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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners ~,
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Philip Morley, County Administrat~~' ~3,?-
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December 6, 2010
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FROM:
DATE:
SUBJECT:
Agreement for Fire Hall Communications Tower; City
of Port Townsend, East Jefferson Fire and Rescue;
$86,720
STATEMENT OF ISSUE:
Board approval is requested of a sale and use agreement between the City of
Port Townsend, East Jefferson Fire and Rescue and Jefferson County (on
behalf of Jeff Com 911),
ANALYSIS:
The proposed Agreement would transfer ownership and create a use
agreement for the existing communications tower and related equipment at
the Fire Hall located at 701 Harrison Street in Port Townsend, The tower is
owned by the City of Port Townsend, and is located at the fire station the
City leases to East Jefferson Fire and Rescue.
Jeff Com desires to purchase the communications tower and related
equipment, which are used for Jeff Com's backup dispatch center. The
negotiated price is $80,000 plus Washington State Sales Tax, for a total of
$86,720.
The Agreement includes a number of use provisions, including relation to the
separate pre-existing station and land lease by East Jefferson Fire and
Rescue, access, utilities, insurance, and assignment and transfer ofthe tower
and first right of refusal.
The Agreement has been executed by the City and East Jefferson Fire and
Rescue, and was recommended for BoCC approval by a motion passed by the
Jeff Com Administrative Board on November 4.2010.
FINANCIAL IMPACT
Funds for this purchase would come from fund balance in Jeff Com's Fund
122.
RECOMMENDA nON:
Approve Resolutions 1) Diversion of Road Levy to Traffic Law Enforcement
for the 2011 Budget; and 2) Authorizing a Shift if $219,550 from the Road
Levy to the General Fund for the 2011 Budget
REVIEWED BY:
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P6ilip Mor!€:y:) County Ad~inistrator
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Date
Communications Tower Agreement (2010)
AGREEMENT FOR FIRE HALL COMMUNICATIONS TOWER
(Sale and Use Agreement)
THIS AGREEMENT is made at Port Townsend, Washington, this / (; day of
NI Vt y~..b,; ( ,2010 (the date which the last party signs this Agteement), by and between
1. THE CITY OF PORT TOWNSEND, a Municipal Corporation, hereinafter
referred to as "CITY," and
2. JEFFERSON COUNTY, a Municipal Corporation, tlnough Jeff COM,
hereinafter referred to as "COUNTY" or Jeff COM," and
3. JEFFERSON COUNTY FIRE DISTRICT 1 (also known as East Jefferson
:Fire Rescue), hereinafter referred to as "District" or "EJFR").
.'1.
RECITALS:
A. City is the municipal government of the City of Port Townsend. City owns the Fire Hall,
located at 701 Harrison Street, Port Townsend and legally described as:
Block Z, Lots 1 and 3 in the plat of Kuhn's Ranch as recorded in Volume 2, Page
26, within the southeast quarter of Section 2, Township 30 North, Range 1 West,
W.M., Records of Jefferson County, Washington.
City leased the Fire Hall to Jefferson County Fire District No. I ("Fire District") effective
January 1, 2007 ("Fire Hall Lease Agreement"), in connection with an INTERLOCAL
AGREEMENT FOR JOINT OPERATION AND MANAGEMENT OF FIRE
SERVICES (City of Port Townsend, and Jefferson County Fire District 1 (effective,
January 1, 2007).
B. City owns a communications tower (and related equipment) located at the Fire Hall.
City desires to sell the communications tower (and related equipment) to Jeff COM
subject to the terms of this Agreement.
C. Jeff COM desires to purchase the communications tower (and related equipment) subject
to the terms of this Agreement.
D. These Recitals are a material part of this Agreement.
IN CONSIDERATION OF THE RECITALS, TERMS, COVENANTS AND
CONDITIONS SET OUT HEREIN, THE CITY AND Jeff COM HEREBY AGREE AS
FOLLOWS:
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Fire Hall Tower- Sale and Use Agreement 1110 08 (rev 11 4 09) (3)clean (2).doc
Communications Tower Agreement (2010)
1. PURCHASE AND SALE. CITY does hereby sell and Jeff COM hereby purchases the
City's communications tower and related equipment located at the fire hall. The
communications tower and related equipment are as follows:
a. - 80' Self-supporting Lattice Tower including the concrete pad and pier, safety cable,
safety harness kit, lightening rod, grounding hm'dware (including the antenna cable
ground system in the Fire Station), and erection drawings.
b. - 20' x 18" Ice Bridge, Support Posts, and Trapeze Supports
Equipment List- does not include the Emergency Generator (owned by the City, but maintained
and tested by the Fire District).
The effective date of the sale and risk of transfer pass on the date of this Agreement.
2. PRICE; PAYMENT. The pricc is Eighty thousand dollars ($80,000), plus WSST. The
price shall be paid to the City within 45 days of the date of this Agreement.
3. COMMUNICATIONS TOWER LOCATION; FIRE HALL NO LONGER USE))
AS FIRE HALL. The communications tower and related equipment may remain in their
existing location, including any replacement communications tower and equipment, at no cost,
under the terms of an existing lease between the City and Jefferson County Fire District No.1
dated November 21,2006 (copy attached).
4. GENERAL CONDITIONS.
A. Condition of Purchase. City does not guarantee the condition of the above-described
equipment in any fashion. No representation of any warranty of any kind has been or is being
made by the City regarding this equipment. The equipment is sold "as is, where is, with all
faults." Jeff COM acknowledged it has inspected the equipment to its satisfaction. Any
maintenance, repairs, replacement shall be the sole responsibility of Jeff COM.
B. Access. Jeff COM shall have reasonable access to service, maintain, repair and replace
the equipment. All work shall be accomplished in a manner that interferes with District
operations in the least possible marmer.
C. Utilities. Jeff COM shall pay for any utilities (electric) in connection with its use ofthe
communications tower and related equipment. JeffCOM at its cost shall segregate the portion of
the Fire Hall's electrical system related to Jeff COM's facility, and move all circuits to a separate
panel or panels where all the of electricity related to Jeff COM's facility is separately metered.
