assessor's Property Tax Parcel /Account Number 132401 -2- 014 -2002 upland parcel used in conduction with this lease Project Name Lease renewal for Warren Avenue Outfall at Evergreen Park shoreline LEASE RENEWAL SEE EXHIBIT "A" ATTACHED QO PAGES) LEASE RENEWAL -DNR COVER PAGE TOTAL 1 J PAGES r When recorded, return to _ City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 ® ®,t WASHINGTON STATE DEPARTMENT OF Natural 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 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 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 ") Lease Renewal Page 1 of 5 Lease No 22- 002784 B The lease was previously amended by renewal respectively dated June 15, 2007 Copies of the renewal are attached as Exhibit 1 Lessee now possesses the rights, duties, and liabilities under the Lease as amended 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, 2011, and ending on the 14th day of June, 2015, 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) related to the non- water- dependent use 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 CONFIRMATION OF LEASE All other terms of the Lease not inconsistent with this Lease Renewal are hereby affirmed and ratified SECTION 5 RECORDATION 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 Tenant 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 Lease Renewal Page 2 of 5 Lease No 22- 002784 THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below CITY OF BREMERTON Dated .TG We- a2 9 20 // PATTY LEN Title Ma o Address 3027 Olympus Drive Bremerton, WA 98310 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated a 2 , 20L EIR DGET MORAN Title Deputy Supervisor Address 950 Farman Avenue North Enumclaw, WA 98022 -9282 Approved as to Form this October, 2003 Mike Grossmann, Assistant Attorney General Approved as BRE 0 TTORNEY By Lease Renewal Page 3 of 5 Lease No 22- 002784 REPRESENTATIVE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss COUNTY OF 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 wbr. " XJ 5 Dated (Sign u ) c4al �&Za NDTNWFUBLIC Notary Pu n and for the St e of Washington, STATE OF WASHINGTON residing at G Q tr CAROL L ETGEN COMMISSION EXPIRES 12/18/2012 My appointment expires Lease Renewal Page 4 of 5 Lease No 22- 002784 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss County of1ik,X**uY-) ) I certify that I know or have satisfactory evidence that BRIDGET MORAN 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 Deputy Supervisor of the Department of Natural Resources, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated ti '�-_ (Signature) 7& a otanr •; (Print Name) Notary Public in and for the State of Washington, residing at 4CH 14 : yea ~.�� My appointment expires OF A�� Lease Renewal Page 5 of 5 Lease No 22- 002784 Exhibit 1 4 STATE DEPARTMENT OF Natural Resources Peter Goldmark Commissioner of Public Lands LEASE RENEWAL Lease No. 22- 002784 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 government agency /entity ( "Lessee ") ` BACKGROUND A Lease No 22- 002784 was entered Into on the 15 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 ") 1 B The parties now desire to renew this Lease under the following terms and conditions THEREFORE, the parties agree as follows SECTION I RENEWAL The Lease is hereby renewed for one four (4) year term, beginning on the 15th day of June, 2007, and ending on the 14th day of June, 2011 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 Lease Renewal Page 1 of 5 Lease No 22- 002784 Exhibit 1 SECTION 3 AMENDMENTS I he 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 CONFIRMATION OF LEASE All other terms of the I ease not inconsistent with this Lease Renewal are hereby affirmed and ratified SECTION 5 RECORDATION 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 par"I 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 Renewal Page 2 of 5 Lease No 22- 002784 Exhibit 1 I I [IS AGREI- MLN I requires the Signature of all parties and is executed as of the date of the last signature below CITY OF BREMERTON Dated 1 20 / 0 L� PATTY LE Mayor Address 3027 Olympus Drive Bremerton, WA 98310 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated , 20k) KR IN SWENDDAL Aquatics Division Manager Address 950 Farman Avenue North Enumclaw, WA 98022 -9282 0 Approved as to Form this October, 2003 Mike Grossmann, Assistant Attorney General Lease Renewal Page 3 of 5 Lease No 22- 002784 Exhibit 1 REPRESENTATIVE ACKNOWLEDGMENT S I'A I I OF WASI IINGI ON ) ss COUNTY Of 1 c.eitify 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 / t ,, A (hnature) � " y- (Print Name) Notary Publws m and for the State of Washington, �— residing atf � fL_rt,`��ll NOTARY PUBLIC STATE OF WASHINGTON CAROL L ETGEN My appointment expires f- COMWSSION EXPIRES 12/1812012 Lease Renewal Page 4 of 5 Lease No 22- 002784 Exhibit 1 S FA T'E AC'KNOWLEDGMEN'T' S FA f E OF WASHING - 1 ON ) �. ) 5 s Cl)Unty L�� I .ertify 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 party for the uses and purposes mentioned in the instrument r ' , Dated ! \\t ►%� � ` ��.... ;�G' i n e �� ) ` �''.• H •'y % = NOTARY PUBLIC -- (Pant Nam %`'• '�?•� Notary P is in d for the Slate of Washington, � 9�•. a1s.50 ' � OF 1N ...... � � residing rvt My appointment exp res C AV%L VL AF I WV Y Lease Renewal Page 5 of 5 Lease No 22- 002784 Contract Number: Vendor: Subj ect : Department: File Class: Begin Date: End Date: Review Date: Vault Date: 4968 NATURAL RESOURCES, DEPT OF (WA STATE) Aquatic Lands Lease 22-002784 Storm Drainage Outfall Engineering LEG 12-1 6/9/1995 6/14/2011 5/15/2011 Comments: This lease was originally signed, but not recorded, on 6/9/95. The lease was renewed on 8/12/10. October 6, 2010 Li.ndie Schmidt Shoreline District Aquatics WA State DNR 9 5 0 Farman Avenue N Enumclaw, WA 98022-9282 Re: Aquatic Lands Lease 2 2-002 784 Dear Ms. Schmidt: Enclosed, per your request, is a copy of the recorded referenced lease agreement. I apologize for not returning this within 30 days as requested. I found that the original lease as executed in 1995 had not been recorded and so I had to put together a recordable copy of the original agreement to send to the Auditors with the renewal for recorcling. Thank you for your assistance. Sincerely, , ,P/j2�� Carol L. Etgen, MM City Clerk cc: Thomas Knuckey, Engineering Frnwnc�a� seRV�cEs Cify C/edE! Caroi L. Etgen, MMC ca rol.e�qenLHici.bremerton.wa. us �� ' 's�;:`' ==�"— '' ^a; z:Tef3fi0i473�b323' �� `:� "Faic 36Q ;473-5200 r � �� ;:�x;:i-p `s,'.'r.,:;., i.��i�<� , .`=5 # ; ,34$,6th Street; Suite,600°- : + `Bremei#on;.lNA 98337=187:�y�j ��t�• 'f' - �` `-tr�{ i August 12, 2010 Washington Dept of Natural Resources Aquatics Shoreline District 950 Farman Avenue North Enumclaw, WA 98022 Contract Transmittal Enclosed is a partially executed copy of the Aquatic Lands Lease No. 22-002784. If final execution is approved by the Department, please return a copy for our files to: City of Bremerton Attn: City Clerk 345 Sixth Street, Suite G00 Bremerton, WA 98337-1873 Sincerely, � � ��/L� � Carol L. Etgen, C City Clerk .� cc: Tom Knuckey, Engineer FINMIC1dL SERMCES City Cle�Rrl Carol L. Etgen, MMC caro I.etgen�ci.bremerton.wa.us `� `I WASHINGTON STATE DEPARTMENT OF �VatUral �@SOI,IYC@S v PeterGoldmark-CommissionerofPubliclands August 4, 2010 Mr. Tom Knuckey, P.E. Managing Engineer - Utilities City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 SUBJECT: Aquatic Lands Lease No. 22-002784 Dear Mr. Knuckey: Caring for your natural resources ... now and forever � � � `' � L c _ � t1 �...�.-.m `u �',� °� � � M;� �,:;...} t �4�� '� � ��':`.s � �;�;:;�;A� , ��. ��'„ 4��,� � a.�.�_._..�� Enclosed for your review are: • Two (2) identical originals of Lease Renewal No. 22-002784 for the period from June 15, 2007 to June 14, 2011; • One (1) copy of the primary agreement Lease 22-002784, for reference. If the lease renewal documents meet with your approval, please have the mayor sign and date all copies and return them within sixty (60) days to: Washington Department of Natural Resources Aquatics Shoreline District 950 Farman Avenue North Enumclaw, WA 98022 Please note that the mayor's signature must be notarized. Each Lease Renewal contains a certificate of acknowledgement for this purpose. Upon receiving the items listed above and completion of our final evaluation at the staff level, we will submit them to Department of Natural Resource management for their review and, if appropriate, final execution. Please call me at 206-949-1740, if you have any questions. Sincerely, -�. ��-,� �� Lindie Schmidt, Natural Resource Specialist Aquatic Shoreline District Enclosures District File TRO File db/22002784Transm itta I SOUTH PUGET SOUND REGION 1 950 FARMAN AVE N 1 ENUMCLAW, WA 98022-9282 TEL: (360) 825-1631 1 FAX: (360) 825-1672 1 TTY: (360) 902-1125 1 TR5 711 1 WWW.DNR.WA.GOV a EQUAL OPPORTUNITY EMPLOYER aecvaeo anrea � �� `I `S WASHINGTON STATE DEPARTMENT OF Caring for Natural Resources your natural resources � PeterGoldmark-CommissionerofPublicLands ... IIOW dlld f01"2Ver August 24, 2010 n � �r � �p � N �� °� � ��,I1 M�� pP�� •��E ,1GN CERTIFIED MAIL 7006 0100 0003 0522 8101 Carol L. Etgen, City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 Subject: Aquatic Lands Lease 22-002784 Dear Ms. Etgen: Enclosed is a final original of Lease Renewal No. 22-002784 for your records. Per the terms of the lease, please have this document recorded in the county in which the property is located and furnish our office with the recorded information within thirty (30) days from the date of this letter. If you should have any questions, feel free to contact me at (206) 949-1740. Sincerely, �J��' ��- Lindie Schmidt, Natural Resource Specialist Shoreline District Aquatics Enclosure Region File Aquatic Resources File db/22002784TransmitFinal �� SOUTH PUGET SOUND REGION 1 950 FARMAN AVE N 1 ENUMCLAW, WA 98022-9282 TEL: (360) 825-1631 t FAX: (360) 825-1672 1 TTY: (360) 902-1125 1 TR5 711 1 WWW.DNR.WA.GOV EQUAL OPPORTUNITY EMPLOYER RECVCLED PAPER � , Return Address: City Clerk City of Bremerton 345 6"' Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201009280 Lease Renewal Rec Fee $ 84 �� page 1 of 23 �9/28l2010 11 �4 RM Walter Washington, hitsap Co Auditor � �f��II ��10� ��0 ��II� �� I��iI �IIII� �II�,��I �� III� �I��S ��I ��0�� II�� 0�� 1�� QUDITOR/RECORDER'S IfdDEXING FORM Document Title(s�: 1. Aquatic Lands Lease 22-002784 Reference Number{s) of Documents assigned or released: �rantorys): 1. Washington State DeparUnent of Natural Resources � Additional names on page of document. Grantee�s): 1. City of Bremerton � Additional names on page of document. �ega1 Description: p� of harbor area in front of Gov Lt 1(SW 1/4 of NW 1/4) Sect 13 T24N Rl E, Willamett (abbreviated) Meridian contained within a 40-ft wide strip of land � Additional legal is on page of document. Assessor's Property Tax ParceVAccount Number: No t� parCel numbei aSSigned �-� ^. .