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Home My WebLink About3634 Contract Number 3634 Vendor PARKS & RECREATION Sub7ect Gold Mountain Golf Course Department PW Admin File Class LEG 12-1 Begin Date 4/1/1995 End Date 3/31/2011 Review Date 3/1/2011 Vault Date Comments $1000/mo 3/31/96 -$3200/mo - 3/31/05 - CPI - 1/1/98 Review date for tracking only 3/05 - New agreement being drafted for review & approval Copy of expired agreement sent to W Hamilton 2/10 Renewal of lease agreement until 3/31/2011 AMENDMENT TO LEASE AGREEMENT WHEREAS, on September 13, 2007, the C�ty of Bremerton, a mumcipal corporat�on of the State of Washmgton, "Landlord" and Scott Alexander's Golf Shop, Inc, a Washmgton corporation, "Tenant" entered mto a Lease Agreement wrth a termmaUon date of December 31, 2009, and WHEREAS, on December 29, 2009, the C�ty of Bremerton, a municipal corporation of the State of Washmgton, "Landlord" and Scott Alexander's Golf Shop, Inc , a Washmgton corporat�on, "TenanY' entered mto an Amendment to the Lease Agreement extendmg the tertn of the Agreement through December 31, 2010, and WHEREAS, the part�es des�re to amend the Agreement to extend the term through March 31, 2011, NOW THEREFORE, for mutual cons�derat�on, Landlord and Tenant agree as follows Sechoo 5 of the Lease Agreement is hereby amended to extend the tertnmation date to March 31, 2011 All other terms of Ihe Lease Agreement not spec�fically amended herem shall remam m full force and effect LANDLORD TENANT CITY OF BREMERTON SCOTT ALEXANDER'S GOLF SHOP, INC � W �--� ayor By SCOTT AL XANDER Its DATE i �� ' DAT `I� �� By ARYL MA Y Its DATE �I ATTEST � Carol Etg , C�ty Cler APPROVED AS TO FORM GE ICH, City Attorn R U.egai�LegalU��les\Curtent Acuve Fde ountamVxaze Agreement AmendmeN (2010) doc Amendment to Lease Agreemen! ( AMENDMENTTO LEASE AGREEMENT WHEREAS, on September 13, 2007, the Clty ot Bremerton, a mucucipal coipoisuon of the State of Washmgton, "Landlord" and Scott Ale:snder's Golf Shop, Inc , a Wash�agton cocpocahon, "Tenant" entered mto a Lease Ageemmt, and WHEREAS, the tecm of the Lease Agrcement commenced on September 1, 2007 and shall temunate oa December 31, 2009, and Wf�REAS, the parties desue to amend the Agreement to extend the tetm through December 31, 2010, NOW Tf�REFORE, for mutual wnsiderauon, Landlord and Tenant agree as follows Section 5 of the Lease Agreement �s hereby amended to extend the tecmmahoa date to December31,2010 All other terms of the Lease Ageement not spec�fically amended herem sl�all remam m full force and effect LAIVDLORD ��; CITY OF BREMERTON SCOTT ALEXANDER'S GOLF 3HOP, INC c -� a � aR��— �, Mayor By SCOTT ALEXANDER Ita DATE f �7 �/O DATE By DARYL MA Ita DATE /� ATTE i (/ � Cazol Etgen, � y C erk APPROVED AS TO FORM R GER LUBOVICH, City Attomey ( R�L.ep�Legel\F�la�mnt Acave Fdeti�Qold e Agrooamt Ame�dment (2009) doc Amendmmt [o Lease Agrument LEASE ACREEMENT � 1 Date and Parties THIS LEASE AGREEMENT (the "Lease"), �s entered mto on the date fully executed by and between the CITY OF BREMERTON, a muntcipal corporation, heremafter referced to as "Landlord", and SCOTT ALEXANDER'S GOLF SHOP, INC , a Washtngton Corporat�on, heremafter referred to as "TenanP' 2 General Recitals A The Landlord owns and operates a golf complex known as the Gold Mounta�n Golf Club ("Golf Club'7 Gold Mounta�n onginally had one 18-hole golf course and a clubhouse For purpose of th�s Lease, this I S-hole course shall be lmown as "Cascade Course" and th�s clubhouse as the "Old Clubhouse" The Dnvmg Range (the "Dnnng Range") �s located on the Old Course B In 1996 the Landlord decided to expand the Gold Mountain Golf Club by addmg a new 18-hole golf course known as the Olympic Course Addihonally, the Landlord built a new clubhouse (the "Clubhouse'� m 2001 at a total cost of $3 5 milhon The Landlord financed $3 1 mill�on of the total cost of construchng the Clubhouse by selLng bonds (the "Bonds"), the ►nterest on w}uch is not ►ncluded �n gross mcome for federal mcome tax purposes C The Tenant has served the Landlord as �ts golf professional for many years It is the desue of the Tenant and