HomeMy WebLinkAbout2. Deed reports
PO Box 5982424 South Park Avenue, Port Townsend, WA 98368
Phone: (360) 385-1322 Fax: (360) 385-1877
Order No.: 61731
Customer Ref. No.:
Prepared for:
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
Attn: Amber Long
Charge: $ 300.00
Sales Tax: $ 27.00
Total: $ 327.00
RE: Property Address: 100 Cherry St
Port Townsend, WA 98368
By: Megan Barnes, Title Officer
For Service on this order call:
(360) 385-1322 (FAX) (360) 385-1877
(Email: mbarnes@fatcojc.com)
LIMITED LIABILITY CERTIFICATE
This is a report as of June 10, 2019, at 8:00 a.m., covering property hereinafter described. The
information contained herein is made solely for the purpose of determining the status of the property
described herein, is restricted to the use of the addressee, and not to be used as a basis for closing any
transaction affecting title to said property. Liability is limited to the charge made for this certificate.
LEGAL DESCRIPTION:
Parcel A:
Lots 1 through 4, Block 16, Railroad Addition, according to Volume 2 of Plats, page 78, records of
Jefferson County, Washington.
TOGETHER WITH that portion of vacated Van Ness Street adjoining or abutting thereon, which upon
vacation, attached to said premises by operation of law, according to instrument recorded as Ordinance
No. 986, Volume 98, Page 197, records of Jefferson County.
Situate in the County of Jefferson, State of Washington.
Parcel B:
All of Blocks 183, 184, 185, 186, 187, and 188, Estate Addition to the City of Port Townsend, as per plat
recorded in Volume 2 of Plats, page 21, records of Jefferson County, Washington.
TOGETHER WITH those portions of vacated Van Ness Street, Blaine Street, Gaines Street, Scott Street,
Kearney Street, Decatur Street, adjoining or abutting thereon, which upon vacation, attached to said
premises by operation of law, according to instrument recorded as Ordinance No. 986, Volume 98, Page
197, records of Jefferson County.
Situate in the County of Jefferson, State of Washington.
LPB
Parcel C:
Beginning at a point 50 feet East of the corner of Sections 2, 3, 10 and 11 in Township 30 North, Range 1
West;
Thence East 115 feet;
Thence South 88.7 feet to the Northerly line of Warren Street, as shown on the Plat of Estate Addition,
Volume 2, page 21;
Thence North 57 45’ East along Warren Street 465 feet to the Westerly line of Kearney Street, as shown
on said Estate Addition;
Thence North 32 15’ West along said Kearney Street 360 feet to the South line of 15th Street, projected,
as shown on the Plat of O.C. Hastings Addition, Volume 1, page 93;
Thence West along 15th Street 318 feet to a point 50 feet East of the Section line between Section 2 and 3;
Thence South 466 feet to the point of beginning.
Also, beginning at the Northwest corner of Websters Addition to Port Townsend, Volume 1, page 20, at a
point of the South line of the Port Discovery Road;
Thence Southeasterly on the line between the donation land claim of L.B. Hastings and F.W. Pettygrove
to an intersection with the West line of Plummer Street of said Websters Addtion;
Thence Southwesterly parallel with the North line of Lawrence Street of said Websters Addition to an
intersection with the East line of Scott Street, of said Websters Addition;
Thence Northwesterly with the East line of Scott Street to an intersection with the East line of San Juan
Avenue, of said Websters Addition;
Thence North on said East line of said San Juan Avenue to the South line of a tract of land deeded by
Hastings Estate Company to John Cable, according to the deed recorded in Volume 48, page 596, records
of Jefferson County;
Thence Southeasterly on the South line of said Cable Tract to its Southeast corner;
Thence North on the East line of said Cable tract 219.88 feet to the South line of the County Road;
Thence Southeasterly on the South line of said County road to the point of beginning.
EXCEPTING THEREFROM a portion of a tract of land on the Southeast corner thereof owned by T.E.
Olson, according to the deed recorded in Volume 46, page 518, records of Jefferson County.
Situate in the County of Jefferson, State of Washington.
Parcel D:
A tract of land known on the Tax Rolls of Jefferson County, Washington, as Tax 63, in Section 2,
Township 30 North, Range 1 West, Willamette Meridian.
EXCEPTING THEREFROM the Easterly 220 feet, and less that part heretofore deed to the city of Port
Townsend for street purposes.
Situate in the County of Jefferson, State of Washington.
VESTED IN:
City of Port Townsend, a Washington municipal corporation
EXCEPTIONS:
1. General taxes and assessments, if any, for the year 2019
Tax Account Nos.: 991 401 601, 949 818 301, 001 023 005, 001 023 007
2. Easement, including terms and provisions contained therein:
Recorded: January 28, 1988
Recording No.: 312671
In favor of: Pacific Northwest Bell Telephone Company, a Washington Corporation
For: Underground Communication lines and aboveground telephone
equipment and cabinets
Refer to said instrument for the exact location.
3. Easement, including terms and provisions contained therein:
Recorded: August 14, 1986
Recording No.: 302491
In favor of: Pacific Northwest Bell Telephone Company, a Washington Corporation
For: Underground Communication lines and aboveground telephone
equipment and cabinets
Refer to said instrument for the exact location.
4. Easement and the terms and conditions thereof:
Disclosed by: Instrument No. 308634
Purpose: Ingress, egress and utilities
5. Any claim to (a) ownership of or rights to minerals and similar substances, including but not
limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on,
or under the Land or produced from the Land, whether such ownership or rights arise by lease,
grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges,
immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or
not the interests or rights excepted in (a) or (b) appear in the Public Records.
Commitment No. 61731 Page 4 of 4
4
6. Lease and the Terms and Conditions Thereof.
Lessor: The City of Port Townsend
Lessee: Mike Early Golf Shops, Inc.
Term: Starting February 01, 1987, Ending January 31, 2002
Dated: February 20, 1987
Recorded: June 23, 1987
Recording No.: 308634
Assignment of Lease and Amendment of Lease and the terms and conditions thereof:
Lessee’s interest assigned to: The City of Port Townsend
Term of Lease extended to: An Additional Ten (10) Years
From: January 31, 2002
Dated: June 05, 1987
Recorded: June 23, 1987
Recording No.: 308635
Assignment of Lease and the terms and conditions thereof:
Lessee’s interest assigned to: City of Port Townsend
By assignment recorded: August 24, 1987
Recording No.: 309900
Memorandum of Agreement and the terms and provisions contained therein recorded on
September 04, 1998, under Recording No. 394369
NOTE: We not the above Lease terms have expired, but because the Memorandum states that it
may be extended without further notice to title, we are unable to eliminate the lease from title.
7. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and
rights of tenants and secured parties to remove trade fixtures at the expiration of the terms.
8. NOTE: The legal description for Parcel D does not affectively delineate the boundaries of said
property. We advise having an engineer create a legal description because there is none of record.
9. Evidence of the authority of the officers of The City of Port Townsend, a Municipal corporation,
to execute the forthcoming instrument. Copies of the current articles of incorporation, by-laws
and certified copies of appropriate resolutions should be submitted prior to closing.
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308634
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LEASE AGREEMENT . _._:.:~/8:L~S.-jj~:~~r:1}j~)~;-:,
This Agreement is made and entered into thls :;r~.".':~--A~
·of [:e6, , 19~, by and between the City of Port ·
Townsend, a City of the third class in the Sta~e of Washington,
hereinafter called "City;" and Mike Early Gal f Shn);ls Inc
·• a Washington corpor
hereinafter known u.s "Lessee~"
~: \~·",. WHEREAS, the City of Port Townsend owns certain real . ·, :.· .... '
ptoperty within the limits of the City, more particularly des-
cribed in this Lease Agreement below, which was leased by the City
to the· Port Townsend Municipal Golf Club beginning July 1, 1927,
through July 1, 1942, for the operation of a municipal golf club;
~d . . . . . .. . . .
WHEREAS, said· Lease :A~'ement was extended .to July 1, .1952,
and la~er to July 1, 1967, and
WHEREAS, the Club's interest therein was· later assigned
by the Club to the Benevolent and Protec'tive Order of Elks, Port
TownsEmd Lodge Number 317. on February 28, 1961~ and
WHEREAS, the Lease. was finally extended in favor of the
Elks Club on October 3, 1961, to extend ·tip to December 1, ·1986; and
. . WHEREAS,· the Lessees. have operated the golf course under.
an interim Lease Agreement to provide for the continuous use of the
premises for a municipal golf course, until such time as the City
of Port Townsend decided upon the continued use of .the proper.ty
c-and the operation thereof, Ol". until such· time as the parties hereto
could negotiate and agree upon another Le.ase Agreement,. and
WHEREAS, the City requested proposals for lease and now
· desires to lease the premises to the Lessees,
NOW THEREFORE, the City and the Lessee, in consideration
of the mutual. conditions and promises contained in this Agreement,
·do agree as· follows:
1. LEASE TERM The City does hereby lease and let to
the Lessee, all of the lands and premises herei-nafter described
as a nine-hole regulation golf course for a term of fifteen ( 15)
years, except as otherwise provided herein, beginning on
February 1 1987 · ., and ending on· January 31, 2002
on the terms and conditions contained in this Agreement:
~~1 C)f_Lots 1 to.B inclusive in~~~~~ Lots 1~2
3, 4., and 8 ~·ntte:,~ ;JL8~i: all o_f ·~ffi~}'lt~ Lots 5, 6, .and 8 ~n . ·· ~b'i~~~~ all in .~q~'¥BJPto the City c;>f Port -Townsend,. . Jefferson County, Was . . ·Ol'F,'"'a·cc-ord-rng to the off~cial plat . ·
.thereof now on fife arid of record in the· Auditor's office of said county~ also two 'tracts of .land known on the tax rolls of Jefferso-n
· • . · 220 .feet, and less that part heretofore deeded to the City of Por.t
Townsend for street purposes, both of such excepted parcels being
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County, Washington, as tax numbered 63 and tax numbered 84, both in
Section 2, Township 30 North, Range 1 West, W.M., less the Easterly
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; ~n sapid ktax dnumbered 8b4. 8T2axknumber 86h, kbnown as thed Lucinda .Hast-·.I' 1 ~ngs ar an tax num er , nown a& t e all groun s.
· . All situated in the City of Port Townsend, Jefferson · I
I County, Washington. EXCEPTING THEREFROM that portion of the property l £ . : .. dP«,...rihPd. in Exhibit _A __ . , attached hereto and by this reference ll ~ 1 1987 pd ·her,ein as if set forth in fuil • . L ·--~:·~~:··',.·_,,""L'jj -l-vS. 240 ~~.c445. !
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7. INDE!>!NITY AND HOLD HAID!LESS The Lessee shall indemnify.
and hold harmless the City of Port Townsend, its officers, agents;
employees, contractors, and assigns, from'and against any and all
liabUity, claims~ damages, and all an-d any other liability of ·
whatsoever kina; and nature, for all property damage, personal
injury, or death, caused or arising out of the use of th~ leased
. _premises,· which may be incurred, or suffered by any person whom..;
so~ver, and by whatever cause, also including but not limited to
any passersby or neighbors of the golf course and their property.