� WASHIIVGTON STATE DEPARTMENT OF NC��u C� I ��SO�I I�C�S Peter Goldmark - Commissioner of Public Lands LEASE RENEWAL Lease No. 22-002784 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 government agency/entity ("Lessee"). i • � l7ZIIi�►`117 A. Lease No. 22-002784 was entered into on the 15� 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 The Lease is hereby renewed for one four (4) year term, beginning on the 15th day of June, 2007, and ending on the 14th day of June, 2011 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. Lease Renewal Page 1 of 5 Lease No. 22-002784 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 CONFIRMATION OF L�ASE All other terms of the Lease not inconsistent with this Lease Renewal are hereby affirmed and ratified. SECTION 5 RECORDATION 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 Renewal Page 2 of 5 Lease No. 22-002784 THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. Dated: �-Z �, 20 / � CITY OF BREMERTON � PATTY LE Mayor Address: 3027 Olympus Drive Bremerton, WA 98310 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES � Dated: � , � , 20� K IN SWENDDAL Aquatics Division Manager Address: Approved as to Form this October, 2003 Mike Grossmann, Assistant Attorney General 950 Farman Avenue North Enumclaw, WA 98022-9282 Lease Renewal Page 3 of 5 Lease No. 22-002784 REPRESENTATNE ACKNOWLEDGMENT STATE OF WASHINGTON COUNTY OF ) ) ss. ) 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: ,. , � NOTi4RY PUBLIC STATE OF WASHINGTON CAROI L ETGEN COMMIISSION D(PIRES 12/18/2012 P / � �. ( ignature) C � / �� (Print Name) Notary P�:�in nd for he State of Washington, residing at � G ,��', � 7 My appointment expires �� , � Lease Renewal Page 4 of 5 Lease No. 22-002784 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) �I�..�.ti� ) ss County of� � � �.,,` ) 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 party for the uses and purposes mentioned in the instrument. Dated: \�� l� � '�� ` �.�,: �,.� '�I �'•. (� i � : �° � :�' = : �oTA� — "' F�6LIC - _ -� � c � — � i9 �19.14 :;�\�� , �o •.. . ••�c�\�� ,� ( WA i �; \\ ,� ign e) r� - (�� -rU� � (Print Nam Notary P ic in d for the S�ate of Washington, residing ' My appointment exp res ��— �� (� Lease Renewal Page 5 of 5 Lease No. 22-002784 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES JENNIFER M. BELCHER Commissioner of Public Lands Olympia, Washington 98504 AQUATIC RESOURCES STORMWATER OUTFALL LEASE NO. 22-002784 WARREN AVE BASIN STORM DRAINAGE OUTFALL THIS LEASE AGREEMENT ("Lease") is made and entered into by and between STATE OF WASHINGTON, acting in its proprietary capacity by and through the Department of Namral Resources (collectively referred to as "State"), and CITY OF BREMERTON, a Washington municipality, ("I.essee"). WHEREAS, State is the owner of that certain real property consisting of aquatic lands located in Kitsap Counry, Washington, the survey, plat, diagram, and/or legal description of which are set fonh in Exhibit A, attached hereto and incorporated herein; and WHEREAS, Lessee desires to lease the Property from State, and St�:� desires to lease the Propeny to Lessee, pursuant to the terms and conditions set forth herein; NOW, 1'HEREFORE, in consideration of the mutual terms, covenants and conditions set fonh herein, the parties hereto agree as follows: 1. PROPERTY 1.1 Pronem. (a) For and in consideration of Lessee's covenant to indetnnify State as made in this L.case, and the performance of the other covenanu and obligations of Lessee hereunder, State leases to l.essee and L.essee leases from State that certain real property described in Exhibit A including all improvements thereon. (b) The real property which is leased includes the public aquatic land together with the right to occupy the water column for I.essee, 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 carry out Lessee's permitted use under Subsecdon 5.3 or Lessee's obligations under Subsection 5.6, State dces not convey the foilowing rights: 1. Any right to disturb, alter or modify the aquatic land; 2. Any right to hazvest or collect sea life or living planu from the aquatic land, water column or water surface; 3. Any right to excavate or withdraw sand, gravel, minerals, gas, oil or other material; 4. Any water or mineral rights. 5. Any right to damage or destroy natural resources located on, in, above, or near the PraPertY• (d) I.essee's rights are subject to all rights of the public, including all rights of the public which Statc holds in trust, under the public trust doctrine, Federal Navigational Serviwde, and veaty rights of Indian tribes. (e) Lessee's rights are further subject to valid easemenu and encumbrances of record as of thc date of execution hereof as noted in the records of Kitsap Counry, or on file in the Office of the Commissioner of Public Lands, Olympia, VJashington. (� ln executing this Lease, State is relying on a survey and/or legal description provided by the I.essee. The Lessee expressly assumes all liability for the correctness thereof and expressly agrees to indemnify and save harmless State, its employees, officers, and agents for all liability, damages, expenses, causes of action, suits, claims, costs, fees (including attorneys' fees and costs), penalties or judgments arising out of State's use of or reliance on the I.essee's survey and/or legal description. (g) The parties expressly agree that if sediment impact zone modeling or other evidence demonstrates the existence of impacts to sediments or the need for a sediment impact zone, the State may modify or terminate this lease. If the State requires an expanded lease area, the Lxssee agrees that it will supply a revised Exhibit A. � � 2. TERI�� 2.l Terni. The term of this Lease is twelve (12) years, commencing on June 15, 1995, which date shall be referred to as the "Commencement Date" of the term of this I.ease, and ending on June 14, 2007. The date upon which this I.ease terminates, whether at the end of the above stated term or upon such earlier date in the event the Lease is terminated, or canceled for any reason prior to the end of said period, shall be referred to as the "Termination Date." The period between the Commencement Date and Termination Date is referred to herein as the "Term" of this Lease. 2.2 Authoritv. This lease is entered into by State pursuant to the authority granted in Chapter 79.90 RCW et sea. and the Constitution of the state of Washington. 23 Renewal of the I.ease. Lzssee shall have the option to renew this Lease for three (3) additional cerms of four (4) years each. The initial Term of this I.ease, and all renewal terms, shall not exceed twenty four (24) years in the aggregate. Lessee shall exercise this option by providing written notice of its election to renew at least ninety (90) days prior to the Ternvnation Date of the initial Term or any renewal term of this Lease. Lessee shall not be entitled to renew if it is in default under the terms of this Lxase at the time the option to renew is exercised or any time thereafrer until the beginning of the next term. 3. $Fl`LT 3.1 Annual Rent. Lessee is not required to pay any rent in accordance with RCW 79.90.470, or such faws as hereafter shall be applicable ("Rent"). However, should State, during the Term of this Lease be authorized by statute to charge I.essee rent, the following provisions will apply. (a) Rent is due and payable by Lessee to State and is the essence of this Lease, and is a condition precedent to the continuance of this Lease or any righu thereunder. 1. Payment is to be made in advance 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 subsequent year of the Term. 2. Payment is to be made to State in care of the Department of Natural Resources, Division of Financial Services, il l l Washington Street SE, PO Box 47041, Olympia, Washington 98504-7041. In the event I.essee has not received a statement from State prior to the date payment is due under Subsection 3.1, L.essee shall pay an amount equal to the previous year's rent prior to that payment date, and shall pay the remainder, if any, within thirty (30) days of billing by State. (b) Aevaluation of Rent. State shall, on at the end of the first four-year period following the ini[ial Rent start date, and at the end of each subsequent four-year period of the Term, revalue the annual rental in accordance with RCW 79.90.470 -.540 or such other laws and reguladons of the Depaz[ment of Natural Resources as are now or hereinafter shall be applicable. State 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 authoriry to revalue Lessee's rent and to bill Lessee revospecdvely based on that revalued rent at any point subsequentto any four-year anniversary date. (c) Inflation Adiustrnent. After the initial year for which Rent is due, State will adjust each year's Rent thereafter, exclusive of the years in which Rent is revalued under Subsection 3.1(b) above, in accordance with RCW 79.90.470 -.540 and such other laws and regulations of the Deparunent of Natural Resources as are now or hereinafter shall be applicable. (d) Interest Penaltv for Past-Due Rent and Oiher Sumc Ow d, i,essee shall pay interes[ at the rare of one percent (1 �) per month (or at such higher rate as may be authorized by statute subsequent to the Commencement Date hereo�, until paid, on Rent or other sums owing under the terms of this Lease commencing the next day afrer the date such Rent or other sum is due and payable. In the event State pays any sum or incurs any expense which Lessee is obligated to pay under this I.ease, or which is made on behalf of l.essee, State shall be encided to receive reimbursement thereof from Lessee upon demand, together with interest chereon from the date of expenditure at the rate stated above. (e) Allocation of Rent. Annual Rent will be established based upon the use of the Property as described in S�bsection 5.3 below. In the event I.essee changes the use of any ponion of the Property, which change must be approved by Sta[e under Subsection 5.3 below, the rentai rate to be paid for that ponion of the area affected by such change of use shall be subject to adjustment to the then effective rental rate for the changed use for that portion of the Properry. 