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Contract Number: 2806
Vendor: BOATSHED RESTAURANT
Subject: Airspace - E End Manette Bridge
Department: Engineering
File Class: LEG 16-3
Begin Date: 03/O1/1985
End Date:
Review Date: 06/15/2010
Vault Date:
Comments: Review date for trackinq only
Original file not in drawer - Copy created from
LaserFiche
RIGHT-OF-WAY LEASE
Boat Shed'Restaurant
THIS LEASE AGREEMENT, made and entere~ into this ~-%-- day of
1994, between the City of
Bremerton,
a
municipal corporation organized and existing under the laws of the
State of Washington, (hereinafter referred to as "Lessor"), and
Brett Hayfield and Beverly Hayfield, husband and wife, and Paul
McCullough and Jean McCullough, husband and wife, (hereinafter
collectively referred to as "Lessee");
WHEREAS, the land and premises to be leased are not presently
needed exclusively for highway purposes; and
WHEREAS, the Lessor and Lessee deem it to be in the best
public interest to enter into this lease;
NOW, THEREFORE, in consideration of the terms, conditions,
covenants and performances contained herein, IT IS MUTUALLY AGREED
THAT:
1. Premises. The Lessor does hereby lease to the Lessee the
following described premises, situated in the County of Kitsap,
State of Washington:
The encroachment into the llth Street right-of-way by the
Boatshed Restaurant at 101 Shore Dr.; Bremerton,
Washington consisting of approximately 21 sq. ft. as
fixed by the building perimeter of the proposed remodel
depicted in said exhibit. Exhibit "A" attached hereto.
2. Use of Premises. Lessee shall have the use and occupancy
of said premises for expansion of its existing building for
restaurant purposes only. Signs where permitted are subject to
prior review and approval of the Lessor.
In using the premises, Lessee shall comply with all policies
RIGHT-OF-WAY LEASE -1-
and regulations heretofore or hereafter promulgated by the city of
Bremerton relative to the location, operation and maintenance of
facilities located on the property herein d~scribed. Direct access
to ramps or traveled lanes of limited access highways is not
permitted. All construction plans and any changes thereof are
subject to approval by the Lessor and must comply with applicable
State and Local ordinances, regulations and environmental
requirements. Lessor shall cooperate with the Lessee in its
efforts to obtain such approvals and shall take no action which
would adversely affect the current use or proposed use of the
Lessee.
The Lessee shall perform or cause to be performed at Lessee's
expense all maintenance of the premises which will include, but not
be limited to, keeping the premises in good condition, both as to
safety and appearance to the satisfaction of the Lessor.
3. Term. The term of this lease shall commence on the date
of execution by the Lessor and shall thereafter be a year to year
tenancy. This lease may be terminated by either the Lessor or the
Lessee by giving ninety (90) days written notice of termination to
the other party prior to the anniversary date of this lease. In
the event that this lease is terminated by the City, the Lessee
shall not be entitled to any payment or compensation by reason of
such termination. Provided, That the Lessee shall be entitled to
a return of rental payment based upon rent paid beyond the
effective cancellation date. Furthermore, such leased premises
shall not be considered as a part of or as contributing to the use
of any adjoining or other properties owned, used or controlled by
RIGHT-OF-WAY LEASE -2-
BSHED1.LSE - 10 - 1/~4/94
/7
the Lessee in the event such other property or property rights of
the Lessee are subject to condemnation subsequent to the execution
of this Lease.
4. Rent. Rent for the premises shall be paid to Lessor
annually, payable in advance on the anniversary date of this
agreement at the rate of Forty-six Dollars ($46.00) per annual
period. In addition, Lessee shall pay the applicable Washington
State Leasehold Excise Tax on the above rental. Rent shall be paid
at the address designated by Lessor.
At the beginning of each successive year thereafter, the
annual rent shall automatically be adjusted in the "All Items"
category of the Consumer Price Index for All Urban consumer Scale
(CPI-U) as published by the Bureau of Labor Statistics for the U.S.
Department of Labor, U.S. city average, (the "Index"). However,
rent shall not, in any case, decrease nor shall rent increase more
than five percent (5%) per year.
If any time during the term of the lease the practice of
computing the Index for the City of Seattle shall be abandoned or
altered by the U.S. Department of Labor, and not assumed by some
other federal or state governmental agency, then there shall be
substituted therefore in Lessor's sole discretion the then most
nearly comparable cost of living index.
5. Lessor's Right of Entry and Inspection. The Lessor
reserves the right to enter upon the premises at any time without
notice to the Lessee for the purpose of inspection, maintenance,
construction or reconstruction of the highway facility or any
element thereof. Any loss of the use of the leased premises due to
RIGHT-OF-WAY LEASE -3-
8$HED1.LSE - 10 - 1/2&/g&
/7'
Lessor's exercise of such right will be compensated for solely by
pro-rata reduction of rent. Lessor shall in no way be responsible
for any incidental or consequential damages due to such action.
Lessor may, from time to time, go upon the premises for the purpose
of inspecting any excavation, construction or maintenance work
being done by the Lessee. Entry upon the premises for any other
purpose by the Lessor shall be conducted with reasonable notice'to
the Lessee and during the hours of 8:00 a.m. to 5:00 p.m.
7. Liability Insurance. Lessee, at its own expense, shall
provide and keep in force with companies reasonably acceptable to
Lessor public liability insurance for the benefit of Lessor and
Lessee jointly against liability for bodily injury and property
damage in the amount of not less than One Million Dollars
($1,000,000.00), such limits to be for any greater amounts as may
reasonably be indicated by circumstances from time to time
existing. Lessee shall furnish Lessor with a certificate of such
policy within thirty (30) days of the commencement date of this
Lease and thereafter shall satisfy Lessor that such policy is in
full force and effect. Such policy shall name Lessor as an
additional insured and shall be primary and noncontributing with
any insurance carried by Lessor. The policy shall further provide
that it shall not be canceled or altered without ten (10) days
prior written notice to Lessor.
8. Accidents and Indemnity. Lessee will save and hold Lessor
harmless from all loss, damage, liability or expense resulting from
any injury to any person of any loss of or damage to any property
caused by or resulting from any act or omission of Lessee or any
RIGHT-OF-WAY LEASE -4-
/?
officer, agent, employee, guest, invitee or visitor of Lessee in or
about the Premises, but Lessor will save and hold Lessee harmless
from any and all loss, damage, liability, or expense resulting from
any injury to any persons caused by the negligence of Lessor or any
officer, agent, employee, guest, invitee or visitor of Lessor.
Lessor shall not be liable for any loss or damage to person or
property sustained by Lessee, or other persons, which may be caused
by theft or by any act of neglect of any tenant or occupant of the
building, or of any other person, or by any other cause, unless
caused by the negligence of Lessor or its officers, licensees,
agents, employees, guests, invitees or visitors.
9. Liens. Lessee shall not permit any lien to be imposed
upon the property of Lessor as a result of work done by or on
behalf of Lessee and shall indemnify and hold Lessor harmless
against any and all expenses, including reasonable attorney's fees
and court costs in connection with any such lien.
10. Prohibition of Assignment. It is agreed that the Lessee
will not, in whole or in part, assign this agreement or sublease
the premises without prior written consent of the Lessor.
Lessee hereby covenants that they are acting as principal for
themselves, and not as agents for any undisclosed principal.
11. Default, Termination or Abandonment.
(a) Notice of Default. At any time after the occurrence of
a default or defaults under this lease and while any such default
remains unremedied, Lessor shall have the option to give notice in
writing of its intention to terminate this lease by written notice
directed to the Lessee. Such notice of intention to terminate
RIGHT-OF-WAY LEASE -5-
B~HED'~.LSE - 10 -
shall specify the default or defaults then outstanding.
Termination shall become effective twenty (20) days from notice if
substantial cure is not completed within' that time, Waiver or
acceptance of any default of the terms of this agreement by Lessor
shall not operate to release the Lessee of the responsibility for
any prior or subsequent default.
(b) Termination and Extension. After the expiration'of
thirty (30) days from the giving of such notice in the case of
default, if one or more defaults described in such notice then
remains unremedied, this lease shall terminate without further
notice and all right of the Lessee shall cease. The Lessor may, at
its option, extend the above period, if in the judgment of the
lessor, an extension is justified.
(c) Assiqnment for Benefit of Creditors. Insolvency, or
Bankruptcy. Appointment of a receiver to take possession of
Lessee's assets, Lessee's general assignment for benefit of
creditors, or Lessee's insolvency or taking or suffering action
under the Bankruptcy Act is a breach of this lease and this lease
shall terminate.
(d) Performance bv Lessor. If Lessee defaults in the
performance or observation of any covenant or agreement contained
in this lease, Lessor, without notice if deemed by Lessor that an
emergency exists (endangerment of life or failure of Lessee timely
to obtain any insurance or to pay is presumed to be an emergency),
may direct the Lessee to stop work and/or may itself perform or
cause to be performed such covenant or agreement and may enter upon
the premises for such purpose. Lessee shall repay to Lessor upon
RIGHT-OF-WAY LEASE -6-
demand the entire cost and expense of such performance by Lessor,
any act or thing done by Lessor under the provisions of this
paragraph shall not be or be construed as a waiver of any agreement
or condition herein contained or the performance thereof.
(e) Disposition of Improvements. Upon termination of this
lease under any provision thereof, the improvements constructed on
the leased premises shall become the property of the Lessor or, at
the option of the Lessee, may be removed by the Lessee at his
expense in a manner prescribed by the Lessor.
(f) Abandonment. In the event that it becomes apparent in
the Lessor's sole judgment that the premises have ceased to be used
or have been abandoned for a continuous period of sixty (60) days,
the Lessor at its option, shall have the right to terminate this
lease, provided due notice of termination shall be given the Lessee
not less than thirty (30) days prior to the proposed termination
date.
lZ. Notices. Wherever in this lease written notices are to be
given or made, they will be sent by certified mail addressed to the
parties at the address listed below unless a different address
shall be designated in writing and delivered to Lessor by the
Lessee.
LESSOR: City of Bremerton
Office of the City Clerk
239 Fourth Street
Bremerton, Washington 98310
LESSEE: ~-
· 3. Relationship. In no event shall the Lessor be construed,
RIGHT-OF-WAY LEASE -7-
BSHE~I.[SE - 10 -
or held to have become in any way or for any purpose a partner,
associate, or joint venturer of the Lessee or any party associated
with the Lessee in the conduct of th~ Lessee's business or
otherwise. This lease does not constitute the Lessee the agent or
legal representative of the Lessor for any purpose whatsoever.
14. Nondiscrimination. Lessee shall not discriminate in
employment or services to the public on the basis of sex, race,
color, creed, national origin, age, marital status, physical,
mental or sensory handicap except an employment action based on a
bona fide occupational qualification.
15. 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.
16. Miscellaneous.
(a) The substantially prevailing party in any litigation
arising hereunder shall be entitled to its reasonable attorney's
fees and court costs, including appeals, if any.
(b) This lease constitutes the entire agreement and
understanding of the parties, and supersedes all offers,
negotiations and other agreements. There are no representatives or
understandings of any kind not set forth herein. Any amendments to
said lease must be in writing and executed by both parties.
(c) If either party is represented by a real estate broker in
this transaction, that party shall be fully responsible for any fee
due such broker.
Date BRETT/~iELD
BEVERLY HA~FI~E D ~
RIGHT-OF-WAY LEASE -8-
$SHED1.LSE - 10 - 1/24/9&
PAUL McCULLOUGH ·
'~E~ McCULLOU~ / ( ~ /
ClT~ O~ BR~ERTO~
Date L N HORTON, Mayor
LESSOR
ATTEST:
;~H2;;; Mc~US~NTAL AP~O'VA~erk
~IAN R.~3SIEVERS, City Attorney
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me Brett Hayfield and
Beverly Hayfield, husband and wife, to me known to be the
individuals described in and who executed the within foregoing
instrument, and acknowledged that they signed the same as their
free and voluntary act and deed, for the uses and purposes therein
mentioned.
~EN under my hand and official seal this day of
\./~&~¢~ ~,.~. , 1994 ·
~%o .0F~%%, Not~y Publlc' in and f~he Sta~
~ ,~, · Washington, residing at
~k ~U~IC / ~ My appointment expires:
BSH~D1.LSG - 10 - ~/~/~
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day personally appeared before me ~aul McCullough and Jean
McCullough, husband and wife, to me known to be the individuals
described in and who executed the within foregoing instrument, and
acknowledged that they signed the same as their free and voluntary
act and deed, for the uses and purposes therein menti~D~d.
~V~tu~d?~r. mY hand a?dl~9f4f~cial seal this /~ day of
~ . ~ :~,~. Washington, residing at ~~
~ % ~U~[~ , ~ My appointment expires: ~
~.~,~ ;-~ - .
CO~TY OF KITSAP )
On this day personally appeared before me Lynn Horton,
Bremerton city Mayor, and Kathleen L. McCluskey, Bremerton City
Clerk, of the City of Bremerton, the municipal corporation
described in and that executed the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute
said instrument on behalf of said corporation.
GIVEN ~der my~hand and official seal this ~ day of
~~ , 1994.
~:~ NOlgNy'~?~a Notary Public ~n and for the State of
~ . ~%~ Washington, residing at ~~
~. : ~ · . . .
~. ~.0.,. & ~ My appointment expires.
RIGHT-OF-WAY LEASE --10--
BS~ED1.LSE - 10 - 1/2&/94
~ HAR IS ST.
WSDOT PROPERTY--
LEASED TO CITY -- -- -- --
c 11TH S'F.