·In addition,· this indemnity and hold harmless agreement shall include
all attorney's fees and costs incurred by the City in defending,-
compromising, or dealing in any way or manner with any of said slaims.
8. PURPOSE The premises shall continuously be operated-
only as a regulation nine-hole golf course. In addition, Lessee shall
establish and operate a driving range and shall operate a conference
center as hereinafter provided for in this Agreement. The Lessee
may also·. provide and operate, incidental and secondary to the above
purposes, a golf pro .shop: snack bar/food service: and golf lessons.
It is further heretq agreed and stipulated by -and between the City
and the Lessee, that this Lease is to be considered so far as the
law will permit, a mu'li.ual agreement to promote the commercial, social
and economic welfare and interest of said City and its inhabitants
thereof and to exte;nd and stimulate the same, and should any difficul-
ties arise. in construing 9r interpreting this Lease between the ·
_parties hereto, the mutual and commercial, social and economic welfare
and interest of. the City and its inhabitants should be at all ·times
be considered in making adjustment of any differences that may arise
between the parties hereto. The premises shall not be used for any
other purpose without the prior written.consent of Lessor.
9. ASSIGNMENT/SUBLET This Lease Agreement may not be
assigned by the Lessee nor may any part of the premises be sublet
by Lessee, without the prior consent of the City.· The City re-
·serves the right to withhold consent to assignment or subletting
of the premises, unless the City is satisfied that the proposed
assignee or subtenant is qualified, capable and experienced in the
-operation and management of a golf course facility, an~ is suffi-
ciently financially responsible to perform the terms of this
Agreement. ·In the case of the Lessee corporation, any transfer
by the existing principals of the corporation of ten percent or
more of its controlling stock in. the corporation, or any additional
issuance of shares or any other act of the corporation which results
in the principals OI." either one of them giving up ten percent or
more of the control of the corporation shall be deemed an assignment
or sublet, for which the prior written consent of the City shall be
required.
10. UTILITIES The City shall provide water to the premises,
·'on ·an "as available" basis. Lessee. understands and agrees that in
the event of any necessary curtailment of water service within the
City, that the water supplied hereunder shall be curtailed or
limited prior to curtailment or limitation upon the supply of water
.to regular cust~mers of the City.
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. -The Lessee shall pay any and ·au other utility charges,--I I real estate taxes, and any and all other taxes, charges and expenses
associated with or arising from the use and occupation of-the pre-
m~s~s and the operation of the golf course.
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1 11. EXISTING CONDITION OF PREMISES Lessee has inspected J: :j
. the property, building and. improvements upon the leased pretai se s, ! · I l i '•C ·.t':d~ccepts the s=• AS IS, without any warranty of fitriess of any 1: ··I
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12. BOOKS AND RECORDS The Lessee shall at all times,
upon request by the City, provide to the City all of its books,
. records, receipts, and documents pertaining to the use and occupa-·
.. tion of the premises .-and operation of the golf course, and all other
facilities and services provided on the leased premises. · ·
13. PRAIRIE PLANTS The areas described in· Exhibit A, page 1,
are understood to be reserve areas of native prairie plants and foli-
. age. Lessee agrees with respect to such areas as follows:
A. The public shall generally have access to said areas~
so long as they do not inter-fere i·ri th or. obstruct the operation of
·the golf course and the use-of_ the golf course· for playing gol.f.
Access to and from said area shall be only by the street described
in Exhibit A.
B.. The Lessee .shall not in any way or manner disturb
· the areas.
c. The Lessee shall not do or perform any maintenance
in or upon these areas, except upon the written· consent or direction
· of the City •..
D. The Lessee shall not plant any trees or tall shrubs,
or. do any other act, whic::h wo.uld shac'.e the ·areas from the South.
·E. The Lessee shall not directly apply in or upon the
areas, any herbicides, pesticides or fertilizers, or water the areas.
F. · It is ·understood and agreed that the reserve areas
:shall be maintained and under· the exclusive control of the City, or
its employees, contractors, or other parties under the d_irection of
the City, and shall be available for viewing by members of the public,-
as set forth in this Section. '
.14. OPTION TO EXTEND TERM. The City grants to. the Lessee, an
option to extend the lease term for an additional period of ten
(10) years, commencing upon expiration' of the original fifteen (15)
year term, so long as the Lessee is not,in default hereunder, and
provided that Lessee provide wri ttE'n notice of its intent to exer-
cise said option no later than one (1) year prior to expiration. of
the original lease term,· provided however, any extensions shall f-irst
be subject _to the pa-rties agreeing in. writing upon the amount and
manner in which rent is to paid. during the term of any such extension,
Unless otherwise ag;-eed, ·all other terms_ and provisions of this Lease
. Agreement shall continue· through any extension or renewal hereof.
15. MAINTENANCE AND REPAIRS Lessee shall keep the grounds,
course and structures on the l.eased pre~nises in a good, safe and
attractive condition, and make repa.irs to and paint the structures
thereon as may be found necessary to keep them in good appearance
and. repair, all at Lessee ··s own cost and expense~ At the end of ·
the_ lease term, or any extension or renewal thereof, Lessee shall .
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\~ quit and surrender the premises in as good a condition as the_ reason-
able use thereof will permit, including the building to be cor~str.ucted · ·
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upon tb.e.premis!;)s, which shall be left in as good .a condition .as it ·
was upon its completion as the reasonable use thereof shall permit,
·and Lessee shal:t not make any alterations, additions· or improve-
ments to the premises without prior written consent of Lessor. The
foilowing items, however, shall not require consen.t of Lessor: re-
pair and improvement of all tees; repair of sand traps and addition
of sand if required; fertilizing and seeding of all fairways and
greens; and installation of new tee benches, markers and ball washers.
~ All erections, alterations, additions and ilrq):roverrents shall be the ·~ _;~-~-_-_:· ___ :_· .. _"_';;-~ property of tie lessor, except for furniture or rovable trade fixtures installed at t , · ·. J ... -·---• .. __ .:, .. j)f lessee and shall remain upon and be surrendered with the premises j ~ : · ) JUNE 23'~ 1987 ~reof at the. tennination of this lease withrut compensation to Lessee. ~ f·.~-, .. ',:, ··c;-Lessee rurtner agrees to keep all the leased premises i."l a clean and sanita.I1·
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condition, free from all inflammable materials and trash, and
shall not allow, caus.e or permit any nuisance thereon.
16. ADDITIONAL DUTIES OF LESSEE
and perfoi1!l the_ following things:
The Lessee agrees to do
A. Establish a water system throughout the golf course
to wa·te;-the. fairways and greens •.
B. Plant fifty (SO) additional trees throughout the
· • golf course.
·:. C. Renovate or reconstruct nine (9) new tees;
D.··-Cons-truct and _establish a driving range.
E.-. Add protective screens at· the No. 8 green and No. 9 tee.
F. Do all interior construction and improvements to
the new building to be installed. ·
11. ADDITIONAL DUTIES OF CITY following additional duties: The City shall have -the
. . ·A. The City will install one six inch water main line
·through the golf course, to provide water for the water system to be
installed and constructed by the Lessee, as ,set forth in Exhibit _c __ • . The City shall perform 'this subparagraph on or before April 1, 1987.
B. The City shall remove and replace the existing_club-
house with a -building, as set forth in Exhibit _D __ -I provided
that the maximum cost thereof fully installed to the City shall not
exceed $55.000.00 · , and Lessee shall pay any additional cost·
thereof. The blilding to be -erected shall be approximately ?400 square feet.
C. -The City shall provide and establish parking spaces
for the_golf course in· and around thE! clubhouse· area within the · le-ased premises, in accordance with Exhibit· E •.
D. The City will cooperate with the Lessee in trying.
to help Lessee obtain loans for improvements and capital_ expendi-
tures made by Lessee hereunder, with however no financial or security obliga-
tion of the City. -
18-. DEFAULTS AND CURE If the Lessee shall default in any
of the terms and conditions of this Lease, or if the golf course is
not kept in. good operating. condi.tion, or if Lessee shall abandon· the
property, then in any one or more of _such events, upon the Lessor
serving a written thirty (30) days notice upon Lessee specifying
the nat)lre of said default,· and upon expiration of said thirty ( 30)
days, if Lessee shall fail to comply with or remedy said aefault or,
if said default ~annot be completely cured or remedied within said
·thirty (30) days, and if Lessee has not diligently commenc1.7d curing
said default within such thirty (30) day period and shall not with
· reasonable diligence and and ·in good faith proceed to remedy said
default, then Lessor may serve a thirty (30) day notice of cancel-
lation of the Lease upon Lessee and upon expiration thereof, the
Lease and the term thereunder .shall end and expire and this Lease
shall 'be terminateq, and· Lessee shall then quit and surrender the
·leased premises to· Lessor. . .
If Lessee shall make default of the payment of the rent·
_herein provided or any item of additional rent herein mentioned or -any part of either, or in ·the making of any other payment herein
provided for, then Lessor may upon thirty (30) days written notice
reenter the golf course premises and ·take possession of the same, and may ___ terminate this Lease.
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In the event of any defauit hereunder, whether the Lease
is terminated by Lessor or not, Lessee shall continue to be respon-sible for the monthly rental due hereunder, and, if the Lessor is
1-----'---ab-1-e-te-r,e-1-e-t----t.he-p-r-em-i-se s to som~z:.t:--¥-t--fG-r-a-r,en-t-1 e s s-than
that called for in this Lease Agreement, the Lessees agree to pay
the difference of said rent which would have been due had this lease continued. ·
The foregoing rights and remedies are not intended to·
be exclusive, but as additional to all rights and remedies Lessor
would otherwise have by law. ''"·~'-;,,:
19. TERMINATION This Lease· Agreement may be terminated
by the City upon any default by the Lessee in performance of any
of the terms or condi-tions herein, in the manner set forth in the
preceding a·rticle. This Lease shall further terminate upon the
expiration of the term hereof, or any renewal or extension of th_is
Agreement, at which timP. Lessee shall peaceably quit and surrender
the premises to Lessor. Any holding over by the Lessee upon the
.. premises after the te:r;minat16n of this Lease Agreement shall be
strictly on a month-to-month basis, and rent shall continue to
accrue in the ~oun~ last paid by Lessee prorated on a monthly
basis, and the remaining terms and conditions of this Le~se in such
event shall apply to the extent applicable.
