HomeMy WebLinkAboutPort of Port Townsend New Rental Agreement 333 Benedict Street - 091426 PORT OF PORT TOWNSEND
BOAT HAVEN BUILDING RENTAL AGREEMENT
THIS RENTAL AGREEMENT made this day of September 2026, by and between the PORT OF
PORT TOWNSEND, a municipal corporation organized and existing under the laws of the State of
Washington, Landlord, hereinafter referred to as "the Port," and JEFFERSON COUNTY, a municipal
corporation organized and existing under the laws of the State of Washington, hereinafter referred
to collectively as "Tenant,"
WITNESSETH:
FOR AND IN CONSIDERATION of the mutual promises,covenants, and conditions hereinafter set
forth,the parties agree as follows:
1. PREMISES: The Port hereby rents to Tenant, and Tenant hereby hires and rents from the
Port,the following described premises situated in Jefferson County, State of Washington:
A 1,350 square foot (approx.) commercial office building, commonly referred to as
the "Commission Building",together with 143 square feet of appurtenant building
access areas(ramp, stairs, and decks), located at 333 Benedict Street, Port
Townsend, WA, in the Port's Boat Haven facility,
hereinafter referred to as"the Premises." The Premises are depicted on Exhibit "A"which is
attached hereto and which by this reference is incorporated herein as if fully set forth herein.
2. TERM: This Agreement shall be for a month-to-month tenancy, beginning on the 15t of
October 2026.
3. RENT:
a. Tenant agrees to pay as rental for the rented premises the sum of Two Thousand
and Two Hundred and Sixty Dollars and Ninety-Nine Cents($2,260.99)1, plus all
applicable taxes, per month.
b. The rental rate beginning in year two (2) and annually throughout the term of the
lease will be adjusted by an amount equal to the accumulative amount found on the
Consumer Price Index for all urban consumers (CPI-U) for Seattle-Tacoma-Bellevue,
which is compiled by the Department of Labor, Bureau of Statistics.
c. In no event shall any rent adjustment result in a reduction in rent from the rate paid
in the prior year.
Calculated as follows:building space @ $1.64 per s.f.x 1,350=$2,213.36;land @$0.33 per sq.ft.x 143=$47.63;
$2,213.36+$47.63=$2,260.99.
PORT/JEFFERSON COUNTY 1 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANT INITIALS
d. The rent for each month shall be paid to the Port in advance on or before the first
day of each and every month of the lease term and shall be payable at such place as
the Port may hereinafter designate
4. LATE CHARGE: In the event that any rent remains unpaid more than twenty(20)days after it
is due,Tenant shall also be obligated to pay a "late charge" as per the Port of Port Townsend
Rate Schedule then in effect.
5. DEPOSIT: Tenant shall deposit with the Port at the inception of this agreement,one-month's
security in the amount of Two Thousand and Two Hundred and Sixty Dollars and Ninety-
Nine Cents($2,260.99). Tenant has an existing deposit of One Thousand Seven Hundred
Sixty-Five Dollars and Eighteen Cents($1,765.18),therefore Four Hundred and Ninety-Five
Dollar and Eighty-One Cents ($495.81)2 will be deposited upon the execution of this
Agreement.The deposit shall be held by the Port as security for Tenant's faithful
performance of all its obligations under this Rental Agreement. Any interest earned on
amounts deposited shall be retained by the Port. The deposit shall be returned to Tenant
upon termination of this Rental Agreement, less any charges owing to the Port or expenses
incurred by the Port in repairing damage caused by Tenant or restoring the Premises to the
condition required upon termination of this Rental Agreement.
6. USE OF PREMISES: Tenant shall use the premises for government-related general office
function and shall not use them for any other purpose without the prior written consent of
the Port. Tenant shall use the entire premises for the conduct of said activity in a first-class
manner continuously during the entire term of this Agreement,with the exception of
temporary closures for reasons beyond Tenant's reasonable control.