22-002784 (� Rent for Imorovements. 1. In Section 6, Lessee and State have determined ownership of improvements on the Property. In accord with RCW 79.90.515, the Rent set forth in Subsection 3.1 above includes no rental charge for improvements on the Property at this time. The State dces reserve the right to charge rent for state-owned improvements in accord with RCW 79.90.515. 2. In the event the restrictions on State's ability 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 portion of the Term after such removal, to the extent then allowed based upon the then fair market value of such improvemenu owned by State. (g) No Gountercla'm etoff or Abat ment of R nt. Rent and all other sums payable by Lessee hereunder shall be paid without the requirement of prior nodce or demand by State, and shall not be subject to any counterclaim, setoff, deduction or defense and without abatement. The obligations and liabilities of Lessee hereunder s6all in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of: 1. Any daznage to, or deswction of, or any taking of the Property, or improvements on the Property, or any part thereof (except as allowed in Section 11 or 12); 2. Any restriction of, or prevention of, or interference with any use of the Property, improvements or any part thereof, which dces not result in the eviction of I.essee therefrom (except as aUowed in Section 10); 3. Any ade defect or encumbrance upon the Property or any part thereof which dces not result in the evicdon of Lessee therefrom; 4. Any claim which l.essee has or might have against State; 5. Any failure on the part of 3tate to perform or comply with any of the terms hereof or of any otl�er agreement with Lessee, so long as such failure to perform or comply dces not have the result of evicdon of Lessee from the Property. 4. OTHER EXPENSES 4.1 Utilities. From and after the Commencement Date, Lessee shall pay all expenses incurred in the use, enjoyment, and operation of the Property, including, but not limited to all chazges for elecvicity, water, gas and telephone and all other utility services used on the Property. Lessee shall indemnify and hold State harmless against and from any loss, liability, or expense resulting from any failure of Lessee to pay all charges when due. 4.2 Leasehold Taxes. From the Corrunencement Date and continuing throughout the Term, Lessee, unless exempt, shall pay to State the "I.easehold Tax" established and defined in Chapter 82.29A RCW. The I.easehoid Tax shall be due and payable at the same time the rental charged herein is due and payable. Payment is to be made to the Deparunent of Natural Resources, Financial Management Division, PO Box 47041, Olympia, Washington 98504-7041. Any delinquent l.easehold Tax shall be a debt to State, and in the event any penalties or interest aze due because of the failure of Lessee to timely pay the Leasehold Tax, such penalties shall be payable by Lessee to State. 4.3 Other Taxes and Assessments. (a) The term "Taxes," as used herein, shall mean all taxes and other governmental charges, ge�ral and special, ordinary and exuaordinary, of any kind whatscever, applicable or aaributable to the Property, l.essee's leasehold interest therein, improvemenu thereon, or Lessee's use and enjoyment thereof, excluding Leasehold Taxes, defined in Subsection 4.2, and Assessments as defined below. Unless exempt, Lessee shall pay when due all Taxes commencing with the Commencement Date and continuing throughou[ the Term. (b) The term "Assessments," as used herein, shall mean all assessmenu for public improvemen[s or benefits which heretofore or during the Term shall be assessed, levied, or imposed upon, or become due and payable, or become a lien upon the Property, any unprovements consvucted thereon, the leasehold estate created hereby, or any part thereof. I.essee shall not cause or suffer the imposiaon of any Assessment upon the Property, without the prior written consent of State. In the event any Assessment is proposed which affects the Property, any improvemenu constructed thereon, the leasehold estate created hereby, or any pan thereof, L.essee shall promptly notify State of such proposal afrer Lessee has knowledge or receives notice thereof. Any Assessment upon the Property shall be made in compiiance with all applicab(e statu[es, including, but not limited to, Chapter 79.44 RCW. Lessee shall pay the total amount of all Assessmenu levied. In no event shall State be obligated to pay any Assessment or any portion thereof levied or created during the Term, irzespective of whether such Assessment or any portion thereof was specifically allceated to the Property or State's reversionary interest therein. No Assessment shall be payable in instaliments without State's prior written consent, which State may condition upon the posting by Lessee of a satisfactory bond guaranteeing the payment of such installments as they become due. 22-002784 3 � � � 4.4 �ment Date and Proof. Lessee shall pay all payments for Taxes and Assessments at the time due. L.essee shall, if required by State, fumish to State receipts or other appropriate evidence establishing the payment of such amounts. Lessee may comply with this requirement by retaining a tax service to notify State when the taxes have been paid. 4.5 Failure to Pav. (a) ln the event L.essee fails to pay any of the expenses or amounts specified in this Section 4, State may, but shall not be obligated to do so, pay any such amount and the amounu so paid shall immediately be due and payable by Lessee to State and shallthereafter bear interest atthe rate specified in Subsection 3.4 above. @) Any failure to pay any expense or amount specified in this Secdon 4 or any other amount to be paid by Lessee under the term of this Lease shall be a material breach hereunder by Lessee and such breach shall entide State to pursue all remedies specified in this L.ease, and all remedies otherwise available to it in law or equity, including the righu to terminate this L.ease and to pursue the remedies available pursuant to Chapter 59.12 RCW. 4.6 RiPht to Contest. I.essee may contest the basis or amount of any Leasehold Taxes, Taxes, or Assessments at its sole cost and expense so long as I.essee shall furnish State with a bond or other security reasonably acceptable to State, and otherwise in compliance with law, in t6e full amount of such amount contested. 5. POSSESSION AND 1S . 5.1 Possession at o m n Pment Dat . In no event shall Sta[e be liable for damages caused by failure to deliver possession of the Property. 5.2 jpgpg�j4p. Lessee warrants that it has inspected and made an independent investigation of the Properry and will accept the same on the Commencement Date in its present condition. 5.3 permi P�! i . Lessee shall have use of the Property only for the specified purposes of installation, operation, and maintenance of a 48" stormwater-only outfall pipeline, and for no ot6er purpose whatscever. State's prior written consent shall be required for any change in use of the Property or any portion thereof. 5.4 F.fu�y,. , (a) State shalt have access to the Property at all reasonable times for the purpose of inspecting the Property and securing compliance with the terms and conditions of this L.ease. State shall exercise its right of access in a manner that will not unreasonably interfere with Lessee's permitted use of the Property. (b) The right reserved in Subsection 5.4(a) above includes the right to perform or have performed suc6 environmental tesu, audits, surveys or investigations as State, in its sole discretion, deems appropriate. Such tests, audits, surveys, or investigations may include, but shall not be limited to, the determination of whether Lessee is improperly releasing, storing, handling or disposing of Hazardous Substances, as defined in Subsection 5.6(d) below, or of refuse, as defined in Subsection 5.6(b) below. (c) This reserved right imposes no obligation upon State to make inspections, tests, audiu, surveys, or investigations and shall impose no liability upon State for failure to do so. This reserved right is in addition co and separate from Lessee's obligation to test under S�bsection 5.6(d)(8) below. 5.5 . at 'c Right to rant �sam ntc, State reserves the right to grant easements and other land uses on the Property to others when the easement or other land uses wiil not unduly interfere with Lessee's permined use under Subseccion 5.3. State will nodfy Lessee of any easement or other land use request by third parties. No easement or other land uses shall be granted to third parties until payment for any damages to the leasehold have been paid to Lessee by the third party or a waiver of damages is signed by Lessee. 5.6 Restrictions on Use. (a) Conformance Wi h 1 aw , 1. Lessee shall, at iu own expense, conform to ali applicable laws, regulations, permits, orders or other directives of any court or public authoriry affecting We Property or L.essee's use or occupation of the Property, including all current and fumre Consent Orders, Consent Decrees, Clean Water Act Requirements, Department of Ecology Sediment Standard Requirements, Shoreline Management Act Permit Requirements, and Hydraulic Project Approval Permit Requirements. 2. Lessee shall, at its own expense, obtain all regulatory or proprietary rnnsents or approvals requ'ued to be obtained from any public authority or third party in connection with any work on the Property (including, but not limited to, the construction, repair, or replacement of any improvemenis), or Lessee's use or occupation of the Property. 