Landlord to contmue t}us relahonstup The Tenant and l the Landlord are simultaneously, wrth the execuhon of ttus Lease, also entenng mto an agreement for golf management and serv�ces enhtled "Golf Management AgreemenY' and an agreement for food and beverage service entrtled "Food and Beverage Agreement" so that the Tenant w�ll serve as the Golf Course Profess�onal, and provide management sernces and food and beverage sernces for the Golf Club D As an mducement for Tenant to enter mto the Golf Management Agreement and the Food and Beverage Agreement, and to assure that the customers receive all of the sernces that are customary for a golf course, the Landlord has agreed to lease the Dnvmg Range and a portion of the Clubhouse to the Tenant The porqon of the Clubhouse to be leased to the Tenant �s for a Golf Pro Shop E The Dnvmg Range �s located adjacent to the Cascade Course, ne►ther of which mcludes improvements that were bond-financed F The Golf Pro Shop, the locat�on of wh�ch �s wittun the Clubhouse, ►s pictonally illustrated m Exh�bit A attached hereto and by reference incorporated herem The pro rata cost of construct�on for the Clubhouse that �s attnbutable to the Golf Pro Shop is less than the Landlord's contnbut�on to the cost of construchon denved &om sources other than Bond proceeds, which contnbution was approved m the Declarahon of O�c�al Intent of the Landlord adopted pursuant to federal tax law pnor to the �ssuance of the Bonds and allocated by Landlord to area of the Clubhouse m wh�ch the Golf Pro Shop is located t Page 1 of 8 Go/d Mountarn Lease G Tenant has a golf cart rental busmess and des�res to lease land ("Cart Pad") from the Landlord at Gold Mountam Golf Club for sa►d business The azea to be leased � cons►sts of an azea of land for a total area of approximately 15,000 square feet �dentified m Exhibit B attached hereto and by reference mcorporated here►n H The purpose of th�s Lease �s to prov�de for the Tenant to operate the Pro Shop and Dnvmg Range as well as to operate its pnvate golf cart rental busmess while servmg as the Landlord's Golf Professional under the terms of the Professional Service Agreement referenced above 3 Premises The premises sub�ect to t}us Lease are the Dnvmg Range located at the Gold Mountam Golf Club, the Golf Pro Shop located m the Gold Mounta�n Clubhouse and the Cart Pad (collechvely, the "Prem�ses") The Premises aze located on the real property legally descnbed as Secuon 36, Towns}up 24 N, Range 1 West, WM m IC�tsap County, Was}ungton 4 Use of Premises A The Golf Pro Shop may be used for all acUv�ues normally related to the retul achv�hes of a golf course mcludmg, but not lumted to, retazl sales of golf related merchand�se, equipment rental, and golf related professional sernces The Dnving Range may be used for all actrvities normally related to operahng a Dnvmg Range, mcludmg, but not limited to, prov�dmg lessons and rental of balls and equ�pment B The Tenant shall mazntazn an adequate stock of golf related merchandise ( to serve the playmg pubLc C The Tenant has the exclusive nght to rent prachce balls on the Dnvmg Range The Tenant shall provide and mazntazn ball d�spensmg mactunes, ball retneval and wastung equipment The Tenant shall be respons�ble for retnevmg the balls The Landlord shall be responsible for grass related mazntenance of the Dnvuig Range D The Tenant shall have the exclusive nght to salvage golf balls from all water hazazds at Gold Mountam E The Tenant shall have the nght to use the Cart Pad for the storage, maintenance and operahon of lus pnvate golf cart rental busmess F Tenant shap not use the Prem�ses or any part thereof for any illegal purpose Tenant shall not engage ►n any act�v�ty wrth respect to or on the Premises other than the express uses and purposed st�pulated therem, wrthout obta►mng pnor wntten consent from the Landlord, which consent can be w�thheld for any reason Tenant agrees to conform to mumc�pal, county, and state codes, statutes, ordmances, and regulations concernmg the use and occupat�on of the Prem�ses G The Landlord and Tenant do not mtend to allow the Prem�ses to be used m such