HomeMy WebLinkAbout40_85-025PDF MAKE
A 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 inand
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
100
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
frm
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 100 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 alease
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
areement 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 lessors
willingness
to lease to lessee
9 RIGHT OFRE 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
19 1116
10
132
11
16 916
12
15 8 1316
13
132
14
116
17
71011 less St
right of way
18
23 58 1113 17 18 south of 19th St 1929
19
14
20
112
21
134
22
134
27
12 510
29
67
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