22-002784 a 3. Upon the State's request, l.essee shall provide, at its own expense, evideace of compliance with Subsections 1 and 2 above (including, but not limited to, copies of any environmental impact statement, engineering reports, permit, license, or Best Management Practices (BMPs) or order). 4. Lessee shall correct, at I.essee's own expense, any failure of compliance with the tertns of Subsections 1 ttuough 3 above. (b) BCfilsg. Lessee shall not utake, or suffer to be made, any filling in of the Properry or any deposit of rock, earth, bailast, refuse, garbage, waste matter (including chemical, biological or toxic wastes), hydrocarbons, any other pollutants, or other matter within or upon the Property, except as approved in writing by State. The State hereby approves: 1. Discharge of stormwater only in full compliance with a valid National Pollutant Discharge Elimination System Waste Discharge Pernut, as may be required now or in the fumre. 2. Limited deposit of clean fill material necessary to construct this outfall. If Lessee shall fail to remove ail nonapproved fill material, refuse, garbage, wastes or other of the above materials from the Property and restore the Property to its condition immediately prior to the deposition of the unauthorized material, Lessee agrees that State may remove such materials and charge Lessee for the cost of removai and disposal together with interest thereon from the date of expenditure at the ra[e specified in Subsection 3.1(d) above. (c) Waste. At all times during the Term, Lessee shall neither commit nor suffer waste to be commit[ecl to the Properry. (d) H�ardous Toxic or Harmful ubc an pc. 1. Definition, "Hazardous Substance" means any substance which now or in the future becomes regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liabiliry Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act ("MTCA"), RCW 70.1O5D.010 et seq. 2. Use of H�ardo c�bc an�PS. L,essee covenants and agrees that Hazardous Substances will not be released, used, stored, generated, processed, uansporced, handled, or disposed of on, in, under, or above the Property, except in accordance and compliance with all applicable laws and permits. 3. Current Condition and D(y of trno�t ar . State makes no representation about the condition of the Property. Hazardous Substances may exist in, on, under, or above [he Property. If there are any Hazardous Substances in, on, under, or above the Property as of the Commencement Date, l.essee shall exercise the utmost care with respect to the Hazardous Substances, the foreseeable acts or omissions of third parties affecdng the Hazardous Substances, and the foreseeable consequences of those ac[s or omissions. The standard of caze required of I.essee by this section 3 shall be that required of a person with actual knowledge of the presence of Hazardous Substances, whether or not L.essee had such actual knowledge. 4. Notification and Renortine. (a) Ixssee shall immediately notify State if Lessee becomes aware of any of the following: 1. a release or threatened release of Hazardous Substances in, on, under, or above the Property, any adjoining property or any other property subject to use by L.essee in conjunction with iu use of the Property; 2. any problem or liability related to or derived from the presence of any Hazardous Substance in, on, under, or above the Property, any adjouilng properry or any other propeny subjecc to use by Lessee in conjunction with its use of the Property; 3. any actual or alleged violation of any federal, state, or local stamte, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the Properry, any adjoining properry or any other property subject to use by Lessee in conjunc[ion with its �se of the Properry; or, 4. any lien or action with respect to any of the foregoing. (b) I.essee shall, at State's request, provide State with copies of any and all repons, studies or audits which pertain to environmental issues or concerns and to the Property, and which are or were prepazed by or for Ixssee and submitted to any federal, state, or local authorities pursuant to any federal, state, or local permit, license or law. These permits include, bui are not limited to, any National Potlution Discharge and Elimination System Permit, any Army Corps of Engineers permit, any Stace Hydraulics permit, any State Water Quality certification, or any Substandal Development permit. 5. Indecanification and Burden of Proof. (a) Lessee shall fully indemnify, defend, and hold State harmless from and against any and all claims, demands, damages, natural resource damages, response cosu, remedial costs, cleanup costs, losses, liens, liabilities, penaldes, fines, lawsuits, other proceedings, costs, and expenses (including attomeys fees and disbursements), that uise out of or are in any way related to: 22-002784 1. the use, storage, generation, processing, transportation, handling, or disposal of Hazardous Substances by the Lessee, its subtenants, conuactors, agents, employees, guesu, invitees, or a�liates in, on, above, under, or above the Property, any adjoining property, or any other property subject to use by Lessee in conjunction with its use of the Property, during the term of th�s Lease or during any time when izssee occupies or occupied the Property or any such properry; 2. the release orthreatened release of any Hazardous Substances in, on, under, or above the Property, any adjoining property, or any other property subject to use by L.essee in conjunction with its use of the Property, which release or threatened release occurs or occurred during the term of this l.ease or during any time when I.essee occupies or occupied the Property or such other property and as a result of; (a) any act or omission of Lessee, its subtenants, contractors, agents, employees, guesu, invitees, or affiliates; or, (b) any act or omission of a third party unless Lessee exercised the utmost care with respect to ffie foreseeable acts or omissions of the Uurd party and the foreseeable consequences of those acu or omissions. 3. a breach of the obligations of sabsection 2, above, by L.essee, its subtenanu, contractors, agents, employees, guests, invitees, or affiliates. (b) Lessee will have occupancy and conuol of the Property. According, if State seeks to impose liability under this subsection 5(a), State will have the initial bwden of proving by a preponderance of the evidence the existence, release, or threatened release of Hazardous Substances in, on, under, or above the Property, any adjoining property, or any other property subject to use by Ixssee in conjunction with iu use of the Property. L.essee sha11 then have the burden of proving by a preponderance of the evidence that none of the indemnification provisions apply. 6. Cle�nun. Lessee shall, at its sole expense, promptly take all actions necessary or advisable to achieve cleanup of Hazardous S�bstances released on, in, above, or under the Properry or adjoining State-owned property. These actions shali include, without limitation, removal, containment, and remedial actions and shall be performed in accordance with all applicabie laws, rules, ordinances, and permiu. Lessee shall also be solely responsible for all cleanup, adminisvative, and enforcemen[ coscs of governmental agencies, including natural resource damage claims. Any 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 corrective acuon and State shall be entided to receive full reimbursement therefore from L.essee upon demand, together with interest thereon from the date of expenditure at t6e rate in Subsection 3.1(d) above. 7. . e�±iment I�a t.on c. Lessee agrees to conduct, at its own expense, any additional tests, audits, surveys, or`investigations including sediment impact zone design requirements or sediment impact investigations, for Lessees continued use and control of the Property. "Sediment unpact zone" shall include, but not be limited to, the "sediment impact zone" as designated by the Deparwent of Ecology under Chapter 173-204 WAC and any amendments thereto. The sediment impact zone shall also include any area of the aquatic environment that is adversely affected by Lessee's use. 8. $�m➢ljng. If State believes that during the term of t6is I.ease Hazardous Substances have been released on the Property, or are tiveatened to be released on the Propeny, then State may request that Lessee conduct, at L.essee's sole expense, sampling, tests, audits, surveys, or investigations to determine the exiscence, scope, or effects of Hazardous Substances on the Property, adjacent propetty, or upon natural resources. Any tests, audits, surveys, or inves[igations shall be performed in accordance with generally accepted sciencific principles and practices. If Lessee fails to perform the requested work, State may conduct such tests and is entitled to complete reimbursement from Lessee upon State's demand. (e) Marine Plastics Act. Lessee shall, in addition to compliance with all other applicable laws and regulations, comply with the Mazine Plastic Pollution Research and Convol Act of 1987 (Public Law 100-220). Under that Act, Lessee may be required atnong other [hings to provide waste reception facilities, permit Coast Guard inspection of the adequacy of these facilities, and provide for waste handiing and disposition. (� Oil and H�ardo c�b an P Act. At its own expense, L.essee shall conform to all applicable laws, regulations, permits, orders or other directives of any public authoriry affecting the Property or the L.essee's use or occupation of the Property, including, but not limited to, Laws of 1991, Chapter 200 (an Act Relating to Oil and Hazardous Substances). If applicable, L.essee shall comply with all requirements of Laws of 1991, Chapter 200, including, but not limited to, operadon in accordance with the required plan of operations and maintenance of concurnent plan of operadon. 