D. Accidents. Liability. Insurance. Release. Jeff COM shall hold the City and Fire District
harmless from, any claim, action and/or judgment, including reasonable attorney fees and court
costs, for any injury to any persons or for damage to any property arising out of Jeff COM's use
of the premises. Jeff Com shall maintain its own insurance on the communications tower and
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Fire Hall Tower- Sale and Use Agreernent 1110 08 (rev 114 09) (3)c1ean (2).doc
Communications Tower Agreement (2010)
equipment for any loss or damage, and waives and releases all claims against City or Fire
District, and its employees, and against, with respcct to any danlage or loss to Jeff Com's
property for which Jeff Com has agreed to provide property insurance as set forth above, from
any cause, including negligence, but not including intentional acts by City or Fire District.
E. Assignment or Transfer; First Right of Refusal. Jeff COM shall not assign or transfer this
agrecment or any intcrcst in the Agreement, without Fire District's and City's prior written
consent, which Fire District or City may withhold in its discretion. This section only means that
the right to maintain a tower at the site is Jeff COM's right, and Jeff COM cannot give that right
to anyone else. The section does not prohibit Jeff COM, in its own discretion, and not with any
requirement for City or District approval, from selling the towcr, or (subject to applicable city
regulations) putting up a different tower.
In the event of any proposed sale of the tower by J effCOM, District shall have a first right 01
refusal to purchase the tower on the same tcnus and conditions as a bona fide written offer.
District shall have 30 days after presentation of the written offer by Jeff COM to District to
determine whether to make the purchase, and if so, shall closc on the sale in the samc timeframe
as the original offer, but in no event more than 30 days after District's determination whether to
make the purchase. Any attempt to sell the property without giving notice to District shall not be
valid.
F. Arbitration. Any controversy or claim arising out of or related to this Agreement or the
breach or alleged breach thereof shall be settled according to the procedures of the American
Arbitration Association. Any costs, expenses and legal fees incurred in arbitration shall be
awarded as determined in the course of the arbitration, and may be awarded to the prevailing
party. Jurisdiction for any arbitration action shall be Jefferson County.
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Fire Hall Tower- Sale and Use Agreement 11 1008 (rev 11 4 09) (3)clean (2).doc
Communications Tower Agreement (2010)
G. Entire Agreement: Revocation Of Prior Agreements: Amendments. This Agreement
contains the entire agreement of the parties hereto with respect to the subject matter of this
Agreement and use ofthe premises, and any other agreement, statement, promise, representation
or understanding by any party hereto, or any of their respective agents, representatives,
employees or principals which is not contained in this Agreement, is hereby mutually rescinded
and revoked and shall not be binding or valid.
Any amendments or additions or modifications to this Agreement shall be in writing
executed by the parties hereto. Neither party shall be bound by any verbal or implied
agreements.
CITY OF PORT TOWNSEND
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By:
David Timmons~ City Manager
City Hall
250 Madison Street, #201
Port Townscud, WA 98368
JEFFCOM and JEFFERSON COUNTY
By:
Commissioner
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Commissioner
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By:
Commissioner
JEFFERSON COUNTY FIRE DISTRICT 1,
(also known as :E;ast Jefferson Fire Rescue)
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Commissioner
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Commissioner
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Fire Hall Tower- Sale and Use Agreement 1110 08 (rev 114 09) (3)clean(2).doc
Communications TO\ver Agreement (2010)
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
On this ~ day of. ,2010, before me the undersigned, a Notary Public duly commissioned
and sworn, personally appeared David Timmons, known to be the City Manager of the CITY OF PORT
TOWNSEND, the municipality that executed the foregoing Agreement, and acknowledged the said instrument to
be the free and volnntary act of said municipality, for the uses and purposes therein meutioned, and on oath stated
that he is authorized to execute the said instrument on behalf of the municipality.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
[Print name]
NOTARY PUBLIC in and for the State of
Washington, residing at ~~._ '. My
appointment expires:
5
Fire Hall Tower~ Sale and Use Agreement 11 1008 (rev 11 4 09) (3)clean (2).doc
Communications lower Agreement (20 I 0)
STA TE OF W ASHI"IGTON )
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COUNTY OF JEFFERSON )
On this I It; day of/./f YU'>1tu< 2010, before me the undersigned, a Notary Public duly commissioned
and sworn, personally appeared Jess Bondurant, ,Jr., knO\\11 to be the one oftbe JEFFERSON COUNTY FIRE
DISTRICT 1 Commissioners, that he executed the foregoing Agreement. and acknowledged the said instrument to
be the free and voluntary act of said entity, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the said instrument on behalf of the entity.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
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Notary Public i
State of Was bing ton I
LONIBETH r." HARBISON
MY CO~~:~~;O~;;<P'RES I
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[Print name]
NOTARY PUBLIC in and for the State of
Washington, residing at J.t'hrs.o..~. My
appointment expires: .~ -- :L:,.rJ -.;:-'.(j i j
STATE OF W ASHlNGTON )
)ss.
COUNTY OF JEFFERSON )
On this I ~ day of /V~ v..rx.k; 20 I 0, before me the undersigned, a Notary Publie duly commissioned
aud sworn, personally appeared Richard Stapf, Jr" known to be the one of the JEFFERSON COUNTY FIRE
DISTRICT 1 Commissioners, that he executed the foregoing Agreement, and acknowledged the said instrument to
be the free and voluntary act of said entity, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the said instrument on behalf of the entity,.
WLINFSS my h.nd<md.Gffieial seal hereto affixed the day and year in this certificate above written.
'-'~Ht~WY Public
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[Print name]
NOTARY PUBLIC in and for the State of
Washington, residing at..uI':f..'J,...... (!.iI.,_. My
appointment expires: -"-'.., 1. -j ~'_ () ~ i
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STATE OF WASHINGTON )
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COUNTY OF JEFFERSON )
On this ItJ day of )f/fP"Ju, , 2010, before me the undersigned, a Notary Public duly commissioned
and sworn, per500ally appeared Zane WyH, Sr. known to be the one of the JEFFERSON COUNTY FIRE
DISTRICT I Commissioners, that he executed the foregoing Agreement, and acknowledged the said instrument to
be the free and voluntary act of said entity, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the said instrument on behalf of the entity.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
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""tary Public
Stah-: I)f V\/,j!.shington
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[Print name]
NOTARY PUBLIC in and for the State of
Washington, residing at-jLF?t-!~SI r;, ;1_~ . My
appointment expires: ,~--i ~__,' L 0 ! :
7
Fire Hall Towt:r- Sale and Use Agreement 11 10 08 (rev 11409) (3)clean (2).doc
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Fire Hall Lease
LEASE AGREEMENT
FOR
FIRE HALL
TIllS LEASE is made at Port Townsend, Washington, this 2..) day of ~ YI rnh.rr
2006, by and between THE CITY OF PORT TOWNSEND, a Municipal Corporation,
hereinafter referred to as "LESSOR" or "CITY," and JEFFERSON COUNTY FIRE
DISTRICT 1, doing businesses as East Jefferson Fire Rescue, hereinafter referred to as
"LESSEE" or "DISTRICT."
RECITALS:
A. Lessor is the municipal government of the City of Port Townsend. LESSOR
owns a Fire Hall, located at 701 Harrison Street, Port Townsend and legally described as:
Block Z, Lots 1 and 3 in the plat of Kuhn's Ranch as recorded in Volume 2, Page 26, within the
southeast quarter of Section 2, Township 30 North, Range I West, W.M., Records of Jefferson
County, Washington.
B. Lessee is a political subdivision organized under the laws of the State of
Washington.
C. The parties entered into an InterlocaI Agreement For Joint Operations and
Management ("InterlocaI Agreement") effective January 1,2006. The Interlocal Agreement
provided for, among other things, a joint operation of the City and District fire services to realize
efficiencies and cost-savings by minimizing duplication of employees and resources and provide
for consistency in training and operations. The parties agreed during the term of the Interlocal
Agreement to work together to determine if further consolidation served the interests of the City,
and District and their citizens by providing fire service in a more efficient, effective, and less
costly manner for citizens within both the City and District.
D. As part of further consolidation efforts, the parties entered into a new Interlocal
Agreement effective January 1,2007, which provides, among other things, governance, levels of
service, funding, and that the employees of the City will transfer to and become employees of the
District, and the City will transfer it's fire service assets to the District. As part of the these
consolidation efforts, the parties desire to enter into this Lease Agreement to provide for the
terms whereby the City leases its Fire Hall to the District.
E. These Recitals are a material part of this Lease.
1
Fire Hall Lease
IN CONSIDERATION OF THE RECITALS, TERMS, COVENANTS AND CONDITIONS
SET OUT HEREIN, THE CITY AND DISTRICT HEREBY AGREE AS FOLLOWS:
1. PROPERTY DESCRIPTION
LESSOR does hereby lease to LESSEE the Port Townsend Fire Hall ("Fire Hall") and
property described above (hereinafter referred to as the "leased premises," or "premises")
together with all improvements on the premises, EXCEPT: None
Provided: (I) City has the unrestricted use of the EOC area during emergency events and
for as long as needed to deal with the emergency and the aftennath (as determined by the City).
(2) The parties shall work cooperatively to petition JeffCOM for JeffCOM to
acquire the antenna tower and related equipment located on the premises. Purchase proceeds
would reimburse the City for the City's acquisition costs. In the event that a mutually
satisfactory purchase by JeffC<DM does not occur, then City reserves the right to lease the tower
space to JeffCOM for tower use, and rent proceeds belong to the City for so long as it takes to
reimburse the City for its acquiSition costs.
2. TERM OF LEASE: RENEWAL
This lease shall be fora period of twenty (20) years, commencing January I, 2007, and
shall expire on December 31, 2027. This lease shall continue for successive five-year renewals
on the same tenns of this Lease. Provided, on or before January I, 2024, either party may
terminate this Lease Agreement on January I, 2027, by giving at least three (3) years written
notice oftennination for the Lclase Agreement to terminate on January I, 2027, and after January
1,2027, either party may terminate this Lease Agreement by giving at least three (3) years
written notice oftennination for the Lease Agreement to tenninate on the January 1 which is
more than three years from the notice.
3. RENTAL AMOUNT *ND PAYMENT SCHEDULE
In consideration of the lease of the leased premises to LESSEE, LESSEE shall:
(a) Shall pay LESSqR for rental of the above-described premises the sum of $60,000
a year, payable in twelve (12) Qlonthly installments on or before the 101h of each month.
Provided: Upon the payoff of the City's debt service in connection with the City's 2003 LTGO
(portion related to fire hall construction), then the sum in this paragraph (a) shall be $10,000 .
(b) Shall perform all other obligations set forth in this Lease.
2
Fire HaIl Lease
4. TAXES AND ASSESSMENTS
LESSEE shall pay all taxes and assessments, if any, upon the Fire Hall and upon the
buildings and improvements thereon which are assessed during the lease term.
5. UTJT HIES
(a) LESSEE shall pay, throughout the term of this lease, all charges for all utility
services furnished to the leased premises, including but not limited to light, heat, electricity, gas,
water, sewage, garbage disposal.
(a) LESSOR agrees that during the term of this lease, including any ofits extensions,
the real property on which the premises is located, or any adjacent real property owned by
LESSOR beoomes available for sale by LESSOR, in whole or in part, LESSEE shall have First
Right to Negotiate a Purchase.
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(b) LESSOR shall not be liable for any reason for any loss or damage resulting from
an interruption of any of such services.
6. USE OF LEASED PREMISES
(a) LESSEE shall use the leased premises for the location and operation of a fire hall
only, and no other purposes. Provided, nothing prevents the District from using the fire hall for
incidental uses not directly related to the furnishing of emergency services, for example, using
the fire hall for community meetings, food drives, or as a voting location.
(b) LESSEE shall comply with all federal, state and local laws and ordinances related
to use of the said premises.
7. FIRST RIGHT TO NEGOTIATE A PURCHASE
(b) In that event, LESSOR shall give LESSEE written notice of its intent to sell, the
purchase price, and any required terms of sale. LESSEE shall then have sixty (60) days during
which to negotiate in good faith with LESSOR according to the required terms and asking
purchase price.
(c) If a negotiated agreement is not reached by the end of the 60-dayoption period,
LESSOR may then offer the Property to any other Buyer.
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8. ALTERATION
(a) Subject to LESSOR'S prior written permission (which shall not be unreasonably
withheld), LESSEE may undertake at LESSEE'S expense leasehold improvements. All work
shall be done in a manner consistent with applicable legal requirements.