LEASE PARCEL
BOATSHED RESTAURANT
DATE: 1-H.-94 JOB NO.: RIGHT BOATSHED RESTAURANT SHEI~
DRAWN BY: ROE OF' WAY AND PARKINGL£ASESI
CITY
OF
BREMERTON
ENGINEERING DIVISION APPROVED BY: Fa NO. P
DV/G. NO,: MTT3 SCALE: 1:100 +/- i
AIRSPACE LEASE
THIS LF~SE made and entered into this '3~'hday of ~_~..~.~_ ............. ,
[9_~"between the WASHIN~N RATE DEP~I~F~qT OF TRA~PO~ATION, hereinafter
called the "Lessor" and B~ and B~Y ~IE~ , hereinafter called the
"Lessee"; ~d PA~ a~ ~~H
~S, the land and premises to be leased are not presently needed
exclusively for highway pur~ses: ~E~S the Department of Trans~rtation is
granted authority to lease property under R~ 47.12.120: ~ ~E~AS, the Lessor
and Lessee deem it to be in the best public interest to enter into this lease;
N~ THE~FO~, in consideration of the terms, conditions, covenants and
performances contained herein, IT IS M~U~LY AG~ THAT:
The Lessor does hereby lease to the Lessee the premises described in Exhibit
"A" attached hereto and by this reference incor~rated herein.
TE~. The Term of this lease shall be year to year C~NCING ON THE DATE OF
EX~ION OF THIS L~SE BY T~ STATE.
The Lessor reserves the right to terminate this lease with 90 days written
notice to the Lessee should the premises be needed for any future public
purposes.
In the event that this lease is terminated by the state, the Lessee shall
not be entitled to any pay~nt or com~nsation by reason of such termination.
P~ovided, that the Lessee shall be entitled to a return of rental payment based
u~n rent paid beyond the effective cancellation gate. Furthermore, such leased
[~remises shall not be considered as part of or as contributing to the use of any
adjoining or other pro~rties owned, used or controlled by the ~ssee in the
event such other property or property rights of the Lessee are subject to
condemnation subse~ent to the execution of this lease.
~. Rent for the premises shall be paid Lessor annually, in advance on or
before the /5'ff day of ~, at the rate of $360.00 for each annual
peri~ PLUS WASHINGTON ~ATE EXCISE T~ ~EN APPLIC~LE, during the
entire term of this lease payable at the address designated by the Lessor.
~ ~JUST~S. Lessor shall give thirty (30) days written notice to the
Lessee that a rent adjust~nt is bein~ ~de. This notice shall include the a~unt
of the adjusted rental rate and the date the new rate ts to become effective.
Failure or refusal by the ~ssee to pay the adjusted rental rate shall constitute
a breach of this agreement and entitle the Lessor to legal recourse.
C~GE FOR LATE PAY~. If any pa~ent of rent or if any other sum due
Lessor is not received by ~ssor on or ~fore the due date, a late charge of one
percent (1%) of the amount due and u~paid shall be added to the amount due and the
total sum shall become i~ediately due and payable to Lessor. A $25.00 dollar
administration fee must be paid each and every month Lessee is in arrears.
Lessor and Lessee agree that such late charges represent a fair and
~easonable estimate of the costs incurred by Lessor by reason of late payment.
Acceptance of late payment charges and/or any ~rtion of the overdue payment by
Lessor shall in no event constitute a waiver of Lessee's default with res~ct to
such overdue payment, nor prevent Lessor from exercising any other rights and
remedies granted in this lease.
-1-
USE OF PREMISES. In using these premises, the Lessee shall comply with all
policies and regulations heretofore or hereafter promulgated by the Department of
Transportation relative to the location, operation and maintenance of facilities
located on the property herein described. Direct access to ramps or traveled
lanes of limited access highways is not permitted. Ail construction plans and any
changes thereof are subject to approval by the Lessor and must comply with
applicable State and Local ordinances, regulations and environmental
requirements. The use of said premises shall be such that no hazardous or
unreasonably objectionable smoke, fumes, vapor, odors, or discharge of any kind
shall be permitted to rise above the grade line of the highway facility.
Flammable materials including but not limited to petroleum products, paint and
resins may not be stored on the site without the express permission of Lessor. No
use other than customer parking of automobiles and landscaping shall be permitted
without the prior written approval of the Lessor. Signs are not permitted unless
completely detailed in a separate submittal and any such signs require specific
prior written approval. Chain link fences in place at the time of execution of
this lease or relocated to separate the leased premises from the traveled roadway
will be maintained by the state for the duration of the lease. Nothing is to be
attached to Lessor's fence without prior written approval. The Lessee shall
perform or cause to be performed at his expense all maintenance of the premises
which will include, but not be limited to, keeping the premises in good
condition, both as to safety and appearance to the satisfaction of the Lessor.
~AXES{ ASSESSMENTS AND UTILITIES. The Lessee agrees to pay all taxes and
assessments which are assumed by him, if any, and all taxes and assessments which
benefit the leased premises and/or which may hereafter become a lien on the
interest of the Lessee in accordance with RCW 79.44.010, and also all taxes which
may hereafter be levied or imposed upon the interest of the Lessee or by reason of
this agreement. The Lessee is responsible for and agrees to pay for utilities
which serve the leased premises.
LESSOR'S APPROVAL OF DESIGN AND CONSTRUCTION. The Lessee covenants that any
improvements to be constructed on the premises will not at any time during or
after construction either damage, threaten to damage or otherwise adversely
affect any part or element of the highway facility or the operation thereof. The
Lessor shall be furnished with 2 sets of complete plans, details and
specifications and revisions thereto for all improvements proposed to be placed
on the premises, and no work shall be done without prior written approval of such
plans by the Lessor. Ail construction work shall be done in conformity with the
plans and specifications as approved. The Lessor may take any action necessary,
including directing that work be temporarily stopped or that additional work be
done, to insure observation of the plans and specifications, protection of all
parts and elements of the highway facility and compliance with Lessor's
construction and safety standards. The improvements shall be designed and
constructed in a manner which will permit access to the highway facility for the
purpose of inspection, maintenance, and construction when necessary.
MECHANIC'S LIENS. Nothing in this lease shall be deemed to make the Lessee
the agent of the Lessor for purposes of construction, repair, alteration, or
installation of structures, improvements, equipment, or facilities on the
premises. The Lessee acknowledges that th~ Lessor may not, and shall not, be
subject to claims or liens for labor or materials in connection with such
activities by the Lessee.
The Lessee shall at all times indemnify and save Lessor harmless from all
claims for labor or materials in connection with' construction, repair,
alteration, or installation of structures, improvements, equipment, or
facilities within the demised premises, and from the cost of defending against
such claims, including attorney fees.
-2-
In the event a lien is filed upon the leased premises, Lessee shall either:
1. Record a valid Release of Lien, or
2. Deposit sufficient cash with Lessor to cover the amount of the claim on
the lien in question and authorize payment to the extent of said
deposit to any subsequent judgment holder that may arise as a matter of
public record from litigation with regard to lienholder claim~ or
3. Procure and record a bond which frees the leased premises from the
claim of the lien and from any action brought to foreclose the lien.
Should Lessee fail to accomplish one of the three optional actions within 15
days after the filing of such a lien, the Lease shall be in default and shall be
subject to immediate termination.
LESSOR'S RIGHT OF ENTRY AND INSPECTION. The Lessor, for itself and for the
Federal Highway Administration, reserves the right to enter upon the premises at
any time without notice to the Lessee for the purpose of inspection, maintenance,
construction or reconstruction of the highway facility or any element thereof.
Any loss of the use of the leased premises due to the Lessor's exercise of such
right will be compensated for solely by pro rata reduction of rent. The Lessor
shall in no way be responsible for amy incidental or consequential damages due to
such action. The Lessor and the Federal Highway Administration may from time to
time go upon the premises for the purpose of inspecting any excavation,
construction or maintenance work being done by the Lessee. Entry upon the
premises for any other purpose by the Lessor and the Federal Highway
Administration shall be conducted with reasonable notice to the Lessee a~d during
the hours of 8:00 a.m. to 5:00 p.m.
INSURANCE. At its expense, the Lessee sh~ll keep the premises and
improvements thereon continuously insured throughout the term of th~s lease by an
insurer licensed to conduct business in the State of Washington against claims
for personal injury or property damage. The insurance shall be in amounts of not
less than $100,000.00 to indemnify against the claim of any one person, and in an
aggregate amount of not less than $300,000.00 to indemnify against claims of two
or more persons resulting from any one incident. Coverage in the minimum amounts
set forth herein shall not be construed to relieve the Lessee from liability in
excess of such coverage. Lessee shall acquire property damage insurance in an
amount of $100,000.00. The insurance policies required by this paragraph shall
na~e Lessor as one of the insured thereon, and copies of all such policies shall
be provided to Lessor, and such policies shall not be cancellable except on
thirty (30) days written notice to Lessor.
NON-LIABILITY OF LESSOR. The Lessee shall indemnify and hold the Lessor
harmless from any and all claims including attorneys fees, damages, suits, and
expenses of whatsoeve~ kind or nature on account of injuries to or death of any
person or persons and damage to property arising in whole or in part from the use
or occupancy of the leased premises by the Lessee or the activities conducted
upon the premises by the Lessee, its contractors, subcontractors, agents,
employees, patrons, guests and invitees. ·
The Lessee further agrees to accept and defend all such claims, damages and
suits for injuries to or death of any person or persons or damage to property
ar[sing in whole or in part out of the use or occupancy of the leased premises at
its own expense in the name of and on behalf of the Lessor.
-3-
NON-DISCRIMINATION. The Lessee, for itself, its successors, and assigns as a
part of the consideration hereof, does hereby covenant and agree, as a covenant
~nn{n.~ with the land, that no person, on the grounds of race, color, creed,
~,~t~nai origin, marital status, age, sex or the presence of any sansory, mental
or physical handicap shall be excluded from P,i~ticipat[on in, be denied the
benefits of, or be otherwise unlawfully subjecte.] to di~cr ~minat~on in the use of
the facility now or hereafter on the premises, that [~% connection with the
construction of any improvements on said lands .and ti~e f~r~ishin9 ~f services
tT~e~eon, no such discrimination shall be practiced in ~he %~election of e~ployees
or contractors, or by contractors in the selec%ion and retention] of their
s~bcontractors, that such discrimination shall not be practiced against the
public in their access to and use of the facility and services provided for
public acco~modation constructed or operated on, over, or under the space of the
right of way, and that the Lessee shall use the premises in compliance with all
other requirements imposed pursuant to the Revised Code of Washington Chapter
49.60 and Title 49, Code of Federal Regulations, Subtitle A, Office of the
Secretary of Transportation, Part 21 (49 C.F.R. Part 21), and as said Regulations
may be amended. The breach of any of the above nondiscrimination covenants shall
be a material act of default entitling the Lessor to terminate this lease in
accordance with the procedures set forth herein.
PROHIBITION OF ASSIGNMENT. IT IS AGREED that the Lessee will not, in whole
or in part, assign this agreement or sublease the premises without prior written
consent of the Lessor and the Federal ~ighway Administration.
The Lessee hereby covenants that he is acting as principal for himself, and
not as an agent for any undisclosed principal.
DEFAULT TERMINATION OR ABANDONMENT. (a) Notice of Default: At any time after
the occurrence of a default or defaults under thi~ lease and while any such
default remains unremedied, the Lessor shall have the option of giving notice in
writing of its intention to terminate this lease by persona] service upon, or by
written notice directed to the Lessee. Such notice of intention to terminate
shall specify the default or defaults then outstanding. Waiver or acceptance of
any default of the terms of this agreement by the Lessor shall not operate to
release the Lessee of the responsibility for any prior or subsequent default. (b)
Termination and Extension: After the expiration of thirty (30) days from ~he
giving of such notice in the case of default, if one or more defaults described £n
such ~otice then remains unremedied, this lease shall terminate without fu~ti~er
notice and all right of the Lessee shall cease. The Lessor may in writ~n!~ at his
opt[on, extend the above period, if in the judgment of the Lessor, an extension
is justified. (c) ~ssi~nment for Benefit of Creditors{ Insolvency, o~ Bankruptcy:
Appointment of a receiver to take possession of the Lessee's assets, the Lessee's
general assignment for benefit of creditors, or the Lessee's insolvency or taking
or suffering action under the Bankruptcy Act is a breach of this lease and this
lease shall terminate. (d) Performance by Lessor: If the Lessee defaults in the
performance or observation of any covenant or agreement contained in this lease,
the Lessor, without notice if deemed by the Lessor that an emergency exists
(endangerment of life or the highway facility or failure of the Lessee timely to
obtain any insurance or to pay any taxes due is presumed to be an emergency), may
direct the Lessee to stop work and may itself perform or cause to be performed
such covenant or agreement and may enter upon the premises for such purpose. The
Lessee shall repay to the Lessor upon demand the entire cost and expense of such
performance by the Lessor. Any act or thing done by Lessor under the provisions
of this Paragraph shall not be or be construed as a waiver of any agreement or
condition herein contained or the performance thereof. (e) Disposition of
~mprovements: Upon termination of this lease under any provision thereof, the
improvements constructed on the leased premises shall become the property of the
Lessor or, at the option of the Lessor, may be removed by the Lessee at his
I'~,n,',~n: On [el'mina~[on O£ this lease for any reason, Lessee agrees, if so
directed by Lessor to restore grades and on limited access highways also to
relocate fences to their configurations prior to Lessee's occupancy. This work is
to be done at Lessee's expense to the satisfaction of the Lessor. (g) Vacation of
Premises: Upon termination of this lease, the Lessee shall cease his operations
on and/or use of the leased premises. In the event the Lessee fails to vacate the
premises on the date of termination, he shall be liable for any and all costs to
the Lessor arising from such failure, plus liquidated damages in the amount of
two months' rent. (h) Abandonment: In the event that it becomes apparent in the
Lessor's sole judgment that the premises have ceased to be used or have been
abandoned for a continuous period of sixty (60) days, the Lessor at its option,
~hall have the right to terminate this lease, provided due notice of termination
~]hall be given the Lessee not less than thirty (30) days prior to the proposed
termination date.
NOTICES. Wherever in this lease written notices are to be given or made,
they will be sent by certified mail addressed to the parties at the address
listed below unless a different address shall be designated in writing and
delivered to the other party.
LESSOR: Department of Transportation
Land Management Section
P. O. Box 9327
Olympia, WA 98504
LESSEE: BRETT and BEVERLY HAYFIELD
PAUL and JEAN McCULLOUGH
101 Shore Drive
Bremerton, ~ Washington 98310
..- /~ ;~ .(,.~6/~ ~/ Date
Le~e .~ WASHINGTON STATE
· ~' DEPARTMENT OF TRANSPORTATION
, : .. ')' ~ I (/~ ,, ~,.. . .' ~ By: ...........................