7. CONDUCT COVENANTS AND WARRANTIES: In addition to all other covenants and
warranties set forth herein,Tenant specifically represents to the Port as follows:
a. Quiet Conduct. The conduct of Tenant and such others for whom Tenant is responsible
shall not, in any manner,disturb the quiet enjoyment of other tenants, invitees,or
visitors, in or near where the Premises are located, including common areas.
b. Damage. The conduct of Tenant and such others for whom Tenant is responsible shall
not result in or cause destruction or damage to the Premises, or any part thereof
including, but not limited to any and all common areas,or the property of other
tenants,their invitees,and visitors.
8. UTILITIES: Tenant shall be liable for and shall pay throughout the term of this Rental
Agreement,all utility services furnished to the Premises, including, but not limited to light,
heat, electricity,gas,water,sewerage,stormwater, garbage disposal, and communications.
Wi-Fi and/or fiber services are not included in the rent.
2 Calculated as follows:$2,260.99-$1,765.18=$495.81
PORT/JEFFERSON COUNTY 2 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANT INITIALS
9. ACCEPTANCE OF PREMISES: Tenant has examined the Premises and accepts them in their
present condition "as is"and without further maintenance liability on the part of the Port.
The Port makes no representations or warranties with respect to the condition,suitability,
zoning restrictions,or usability, except the Port's right to grant a lease of the Premises.
Tenant acknowledges that it has fully inspected the Premises and is not relying on any
statement or representation made by the Port or the Port's agents with respect to the
condition of the Premises, and Tenant assumes the responsibility and risks of the same,
including any defects or conditions that cannot be observed by casual inspection.
10. WAIVER OF LANDLORD LIABILITY: The Port shall not be liable to Tenant for any loss or
damage which may be sustained by Tenant or to the person or goods, wares, merchandise
or other property of Tenant, Tenant's employees, contractors, invitees, customers,or any
other person in or about the Premises from any cause whatsoever, including, but not
limited to,the following: any loss or damage from any burst, stopped or leaking water,
gas, sewer or other pipes or plumbing fixtures or equipment; stormwater system pump
failures; or from any failure of or defect in any lighting or electrical components, circuits,
facilities or systems, whether said injury or damage results from conditions arising upon
the Premises or upon other portions of the Building of which the Premises are a part,
from other sources or places, and regardless of whether the cause of such damage or
injury or the means of preparing the same is accessible or not. The Port shall not be liable
for any damages arising from any act or neglect of any other tenant of the Port nor from
the failure by the Port to enforce the provisions of any other lease in the Boat Haven
Industrial Park. Notwithstanding the Port's negligence or breach of this Lease, the Port
shall under no circumstances be liable for injury to Tenant's business or for any loss of
income or profit therefrom.
11. MAINTENANCE AND REPAIR: Maintenance and repair of the premises shall be the sole
responsibility of Tenant. Accordingly, at the expiration or sooner termination of this
Agreement,Tenant shall return the premises to the Port in the same condition in which
received (or,if altered by Tenant with the Port's consent,then the premises shall be
returned in such altered condition), reasonable wear and tear and damage by fire or
unavoidable casualty excepted. Tenant's obligation to make repairs shall not extend to any
structural parts of the building, including the foundations, bearing and exterior walls,
subflooring and roofs,the unexposed electrical, plumbing and sewerage systems
(including those portions of the systems lying outside the premises), exterior siding,
doors, window frames, gutters, downspouts, and the heating, and the ventilation system
serving the premises, unless such repairs are necessitated by Tenant's negligence or failure
to maintain the interior. Tenant shall,at its'own expense, and at all times:
a. Keep the premises, and the adjoining roadways and sidewalks, neat, clean and in a safe
and sanitary condition.
b. Maintain and keep the rented premises in a good state of repair;and
PORT/IEFFERSON COUNTY 3 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANTUNITIALS
c. Not commit waste of any kind.