a manner as to cause the mterest on the Bonds to be mcluded m gross mcome for purposes ( of federal mcome taxat►on If it is determmed that any use contemplated under the terms of this Lease, the Golf Management Agreement or the Food and Beverage Agreement referenced herem Page 2 of 8 Gold Mountain Lease would cause the bonds to be pnvate actrv�ty bonds, then the part�es agree, that w�thout penalty to erther party, the tecros of this Lease, the Golf Management Agreement and/or the Food and � Beverage Agreement w�p be mod�fied accordmgly so as to preserve the exclus�on of the mterest on the Bonds from federal mcome taxahon 5 Term. The term of th�s Lease shaq be th�rty (30) months commencmg on September 1, 2007 (the "Commencement Date") and shall termmate on December 31, 2009, unless otherwise eazher termmated m accordance w�th Pazagraph 13 6 Golf Maoseement and Food and Beveraee A¢reements The Landlord and Tenant, contemporaneously w►th the execution of th�s Lease, have entered mto the Gotf Management Agreement and the Food and Beverage Agreement, m wh�ch the Tenant agrees to perform the sernces of the Golf Professional for the Golf Club and to operate the restaurant located w�Uun the Goid Mounta�n Clubhouse A breach of the Golf Management Agreement or the Food and Beverage Agreement shall be deemed a breach of t}us Lease The fazthful performance of the terms of sa�d agreements are part of the considerahon for entenng into ttus Lease 7 RenG Tenant shall be obligated to pay the follov�nng rent for the Prem�ses A F�xed Fee Base rent of tturty-three thousand dollars ($33,000) per yeaz payable $4,750 on January 1, $11,750 on Apnl l, $11,750 on July 1, and $4,750 on October 1 of each yeaz dunng the term of ttus lease ( B Percentaae Fee In add�hon, the Tenant shall pay as add�t�onal rent, stx percent (6%) of the gross revenue &om the Golf Club golf cart rental and eight percent (8%) of the gross revenues from dnvmg range fees These amounts shall be pa�d quarterly for the precedmg quarter, payable on Apnl 15, July 15, October 15 and January 15 Tenant shall provide a quarterly accounhng to the Landlord of all "gross revenues" at the same hme rt makes the quazterly payment The Landlord reserves the nght to mspect the financ�al statements and records of the Tenant at any reasonable hme and may require accounhng to be performed m accordance w�th Landlord audrt standards C Cart Pad In addiUon to the F�xed Fee and the Percentage Fee, Tenant shall pay $3,444 per year for the Cart Pad m quarterly payments of $861 00 on January 1, Apnl 1, July 1, and October 1 of each yeaz dunng the term of tlus lease D ReceiuHne aod Deoositioe All revenue collected &om transacttons generated from the dnvmg range and Pro Shop must be processed through the Ctty's Potnt of Sale System and deposited as prov�ded tn Sechon 10 of the Golf Management Agreement E. Credlt Card Costs and Fees Contractor shall be respons�ble for all cred�t card costs and related fees mcurred for Contractor's busmess pursuant to this Lease 8 Taxes The Tenant shall be responsible for the timely payment of all taxes associated with the busmesses operated under the terms of this Lease In addit�on, the Tenant � shali pay all leasehold taxes �mposed upon the Landlord and/or the Tenant as a result of th�s Lease Page 3 of 8 Gold Moun[arn Lease 9 Utilities. The Landlord agrees to prov�de and pay all chazges for electnc�ty, � water, sewer, gas/propane, gazbage, telephone, and for all other publ�c uhl�t�es used m the Prem�ses The Landlord shall not be responsible for fa�lure of prov�s�on of these serv�ces unless said failure ►s due to nonpayment for services Each party shall pay intemet and web page costs and expenses related to theu duttes and respons�bilit►es under th�s Agreement, unless otherw�se agreed 10 Sublet Tenant shall not assign tlus Lease or sublet the whole or any port�on of the Prem►ses wuhout first obtammg Landlord's wntten consent Landlord may withhold �ts consent for any reason Prov�ded, however, the Tenant may transfer the Lease to a wholly owned corporahon or l�m�ted Labthty company for tax purposes or third party