Fire Ran Lease
(b) LESSEE and LESSOR agree to cooperate in applying for grants to fund LESSEE
or LESSOR improvements.
(c) Upon termination of this lease, either by expiration of the lease or by default of
LESSEE, any leasehold improvements shall be considered a part of the real property of LESSOR
free from any interest of the LESSEE. By way of example only: leasehold improvements
include things attached to or incorporated into the premises like wiring, walls, and light fixtures;
leasehold improvements do not include things like demountable pictures and signage.
9. SIGNS AND BUlLD:ij"lG IDENTIFICATION
No signs shall be erected or maintained on the property without LESSOR'S prior written
consent, which shall not be unreasonably withheld.
10. FIRE DISTRICT ANtiEXATION
In the event the City annexes to the Fire District, the following applies:
The City shall provide a fully executed quit claim deed transferring in fee simple its interest in
the premises and improvemenn> to the District, in the form attached as Attachment A. The
City's transfer is subject to the following terms, which terms (or equivalent) shall be reflected in
the deed (Attachment A) and/or other instrument in form acceptable to the City Attorney:
I. The District shall continue to pay the City's debt service in connection with the City's 2003
L TGO (portion related to fire hall construction). Subject to the terms of the L TGO, the District
may provide funds to the City for the City to pre-pay the LTGO or otherwise defease the LTGO.
2. At any time that the premises, fire hall, and improvements on the premises are no longer
primarily used by the District fur fire and emergency service purposes, which includes housing
equipment to respond to emergencies in the City of Port Townsend, then the premises, fire hall,
and improvements shall auto~tica1ly revert to the City at no cost, and the City shall have the
right to re-enter the preruises and take possession of them, free and clear of any interest of the
District or any third party clainUng through the District. Nothing prevents the District from
using the fire hall for incidental uses not directly related to the furnishing of emergency services,
for example, using the fire hall for community meetings, food drives, or as a voting location.
3. During District's use of the premises and improvements, District, at its sole cost, shall keep
the fire hall, including the rooflmd foundation, in good order, condition and repair, and as may
be required to comply with any laws and regulations, provided, nothing prevents the District
from replacing or remodeling the fire hall with a substantially equal or better structure in the
event the District determines the same is necessary.
4. In the event following annexation to the District, the City de-annexes from the District, then
the fire hall reverts to City owncm;hip and the District shall quit claim in fee simple its interest to
the City without cost
4
Fire Ball Lease
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11. CONDITION OF PREMISES.
LESSEE accepts the premises in "as is" condition as of the date of the Lease, and the City makes
no warranties or guarantees of any kind as to the condition of the same. The City agrees to
transfer and assign any and all interest it may have in any manufacturer's, contractors or
vendor's warranties related to the building or any portion thereof.
Notwithstanding the foregoing, the LESSOR shall be responsible to repair concrete work in the
vicinity of the walkway adjacent to the back parking lot to bring the same into ADA compliance,
and the City is further responsible for any sidewalk repairs or maintenance adjacent to the
building.
12. MAINTENANCE AND REPAIR
(a) LESSEE.
(1) During the existence of this Lease Agreement, LESSEE shall, at its own
expense, at all times keep the leased premises in a neat, clean, sanitary, and well-
maintained manner, and use the premises and the common areas in accordance with
applicable laws, ordinances, rules, regulations and requirements of governmental
authorities. The LESSEE shall permit no waste, damage or injury to the Premises.
(2) LESSEE's obligation to keep and maintain the premises in good order,
condition, and repair includes without limitation all plumbing and sewage facilities in the
premises, floors (including floor coverings), doors, locks, and closing devices, window
casements and frames, glass and plate glass, grilles, all electrical facilities and equipment,
HV AC systems and equipment, and all other appliances and equipment of every kind and
nature, and all landscaping upon, within, or attached to the premises. In addition,
LESSEE will at its sole cost and expense install or construct any improvements,
equipment, or fixtures required by any governmental authority or agency as a
consequence of LESSEE'S use and occupancy of the premises. LESSEE will replace
any damaged plate glass within forty-eight (48) hours after the occurrence of such
damages.
(3) LESSOR will assign to LESSEE, and LESSEE will have the benefit of,
any guarantee or warranty to which LESSOR is entitled under any purchase, construction,
or installation contract relating to a component of the premises that LESSEE is obligated
to repair and maintain. LESSEE will have the right to call upon the contractor to make
such adjustments, replacements, or repairs that are required to be made by the contractor
under such contract.
(4) At the expiration of this Lease, LESSEE shall return the premises to
LESSOR in the same condition in which received (or, if altered by LESSEE with
LESSOR'S consent, then the premises shall be returned in such altered condition),
reasonable wear and tear excepted.
5
Fire Hall Lease
(5) LESSEE, at its sole cost, shall keep the structure of the Fire Hall,
including the roof and ~oundation, in good order, condition and repair, and as may be
required to comply with any laws and regulations, subject to and provided as follows:
(i) LESSEE shall not be responsible for damage caused by the negligence of
LESSOR or its agents, employees, contractors, or invitees. LESSOR shall pay
for the repair of any damage caused by LESSOR, its representatives, agents,
employees, invltees, guests, independent contractors or principals (but not
including acts or omissions of LESSEE).
(ii) LESSOR shalll10t be responsible for any interruption or disturbance of
LESSEE's business, service, or occupancy because of any maintenance or repair
of any items or for any damage, injury or loss for failure to maintain or repair of
any items.
(iii)LESSEE shall notify LESSOR of any hazardous conditions which become
apparent to LESSEE or its agents, employees, contractors, or invitees.
(iv) LESSEE shall notify LESSOR of LESSEE's intent to perform work or repairs
under this sectipn 12, paragraph (5) of the Lease Agreement. Said notice shall be
in writing and lk given at least sixty (60) days in advance of the work or repairs
unless an emergency exists that makes giving notice impractical and impossible
(in which event, notice shall be given immediately). All work and repairs shall
be undertaken in a professional and workmanlike manner according to applicable
laws and regulations.
(b) LESSOR. LESSOR has no maintenance or repair obligations under this Lease
Agreement.
13. INSPECTION BY LESSOR
LESSOR reserves the right to inspect the leased premises at any and all reasonable times
throughout the term of this lease; provided that it shall not interfere unduly with LESSEE's
operations. The right of inspection reserved to LESSOR hereunder shall impose no obligations
on the LESSOR to make inspections to ascertain the condition of the premises and shall impose
no liability upon LESSOR for inlure to make such inspections.
14. ACCIDENTS. LIABILITY. INSURANCE. RELEASE
(a) LESSEE Hold Harmless. LESSOR shall not be liable, and LESSEE agrees to
defend, indemnify, and hold LIlSSOR, its employees, agents, contractors and invitees harmless
from, any claim, action and/or judgment, including reasonable attorney fees and court costs, for
any injury to any persons or fot damage to any property of LESSEE or others, including
LESSEE'S employees, agents, contractors and invitees regardless of how such injury or damage
was caused, sustained or alleged to have been caused or sustained by the LESSEE or by others as
6
Fir. Hall Lease
a result of any condition (including existing or future defects in the premises) or occurrence
whatsoever related in any way to the premises and to the areas adjacent thereto, or related in any
way to LESSEE's use or occupancy of the premises and the areas adjacent thereto, unless caused
by LESSOR'S sole negligence.
(b) LESSEE Insurance. At all times during the term and any renewals, Lessee will
carry and maintain, at Lessee's expense, the following insurance, in the amounts specified or
such other amounts as LESSOR may from time to time reasonably request:
(1) Liabilitv. Bodily injury and property damage liability insurance, with a
combined single occurrence limit of not less than $1,000,000. All such insurance will be
equivalent to coverage offered by a commercial general liability form including, without
limitation, personal injury and contractual liability coverage for the performance by
Lessee of the indemnity agreements set forth in this lease;
(2) Pronertv. Insurance covering all of LESSEE'S furniture and fixtures,
machinery, equipment, stock, and any other personal property owned and used in
LESSEE'S business and found in, on, or about the project, and any leasehold
improvements to the premises in an amount not less than the full replacement cost, or
otherwise in form as deemed satisfactory and sufficient to LESSEE, to fully insure
LESSEE'S property, or the property of others located on the premises. Property forms
will provide coverage on a broad form basis insuring against "all risks of direct physical
loss" (including earthquake). All policy proceeds will be used for the repair or
replacement of the property damaged or destroyed; however, if this Lease ceases under
the provisions of Damage or Destruction, LESSEE will be entitled to any proceeds
resulting from damage to LESSEE'S furniture and fixtures, machinery and equipment,
stock, and any other personal property; LESSOR shall be named as a loss payee to the
extent of LESSOR's interests.
(3) LESSEE agrees to supply LESSOR with aPPropriate evidence to establish
that insurance obligations as herein provided have been met; that the insurance policy or
policies as herein required are not subject to cancellation without at least ten (10) days
advance written notice to LESSOR; and that the LESSOR is named as an additional
insured.
(c) LESSOR Insurance. LESSOR agrees to maintain such "all risk" coverage on the
premises including earthquake and flood insurance as is typically provided by City's insurance
authority WCIA, in such amount as LESSOR periodically designates with WCIA. To the extent
typically provided by WCIA, insurance shall be for the full replacement value of the building.
Deductibles shall be within the City's discretion, however, shall be consistent with deductibles
on other buildings owned by LESSOR.
(d) LESSEE'S Release. LESSEE waives and releases all claims against LESSOR, its
employees, and against, with respect to any damage or loss to LESSEE'S property for which
LESSEE has agreed to provide property insurance as set forth above, from any cause, including
LESSOR'S negligence, but not including intentional acts by LESSOR, and LESSEE
7
Fire Hall Lease
acknowledges and agrees that its property insurance will fully satisfy any loss or damage it
sustains from any loss or ~e however caused.
(e) Waiver ofSubro~ation. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Lessee's waiver ofirnrnunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the patties. The provisions of this section shall survive the expiration or
termination of this Agreement.!
15. ASSIGNMENT OR StJBLEASE
(a) Because consideration for this Lease Agreement is based in part on LESSEE
providing a substantial public benefit, LESSEE shall not assign or transfer this lease, without
LESSOR'S prior written co~t, which LESSOR may withhold in LESSOR'S sole discretion.
(b) LESSEE may, upon approval of the LESSORS, sublet a portion of the Fire Hall to
other emergency services providers ifin the judgment of the LESSEE and LESSOR that sublet is
beneficial to the operations offublic Safety Services within the jurisdiction.
( c) This Lease Agreement or any interest therein shall not be assignable or
transferable by operation oflaw or by any process or proceeding of any court, or otherwise,
without the written consent oflhe LESSOR.
16. DEFAULTS
(a) LESSEE Defaults. Time is of the essence of this agreement, and in the event of
the failure of LESSEE to perform its obligations, or to keep any of the covenants or agreements
herein set forth to be kept and performed, the LESSOR may elect to terminate this lease and re-
enter and take possession of the premises with or without process of law; provided, however, that
LESSEE shall be given thirty ($0) days notice in writing stating the nature of the default in order
to permit LESSEE to remedy sUch default within said thirty day period, or in the event the
default cannot be reasonably remedied within said thirty days, that LESSEE commence to
remedy within that period and 6iligently prosecutes such remedy to completion.
(b) LESSOR Defaults. In the event LESSOR shall fail to keep and perform any of
the covenants and agreements Il.erein contained, and such failure continues for thirty (30) days
after written notice from the LSSSEE (unless such failure cannot be cured within such thirty (30)
day period and LESSOR comniences to cure within that period and diligently prosecutes such
cure to completion), then the 41SSEE shall have all rights and remedies applicable at law or in
equity.
17. DAMAGEORDESTtUCTION
.1
In the event the premisClls or any portion of the premises are destroyed by reason offire or
other cause, LESSEE will immediately notify LESSOR. If the building, or any portion of the
8
Fire Hall Lease
building, is damaged or destroyed by fire or any other cause, LESSOR will promptly repair or
rebuild the building at LESSEE'S expense, so as to make the building as least equal in value to
the building iJnmediately prior to the occurrence and as nearly similar to it in character as is
practical and reasonable. LESSOR will apply and make available the net proceeds of any fire or
other casualty insurance paid to LESSOR, after deduction of any costs of collection including
attorney fees, for repairing or rebuilding. Cost of repair and rebuilding includes the cost of any
architect and engineer to prepare and review any plans and specifications. Rent is not abated
pending the repairs and rebuilding except to the extent LESSOR receives a net sum as proceeds
of any rent insurance.
If the building is damaged by fire or otherwise and the Lessee determines that expenses
to repair after application of insurance shall exceed $100,000.00, this constitutes an emergency
event under the parties Interlocal Agreement (effective January 1, 2007) then the District shall so
inform the Joint Board and the following shall occur: the Joint Board shall prepare a report and
recommendation to be submitted to the legislative body of each of the parties for review. The
parties agree to review any recommendation of the Joint Board, and if necessary to consider, in
order to fund emergency expenses, approving the issuance and sale of general obligation bonds,
submitting to the respective voters of the City and District for their approval a tax levy, or other
options presented by the Joint Board.
If during the last five years of the term, as extended according to this Lease Agreement,
the building is so damaged by fire of otherwise that the cost of restoration exceeds fifty percent
of the replacement value of the building (exclusive of the foundations) immediately prior to the
damage, either LESSOR or LESSEE may within thirty days of the damage give notice of its
election to terminate this Lease Agreement, Provided, LESSEE will have no obligation to repair
or rebuild, and the entire insurance proceeds will belong to LESSOR.
18. LlliNS:ENCUMBRANCES
LESSEE shall keep the Premises free from any liens or encumbrances arising out of any
work performed for, materials furnished to, or obligations incurred by LESSEE and shall hold
LESSOR harmless against the same, and further, shall not place any liens or encumbrances
against the premises, or the Fire Hall, and the same shall be void and of no effect.
19. EMINENT DOMAIN
Nothing prevents the LESSOR, acting in its governmental capacity, from exercising
powers of eminent domain pursuant to law to acquire LESSEE'S interest in the Lease
Agreement.
20. WAIVER OF SUBROGATION
LESSEE and LESSOR each release, relinquish and relieve the other of and waive their
respective rights of recovery against the other for damage, injury or loss arising out of or
incidental to fire, explosion, or any other perils covered under any property insurance or
commercial general liability policy applicable to the Premises, which occurs in, on or about the
premises, whether due to the negligence of either party, their agents, representatives, employees,
9
Fire Han Lease
invitees, guests, independent cbntractors or principals. LESSOR and LESSEE will cause their
respective insurers to issue appropriate waivers of subrogation rights endorsements to all policies
of insurance carried in connection with Fire Hall or the premises or the contents of either one;
Provided that, this release, relihquishment and waiver shall not be effective or operative if,
because of its existence or opej"ation, the LESSOR cannot obtain property coverage or
commercial general liability ut;urance on the Property with companies and with content and in
amounts reasonably satisfactory to LESSOR or LESSOR's bondholders or lenders, or if
obtainable, an additional premium is required.
21. INSOLVENCY
If LESSEE shall file atJetition in bankruptcy, or if LESSEE shall be adjudged bankrupt
or insolvent by any court, or if a receiver of the property of LESSEE shall be appointed in any
proceeding brought by or a~t LESSEE, or if LESSEE shall make an assignment for the
benefit of creditors, or if any ptoceeding shall be commenced to foreclose any mortgage or any
other lien on LESSEE'S interest in the premises or on any personal property kept or maintained
on the premises by LESSEE, the LESSOR may, at its option, terminate this lease.
22. WAIVER
The acceptance of the benefits of this Lease Agreement by the LESSOR for any period or
periods after a default by LESSEE shall not be deemed a waiver of such default unless the
LESSOR shall so intend and s1iall so advise LESSEE in writing. No waiver by the LESSOR of
any default hereunder by LESSEE shall be construed to be or act as a waiver of any subsequent
default by LESSEE.
23. OUIET ENJOYMENT: LESSEE and LESSOR COVENANT
(a) Providing LESSEE observes and performs all terms and provisions of this Lease
to be observed or performed by LESSEE, LESSOR shall secure to LESSEE during the Lease
Term the quiet and peacefol polssession of the Premises as against any adverse claim of LESSOR
or any party claiming under LBSSOR in accordance with the terms and provisions of this Lease.
(b) LESSOR states that in its use of the premises adjacent to the leased premises that
it shall permit no excessive noiSe, noxious odors, vibrations, or any discharge of whatsoever
nature, which would be incompatible with the uses of LESSEE on the leased premises or which
may constitute a nuisance at la"" except during periods of construction, maintenance, repair, or
replacement, and the parties agree to cooperate to allow construction, maintenance, repair, or
replacement determined appropriate by LESSOR to occur, without liability (except for damage
caused by LESSOR's neglig~e).
24. SURRENDER
At the end of the Lease, LESSBE will surrender the premises in good order and condition,
ordinary wear and tear except~. LESSEE will not remove any trade fixtures or equipment
fastened to the building without LESSOR'S consent.
10
Fire Ban Lease
25. ARBITRATION
Any controversy or claim arising out of or related to this Agreement or the breach or
alleged breach thereof shall be settled according to the procedures of the American Arbitration
Association. Any costs, expenses and legal fees incurred in arbitration shall be awarded as
detennined in the course of the arbitration, and may be awarded to the prevailing party.
Jurisdiction for any arbitration action shall be Jefferson County.
26. ADVANCES BY LESSOR FOR LESSEE
If LESSEE shall fail to do anything required to be done by it under the terms of this
lease, the LESSOR may, at its sole option, do such act or thing on behalf of LESSEE, and upon
notification by LESSOR of the cost thereof to the LESSEE, LESSEE shall promptly pay
LESSOR the amount of that cost. Any such payment made by LESSOR on behalf of LESSEE
shall bear interest at the rate of twelve (12%) percent per annum until paid in full.
27. NOTICES
All notices hereunder may be personally served, delivered or mailed. If mailed, they shall
be sent by certified or registered mail to the addresses:
LESSOR:
. City Manager
City of Port Townsend
City Hall
250 Madison Street, #201
Port Townsend, W A 98368
LESSEE:
Fire Chief
East Jefferson Fire and Rescue
Jefferson County Fire District No.1
1256 Lawrence Street
Port Townsend, W A 98368
or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing. Notices sent by mail shall be deemed to have been given when properly
mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence
of the date of mailing.
28. SEVERABILITY
11
Fire Han Lease
If any provision of this Lease is found by a court of competent jurisdiction to be illegal,
invalid, or unenforceable, the remainder of the Lease will not be affected, and in lieu of each
such provision that is found to be illegal, invalid, or unenforceable, provision will be added as a
part of this Lease that is as sinJilar to the illegal, invalid, or unenforceable provision as may be
legal, valid, or enforceable.
29. "LESSEE" INCLUD"f;S LESSEES. ETC.
!
The words "LESSOR" bnd "LESSEE", when used herein, shall be applicable to one or
more persons, as the case may be, and the singular shall include the plural, the neuter shall
include the masculine and feminine, and if there be more than one principal in the LESSEE, the
obligations of the LESSEE hereunder shall be joint and several among all its principals. The
words "person(s)" whenever wled shall include individuals, firms, associations and corporations
and any other legal entity. Tho language in all parts of this Lease shall in all cases be construed
as a whole and in accordance with its fair meaning, and shall not be construed strictly for or
against LESSOR or LESSEE, both LESSOR and LESSEE having negotiated and bargained for
this Lease and its terms and provisions.
30. ENTIRE AGREEMEt!T: REVOCATION OF PRIOR AGREEMENTS
This Lease contains th~ entire agreement of the parties hereto with respect to the leasing
and use and occupancy of the Premises and use of the Property, and no other agreement,
statement, promise, representation or understanding by any party hereto, or any of their
respective agents, representati~s, employees or principals which is not contained in this Lease is
hereby mutually rescinded and revoked and shall not be binding or valid.
31. AMENDMENTS
Any amendments or ad4itions or modifications to this Lease shall be in *'riting executed
by the parties hereto. Neither ILESSEE nor LESSOR shall be bound by any verbal or implied
agreements.
32. VENUE
Venue for any action hareunder shall be the Superior Court of Jefferson County,
Washington and the laws of tho State of Washington shall govern this lease. LESSEE consents
to the jurisdiction of such court.
33. CAPTIONS
The captions of this leaSe are for convenience only and do not in any way limit or
amplify the provisions of this l~e.
34. ADVICE OF COUNSI:L: CONSTRUCTION
The parties warrant and represent to each other that they have had representation by legal
counsel andlor have had the opportwrity to be represented by legal counsel during all stages in
12
Fire Hall Lease
the negotiation of this Lease. The parties further agree that they have participated in the
negotiating and drafting of this Lease and stipulate that this Lease shall not be construed more
favorably with respect to either party.
35. AUTHORIZATION
The undersigned warrant and represent that they are authorized on behalf of each
corporate entity to execute this Lease on behalf of each entity. The City warrants that it has
approved the Lease by duly adopted Resolution approved by the legislative body in open public
meeting.
36. RECORDING
On execution of this Agreement by both parties, either party may record a Memorandum of
Lease Agreement in Jefferson County.
Attachments:
A - form of deed
LESSOR
CITY OF PORT TOWNSEND
LESSEE
JEFFERSON COUNTY FIRE
DISTRICT NO.1
./
By
ondurant, Jr.
Date: /J/~ )'"7
. ,
Date:
Attest:
Q41"',z cp{~
Pamela Kolacy, CMC, City Cler
By ~d ~/
Richard S:'~ Jr.
Date: ~7
By~j~~ ~o
V. 'IL S '\l
lrgI . ee
DatJ.-1 (J,.. - (J '/
!
13
Fire Hall Lease
Approved as to Form:
By ~ (~~
Zane 11, Sr. '
Date: J II 4/ 1'7
~cs
John P. Watts, City Attorney
By
Edward L. Davis
Date:
~ri(~N
Date: /1/(// d7
, /
14
Fire Hall Lease
STATE OF W ASlllNGTON )
)ss.
COUNTY OF JEFFERSON )
On this2'j1;~y of t:x ~t'W\. h,~ , 2006, before me the undersigned, a Notary Public duly
commissioned and sworn, personally appeared David Timmons, known to be the City Manager of the
CITY OF PORT TOWNSEND, the municipality that executed the foregoing Lease Agreement for the
Fire Hall, and acknowledged the said instrmnent to be the 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
execute the said instrmnent on behalf of the municipality.
written.
.?1c~-~ (~J'~0
[Print name]
NOTARY PUBLIC in and for the State of ,
Washington, residing at-P ~1 ~\, L''fcLc ~ hl/1
My appointment expires:
STATE OF W ASlllNGTON )
)ss.
COUNTY OF JEFFERSON )
On this l.!e. day of J II n ,2002 before me the undsrsj?l!ed, a Notary Public duly
c9l"missioned and s'Warn, personally appearedJ" 55 ~14~own to be the
!i1 m m I s;$ tlt~ <.4 If JEFFERSON COUNTY FIRE DISTRICT 1, that executed the
foregoing Lease Agreement for the Fire Hall, and acknowledged the said instnJment to be the free and
voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that
he is authorized to execute the said instrument on behalf of the entity.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
......................,..."...,'.
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{J/;-I<u tC~
[ tname]
NOTARY PUBLIC in ~: the State of
Washington, residing at .L^~
My appointment expires: 1-('7'0f'
15
Fire Hall Lease
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
On this i!e day of JD /) , 200 ~fore_ me e \ffigersigned, a NotaJy Public duly
c}Wlmissioned1ihd~wom, personillly appeared' .Jr.known to be the
(.1 m n II < < l " I J.4 ,. JEFFERSON CO DISTRICT I, that executed the
foregoing Lease Agreement for the Fire Hall, and acknowledged the said instrument to be the free and
voluntaJy act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that
he is authorized to execute the ~ instrument on behalf of the entity.
WTINESS my hand and official seal hereto affixed the day and year iu this certificate above
written.
..................."...,",'.."
_--:.~ \.. CAA "I,
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STATEOFWAS~N )
)$S.
COUNTY OF JEFFERSON )
On this /1;, day of ...j It 11 . 200 ~efore me the undersigned, a NotaJy Public duly
commissioned and sworn, perso~ly appeared V, r-Ci 1 f ~, known to be the
(I ~ IYl m I SJ. (4 fI.~r JEFFERSON CllUNTY FIRE DISTRICT I, that executed the
foregoing Lease Agreement for .he Fire Hall, and acknowledged the said instrument to be the free and
voluntaJy act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that
he is authorized to execute the ~ instrument on behalf of the entity.