APPRO~ ~ TO FO~
,, 1985
By: __
Assistant Attorney General
--5--
STA'?E OF WASHINGTON )
County Of )
On this i'. ! day of [~'~ t 1985 before me personally appeared
BRETT and BEVERLY HAYFIELD and PAUL a_~d___J_EA~i_M~_q~I~L~IUGH
to me known to be the individua~ described in and who executed the foregoing
instru~nt, and acknowledged tha~ they signed and sealed the same as ~heir
free and voluntary act and deed, for the uses and pur~ses therein mentioned.
GI~N under my hand and official seal the.,day and year last above written.
~_~.'~ ~.~..: ..........................
~ok~y Public ~ and go~ kh~
County of KITSAP )
On this day of before me personally
app~,ared
to me known to be the of the corporation that
executed the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that authorized to
execute said instrument and that the seal affixed is the corporate seal of said
corporation.
GIVEN under my hand and official seal the day and year last above written.
Notary Public in and for the State
of Washington,
Residing at
STATE OF WASHINGTON )
County of }
On this . day Of before me personally
appeared to me known to be the duly appointed
................................ for the Washington State Department of
Transportation and that he executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of
said State of Washington, for the uses and purposes therein set forth, and on
oath states that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal
the ........ day of ._, 19__.
Notary Public in and for the State
of Washington,
Residing at
-6-
ADDENDU# TO AIRSPACE LEASE AA-3-07159
THIS LEASE Addendum made and entered into the first day of May, 1986, between
the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, herein called the "Lessor"
and CITY OF BREMERTON, herein called the "Lessee".
The purpose of this Amendment will be to add the following consideration
clause to the lease effective May 1, 1986.
CONSIDERATION
The Lessee agrees to administer a sublease for 10% of the gross rent
receipts and forward 90% to the Lessor %Dept. of Transportation,
Transportation Building, Olympia, WA 98504, Attn: Cashier.
The Lessee also shall have access to, and use of the site for parking
maintenance of landscaping and viewpoint areas within the lease boundaries.
WASHINGTON STATE DEPARTMENT OF
Lessee TRANSPORTATION
By:
~ly~e L~.- Slemmer
Project Development Engineer
A~si~'l~a~ Attorney General s
Divisio~
STATE OF WASHINGTON )
:
County of )
I, the undersigned, a Notary Public in and ~ the' State of Washington,
do hereby certify that on this ~-d day of ~,d,~_~, 1986, before me
qua fied Mayor City Clerk
to me known to be the duly elected and li ano
of the City of Bremerton, Washington, that executed the within and foregoing
instrument and acknowledged the said instrument to be the free and voluntary
act and deed of said City, for the uses and purposes therein mentioned, and
each on oath stated that he is authorized to execute said instrument by
Resolution of the Mayor and City Commissioners of said City, and the seal
affixed is the official seal of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the day and year tten.
Notary Public/~n a~d for the Sta~e
of Washington~ ~
Page 1 of 2 Pages
AIRSPACE SUBLEASE ASSIGNMENT
For and inconsideration of the sum of Ten Dollars and other good and
valuable consideration, the hereinafter named assignor hereby assigns,
sets over and transfers all of his right, title and interest in and to
that certain Sublease between the Secretary, Washington State Department
of Transportation and the City of Bremerton dated April 30, 1979, a copy
of which is attached hereto and incorporated by reference herein unto
BRETT HAYFIELD and BEVERLY HAYFIELD, husband and wife, and PAUL McCULLOUGH
and JEAN McCULLOUGH, husband and wife, whose address is 101 Shore Drive,
Bremerton, Washington, 98310, and said assignees hereby bind and obligate
themselves to perform all the conditions and covenants of said Sublease.
DATED this fS~ day of April, 1985.
BRIAN W. BUSKIRK, Assignor
BRETT HAYFIELD, Assignee
BEVERLY HAYFIELD; Ass~ee '
' ~c~CU~.LO~UG~ A s~ig n e e
~EAN McCULLOUGH,
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this day personally appeared before me BRIAN W. BUSKIRK,
BRETT HAYFIELD and BEVERLY HAYFIELD, husband and wife, and
PAUL McCULLOUGH and JEAN McCULLOUGH, husband and wife, to me known
to be the individuals described in and who executed the within and
foregoing instrument and acknowledged that they signed the same
as their free and voluntary act and deed, for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this /5 day of ~/~ ,
1985.
of Washington, residing at Bremerton
THIS LEASE, suhj~_'ct to approval by the S~tcretary, {{ashington
Ftate Department ef Transperhation, made and entered {nto ~his
~av o~ , 1981, between kh~ C~ .t OF B~,E~ LRPO~ , here:i, na~t~xP
[ai!Td the "Lessor" and NitETT hA~]. [,,~b aRcJ BNVERLY IiA!FIELD, his
~, E~LAS, the land and ~l.e_ml..mo %o be leased ar~} not
} eot{d e:{clusivelv for highway [:u_p,k{~.~ AND ' ' ~' ~ ~
: ess{.e dee~'.} it 'to be in the b(..3t nubh~c interest to ell{leu '
zn ~c. thJ s
NC~W THERi;NORE, in consideration of the h-e._~ms~, conditions,
b~-~ ~o~,~nc~.~ contained herein, IT IS HUTLiALLY AGR!NND
The Lessor, subject to approval, by the Secreta~.y, WashJ. ngton
~h~ Nremises duscribed, in hxhlbl' ' '~tt "A" attached hereto and by hhi.~
e~}ren(:~ incorporahod hereiu.
.........Ti]RM. The terla of this leese shall commence or: the date off
~ c~ ol arid shall thereafter be a yea~ to y(lar
~:ivinq ninety (90} days written notice of termination to Lite otb,._r
}fl} h!'. :. ,A the ev(~2[ [ihi{. thls lease is terminated by hhe C~ty
i ul kio u;e or con~,enh~ :c:c~, the Lc.s,~"~'~-, shall, not he enkitAed to arty
· - i ...... reason of such kcrmir~atior:. Provxded,
~ u~l~ kc) ~h~ use o2 any adjoh~[n,{l or oc:ne2 proper[:le::~ owned,
to thtl~ (::et:ut:ion of t:his !ease.
~ ~c.b ~.~24..00) for each st trial ec~od plus 12% NashAngton Sta[:e
. ~u~a .... ~ t..~gn~t~:,~ by the I,esser.
.., it:h '~ ..... ":--- ' ................. '
~l.i. pOllCles and reqttlatlof~s heretofore er hereaf:ter prom'.l](iated
}.t [-.~v~- to the ~ocation, operation and
J'.~l;lte/iallce. of faciiJ, tJe:i located on the property her~in descr:lbed.
._~aV~lt.O lanes of limited access highways
is nob p(r~:i/Led. A].I construction plans and any changes thereof ar(il
ap~e%,~ by th~ l,essor and must comply with
~:}ta tze and Local ~-'J .... c,~, '
o..d n.~ ..... : re~rutahions and env!ronmenta! re(~uir :rtents
'lbo h. ~.~q:' of said premises' shall' - be such that no hazardous or 1,- ~
{b!v objectionable smoko ~ -~,
ise above the grade line of the highwa!, facility~ No other use
lhan custom,er parking off automobiles shall be permitted wJthouh ~,h~
[Fior approval as~'o.~' ~c~.-~.~ required ~n this a~reemen~ . Tho L,r!ss(l(l
the premises in good confiition, both as ho safe~y an~ appearance
tl~e satJsi:achion of the ~ , ~'
ave assNmod by him, if any, and all taxes which may hereafter become
~,.~ .~nke~_ou o~ th~ Lessee, and ~lso all ta.,~s which may
LESSOR'S APPROVAL OF DESIGN AND CONSTRUCTION. Lessee eov,:Nlants
that an~imp.rovemenhs to be constructed on the premises will not at
any time during or afte~ construction either damage, threaten to damage
or o~her~.l~ ~rsely affech an5 ..... element of kne highwav
facility er the operation thereof. I~{ssor and the WASHINGTON STATE
DEDARTMENT OF TRANSPORTATION shall be furnished wi. th ~ '
~Jples of all
~ [ ~ns and specifications and revisions [hereto for ail improvemmts
inlludinc~ signs .~}roposed to be placed on tln~ fD~*~.~.mlo~:'~'':'-, ~nd no work
{~,.~lle without p}rtor Loss(ir lind WAS}![NGTDN S ~l~ri, ........ D .i,~x ~,l~°~- ~
01;' ?~NSPORTATION a}p~ovaL. All consir~ck[_on work shall ,~'~,,_ d..nu,o ,, in
c~uformitv with the plans and s} ~
~ po~,,_._~./ ,~[op~__d or that addikional ,;~ork ~l)e done, i~o IllS(lEe
Ol ;6'iV,i~iou of khe plalls [ilid sDecificakJens~ protect{on of ali
' ~ ~: '- khc ~.ac.l. 1]k? and comp]~anco with f,essor s
{ , ~structi,~n and safety ,:~nc.~r~, The .i,,,~o~.m~hto shill be dnsi~;ned
c s~} ~{.''uea in a re{inner ,,~14 .... w~]]'~ :',-mi~. access to t:he highway
~}!-~{~i~i!}__!~!~HT OF ENTRY AND INSPNC!'ION. The Les:;ou, for" ,~
Jac~:_ii V or any element the~:eo~. Anv
such rJq}~t will bec.,)'- ~,h~'~t.t_d for solely by pro ra a reduchior{' of
~o~ snal! iN no way })c responsible ~ ~-
t ,.~...,~.~. 01:' rE~i{ANSPOR'i'A?iON lflay [toNi trine 110 +'J.. ~' ,gO ~lpOh thc
',)I' ~ ~ 'i
; oiiC1OS ~lle~J. }gQ {~t.lxU ..... k.O Lossor. S :ch po~.~Le~ shall not be
c~ xx iable except On ti!izt:y (30) days ,~ot-.[~.~'c'~ to Lessor.
- ,. ( ..... c shall indemnify a~:d hold
th~: !,es~iS~'l~il~FiSi~6-'li~;}~-iO~i~r-Nnd all. clains inc]_uding akeorney's
of in'urLes] . to or (Lat~; ~' ' of any pcrsol or persons and day,age to
~a~s. N0 11'1 ~note or park {:rom khe use or occupancy of the leased
Nr raises by the Lessee OZ ih ~ activities conducted upon the premises
i,v.~ the I,essee, {ts c(n~ t~-',~''LO~.~,'-= subcontractors, agents, emoloyees. . and
o.fen(~ all such claims,
da ~age to ~:opc.~.tz [tr!sLRq ill whole or In part out of the use of
occupancy ~f the leased premises at its ewn o-,-,~_.~,enoe, ~': ..h~ ' the name of
arid on behalf of the Lessor.
n,~t, )_l {}~qin Rtar±hal status, age,
':: /X or t~i~ pFos62110(~ c)f a}!y sensory ine}ltal or }physic{~i handicap
o! services hhereon, no such discri]uinqzioqs.h.lls;~' be oruct~cod
thc sd!cction Of e!R}llOyOOS Or C:oIi[ir~(lhors, ou bY coni rachors J.n [the
tion shall..not be p~'achiced agains[, the pub]. Jc in th~ ir access ~*-,..} and
use of the ff:~nil{t, and ' lc~ed for public
constructed or eperated on, over o1: under the space of the rh:tt
way, and that the Lessce shall use tho pr(liRiS{~S ii1 compliance with
all othor requireluetlhs ililI)osed pursuant to theO" ..... ,-~6 n~nc,~o.,~ ~- of uhe'
T]:ansportati. on, Part 21 (49 CFR Part 2i), and as said Regulations may
ant{ n{~c.. The breach of any of the above non-discrimination covenant.~
shall be a material act of defaut~ entitlint the Lessor to terminate
~.s lease in aocordnnce with tile procedures .~ _t forth herein.
PROHIbiTION OF ASSIGNHENT. IT !S AGREt~D that the I ~s ..~ will
Rot, in WhOle or in part, asszgn this ac;Fe(i[loIlh or sublease the
w! thot[t prior ~ -' - ~, ~ -' ' ..,
%,l. ltt~ .... COIISCMi~ Of the Lessor and the Federal
Ad:ui ni.s tratior .
}cSsde hereby covell~tllLs that he is act::Jnc[ as priric:ipal for:
hlnsolf, and not as an ~gent for any undisclosed prJrcipa].
. ,.rd i i, i~.]..~,S b,L [ ~ ('P~ ABANDON['-IEN']'. (a) Not kCe cf D<.ZC~
] (L'.~Se and while any snch dc, fault ~-e ~= '
khJ t'~', ' ""'
dh:d, thi: ' " : ' · ,, ' '
~:~ ,: th ,u Ih~r iR~r notfi ce and al 1 rJc~ht
.hLOVn '2{~r tod; '~: ~i ih{ }:tdgnlo~lt oi~ {lie ~. Sol , an exilensi~on l's
ice, se ann tnlls lease shall tc. rminato. (c)
if
or agjlcement contaif!ed in this l~.~,~:, o -,'
~cnaang~:rm~:nu of life of tho hic~hwav. ~ fac:ilitv~ or f~.~h.r_~' ~ ~ of Lesse,:'
tJftely to obtain any J!lsltlllallco or tO pay any taxes duo is pr'e:;umed to
zD~e an c.i:!elsgerloy} , mav direct the Lessee to stop work alld/or may
~ 1.~_~1 f
O,~ ]h,2sscr, ~ll'ty act or cn~ ~g done by I,essor ullder the provisions
o~ t:his.r)aragz'aph shall r~ot be or be tenor, ruddy'- e as a waiver of any
<u) ~:!q!,.~_!S!~l~}_~.f Improvenlents: Upon t<~rminaticm o[[ dhis lease
-3-
~mzses shalz become the prop'eruy o2 the I .... o oz, at the ophion
Lessor, ii~a~ '' roR!ovod by th{} ~essee a~ his expense in a manner
irescribed bv the Lessor. (f) Abandonmer,.-t: !n ebb event that ;[.t
becomes apparent in the I,~.sor's sole ]udgim}nt Lhat the }}i:{.ilsas have
~ixty (60) days~ the Lessor at its option o~ '~ {,
L~-~ty (30) QaVS pr }r to the proposed ter-
iven or made, Lhey wi!] be senL by certifi, ed mail addressed to
;arti-::s at tlno address ] ii s ted below un". oss e'~1' ~:~:~er{.n +, u,'ts'-e~'~' s~'
des2 qnated in wrlqlNc c~No Q(~]~ZVe eot to ~,ossor, by Lhe Lessee.