I►abil�ty purposes However, the Tenant shall rema�n personally liable to Landlord for the farthful performance of all Lease terms If consent is once given by Landlord to the ass�gnment of the Lease, or any mterest therem, Landlord shall not be ba�red &om afterwazd refusmg to consent to any further ass�gnment 11 Reosirs and Maintenance The Premises have been uispected and are accepted by Tenant m theu present condthon, and Tenant will at all hmes keep the Prem�ses neat, clean and m a sazutary condihon Landlord shall mainta►n at �ts sole expense the bmldmg, mcluding but not hmited to, the roof, foundat�ons, extenor walls, structural members, gutters, downspouts, concealed and underground plumbmg and uhhhes of the Prertuses m good condirion and repau, except that Tenant shall be responsible for repair of any damage resulhng from the negligence of Tenant, Landlord shall not be requued to redecorate the Premises at any tune Tenant shall be ( responsible to mamtaui at �ts sole expense all the fiuiuture, fixtures and equ►pment and provide general mamtenance as set forth u► the Golf Management Agreement and the Food and Beverage Agreement Tenant agrees that at the expuahon of tlus I.ease, Tenant will quit and surrender the Premises in a neat and clean condihon, and will dehver all keys belongmg to the Premises W Landlord The Contractor shall muntazn the counter/laosk azea at the Dnvmg Range City shall prov�de landscapmg serv�ces for the Dnvmg Range Seld 12 Defaulw In case of v�olauon of ttus Lease by Tenant, the Landlord shall nohfy Tenant m wnhng of such violahon The Tenant shall cure any default that unposes an immed�ate threat to the public health, safety or welfaze wrthm 24 hours My default m the payment of momes due under any prov�s�on of tlus Lease shall be cured withm 10 days All other violat�ons shall be cured witlun tFurty (30) days followmg the delivery of sazd not�ce In the event of the failure of the Tenant to remedy any default or violation of the covenants, agreements, or condittons herein conta�ned witlun the penod of time spec�fied m the notice, this Lease and ali nghts of Tenant hereunder shall be termmated and the Landlord shall have the nght to enter upon the Prem�ses and re-take possess�on thereof Conhnued v�olations for same or s�milar reasons may be grounds for immed�ate termmat�on �f a subsequent violat�on occurs after the Landlord grves nohce that it mtends to termmate upon the further occurrence of s►m�lar violat�ons 13 Termination Th�s Lease shall tetmmate on December 31, 2009 Th�s Lease can be earlier termmated for good cause Good cause shall mean any of the followmg, 1) fa►lure to � t�mely cure a default after nohce as prov�ded m paragraph 12 above, 2) termmatton or exp�ration of the Golf Management Agreement or the Food and Beverage Agreement, 3) lack of sufficient Page 4 of 8 Gold Mountain Lease msurance proceeds to rebwld or repa�r the facilrty after damage or destruct►on, 4) msolvency of the Tenant, or the appomtment of a recerver to admmister �ts financ�al affa�rs, or 5) any reason � spec�fied elsewhere m this Lease, or the attachments hereto, that �s des�gnated as grounds for termmat�on Upon the termmat�on of the Lease, the Tenant shall vacate the Premises, and the Landlord may immediately reenter and take possession of the Premises wrthout the necessrty of a court order to do so 14 Accidents and Indemnitv. Tenant agrees to defend, mdemmfy and hold Landlord hazmless from all loss, damage, l�ab�l�ty or expense result►ng from any �n�ury to any person or any loss of or damage to any property caused by or resultmg from any act or omiss�on of Tenant or any o�cer, agent, employee, guest, mv�tee or v�s�tor of Tenant m or about the Prem�ses, but the foregomg provision shall not be construed to make Tenant responsible for in�unes to tturd part�es caused by the sole negligence of Landlord or any officer, agent, employee, guest, mv�tee or v�sitor of Landlord Landlord shall not be l�able for any loss or damage to person or property sustazned by Tenant, or other persons, wluch may be caused by theft or by any act of neglect of any tenant or occupant of the