20. NOTICES Service of any notice required or agreed
.to be given ~er ·shall be .sufficient if sent by certified mail
to the other party, or by personal service. In the case of notice
by certified mail, notice shall be deemed giver three .(3) ·days
.following date of postmark. In the case of personal service of --notice, notice shall be deemed given at the til'!le served. All
notices shall be mailed or served upon the parties.as follows:
Lessor: ·
City Clerk Treasurer
City Hall
Port Townsend, WA 98368
·Lessee:
Mike Early Golf Shops, Inc;, dpa Spring Valley GC and Conference Center
1948 Blaine Street
Port Townsend, WA 98368
·21. LESSEE 1 S BANKRUPTCY If at any time during the term
of· this lease Lessee shall make ·any assignment for tl:te benefit of creditors or be decreed in sol vent or bankrupt according to law, dissolves, or·
if a receiver shall be appointed for Lessee, then Lessor may, at
its option, terminate this lease, by notice thereof upon such
assignee, receiver, trustee or other person in _charge of the 'liquida-
tion of the property of the Lessee or:of Lessee's estate, but such termination shall not relieve or discharge any payment of rent
payable hereunder and then accrued, or any liability then accrued
by reason of. any agreement or covenant herein contained on the part
of Lessee or the Lessee 1 s legal representative.
22. UTILITY METERS All present meters covering the use of·
·electricity, gas, water and any and all other utilities pertaining
to· the operation of the golf course shall' be transferred to the name_
of Lessee who ~hall assume and pay all such meter charges except as ctherwise provided in this Agreement, to be effective on o::mrencerrent of the lease · term. ·
23. INSPECTION tiF PREMISES Lessor shall have the pri-
vilege of inspecting the leased premises or any part thereof at any
time during the· duration of this Lease Agreement or any extension or
renewal hereof, by giving Lessee two days prior· written notice of
such inspection, except, in the case of emergency, no prior notice will be. require~ •.
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V'~ 240 ;:,_ 450.:
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i4. GOLF COURSE NAME Lessee shall ··use the name
Spring Valley GC and Conference Center , only, in connection with the operation of the golf course during the term of the lease and all
e~tensions and renewals thereof, ·unless otherwise agreeq 'by the
parties hereto in writing.
2?. GOLF COURSE BUSINESS AND GOOD WILL The business of operating the golf course, and any good will or going concern value
thereof, shall not be assignable or transferrable by Lessee, except
to the ext.ent that such business can continue to be operated under
this Lease or any extension or renewal hereof. In the event this
Lease is terminated or the term or any extension of this Lease
expires;. the business of operating the golf course and any part
thereof shall also revert to the Lessor, without any compensation
to Lessee, ·
26. WAIVER Failure of Lessor to seek redress for viola~· tions of or ~ist ·upon the strict performance of any covenants
or conditions of this Lease and any and all extensions or renewals
hereof shall not prevent a subsequent act which would have originally
·constituted a violation from having the force and effect of an
original violation. The receipt by Lessor of rent with knowledge of the breach of any covenant of the Lease shall not be deemed a
waiver of such breach. No provision of this Lease Agreement shall
be deemed to. have been waived by Lessor unless such waiver shall
be in writing and signed by Lessor .•
27. MECHANICS LIENS Lessee covenants and agrees not to
allow any mechanics or materialmen's liens, or any other lien,
charge or encumbrance to exist or be imposed upon or accrue against the property leased hereunder. In the: event that .any such lien is
filed against the premises, Lessor at its option,· after thirty (30)
days notice to Lessee, may terminate this Lease and pay said lien;
without inquiring into the validity·thereof, and Lessee·shall ·forth-
with reimburse Lessor the total expense incurred by Lessor in dis-
charging said lien as additional rent hereunder.
28. COMPLIANCE WITH LAWS Lessee at its own cost and
expense shall promptly·comply with all. laws, orders and regulations
of federal, state, county, municipal and city authorities and with
any direction of any public officer or officers pursuant to such
laws, which shall impose any violations, order or duty upon Lessor
or Lessee with respect to the leased premises or the use and occupa-
tion thereof, as par~ of the operation of the golf course business.
29, EFFECT OF AGREEMENT This Agreement shall be binding upon and inure to the benefit of the parties, their· heirs, successors,
personal representatives and assigns.
30 .• ENTIRE AGREEMENT This Agreement is the entire Agreement of· the parties, and it may only be modified or amended by the parties
. in writing, executed by both parties hereto.
31:. APPLICABLE LAW/VENUE This Agreement shall be governed by the laws of Washington State, and venue. for any action hereunder
shall .be in Jefferson County, washington. ~. ~~~t~:
32 •. ATTORNEYS FEES A.'I\TD COSTS .. In the event that either party must bring any action under this Agreement or to enforce the. terins
and provisions hereof, then in such event the prevailing party as
'determined by the Court shall he entitled to also recover reasonable ~ttorney's fees and Court costs.
,i I
...,...__..,.... _____ h~-· ..,'"I"P'""•""'.'*""i''""-" .... "''""'""'""""'""·~~..,..,...., .• .., . ...,_.., . ..,. _...,...&li.., . .., ..... ,p,..-;;,;·;;..,w _ _,...~....,~---""""'..,:.,rn ____ _,_.,.. ___ iil!""Wrftl-~;
3~. · CONFERENCE .CENTER As a material term and cond):tion
of this Lee:. ·e _" .• -, ceement, that portion of the building to .be: erected
shown on Exll .. bft _o __ as a conferenc.e center shall at ail: ti!_lle~ ·.
during the term hereof and during any extension o.r renewal, be used
exclusively for a conference cen'ter pursuant to' RCW 67:28 ;180~ so
that the structure at all times meets the criteria of .. that S!=!c;::i::ion, and any rules .and regulations of the State of Washingtci'n piirsUan.t
thereto. Lessee may charge a reasonable hourly or. daily fee :roi" use
of the conference center by the public, which fee shall only _re im-
burse Lessee for actual costs for each use, such as utilities and ·
clean up, and not to include capital. costs of. the City. Tre center shall i::e operated by Lessee and be available to the public by .booking. and
scheduling with Lessee. The parties agree that this paragraph shall
be subject to amendment upon request of the.City at any time only to
the extent necessary to assure continuous compliance with RCW 67 28.150,
for the reason that funds collected by the City pursuant to RCW~80
were used in the construction of the building.
34 •. NONDISCRIMINATION Lessee shall not discriminate agains~
any employee. or person whatsoever because of race, creed, color,
. religion, sex or nati~nal origin. Lessee shall at all times comply
with any and all federal, state or local laws, rules or regulations
against discrimination, including any such provisions which may apply
to Lessor which, by law or contract, Lessor is required to assure
compliance by .any of its contractors.
35. UTILITY EASEMENTS The Lessor reserves in and upon the
leased premises, utility easements, as set forth on Exhibit ._A __ ,
attached hereto and by this reference incorporated into this Agree-ment as if set .. forth in full. · ·
36. RECOVERY OF-LESSEE'S INVESTMENT The parties estimate
that Lessee may make capital improvements to the leased premises during
the first two years ·of ·this lease (1987 and 1988 calendar years),·
costing $100,000 more or less, for a sprinkling system, additi'ons and
improvements to the building to be built by the City, and other fixed, non-removable improvements. If'this lease is terminated by the .City
in any' ·year listed bel_ow, Less~e shall be entitled to receive from
Lessor a prorata reimbursement of his capital outlay, which shall be
a percentage of the documented and proved capital expenditures made
by Lessee in 1987 or 1988 only, for fixed, non-removable i·tems which
shall have been approved by.the City in ~dvance under Section 4:
1987
1988
1989
1990
1991 1992
·' '1993
1994
1995
1996
1997 to end
100% 90%
80%
70%
60%
SOlis
40%
.30%
20%
.10\
-o-
No interest shall accrue on such amounts. Notwithstanding the above, the.City shall not be required to
pay Lessee if this Lease is terminated by the City for any default ·hereunder by Lessee, or if. terminated pursuant to Sections· 21 or 22.
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~7. MAINTENANCE OF POND The Lessee shall be responsible
for all maintenance of the pond and adjacent areas, which are leased
hereunder, and shall maintain the same in as good a condition as it was at commencement of the lease term. In· maintaining the pond and
shoreline areas, the Lessee shall be responsible to comply with all
applicable state, federal,· O!." local laws and regula.tions. ·
38. MAINTENANCE OF ROAD · The City shall be responsible
·for maintaining and improving the surface of the existing road, and any extensions or widening thereof which is m~de by the City •. ,
39 •. DAMAGE OR DESTRUCTION OF PREHISES . In the even-t that
.'the leased premises or a major portion thereof shall be damaged or
destroyed by casualty, fire or otherwise, to an extent which renders
them untenantable, as the City ·may determine, the City may rebuild
or repair such damaged or destroyed portions, and use any available
insurance proceeds therefor, and the obligation· of the Lessee to . pay rent hereunder shall abate prorata. as to such damaged or des-
troyed portions during the time.they shall remain untenantable. In
· the event the City elects not to proceed with the rebuilding or
repair .of the leased premises if so damaged or destroyed, or shall
fail to proceed with such repair or rebuilding for a period of sixty
· (60) days after. the damage or destruction, then either party may,
at its option, cancel and terminate this lease and agreement. In
the event that the premises are not rebuilt or repaired, the insur-ance proceeds shall be payable and may be retained by the City. . .
40. CORPORATE AUTHORITY As a condition of this Lease
·Agreement, the Le.ssee shall provide to the City a resolution of. the
Les.see's Board of Directors, and minutes of a Director's meeting at
which the same was adopted, which authorizes the Lessee to enter
into and execute this Lease Agreement. The resolution and minutes
shall be certified bY" the Corporate .Secretary as true and correct
copies of the originals, or the Lessee may provide original documents. Lessee does hereby certify that it is authorized to duly execute this
Agreement and to be bound by the terms hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date and year first indicated above.
STATE OF ·WASHINGTON'
COUNTY .OF. JEFFERSON ss.
By~~~~~------~---------se·cretary .
I certify that I know or have satisfactory evidence that
Brent Shirley and David Grove signed this instrument; ·on oath stated :that they were authorized to P.xecute-the instrument and acknowledged
· i.t as .the Mayor and City Clerk, respectively of the City of Port
. .. · .. Townsend to be the free and voluntary act of such party for the uses
JUNE"· 23';1 1981 reli> m~ntioned in the instrument.
... ~-:::~~~';:::;'~c:L_j:,·:r;;:}'
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24(l ~~~ .. 453
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·Dated this ~-day of ~ 1987.
STATE OF NASHINGTON ) r ss COUNT~ OF JEFFERSON ).
; ..
r the State of
Port Townsend. .:s--P-¥7
know or have satisfactory evidence that
and
oatn stated that they were authorized to
execute the instrument and acknowledged it as the President and
Secretary, respective·ly, of r.Uke Earl.Y...QQl.f:.,..S~h!.!.o~p.:i!s.z..,~I~n~c:.:·----::----to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
r the State of Port Townsend .r-?-?7 ,
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EXHIBIT' A TO LEASE AGREEMENT
_ The following portions of the premises are reserved to and
retained by the City:
··1. Prairie Plant Areas (two): Legally described as follows:
2. Road Easement. An easement, fifteen feet in width,
. running over the existing road acro'ss the golf course from Blaine
··-Street to the Clubhouse, measured seven and a half feet on each
side of the. center line thereof. The City may go upon the prope'rty.
to locate stakes or other markers establishing the same. ~ . .l"!i·s .ease-·
men t .is for the following purposes:
a~ Ingress and egress. over,· under, upon and. through
said street for any and all public utilities; for access to the
conference cente.r and parking area by the public; for access to
the prairie plant areas described above; and for purpose of 'main-
. tenance, repair, widening, and all or any other type of work upon
said road, together with all slopes, cuts and fills and related
work or improvement thereto; and for the exercise of all other
rights of· the City pursuant to_ this Lease Agreement.
b. This easement is for the benefit of the City, and
its employees, conu:actc•rs and assigns, and all ·or any part of the
public generally as determined by the City.. The City may specifically
grant utility easements to utility districts or companies.