LESSOR: ~,-~,~ n,~ ~r~ m'.~
2 39 P'~UR.n~ ~P STRI'}ET
~}REHER'i'ON, WA . 83] 0
NEVE~y hA~ I ~I,D
~ .......D this ...... day of ]9 .
'~:' TR, N S P O kTA T i O N
I NR!AN 8USKIRK, ~-~ ' '
, ,.~ .... by acKn(}',/!{.!dg !
hhah I was the previous Le:;s( c of
~o.~...} ace Suh].ease and >,
hereby consent to the Gxectlhio~l
of this Alrsnace' ':~,'~ bl ~ ~c., };y t ~.
, 1,( ..... l,ti . '.','.,,;h_:tk~Oc, Lossees designated above.
,/:PATE I')i;JPARTNI~[qT '"',,j. ']'T .... i" c ~( h~r"l Am'C")x; t..
~, bUSI<i RK
INDIV! DUAb ACKNO~ 7LtJDGHi,}Nq2
~ A~E. OF WASHINGTON
eu-.ly OF KiTSAP
On this day of
a-P={~.~.,t: GLENN I<. JARSTRD a~f'i~p~N%-~:6ins ............. bn~ore me personally
t~S~_~{ under my hand and official seal the day ant year last
A~IIINt{, ON
this day of 19 before me peFso~ia]_Iv
.......... and that ne ei--c:k, iixt~l~ :v% ,7~,.-
s thereln set forth --:;~- · .......... u~ ............ , for
.... ~(~ off{el ~ sea]
On I' ' '
- ~ -
...... ~.~ee and voluntary ,tot and de8~'2'-78} the puupo~:o~
~:~ N~,N under my hand and officLa] seal the day an~f year last
written.
. . ..... ~n~n ~or the State of-
WashJ _~]gton residing
-5-
LESSEE: BRIAN BUSKIKK
1305 CA. BELL WAY
BP~TON, WA 98310
GLENN K. JARSTAD~AYOR
Attest:
KATHLEEN L. ~J~DIO, City Clerk
Approved As To Form:
ASSISTANT ~TY ATTORNEY ~
BRIAN BUSKIRK, LESSEE
WASHINGTON~"I'TE DEPAR~ENT OF ~
APPROVED SECRE~I'ARY WASHINGTON
STATE DEPART~NT OF TRJ~SPORTATION
-6-
INDIVIDUAL ACKNOWLEDGMENT
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On this 13th day of March, 1979 before me personally appeared
Glenn K. Jarstad and Kathleen L. Mandio to me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that
they signed and sealed the same as
their free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal the day and year last above written.
Not.a'~.y Public iff an~ for the State. of
Washxngton, residing at
STATE AGENCY ACKNOWLEDC~[ENT
STATE OF WASHINGTON )
ss
On this ~/~_ day of ~ ~/ , 19~efore me perso~ll~ appesred
~~. ~~ ~o me kno~ %o be %he d~ appoin%ed
z and tha% he executed the ~th~n and fore-
~oi~ instr~ent and ac~owle~ed the said instr~ent to be the free and vol~-
tary met and deed of sai~ ~~ ~ ~ , for the uses and p~poses
therein set forth, and on oath~tates that he was authorized to execute said
~ ns trident.
IN WITN~S W}~EOF, I have he~e~to set ~ hand and affixed ~ official seal
the /~ day of
N6tary Public in and fd-r~a$~' of
Washington, residing at
INDIVIdUaL ~KNO~LEDGHERT
STgTE OF ~ASHtNGTON )
) SS
COUNTY OF K1TS~P )
On this ...... day ct ......... , 1979, before me personally appeared
to me known to be the individual
des-~r~b~-~ and wl~J~e~u~-gd ~ fore~oi~ instrument, and acknowledged that
signed and sealed the same as
free and voluntary act and deed, for the purposes therein
GIVEN under my hand and official sea] the day and year last above written.
NuiARY~U~LIIF'TK'i~d-~B? t~e State ol
Washington, residing at
Z
AA-3-07159
THIS LEASE made and entered into this _____~O day
~RA~%~SPORTATION, hereinafter called the "Lessor" and the City of
Bremerton, hereinafter called the "Lessee";
WHEREAS, the land and premises to be leased are not presently
needed exclusively for highway purposes: AND WHEREAS the Department
of Transportation is granted authority to lease property under RCW
~7.12.120: AND WHEREAS, the Lessor and Lessee deem it to be in the
best public interest to enter into this lease;
NOW THEREFORE, in consideration of the terms, conditions,
covenants and performances contained herein, IT IS MUTUALLY AGREED
'PHAT:
The Lessor does hereby lease to the Lessee the premises
described iii Exhibit "A" attached hereto and by this reference
incorporated herein.
TERM. The term of [:his lease shall commence on the date of
execution by the Lessor and shall thereafter be a year to year
tenancy. This lease may be terminated by either the Lessor or the
J
Lessee by giving ninety (90) days written notice of termination to
[]le ether party, in the event that this lease is terminated by the
state for public use or convenience, the Lessee shall not be
entitled to any payment or compensation by reason of such
termination. Furthermore, such leased premises shall not be
considered as part of or as contributing to the use of any
adjoining or other properties owned, used or controlled by the
Lessee in the event such other property or property rights of the
L-~ssee are subject to condemnation subsequent to the execution of
this lease.
The Lessee and the Lessor hereby affirm that upon e×piration
or terminati~u o.., this leas6 for any r ~,,~
e~..oen and ~he subsequent
use of the premises for h~g ~w~ purposes, such ~se for highway
purposes will not be considered the use of any publicly owned land
Zrom a public park, recreation area, or wildlife and waterfowl
refuge within the meaning of 23 U.S.C. ~38 and g9 U.S.C. ~653(f).
Within thirty days of occupancy, Lessee at his expense shall
erect and maintain a permanent sign stating as follows
"This highway right of way provided for your
benefit under an agreement between (Lessee) and the
Washington State Department of Transportation.
That agreement may be terminated if this property
is needed for highway purposes."
USE OF PREMISES. In using these premises, the Lessee shall
comply with all policies and regulations heretofore or hereafter
Lrcmu!gated by the Department of Transportation relative to the
location, operation and maintenance of facilities located on the
property herein described. Direct access ~o ramps or traveled
lanes of limited access highways is not permitted. All
construction plans and any changes thereof are subject to approval
Ly the Lesser and must comply with applicable S
tare and Local
ordinances, regulations and environmental requirements. The use of
said premises s.hall be such that no hazardous or unreasonably
oojectionable smoke, fumes, vapor, odors, or discharge of any kind
shall be permitted 'to rise above the ~rad~ line of the highway
~acllLt~. No use other than parking and landscaping shall be
permittpd without the prior written approval of the Lessor. Signs
where permitted are subject to prior review and approval as
e-~wn~re required in this agreement. The Lessee shall perform or
cause to be performed at his expense all maintenance of the
P~e~zse~ which will include, but net be limited to, keeping the
premLses in good condition, beth as to safety and appearance to the
satisfaction of the Lessor.
T~ES. The Lessee agrees to pay all taxes and assessments
which are assumed by him, if any, and all taxes which may hereafter
become a lien on the interest of the Lessee, and also all taxes
.... o.~e., mpon the lnt~e_.,~ of the
Lessee or by reason of this agreenent.
LESSOR'S APPROVAL OP DESIGN AND CONSTRUCTION. The Lessee
covenants that any improvements to be constructed on the premises
will not at any time during or after construction either damege,
threaten to damage or otherwise adversely affect any part or
element of the highway facility or the operation thereof. The
L~}ssor and the Federal Hi%~hway Administration shall be furnished
with copies of ail plans and specifications and revisions thereto
for all improvements including signs proposed to be placed on the
~}re~ises and no work shall be done without prior written approval
b,' the Lessor and the Federal ' ~ ~
. ~gnway Administration. All
construction work shall be done in conformity 'with the plans and
specifications as approved. The Lessor may take any action
~.~o ~a~l~ necessary, including olrecting that work be temporarily
stepped er that additienal work be done, te insuL-e observation of
t'~e plaas and specifications, protection ef all parts and el. em~.nt.:~
of ~h,; highway ~aci!itv and compliance with Lesser's construction
and safety standards. %'he improvements shall be designed and
constructed in a manner which will permit access to the highway
facility for ~' -
tn~ purpose of ~- -{ -,
ln~ect,.~n, mainte~ance, and
construction when necessary.
LESSOR'S RiGF2 OF ENTRY AND INSPECTION. The Lessor, for
~,s~l~ and for the Federal Highway Administration, reserves the
right to enter upon the premises at any time without notice to the
..' ~"=~ ~o. the purpose of inspection, maintenance, construction or
reconstruction of the highway facility or any element thereof. Any
loss of the use of the leased premises due to the Lessor's exercise
oJ such right will be compensated for solely by pro rata reduction
of rent. The 'Lessor shall in no way be responsible for any
incidental or consequential damages due to such action. The Lessor
and the Federal Highway Administration may from time to time
upon the premises for the purpose of inspecting any excavation~
construction or maintenance work being done by the Lessee. Entry
upon the premises for any other purpose by the Lessor and the
~aeral Highway Administration shall be conducted with reasonable
.~ot~ce ~o t'he Less~'e and during the hours of 8:00 a.m. to 5:00 p.m.
NON-LIABILiTY OF LESSOR. The Lessee shall indemnify and held
the Lessor harmless £rem any and all claims including attorneys
fees, damages, suits, and expenses of whatsoever kind or' nature on
account of injuries to or death of any person or persons and damage
to property arising in whole or in part from the use or occupancy
of the leased premises by the Lessee or the activities conducted
upon the premises by the Lessee, its contractors, subcontractors,
agents, employees and guests and invitees.
The Lessee further agrees to accept and defend all s~ach
claims, damages and suits for injuries te or death of any person or
persons er damage te property arising in wi~ele or in part out ef
l~he use or occupancy ef the leased premises at its own expense in
the name of and en behalf ef the Lessor.
NON-CO}iPLETION OF iMPROVEMENT. Unless the time or times for
completion are extended in writing, the Lessor may, at its option,
terminate this lease if:
a. Construction of the facility is net begun within one year
of the date hereof; and
b. Construction of the facility is not prosecuted to
completion with reasonable observation of a construction
schedule which allows not more than one hundred twenty
days from the start to tNe finish of construction.
Delays prior to and during construction caused by fires,
oarthquakes, acts of God, war or civil disturbances,
demonstrations, strikes, or other interference with labor on the
project by picketing er similar activities, economic controls which
!iake labor or material unavailable, injunctions, restraining orders
er other delays due to iitigatien challenging the validity of this
le~se or related agreements, and similar contingencies shall, for
the number of days as the duration ef such delay, postpone the
hessor's right to terminate this ].ease.
NON-DISCRIMtNATI0~{. The Lessee, for itself, its successors,
and assigns as a part ef the cor:sideration hereof, does hereby
covenant and agree, as a covenant runniP, g with the land, that no
i}erson, on the grounds of race, color, creed, national origin,
P. arital status, age, sex or tile presence of any sensory, mental, or
physical 'handicap shall be excluded from participation ill, be
· den£ed uhe benefit ~ · ~
· - '~, or he otherwise unlawfully subjected to
c~iscrimination In t~,e use of the ~-~'
~lllty now or hereafter on the
premises, that in connection with the construction of any
=,~p..ovem=nhs on said lands and the furnishing of services thereon,
no such discrimination ~hali be practiced in the selection of
employe~s or contractors, or by contractors in the selection and
retention of their subcontractors, that such discrimination shall
not be practiced against the public in their access to and use of
the facility and services provided for public acco~odat ion
constructed or operated on, over, or under the space of the right
of way, and that the Lessee shall use the premises in compliance
wi_th all other requirements imposed pursuant to the Revised Code of
Washington Chapter ~9 60 and Title ~9 ,_~de ef Federal Regulations,
Subtitle A, Office ef the Secretary ef Transportation, Part 21 (~9
C.F.R. %~art 21) , and as said Regulations may be ame~%ded. The
b~each ' ~:
o~ any of the above nondiscrimination Covenants hull be a
material act of de~.~.t entitling the Lessor to terminate this
lease in accordance with the procedures set forth herein.
PROHiBiTiON OF ~e .-~ ~
.,~SIGN~iENP. IT IS AGREED that the Lessee will
net, in whole or in ,-,-~ assign this agreement or sublease the
~rout prior written consent of the Lessor arid the
~ ~--,el~l Highway Administration. Any use or sublease of the site in
whole or in part for conunercia 1 purposes
parking for ~{cal ~ ~ '
~usznesses shall be based on economic rent
payable to the state The Lessor , '~ ~
· .~z== not unreasonably withhold
approval of the assignment of the lease for the parking area
portion of the F~remises by the ~ ~
Bo~tflo~se restaurant
m~Ssee hereby covenants that he is acting as principal for
himself, arld net as an agent for ally tmdisclosed principal.