buildmg, or of any other person, or by any other cause, unless Landlord is �udic�ally found solely negl�gent for such damage or ►n�ury Tenant fiuther agrees to procure, at no expense ro the Landlord, mdushtal u�surance for all employees of Tenant 15 Liens Tenant shall keep the Prem�ses and the Golf Club free from any hens ansmg out of any work performed, matenals furnished or obLgat�ons mcurred by Tenant 16 Access Tenant will allow Landlord or Landlord's agent free access at all ( reasonable tunes to the Premises for the purpose of mspechon, or of makmg repazrs, add�tions or alterat�ons to the Prem�ses or any property owned by or under the control of Landlord, but ttus nght shall not be construed as an agreement on the part of Landlord to make any repazrs other than those repa�rs for wluch Landlord is responsible pursuant to the terms hereof Landlord shall have the nght to show the mtenor of the Premises to interested parnes for tlurty (30) days pnor to the expuahon of tlus Lease By mutual agreement of the Director of Pazks and Recreahon, or }us or her designee, (hereu�after "Duector'� and Tenant, porhons of the Clubhouse may be provided on a non-mterference bas�s anth no room charges assessed when conducUng Landlord's busmess Room set-up is the responsibil�ty of the Landlord 17 Flre Insurance. Hazards A No use shall be made or permitted to be made of the Premises, nor acts done, wh�ch will mcrease the extstmg rate of insurance upon the Clubhouse or cause the cancellat�on of any msurance pol�cy covenng the Clubhouse, or any part thereof, nor shall Tenant sell or perm�t to be kept, used or sold, m or about the Premises, any anc�le which may be prohtbrted by the standard form of fire msurance policies Tenant shall, at �ts sole cost and expense, comply with any and all requ►rements, pertammg to the Prem�ses and resultmg &om Tenant's busmess actrvit�es, of any msurance orgamzation or company necessary for the mamtenance of reasonable fire and publtc l�ability msurance covenng the Premises, Clubhouse and appurtenances In the event that Tenant fails or refuses to comply with any and all such requ�rements then Landlord may, at its opt�on, assess the Tenant any mcreases m such fire and � publ�c I�ab�lrty msurance prem►ums caused as a result thereof and the Tenant shall pay the same Page 5 of 8 Gald Mountain Lease upon demand as addrtional rent or Landlord may declaze the Tenant to be m default under the terms of th�s Lease � B Landlord hereby releases Tenant of and from every and ali nght, claim and demand the Landlord may hereafter have aga�nst Tenant or Tenant's successors or ass�gns ansmg out of or m connection wrth any propeRy loss or losses occasioned by fire and such Uems as aze mcluded under the normal extended coverage clause of 6re insurance policies and to the extent of the pol�cy l�mUs, and does hereby wa�ve ali nghts of subrogat�on m favor of msurance camers agamst the Tenant ansmg out of any lawsu�t occas�oned by fire and such items as are mcluded under the normal extended coverage clause of fue msurance pol�c►es and susta�ned by Landlord m or around the Premises Tenant hereby releases Landlord from any and every nght, claim and demand that Tenant may heremafter have agaznst Landlord or Landlord's successors or ass�gns ansmg out of or m connechon with any lawsuit occas�oned by fire and such �tems as are mcluded under che normal extended coverage clause of fire msurance polic�es, and does hereby watve ali nghts of subrogaUon m favor of msurance cazners agaznst Landlord ansmg out of any loss occasioned by fire and such �tems as are mcluded under the no�mal extended coverage clause of fire msurance policies and susta►ned by Tenant to the trade fixtures, eqwpment and merchandise on the Prem�ses The wazver provided for in tlus paragraph shall be apphcable and effechve only m the event such wazvers are attaznable from the msurance camers concemed 18 L�ab�Hri Insurance Tenant, at ►ts own expense, shall prov�de and keep m force w�th compazues acceptable to Landlord, comprehensrve publ�c l�abil�ty, tncludmg products 1►abilrty msurance for the benefit of Landlord and