3. Parking Lot Easement. An easement in, over, under, upon
and :through the entire area of the existing parking lot, for the pur-
pose of maintenance, repair,-improvement or expansion, and for the
parking of ·vehicles in connection with the use and enj.oyment of the
conference center and any expansion thereof, and the prairie plant
areas, to be used by the City, its contractors, assfgns and all or
any part of the public generally as determined by the City.
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. 4. Building Expansion and Use. An easement seventy-five I
feet. in width, encircling the entire new building to be constructed, \
as measured seventy-five feet from each outer wall, for the purpose 1 1 of future expansion of the building to be constructed on the i I ,,. ... ;:::y,;:\. --premises,·· in, over," under and· upon the premises, together with the )
~~t :'·.!·._:·. _--~--1 ••. ~--riaht to, use adjacent areas for all construction, maintenance and ,
1
,. _ .. -; JUNE 23·~ 1987 ~hereof. In the event the City elects to expand the
t r· ·· · -----, . . _ -1-...... 240 ,..,_455 1
1 L.=.:._~-=------~ -~-~ --o-~,---;--------~--~---,-~ .,--~~;~_:_~~ :s·_:.~~-----. --:i---:-=---:~~~~--:~~
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EXHIBIT A (con't).
building, including. but not limited to, additional conference/meeting
room area or facilities, that portion of the building and land shall
be retained by the City in fee simple~ and controlled and operated by it, unless the cfty and Lessee renegotiate and agree in writing
.upon rent and other lease terms for the lease of such additions to
the Lessee. In the event such expansion is made, the easemen tl3 set
forth herein shall also·serve the same for construction, maintenance,
repair and the use and enjoyment thereof by the City, its contractors, assigns and the public generally. ·
5. Utility Easements. An e~s~me~t in, over; ~nder, ~p~~-
·. and through the entire leased. premises, including but not limited·! to
the pond, for construction,, installation, maintenance, repair, use
and operation of all public utilities, including _but not limited to
·water, sewer, electric, telephone, cable television and storm water
·drainage. Utilities shall be installed and maintained in a manner
with· minimum interference with use of the golf course·. Without ·
limiting the foregoing, the City retains the right to use the-existing
pond and any expansion thereof ·-for stormwater utility purposes,
including but not limited to installation, construction, maintenance,
repair and use of a stormwater utility system in, over, under, upon and through said pond, together with all lines, ditches, trenches
or culverts to and f_rom the same to connect with city streets and
facilities, and the operation of any pumps, equipment and other
facilities necessary ·thereto. ·
. VOL . 240 ~;.~ 456
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EXHIBIT C TO 'LEASE AGREEMENT: Water L.ine Location
240 ·~-'458
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'-:-· .~.:~_ ~~~ ... ·:-. '· . ~-.. ~--·. . --..~ .'
. . . .".' .. ·-·:-·
,;Ci. .240: ~-~ .. , 459
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EXHIBIT E TO LEASE AGREEMENT: Parking Spaces
·:: .. .....
Parking spaces to be established by the City shall be on and
adjacent to the exising parking area next to the clubhouse/ conference center, and shall be constructed in accordance with minimum City spe:ifica~ions.
I . JUNE 23:;. 1 987
·.!
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305635 ... ----s-loAn ..m. :r-·.lt123 '::iii: ·:.c
»tENDt1E!IT TO LZASE AGREEMENT -~c~:'i·.t.i.;:L'ji;c~:;·~
This Amendment to Lease .Agreement is ma.de 't:hts--5-bl.--"':::·
day of -~~€: , 1987, by the City of Port Townsend,
hereinafter "City;" and Mike Early Golf Shops, Inc., a Washington
Corporation, hereinafter "Lessee."
WHEREAS, the parties entered ipto a lease agreement for
a term of fifteen y"ars, dated ,. · i,Ft-hruary:i• >cyyxl(, 1987,
for the lease of a golf course by the City to the Lessees, and·
WHEREAS, the.parties desire to make certain amendments to
the lease agreement to more clear:y se_t forth their intent and
their agreement, now therefore
IN CONSIDERATION of the mutual covenants and conditions
hereinafter set forth, the· parties agree as follows·:
A. The following paragraphs of the certain lease agree-
ment described above are each here and hereby amended to read
as ~et forth below:
2(8). Percentaqe of Gross Receipts: The remaining
rent for each year determined by percentage of gross receipts
shall be paid on or before January 15, immediately following the
calendar year for which the rent is due, starting January 15,
1989, for rent due for 1988 shown above. A calendar year shall
be Janu~ry 1 through December 31.
3. Public Use and Rules: The golf course and links
shall at all times be assessible to all of the citizens of the
City and its visitors thereof, to play golf thereon, subject how-
ever to such rules and regulations specified by the Lessee and
submitted in advance to the City for the City's acceptance and
approval, or as may be mutually agreed to by the City and the
Lessee. The rates to be charged exclusive of applicable sales
tax for the use of the golf course shall not exceed the following:
a. 1987 and 1988: $ 7.00 per 18 hole round
b. 1989 through 1991: $ 8.00 per 18 hold round
c. 1992 through 1996: $10.00 per 18 hole round
d. 1997 through 2001: $12.00 per 18 hole round
The rates to be charged for nine hole rounds shall
set by Lessee, but shall not exce"ed the amount set forth above
for 18 hole rounds.
In the event that the Lessee wishes to charge higher
rates than those set forth above, the Lessee shall first obtain
the approval of the City Council for the City of Port Townsend,
in writing •
be
If Lessee exercises its option to extend the term of
this Lease Agreement, rates to be charged beginning in the year
2002 may be established based upon a 20\ increase over the rates
set forth in subparagraph (d.) above, plus any other additional
amount approved by the City Council; and may·be a~justed by 20\
every three years thereafter for the term of such renewal.
A>tF.NDMF..NT TO LEASE AGREEilENT -1-
JUNE 23';. 19aJ
YCI. 240 .. ~ . .461
---·-···-------·-;-:------·--.
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----_:...: __ -:-~---------------.:.----'-----·
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Lessee may add to the applicable rates set forth above
any state or local sales tax imposed.
10. Utilities: The City shall provide water to the pre-
mises, on an "as available" basis, for irregating and waterinq
purposes, without charge. Lessee understands and agrees that
in the event of any necessary curtailment of water service within
the City, as determined by the City, that the water supplied
hereunder shall be curtailed or limited prior to curtailment or
limitation upon the supply of water tu =e;ular cu~tomers_cf the City. .
Wacer to the clubhouse building shall be metered
service, and Lessee shall pay the regular metered rate for commer-
cial customers of the City for such metered water.
The Lessee shall pay any and all other utility charges,
real estate taxes, lease hold taxes and any and all other taxes,
charges and expenses associated with or arising from the use and
occupation of the premises and the operation of the golf course.
12. Books and Records: The Lessee shall at all times,
upon request by the City, provide to the City all of its books,
records, receipts, and documents pertaining to the use and occupa-
tion of the premises and operation of the golf course, and all other
facilities and services provided on the leased premises. The City
may request such records at any time during normal business hours,
by giving two days advanced notice to Lessee. The City shall
have the right to copy any or all of such records, and pay the
costs thereof. Any prepared financial statements or tax returns
shall be made available semi-annually, upon two weeks prior notice
to Lessee from the City. All other records, receipts and documents
and books which do not re~~ire special preparation shall be avail-
able as set forth above on only two days prior notice.
13. Prairie Plants: The areas described in Exhibit A,
page 1, are understood to be reserve areas of native prairie
plants and foliage. Lessee agrees with respect to such areas
as follows:
A. The public shall generally have access to said
areas, so long as they do not interfere with or obstruct the
operation of the golf course and the use of the golf course for
playing golf. Access to and from said area shall be only by the
·street described in Exhibit A.
B. The Lessee shall not in any way or manner 'distrub
the areas.
C. The Lessee shall not do or perform any ~aintenance
in or upon these areas, except upon the written consent or
direction of the City.
D. The Lessee shall not plant any trees or tall
shrubs, or do any other act, which would shade the areds fro~
the South.
E. The Lessee shall not directly apply in or upon
~: :~:::: any herbicides, pesticide_s or fertilizers, or water
JUNE 23-;. 1981 TO LEA3E AGREEI·IENT -2-
.-------------·--· ------------7----_ . ---_.:__ __ -=----------~-;----· ~-... --·
0
F. It is understood and agreed that the reserve areas
shall be maintained and under the exclusive control of the City,
or its employees, contractors, or other parties -under t~e direc-
tion of the City, and shall be available for viewing by members
of the public, as set forth in this Section.
G. The City agrees to hold harmless and indemnify
the Lessee against any and all clai~s for damaqes, personal in-
jury, or property damage, occurrinq in. and upon the reserve area,
except such damages, injuries, or property damage occurring by
reason of the Lessees negligence.
14. Option to Extend Term/Right of First Refusal: The
City grants to the Lessee, an o~tion to extend the lease term
for an additional period of ten (10) years, commencing upon expir-
ation of the original fifteen (15) year term, so long as the
Lessee is not in default hereunder, and provided that Lessee
provide written not~ce of its intent to exercise said option
no later than one (ll year prior to expiration of the original
lease term, provided however, any extensions shall first be
subject to the parties agreeing in writinq upon the amount and
manner in which rent is .to be paid during the term of any such
extension. Unless otherwise agreed, all other terms and provi-
sions of this Lease Agreement shall continue through any exten-
sion or renewal hereof.
In the event that the parties are not able to aqree
by six (6) months prior to expiration of this original lease term,
upon a rental amount to be paid during the extended tern, and
therefore fail to agree upon terms of an extension of this lease
agreement, then in such event this agreement will terminate and
the Lessee will surrender the premises upon expiration of the
original lease term, PROVIDED HOI~EVER, that in such event, if
the City desires and seeks to lease the premises to some other
party, the Lessee shall have the first prior right to agree to
lease the property on the same terms and conditions. This right
of first refusal in the Lessee shall continue for a period of
six (6) months, being the last six (6) months of the original
lease term. Upon receiving any proposal for the lease of the
property from another party, the City will submit the terms there-
of to the Lessee, and the Lessee shall have thirty days, but in
no event later than expiration of the lease term, in which to
exercise its right to first refuse to accept a lease of the
property upon those same terms and conditions, by notifying the
City in writing of its intent to do so. If the Lessee fails
to notify the City of its election to accept a lease on those
same terms and conditions within said thirty day period, the
r.essee's right of first refusal will lapse and therefore be of
no further effect, and the City shall then be free to lease the
property to others on those terms and conditions.