PSR. IINAT.~ON OR ABANDONMENT. {a) Notice of Default:
At any time after the occurrence efa default or defaults under
this lease and while any such default remains unremedied, the
~ la~ have the option of giving notice ~n writing of its
-~t-,~t~on ho terminate this lease by personal service upon, er by
writt~.~n notice directed to the Less, ea. Such notice of intention to
tesminate shall specifF the default or defaults then outstanding.
h;ai~'e~' or ~cceptance of any default of the terms of this agreement
b}~ the Lessor si:all net operate to release the Lessee of the
z ~s~o~s lb- ±lt~ for any prior or subsequent default. {b)
Termination and Plxtension: After the expi. ration of Thirty (30)
days fr6m the giving of such notice i~l the case of default, if eno
e~; more defaults ees~rLoed in such notice then remains unremedied,
t~lis lease shall terminate without further notice and all right of
~he Lessee shall cease. The Lessor may in writing, an his option,
ext,~,nd the above period, if in the judgment of the Lessor,
extension is justified. {c) Assignment for Benefit of Creditors,
i~solvency, or B~_nkrui!tcy: Appointment ef a receiver to take
possession of the Lessee's assets, the Lessee's general assignment
for benefit ef creditors, or the Lessee's insolvency er taking or
~ufferi[h9 action under ti:e Bankruptcy Act is a breach of this lease
~nd this lease shall ~erminate. (d) ~erformance ~ l~essor: If
the Lessee defaults in the perfo~.~mance or observation of any
covena~it or agreement '~- ' ' ' this
_ con=alneo ill ~ ~'~ "~ the Lessor, without
:iD{ice !r ¢:eemeo i}v the Lessor that ail emergency exists
{endangermenE ef life ,or tile higNway facility or failure of the
....... e= timely to obtain any insurance or to pay any taxes due ms
~resumed te be a~l emergency), may di. rect the Lessee to stop work
and may itself perform or cause to be performed such covenant or
agreement and may ~o
en~,=r upon the premises for such puroose. The
Lessee shall, repay ho the Lesser upon demand the entire cost and
~,xpense of such performance by tile Lesser. Any act or thing done
hy Lessor under the previsions of this Paragraph shall net be er be
construed as a waiver of any agreement or condition herein
contained or the performance thereof. (e) D__i s_~o__s it ion of
~mpr__ovements: Upon termination of this lease under any provision
thereof, the improvements constructed on the leased premises shall
become ~he property of the Lessor or, at the option of the Lessor,
!lay be removed by the I~essee at his expense in a manner prescribed
by th~i~ Lessor. {t) Abandollment: in tile event that it becomes
~p~a~.ent mn the Lesser's se±e judgment ~hat the premises have
ce~.&sed to be used or have been abandoned for a continuous per{od of
.~i:~ty {{50) days, the ]Lessor at its option, shall have the right to
termmnate this lease, provided du~. notice of termination shall be
giver,, the Lessee net less than * ' --w
Lhzzt~ (30) days prior to the
proposed ~- ,' - ~ ,-
~ermlnat~on oate.
NOTICES. Wherever in this lease written netices are to be
given or made, they will be sent by certified mail addressed to the
parties at the address listed below unless a different address
shall be designated in writing and delivered to the other party.
LESSOR: DEPT. OF T~NSPORTATION
LAND ~LANAGEMENT SECTION
P.O. Box 327
Olympia, WA 9850~
LESSEE: City of Bremerton
Office of the Mayor
City Hall - 239 ~th Street
Bremerton, WA 98310
J'O' ~' (~ ,' ,' / Date
,
LeSSee : -(' ' ~f~} ' ------ WASHINGTON STATE,
DEPARTMENT OF TFOINSPORTATION
~- ~. Bv:_
: - S~ate ~ ~ginee~ --
APiROVED AS TO ~'
Asszptant Atao~ney GeneraP-Z
CITY ACKN~WLEDGHENT
CONMISSIONERS OR COUNCIL
STATE OP WASHINGTON )
ss
COUNTY OF ~{ Ii},~]V )
On this ~,? ~F day of ~)}~}~. /~} ~ / before me personally
appealed d~ ~ ~'~_ ,..'t} ~'/~1 a,,?, ~}~q'~z.c hA' ,-. ~'~
to me known to be khe duly elected and qualified Hayor and City
Clerk of the City of Bremerton, Washington, that executed the
within and foregoing instrument and acknowledged said instrument to
be the free and voluntary act and deed of said City, for the uses
and purposes therein mentioned, and each on oath stated that he was
authorized to execute said instrument by resolution of the Mayor
and City Clerk of said City, and that the seal affixed is the
official seal of said City.
GIVEN under my hand and official seal the day and year last above
written.
~otary Public zn and for the State of
Washington, residi~_g at ~ ; ~ L ~ ~ ,.
On this _2~(P day {if }~~e~nown to ' 1~__~ before me personally
appeared A. D. Anireas te ~e the duly appointed State
Design Engineer for the Washington State Department of
Transportation and that he executed the within and foregoing
instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said State of Washington, for the uses
and ~ urposes therein set forth, and on oath states that he was
authorized to execune said instrument.
iN WITNESS WHEREOF, I have hereto set~y hand and affixed my
offL~:iai seal the ~ day of .... , ~97~
NoCary PubiSc in aha for-~at~f
Was in~ton, residing
at
I.C. ~3-I-02400
AA-3-07159
AIRSPACE SUBLEASE
THIS LEASE, subject to approval by the Secretary, Washington State Depart-
ment of Transportation, made and entered into this~o day of ~[M~(~ ,
19-~, between the CITY OF BR~RTON, hereinafter called the "Lessor" and
BRIAN BUSKIRK, hereinafter called the "Lessee";
WBEREAS, the land and premises to be leased are not presently needed ex-
clusively for highway purposes AND WHEREAS, the Lessor and Lessee deem it to be
in the best public interest to enter into thise lease;
Nt~. THEREFORE, in consideration of the terms, conditions, covenants and
perfor~mces contained herein, IT IS MUTUALLY AGREED TtIAT:
The Lessor, subject to approval by the Secretary, Washington State Depart-
ment of Transportation, does hereby lease to the Lessee the premises described
in Exhibit "A" attached hereto and by this reference incorporated herein.
TERM. The term of this lease shall commence on the date of execution by
the Lessor and shall thereafter be a year to year tenancy. This lease may be
terminated by either the Lessor or the Lessee by giving ninety (90) days written
notice of termination to the other party. In the event that this lease is ter-
minated by the City for public use or convenieince, the Lessee shall not be
entitiled to any payment or compensation by reason of such termination. Pro-
vided, that the Lessee shall be entitled to a return of rental payment based
upon rent paid beyond the effective cancellation date. Furthermore, such
leased premises shall not be considered as part of or as contributing to the
use of any adjoining or other properties owned, used or controlled by the Lessee
in the event such other property or property rights of the Lessee are subject
to condem~mtion subsequent to the execution of this lease.
RENT. R~nt for the premises shall be paid Lessor annually, on the first
day of ~ at the rate of two hundred forty dollars ($240.00)
for each annual period plus 12% Washington State Leasehold Excise Tax when
applicable, during the entire term of this lease payable at the address desig-
nated by the Lessor.
USE OF PRAISES. In using these premises, Lessee shall con,ply with all
policies and regulations heretofore or hereafter promulgated by the CITY OF
BR~ERTON relative to the location, operation andmaintenance of facilities
located on the property herein described. Direct access to ramps or traveled
lanes of limited access highways is not permitted. All construction plans
and any chan~es thereof are subject to approval by the Lessor and must comply
with applicable State and Local ordinances~ regulations and environmental
requirements. The use of said premises shall be such that no hazardous or tun-
reasonably objectionable smoke, fumes, vapor, odors, or discharge of any kind
rise above the grade line of the highway facility. No other use than customer
parking of automobiles shall be permitted without the prior approval of the Lessor.
Signs where permitted are subject to prior review and approval as elsewhere
required in this agreement. The Lessee shall perform or cause to be performed
at his expense all maintenance of the premises which will include, but not be
limited to, keeping the premises in good condition, both as to safety and
appearance to the satisfaction of the Lessor.
TAXES. The Lessee agrees to pay all taxes and assessments which are ~
assumed by him, if any, and all taxes which may hereafter become a lien on the
interest of the Lessee, and also all taxes which may hereafter be levied or
imposed upon the interest of the Lessee or by reason of this agreement.
LESSOR'S APPROVAL OF DESIGN AND CONSTRUCTION. Lessee covenants that any
improvements to be constructed on the premises will not at any time during
or after construction either damage, threaten to damage or otherwise adversely
affect any part or element of the highway facility or the operation thereof.
Lessor and the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION shall be furnished
with copies of all plans and specifications and revisions thereto for all
improvements including signs proposed to be placed on the premises, and no
work shall be done without prior Lessor and WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION approval. All construction work shall be done in 6onformity
with the plans and specifications as approved. Lessor may take any action reason-
ably necessary, including directing that work be temporarily stepped or that
additional work be done, to insure observation of the plans and specifications,
protection of all parts and elements of the highway facility and compliance
with Lessor's construction and safety standards. The improvements shall be de-
signed and constructed in a manner which will permit access to the highway
facility for the purpose of inspection, maintenance, and construction when
necessary.
-2-
LESSOR'S RIGHT OF ENTRY AND INSPECTION. The Lessor, for itself and for
the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, reserves the right to enter
upon the premises at any time without notice to the Lessee for the purpose of
inspection, maintenance, construction or reconstruction of the highway facility
or any element thereof. Any loss of the use of the leased premises due to
Lessor's exercise of such right will be compensated for solely by pro rata
reduction of rent. Lessor shall in no way be responsible for any incidental
or consequential damages due to such action. Lessor and the WASHINGTON STATE
DEPARTM£ENT OF TRANSPORTATION may from time to time go upon the premises for the
purp~be of inspecting any excavation, construction or maintenance work being
done by the Lessee. Entry upon the premises for any other purpose by the Lessor
and the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION shall be conducted with
reasonable notice to the Lessee and during the hours of 8:00 a.m. to 5:00 p.m.
INSURANCE. At his sole cost and expense, the Lessee shall keep the premises
and the improvements thereon continuously insured throughout the term of this
lease against claims for personal injury or property damage under a policy or
policies of general public liability insurance with limits of at least $100,000
for bodily injury to one or more persons and $50,000 for property damage.
Lessor, may, not more frequently than at three year intervals, require that
the above coverage be increased in such reasonable amounts as may be specified
by Lessor. The insurance policies called for by this paragraph shall name
Lessor as one of the insured thereon, and copies of all such policies shall
be delivered to Lessor. Such policies shall not be cancelable except on
thirty (30) days notice to Lessor.
NON-LIABILITY OF LESSOR. The lessee shall indemnify and hold the lessor
harmless from any and all claims including attorney's fees, damages, suits,
and expenses of whatsoever kind of nature on account of injuries to or death
of any person or persons and dmage to property arising in whole or in part
from the use or occupancy of the leased premises by the lessee or the activities
conducted upon the premises by the lessee, its contractors, subcontractors,
agents, employees and guests and invitees.
Lessee further agrees to accept and defend all such claims, damages and
suits for injuries to or death of any person or persons or damage to property
arising in whole or in part out of the use or occupancy of the leased premises
at its own expense in the name of and on behalf of the lessor.
-3--
NON-DISCRI~INATION. Lessee, for itself, its successors and assigns as
a part of the consideration hereof, does hereby covenant and agree, as a covenant
running with the land, that no person, on the Erounds of race, color, creed,
national origin, m~=ital status, aEe, sex or the presence of any sensory, men-
tal or physical handicap shall be excluded from participation in, be denied
the benefits of, or be othe~,ise unlawfully subjected to discrimination and the
use of the facility now or hereafter on the premises, that in connection with
the construction of any improvements on said lands and the furnishin~ of serices
thereon, no such discrimination shall be practiced in the selection of employees
or contractors, or by contractors in the selection and retention of their sub-
contractors, that such discrimination shall not be practiced against the public
in their access to and use of the facility and services provided for public
accommodation constructed or operated on, over, or under the space of the right
of way, and that the Lessee shall use the premises in compliance with all other
requirements imposed pursuant to the Ordinances of the CITY OF BRENERTON, Revised
Code of Washing~n Chapter 49.60 and Title 49, Code of Federal Regulations,
Subtitle A~ Office of the Secretary of Transportation, Part 21 (49 CFR Part 21),
and as said Regulations may be amended. The breach of any of the above non-
discrimination covenants shall be a material act of default entitling the Lessor
to terminate this lease in accordance with the procedures set forth herein.
PROHIBITION OF ASSIG~NT. IT IS AGREED that the Lessee will not, in whole
or in part, assign this agreement or sublease the premises without prior written
consent ofthe Lessor and the Federal Highway Administration.
Lessee hereby covenants that he is acting as principal for himself, and not
as an agent for any ~mdisclosed principal.
DEFAULT, T~INATION OR ABAND0~ENT. (a) Notice of Default: At any time
after the occurence of a defa~lt or defaults under this lease and while any such
default remains unremedied, Lessor shall have the option to give notice in writing
of its intention to terminate this lease by personal service upon, or by written
notice directed to the Lessee. Such notice of intention to terminate shall
specify the default or defaults then outstanding. Waiver or acceptance of any
default of the terms of this aEreement by Lessor shall not operate to release
the Lessee of the responsibility for any prior or subsequent default.
(b) Termination and Extension: After the expiration of thirty (30) days from
-4-
the giving of such notice in the case of default, if one or more defaults de-
scribed in such notice then remains unremedied, this lease shall terminate
without further notice and all right of the Lessee shall cease. The Lessor
may, at his option, extend the above period, if in the judgement of the Lessor,
an extention is Justified. (c) Assignment for Benefit of Creditors, Insolvency,
or Bankruptcy: Appointment of a receiver to take possession of Lessee's assets,
Lessee's general assignment for benefit of creditors, or Lessee's insolvency
or taking or suffering action under the Bankrupt~-y Act is a breach of this
lease and this lease shall terminate. (c) Performance by Lessor: If Lessee
defaults in the performance or observation of any covanant or agreement contained
in this lease, Lessor, without notice if deemed by Lessor that an emergency
exists (endangerment of life or the highway facility or failure of Lessee timely
to obtain any insurance or to pay any taxes due is presumed to be an emergency),
may direct the Lessee to stop work and/or may itself perform or cause to be per-
formed such covenant or agreement and may enter upon the premises for such pur-
pose. Lessee shall repay to Lessor upon demand the entrie cost and expense of
such performance by Lessor, any act or thing done by Lessor under the provisions
of this Paragraph shall not be or be construed as a waiver of any agreement or
condition herein contained or the performance thereof. (e) Disposition of
Improvements: Upon termination of this lease under any provision thereof, the
irmprewements constructed on the leased premises shall become the property of
the Lessor or, at the option of the Lessor, may be removed by the Lessee at
his expense in a manner prescribed by the Lessor. (f) Abandonment: In the
event that it becomes apparent Sn the Lessor's sole judgment that the premises
have ceased to be used or have been abandoned for a continuous period of
sixty (60) days, the Lessor at its option, shall have the right to terminate
this lease, provided due notice of termination shall be given the Lessee not less
than thirty (30) days prior to the proposed termination date.