Tenant�omtly agau�st habil�ty for bod�ly m�ury � and property damage in the amount of not less than one milhon dollars ($1,000,000 00) Tenant shall furmsh Landlord w�th a cemficate of such policy, mcludmg an addihonal msured endorsement acceptable to Landlord's Risk Manager, w►thin ten (10) days of the commencement date of this Lease and thereafter shall sahsfy Landlord that such pohcy is m full force and effect Such pohcy shall name Landlord as an add�honal msured and shall be pnmary and noncontnbutmg with any u�surance camed by Landlord The pohcy shall further provide that it shall not be canceled or altered w�thout twenty (20) days pnor wntten nouce to Landlord 19 Damaee or Destructlon In the event the Premises, other than the Clubhouse are damaged to such an extent as to render the same unusable m whole or m substanhal part, or aze destroyed, Tenant shall give Landlord or Landlord's agent �mmed�ate wntten nodce thereof, and tt shall be ophonal wtth Landlotd to repau or rebuild the same Landlord shall have not more tham m�ety (90) days after date of such noGficahon to not�fy Tenant m wndng of Landlord's intention to repair or rebuild the Prem�ses, or the part so damaged and, if Landlord elects to repair or rebuild Prem�ses, Landlord shall prosecute the work of such repa�nng or rebu�ldmg wrthout unnecessary delay, and dunng such penod the rent of the Premtses shall be abated m the same raho that that port�on of the Premises rendered for the hme bemg unfit for occupancy shall bear to the whole of the Prem�ses If Landlord shall fazl to grve the nohce aforesa�d, Tenant shall have the nght to declare this Lease termmated by wntten nohce served upon Landlord or Landlord's agent In the event that there �s not sufficient msurance to pay for the repa�r or rebuildmg of any damaged structure, then the Landlord, m�ts sole discrehon, may termmate this Lease Provided, however, pnor to termmatmg the Lease for this reason, the Landlord shall � discuss w�th the Tenant other ways to provide for the fundmg shortfall, but such will not prohib�t the Landlord from termmatmg the lease Page 6 of 8 Gold Mounta�n Lease In the event the Clubhouse �s damaged (even though the Prem�ses shall not be damaged thereby) � to such an extent that m the reasonable opimon of Landlord rt shall not be pract►cable to repair or rebwld, or its destroyed, then rt shall be optional with Landlord to termmate this Lease by wntten not�ce served on Tenant wRhm th�rty (30) days aRer such damage or destruction 20 Notices All not�ces under this Lease shall be in wntmg and del�vered m person or sent by reg�stered or certified mail to Landlord m care of the D�rector, 345 6' Street, Su�te 600, Bremerton, Washmgton 98337, and to Tenant at P O Box 197, Bremerton, Washmgton 98312, effective as of postmazk t�me and date, or to such other place as may hereaRer be designated by either party m wntmg 21 Alteratlons Tenant shall not make any alterat�ons, add�tions or improvements ►n the Premtses w�thout first obtazmng the consent of Landlord m wnhng, w}uch consent can be wdhheld at Landlord's sole discrehon All alteradons, addidons and �mprovements, shall be at the sole cost and expense of Tenant, and shall remau� m and be surrendered with the Prem�ses as a part thereof at the tecminahon of th�s Lease If Tenant shall perform work wrth the consent of Landlord, as prov�ded above, Tenant agrees to comply w�th all lawa, ordmances, rules and regulat�ons of the City of Bremerton and any other authonzed public authonty Tenant further agrees that workmanstup will be of a reasonable commercial quality, m color schemes in accordance with current bwldu►g standazds and &ee of inechazucs l�ens Tenant further agrees to save Landlord free and harmless from damage, loss or expense ansmg out of such work 22 Costs and Attornev Fees If, by reason of any default or breach on the part of C e�ther party m the performance of any of the provisions of ttus Lease, a legal achon is uishtuted, the losmg party agrees to pay all reasonable costs and attorney fees m connechon therew�th It is agreed that the venue of any legal achon brought under the terms of shall