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HomeMy WebLinkAbout2819 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 2819 CENCOM - KITSAP CO 1720 Warren Avenue City Clerk LAN File Class LEG 16-3 $50.00 06/01/1976 07/31/2006 02/15/2008 GL $ AL $ E&O Insurance Total $ Insurance Review Date Lease Terminated Vault 01/01/2008 TERMINATION OF LEASE AGREEMENT This Termination of Lease Agreement is entered into between the City of Bremerton (the "City") and Kitsap County (the "County") as of July 31, 2006. RECITALS WHEREAS, the parties entered into a Lease Agreement dated June 16, 1975 (the "Lease"), under which the City leased real property (the "Leased Premises") to the County for operation of the County's emergency communications and operations center; and WHEREAS, the Lease has been renewed three times in accordance with its terms; and WHEREAS, the County has recently constructed a new emergency communications and operations center to house such activities, has vacated the Leased Premises and no longer has a need to utilize the Leased Premises; and WHEREAS, both parties have performed as promised under the Lease and neither is in default under the Lease; and WHEREAS, the parties now mutually wish to terminate the Lease; AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Lease Termination. The Lease is terminated effective July 31,2006. 2. Diesel Fuel. The County is the owner of the diesel fuel contained in the generator fuel tank located on the Leased Premises and will have until 60 days after full execution of this Termination of Lease Agreement to pump out such fuel for its own account. 3. Ins?ection and Testing. The County will have until 60 days after full execution of this Termination of Lease Agreement to do such inspection and testing of the Lease Premises as it may deem appropriate. Inspection and testing will consist of walking through the facility and conducting a tank-tightness test (pressure-testing the tank). 4. Notice. The County will notify the City prior to tank pumping and inspection and testing and for necessary access to the Leased Premises. 5. Duplicate Originals. This Termination of Lease Agreement is executed in duplicate originals. CITY OF BREMERTON By e 7 Cary Bozem~n, Mayor- BOARD OF COUNTY COMMISSIONERS KIT SAP COUNTY, WASHINGTON . JS:J~ G.-u-~ m ATTEST: By Date 1- ~/ -D Co Date State of Washington ) ) ss. County of Kitsap ) On this .2/8.-1 day of ~ ' 2006, personally appeared Cary Bozeman, to me known to be the Mayor the CIty of Bremerton, a mUnIcIpal corporatIOn, that executed the within and foregoing instrument, and acknowledged said instrument to be the free voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. In witness whereof! have hereunto set my hand and affixed my official seal the day and year first above written. vhk tI~l&d Notary Public in and for the State ofAwashington Residing at fYt~M dA ~ IN My commission expires: 13- ;;) ,-0 '1 2 State of Washington ) ) ss. County of Kitsap ) On this ~ day of ~n\eMbeA ,2006, personally appeared Jan Angel, to me known to be a Commissione~County, that executed the wIthm and foregomg instrument, and acknowledged said instrument to be the free and voluntary act and deed of said county, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. In witness whereof! have hereunto set my hand and affixed my official seal the day and year first above written. State of Washington ) ) ss. County of Kitsap ) On this \ ~~ day of ~~~ , 2006, personally appeared Patty Lent, to me known to be a Commissioner for I{it;p County, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said county, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. 3 State of Washington ) ) ss. County of Kitsap ) On this ~ day of ~~ , 2006, personally appeared Chris Endresen, to me known to be a Commissioner for Kitsap County, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said county, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. In witness whereof! have hereunto set my hand and affixed my official seal the day and year first above written. ~\~ Notary IC in and for t~fWaShington Residing at -Jbd-: Orc My commission expires: I'). -' I S- ~ 4 +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 30 Record(s) MAINTAIN Contract Transactions + + Contract Number 2819 + + + +Vendor Name CENCOM - KITSAP CO + +Subject 1720 WARREN AVENUE + +Department ADMIN SVCS + +Status Code LAN + + Amount $50.00 + + Begin Date 06/01/1976 + + Insurance End Date 05/30/2006 + + Type Amount Review Date 04/01/2006 + + + + + + + + Insurance Total $0.00 + + Insurance Review Date + + + + Comments TEN YR TERM W/4 10 YR OPTIONS-50 YRS TOTAL @ $1 PER YR + + AUTOMATIC RENEWAL W/O WRITTEN NOTICE + + + LEASE AGREEMENT WHEREAS, Kitsap County, a municipal corporation organized pursuant to the laws of the State of Washington (hereinafter called County), needs certain real property and buildings in conjunction with a project to provide emergency communications services to numerous governmental entities situate in Kitsap County; and WHEREAS, City of Bremerton, a city of the first class organized pursuant to the laws of the State of Washington (here- inafter called Bremerton), has certain real property and buildings which will be best utilized by Bremerton if Bremerton leases such real property and buildings to County for use in the emergency communications system; and WHEREAS, County is empowered to lease real property and buildings from Bremerton sub RCW 36.34.130; and WHEREAS, the governing bodies of Bremerton and County have resolved that this lease agreement may be entered into; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN BREMERTON AND COUNTY AGREE AS FOLLOWS: I. Property involved Bremerton hereby leases to County and County hereby leases from Bremerton the following described real property: The south 63.54 feet of the west half of lot 6, tract 4, Warren Smith's Acre Tracts as per plat recorded in volume 2, page 51 in the office of the Kitsap County Auditor; Except, the west 35 feet for Warren Avenue; together with The north 32 feet of the west half of lot 7, tract 4 of the aforementioned plat; ~, the west 35 feet for Warren Avenue; together with The east 62.45 feet of the west 97.45 feet of the south 98.08 feet of lot 7, tract 4 of the aforementioned plat; Ail situate in Township 24 North, Range 1 East, W.M., Kitsap County, Washington. -1- Such lease includes the buildings and appurtenances situate upon the above-described real property. Ii. Rental Amount County shall pay to Bremerton as rental for the above- described property the sum of One Dollar ($1.00) per year. The rental amount for the first year shall be due on January 1, 1976. Thereafter the rental amount for each year shall be due on January 1 of such year. Ail rental payments shall be made at Bremerton City Hall on or before the dates hereinabove specified. III. Term, Renewals This lease shall be of full force and effect immediately upon subscription by the parties hereto and shall continue for a period of ten (10) years. County may, at its option, renew this lease upon the same terms and conditions for four (4) successive ten (10) year periods. Thus, if County exercises all available options, it may have full use and enjoyment of the above-described real property for a period of fifty (50) years. County shall, if it does not desire to exercise one of the available options, give written notice of such to Bremerton prior to the expiration of the lease. Otherwise, this lease shall be renewed automatically. IV. Use of Property County shall utilize the above-described real property in conjunction with and as part of a project to provide emergency cor~unications services to various governmental entities situate in KitSap County and to such end shall house, store, maintain and operate an assortment of electronic and communications equipment upon the above-described premises. County may house, store, maintain and operate all equipment necessary and proper to the expansion and continuance of the emergency communications system upon the above-described premises. County may conduct allied uses and activites upon the above-described premises. County shall make capital additions to the above- described real property and buildings situate thereon in an amount not less than One Hundred Thousand Dollars ($100,000.00). Such capital additions may include, but are not limited to, the construction of buildings, towers, fences, landscaping, and remodeling of existing buildings. County may remove, alter, remodel, or expand the existing buildings and appurtenances upon the above-described premises. V. Duties of County County shall maintain the premises in good repair and will utilize the premises in conformance with all local, state and federal laws. County shall pay all taxes and utilities and shall pay for and maintain full insurance coverage for and on the premises. VI. Casualty Loss Neither Bremerton nor County have any obligation to repair or restore any or all of the premises in the event they are damaged or destroyed, in whole or in part, by fire, flood, wind, earthquake, explosion or other acts of God or by acts of negligence of either party. In the event that the premises are wholly or partially so damaged or destroyed County may elect to terminate this lease by giving 180 days written notice of such to Bremerton. VII. Termination by Bremerton Bremerton may elect to terminate this lease by giving sixty (60) days written notice of such to County in the following situations: -3- a. Failure by County to pay rental amount as specified in II; Provided, should County subsequently remit the delinquent rental ~ount prior to the expiration of the notice period, the lease shall not be terminated; b. Failure by County to use the premises as specified in IV; Provided, should County use the premises as specified in IV prior to the expiration of the notice period, the lease shall not be terminated and; .Provided further, should the reason for non-compliance be that the premises have been wholly or partially damaged or destroyed, the lease shall not be terminated if County gives Bremerton written notice of its intent to restore the premises prior to the expiration of the notice period. VIII. Disposition Upon Termination Upon termination of this lease County shall deliver the premises to Bremerton, except as provided in VI, in good repair. Bremerton shall be entitled to any and all buildings, capital improvements and other appurtenances. County may remove any and all electronic, communica- tions, or similar equipment; Provided, if in the process of so removing any building, capital improvement, or other appurtenance is damaged, County shall repair and restore same. DATED this ./~ day of ~,1975. CITY OF B~MERTON ATTEST: ~ ~Glenn K. Jarsta~Mayor Comafi~sioner/,_/~/__~./~,F/_// ATTEST: County Auditor and Ex-Officio~ .... Clerk/~the Bo~d -v ' Dep~ Auditor STATE OF WASHINGTON ) SS. COUNTY OF KITSAP ) · d/G~L~yK~fj~~ ~nb~ ~ personallyO~ ~ 1 o me p e the Mayor of the City of Bremerton that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said City of Bremerton, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abnve written. Notary Public in and for the State ~--of-~Washington, residing at -5-