NOTICES. V~nerever in this lease written notices are to be given or made,
they will be sent by certified mail addressed to the parties at the address
listed below unless a different address shall be designated in writing and delivered
to Lessor, by the Lessee.
LESSOR: CITY OF BRE~TON
CITY CLERK'S OFFICE
239 4TH ST.
BREMERTON, WA 98310
LESSEE: BRIAN BUSKIRK
1305 CAMPBELL WAY
BR~TON, WA 98310
Attest:
KATHLEEN L. NANDIO, City Clerk
Approved As To Form:
ASSISTANT ~TY ATTORNEY
WASHINGTON STATE DEPARTIIENT OF
TRANSPORTATION
APPROVED SECRETARY WASHINGTON
STATE DEPAR~N~ENT OF TRANSPORTATION
Date
-6-
INDIVIDUAL ACKNOWLEDGN[ENT
STATE OF WASHINGTON )
SS
COUNTY OF KITSAP )
On this 13th day of March, 1979 before me personally appeared
Glenu K. Jarstad and Kathleen L. Mandio tO me known to be the individual
described in and who executed t~foregoing instrument, and acknowledged that
they signed and sealed the same as
their free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal the day and year last above written.
Notary Public iK and for the St~t~-~
Washington, residing at ~
STATE AGENCY ACKNOWLEDGMENT
STATE OF WASHINGTON )
SS
COUNTY OF )
On this day of , 19 before me personally appeared
to me known to--~e the duly appointed
for the
and that he executed the within and fore-
goin~ instrument and acknowledged the said instrument to be the free and volun-
tary act and deed of said , for the uses and purposes
therein set forth, and on oath states that he was authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day of , 19
Notary Public in and for the State of
Washington, residing at
INDIVIDUAL ACKNOWLEDGMENT
STATE OF WASHINCTON )
) SS
COUNTY OF KITSAP )
On this __ day of , 1979, before me personally appeared
to me known to be the individual
described in and who executed the foregoing instrument, and acknowledged that
signed and sealed the same as
free and voluntary act and deed, for the purposes therein
mentioned.
GIVEN under my hand and official seal the day and year last above written.
NOTARY FUDLIU in and tor the 5rate ot
Washington~ residing at
LFJ~S ~ AGR~EME~?
THIS LEASE, ~de and enterea into thi~ f~ day of
1979, ~etween BRI~ W. BUSKIRK, herelnaftez called the ~s~or, and
BRETT ~YFIEL~. hereinafter called the ~ssee:
1. PRAISES: Th~ ~ssor d~s hereby lease to the ~ssee, and
~ssee does hereDy lease ~rom Lessor, those cer~n pre~ses
kno~, as the BR~ER~K B~T S~VXCE, ~1 S~re ~ive, Br~erton,
Kitsa~ Co~ty, Washlngton, and the ~ ~STA~T, ~1 Shore
Drive, Sremerton, Kitsap ~y, ~mshi~gton, end ~re ~rticularly
descried as follows:
Parcel (A)
ir. vOl~e 1 of plata. ~ge 67, i~ Kitsap ~ty. WashlNt~:
~E~ WITH second class tidela~s ~djoiuin~ lyin~
the ~dar)' lines ther~f extented: ~C~ the
portion t~reof.
B~inning et a ~int of 56 feet west of t~ northwest ~r~
of lot 1. said block 9. on the south li~ al ~legraph Av~u~
(no.' East Eleventh Street) protuc~: the~ vest slow' salt
produced south mar~in 79 f~t: t~n~ south~sterl)- toll~in~
the li.e of Iow tiie to an in~rs~io~ with t~ s~t~ li~
of the dock approach as It txis~ l~St '1~. 1920;
along said l~ne of the dxk approach in t northeasterly
dzrection to the ~i~t of ~innino.
~arcel
?~['~ ~ITH second class tidela.is 6escri~ a~ foll~s:
~innin~ at the ~orthwest ~rner of lot 1, said block 9:
thence followin9 the south line of ~legraph Avenue {now
East Eleventh Street) produced west. 56 feet: thence north.-
easterly 44 feet to an intersection with the ~ander line:
thence southeasterly along said meander l~ne to the
of begl nnl~q.
Parcel (C)
Lots ; an~ 3, block 9, To~ of Decatur, ~c~riing to plat
recorded :r, vo]=~.e 1 of Platf, page 67. in iitsip
~;ashington:
~GETHEE W/TH tidelands of the second class adjoinin~ to
the li~e of mean lo~' tide.
~'ar cel (D}
A, i. an~ C which at%ached my operat=on of law, (Bremerton
C1%y resolution ~1710].
purpose of conductmn~ tberexn a restauran%, storage, gas amd
EXHIBIT "A"
....... .= Er,: o:h-~.- reiare6 act~vit~e.- an6 fo: nc other Duslness
o: pu~p:s~, w:~o~t th! prior wrltte~ consent o! ~sso:.
;es~e~ !h~ except whet. prevented O)- practical xm~ssibil~t)',
Oeeoratxn~. kee! the pr~ses o~r. for business d~ing ~11
an6 hours for suck bus~nes~ as are usual zE the v~cxnity. ~sse~
snal! maanta~r, adequate personnel for the efficient servxce of
xt~ customera. ~ssee shall employ lt~ ~st jua~nt a~O efforts
=c opereu~ ar. a manner ~alculate~ to ~uce the ~xim~ obtain-
able vd~ume of gros~
3. TE~ Of LEASE: ~e initial ~e~ of thxs lease shall ~ for
a five year peri~ an6 It s~ll c~n~ on t~ 1st ~ay of ~rch,
1979, and end on the 1st aay of ~rch, 1984, Xnclusive.
The Lessee shall have the right ~ exten~ this ~ease for a
period of ten years ~yond the initial ~
4. OPTION ~ PURC~E: S~ul~ the ~ssor ~es~ ~ ~ell the
property whlch is the subject of th~s 'lease, ~s ~ia~ (~1) '"'
s~ll have the ~irst option to p~e~se ~ld ~rmsesJ ~-'~ssor'.g- '
· ~iate ~amil), ts define~ as his s~use, rather, brot~rs ~
their chilOren an~ spouses.
A~ an aO~itJonal te~ o( this l~se a~reement, ~n~itioneO
upon the Lessee not ~in~ in Oefmult hereunder, t~ ~ssee shall
~ve the seconO optlon to purchase t~ pr~lse~ s~ld the ~ssor
Oes~re to sell saiO pro~rty. ~c~l~ly, If t~ ~s~r desires
effect u~n the ~ssee s~ating t~ p~C~se price a~ the te~ of
sal~. The Lessee shall have the se~ right to p~chase
pro~rty. Xn accordan~ with the te~.a~ co~itlO~l~ta~ in th~
offer, by_acknowledging its accep - t n t t ay ' fter :-:-..? .<-'::
receipt o~ the offer to sell. In ~e~ t~'~'~ S~'ll' fail
or refuse to purchase t~ premises, -the'~ssor shall ~ free to
sell Lhe propert~ to anyone, provid~ t~ '~ssee Shall ~ave the
r~ght ~o purchase said premises at the p~i~ an6 on.he same term
and conditions tha~ ~ny other person is ~illing to mke. ~he Lessee
~ay exercise his option to purchase said premises on the a~e ~e~
~n~ conditions ~s offered by anyone else, ~ ~ivin~ ~ritten notice
tc the ~ssvr a~ any ti~ within thi~y ~yi ~fter receipt of the
purchase price ~nd te~s of the sale to ~y other ~rson. ~ere-
after, the Lessor ~nd ~ssee shall en~r into t contrao~ of sale
and title will close ~ithin a reasonable ti~e.
5. RENZ: Lessee covenants and agrees to pay ~sor a~ rental
the amount of S2,000.0C on or before March 1, ~9~9. Thereafter, on
April 1, 1979, and ~ay 1, 1979, the ~ssee ~venants and agrees to
bay Lessor as rental for sai~ premises a ~nthly rental of $2,000.00
per month. The Lessee shall have ~ grace ~ri~ of ten days in
whict. ~o effect payment.
Thereafter, the rental pa}w~ent is subject to the provi~ions
of ~aragrapf: 2~ of this lease.
6. ~AREHOUSL: The leased premlse~ cor~ta~r, a warehouse whicL
~s currer,~iy used as boa: storage. It is understoo~ and aGree~ that
upor. three months wr~tter, notice, the Lessor shall have the
ta utl212~ t~e ~'arehouse ir. any manner he 6eem~ suitabl{, so lon-c
warehouse ~he Lessee'~ tens shall ~e reduced by the percentage
~ ~o~ reven~ [ro~ the warehouse ~ears c~ the gross revenue
9e~eyated ~' other bue~ness conducted by the ~essee on the premises.
Lessee agrees not tc. comp~ts, e~ther zndlvldually, in partner-
sh~ o~ 2~ a stockholder of a corporatxor,, as a restau~&nteur ~n
the aforement:oned warehouse duran~ the ter~: of this lease or any
/ extensions hereof.
.. UTILITIES, TAXE~, FEES AND~R~$~MENTf: Lessee hereby
covenants and agrees to pay all charges against the leased premises
durin~ full term of this lease for public utilities, ~ncludin~ but
not limited to, electricity, fuel, gas en~ water used in the oper-
ation of the premises covered by the lease.
All fees due the city, county, or state on account of any
:nspectlon made on said leased premises b~ any officer thereof,
shall be paid by Lessee. ~n the event t~at, during the term, of
this lease, any state or municipal authority should impose any
excise, license, business, income, sales or other tax not in effect
at the date this lease is si~ned (or increase the rate of any such
tax then in effect), whereby-t~e rentals 4~e here~er ~ ~-
able or become the measure of the tax, in w~ole or in part. t~en
Lessor at his option may require Lessee to pay the amount ~f such
tax (or increased tax) resulting fro~ lease rentals here~er-~d
the same shall be payable as additional rental, quarterly or annually
as Lessor may elect.
During the term of this lease. %he Lessor shall beresponsible
for all real property taxes in effect as Of l~arch 1. 1979. Any
Increase in real property taxes shall he horns by the Lessee.
$. CARE OF TM£ PREMISES: ~essor ~hall not be called upon %c
make any improvement or :repa~=_~f any ki~ ~pen said premises and
said premises .shall at &]~ %~s ~e kept &~ used in accordance
with %he laws of the State of ~ashi~gton &~ ordinances of the City
of Bremerton, and in accordance w/th all'41rections, rules and regu-
lations of the Health Officer. Fi~e Marshal. Building Inspector, or
other proper officer of the CitF in whl¢~ tbs premises are located,
at the so]e cost and expense of said Lessee; and Lessee shall per-
n,it no waste, damage or in~ttry to the pr*miees, and at Lessee's o~
cost and expense will keep all ~rainape ~ipes free and open and will
~,rotect water, heatinc and other pipes so that they will not freeze
or become clogged, an~ will repair all ~eaks, and will al~o repair
all damages caused by leaks or by reason of Lessee's failure to
protect and keep free any of the pipes and plumbin~ on said premises.
A~ the ~erminat~on of this lease the leased premises shal~ be deli¥-
{red to Lessor broom clean.
Lessee shall not b e responsible for remedying any violation of
the laws of th6 State of Washincton, ordinances of the City of
5remer~on or any rules and reguiations of the Health Officer. Fire
~;arsha!, Building Inspector or other proper officer of the City of
B~eme~ton in existence at the time Lessee assumes possession of
%ne leased premises. If Lessee is called upon to remedy any such
violations, tb~ Lessee shall be entitled to deduct the cost of suck
tamed=al action from his monthly rental payment up9n proper proof
of payment.
9. ACCIDENT£ - LIABILITY: Lessee agrees to inde~if¥ and hold
Lessor harmless from any liability or expense including co~t of
defense anf attorney's fees from all demands, claims, causes of
action or jud97nents, and all reasonable expenses incurred in inves-
tigating or res=sting the same, for injury to person, loss of life,
co~ton areas of%h~ building an6 either arising out of Lessee's use
and occupancy, or 0ua to the neglect of Lessee, it~' officers,
agenLs or employees. Lessor shall not b~ liable to the Lessee, its
empioyeea, a~eDus representatives or customers for damages arising
ou= of or ~ an~' we~- connec=ed with the bursting, leakage or obs~uc-
~o~ o~ ~a~e: ~a~ or stea~, pipes or plumbing, ~ncluain~ gas,
s=ea~ a~a e~e~=r~= ~es, coils and wires o~ the premises ~e~, or
other parts 0£ tam build~n~ an6 approaches, under the control of
the Lessor o: zn tbs water, ga~ or steam pipes, electric
equipment, appliances of the build~n~s~ stairways and railings used
b). the L~$see a~ound or about said building, unless the Lessor )ms
actua~ knowiedge of the de~ect &nd has bed a reasonable o~portunity
to correct tbs
~£. ~PAIRS: ~xcept for the pre-exiatin~ violations noted
i__p~_~rap~. ~. above ~he pr~ses are &~cepted by ~ess~e ~n their
.~=n~.conolt~on, and Lessee will at ell times keep the prem/ses
~-~, c=ean anc in a Sanitary condition. Sub3ect tO ~ar&graph~9,
the ~essor shall maintain outside wal~s, roof m~d fo~n~ation end -
~ssee snell at az1 tlMs keep tb glass of all ~nd~s and d~'-7
AeC or oroAen eric MAe ot~r re~rs ~ rain.in t~
premises in as g~d e re, ir as t~y ~ ~e or my ~r~f~r ~
put to: ~ ~ssee,s~ll fail to keep an~ ~rese~e t~ praises ~n
said condition aha state of re~ir t~ ~smor MY fit ~is Option p~t
or cause the s~e to ~ put
into the ~ndttion a~ s~te of re~lr
agreed u~n, and in such case t~ ~ssee;' on ~eM~, shall ~y the
~sts thereof. ~ssee agrees t~t at t~ e~iration of this lease
to quit and surrender t~ said praises wit~t ~tJ~.