36. Recovery of Lessee's Investment: The parties estimate
that Lessee may make capital improvements to the leased premises
during the first two years of this leasP. (1987 and 1988 calendar
years), costing $100,000 more or less, for a sprinkling system,
additions and improvements to the building to be built by the
City, and other fixed non-removable improvements. If this lease
is terminated by the City in any year listed below, Lessee shall
be entitled to receive from Lessor-a prorata reimbursement of his
capital outlay, which shall be a percentage of the documented and
proved capital expenditures made by Lessee in 1987 or 1988 only,
for fixed, non-removable items which shall have been approved
"-·· ... A t:ity in advance under Section 4:
JUNE 23-,. 1987
L----AMENDMENT TO LEASE AGREEMENT ,,,,.
--. ·-----· -----· -------.------------:--·--:;:---~---;;.~---.. -...
----:-:----:-----------~---~·---:.....:. __....;
0
0
.
1987 100\ 1993 40\
1988 90\ 1994 30\
1989 80\ .-·-1995
1990 70\ 1996 10\
1991 60\ 1997 to end -a-1992 SO\
No interest shall accrue on such amounts.
Notwithstanding the above, the City shall not be requi=ed
to pay Lessee if this lease ts terminated hy the City for any
default hereunder by Lessee, or if terminated pursuant to Section
21.
Notwithstanding any other terms of this paragraph, the
right of Lessee to recover its investment as set forth above,
and the obligation of the City to pay the same, shall be personal
to the Lessee herein, and said right shall not be assignable
by Lessee to any otper person or entity for any purpose, and
shall not innure to the benefit of any party other than the
Lessee herein, other than to a financial institution for security purposes.
B. Exhibit n to the original lease is amended by
adding attached Exhibit 1.
C. Except as amended herein, the lease
described above is ratified and confirmed and shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have signed this agreement
as of the date and year first indicatert above. · .
STATE OF WASHINGTON
ss.
COUNTY OF JEFFERSON
LESSE~/a" &ett/ G!.ru?~bjJ JJ.C.-~£14, t i-&u~ uy~ident
By·~~~~~------------Secretary
I certify that I know or have satisfactory evidence that
Brent Shirely and David Grove signed this instrument, on oath
stated that they were authorized to execute the instrument and ?Ckno••ledged it as the Mayor and City Clerk, respectively, of
.•the City of Port Townsend to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
,._i.;';:.!"f.~-? .. Dated this .2&_ day of , 1987.
4}.~·~~~!' ~ ~;~-.:~. ~ . ~!1'#-0!.~~.,._-.._:s l t~}{~~~:;.~~~i "•,, .. _J, ... ~,, _ .. .......
JUNE 23> 1987 ~-rr TO LEASE AGREEHENT -4-
. ·--. ·-------------------------.---. ----------------------• •· ·r .. .-
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-----~---------~--.:.=-----:--------------:-_________ :-_: ___ .j
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STATE OF WASHINGTON
ss. COUNTY OF JEFFERSON
. I cert fy that I know or have satisfactory evidence that
. iOfl4. J. iJ.
sig ed this in tru.ent, on oath statead~tbh~a~t~e~h~e~,~-~e~<~e-aauu~thhoo~r1izzee~d~
to execute the instrument and acknowledged it as the President
iORii SeeFet;..-y, JFaspeeH ely, of Mike Early Golf Shops, Inc., .
to be the free and voluntary act of· such party for the uses and· purposes mentioned in the instrument.
Dated this S~fl; .day of =--jtm , , 1987.
NOTARY PUBLIC in an for the State of
Washington residing at ~:t Town$end
Hy comrniss:ion expires: • ,;,{ .fl9 •9'11
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::-=-!j,;~f/.~-j::·-r·~~·::-·-:-Mike Early· Golf Shop, Inc. -, . o.· ,. bere:i.riafte:r .__ , c!'ll~L'Tenant" is the Lessee lll\~e_f a. 1ee.se dated Feb.. 20, .19ai· ' .:mer~~_,,_.,
; .-.:
; '
~ncj W f?fae~J9T~M~5~i~6e~ fhl9~61 m c) as·s ·, n -t:b~:is-I.es$ar! ~;r----:
....... and coveriDg property described as follows: .. ,-State of Washin:,~n, 1 _
All of Lots ~-to 8 inclusive in block 185; Lots 1; 2 -\
3, 4, and 8 in block 186; all of block 187; Lots 5, 6, and 8 in
brock 188; all in the Estate Addition to the· City of Port Townsend:,
·Jefferson County, Washington, according to the offici_al· plat li
thereof now on file and of.rec9rd in the Auditor's office of said' ·
county; also two tracts of land known -on the tax rolls of Jefferson
County, Washington, as tax numbered 6'3 and tax numbered 84, both in
Section -2, Township 30 North, Range l West, W.M., less the Easteriy
220 feet, and -less that part heretofore deeded to the City of Port
Townsend for street purposes, both of such excepted'parcels being
. ~n said tax numbered 84. Tax number 86, known as the Lucinda Hast-
August
24
-_,_.an~. tax number 82, known as the ball grounds. ·
' 1987 '• -. ---;:~;;~;;;::~o;:~:-.' .. All· situated in the City of Port Townsend, Jefferson ·-----~county;·'washington., EXCEPTING THEREFROM that portion of ·the property
described in Exhibit· __ A ___ ·_, attached hereto and by this reference
incorporated herein as if set forth in fulL . vn·· ?_44 • ~f
-------._-·_ -----·:----------·;·,---~---:--:---:_--:..-:-=--:-:::-":""""' ... --:-:--··--.__ .•.. L--;_-~---'---·
' .. ~-,. . -J~·:;-;.:!-:·-~_--:;:_ ·-:~·-··.-_?--.~.:~;_--~_~; ~:·: ·~-~-:.,.:.., _., --~~ ' ~ : ·.'·,,;
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·----------·----~----------~------~----~:
and Amendment i:o Lease Agreement
Said lease( is 6doeorlCikl recorded in the records of Jefferson
County under County Auditor's Receiving No. 308634 (Lease Agreemtn); and
County Auditor's Receiving No. 308635 (Amendment to Lease AgreenEnt)
For ~he purpose of securing performance of each agreet:~ent of Tenant herein
and payment of the sum of $ 25,000.00 ------with interest thereon accord-
• ~t1~qU£e'feJ~~BY~~~~!i~~2in~umxk (hereinarte!9 called'
( ~~, or order; all renewals, modifications, OJ;_,~nsions thereof, and
such further sums as may be advanced or loaned by l!ll!fst' to Tenant, or any of
its successors or assigns, togetb~r with intereSt thereon at such ·rate ·as --.......
shall be a.g~~on; Tenant hereby assigns,· grants, releases, conveys and
sets over to ~all of its rights, title, estate, and interest of any kind
or nature whatsoever, including any and all after"acquired interest. in the
.S.bove-described lease incJ.uding any renewals or e~ensions thereof, and the
premises leased therein.
I
Tenant covenaz:1ts and agrees as f'ollaws:
1. That it will fully comply with all the terms, conditions and provisions
of the lease so that the same shall not become in default' to' do all that is
needed to preserve and keep the lease in full force and effect.
2. That it will not furth<tJ;,fl4;lign or sublet under tlie' lease wit~out. the express written consent of the lllii1i£:"' · •
3. That it will keep·the premises and all property therein free of any
lian or ~brance which may be or become superior to any security interest of the li.W";" · . .
4 ••. ~Ji it will not modify or change the lease without the written con-sent of :IIW. .
5. '+'h·a.t it will furnish to~ immediately all notices, served by tlui lessor under said lease. ·
-1-.
•,
V~l. 244 ~-.: 32
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6. mrls hereby granted th~ right to participate in. aJ.l. 1egal. proceed-: ·
i.Dgs, including arbitration proceedings, aff'ectiiJg or pertaining to said ~ase.
']. It is express1y understood and agreed that the grant by Tenant to _ ~ereunder includes without limitation any option Tenant may have to extend
the term ·of' the 1ease and Bank is hereby granted the power and shall have the
right to exercise said option to extend sai,\l.J,Dase in the event that Tenant
fai1s to do so, and if in the judgment of 11m, exercise of such option is
necessary to protect its interest. ' · ' , ·
8. If Tenant shall fail to make any payment due on sei'd 1ee.se or to
peri'orm any term or covenant as pr.ovided therein, in ~9J.,');..ion to any such
defe.u1t constituting e. def'e.u1t under this assignment, ''liiiU'me.y; at its option,
make the defau1ted payment or· perf'orm the term or covenB.nt and add the same
to the amount due and secured by this assignment, without waiving any of its
rights under this assignment and the note and ti:ulebtedness which it secures.
9. Te~covene.nts and agrees to maintain insurance in such f'orms and
amounts as ~requires, i.!lcludiog bu-t; not limited to fire and extended casu-
al.ty insurance on all its property and improvements 1ocated on or about the
·leased p~· and business in~,~~tion insurance in su~ .amount as may be
I'!'quired , including the"'li!Oil( as a. 1oss payee on said po1icies and pro-
viding to evidence of such insurance _and payment of premiums.
10. In any of the f'ollowing events, herei.ria.fter ca11ed "events of defat4-t",
to wit: r
(a) Any failure to pay when due the full amount of any payment of
principa1, interest, taxes, insurance premiums or other charges which
are or ;nay be secured hereby; or · ·
(b) Any failure to perf'crm as required by any covenant or agreement
herein; or
· (c) The fal.sity of any representation by Tenant herein •.. 9.t._i.n any
credit a.pp1ication or financial. statement. given by TeM.nt to~ as a
basis for any extension of credit secured hereby; · or
(d) If the 1eased premises shou1d be seized_'or 1evied upon by any
1egal. or governmental. process against Tenant or against the co11a.teral;
or
(e) Tenant becomes inso1vent or is the subject of .i. petition in
bankruptcy, either vo1untary or invo1untary, or in aily-other proceeding
under the Federal. Bankruptcy-Law; or mskes = assignment for_. the benefit_
of creditors; or if Tenant is named in or the collateral is' subjected to
a. suit for the appointlllent of a receiver;
-,.• .-·
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then ill any of such events of default the e'!tire !IIDOunt of indebte~l'i seCured
hereby-shell then or at any time thereafter, at the optio~Ohe ~come
immediate]¥ due and pay-able without notice or demand, and ll:ali& shell have an
immediate rig)lt to pursue remedies provided bereill.
ll. In the event of default hereunder, ~shall have all reme~es
provided by-law and without ;M!'W;ing the generaJJ.ty-_of the foregoing, Tenant agre~~ immediately place ~""in possession of t~e premises, surrenderiD.g
to ~all f.,~to the premises and any equipment or machillecy therein, and
agrees that ~shell be entitled to the same remedies afforded a landlord
under Washington statutes, including the unlawful detainer s-tatute, to regain
possession of the leased preoqses. ·
Executed at --~P~o~rt~~T~o~wns~e~nd~~~~-----day-of ____ w.w.:t-. ___ _, 19.az__. Washington, this __ -5.22.onl!!d~-
f1ikg e;arly Golf Shop, inc .. Tenant
i STATE OF WASHINGTON
Cmmcy ~WL~~~~F~~~~----
' · ' · ,. ' ' · On tubujs.__,.22..,p"'d"---'d!lla:y ~ July 1987 before me personally .!'P~ .,. Mi~el D .. Early · . -~~~\!:.~~?~~-·: ·
to me known to be the Pres1dent .. ... , ' ·
------_ of the corporation that executed the foreg~ing instrument, and acknowledged said ~t iO b<i ·-: _
·. '' :: _ the-free _and voluntary act and deed of said Corporation, for the uses and purpose~---~~-~:.·;~
tiona<!. and on oath stated that he is authorized to execute said lnstrument-lllji];~~·''· ..
seal affixed ill the corporate seal of said corporation. · · -·""
Given under my llaDd and official seal the day and year last above written.
--ZG<~ ~-~~~~/
Farm 12:::'~;..-,4" · -.-
.,, ··"' ,,_,_. No buC in and for the State of Washington, . residing at Poet ·Trn.msend ~----:~~---~: My ~ssion Expires: .. Oct .. 22, 1988 .-.
... :_![ .;~~~~14---~··:~ .• ~--··~.-------~----~: .
-'· -H--.•. _ V'.O. 244 ,~ .. 34
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STATE OF WASHINGTON )
55
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. 19 ? 7. before me. lhe undersigned, persona!Jy appeared Md ________________________ ~----~----
and _ , respective!)', of "-"'-'=--"-=---"='-=--"=-=====-=--"D~E~VE=L~O~P'-'ME=N~=-T __ the corporation thar executed the foregoing instrumen1:
and acknowledged lhe said inslrument to be lhe free and voluntary ad and deed of said corporation. for lhe uses and purposes !herein
mentioned. and on oalh "ated that 6e authorized to execute the said inslrument and !hat the seiJJ affixed is llie corporale seal of aaid corporation. I
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EXHIBIT A TO LEASE AGREEMENT
The following portions of the premises ~re reserved to and retained by the City:
1. Prairie Plant Areas (two): Legally described as follows:
:.
2. Road Easement. An easement; ~ifteen feet in width,
running over the. existing road across the golf course from Blaine
Street to the Clubhouse, measured seven and a half feet on each
side of the center,line thereof. The City may go upon the property
to locate stakes or oth~r markers establishing the same. This ease-
ment is for the f,ollowing purposes:
a. Ingress and egress over, under, upon and through
said street for any and all pUblic utilities; for access to the
conference center and parking area by the public; for access to
the prairi~ plant areas d~scribed abcve; and for purpose of main-
tenance, repair, widening, and .all or any other type of work upon
s'aid road, together -with all slopes, cuts and fills and related
wcrk. or improvement thereto; and for the exercise or all other
rights of the City pursuant to this Lease Agreement.
b. This easement is for the benefit .. of the City, and
its employees, contractors and assigns, and all or any part of the
public generally as determin-.d by the City. ·The City may specifically
grant utility easements to utility districts or companies.
3. Parking Lot Easement. An easement in, over, under, upon
and through the entire area of the existing parking lot, for the pur-
pose of ~aintenance, repair, improvement or expansion, and for. the parking of ·vehicles in connection with the use and enjoyment of the
conference· center and any expansion thereof, and the prairie piant
areas, to be used by the City, its contractors, assigns and .all or
an'! part of the public generally as determined by the City._
., · 4. Building Expansion and Use. An easement seve·nty-five
feet in width, encircling the entire new building to Q8 constructed,
as measured seventy-five feet from'each outer wall, £or the purpose
of future expansion of the building to be constructed on the
,--'-·-· oJremises, in, over, under and upon the premises,· together with the
August 24 · ---use adjacent areas for all construction; maintenance and · , 1987 ;hereof •. _In the event the City elects to expand the
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EXHIBIT .A (con 1 t)
building, including but not limited to, additional conference/meeting
room area or facilities, that portion of the building and land shall
be retained by the_ City in fee simple, and ·.controlled and operated
-by it, unless t~e City and Lessee renegotiate and agree in writing
upon ren.t and other lease terms for the lease of such additions to
the Lessee. In the .event ·such expansion ls made, ~he easements set
forth herein shall also serve the same for construction, maintenance,
repair and the use and enjoyment thereof by the City, its contractors, assigns and the public ~erierally. ·
S. Utility Easements. An ease~ent in, over, under, upon
and through the entire leased premises, including but not limited to
the pond, for construction, installation, maintenance, repair, use
and operation of all public utilities, including but not limited to
water, sewer, electric, telephone, cable television and storm water
drainage. Utilities shall be installed and maintained in a manner
with minimum interference with use of the golf course. Without l~miting the foregoing, the City retains the right to use-the existing
pond and any expansion thereof for stormwater utility purposes,
including-but not limited to installation, construction, maintenance,
repair and use of a stormwater utility ·system in, over, under, upon_
·and through said pond, together with all lines, ditches, trenches
or culverts to and from'the same to connect with city streets and
facilities, and the operation of any pumps, equipment and other 'facilities necessary thereto.
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survC6y ass~c~atGs
2132 lawrence street
port townsend, wa. 98368-7925
(206) 385-0633
NATIVE PLANT AREA LEGAL DESCRIPTION TRACT "A"
A portion of the L.B. Bastings Donation Land Claim Number 39 in
Section 2, Township 30 North, Range 1 West, Willamette Meridian,
described as follows:
Beginning at the Southwest corner of Section 2 fro~·which the
West Quarter corner of Section 2-bears North 2°-02'-07" East, ·
26-4u. 20 feet distant: thence along said Section line a distance
of 4S6.80 feet: thence North 82°-46'-59" East, a distance of
1011~40 feet to the True Point of Beginning of Native Plant
Area. "A"; thence North 82°-47'-00" East, a distance of 83.93 feet;-
thence South 64°-07'-54" East, a distance of 129.02 feet; thence
South 44°-35'-10" East, a distance of 89.91 feet; thence ·South
59°-42'-36" West, a d-istance of 162.30 feet to a point on the
Northeasterly margin of the access easement to the City of Port
'Townsend Spring Valley Golf Course; thence NorthwesterlJ along
the arc of a curve, the center of which bears S9uth 54 -11'~40"
West, having a central angle of-36°-45'-12" and a radius of
225.80 feet,-a distance of 144.84 feet; thence North 72°-33'-32"
West; a distance of 110.43 feet; thence Northwesterly along the
arc· of a curve, the center of which bears North 17°-26'-28" East,
having a central anqle of 8°-09'09" and a radius of 250.51 feet,
a distance of 35.64 feet; thence North 64°-43'-03" East, a
distance of 145.55 feet to the True Point of Beginning of Native
Plant Area "A"; said Native Plant Area "A" having an area of 0.89
acres.
Situate in Jefferson County, Washington.
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CISS~C~CitGS
2132 lawrence street '
port townsend, we. 98368-7925
(206) 385-0633
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~ PIJINT AREA LEGAL DESCRIPTION TRACT "B"
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A portion of the L.B, Hastings Donation La~d Claim Number 39 in
Section 2, Township 30 North, Range 1 West, Willamette Meridian, described as follows:
Beginning· at the Southwest corner of Section 2 from which the West
Quarter corner of Section 2 bears North 2°-02'-07" East, 2640.20
feet distant; thence along said Section line a distance of .
368.59; thence North 88°-29'-53" East, a distance of 1071.37 feet
to the .True Point of Beginning of Native Plant Area "B"; thence
North 71°-52'-29" West, a distance of 62.45 feet; thence North
66°-48'-43" West, a distance of 63.36 feet.; thence North
33°-26'-06" West, a distance of 31~06 feet; thence North
51 °-36'-46" West, a distance of 36.91 feet; thence North
64°-0l '-20" West, a distance of 39.54 feet: thence North
26°-47'-26" West, a distance. of 45.28 feet to a point on the
Southwesterly margin of the access easement to the City of Port
Townse'\'d SJ?ring Valley Golf Course: thence .southeasterlJ' along
the arc of a curve, the center of which bears North 30 -0'-16"
East, having a central angle of 12°-33'-48"and a radius of.
265.51 feet, a distance of 58.22 feet; then6e South 72°-33'-32"
East, a distanceo£ 110.43 feet; thence Southeasterly along the
arc of a curve, the center of which bears South 17°-26'-27" West,
having a central angle of ·41 °-42'-02" and a radius of 210.80 feet,
a distance of 153.42 feet; thence South 88°-29'-53" west,
a distance of 56.76 feet ·to the True Point of Beqinninq of Native
P~ant Area •B•;said Native Plant Area •s• havinq an area of
0.32 acres.
Situate i~ Jefferson County, washington,
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ass~c~atGs
2'132 lawrence street
pOrt townseocf, wa. 98368-7925 (206) 385-0633
~ DESCRIPTION .QK EASEMENT !Q!! ~ ~ QQg ~
An easement for access, ingress, eqre_ss, and utiiities inst~llation and maintenance purposes over, across, under, and
through, said easement being 15 feet in width, lyinq 7.5 feet on each-side of the following described benterline:'
·Beginning at the Southwest corner of Section 2 from which the West
Quarter cor'ner of Section 2 bears North 2°-02'-07" East', 2640.20
feet distant: thence South 81°-19'-16" East, a distance of 775.~5
feet to :the City of Port Townsend monument at Blain» and.Kearney
Streets: thence North 59°-28'-03" East along the centerline of
Blaine Street, a distance of 585.60 feet: thence North 29°-13'-14"
West, a distance of .36.51 feet to the Northwesterly marqin of
Blaine Street and the True Point of Beginning of the easement:
thence continuing North 29°-13'-14" West, ·a distance of 210.97
feet: thence along the arc of a curve to the left, having a
central angle of 43°-20'-19"anda radius of 218.30 feet, a
distance of 165.12 feet: thence North'72°-33'-32", a 'distance of
ll0.43 feet: thence along the arc of a curve to the right, havinq
a central angle of 34°-17'-31" and a radius of 258.01 feet, a
distance of 154.42 feet: thence North 38°-16'-01" West, a
distance of 102.89 feet to the Terminus of said easement centerline.
Situate in Jefferson County, Washington.