12. ALTERATIONS AND IMPROVEMENTS: Tenant shall make no alterations or improvements to
or upon the Premises or install any fixtures(other than trade fixtures which can be removed
without injury to the Premises)without first obtaining written approval from the Executive
Director of the Port. Such written approval shall also include agreement for disposition of
the improvements upon termination of this Rental Agreement.
13. INSPECTION-"FOR RENT"SIGNS: The Port reserves the right to inspect the rented Premises
at any and all reasonable times throughout the term of this Rental Agreement, PROVIDED,
that it shall not interfere unduly with Tenant's operations. The right of inspection reserved
to the Port hereunder shall impose no obligation on the Port to make inspections to
ascertain the condition of the Premises and shall impose no liability upon the Port for failure
to make such inspections. The Port shall have the right to place and maintain "For Rent"
signs in conspicuous places on the Premises for thirty(30)days prior to the expiration or
sooner termination of this Rental Agreement.
14. INDEMNIFICATION AND HOLD HARMLESS: The Port, its employees and agents shall not be
liable for any injury(including death)to any persons or for damage to any property,
regardless of how such injury or damage be caused, sustained,or alleged to have been
sustained by the Tenant or by others as a result of any condition (including existing or future
defects in the Premises)or occurrence whatsoever related in any way to the Premises and
the areas adjacent thereto or related in any way to Tenant's use or occupancy of the
Premises and of the areas adjacent thereto. Tenant agrees to defend and to hold and save
the Port harmless from all liability or expense of litigation) in connection with any such items
of actual or alleged injury or damage.
15. LIMITED WAIVER OF IMMUNITY UNDER WASHINGTON STATE INDUSTRIAL INSURANCE
ACT,TITLE 51 RCW AND OTHER SIMILAR INDUSTRIAL INSURANCE SCHEMES: For
purposes of the indemnification provision set forth in Paragraph 14, above, and only to
the extent of claims against Tenant by the Port under such indemnification provision,
Tenant specifically waives any immunity it may be granted under the Washington State
Industrial Insurance Act,Title 51 RCW,The United States Longshore and Harbor Workers
Compensation Act, 33 USC§901-950,or any other similar workers' compensation
schemes. The indemnification obligation under this lease shall not be limited in any way
by any limitation on the amount or type of damages, compensation or benefits payable to
or for any third party under workers' compensation acts, disability benefit acts,or other
employee benefit acts. The foregoing provision was specifically negotiated and agreed
upon by the parties hereto.
PORT/JEFFERSON COUNTY 4 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANT INITIALS
16. INSURANCE: Tenant agrees to maintain during the lease term liability insurance as set forth
below, at Tenant's sole expense. All such insurance shall name the Port of Port Townsend as
an additional insured and shall be with insurance companies acceptable to the Port.
a. Comprehensive General Liability Insurance against claims for injury or death to persons
or damage to property with minimum limits of liability of$1,000,000.00 combined
single limit for each occurrence. Such insurance shall include but not be limited to
bodily injury liability,personal injury liability, property damage liability, broad form
property damage liability,contractual liability, and products/completed operations
liability.
b. Workers Compensation Insurance as will protect tenant's employees from claims
under Washington Workers Compensation Act as well as all Federal Acts applicable to
the tenant's operations at the site such as but not limited to U.S. Longshoremen and
Harborworkers Act,Jones Act, and Federal Employers Liability section of the
Washington Workers Compensation Policy and all Federal Acts Insurance shall not be
less than $1,000,000.00 for each occurrence.
The Tenant agrees to supply the Port with appropriate evidence to establish that its
insurance obligations have been met, and that the insurance policy or policies are not subject
to cancellation without at least thirty(30)days advance written notice to the Port. The
conditions set forth in subparagraphs a, b and c of this Paragraph 16 shall be met prior to
inception of this Lease Agreement.