be in ICitsap County 23 Amendments Tlus Lease may be amended at any hme only by wntten agreement s�gned by the parties 24 Insolvencv In the event that the Tenant shall become u�solvent or go mto banlmiptcy, tivs Lease may be canceled at the ophon of the Landlord without nouce, and the Landlord may take unmediate possess�on of the Prem�ses and the whole thereof and the same shall not become an asset m banlwptcy 25 Nondiscrimination Tenant shall not discnmmate m employment or sernces to the publ�c on the bas�s of sex, race, color, creed, nahonal ongm, age, mantal status, phys�cal, mental or sensory handicap except an employment action based o a bona fide occupahonal qualificat�on 26 Warver Fa�lure to ms�st upon stnct compl�ance w�th any terms, covenants or condit�ons of this agreement shall not be deemed a warver of such, nor shall any wa►ver or relmqu�shment of such nght or power at any t�me be taken to be a wa�ver of any other breach 27 Bindin¢ Ef[ecG Th�s Lease shall be bindmg upon the he�rs, successors, assigns ( and all other parties legally empowered wrth signatory nghts of any or all of the parties hereto Page 7 of 8 Cold Mounta�n Lease 28 Iovalidiri of Provisions Should any term, provision, cond�t�on or other port�on of this lease be held to be moperatrve, mval�d or vo�d, the same shall not affect any other term, � prov�sion, condihon or other port►on of this Lease and the rema�nder of this Lease shall be effectrve as if such term, prov�sion, cond�t�on or port�on had not been conta►ned herem 29 Previous Aereements Suoerseded The terms and condihons of th�s Lease supersede the terms, obligahons and cond�t�ons of any exishng or pnor agreement between the parties regardmg the sub�ect matter of th�s Lease This lease replaces m its ent�rety any pnor agreements mcludmg pnor leases and any amendments and extens�ons thereto 30 Entire AereemenG Th�s Lcase, mcludmg the exhibrts and statutes referenced herein contain the ent�re agreement between the Part►es and aze the embod�ment of all wntten or oral representahons between the parhes hereto LANDLORD TENANT CITY RT �/""�T'� CARY BO EMAN, Mayor By S� ALEXANDER Its f��06�+r DATE 9 DATE 9 � L o � � By Y ATTEST Its DATE O � PAITL.A JOHNSTON, Crt Cler ST R GER A LUBOVICH, C►ty R�I,egal�Legal�F�les\ wnnt Achve F�les\Gold Mountam�I,easc Agreement - FINAL doc Page 8 of 8 Gold Mountaln Lease , - -- --- ----_-- � EXHIBIT "A" Golf Pro Shop new Gold Mountain Clubhouse r�a imMAQ t COI�I�IM� f � � � � � � � /1 ' ` ~ ' I � 1 � � � 1 1 L � - 1 1 � °'� � � , 1 I I � =�.-�: �-.�:.- i � , - _.� i i , f �'� � � � 1 I � �� _ r -� .�.. .,� L � i � � � � � �� s __^_ � � � .�..� � .�» � � Q MAIN LEVEL FLOOR PLAN �� c►u�HOU�� x� �S � � r �� i .j "' �i I�j; � v � � s � 'n° j� � a� � /� � ti � �. ^� J, 1'� � {- '3 �C' � { a � �.'�' �1 � � „ w'J` 7C - �ti .a � '�'� ' '� ' ` `' � � . 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A; \ � w�3 ' Si�E S��PE � ��.� �,�. ar,0 3 84rrOM r�npr-� � , / / ` _�' �� '- / , \� , �" � � '` , (� i �. . � _ %�, � �8 �.r 5�0-SW \ �' \` �� + ,�, 4 � e / .�� ExrS� Buf�D�NG r0 8E ��' 3 1;IDE � P`�'` s '', �,\� REMOvFO 8Y pIHEkS / ,�/ , � � � BOT M �, DT� ,' -• `�,\ � OTTOM ELEV v 316 �,� ' ,' - ca� r �` EL� �� \ J � � Q •\\ ► ' LANOSCAPE � fOR��t R \ ' � Y (?YPICAL) �� y ` _�C S '� � 't � 4 1\\ I \ � _ _ _ _ � \ ( �� o 0 1 z � � ,_ j� '� F �� - r �f �� . ,.' - - - . a o � � � ��o i�+ ' " ` -- - — �, : 3 � r� : J z l � � � i � � /� f a ` ^a � � } . fl \ , � �f f 3 `� i / ' / � , _ a� I Jr '` ' l - l � J * � c ai�Lr / � . / � ` ,: , � _ h � ��`�� / � �/� ? �� / r i � '` � r� : /� J�� / � �O �, i i � ) �„� � ' `� : . `\� � � � ,\ ` � � , ,c� � � � % �-' ` `' J ''` � l ,/ � �� i' _-�' i'Z�. �' ~ � � �� nrAS ' )`lr \ � � -__ EXHIBIT B - ,Z ''- HYDROSEEJ [ Contract Number: 3634 Vendor: PARKS & RECREATION Subject: Lease - Gold Mountain Golf Course Department: PW Util File Class: LEG 16-3 Begin Date: 04/O1/1995 End Date: 03/31/2005 Review Date: 06/15/2010 Vault Date: Comments: Review date for trackinq only 3/05 - New agreement being drafted for review & approval Copy of expired agreement to W Hamilton 2/10 r lNTERLOC2%,L LEASE A~REF, I(ENT BETWEEN THE BRF~ERTON DBP~RTMENT OF UTILITIES AND BRF.