11. ~TE~TIONS: ~ssee S~ll not ~ke an~'~ration,
of ~ssor in writing, eno all alterationS, aiditl~'a~ i~row-
ments which shall be ~de, shall ~ at the ~o19 ~ ~n~ e~ense of
~s&ee, an~ shall ~come the pro~rty of the ~S~or, mud
re~in ir. and be surrendere~ with the pr~ses es a ~rt ther~f
at the %erm~nation of this lease without distur~nce, molestation
or i~3ury. All keys to property of ~ssor sha~l l~kew~se ~ s~-' ~'.
rendered to Lessor b)' Lessee. '~
5pon termination of this lease ~ssee shall have the ~igh~-tO
~ace~ there~ bF Lessee which =a~ be re~ve~ without m~terial ~n~urF
of sa~ ~roper~ or i~ems at the torminat~o~ of tenancy ~h~11 ~
re~re~ by L~ssee to the ~ati~fac~ion of ~ssor, an~ if not
make ~uck re~air~ as are ~eces~ary an~ cause~ by ~a~ zemo~al.
lessee ~hal~ be liable ~o Lessor for the cost~ of sai~
~ses the k. uslness for which said premises ar~ leased, and shall not
use the premises for illegal purposes.
13. L~ENS: Lessee shall keep the leased ~rem~ses and the
property ~r. which %he leased premises are situated free fr~, any
x:ens ar:s~ng out of any work performed, m~%er:a]~ furnlshed or
!4. ~ANKRUPTCY AN[ INSOLVENCY: In the even% the Lessee
ccme~ :nsc. lven%, or the sub3ec% of any petitlon, e~ther voluD%arF or
· nvolunuary, fhie~ under any provisions of'the ~nkru~tcy Act, or if
- 4 -
a rece:ver, assignee, or other ligu~datln~ officer ~E appolnted for
the business of tee Lessee, then, Lessor, at h~s option, may
na%s th:s lease without notzce and may take absolute possessxon of
the pram:sss, ~ogether with an}' improvemants and fixtures there~n,
and may do se without having waived any right to the rental provided
for herein.
.-. ASSIGNMENT: This lease shall not be ass=gnable in whole
or in part nor shall the whole or ~rt thereof be sublet without
tee written consent of the basset first obtained and in any event
ween dSne with written consent no such assignment or subletting
shall relieve the Lessee fro~ the continuing obligation to ~erforn.
all cf the terms, covenants &n~ ~ondttions thereof. This lease
shall not be assignable by s~eration of law. ~f consent is once
given by the Lessor to the leasing, subleasinG or assignment of
thls lease or any interest therein, the Lessor shall not be barred
from afterwards refusing to consent to further letting, subletting
or assignment. Lessor shall not withold consent unreasonablF.
16. INSURANCE: Subject to the prov/s~$n$ of ~aragreph 28,
Lessor. at his sole expense, shall maintain..~uri~g the first three
months of this Lease. Insurance coverage'~or the ~ul! inst~r~le
value of the property with proceeds ~ayable to tbs ~essor.
again subject to the provisions of paragraph 2~.-the Lessor
insure and be responsible for insurance on ,1~ personal
maintained on the premises during the fight ~ee ~onths of t~is
lease. Further, and again subject to the ~rovistons of par&graph
28. the Lessor. at his sole expense, shallduring the first three
months of this lease, maintain ~ublic liability insurance ~or the
business operation with limits of sot less than $100,000.O0 eot
death and injury to one person end $~00.O00.00 ~or deaths or inJu-
r:es of more than one perso~ and $25,000.00 for damage to property
of others.
17. INSURANCE RATES: 'I{ ~he rates Of insurance chargeable
to Lessor become subject to increase through any act of Lessee, its
servants or employees, on der2nd by L~ssor, payment shall be ~de
by Lessee to Lessor of the amount of such liability for increase
in the insurance rate based on the insurable value of the buildin~
and co,tents.
1E. ACCESS: Lessee ~ill allow the Lessor, or a~ents of Lessor,
free access at all reasonable times to said premises for the purpose
of inspection or of making repairs, additions or alterations to the
~,ren. ises or any property owne~ by or under the control of Lessor,
but thil right shall not be construed ~s an agreement on the part
of Lessor to make any repairs.
19. ~IR5 AN~ CASUALTY: In the event the premises are destroye~
by fire, earthquake, or other casualtt to such an extent as to render
ti, e same untenantable in whole or in a substantial part thereof, it
s?,~]i be optional with Lessor to rebuild or repair the same: anti
after the happen~nq of any such contingency, the Lessee shall give
the Lessor i~aediate notice thereof. The Lessor shall have sixty..
(60) days after date of such notification, tc notify the Lessee in
writing of Lessor's intentions to rebuild or repair said premises,
or the part so ~amaged as aforesaid, and if Lessor elects to re-
build or repair said premises, the Lessor shall prosecute the work
~f such rebuildin~ or repairing without unnecessary de]ay, an6 dur-
~n~ suc?. perio~ the rent of said premises shall be abated in the
~a~.e ratio that that portion of the premises rendered for the time
~e:n~ unfit for occupancy shall bear to the whole of the leased
.~.-em:se.:. Zf t:~e Lessor sh;i*, f~X'.; 'co give the notice
Lessee s.%~:* r, av-- th.~ ripht to, declare ~h;,s lease terminated by
wr::ter no: c-, sarved upon the esso.-, unless essor notifies
Les.cee w:thzr thr:ty (3el days after recezv~n9 such not/ce that
Lesser will procee~ %o repazr or rebuild.
Ir. the even% ~he Du~ldlng ~n which the Dr~ses hereby l~sed
are ~oca~ed shall me destroyed or ~ge6 by fire, eart~uake
other casualty (even %houoh ~he ~remises here~ leased m~ll not
De damaged thereby)
served or. Lesse~ ~*ithin sixty (60) days after ~uch detention or
danmges.
2[ . EMINEN~ D~IN:
. . A. ~otal Cond~at~. If all of t~ l~s~ ~o~rty
snal~ ~. ~uired or cond~d ~ ~nent d~ln for any ~uh~
qu~s~-pu~lc use or p~se then t~ te~ of th~s
B. Part/al Con~-mPattOn. If any ~rt of t~ ]~s~ ·
property shall be a~uireo or conde~ ~ ~lnent d~n ~or an
_=~ ~no~z cease a~.temi~ate as Of t~ date title Or
· fore~entioned occ~rence, the ~ssee ~s the
extensiv~ enough to ~enOer the 1~ ~rty unsuitable tor t~
business of ~ssee, the ~ssor s~ll'~tly res~ ~ leased
property to a condition com~rable ~ its ~nditi~ at the ti~
of such conde~.ation, tes~ the ~rtio~ loat in taking, and thi~
lease shall continue i~ force and effect. ~t, ~ci~ on the
6~%e on ~hich the ~ssee is deprive~ ~f .the d~ise pr~se or a~
portion of the leaa~ propert~ rent s~ll ~ pro~rliO~atell
reduced to the extent ~see is deprived of such use and damage
thereby. As with total coDdem~,ation, all conde~ation awards ir.
a partial condenunation shall ~ t~ property of the ~ssor.
Nc, th~nq ~n this paragraph shall ~ construed to deny to the
iassee the right to pursue the condemnor for damages, for loss of
Dusinesf. inZerruption of Lessee's business and for moving e~enses..
21. TITLE: Lessor warrants that i% ~s good sufficient title
~c the pren,lses and all of the real pro~rty r~ferred ~o herein
~,ake and enter into this lease and ~arrants that Lessee ~urino the
~er~ of this lease shall have the full and quiet enjo~ent of'the
leased premises except for removal due to ~,inent d~main proceedings.
22. NOTICES: ~y not~c~ required or pe~,itted by any clause
of this lease shall ~ deemed Given if reduce~ tc writinG and
deposited ir. the United States mails, postage prepaid, by either
r~lstered or certified mail: and if ~o be git'eh Lessor, may ~
aoare~sed %c ~ssor at 1305, C~p~ll ~ay, Bremerton, Washington
9E3]{. or if to be c;ven Lessee, may be addressed to Lessee at the
2tcse~ pre~,~ses whether or not Lessee has departed from, a~ndoned
or %'acs%ed the leased pres:sas or at any address provided to Lessor
D}* Lessee an writing upon departure.
- 6 -
':. ~KFX~:C k~: ~E-~NT~Y:*..: an~'. o~ the rent~ above reserved.
~: ~':' ~ar~ tr, ere¢.f, or other same owznG, shall be and Fe~in unpaid
wr, e: :n~ sa~.,{ are due. or ~f Lessee sAall violate or default in any
~:f ~n~ cove~a~=~ and agreements here~n contained, then L~ssor ma}'
-~ ~ om:~or, and w:thou; prejudice to any other rights or remedies
Less~: m~y ~ave under law, cance~ this lease by Gi¥in~ Lessee notice
~r. wr~n¢. Upor. g~v~no such notice Lessor shall have the right
~,ed~ate~v tc re-enter said premises in accordance with the law,
~r. uslnc, suck force ,=-. is necessary to evict ~essee or Lessee's
~roper;}- {wlthou: llability of any kind for so ~oing); and notwith-
s~andlf~ suck re-entry by ~essor, the liability of the Lessee for
:ns ren~ proYaded for herein shall not be extinguished; and Lessee
covenants and agrees to pay ~esaor an~ deficiency arising from a
re-entry and reletting of the premises at · lesser rental than
hereln agreed ~o. Lessee consents to such reletting and agrees to
pa}' such def~clency each month as the ~aount thereof is ascertained
Dy the Lessor, ir. the event the premises ~eased hereby are used
for an}- illegal activity or conduct which ts violative of any
ordinance or rule of any public authority, ~eaaee agrees t'hat ;~essor
ma}' ~r~,edlately cancel this lease, re-en~eN ~he premises, a-~ take
possession of same without waiver of any rents owing hereunder.
The above paragraph is subject ~o the con4ition that %he Lessee
shall have sixty (60) days to cure all defaults except for aelinquent
rental payments.
24. COSTS AND ATTORNEYS FE~g: If b~ reason of any d~fault
on the part of Lessee, in the ~rformance of any of the provisions
of it,s lease, ~t becomes necessar~ for Lessor to employ an attorney,
then Lessee aqrees to pay all costs, expenses, and attorney's fees
expensed or incurred by Lessor in connection therewith.
'Jr. WAIVER: No delay or omission ~)~ either ~arty hereto %o
exerc:se any r~Ght or ~ower accruing u~on an~ non-compliance or
defau]~ by the other part~ w~th respect ~o an~ of the terms hereof
shall impair any such right or power or ~e'construed to be ~iver
thereof. Subject to the provisions of ~his ~aragraph, e~erF such
r~G~% and power may be exercised at an~ time during %he continuance
of. suck default. It is furhter aGree~ that a waiver by either of
the parties hereto of any other covenants and agreements hereof
t~ be performed by the other shall not he construed %o be a w~iver
cf. an~' succeed~n~ breach thereof or of any covenants or agreements
~,ere~r contained.
2'£. HOLDOVERS: Any holding over after the expiration of said
~erm, wit~ the consen~ of the Lessor, shall be for an indefinite
per~od of time on a month to ~,onth basi~, which tenancy may be
~_r~ .... c_e~ ~s pro%'~ded by %he laws of the State of Washington and
durlnq sucf~ tenancy the Lessee agrees to pay to %he Lessor the
3. ame rate of rental c~-. set forth here~n and agrees ~o be boun~ by
ail of the terms, covenants and conditions as herein specified,
~. HIiRS ANY. ASSIGNS: This lease supersedes and cancels all
?r:Or_ cr&l or ~ri%ten agreements, co~enants or conditions. Subject
%¢ t~,~.','-¢v-~ons' ~ ·. ' 'ne,~o.-- ~ pertainin~ tc assignment and subletting,
~f,f c3',ensn~ an5 agreed, ants of th:s ]ease shall be. binding upon
%he ~(zrs, legal representatives, successors and permitted assigns
cf an}~ and ali of the part,es heretc.
25. AL?'£F.E[ TERF~S: The terms of this lease wftk regard tc
rental payments, %axe~ and insurance shall be altered on June i,
- 7 -
cf each calendar month cf the rema~nzn~ lease ter~ as rental for
s~d prem=ses monthly rental of $i.500.0~ per month, or seven
percent (7~) of the gross sales or income per Month, whichever is
T[,e tern. ~ross sales as used herein shall include the sale
price of all merchandise sold ar~ s--~ received for services ~er-
iormed from, in or about the leased premises by Lessee, another or
others, whether for cash or credit; also the total receipts from
ali other business conducted fro~, in or about the leased ~remises,
provided, however, any sales tax which is required by law to be
added to the retail sale price an~ collected by Lessee from
customers for the benefit of the Stmte, Federal or M~nici~al
Government shall be excluded.
Lessee agrees to ~eliver to Lessor o~ or before the f~rst
day of each calendar Month, at the ~le~e ~xed for ~a~ment of
rental, a report showing the¢otal a~t of gross sales or ~ncome
2n the precedln? calendar month. Lessee elsa agrees to
an accountzng system wherein api)e~rcle~r, complete a~d 6etailed
records of all business done fram i~, or about the leased premises,
whether by tenants or another or others; and Lessee agrees to
afford the Lessor and his agents, at reasonable int~rvals at any
and all tlmes during the usual busiaess ho~Lrs, ins~ction of all
beaks, records and accounts of Lessee showing gross sales from all
business conducted, from, in or about the ~remises and the ~rivileges
of taking a copy of any thereof.