17. WAIVER OF SUBROGATION: The Port and Tenant hereby mutually release each other from
liability and waive all right of recovery against each other for any loss from perils insured
against under their respective fire insurance contracts, including any extended coverage
endorsements thereto, PROVIDED,that this Paragraph 17 shall be inapplicable if it would
have the effect,but only to the extent that it would have the effect,of invalidating any
insurance coverage of the Port or Tenant.
19. INCREASE IN COST OF INSURANCE: Tenant shall not use the demised Premises in such a
manner as to increase the existing rates of insurance applicable to the buildings or structures
of which the Premises are a part. If it nevertheless does so,then, at the option of the Port,
the full amount of any resulting increase in premiums paid by the Port with respect to the
buildings or structures of which the rented Premises are a part, and to the extent allocable to
the term of this Rental Agreement, may be added to the amount of rental hereinabove
specified and shall be paid by Tenant to the Port upon the monthly rental day next thereafter
occurring.
20. TAXES: Lessee shall be liable for, and shall pay throughout the term of this Lease, all license
and excise fees and occupation taxes covering the business conducted on the premises, and
all taxes on property of Lessee on the leased premises and any taxes on the leased premises
or leasehold interest created by this Lease Agreement.
PORT/JEFFERSON COUNTY 5 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANT INITIALS
21. COMPLIANCE WITH PORT REGULATIONS AND WITH ALL LAWS: Tenant agrees to comply
with all applicable rules and regulations of the Port pertaining to the building or other realty
of which the Premises are a part now in existence or hereafter promulgated for the general
safety and convenience of the Port,its various tenants, invitees,licensees, and the general
public. Tenant also agrees to comply with all applicable federal,state,and municipal laws,
ordinances, and regulations. Tenant further agrees that all buildings,structures,or other
improvements,approved by the Port,will be properly permitted by the City of Port
Townsend. Any fees for any inspection of the Premises during or for the lease term by any
federal,state,or municipal officer and the fees for any so-called "Certificate of Occupancy"
shall be paid by Tenant.
22. ASSIGNMENT OR SUBLEASE: The tenancy created hereby is personal to Tenant and may not
be assigned, nor may the premises be sublet,to any other party.
23. SIGNS: No signs or other advertising matter,symbols,canopies,or awnings shall be attached
to or painted or within the rented Premises,including the windows and doors thereof,
without the approval of the Executive Director of the Port first had and obtained. At the
termination or sooner expiration of this Rental Agreement,all such signs, advertising matter,
symbols,canopies,or awnings attached to or painted by Tenant shall be removed by Tenant
at its own expense,and Tenant shall repair any damage or injury to the Premises,and correct
any unsightly condition, caused by the maintenance and removal of said signs,etc.
24. DEFAULTS-TERMINATION:
a. Time is of the essence of this Agreement. In the event of the failure of Tenant to pay the
rental amount plus late charges as specified under Paragraphs 3 and 4,above,this Rental
Agreement shall automatically terminate,and the Port shall reenter and take possession
of the premises with or without due process of law.
b. In the event of the failure of Tenant to keep any of the covenants or agreements
herein set forth that are unrelated to payment of rent or late charges specified
under paragraphs 3 and 4, above,the Port may elect to terminate this Agreement
and reenter and take possession of the premises with or without process of law,
PROVIDED,however,that Tenant shall be given fifteen (15)days' notice in writing
stating the nature of the default in order to permit such default to be remedied by
Tenant within said fifteen (15)day period. If upon reentry by the Port there
remains any personal property of Tenant or of any other person upon the rented
premises,the Port may,but without the obligation so to do, remove said personal
property and hold it for the owners thereof or may place the same in a public
garage or warehouse, all at the expense and risk of the owners thereof, and Tenant
shall reimburse the Port for any expense incurred by the Port in connection with
such removal and storage. The Port shall have the right to sell such stored
property,without notice to Tenant,after it has been stored for a period of thirty
PORT/JEFFERSON COUNTY 6 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANT INITIALS
(30)days or more,the proceeds of such sale to be applied first to the cost of such
sale,second to the payment of the charges for storage, and third to the payment of
any other amounts which may then be due from Tenant to the Port, and the
balance, if any,shall be paid to Tenant. Any failure by the owners, officers,or
principals of Tenant to pay rentals,storage fees, moorage or any other charges
owed to the Port under separate contract shall constitute default under provisions
of this Rental Agreement.
