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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 ·