HomeMy WebLinkAbout85-025A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CLERK
TO EXECUTE A LEASE OF PROPERTY FROM JEFFERSON COUNTY FOR
KAH TAI PARK
WHEREAS, the City of Port Townsend has undertaken to develop
a park at Kah Tai Lagoon with the financial assistance of IAC,
and has acquired or leased certain property in the area for that
purpose and
WHEREAS, the City of Port Townsend and Jefferson County in-
tended for the City to lease from the County for a term of 30
years certain property located in~and near Kah Tai Park for
said park purposes, but the parties have not executed a formal
written lease providing for the same and wish to do so now,
therefore
BE IT RESOLVED, that the Mayor and Clerk of the City are
here and hereby authorized and directed to execute on behalf
of the City the annexed Lease with Jefferson County for lease
of prooerty in and about Kah Tai Lagoon for an annual rental
of $1,00, and to cause the same to be recorded with the Jeffer-
son County Auditor for Washington State as provided by law.
Passed by the City Council for the City of Port Townsend
and approved by the Mayor this 16th day of July, 1985.
Attest:
David Grove, City Clerk
appr~d as to f/rm:
Keith Harper,~ City ~%ttorney
MAYOR BRENT SHIRL~
LEASE
WITNESSETH this agreement dated this day of ,
1985, by and between JEFFERSON COUNTY, a municipal corporation,
hereinafter "lessor",and THE CITY OF PORT TOWNSEND, WASHINGTON, a
municipal corporation, hereinafter "lessee".
1. PROPERTY DESCRIPTION.
Lessor, in consideration of the agreements on the part of
the lessee, set forth below, hereby leases to the lessee on the terms
and conditions hereinafter set forth, the following described real
property located in Jefferson County, Skate of Washington, to wit:
(see Attachment A)
2. COMMENCEMENT AND DURATION OF' LEASE.
The lease shall commence on the first day of ,
1985,and shall terminate the first day of , 2015. The
leases provided for herein may be terminated earlier than the termi-
nation date set forth above upon the happening of the conditions set
forth hereafter.
3. PAYMENT OF RENT.
In consideration of the leasing of the premises, lessee
agrees to pay rent in the amount of $1.00 per year
payable on the 15th day of each year in advance.
4. RESTRICTIONS AS TO USE.
Lessee agrees to only use the leased premises for park
purposes. In no event shall any of the property be used for commercial
activities though park users fees are allowed. The grant of a~lease
is conditional upon creation of ~a park within three (3) years and
dedication of same not later than three ~3} years from the date of this
a~reement. If a park is not dedicated within that time, also if
project is abandoned prior to dedication, this agreement shall be null
and void and the lease terminated.
6. INSURANCE.
Lessee agrees to insure and keep insured any improvements
or buildings that may be placed upon the leased property, insuring
said buildings or improvements for their fair market value.
7. LIABILITY FOR INJURIES.
Lessee shall assume all liability and damages which may
arise from any accident or cause which may occur upon the leased
premises, and agrees to save the lessor harmless from any liability
by reason of personal injury or property damage on or about the
leased premises, and to carry indemnity insurance against said
liability.
8. ASSIGNMENT OF LEASE.
Lessee agrees not to assign this lease without the written
consent of the lessor. This provision is expressly negotiated between
the parties and lessee acknowledged this provision as a material
condition of lessor's willingness to lease to lessee.
9. RIGHT'OF RE-ENTRY BY LESSOR.
Lessor and its agents shall have the right to enter upon
the leased premises during the term of any lease ~eriod herein.
JEFFERSON COUNTY
BY
BY
BY
CITY OF PORT TOWNSEND, WASHINGTON
BY
ATTACHMENT A
Jefferson County property within Kah Tai Lagoon Park:
Railroad Addition to City of Port Townsend
Block Lot
7 11
9 1-9, 11-16
10 1-32
11 1-6 , 9-16
12 1-5, 8, 13-16
13 1-32
14 1-16
17 7,10,11 less St. right-of-way
18 2,3, 5-8, 11-13, 17, 18, south of 19th St., 19-29
19 1-4
20 1-12
21 1-34
22 1-34
27 1,2, 5-10
29 6,7
STATE OF WASHINGTON )
)
COUNTY OF JEFFERSON )
ss
On this day of ,198__, before me
the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared
and
to me known to be the
and
of ,
the muncipal corporation that executed the foregoing instru-
ment, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath sated that they are
authorized to execute th~ said instrument and that the seal
affixed is the corporate seal of said municipal corporation.
WITNESS my hand and official seal hereto affixed the
day and year first written above.
Notary Public in and for the State of
Washington residing at
STATE OF WASHINGTON )
)
COUNTY OF JEFFERSON )
ss
On this day of ..,198 , before me
the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared
and
to me known to be the
and
of ,
the muncipal corporation that executed the foregoing instru-
ment, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath sated that they are
authorized to execute th~ said instrument and that the seal
affixed is the corporate seal of said municipal corporation.
WITNESS my hand and official seal hereto affixed the
day and year first written above.
Notary Public in and for the State of
Washington residing at ·