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244 :~.t 41
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309512
.ASSIGNMENT OF LESSEE'S Th'TEREST IN LEASE
MID SECURITY AG~"T
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All of Lots 1 to 8 inclusive in block 185; Lots 1;2
3, 4, and Sin block 186; all of block 187; Lots-5, 6, and 8 in
block 188; all in the Estate Addition to the City of·Port Townsend',
·Jefferson County, Washington, according to the offici.al plat
thereof now on· file and of record in the Auditor's office of said·
courity; also two tracts of land known on the tax rolls of-Jefferson ~~ County, Washington, as tax numbered 63 and tax numbered 84, both in I! Section 2, Township 30 North, Range 1 West, w:M •• less the Easterly l 220 feet, and less that part heretofore deeded to the City of Port .!i Townsend for street purposes, both of such excepted· parcel.s being
in said tax numbered 84. Tax nureber 86, known as the Lucinda Hast-t .... ,:.ings Park and tax number 82, known as the ball grounds.
:·· 1 -; ~:u;~s:\· · .:· ·. ··_-:. -~11 situated in the City of Port Townsend, Jefferson
1 ·-;:-··· .. __ • l987 ash~ngton •. EXCEPTING THEREFROH that portion of the property
i.
} f~-,: __ ;~~-da~crl:""'--; in Exhibit:-A , attached hereto and by this reference
-~ -·inCorporated herein as if set forth in full. vat___2.43c-1:~~~-=;-~~~·~~
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and Amendment to Lease Agreement i
Said lease/is (illx=:t) recorded in the records of Jefferson !-
County under CoWlty Auditor's Receiving No. 308634 (Lease Agreemeat): and ~,,.,_; v, >--""'
County Auditor's Receiving No. 308635 (Amendment to Lease Agreement)_,,., ·_ .. ·. , .·-
For the purpose of securing performance of each agreerent of Tenant. he :rein
and peyrent of the sum of $-41,000.00 - - --' --with interest thereon accord-~ to the terms of a :promissory note dated Ju1ll_ 40 , 19....a:z__,
made by Tenant, :payable to Seattle-First National Bank {hereina.t"ter called
":ea.nk") or order; all renewals, modification~, or extensions thereof, and
such .. further sums as may be ad•-anced or loaned by Bank to Tenant, or any of .
its successors or assigns, together with interest thereo11 a.t-sut!h."""TZ!:te as --
Shall. be agreed upon; Tenant hereby assigns, grants, releases, conveys and
sets over to Bank all of its rights, title, estate, and interest of any kind
or natui-e "¥hatsoever, including any and all e.f1er-acquired interest in the
above-described lease including anJ. renewals or er'-~nsions 'thereof, and the
premises leased therein.
Tenant covenants and agrees as follows:
1. That it willfully comply with all the tert!lS, conditions and :provisions
of the lease so that the same shall not become in default, to do all that is
needed to :preserve and kee:p the lease in full force and effect.
2. That it will ·not further assign or sublet under the lease without the
ex:press written consent of the Bank.
3. The.t it will kee:p the :premises and all :property therein free of any
lien ·or encumbrance which may be or become superior to any security-interest of the Bank.
4. The.t it will not modi1'y or change the lease without the wr.itten con-sent of Bank.
5. The.t it will furnish to Bank immediately all notices, served by the
li!ssor under sa.id 1ease.
. ;·.:'
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6. Bank is hereby granted the right to participate in all legal proceed~
ings; including arbitration proceedings, affecting or pertaining to said lease.
7. It is expressly understood and agreed that the grant by Tenant to
Bank hereunder includes without limitation any option Tenant may have to extend
the term of the lease and Bank is hereby granted the power and shall have the
right to exercise said option to extend said lease in the: event that Tenant
fails to do so, and if in the judgment of Bank, exercise of such option is
necessary to protect its l..nterest.
8. If Tenant shall fail to make any payment due on said .lease or to
perform any term or covenant as provided therein, in addition to any such
default constituting a default under this assignment, Bank ma.y, ·at its option,
make the defaulted payment or perform the te:nn or covenant and add the sa.me
to the amount due and secured by this assign!!lei}t, without waiving any of its
. rights under this assignment and the note and indebtedness which it secures.
9. Tenant covenants and agrees to maintain insurance in such fore.s and
amounts as Bank requires, including but not limited to :fire and extended casu-
alty insurance on all its property and improvements located ·an or about 'the
leased premises and business interruption insurance in such amount as maY be
required by Bank, including the Bank as a loss payee. on said policies and pro-
viding to Bank evidence of such insurance and payment of premiums.
10. In any of the followl..n!! events, hereinafter called "events of default",
to wit:
(a.) Any failure to pay when due the full amount of any payment of
principa.I, interest, taxes, insurance premiums· or other charges which
are or may be se.cured hereby; or
(c)
herein;
' Any failure to perfo:nn as required by any covenant or agreement
or
(c) The falsity of aby representation by Tenant herein or in any
credit a.ppllqation or fina.ncia.J. statement given by Tenant to Ba:nk as a
basis for a.n.y extension of credit secured hereby; or
(d) If the leased premises should be ·seized or levied upon by any
legal or govei"Dil!"ntal process against Tenant or against "t:he collateral.;
or
(e) Tenant becomes insolvent or is the subject of a. petition in
baokrup'!:cy, either voluntary or ilivoluntary, or in any other proceeding
under the Federal Bankruptcy Law; or makes an assignment for the benefit
of creditors; or li Tenant is named in or the collateral is subjected to
a suit for the appointment of a. receiver; ·
-2--.
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then in any of such events of default the entire amount of indebtedness secUred
hereby s~ then or at any time thereafter, at the option of the Bank becone
illll!lediately due and :payable without notice or demand, and Bank s~ have an
immediate right to :pursue remedies :provided herein.
11. In the event of default hereunder, Bank shall have all remedies
:provided by law and without limiting the genera.llty_of the foregoing, Tenant
agrees to immediately place Bank in :possession of tl;le premises, surrendering
to Bank all keys to the :premises and any equipment or machinery therein, and
agrees that Bank s~ be entitled to the same remedies afforded a landlord
under Washington statutes; including the unlewful detainer statute, to regain
· possession of the __ J.eased premises.
Executed at -.--"-P"'ort=.=.-'T:.:oe:wn:,;-::,s"'en"""d=-=---' Washington, this _ _;2::0:..:t::h:.._._
day of Jul , 19~·
Mike Early Golf Shop, Inc~ Tenant
before me personally appeared
to me known to be the /?Ju.,..,-.:c~ ' ·'
of ~ cOrporation that executed the foregoing instrument, and acknowledged' said ·,bo~~t to be
the free and voluntary act and deed of said Corporation, for the uses and ~~~ therein men-
tioned, and on oath stated U...t _h __........... authorized to execute said !ns~r·.;,;ci 'that the
seal affixed is the corporate seal of said corporation. ·--.:,,>:.;,_::< ··. -i.: I~ 1o •
Gtven under my band and official seal the day and year last above written. · · ~ ~ , u-L-~;F"'
Farm 12-eDO-B--74
35
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·coNSENT OF lANDLORD ·
City of Port Townsend , Landlord under the le·Eise
above described, hereby acknowl~dges receipt of a copy of this Assignment by
Tenant of his interest in said lease and by execution hereof consents to the
Assigru:lent to Bank. Landlord agrees that it will notify Bank of any default
by Tenant under the terms of the lease and will affor<l. Ban!< not less than
sixty (60) days within which to cure any default, and permit Bank, at its
option, to maintain said u:ase in good standi~ and ~ foice and effect.
Landlord further covenants and agrees with Bank that if Bank realizes
upon its security interest and notifies Landlord of its intent to maintain
the lease, then it will not terminate the lease, but will reco~ize Bank as
lessee under the lease commencing on the date of default thereunder, and will
assist Bank in finding ·a new tenant for the premiies. If a tenant acceptable
to Landlord is found, Landlord agrees to enter into a new lease with such tenant
upon terms 8.nd cendi tions no more burdensome than the existing lease for at
least the period of time remaining upon the existing lease. Upon such new lease
being executed Bank shall be relieved of all liabilities to Landlord under the
existing lease.
Landlord: City of Port Townsend
... ,,~>,.,
· Attest: ~~ ~ -:··if}}-;: .. > ==~ ;:;::_ ~·~ -· "'' ~.~ >~~;~'
Its Assistant Vice President
~· .
L! ~ . CCUNTY OF JEFFERSON
li I certify that I knbw or have satisfactocy evidence that Brent Shirley and David
STATE OF WASHING'l'CN
ss.
Grove signed thiS instrument, on oath stated that they wer~ authorized to execute
the instrument and acknowledged it as tTe 113;= and City Clerk respectively of the
. City 'of Port Tow.r;~...t.e_ be the free and voluntacy act of such party for the _uses
and purposes ~~~4j,f.:-l;_he instrument. . .
.·t·· oated this /Ii~s>~y"i~IW,cl'~ , 19a.7. . ·
§ ;§:"~' 0 T AJ? ~~ ; I J . I I I I I .
~ . -· . ~ * :.'l' "Us Lie ...,} • ~ -4-Notacy Publ~c in and for the State of
I l i ! ~ i'-' "-r "': ~ . =At:WtiiV-J/. iiM/.J'ltt7_v
t ~~· •• ~ o,OJ,:.§;11 Washlngton, residing at !)prt Townsend. • .. \;?;-·.;.~£:.:.·;;_~/ My cOI!IIlission expires: el.J.f'ril 30,,9•71 ij t -0~'L~~:;,;;:-~'·cc~c;•·. •/•:~~.7~~ ·~, 36 ; • :· )ji
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EXHIBIT A TO LEASE AGREEMENT
The following portions of the premises are reserved to and
retained by the City:
1 •. Prairie Plant Areas (two): Legally described as follows:
:
2. Road Easement. An easement, fifteen feet in width,
running over the existing road across the golf course from Blaine·
Street to the Clubhouse, measured seven and a half feet on each
side of the center line thereof. The City may go upon the property
to locate stakes or othe'I' markers establishing the same.. This ease-
ment is for the follo~ing purposes:
a. I~gress and egress over, under, upon and through
said street for any and all public utilities; for access to the
conference center and parking area by the public; for access to
the prairie plant areas described above; and for purpose of main-,
tenance, repair, widening, and all or any other type of work upon
said road, together with all slope~, cuts and fills ~~d related
work or improvement thereto; and for the exercise of all other
rights of the.City pursuant to this Lease Agreement.
b. This easement is for the benefit of the City, and
its employees, contractors and assigns, and all or any part of the
public generally as determined by the City. The City may specifically
grant utility easements to utility districts or companies.