On June 1, 1979, the Lessee shall assume responsibility for
i~surance on all personal ~roperty maintained on the ~remises and
~]I public ]~ab~lity insurance as required by paragraph 16 of this
2~. BUSINESS SALE: On June l, 1979, the Lessor and Lessee
shall enter a contract ~or the sale of the Boatshed Restaurant
~uslness, includlng the bal~ and ga~ business, on the following
Total purchase price of $75,~0.~0, including the equipment
%~d ~nven%ory. Ne real property is ~nclu~ed in the purchase price.
Use %axe~ or, %he transferred equipment shall be pa~d by the Lessee.
~c down ;ayme~%. Balance tc bear ~n%e~est of the rate of
'<~nthly payment on or before %he first of each month of $500.00.
7otal balance ~o be paid ~n full oK or before June 1, 1984. Lessee
~hall have a ten day grace period on the monthly payments.
IN WITNESS ~i~REOF, the part~es have duly executed this Agrea-
~.ent as of %ha date first written above.
L~SSOR:
BRIAK W. BUSt:IR}:
LEASE[:
BRETT HAYFI ELb
Or. th:.~ ,~ day off _~~, 1979, before me personally
appeared BRIAN I,;. BUSKIRK, Lessor, an~ BRETT ~YFIE~, ~ssee,
sealer.the same ii their own free an~ volunta~ act anti deed, for
tf~e us~ an6 purpase~ therein ~ntioned.
GIVEN U~ER NY ~ ~D OFFICI~ S~ the day and year i~ this
t
~ .c _
AA-3-07159
AIRSPACE LEASE
THIS LEASE made and entered into this SO day
of
~, 19~between the WASHINGTON STATE DEPARTMENT OF
TRA~%~SPORTATION, hereinafter called the "Lessor" and the City of
Bremerton, hereinafter called the "Lessee";
WHEREAS, the land and premises to be leased are not presently
needed exclusively for highway purposes: AND WHEREAS the Department
of Transportation is granted authority to lease property under RCW
47.12.120: AND WHEREAS, the Lessor and Lessee deem it to be in the
best public interest to enter into this lease;
NOW THEREFORE, in consideration of the terms, conditions,
covenants and performances contained herein, IT IS MUTUALLY AGREED
THAT:
The Lessor does hereby lease to the Lessee the premises
described in Exhibit "A" attached hereto and by this reference
incorporated herein.
TERM. The term of this lease shall commence on the date of
execution by the Lessor and shall thereafter be a year to year
tenancy. This lease may be terminated by either the Lessor or the
Lessee by giving ninety (90) days written notice of termination to
the other party. In the event that this lease is terminated by the
state for public use or convenience, the Lessee shall not be
entitled to any payment or compensation by reason of such
termination. Furthermore, such leased premises shall not be
considered as part of or as contributing to the use of any
adjoining or other properties owned, used or controlled by the
Lessee in the event such other property or property rights of the
Lessee are subject to condemnation subsequent to the execution of
this lease.
The Lessee and the Lessor hereby affirm that upon expiration
of, or termination of, this lease for any reason and the subsequent
use of the premises for highway purposes, such use for highway
purposes will not be considered the use of any publicly owned land
from a public park, recreation area, or wildlife and waterfowl
refuge within ~he meaning of 23 U.S.C. 138 and 49 U.S.C. 1653(f).
Within thirty days of occupancy, Lessee at his expense shall
erect and maintain a permanent sign stating as follows:
"This highway right of way provided for your
benefit under an agreement between (Lessee) and the
Washington State Department of Transportation.
That agreement may be terminated if this property
is needed for highway purposes."
USE OF PREMISES. In using these premises, the Lessee shall
comply with all policies and regulations' heretofore or hereafter
promulgated by the Department of Transportation relative to the
location, operation and maintenance of facilities located on the
property herein described. Direct access to ramps or traveled
lanes of limited access highways is not permitted. All
construction plans and any changes thereof are subject to approval
by the Lessor and must comply with applicable State and Local
ordinances, regulations and environmental requirements. The use of
said premises shall be such that no hazardous or unreasonably
objectionable smoke, fumes, vapor, odors, or discharge of any kind
shall be permitted to rise above the grade line of the highway
facility. No use other than parking and landscaping shall be
permitted without the prior written approval of the Lessor. Signs
where permitted are subject to prior review and approval as
elsewhere required in this agreement. The Lessee shall perform or
cause to be performed at his expense all maintenance of the
premises which will include, but not be limited to, keeping the
premises in good condition, both as to safety and appearance to the
satisfaction of the Lessor.
TAXES. The Lessee agrees to pay all taxes and assessments
which are assumed by him, if any, and all taxes which may hereafter
become a lien on the interest of the Lessee, and also all taxes
which may hereafter be levied or ~mposed upon the interest of the
Lessee or by reason of this agreement.
LESSOR'S APPROVAL OF DESIGN AND CONSTRUCTION. The Lessee
covenants that any improvements to be constructed on the premises
will not at any time during or after construction either damage,
threaten to damage or otherwise adversely affect any part or
element of the highway facility or the operation thereof. The
Lessor and the Federal Highway Administration shall be furnished
with copies of all plans and specifications and revisions thereto
for all improvements including signs proposed to be placed on the
premises, and no work shall be done without prior written approval
by the Lessor and the Federal Highway Administration. All
construction work shall be done in conformity'with the plans and
specifications as approved. The Lessor may take any action
reasonably necessary, including directing that work be temporarily
stopped or that additional work be done, to insure observation of
the plans and specifications, protection of all'parts and elements
of the highway facility and compliance with Lessor's construction
and safety standards. The improvements shall be designed and
constructed in a manner which will permit access to the highway
facility for the purpose of inspection, maintenance, and
construction when necessary.
LESSOR'S RIGHT OF ENTRY AND INSPECTION. The Lessor, for
itself and for the Federal Highway Administration, reserves the
right to enter upon the premises at any time without notice to the
Lessee for the purpose of inspection, maintenance, construction or
reconstruction of the highway facility or any element thereof. Any
loss of the use of the leased premises due to the L~ssor's exercise
of such right will be compensated for solely by pro rata reduction
of rent. The ~essor shall in no way be responsible for any
incidental or consequential damages due to such action. The Lessor
and the Federal Highway Administration may from time to time go
upon the premises for the purpose of inspecting any excavation,
construction or maintenance work being done by the Lessee. Entry
upon the premises for any other purpose by the Lessor and the
Federal Highway Administration shall be conducted with reasonable
notice to the Lessee and during tl~e hours of 8:00 a.m. to 5:00 p.m.
NON-LIABILITY OF LESSOR. The Lessee shall indemnify and hold
the Lessor harmless from any and all claims including attorneys
fees, damages, suits, and expenses of whatsoever kind or nature on
account of injuries to or death of any person or persons and damage
to property arising in whole or in part from the use or occupancy
of the leased premises by the Lessee or the activities conducted
upon the premises by the Lessee, its contractors, subcontractors,
agents, employees and guests and invitees.
The Lessee further agrees to accept and defend all such
claims, damages and suits for injuries to or death of any person or
persons or damage to property arising in whole or in part out of
the use or occupancy of the leased premises at i{s own expense in
the name of and on behalf of the Lessor.
NON-COMPLETION OF IMPROVEMENT. Unless the time or times for
completion are extended in writing, the Lessor may, at its option,
terminate this lease if:
a. Construction of the facility is not begun within one year
of the date hereof; and
b. Construction of the facility is not prosecuted to
completion with reasonable observation-~ a construction
schedule which allows not more than one hundred twenty
days from the start to the finish of construction.
Delays prior to and during construction caused by fires,
earthquakes, acts of God, war or civil disturbances,
demonstrations, strikes, or other interference with labor on the
project by picketing or similar activities, economic controls which
make labor or material unavailable, injunctions, restraining orders
or other delays due to litigation challenging the validity of this
lease or related agreements, and similar contingencies shall, for
the number of days as the duration of such delay, postpone the
Lessor's right to terminate this lease.
NON-DISCRIMINATION. The Lessee, for itself, its successors,
and assigns as a part of the consideration hereof, does hereby
covenant and agree, as a covenant running with the land, that no
person, on the grounds of race, color, creed, national origin,
marital status, age, sex or the presence of any sensory, mental or
physical handicap shall be excluded from participation in, be
denied the benefits of, or be otherwise unlawfully subjected to
discrimination in the use of the facility now or hereafter on the
premises, that in connection with the construction of any
improvements on said lands and the furnishing of services thereon,
no such discrimination shall be practiced in the selection of
employees or contractors, or by contractors in the selection and
retention of their subcontractors, that such discrimination shall
not be practiced against the public in their access to and use of
the facility and services provided for public accommodation
constructed or operated on, over, or under the space of the right
of way, and that the Lessee shall use the premises in compliance
with all other requirements imposed pursuant to the Revised Code of
Washington Chapter 49.60 and Title 49, Code of Federal Regulations,
Subtitle A, Office of the Secretary of Transportation, Part 21 (49
C.F.R. Part 21), and as said Regulations may be amended. The
breach of any of the above nondiscrimination covenants shall be a
material act of default entitling the Lessor to terminate this
lease in accordance with the procedures set forth herein.
PROHIBITION OF ASSIGNMENT. IT IS AGREED that the Lessee will
not, in whole or in part, assign this agreement or sublease the
premises without prior written consent of the Lessor and the
Federal Highway Administration. Any use or sublease of the site in
whole or in part for commercial purposes such as for customer
parking for local businesses shall be based on economic rent
payable to the state. The Lessor will not unreasonably withhold
approval of the assignment of the lease for the parking area
portion of the premises by the Boathouse restaurant.
The Lessee hereby covenants that he is acting as principal for
himself, and not as an agent for any undisclosed principal.
DEFAULT, TERMINATION OR ABANDONMENT. (a) Notice of Default:
At any time after the occurrence of a default or defaults under
this lease and while any such default remains unremedied, the
Lessor shall have the option of giving notice in writing of its
intention to terminate this lease by personal service upon, or by
written notice directed to the Lessee. .Such notice of intention to
terminate shall specify the default or defaults then outstanding.
Waiver or acceptance of any default of the terms of this agreement
by the Lessor shall not operate to release the Lessee of the
responsibility for any prior or subsequent default. (b)
Termination and Extension: After the expiration of Thirty (30)
days from the giving of such notice in the case of default, if one
or more defaults described in such notice then remains unremedied,
this lease shall terminate without further notice and all right of
the Lessee shall cease. The Lessor may in writing, at his option,
extend the above period, if in the judgment of the Lessor, an
extension is justified. (c) Assignment for Benefit of Creditors,
Insolvency, or Bankruptcy: Appointment of a receiver to take
possession of the Lessee's assets, the Lessee's general assignment
for benefit of creditors, or the Lessee's insolvency or taking or
suffering action under the Bankruptcy Act is a breach of this lease
and this lease shall terminate. (d) Performance b~ Lessor: If
the Lessee defaults in the performance or observation of any
covenant or agreement contained in this lease, the Lessor, without
notice if deemed by the Lessor that an emergency exists
(endangerment of life or the highway facility or failure of the
Lessee timely to obtain any insurance or to pay any taxes due is
presumed to be an emergency), may direct the Lessee to stop work
and may itself perform or cause to be performed such covenant or
agreement and may enter upon the premises for such purpose. The
Lessee shall repay to the Lessor upon demand the entire cost and
expense of such performance by the Lessor. Any act or thing done
by Lessor under the provisions of this Paragraph shall not be or be
construed as a waiver of any agreement or condition herein
contained or the performance thereof. (e) Disposition of
Improvements: Upon termination of this lease under. any provision
thereof, the improvements constructed on the leased premises shall
become the property of the Lessor or, at the option of the Lessor,
may be removed by the Lessee at his expense in a manner prescribed
by the Lessor. (f) Abandonment: In the event that it becomes
apparent in the Lessor's sole judgment that the premises have
ceased to be used or have been abandoned for a continuous period of
sixty (60) days, the Lessor at its option, shall have the right to
terminate this lease, provided duu notice of termination shall be
given the Lessee not less than thirty (30) days prior to the
proposed termination date.
NOTICES. Wherever in this lease written notices are to be
given or made, they will be sent by certified mail addressed to the
parties at the address listed below unless a different address
shall be designated in writing and delivered to the other party.
LESSOR: DEPT. OF TRANSPORTATION
LAND MANAGEMENT SECTION
P.O. Box 327
Olympia, WA 98504
LESSEE:City of Bremerton
Office of the Mayor
City Hall - 239 4th Street
Bremerton, WA 98310
~ ~~ / Date
/~C-/~-~._ Jr. WASHINGTON STATE,
Lessee~J DEPARTMENT OF TRANSPORTATION
C~-~k c~XC~ - State Design Engineer
APPROVED AS TO FORM
ant A~torney General~.
CITY ACKNuWLEDGMENT
COMMISSIONERS OR COUNCIL
STATE OF WASHINGTON )
ss
COUNTY OF ~ ~T~'F )
On this 137~-~ day of ~ /~ ~ before me personally
appeared
to me known to be the duly elected and qualified Mayor and City
Clerk of the City of Bremerton, Washington, that executed the
within and foregoing instrument and acknowledged said instrument to
be the free and voluntary act and deed of said City, for the uses
and purposes therein mentioned, and each on oath stated that he was
authorized to execute said instrument by resolution of the Mayor
and City Clerk of said City, and that the seal affixed is the
official seal of said City.
GIVEN under my hand and official seal the day and year last above
written.
Notary Public ' and for ~.e S~te of
Washington, residing at
STATE AGENCY ACKNOWLEDGMENT
STATE OF WASHINGTON )
COUNTY OF~-~~.c~ ss
)
On this ~ day of ~ , 19'/_~ before me personally
appeared A. D. Andreas to me/Known to ~e the duly appointed State
Design Engineer for the Washington State Department of
Transportation and that he executed the within and foregoing
instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said State of Washington, for the uses
and purposes therein set forth, and on oath states that he was
authorized to execute said instrument.
IN WITNESS WHEREOF, I have he~y hand and affixed my
official seal the ~(~ day of , 19~
tary Public in and
Washington, residing
Washington. at
I.C. #3'I-02G00
AA-3-07159