5.7 Develooment �ghc,. Lessee shall not undenake development of the Property except in accordance with Subsection 5.3 above. Ixssee shall not represent to any person, governmental body, or other entity, that L.essee is the fee owner of the Properry, nor shall Lessee execute any petition, appiication, permit, pla[, or other dceument on behalf of State as the "owner" of the Property without Statc's express written consent which may be withheid for any reason whatsoever. L.essee, in iu own name and as Lessee under this I.ease, may execute and appiy for permiu, petitions, or applications in connection with work allowed pursuant to 22-002784 � Subsection 5.3 above. l.essee shall notify State in writing of any proposed or pending governmental action of which Lessee receives written notice which affects the Property, i[s zoning or the righ[ to develop the Property for any future use. 6. IMPROVEMENTS 6.l Authorized Imorovements. (a) Existing�provements. There are consWcted upon the Property as of the date of th�s lxase, the following exisdng improvements - None. (b) New Imnrovemenu. 1. Any improvemenu made to the Property during the Term, subject to the exclusion below, shall be referred to herein as "New Improvements." New Improvements shall not include: any construction, reconswction, alteration, or addition to the Existing Improvements on the Property made by Lessee pursuant to its obligation to maintain the Properry in good order and repair, including, without limitation, repairs, replacements, reconstrucdon, alterauons, or additions made pursuant to Subsections 9.2 or 11.1 below; or any unauthorized improvemenu made to the Property. New Improvements shall include any material changes, alterations, or modifications to the Existing Improvemen[s, notexcluded by the preceding sentence. 2. No New Improvemenu shall be placed on the Property without the prior written consent of State. Construction, reconstruction, alteration, or additions to the Existing Improvements on the Property made by I.essee pursuant to its obligation to maintain the Property in good order and repair may be undertaken by Lessee after written notice to State and State's prior written consent shall not be requireci. 3. All improvements, repairs, alterations, maintenance, and replacements to the Property shall be made in a good and workerlike manner and in compliance with all applicable buiiding and zoning codes, shorelines management, health, safety, and environmental laws and other legal requirements. 4. Upon completion of any improvemenu, repairs or alterations to the Property, the Ixssee shall fumish State with a certificate of substantial completion of such work executed by ihe L.cssee or its azchitect or engineer, and a complete set of "as built" plans showing all changes or alterations. The Lessee shall also furnish to State copies of ceraficates of occupancy or other similar documents issued to certify completion of construction in compliance with applicabie requirements. (c) Ownershiu. All improvements authorized under Subsection 6.1(b) made to the Propeny or installed thereon by Lessee during the Term, shall remain the property of I.essee until the Terntination Date, whether such date occurs at the end of the stated term of this Lease or upon eazlier cancellation, termination, or surrender. (d) Removal of CerLin Im�rovements. I.essee agrees to sever, remove, and dispose of all New Improvements to which State dces not elect to claim title by the Termination Date. If such action is not taken by Lessee, L.essee agrees that State may remove such improvements and charge Lessee for the cost of removal and disposal, together with interest thereon from the date of expenditure at the rate stated above. It shall be the duty of Lessee to inquire of State as to whether State will exercise its option to take ownership of all, or a portion of the New Improvements not less than sixty (60) days in advance of the Terminacion Date to permit L.essee. In the event State declines to claim title, L.essee agrees to sever, remove, and dispose of the unclaimed improvements by the Termination Date. 6.2 UnauLhorized I�rovements. (a) Improvements made on or to the Properry withou[ State's prior written consent or not in conformance with ehe approved pian of development (not including repairs, maintenance or replacements due to ordinary wear) ("Unauthorized Improvements"), shall immediately become the property of State, unless State elects otherwise. (b) State may, at iu option, require Lessee to sever, remove and dispose of any or all Unauthorized Improvements, or, in addition to any other remedy State may have for such breach of the Lease, State may charge I.essee Rent for the use of such improvements based upon the value thereof, which Rent shall be due and payable together with all installments of Rent due hereunder. If Lessee fails to sever and complete removal of such Unauthorized Improvements within thirty (30) calendar days of request for removal by State, State may (i) remove and dispose of such Unauthorized Improvements at Lessee's expense; (ii) cancel [his Lease; or (iii) pursue any other remedies for default provided that all such severance and completion of removal must be accomplished by the Termination Date. My cost of removal and disposal borne by State shall become an obligation of L.essee due and owing under this Lease together with interest thereon from the date of expenditure at the rate stated above. 22-002784 � � 63 Trade Fixmres. (a) All vade fixtures brought onto the Property by Lessee shall remain the proper[y of L.essee. Lessee agrees to sever and remove those fixnues by the Termination Date. (b) All vade fixtures allowed to remain on the Property thereafter shall, at State's option, become the property of State. If State dces not elect to claim tide to said trade fixtures, Lessee agrees that State may remove and dispose of suc6 trade fixtures. Any cosu of removal and disposal borne by State shall become an obligation of I.essee due and owing under this Lease together with interest thereon from the date of expenditure at the rate stated above. 6.4 �cha ic . Lie .. abor .i s and Proj t.o letion. (a) Merhanics nd iabor i.ien . Lessee agrees that it will not permit any claim of lien made on any mechanic, materialperson, laborer, or other similar liens to stand against the Property, any improvements or trade fixtures located thereon, or L.essee's leasehold, for work, labor, services, or ma[erials furnished to L.essee or its sublessees in connection with any construction, improvements, alterations, maintenance, or repair thereof made by Lessee or its agenu or sublessees upon the Proper[y. L.essee funher agrees tu cause any such claim of lien to be fully dischazged within thirry (30) calendar days after the date of filing thereof. In the even[ Lessee in good faith disputes the validity or amount of any such claim of lien, and Lessee shall, at l.essee's expense, give to State such security as State may reasonabiy require, indemnifying State, the Properry, improvemenu and uade fixtures on the Properry, and I.essee's leasehold against all liability, costs and expenses, including attorneys' fees, which State may incur as a result of the lien, then L.essee shall not be deemed to be in breach of this Subsection 6.4 so long as: ' 1. Lessee is diligently pursuing a resolution of such dispute; 2. At no time is the Property, any improvements or uade fixtures located thereon, or Lessee's leasehold in any danger of being sold, forfeited or lost; and 3. Upon entry of final judgment resolving the dispute if litigation or azbitration results therefrom, Lessee discharges said lien within the time lunits specified above. Nothing contained in this section shall be deemed a waiver of any provision of Washington law which exempts property owned by State from any such lien claims. 7. ASSIGNMF.NT AND S n3 TTIN 7.1 Assigament and bl t in . (a) S�tP Consent Req iu re�. Lessee shall not hypothecate, mortgage,'assign, encumber, vansfer, sublease or otherwise alienate this I.ease, or any interest therein or engage in any other transaction which has the present effect or future possibility of vansferring the right of enjoyment of the Property without the prior written consent of State, in granting or denying such consent, State reserves the right to: (1) Change the terms and conditions of this I.ease, including the rental terms, as it may affect the transferee; (2) Consider, among other items, the proposed transferee's financial condition, business reputation, the nature of lhe proposed transferee's business, the then current value of the Property, and such other factors as may reasonably bear upon the suitability of the transferee as a lessee of the Property; and (3) Require I.essee or transferee to conduct such tests, audits, surveys, or investigadons as are identified in Subsection 5.6(d)(9). I.essee shall submit information regazding any proposed transferee or assignee under t6is Subsection 7.1 to State at least thiny (30) days prior to the date of the proposed transfer or assignment. Consent of State to any one transfer shall not constitute a waiver of State's right to approve subsequent transfers. (b) Bent Pavmencc FollowinP AssiP �„ nt. The acceptance by State of the payment of Rent following an assignment or other transfer shall not constitute consent to any assignment or transfer, and State's consent shall be evidenced only in writing. 7.2 Assienee Obljgationc. Each permitted assignee, or transferee, other than State, shall assume and be deemed to have assumed ap obligations under this Lease and shall become liable for a]! payments and for the due performance and satisfaction of all provisions, covenants, and conditions herein contairnd. Notwithstanding any such assignment or transfer, Lessee shall be and remain jointly and severally liable with the assignee or transferee for all obligations under this Lease, unless released, in writing, by Stdte. 7.3 �nies of Instrumen c. In connection with any assignment, sublease, or vansfer, I.essee shall, at State's option, provide State with copies of all assignments, subieases, assumption instruments or other documen[ation. 7.4 AssjQnment b, at . State may, if legally permissible, assign its interest in this I.ease. 22-002784 S. LESSEE'S INDEMNITY. FINANCIAL SECURITY 8.1 jII�smpitX. (a) In addition to the indemnifications provideA by I.essee in Paragraphs 1.1(� and 5.6(d), L,essee shall indemnify and save haruiless the State, its employees, officers, and agents from any and all liability, daznages, expenses, causes of action, suits, claims, cosu, fees (including attorneys' fees and costs), penal[ies (civil, administrative, and criminal), or judgmenu, by any reason whatscever caused, arising out of the use, occupation, or convol of the Property by Lessee, its sublessees, invitees, agents, employees, licensees, or permittees except as may azise solely out of the willful or negligent act of the State or the State's elected o�cials, employees, or agents. (b) To the extent that RCW 4.24.1IS is applicable to any indemnification provision of this I.ease, the State and l.essee agree that that provision shall not require Lessee to indemnify and save the State harmless from the State's sole or concurrent negligence. 