~L(i~
[Print name]
NOTARY PUBLIC in an5l, for the State of
Washington, residing at &.a.-~
My appointment expires: 1-/4-0'8'
WTINESS my hand and official seal hereto affixed the day and year in this certificate above
written.
,...,...,....,"""",\\
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f2Lda:J....C~._~llj /
[Print name] --r~
NOTARY PUBLIC in ang,., for the State of
Washington, residing at L~~
My appointment expires: I-I'}-Cl("
16
Fire Hall Lease
STATEOFWASlllNGTON )
)ss.
COUNTY OF JEFFERSON )
On this /4 day of J{1 t? , 200 Z before me the undersigned, a Notary Public duly
~missioned and.l'WQTIl, personally appeared 2.ft,Ji WVI) ,.s 1", known to be the
-CAm m I S,Sll n.t"'" JEFFERSON COUNTY FIRE DISTRICT 1, that executed the
foregoing LealIe Agreement for the Fire Hall, and acknowledged the said instrument to be the free and
voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that
he is authorized to execute the said instrument on behalf of the entity.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
...:.................."""""1
_--- ;"I.~ E. L. C,q ",
.f o:..~~,~.~.\;S~)c!o/:.:c..,>_;:.ti\~
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.'ll 1- ~VAS\-\\\~ _--
STATE OF WASlllNGTON"","'~
)ss.
COUNTY OF JEFFERSON )
On this j ~ day of Ja 17 , 2002 befor~. qt e the undersigned, a Notary Public duly
%,mmiss~oned 8Qd sworn, personally appeared "Mf('\} tiP! It/Tllf'l6lown to be the
L' l m {YI1.s.~L4 I)..J t' JEFFERSON COUNTY FIRE DISTRICT I, that executed the
foregoing Le8le Agreement for the Fire Hall, and acknowledged the said instrumeut to be the free and
voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that
he is authorized to execute the said instrument on behalf of the entity.
o 1Htt.-1 /2 I ad
[Print name] ~
NOTARY PUBLlC in and for the State of
Washington, residing at ~--l....-{gy
My appointment expires: J -I "7 ^"~
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
"...............,"""
_---:,;:,10 L. C41~""
_- ~',.<',',' ,....'1,0 '"
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[pr~~/~
NOTARY PUBLIC in and for the State of
Washington, residing at 14a..d.".;-
My appointment expires: ) - /1-oy
17
'.
Attachment A to Fire Hall Lease
(Form of Deed - see section 10 of Lease)
IU.TIJIIN TO:
101m P. W-, City Anomoy
CityofPortT~
250 Madison S_
Port TOWDSald, WA 98368
Tdephonc: 339-S047 Fax: 3854290
QUIT CLAIM DEED
(Subject to Terms Including Right of Reversion and Reentry)
Grantor(s): City of Port Townsend, a Washington municipal corporation
Grantee: Jefferson County Fire District No.1, a Washington municipal corporation
Brief Legal Description(s):
Block Z, Lots I and 3 in the plat ofKulm's Ranch as recorded in Volume 2, Page 26, within the
southeast quarter of Section 2, Township 30 North, Range 1 West, W.M., Records of Jefferson
County, Washington.
Jefferson County Assessor Tax Parcel No. 965 703 001 and 965 703 003
FOR AND IN CONSIDERATION OF a Lease Agreement dated , 2006
between the parties, a Memorandum of which is recorded under AFN , and other
good and valuable consideration, the receipt of which is hereby acknowledged by the Grantor,
City of Port Townsend, a Washington municipal corporation, Grantor, hereby conveys and
quit claims to the Jefferson County Fire District No.1, a Washington municipal corporation,
grantee, and successors and assigns, the following described real estate, situated in the County of
Jefferson, State of Washington:
Block Z, Lots I and 3 in the plat of Kuhn's Ranch as recorded in Volume 2, Page 26,
within the southeast quarter of Section 2, Township 30 North, Range I West, W.M.,
Records of Jefferson County, Washington.
TOGETHER WITH all improvements on the premises, including, the fire haIl; and
SUBJECT TO terms and c~ditions set forth in Exhibit A, attached and incorporated
herein by reference.
IN WITNESS WHEREOF, this Quit Claim Deed is executed on this _ day of
,20_,
GRANTOR(S):
Dated:
STATE OF WASHINGTON )i
COUNTY OF JEFFERSON
)'
)ss
On this _ day of , 20 ~ before me personally appeared , to me known
to be the City Manager of the City ofl'ort Townsend, Washington, and he executed the within and foregoing Deed,
and acknowledged that the Deed was sigoed as his free and voluntary act for the uses and pwposes therein
mentioned, and on oath stated that he'jg authorized to execute said Deed.
j
[Notary Print Name]
Notary sigoature
Residing at:
My commission expires:
2
Exhibit A to Deed
I. Jefferson County District I ("Districf') shall continue to pay the debt service of the City of
Port Townsend ("City") in connection with the City's 2003 L TGO (portion related to fire hall
construction). Subject to the terms of the L TGO, the District may provide funds to the City for
the City to pre-pay the L TGO or otherwise defease the L TGO.
2. At any time that the premises, fire hall, and improvements on the premises are no longer
primarily used by the District for fire and emergency service purposes, which includes housing
equipment to respond to emergencies in the City of Port Townsend, then the premises, fire hall,
and improvements shall automatically revert to the City at no cost, and the City shall have the
right to re-enter the premises and take possession of them, free and clear of any interest of the
District or any third party claiming through the District. Nothing prevents the District from
using the fire hall for incidental uses not directly related to the furnishing of emergency services,
for example, using the fire hall for community meetings, food drives, or as a voting location.
3. During District's use of the premises and improvements, District, at its sole cost, shall keep
the fire hall, including the roof and foundation, in good order, condition and repair, and as may
be required to comply with any laws and regulations, provided, nothing prevents the District
from replacing or remodeling the fire hall with a substantially equal or better structure in the
event the District determines the same is necessary.
4. In the event following annexation to the District, the City de-annexes from the District, then
the fire hall reverts to City ownership and the District shall quit claim in fee simple its interest to
the City without cost