~ERTON DEPi%RTNEIqT OF PARKS ~HERE~, the Bremerton Department of Public Works and Utilities, as Lessor, (hereinafter referred to as "Utilities"), owns a parcel of land located on the West Belfair Valley Road, Kitsap County, Washington legally described in §1. below; and WHEREA~, the Bremerton Department of Parks and Recreation, (hereinafter referred to as "Lessee") operates and maintains a golf course and club house upon said property owned by Public Works and Utility, both parties herein agree as follows: · . Premises. Bremerton Department of Public Works and Utilities is the legal owner of approximately 360 acres, more fully described as follows: Part W1/2 NE1/4, part NWl/4 SE1/4, part N1/2 SW1/4, part NWl/4, Section 1; part El/2 NE1/4 Section 2; all in Township 23 North, Range 1 West, W.M. Part SE1/4 SE1/4 Section 35; part SW1/4 SE1/4, part SW1/4 Section 36; all in Township 24 North, Range 1 West, W.M. Department of Public Works and Utilities hereby leases to Lessee, and the Lessee hereby leases from Department of Public Works and Utilities, the above-described real property, together with all rights, privileges, easements, and appurtenances thereon (hereinafter referred to as the "Premises"), for the uses and purposes described below. z. uses and Purposes. Lessee shall have the use and occupancy of said Premises for the purpose of operating and maintaining a golf course and club house. 3. Term. The term of this lease shall be as follows: Beginning the first day of April, 1995, and terminating the 31st INTERLOC~%L LF~SE A~REENENT --~-- GOLF.I~ - Disk 12 day of March, 2005, all subject to the terms and conditions herein. The lease currently covering a portion of the above premises shall be cancelled upon the effective date of this Lease Agreement. 4. Rent. Lessee covenants to pay to Lessor as rental for the Premises, the sum of One Thousand Dollars ($1,000.00) per month until December 31, 1996 or the official opening of the expanded Gold Mountain Golf Course, whichever is earlier. Rent thereafter shall be Three Thousand Two Hundred Dollars ($3,200.00) per month. Rent shall be adjusted annually beginning January 1, 1998 by using the Consumer Price Index (CPI) for all urban consumers as published by the U. S. Dept of Labor for U.S. City Average, all items (1982- 84=100) for the most current period preceding the beginning of the calendar year. 5. Responsibilities. Lessor agrees to provide said premises as is. Lessee agrees to fully maintain and operate premises only as a golf course and club house and further agrees to provide all repairs and maintenance to the premises. Lessee also agrees to provide, or shall otherwise pay for when due, all costs for providing all utilities and other services upon the premises. Any environmental damage or costs attributable to operation of development of the golf course facility shall be the responsibility of the Parks Department, 6. E&s~ents. Utilities retains utilities and access easements over the leased premises as currently developed. Lessee may relocate these easements at its expense. 7. Timber. Utilities shall retain ownership of all standing INTERLOC~.~ LE~SE A~REEMENT -~'- Disk t2 - 3/14/95 timber on the premises, with the Parks Department controlling timber removal during the term of this lease. Lessee shall notify Utilities of any timber to be removed from the premises with the Utilities receiving the net value of all timber sales. 8. Odor Easement. Utilities retains an easement for odor incursion onto the leased premises at levels currently existing from its biosolids application area to the southwest of the premises, but agrees to use all reasonable application techniques to minimize such incursion. IN WITNESS WHEREOF, the parties hereto have affixed their signatures below. CITY OF BREMERTON LYNN HORTON, Mayor DEP~VALS: W. ~UGE~ SAMP~D~rector of Public Works & Utilities ~ lrec or of Parks & Recreation FORM: IAN R~JSIEVERS, city Attorney RECEIVED F~ FILING: ~T~LtEN L. #cCLUSKEY, CITY CLERK ] Z~TEI~TaOC).L LF~SE ~GREEHE)IT -3- GOI. F.ILA - Disk 12 -