8.2 Bond or Other Securitv. (a) At its own expense Lessee may be required to procure and maintain a corporate surery bond or provide other financial securiry satisfactory to the State (the "Bond"), which shall secure the full performance by l.essee of its obligations under this Lease. The Bond shall be in a form and issued by a surety company acceptable to the State. The bond shall be in an amount equal to $0.00. The amount of the Bond may be adjusted by the State: 1. At the same time as revaluation of the Rent, 2. As a condition of approvai of assignment or sublease of this L.ease, 3. Upon any breach of Subsections 5.6(a)-(d) above, 4. Upon a change in the condition of any improvemenu, or 5. Upon a request by Lessee for a change in the Permitted Use. A new or modified Bond shall be delivered to the State within thirty (30) calendar days afrer adjustment by the State of the amount of the Bond. (b) Upon any default by I.essee in its obligations under this Lease, any or all of the Bond may be appropriated by the State to offset the liability of I.essee to the State. The State's appropriation shall in no way lunit the liability or other security or obligations of Lessee or the rights or remedies of the State nor shall such appropriadon in any manner reinstate, cure or relieve Lessee from a termination of its rights under this I.ease. (c) L.essee's failure to have a Bond in force at all times during the Term in the full amount as required by this paragraph shall constitute a breach of this I.ease. 83 Ac�uisition of Inn�ranc� Policies. At its own expense L.essee shall procure and maintain during the Term of this l.ease, the insurance described in Subsections 8.3(a) and (b) below. This insurance shall be issued by an inswance company or companies licensed to do business in the state of Washington reasonably satisfactory to the State. (a) Tvoes of Required Insurance. 1. Comnrehensive General Liabiliry Inserance. Commercial liability insurance covering all claims with respect to injuries to persons or damage to property sustained in or about the Property and any improvemenu. Limits of liability shall be not less than $1,000,000 for each occunence and not less than $2,000,000 annual aggregate. Such limits may be achieved tivough the use of umbrella liability insurance. The limit of liability may be adjusted by the State: (i) At the same time as revaluadon of the Rent, (ii) As a condition of approval of assignment or sublease of this Lease, (iii) Upon any breach of Subsections 5.6(a)-(d) above, (iv) Upon a change in the condition of any improvements, or (v) Upon a request by L.essee for a change in the Permit[ed Use. New or modi5ed insurance coverage shall be in place within thirty (30) calendaz days after adjustment by the State of the limit of liability. 2. �ysical Propg�y Damape Ins�rance. Physical property damage insurance covering all real and personal property, excluding property paid for by sublessees or paid for by Lessee for which sublessees have reimbursed Lessee, located on or constiWdng a part of the Property in an amount equal to at least one hundred percent (100%) of replacement value of all such properry, with commercially reasonable deductibles. 3. Worker's Comnensation InsurancP. (i) State of Washington Worker's Compensation coverage, as applicable, with respect to any work by employees of L.essee on or about the Property and any improvements. (ii) Longshore and Harbor Worker's Act and Jones Act coverage, as applicable, with respect to any work by employees of Lessee on or about the Property and any unprovements. 22-002784 9 � 4. Builder'c Rick Inc �ran P. Contingent liability and all builder's risk insurance in an amount reasonably satisfactory to the State during construction, or replacement or during material repair, alteration, maintenance, of the Propetty or improvements on the Property. Coverage shali be in place until such work is completed and evidence of completion is provided to the State. (b) Termc of I2Lrance. The policies required under Subsection 8.3 shall name the State as an additional insured (except for State of Washington Worker's Compensation coverage). L.essee shall provide cenificates of insurance and, if requested, copies of policies to the State. Receipt of such cenificates or policies by the State dces not constitute approval by the State of the terms of such policies. Further, all policies of insurance described in Subsection 8.3 shall: 1. Be written as primary policies not contributing with and not in excess of coverage that the State may carry; 2. Expressly provide that such insurance may not be materially changed, amended or canceled with respect to State except after forty-five (45) calendar days prior written notice from the insurance company to State; 3. In regard to physical propeny damage and builder's risk coverage, have an endorsement containing an express waiver of any right of subrogation by ihe insurance company against the Stace and the S[ate's elected officials, employees or agents; 4. In regard to physical property damage and builder's risk coverage, expressly provide that the insurance proceeds of any loss will be payable notwithstanding any act or negligence of Lessee which might otherwise result in a forfeiture of said insurance; 5. Expressiy provide that the State shall not be required to give notice of accidents or claims and that the State shall have no liability for premiums; 6. In regard to physical property damage and builder's risk coverage, expressly prov�de that all proceeds shall be paid jointly to the State and Lessee. 8.4 .�te'c A euisition of In� �ran . If Lessee fails to procure and tnaintain the insurance described above, the State shall have the right to procure and maintain substitute insurance and to pay the premiums thereon. Lessee shall pay to the State upon demand the full amount paid by the State, together with interest thereon at the rate provided in Subsection 3.4 from the date of such expenditure by the State until repayment thereof by Lessee. 9. REPAIRS 9.1 State's Repairc. State shall not be required or obligated to make any repairs, alterations, maintenance, replacements or repairs in, on, or about the Property, or any part thereof, during the Term of this Lease. 9.2 Lessee's Renairs. Alteration Maintenance and Re*+lacPment. (a) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements thereon and all facilities appunenant thereto (regardless of ownership) in good order and repair and safe condition, sufficient for the safe conduct of any activities or enterprises conducted on the Property pursuant to this Lease and keep and maintain the whole of the Property, including all improvements in a clean, sanitary and auracpve condition. (b) L.essee shall, at its sole cost and expense, make any and all additions to: repairs, alterations, maintenance, replacemenu or changes about and to the Property, which may be required by any public authoriry affecting the Property and iu use. (c) Ownershjp of Renairc. 1. All repairs, alterations, maintenance to, or replacement of the Property, inciuding any state-owned 'unprovements, as defined in Subsection 6.1, shall immediately become the property of State. 2. All repairs, alterations, maintenance to, or replacement of New Improvements, and/or Lessee-owned Improvements as deFmed in Subsection 6.1, shall remain the property of Lessee subject to the terms of Subsection 6.1. 3. All repairs, alterations, maintenance to, or repiacements of any Unauthorized Improvemenu as defined in Subsection 6.2 shall immediately become the property of State subject to the terms of Subsection 6.2. 9.3 Condition at Fnd of irac . Upon vacating the Property on the Termination Date, lxssee shall leave the Property and all improvemenu thereon to which State has elected to claim tiUe in the state of repair and cleanliness required to be maintained by Lessee during the Term of this Lease and shall peaceably surrender t6e same to State. 22'002784 10 � i0. DI AIM R OF IMP I D OV NANT OF PO R TO AS AND O I T NJOYb" NT 10.1 Power to L.ease. State believes that it has fuil right, power and authority to make this L.ease. However, Sta[e expressly disclaims and Lessee expressly releases State from any and all claims for breach of any implied covenant of power to lease. ]0.2 Qviet Eniovmenc. State expressly disclaims and L.essee expressly releases State from any claim f�or breach of any implied covenant of quiet enjoyment with respect to the possession of the Property during the Term of Uvs Lease or any holdover. This disclaimer includes but is not limited to, interference arising from or in connection with access or other use tights of adjacent property owners or the public over the water surface or in or under the water column, rights held by Indian tribes, and the general power and authority of State and the United States to regulate the use of navigable waters, bedlands, tidelands, and shorelines. In the event that L.essee is evicted from the Properry by reason of successful assertion of any such rights, this l.ease shall be deemed terminated as of the date of such eviction. In the event of a panial eviction, L.essee's Rental obligations hereunder shall abate as of the date of the panial eviction in d'uect proportion to the extent of the eviction, but in all other respects, this Lease shall remain in full force and effect. 