25. WAIVER: The acceptance of rental by the Port for any period or periods after a default by
Tenant hereunder shall not be deemed a waiver of such default unless the Port shall so
intend and shall so advise Tenant in writing. No waiver by the Port of any default hereunder
by Tenant shall be construed to be or act as a waiver of any subsequent default by Tenant.
After any default shall have been cured by Tenant, it shall not thereafter be used by the Port
as a ground for the commencement of any action under the provisions of Paragraph 24
hereof.
26. SURRENDER OF PREMISES—ATTORNEY'S FEES:
a. At the termination of this Rental Agreement,Tenant shall surrender to the Port the
possession of the Premises and all improvements. Surrender or removal of fixtures,
trade fixtures and improvements shall be as directed in Paragraph 12 of this Rental
Agreement on ownership of improvements at termination. Tenant shall leave the
surrendered Premises and any other property in broom-clean condition. All property
Tenant is required to surrender shall become the Port's property at termination of this
Rental Agreement. All property that Tenant is not required to surrender but that
Tenant nevertheless abandons shall, at the Port's election, become the Port's property
at termination. If Tenant fails to surrender the Premises at the termination of this
Rental Agreement,Tenant shall defend and indemnify the Port from all liability and
expense resulting from the delay or failure to surrender, including,without limitation,
claims made by any succeeding tenant founded on or resulting from Tenant's failure to
surrender.
b. In the event either party shall commence legal action to interpret or to enforce any of
the provisions of this Rental Agreement,the substantially prevailing party shall be
entitled to an award for all reasonable costs and attorney fees incurred in any such
action. Any action brought under the terms of this Rental Agreement shall be
maintained in Jefferson County, Washington.
27. TERMINATION:
a. By the Port: In the event that the Port, at its sole discretion, shall require the use of
the Premises for any purpose for public or private use in connection with the
operation of the business of the Port,then this Rental may be terminated by the
Port by written notice delivered or mailed by the Port to the Tenant twenty(20) or
more days before the termination date specified in the notice. The Port shall be
PORT/JEFFERSON COUNTY 7 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANT INITIAtS
under no obligation whatsoever to compensate Tenant for loss of use, cost of
relocation, and/or cost of improvement.
b. By the Tenant: Tenant may terminate this Rental by written notice delivered or
mailed by the Tenant to the Port twenty(20) or more days before the termination
date specified in the notice.
28. PROMOTION OF PORT COMMERCE:Tenant agrees that it will, insofar as practicable,
promote and aid the movement of passengers and freight through facilities within the
territorial limits of the Port. Tenant further agrees that all incoming shipments of
commodities that it may be able to control or direct shall be made through facilities within
the territorial limits of the Port if there will be no resulting cost or time disadvantage to
Tenant.
29. ADVANCES BY PORT FOR TENANT: If Tenant shall fail to do anything required to be done by
it under the terms of this Rental Agreement, except to pay rent,the Port may, at its sole
option,do such act or thing on behalf of Tenant,and upon notification to Tenant of the cost
thereof to the Port,Tenant shall promptly pay the Port the amount of that cost.
30. LIENS AND ENCUMBRANCES: Tenant shall keep the leased Premises free and clear of any
liens and encumbrances arising or growing out of the use and occupancy of the said
Premises by Tenant. At the Port's request,Tenant shall furnish the Port with written proof of
payment of any item which would or might constitute the basis for such a lien on the rented
Premises if not paid.