'-~·· •. Eono;oo "'E~doo ~' •••. ~ ••"-"' ooooo<y-H ~ feet in width, encircling the entire new building to be constructed,
I as measured seventy-five feet from each outer wall, for the purpose \
3 •. Parking .Lot Easement. An easement in, over, under, upon
and through the entire area of the existing p_arking lot, for the pur-
pose of maintenance, repair, improvement or expansion, and for the
parking of vehicles in connection with the use and enjoyment of the
conference center aQd any expansion thereof, and the prairie plant
areas, to be used by the ciey, its contractors, assigns and .all or any part of the public general!~ as uetermined by the City.
of future expansion of the building to be constructed on the I' ~emises, in, over, under and upon the premises, together with the .
right-· to use adjacent areas for all construction, maintenance and ~ j repairs thereof. In the event the City elects. to expand the 1
1
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EXHIBIT A (con't)
building, including. but not limited to, additional conference/meeting
room area or facilities, that portion of the building and land shall
be retained by the City in fee simple, and ,controlled and operated
-by it, unless the City and Lesse!! renegotiate and agree in writing
upon rent and other lease terms for the lease of such additions to
the Lessee. In .the event such expansion is made, ~he easemen~set forth herein shall also serve the same for construction, maintenance,
repair and the use ·and enjoyment thereof by the City, its contractors,
assigns and the public generally. . · ·
5. Utility Easements. An easement in,_ over, under, upon
and through the entire leased premises." including but not limited to
the pOnd, for constru_ction, installation, maintenance, ·repair, use
and operation of all public utilitie.'s, including but not limited to
water, sewer-, .. electric, telephone, cable television and storm water
drainage. Utilities shall be insta'lled and maintained in a manner
·wi_th minimum 'interference with use of the golf course. Without ~imiting the-foregoing, the City retains the right to use the existing
pond and any expansion thereof for stormwater utility purposes,
including but not limited to installation, construction, maintenance,
repair and use of a stormwater utility system in, over, under, upon
and through said pond, together with all lines, ditches., trenches·
or culverts to and from the same to connect with city streets and
facilities; and the operation of ·any pumps, equipment and other
··facilities pecessary thereto.
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2132 lawrence street
port townsend, wa. 98368-7925
(206) 385-0033
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~ ~ AREA LEGAL DESCRIPTIO!I ~ ~
.·
A portion of the L.B. Bastings Donation Land Clai~ Nu~ber 39 in
Section 2, To~nship 30 North, Range 1 West, Willamette Meridian,
described as follows:
Beginning at the Southwest corner of Section 2 from which the
West Quarter corner of Section 2 bears North 2°-02'-07" East,
2640.20 feet distant: thence along :said Section l{rie a distance
of 486.80 feet: thence No.rth 82°-46'-59" East, a distance of
1011.40 feet to the True Point of Beginning of Native Plant
Area "A";, thence North 82°-47'-00" 'East, a distance of 83.93 feet:
thence South-64°-07'-54" East, a distance of 129.02 feet: thence
South 44°-35'-10" East, a distance of 89.91 feet: thence South
59°-42'-36" West, ·a distance of 162.30 feet to a point on the
Northeasterly margin of the access easement to the City of Port
Townsend Spring Valley Golf Course: thence Northwester\r along
the arc !='f a curve, the center of; which bears South 54 -11 '-40"
West, having ~ central angle of 36°~45'-12" and a radius of
225.80 feet, a distance 'of· 144.84 feet: thence North 72°-33'-32"
West, a di'stance of 110.43 feet: thence Northwest~rly along the
arc of a curve, the. center of which bears North 17°-26'-28" East,
having a central angle of 8°-09'09" and a radius of 250.51 feet,
.. a distance of 35.64 feet: thence North 64°-43'-03" East, a
distance of 145.55. feet to the Trne Point of Beqinning of Native
Plant Area "A": said Native Plant Area "A" having an area of 0.89
acres.
Situate in Jefferson County, Washington •
.. · .
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243 '"..r 39
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2132 lawrence street •
po11 townsend, wa. 98368-7925
(206) 38S.0633
• :!.,
·. ·~
~ PLAH'I' .iiRzA LEGAL DESCRIPTION TRACT "B"
: .. ;
A portion of the L.B. Hastings Donation Land Claim Number 39 in
Section 2, To~nship 30 North, Range 1 West, Willamette Meridian, described as fo~lo~s·: ·
Beginning· at the Southwest corner of Section 2 from which the West
Quarter corner of Section 2 bears North 2°-02'-07" East,· 2640.20
feet dist~nt: thence along said Section line a distance of · 3~8.59; thence North 88°-29'-53" East, a distance of 1071.37 feet
to the True Point of Beginning of Native Plant Area "B": thence
North 71°-52'-29" West, a distance of 62.45 feet: thence North
66°-48'-43" West, a distance of 63.36 feet: thence North
33°-"26'-06" West, 11 distance of 31.06 feet; thence North
51°-36'-46"West, a distance of 36.91 feet: thence North
64°-01'-20"' West, ·a distance of 39.54 feet: thence North
26°-47'-26" West, a distance of· 45.28 feet to a point on the
Southwesterly margin of the access easement to the City of Port
Townsend Spring Valley Golf Course: thence South~asterlJ along
the arc of a curve, the center of which bears North 30 -0'-16"
East, havin_g a central angle of 12'!-J3'-4B"and a radius of
265.51 feet. a distance of 58.22 feet: thence South 72°-33'-32"
East, a distanceof 110.43 feet: thence Southeasterly alonc:r the
arc of a curve, the center of which bears South 17°-26'-27" West,
having a central angle of ·u0 -42'-02" and a radius of 210.80 feet,
a distance o·f. 153.42 feet: thence South 88°-29'-53" West,
a distance of 56.7~ feet to the True Point of Beginning of Native
Plant Area "B": said Native Plant Area "B" having an area of
0.32'·acres.
Situate in Jefferson County, Washington.
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(206) 365-0633 --.•.
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LEGAL DESCRIPTION 01' EASEMENT FOR SPRING ~ GOLP ~
.·
An easement for access, ingress, eqress, and utiliti~s
installation and maintenance purposes over, across, under, and
through, said easement being 15 feet in width, lyinq 7.5 feet on
each side of the.following described centerline:
Beginning at the Southwest corner of Section 2 from which the West
Quarter corner ·of Section 2 bears North 2°-02'-07" East, 2640.20
feet distant: thence South 81°-19'-16" East, a distance of 775.65
feet to the City of Port ·Townsend monument at Blaine and Kearney
Streets: thence North 59°-28'-03" East along the centerline of
Blaine Street, ·a distance of 585.60 feet: thence North 29°-13'-14"
West, a distance of 36.51 feet to the Nor-thwesterly margin· of
-Blaine Street and the True Point of Beginning of the easement:
thence continuing North 29°-13'-14" West; a distance of 210.97
feet: thence along the arc of a curve to the left, having a
central angle of 43°-20'-19" and a radius of 218.30 feet, a
distance of 165.12 feet: thence North 72°-33'-32", a distance of
110.43 feet: thence along the arc of a curve to the right, having
a central angle of 3~0-17'-31" and a radius of 258.01 feet, a
Clistance of 154,42 feet: thence North 38°-16'-01" West, a
distance of 102.89 feet to the Terminus of said.-easement
centerline.
Situate in Jefferson County, Washington.
':··
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AFrER RECORDING, RETURN TO'
Timothy L. McMulum, City Attorney
City of Pon Towmend
540 Water Street
98368
~-~-!2-~~--. /~ \tV
3943£9
THIS MEMORANDUM OF AGREEMENT AND NOTICE TO TITLE is to notify all
parties having any interest in the real property legally described in EXHIBIT A, attached
hereto and incorporated herein by this interest of the following:
INTERIM JOINT MANAGEMENT AGREEMENT (PORT TOWNSEND
MUNICIPAL GOLF COURSE) Between the City of Port Townsend and Mike
Early Golf Shops, Inc. ·
The "Interim Agreement" constitutes an agreeme·nt by and between the City of Port
Townsend ("the City") and Mike Early Golf Shops, Inc. ("Early"), allowing Early to occupy
and manage the Port Townsend Municipal Golf Course, situated on the property legally
described in EXHIBIT A, as interim manager and interim tenant. The Interim Agreement is
conditioned upon Early's complete performance with the terms of the Interim Agreement and
complete performance by Early of all terms and conditions of the Lease between Early and the
City, dated February I, 1987, recorded at Jefferson County Auditor's File No. 377359, as
amended, File No. 377360 (referred to collectively as "the Lease"). The Interim Agreement
constitutes an amendment to the Lease. The Interim Agreement is effective from May 17,
1996 through October 31, 1996, and may be extended without further notice to title.
The Interim Agreement imposes management obligations upon Early, and includes
terms and conditions for the ongoing use, maintenance and management of the Golf Course
property and facilities. The Interim Agreement specifically prohibits Early from assigning the
Lease and Interim Agreement, from incurring debts for the management of the Golf Course
beyond usual and customary business debts, and prohibits Early from using or pledging the
Golf Course property, facilities, leasehold interest or interest in the Interim Agreement, as
security for any debts or any other obligations.
A copy of the Interim Agreement is available for review at the Office of the City
Attorney, 823 Water Street, Port Townsend, Washington, (360) 385-5991.
Memorandum of Agreement und Notice to Title, Puga I of2
NO REAL ESTATE
SALES TAX REQUIRED
VUl 559 ~·,;., 48f.i COUNTY TREASU~ll. ~ ..,nC\ \0~,~~}-C)u ~-~>
0
0
.rL
DATED this!{_ day of September, 1996.
STATE OF WASHINGTON)
)ss.
COUNTY OF JEFFERSON )
ROBERT WHEELER, Director
Department of Public Works
City of Port Townsend
On this day personally appeared before me, Robert Wheeler, d1e Director of the
Department of Public Works for the City of Port Townsend, the Washington municipality that
executed the within and foregoing Memoramlmn of Agreement and Notice to Title, and
acknowledged that he signed the same as his free and voluntary act and deed of said
municipality, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to executed the said instrument on behalf of the municipality.
Given under my hand and official seal this -f!'Jf day of ~Temkr", 1996.
09/04/96 Golf{MemAgree.doc}
~~4.~
(P•intcd ruuucj C.,ll-/?(J/.;TN G. ANDP72£o.N
NOTARY PUBLIC in and for the State of
Washington, residing atl}u1Jit;;fft!.d>.
My appointment expires: OG-•/tJ• ?i" .
MemollUldum of Agreement and Notice to Title, Puge 2 of 2
VOL 559 fh.; 487
0
0
LEGAL DESCRIPTION:
All of Lots 1 to 8 inclusive in Block 185; Lots 1, 2, 3, 4 and 8 in Block
186; All of Block 187; Lots 5, 6 and 8 in Block 188; All in the Estate
Addition to the City of Port Townsend, Jefferson County, Washington,
according to the official plat thereof now on file and of record in the
Auditor's office of said County; also two tracts of land known on the tax
rolls of Jefferson County, Washington, as tax numbered 84, both in Section 2,
township 30 North, Range 1 West, W.M., less the Easterly 220 feet, and less
that part heretofore deeded to the City of Port Townsend for street purposes,
both of such excepted parcels being in said tax numbered 84. Tax number 86,
known as the Lucinda Hastings Park and tax number 82, known as the ball
grounds.
All situate in the County of Jefferson, State of Washington.
EXHIBIT A
(To: ~l3!orarrlun of Agrea!ent ard futice to Title)
VOL 559 t,;.,488
A A
S S S
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SEC 02 TWP 30N RGE 1WSWSubdivision Revised: 1/17/2018Condominium Government Lot Easements