11. p MA OR D TR TION 11.1 possible to Reyair Wi�hin Term. (a) In the event of any damage to or destruction of the Property or any improvements, Lessee shall prompdy give written notice thereof to Sta[e. Lessee shall promptly reconsuuct, repair or replace the Property as nearly as possible to its condidon immediately prior to such damage or destruction. All such reconswction, repair and replacement shall be performed in accordance with the requirements of Subsection 9.2 above. (b) L.essee's dury to reconstruct, repair or replace any damage, or destruction of the Property, or any improvements thereon shall not be conditioned upon the availabiliry of any insurance proceeds to Lessee from which the cost of repairs may be paid. (c) Any insurance proceeds payable by reason of the damage or destruction shall be made available to pay the cosc of the reconstruction. (d) In the event Lessee is in default under the terms of this Lease at the time damage or desauction occurs, State may elect to terminate the Lease and State shall thereafter have the right to retain any and all insurance proceeds payable as a result of such damage or destrucaon. (e) Upon compledon of reconstruction, repair or replacement by Lessee, any insurance funds in excess of the cost of such reconstruction, repair or replacement shall be paid to Lessee provided, however, State shall have a lien on I.essee's share of such proceeds to the extent I.essee has failed to pay any moneys to State under the terms of this I.ease. 11.2 Not Possible to Repair Within Term. If such damage or destruction cannot be substantially repaired within the time remaining in the Term, this Lease shall terminate as of the date of such damage or deswction. Any insurance proceeds shall be divided between State and Lessee on a prorated based upon the unexpired Term of the Lease, with Lessee receiving a fraction thereof which is equal to the [hen remaining Term divided by the original Term, and State receiving the remainder. 12. CONDEMNATION 12.1 Definitions. (a) Total Takine. The term "total taking," as used in this L.ease, means the taking of the entire Properry and any improvements thereon under the power of eminent domain either by judgment or settlement in lieu of judgment, or the taking of so much of the Property and improvemenu as to prevent the use thereof by i.essee or, in the judgment of State, renders the Property impractical to operate for the uses and purposes hereinabove provided. (b) Partial Takine. The term "partial taking" means the taking of a ponion only of the Propeny which dces not constitute a total taking as defined above. (c) Volun�rv onv yance. The terms "total taking" and "partial taking" shall include a voluntary conveyance to any agency, authority, public utiliry, person or corporate entity empowered to condemn property in lieu of formal court proceedings. (d) Date of Takine. The term "date of taking" shall mean the date upon which title to the Property or a portion thereof passes to and vests in the condemnor or the effective date of any order for possession if issued prior to the date title vesu in the condemnor. 12.2 Effect of Tak_ine. If during the Term hereof there shall be a total taking under the power of eminent domain, then the leasehold estate of Lessee in and to the Properry shall cease and terminate as of the Dace of Taking. If this Lease is so [erminated, in whole or in part, all Rentals and other charges payable by Lessee 22-002�84 11 � to State hereunder and aaributable to the Property taken, shall be paid by I,essee up to the Date of Taking by the condemnor, and the parties thereupon shall be released from all further liability in relation thereto. If Lessee has pre-paid Rent, I.cssee will be entiUed to a refund of the pro rata share of this pre-paid Rent aaributable to the period after the Date of Taking. In the event of a Partial Taking, such that Lessee is no longer able to use a portion of the Property, there shall be a partial abatement of Rent in a percentage equal to the percentage of Property taken. 12.3 Allocation of Award. State and Lessee agree that in the event of any condemnation, the award shall be allocated between State and Lessee based upon the ratio of the fa'v market value of Lessee's Leasehold Estate and l.essee-owned Improvements and New Improvements on the Property and 3tate's interest in the Property, including State's landlord interest in the L.easehold reversionary interest in Lessee-owned Improvements and New improvemenu, and ownership of State-owned Improvements. In the evenc of a Partial Taking, this ratio will be computed on the basis of the ponion of Property or improvements t•rken. If l.essee and State are unable to agree on the allocation, it shall be submitted to binding arbivation m accordance with the rules of the American Arbitration Association. 13. INSO .V .N Y 13.1 lnsolvency�y Constitute Default. If a receiver or wstee is appointed to take possession of all or substantially all of the assets of L.essee, or if any action is taken or suffered by Lessee pursuant to an insoivency, bankruptcy or reorganization act, including the filing of a petition in bankruptcy, or if L.essee makes a general assignment for the benefit of its creditors, and if such appointment or assignment continues for a period of thirty (30) calendar days, it shall, at State's option, constimte a default by Lessee and State shall be entitled to the remedies se[ forth in Section 14 below, which may be exercised by State without prior notice or demand upon I.essee. In the event that any provision of this Section 13 is contrary to any applicable law, such provision shall have no force or effect. 13.2 Notice of Insolven�. I.essee shall be required to notify State, within ten (10) days of filing, that it 6as filed a pedtion for relief under the bankruptcy code. 14. B FA -H BY � 14.1 Breach and Default. {a) Any breach of any provision of this Lease by Lessee, shall be deemed a default after State has delivered to Lessee notice of the alleged breach and demand that the breach be remedied immediately. Such a default entitles State to the remedies set forth in this Lease or otherwise available at law or in equiry. If I.essee shall prompUy commence to cure the default and shall cure the default within sixty (60) calendar days after receipt of the notice; or within sixty (60) calendaz days after receipt of the notice if the default pertains to the payment of rent, the breach shall no longer constitute a default. (b) In the event State deems the breach to constitute a threat to safety, life, or property it may elect to intervene immediately without nodce to remedy the breach and Lessee hereby agrees to repay State for all cos[s in remedying the breach upon demand, together with interest thereon from the date of expenditure at the rate set fotth in Subsection 3.1 above. Alternatively, State may require Lessee itself to act immediately to remedy the breach, should State deem it a tlu�eat to safery, life, or property. 14.2 Relettin¢ in th F� nt of D fa �lt. (a) . at ' Ri¢ht to Relet. In the event of a default, State, in addition to any other righu or remedies that it may have, shall have the immediate right of re-entry. Should State elect to re-enter or take possession of the Property, it may either terminate this Lease or, from time-to-time without terminating this I,ease, relet the Property or any pan thereof, for any term or terms and conditions as State in its sole discretion may deem advisable with the right to complete conswction of or make alterations and repairs to the improvements. L.essee shall pay to State the cost and expenses incuned by State in such reletting, completion of construction, or in making such alterations and repairs. (b) Fxercise of Right Not an .I rtion. No such reletting of the Property by State shall be conswed as an election on iu pan to terminate I.essee's obligadons under this I.ease unless a notice of such intention be given to L.essee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, State may at any time thereafter elect to terminate this Lease for such previous breach, provided that it has not been cured. Should State at any dme terminate this Lease for any breach, in addition to any other remedy it may have, it may recover from l.essee all damages it may incur by reason of such breach. 22-002784 12 � � 15. HOLDING OVER AND P AT10N 15.1 Unannroved Holdover. Any holding over by Lessee withou[ the express written consent of State shall not constitute a renewal or extension of this I.ease or give l.essee any rights in or to the Propeny and this L.ease shall terminate without further notice at the Termination Date. Such occupancy shail be subject to the same terms and conditions as set forth herein. 15.2 A➢proved Holdover. L.essee may, with the written consent of State, holdover after the Tertnination Date. The resuiting tenancy shall, unless otherwise mutually agreed, be for an indefinite pericxl of time on a month-to-month basis. 16. NOTICE 16.1 Procedure. Any notice required or desired to be given under this Lease shall be in writing with copies directed as indicated herein and shall be personally served or sent by mail. Any notice given by mail shall be deemed to have been received when sevenry-two (72) hours have elapsed from the time when such notice was deposited in the United States mails, correcUy addressed to the party to be served at the last address given by that party to [he other party under the provisions of this Section 16. At the date of the execution of this Lease, Ute address of State is: DEPARTMENT OF NATURAL RESOURCES Aquatic Resources Division PO Box 47027 Olympia, WA 98504-7027 and the address of Lessee is: CITY OF BREMERTON 239 Fourth Street Bremerton, WA 98337 16.2 hange of Address. Lessee shall notify 3tate immediately of any change of address. 17. S COR 17.1 SncrPssors and Assien BoLnd. The covenants and agreements contained in this Lease shall be binding on the parties hereto and on their respective successors and assigns, to the extent the Lease is assignable, and upon any person, firm, or corporation coming into ownership or possession of any interests in the Property or improvemea[s on the Property by operation of law or otherwise, and shall be construed as covenants running with the land. 18 TERMINATION 18.1 LesseP's Righrs ('�ea e iT,�n Lp�se Term;nar�r,n, Upon the termination of this Lease by expiration of time or otherwise, the righa of I.essee and of all persons, firms, corporations, and entities claiming under I.essee in and to the Property and all improvements hereon, unless specified otherwise in this Lease, shall cease. 