31. NOTICES: All notices hereunder may be delivered or mailed. If mailed,they shall be sent by
certified or registered mail to the following respective addresses:
To Landlord:
THE PORT OF PORT TOWNSEND
Attn: Lease&Contracts Administrator
P.O. Box 1180
Port Townsend,Washington 98368
(360)385-0656
To Tenant:
JEFFERSON COUNTY
Attn:County Commissioners
PO Box 1220
1820 Jefferson Street
Port Townsend,WA 98368
PORT/JEFFERSON COUNTY 8 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANT INITIALS
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.
32. JOINT AND SEVERAL LIABILITY: Each and every party who signs this Rental Agreement,
other than in a representative capacity, as Tenant, shall be jointly and severally liable
hereunder.
33. "TENANT" INCLUDES"TENANTS", ETC.: It is understood and agreed that for convenience
the word "Tenant" and verbs and pronouns in the singular number and neuter gender are
uniformly used throughout this Rental Agreement,regardless of the number,gender,or fact
of incorporation of the party who is,or of the parties who are,the actual Tenant or Tenants
under this Rental Agreement.
34. CAPTIONS: The captions in this Rental Agreement are for convenience only and do not in
any way limit or amplify the provisions of this agreement.
35. SEVERABILITY: If any term or provision of this Rental Agreement or the application thereof
to any person or circumstance shall,to any extent, be invalid or unenforceable,the
remainder of this Lease Agreement or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected thereby and shall continue in full force and effect.
36. NON-DISCRIMINATION SERVICES: The Tenant agrees that it will not discriminate by
segregation or otherwise against any person or persons because of race,creed, color,sex,
sexual orientation, or national origin in furnishing,or by refusing to furnish,to such person,
or persons,the use of the facility herein provided, including any and all services, privileges,
accommodations, and activities provided thereby.
It is agreed that the Tenant's noncompliance with the provisions of this clause shall
constitute a material breach of this Rental Agreement. In the event of such noncompliance,
the Port may take appropriate action to enforce compliance, may terminate this agreement,
or may pursue such other remedies as may be provided by law.
37. NON-DISCRIMINATION EMPLOYMENT: Tenant covenants and agrees that in all matters
pertaining to the performance of this Rental Agreement,Tenant shall at all times conduct its
business in a manner which assures fair, equal and non-discriminatory treatment of all
persons without respect to race, creed or national origin and, in particular:
a. Tenant will maintain open hiring and employment practices and will welcome
applications for employment in all positions from qualified individuals who are
members of racial or other minorities, and
PORT/JEFFERSON COUNTY 9 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANT INITIALS
b. Tenant will comply strictly with all requirements of applicable federal,state,or local
laws or regulations issued pursuant thereto relating to the establishment of
non-discriminatory requirements in hiring and employment practices and assuring the
service of all patrons or customers without discrimination as to any person's race,
creed, color,sex,sexual orientation, or national origin.
38. EASEMENTS:The Parties recognize that the Port facilities are continuously being modified to
improve the utilities and services used and provided by the Port. The Port or its agents shall
have the right to enter the demised Premises of the Tenant, and to cross over,construct,
move, reconstruct, rearrange, alter,maintain, repair,and operate the sewer,water, and
drainage lines,and the electrical service,and all other services required by the Port for its
use. The Port is hereby granted a continuous easement or easements that the Port believes
is necessary within the rented Premises of the Tenant,without any additional cost to the
Port for the purposes expressed hereinabove; PROVIDED however,that the Port by virtue of
such use does not permanently deprive the Tenant from its beneficial use or occupancy of its
rented area.