19. MISCEL.LANRpiI 19.1 Headines. The Section and Subsection headings used in this Lease are for convenience only. They shall not be conswed to limit or to extend the meaning of any part of this I.ease. 19.2 Amendments. Any amendments or additions to this Lease shall be made in writing executed by the parties hereto, and neither State nor Lessee shall be bound by verbal or implied agreements. 19.3 Waiver. The waiver by State of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condidon or any subsequent breach of the same or any other term, covenant or condition herein contained. The acceptance by State of Rent or any other sum owing, following a breach by Lessee of any provision of this I.ease shall not constitute a waiver of any right of State with respect to such breach. State shall be deemed to have waived any right hereunder only if State shall expressly do so in writing. 22-002784 19.4 Cumulative Remedies. Each right, power and remedy of State provided for in this I.ease or now or hereafter existing at law or in equiry or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, and the commencement of the exercise by State of any one or more of the rights, powers, or remedies provided for in llris I.ease or now or hereafter existing at law or in equiry or by stamte, or otherwise, shall not preclude the simultaneous or later exercise by State of any or all such other rights, powers or remedies. ]9.5 Time of Essence. Time is expressly declared to be of the essence of this Lease and each and every covenant of L.essee hereunder. 19.6 Entire Agreement. This Lease contains the entire agreement of the panies hereto with respect to the matters covered hereby, and no other agreement, statement or promise made by any parry hereto, or to any emptoyee, officer or agent of any party hereto, which is not contained herein, shall be binding or valid. 19.7 �g�. The word "I.essee" when used herein, shall be applicable to one (1) or more persons, as the case may be, and if there be more tUan one (1), the obligations hereof shal] be joint and several. The words "Persons" whenever used shall include individuals, firms, associadons and corporations. This Lease, and iu terms, have been agreed upon aftcr Lessee has been given the opportuniry to negotiate iu terms. The language in all parts of this I.ease shail in all cases be conswed as a whole and in accordance with its fair meaning, and shall not be construed sVictly for or against State or Lessee. 19.8 Invaiiditv. If any term or provision of this Lease or the application thereof to any person or circumstance shall to any ex[ent prove to be invalid, unenforceable, void or illegal, the remainder of this I.ease, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced as written to the fullest extent permitted by law. 19.9 Apnlicable aw and V nue. This L.ease shall be interpreted and construed under and pursuant to the laws of the state of Washington. Any reference to a statute enacted by the state of Washington shall refer to tha[ statute as presenfly enacted and any subsequent amendmems thereto, unless the reference to said statute specifically provides otherwise. The parties agree that venue for any action arising ou[ of or in connection with this L.ease shall be in the Superior Court for Thurston County, Washington. 19.10 Authoritv. Persons executing this Lease on behalf of I.essee represent that they are authorized to do so and represent and warrant that this Lease is a legal, valid and binding obligation on behalf of Lessee, and is enforceable in accordance with its terms. 19.11 Date of Execution. The date this L.ease is executed shall be deemed to be the day and year when executed by State. 19.12 Survival. All obligations of L,essee to be performed after the Tertnination Date shal] not cease upon che Termination of this Lease, and shall continue as obligations until fully performed. All clauses of this Lease which require performance beyond the Terminadon Date shall survive the Termination Date of this Lease. 19.13 Recordation. Lessee shall record this I.ease in the counry in which the Property is located at Lessee's sole expense. Lessee shall provide State with recording information including the date of recordation and file number. Lessee shall have thirty (30) days from the Commencement Date of the Lease to comply with the requirements of this paragraph. 19.14 Discrimination. Lessee shall not conduct or suffer any business upon the PropeRy which unlawfully discriminates against any person on the basis of race, color, creed, religion, sex, age, or physical or mental handicap. 22-002784 14 0 � IN WITNESS WHEREOF, this Lzase Agreement is executed on the day and year when executed by the state of Washington. A{>pio'ved as tq.feTm: r' � / - — � ,�,�"L IAN SIR.VERS, City Attorney ;-r �i•01'.4: J� CCiUi�iCUi TEk14S . ,��! �� _ ��_j.e::ek?�a�_ ' �� ° �°'c�c�.,. w,w�i� ;c�-,-;+,J ;:�.� , i5S! ;'v. ��' ,_ _•� f e, , ! E i � Departrnental Approval: �� {Ay�s Foa.. W. GENE SAMPLY, Director Public Works and Utilities k w/mkm I O/coi/22UO2180.1s2 22`002�84 �TATE: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES _ ` /(� .� f CRAIG E. AR DGE, Divisio Manager Aquatic Re ources Division Date r ,5 I .RSSRF.: CITY OF BREMERTON A Washington Municipality � � � L N HORTON, Mayor Date (c� - - 1 — `� �_. Attest: a��- � G a .�� KAT LEEN MCCLUSKEY, Ciry Cler • 15 � �� 3 :. •. �= , •, CERTIFICATE OF ACKNOWLEDGMENT STATE OF WASHINGTON) ) ss. County of Thurston ) On this ��_ day of �N� , 19�15 personally appeared before me CRAIG E. PARTRIDGE, to me known to be the Aquatic Resources Division Manager of the Department of Natural Resources, state of Washington, who executed the within and foregoing instrument on behalf of the state of Washington, and acknowledged said instrument to be the free and voluntary act and deed of the statc of Washington for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said inswment and that the seal affixed is the official seal of the Commissioner of Public Lands fbr the state of Washingtoa. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officia! sesi tne day and year first above written. �EA! tS� '}'LJ�t,.�' N T Y PUBLIC m and for me sta of ashington My commission expires ,�� v � CERTIF7CATE OF ACKNOWLEDGMENT STATE OF County of ) ) ss. ) On this � T H d y of � u�, g , 19�, personally app ared before me �— �� , to me known to be the � � cil of the City of Bremerton, a municipali[y, that executed the within and foregoing instrument, and ac}�owledged said instrument to be the free and voluntary act and deed of said municipaliry, for the uses and purposes therein mentioned, and on oath stated that (he/she was) (they were) authorized to execute said instrument for said municipality and that the seal affuced is the municipal seal of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o�ff�icial seal the d�ay and year first above wrinen. �'��'fcYrsYst�r��k� � � GERP.LD P. TiiCRNt3URGN � N01ARY FUCi's_(C - Y;,,:�.�'i��; t�' Yr � My Comm�ss;c� E,, S � E Q�o yi, ��,, �V�$��-�.kt , ..l.d'u.' '^'k,'.Y:a�+}:='." -��!/-��/ � � ~ � NOTARY PUBLIC in and for the state of � �-51n � ✓t � '1 � My commission expires � (, � �� . Q "Z 22-002784 �6 � � •.> ��, �*.` d �� ,.,� �' � s �; +yJ p �!. L"� b;. \ 4 upp � i\ �9i frn�rsn �tv.�� • ��l , ,s w��.o.i� . , e o...a .o ;a�•a 49+ . � \(� II �\ � �� y ' II � �� I' 1 �/ / yp ?� � /�/' / t�' ` ] A-I I k � �� ` ` OH(A15fD � �{ �(`�� i `T 'd C / \�k F�� l�� 'O � � • If 9 t I � �� ' � � �� s II 4 OE�A1[ SCALC t'.t00' I rr y e �� o 5� � s a� .�. Y � � Y1 ��r �/r��L'� � � •+at — —�°?'�_ �$ ! 9 O � � .,. ,..� � ..��,.. � �. ,� , v �, � °'� II �w � u.� I I �� +� �Y�� U •uv+]T. 7 4 ry •��T`J � ' `i � � d � �� F R r � G 0 �[ R N 4[ N i L 0 f 1 SECMM IJ. 10�'SNC I� �+ORTM. 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' Recording Requested By and • When Recorded Mail To: Fatty Lent, Mayor � City of Bremerton � LAWYERS TITLE INS CORP 201005180345 I 345 6th St., Ste 600 Easement Rec Fee• $ 63 00 p age � of 2 05/18/2010 03 35 PM Brerr►erton WA98337-1873 walter wasninston Kitsap co Auditor ��-- 2V s � ��0� �� I�� I�� I�� I��O �� , . � I2.ECURDING MEMOR.ANDUM HQ�11�i�C LANI}� �ASEM�NT No. 51-0��665 � 1. Grantor: . � a. Washington State Department of Natural Resources � b. Shoreline District Aquaties 950 Farman Ave N - Enurnclaw, WA 98Q22-9282 ��O��.T�X EXEMPT �av i� 2010 2. Grantee: a. The City of Bremerton b. 345 6 Street � . � Bremertan, WA 98337-1$73 - 3. Additional Grantee names on page N/A of�document. 4. THIS Aquatic Lands Easement ("Instrument") is made and granted by Grantor, Washington State Department of Natural Resources (DNR), a state agency, to The City �f Bremerton ("Grantee"}. For valuable consideration, DNR has " granted all the rights, interests, and responsibilities in the above Aquatic Lands Easement to Grantee in the property (the "Property") with the follawing Legal - Description: � 5. a: . Abbreviated legal description: Fronting Govemment Lots 2 and 4 in Sec#ion 13, Township 24 North, Range 1 East, W.M., Kitsap County, Washington b. Additional legal descriptian is on Exhibit A of document. - 6. DNR Document No.: 51-084665 � 7. Duration of Aquatic Lands Easement: BPginning March l, 2010 and shal? last � sa long as Grantee requires this Easement for the Manette Bridge 8. Assessor' s Property Tax Parcel Account_Number(s): None Exists , _ � ' . .. , e . . , , ,. r . � � " [ ' , ` ' . �. . � V 9. This Recording Memoxandum is prepared and recorded for the sole purpose of imparting - constructive notice and in no way modifies the Easement. 10. Questions regarding this lease may be addressed to the City of Bremerton at 345 5�' Street, Bremerton, WA 98337 . � Accepted ar�d Approved City of Bremerton By: �` � Title: May r . Date: ��j��3` �� STATE OF WASHINGTON ) � :ss • ; i County of Kitsap ) ' � � I certify that I Irnow or have satisfactory evidence that �� is the person who appeared before me, and said person acknowledged t(he� signed this ! instrument, on oath stated that (he s�t'fie�} was authorized to execute the i�stnunent and � acknowledged it as the �,(�.�\�� (type of authority) 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: ��`'0�\�� , �� a e) _�Q ��, Q ;.�` S ' ,�bN � t��g �. �.r'� � � ��'C� _ � f ; : � Q � (plt __ _ � � o � � J� : A �L� C ' '� Notary Public in and for the State of e 9f E` �' • : �5 ;��: ° ° �O'� Washington, residi.ng at ��S�j � WA� .,c'� - - � My appointment expires �q- �J -\\