In the event the Port does permanently deprive the Tenant from such beneficial use or
occupancy,then an equitable adjustment in rent will be negotiated and paid by the Port to
the Tenant. In the event such entry by the Port is temporary in nature,then the Port shall
abate Tenant's rent for the period that Tenant is inconvenienced by such Port entry. The
Port will not be responsible to Tenant for any reduced efficiency,or loss of business
occasioned by such entry.
39. ENTIRE AGREEMENT: This Rental Agreement contains all understandings between the
parties. Each party represents that no promises, representations, or commitments have
been made by the other as a basis for this Rental Agreement which have not been
reduced to writing herein. No oral promises or representations shall be binding upon
either party, whether made in the past or to be made in the future, unless such promises
or representations are reduced to writing in the form of a modification to this Rental
Agreement executed by the parties.
PORT/JEFFERSON COUNTY 10 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANT INITIALS
THIS AGREEMENT HAS BEEN NEGOTIATED BETWEEN THE PARTIES AND CONTAINS A LIMITED
WAIVER OF IMMUNITY UNDER TITLE 51 RCW,AN INDEMNIFICATION AND A RELEASE.
WHEREFORE,this Rental Agreement has been executed on the date first written above and will
become effective upon the receipt of a deposit and liability insurance documentation from the
Tenant.
TENANT—JEFFERSON COUNTY
MIC142 '/ FP 24\,Q-e---.----
--at . •y-Nollette Heldi Eisenhour
Commissio ,- Commissioner
— 1,,,,,,4_
•: B otherton
Commissioner
ATTEST:
LANDLORD-PORT OF PORT TOWNSEND APPROVED AS TO FORM
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t' . Director Port Attorney , Tr : c—roe v,15
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Approved as to Form:
09-04-2026
Jerez _ uther Date
Civil Deputy Prosecuting Attorney
Jefferson County
PORT/JEFFERSON COUNTY 11 SEPTEMBER 2026
BOAT HAVEN BUILDING RENTAL TENANT INITIALS
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Shawn Frederick, Central Services Director
DATE: 9/14/2026
RE: New Month to Month Rental Agreement for Auditors Annex Located
at 333 Benedict St. Port Townsend WA
STATEMENT OF ISSUE: The current lease agreement will expire at the end of September
2026, Renovation of the Courthouse Annex is not proceeding on the predicted timeline. The
current lease will expire before work can be completed.
ANALYSIS. The Jefferson County Financial Team is moving out of the rental office and
coming back to the Courthouse. The Courthouse Annex Project is not ready, more time is
needed to finish bid, construction, and relocation phases. The new timeline has us finishing up
bid and construction phases within a 4-to-5-month period.
The current lease agreement has a hold over rate that would go into effect beginning October
1, 2026. That hold over rate is$2,826.24, compared to the new month to month rate of
$2,260.99 per month, a savings of$603.25 per month.
FISCAL IMPACT: Six months of occupancy at a rate of$2260.99 Per Month. $13,565.94
total at six months.
RECOMMENDATION: Staff recommend Board of Commissioners approve the Rental
agreement between the Port of Port Townsend and Jefferson County Central Services.
REVIEWED BY:
.lL! I�l
Jos vp. Peters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Port Of Port Townsend Contract No: FAC2627-333 Benedict St.
Contract For: New rental agreement 333 Benedict St. Term: 2026-2027
COUNTY DEPARTMENT: Central Services
Contact Person: Matthew Court
Contact Phone: 360-531-1591
Contact email: mcourt@co.jefferson.wa.us
AMOUNT: $2260.99 per month PROCESS: — Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $2260.99 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj I Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COM AN E WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: 1' I N/A:f Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: N/A: ri -7--
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 9/4/2026.
Assuming Sect. 10 Waiver of Landlord Liability is unchanged from
previous agreement.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 9/4/2026.
Sect. 10 Waiver of Landlord Liability is concerning from a liabiilty
perspective, but given the need and the landlord's negotiating power, I will
approve. DPA Luther reviewed and approved on 09-04-2026.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL