HomeMy WebLinkAbout042715_ca22Consent Agenda
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
DATE: April 17, 2015
RE: The Cupola House Lease Revision #1
STATEMENT OF ISSUE: Port of Port Townsend CPI -U lease increase for the Cupola
House. Lease increase is: $32.30.
ANALYSIS: As per original Lease, item number 3, states that the CPI -U rate will be applied
to the lease.
FISCAL IMPACT: $387.60 Annually
RECOMMENDATION: Recommend that the Commissioners please sign this lease
Amendment 1
DEPARTMENT CONTACT: Su Tipton, 360.379.5610 ext.206
REVIEWED BY:
J
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Philip Morley, C ty Administrator Date
`.
LEASE AMENDMENT #1
THIS LEASE AGREEMENT made this 13`h day of March 2015, by and between the PORT
OF PORT TOWNSEND, a municipal corporation organized and existing under the laws of the
State of Washington, Lessor, hereinafter referred to as "Lessee," and JEFFERSON COUNTY,
on behalf of Jefferson County Extension, a state university organized and existing under the
laws of the State of Washington, hereinafter referred to as "Lessee."
WITNESSETH:
On February 13th, 2013, the parties entered into a Building Lease Agreement
concerning a 2,543 square foot building commonly referred to as the "Cupola
House ", with a street address of 380 Jefferson Street, Port Townsend, WA
98368, located at the Lessor's Point Hudson facility. The February 13`h, 2013
Building Lease Agreement is hereinafter referred to as the "Original Lease ".
Paragraph #3 of the Original Lease speaks to the rent for the premises, and
establishes a monthly rental sum of $1,700.00 plus all applicable taxes. Paragraph #3
also states that the rental rate beginning in year two 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 Seattle- Tacoma - Bremerton for all urban consumers (CPI -
U), which is compiled by the Department of Labor, Bureau of Statistics.
3. Consistent, with the CPI -U increase provision referenced above, the parties are
agreed that paragraph #3 of the Original Lease should be amended to explicitly
reflect a new rental rate of $1,732.30, as adjusted by the December 2014
Consumer Price Index for Seattle- Tacoma - Bremerton for all urban consumers
(CPI -U).
NOW, THEREFORE:
Effective March 13, 2015, paragraph #3 of the Original Land Lease Agreement
approved on the 13th of February, 2013, shall be amended to read as follows (note:
deleted text shown in s}''euts; new /amended language shown with double_
underlining):
3. RENT: Lessee agrees to pay as rental for the leased premises the sum of One
Thousand Seven Hundred Thirty -Two Dollars and Zero Thft Cents ($1,790:80
1 0) plus all applicable taxes. 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. The rental rate may be
adjusted every three years to the to the prevailing fair market rental rate then prevailing
for comparable commercial and /or industrial property in the Western Washington area,
bearing in mind all allowable uses of the property and all services and amenities
available to the property by virtue of its location. In the event that the parties are unable
PORT OF PT /JEFF CO
LEASE AMENDMENT #1 1 MARCH 2015
to reach agreement on the fair market rate adjustment, the rate shall be determined by
arbitration before a single arbitrator who shall be jointly selected by the parties or by the
Jefferson County Court. The rental rate beginning in year two and annually throughout
the term of the lease will also be adjusted by an amount equal to the accumulative
amount found on the Consumer Price Index for Seattle- Tacoma- Bremerton for all urban
consumers (CPI -U), which is compiled by the Department of Labor, Bureau of Statistics.
The benchmark month for CPI adjustments shall be December. In no event shall any
rent adjustment result in a reduction in rent from the rate paid in the prior year.
All other terms and conditions of the Lease Agreement dated February 13th, 2013 shall
remain in effect.
APPROVED this 13`h day of March, 2015, by the Port of Port Townsend and duly
authenticated by the signature of the Executive Director.
LESSEE (JEFFERSON COUNTY)
Philip Morley, Jefferson County Administrator
ATTEST:
PORT OF PORT TOWNSEND
Larry Crockett, Executive Director
PORT OF PT /JEFF CO
LEASE AMENDMENT #1
Ipproved as to form only
Jefferson Co. Prosecutors OrWe
David Alvarez, Chief CiviltPA
APPROVED AS TO FORM
Port Attorney
MARCH 2015
STATE OF WASHINGTON
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that Philp Morley signed this instrument and
that he is authorized to execute the instrument and acknowledged it to be his free and voluntary
act for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Dated:
Signature of Notary Public in and foi
the State of Washington, residing at
My Appointment Expires:
PORT OF PT /JEFF CO
LEASE AMENDMENT #1 3 MARCH 2015
STATE OF WASHINGTON
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that Larry Crockett signed this instrument and
that he is authorized to execute the instrument as Executive Director of the Port of Port
Townsend and acknowledged it to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Dated: IG k''s
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Signature of Notary Public in and for
J�� �s� °" „� y ��i
s y sg�bottia� � the State of Washington, residing at
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11011,FI OF\W PAS
My Appointment Expires:
PORT OF PT /JEFF CO
LEASE AMENDMENT #1 4 MARCH 2015
PORT OF PORT TOWNSEND
POINT HUDSON BUILDING LEASE
THIS LEASE AGREEMENT made this 13th day of February, 2013, by and between the
PORT OF PORT TOWNSEND, a municipal corporation organized and existing under the
laws of the State of Washington, Lessor, hereinafter referred to as "the Port," and
JEFFERSON COUNTY, a municipal corporation, on behalf of Jefferson County -WSU
Extension, a joint or cooperative undertaking pursuant to Ch. 39.34 RCW between
Jefferson County and WA State University, hereinafter referred to as "Lessee."
WITNESSETH:
That the parties hereto do mutually agree as follows:
LEASED PREMISES: The Port hereby leases to Lessee, and Lessee hereby hires and
leases from the Port, the following described premises situated in Jefferson County,
State of Washington: A 2,543 square foot building commonly referred to as the
"Cupola House," located at 380 Jefferson Street, Port Townsend WA 98368 in the
Port's Point Hudson facility, hereinafter referred to as "the premises."
2. TERM: The term of this Lease is five (5) years, beginning March 1, 2013, and endinc
at midnight, February 28, 2018 unless extended or sooner terminated as provided in
this Lease. The Lessee shall also have an option to extend the lease term by two
additional five (5) year terms. Notification to extend the Lease will be done in writing 90
days prior to end of the initial lease term.
3. RENT: Lessee agrees to pay as rental for the leased premises the sum of One
Thousand Seven Hundred Dollars and Zero Cents ($1,700.00) plus all applicable
taxes. 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. The rental rate may be adjusted every three years to
the to the prevailing fair market rental rate then prevailing for comparable commercial
and /or industrial property in the Western Washington area, bearing in mind all allowable
uses of the property and all services and amenities available to the property by virtue of
its location. in the event that the parties are unable to reach agreement on the fair
market rate adjustment, the rate shall be determined by arbitration before a single
arbitrator who shall be jointly selected by the parties or by the Jefferson County Court.
The rental rate beginning in year two and annually throughout the term of the lease will
also be adjusted by an amount equal to the accumulative amount found on the
Consumer Price Index for Seattle- Tacoma - Bremerton for all urban consumers (CPI -U),
which is compiled by the Department of Labor, Bureau of Statistics. The benchmark
month for CPI adjustments shall be December. In no event shall any rent adjustment
result in a reduction in rent from the rate paid in the prior year.
PORT OF PTNVSU EXTENSION
LEASE AGREEMENT
4. LATE CHARGE: In the event that any installment of rent remains unpaid more than
twenty (20) days after it is due, then Lessee shall also be obliged to pay a "late charge'
as per the Port of Port Townsend Rate Schedule then in effect.
5. DEPOSIT: Lessee shall deposit with the Port two month's rent in the amount of Three
Thousand Four Hundred Dollars and Zero Cents ($3,400.00) plus all applicable taxes
in two separate installments, as follows: an initial installment of One Thousand Seven
Hundred Dollars and Zero Cents ($1,700.00) shall be paid along with the first month's
rent; and a second installment of One Thousand Seven Hundred Dollars and Zero
Cents ($1,700.00) shall be paid along with the March 2014 rent. The deposit shall be
held by the Port as security for Lessee's faithful performance of all of its obligations under
this Lease. Any interest earned on amounts deposited shall be retained by the Port. The
deposit shall be returned to Lessee upon termination of this Lease, less any charges
owing to the Port or expenses incurred by the Port in repairing damage caused by
Lessee or restoring the leased premises to the condition required upon termination of this
Lease.
6. USE OF PREMISES: Lessee shall use the premises for administrative offices and
classrooms and shall not use them for any other purpose without the prior written
consent of the Port. Lessee shall use the entire premises for the conduct of said
business in a first class manner continuously during the entire term of this Lease, with the
exception of temporary closures for such periods as may reasonably be necessary for
repairs or redecorating or for reasons beyond Lessee's reasonable control. Lessee
agrees that it will not disturb the Port or any other tenant of the Port's by making or
permitting any disturbance or any unusual noise, vibration or other condition on or in the
premises.
7. UTILITIES: Lessee shall be liable for, and shall pay throughout the term of this Lease,
all utility services furnished to the premises, including, but not limited to, light, heat,
electricity, gas, water, sewerage, garbage disposal.
ACCEPTANCE OF PREMISES: Lessee has examined the leased premises and
accepts them in their present condition, with the exception of the following improvements,
which the Port agrees to install at its expense prior to occupancy by Lessee:
a. A central heating system; and
b. New sinks and toilets in both bathrooms.
PORT OF PT=SU EXTENSION
LEASEAGREEMENT
9. MAINTENANCE AND REPAIR: At the expiration or sooner termination of this Lease,
Lessee shall return the premises to the Port in the same condition in which received (or,
if altered by Lessee 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. Lessee 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 leased premises in a good state of repair; and
C. Not commit waste of any kind.
10. ALTERATIONS AND IMPROVEMENTS: Lessee 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 Lease.
11. INSPECTION - "FOR RENT" SIGNS: The Port 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 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 Lease.
12. POSSESSION: If the Port shall be unable for any reason to deliver possession of the
premises, or any portion thereof, at the time of the commencement of the term of this
Lease, the Port shall not be liable for any damage caused thereby to Lessee, nor shall
this Lease thereby become void or voidable, nor shall the term specified herein be in any
way extended, but in such event Lessee shall not be liable for any rent until such time as
the Port can deliver possession, PROVIDED, that if Lessee shall, in the interim, take
possession of any portion of the premises, it shall pay as rental the full rental specified
herein reduced pro rata for the portion of the premises not available for possession by
Lessee, AND PROVIDED FURTHER, that if the Port shall be unable to deliver
possession of the premises at the commencement of the term of this Lease, Lessee shall
have the option to terminate this Lease by at least thirty (30) days written notice, unless
the Port shall deliver possession of the premises prior to the effective date of termination
specified in such notice. If Lessee shall, with the Port's consent, take possession of all or
any part of the premises prior to the commencement of the term of this Lease, all of the
terms and conditions of this Lease shall immediately become applicable.
PORT OF PTM/SU EXTENSION
LEASE AGREEMENT
13. DAMAGE OR DESTRUCTION:
a. Should the premises or the buildings or structures of which the premises are a
part be damaged by fire or other casualty, and if the damage is repairable within
four (4) weeks from the date of the occurrence (with the repair work and the
preparations therefore to be done during regular working hours on regular work
days), the premises shall be repaired with due diligence by the Port, and in the
meantime the monthly minimum rental shall be abated in the same proportion that
the untenantable portion of the premises bears to the whole thereof, for the period
from the occurrence of the damage to the completion of the repairs.
b. Should the premises or any buildings or structures of which the premises are a
part be completely destroyed by fire or other casualty, or should they be damaged
to such an extent that the damage cannot be repaired within four (4) weeks of the
occurrence, the Port shall have the option to terminate this Lease on thirty (30)
days' notice, effective as of any date not more than sixty (60) days' after the
occurrence. In the event that this paragraph shall become applicable, the Port
shall advise Lessee within thirty (30) days after the happening of any such
damage whether the Port has elected to continue the lease in effect or to
terminate it. If the Port shall elect to continue this Lease in effect, it shall
commence and prosecute with due diligence any work necessary to restore or
repair the premises. If the Port shall fail to notify Lessee of its election within said
thirty (30) day period, the Port shall be deemed to have elected to terminate this
Lease, and the lease shall automatically terminate sixty (60) days after the
occurrence of the damage. For the period from the occurrence of any damage to
the premises to the date of completion of the repairs to the premises (or to the
date of termination of the lease if the Port shall elect not to restore the premises),
the monthly minimum rental shall be abated in the same proportion as the
untenantable portion of the premises bears to the whole thereof.
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 Lessee 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 Lessee's use or
occupancy of the premises and of the areas adjacent thereto. Lessee 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.
PORT OF PT/WSU EXTENSION
LEASE AGREEMENT
15. INSURANCE: Lessee agrees to maintain during the lease term liability insurance as set
forth below, at Lessee'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. Comprehensive Business Automobile 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, property damage liability, hired
car liability, and non -owned auto liability.
C. 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 Lessee 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 15 shall be met
prior to occupancy.
16. WAIVER OF SUBROGATION: The Port and Lessee 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 16 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 Lessee.
17. INCREASE IN COST OF INSURANCE: Lessee 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 leased premises are a part, and to
the extent allocable to the term of this Lease, may be added to the amount of rental
hereinabove specified and shall be paid by Lessee to the Port upon the monthly rental
day next thereafter occurring.
PORT OF PTNVSU EXTENSION
LEASE AGREEMENT
18. 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.
19. COMPLIANCE WITH PORT REGULATIONS AND WITH ALL LAWS: Lessee 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. Lessee also agrees to comply with all applicable federal, state,
and municipal laws, ordinances, and regulations. Lessee 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 Lessee.
20. ASSIGNMENT OR SUBLEASE: Lessee shall not assign or transfer this Lease or any
interest therein nor sublet the whole or any part of the premises, nor shall this Lease or
any interest thereunder be assignable or transferable by operation of law or by any
process or proceeding of any court, otherwise, without the written consent of the Port first
had and obtained. If the Port shall give its consent to any assignment or sublease, this
paragraph shall nevertheless continue in full force and effect and no further assignment
or sublease shall be made without the Port's consent. The Port's consent will not
unreasonably be withheld.
21. DEFAULTS: Time is of the essence of this Lease Agreement, and in the event of the
failure of Lessee to pay the rentals or other charges at the time and in the manner herein
specified, or to keep any of the covenants or agreements herein set forth to be kept and
performed, the Port may elect to terminate this Lease and reenter and take possession of
the premises with or without process of law, PROVIDED, however, that Lessee 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 Lessee within said fifteen (15) day period. If upon such
reentry there remains any personal property of Lessee or of any other person upon the
leased 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 Lessee 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
Lessee, after it has been stored for a period of thirty (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 Lessee to the Port, and the balance, if any, shall be paid to Lessee.
Notwithstanding any such reentry, the liability of Lessee for the full rental provided for
herein shall not be extinguished for the balance of the term of this Lease, and Lessee
shall make good to the Port any deficiency arising from a re- letting of the leased
PORT OF PT/WSU EXTENSION
LEASE AGREEMENT
premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay such
deficiency each month as the amount thereof is ascertained by the Port. Any failure by
the owners, officers, or principals of Lessee to pay rentals, storage fees, moorage or any
other charges owed to the Port under separate contract shall constitute default under
provisions of this Lease Agreement.
22. TERMINATION BY 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 Lease may be terminated by the Port by
written notice delivered or mailed by the Port to the Lessee sixty (60) or more days
before the termination date specified in the notice. Compensation to Lessee for loss of
use, cost of relocation, and /or cost of improvement, will be agreed by Lessee and the
Port Executive Director.
23. TERMINATION FOR GOVERNMENT USE: In the event that the United States
Government or any agency or instrumentality thereof shall, by condemnation or
otherwise, take title, possession or the right to possession of the premises or any part
thereof, the Port may, at its option, terminate this Lease as of the date of such taking,
and, if Lessee is not in default under any of the provisions of this Lease on said date, any
rental prepaid by Lessee shall, to the extent allocable to any period subsequent to the
effective date of the termination, be promptly refunded to Lessee.
24. TERMINATION BECAUSE OF COURT DECREE: In the event that any court having
jurisdiction in the matter shall render a decision which has become final and which will
prevent the performance by the Port of any of its obligations under this Lease, then either
party hereto may terminate this Lease by written notice, and all rights and obligations
hereunder (with the exception of any undischarged rights and obligations that accrued
prior to the effective date of termination) shall thereupon terminate. If Lessee is not in
default under any of the provisions of this Lease on the effective date of such termination,
any rental prepaid by Lessee shall, to the extent allocable to any period subsequent to
the effective date of the termination, be promptly refunded to Lessee.
25. SIGNS: No signs or other advertising matter, symbols, canopies or awnings shall be
attached to or painted or within the leased 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 Lease, all such signs, advertising matter,
symbols, canopies or awnings attached to or painted by Lessee shall be removed by
Lessee at its own expense, and Lessee shall repair any damage or injury to the
premises, and correct any unsightly condition, caused by the maintenance and removal
of said signs, etc.
PORT OF PTNVSU EXTENSION
LEASE AGREEMENT 7
26. WAIVER: The acceptance of rental by the Port for any period or periods after a default
by Lessee hereunder shall not be deemed a waiver of such default unless the Port shall
so intend and shall so advise Lessee in writing. No waiver by the Port of any default
hereunder by Lessee shall be construed to be or act as a waiver of any subsequent
default by Lessee. After any default shall have been cured by Lessee, it shall not
thereafter be used by the Port as a ground for the commencement of any action under
the provisions of paragraph 22 hereof.
27. SURRENDER OF PREMISES -ATTORNEYS' FEES: At the expiration or sooner
termination of this Lease, Lessee shall promptly remove building from leased property or
re- negotiate a lease at the same or different site at the Port. In the event that the Port
shall be required to bring any action to enforce any of the provisions of this Lease, or
shall be required to defend any action brought by Lessee with respect to this Lease, and
if the Port shall be successful in such action, Lessee shall, in addition to all other
payments required herein, pay all of the Port's actual costs in connection with such
action, including such sums as the court or courts may adjudge reasonable as attorney's
fees in the trial court and in any appellate courts.
28. HOLDING OVER: If Lessee shall, with the consent of the Port, hold over after the
expiration or sooner termination of the term of this Lease, the resulting tenancy shall,
unless otherwise mutually agreed, be for an indefinite period of time on a
month -to -month basis. During such month -to -month tenancy, Lessee shall pay to the
Port the same rate of rental as set forth herein, unless a different rate shall be agreed
upon, and shall be bound by all of the additional provisions of this Lease Agreement in so
far as they may be pertinent.
29. ADVANCES BY PORT FOR LESSEE: If Lessee shall fail to do anything required to be
done by it under the terms of this Lease, except to pay rent, the Port may, at its sole
option, do such act or thing on behalf of Lessee, and upon notification to Lessee of the
cost thereof to the Port, Lessee shall promptly pay the Port the amount of that cost.
30. LIENS AND ENCUMBRANCES: Lessee 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 Lessee. At the Port's request, Lessee 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 leased 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 Lessor:
THE PORT OF PORT TOWNSEND
P.O. Box 1180
Port Townsend, Washington 98368
PORT OF PTNVSU EXTENSION
LEASE AGREEMENT
To Lessee:
WASHINGTON STATE UNIVERSITY EXTENSION
380 Jefferson Street
Port Townsend, WA 98368
Phone: (360) 379 -5610
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 Lease, other
than in a representative capacity, as Lessee, shall be jointly and severally liable
hereunder.
33. "LESSEE" INCLUDES LESSEE, ETC.: It is understood and agreed that for
convenience the word "Lessee" and verbs and pronouns in the singular number and
neuter gender are uniformly used throughout this Lease, regardless of the number,
gender or fact of incorporation of the party who is, or of the parties who are, the actual
Lessee or Lessee under this Lease Agreement.
34. CAPTIONS: The captions in this Lease are for convenience only and do not in any way
limit or amplify the provisions of this Lease.
35. SEVERABILITY: If any term or provision of this Lease 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 Lessee 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 Lessee's noncompliance with the provisions of this clause shall
constitute a material breach of this Lease. In the event of such noncompliance, the Port
may take appropriate action to enforce compliance, may terminate this Lease, or may
pursue such other remedies as may be provided by law.
37. NON - DISCRIMINATION EMPLOYMENT: The Lessee covenants and agrees that in all
matters pertaining to the performance of this Lease, Lessee 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:
PORT OF PT/WSU EXTENSION
LEASE AGREEMENT
a. Lessee 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
b. Lessee 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 Lessee, 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 lease premises of the Lessee,
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 Lessee from its beneficial use or occupancy of its leased area.
In the event that the Port does permanently deprive the Lessee from such beneficial use
or occupancy, then an equitable adjustment in rent or in the cost required to modify its
premises to allow the Lessee to operate its business, will be negotiated and paid by the
Port to the Lessee. In the event that such entry by the Port is temporary in nature, then
the Port shall reimburse the Lessee for the cost required to modify its premises for the
temporary period that the Lessee is inconvenienced by such Port entry. The Port will not
be responsible to the Lessee for any reduced efficiency, or loss of business occasioned
by such entry.
39. TENANT'S ACKNOWLEDGEMENT OF PRESENCE OF CERTAIN
SUBSTANCES: Tenant acknowledges that, because the buildings at Point
Hudson were constructed many years ago that they may contain asbestos,
creosote, lead paint and other substances which would not be allowed in modern
construction. The Port will comply with the directives of any lawful authority
which may require the removal or remediation or remodeling of the Point Hudson
facility, but Tenant agrees not to demand the removal of any such substances
which do not impose a hazard to the health of Tenant and its employees, guests
and invitees. In the event that any such substances need to be removed from
the premises, Tenant agrees to cooperate with the Port and allow the removal of
such materials, including the temporary cessation of Tenant's activities if
necessary. In the event that Tenant's activities are disrupted by such activities,
Tenant's rent shall be abated during any such period of disruption, but Tenant
shall not be entitled to any damages or compensation for business interruption or
loss of revenue, provided the Port moves expeditiously to complete such
activities.
PORT OF PTNVSU EXTENSION
LEASE AGREEMENT 10
Lease Agreement dated this 13th day of February 2013 is hereby approved by the Port of Port
Townsend, on this 13th day of February 2013 and effective upon the receipt of a deposit and
liability insurance documentation from the Lessee.
LESSEE
JEFFERSON COUN
Board of County Commissioners
�ftc1 Ss�clltvGs''d,1ukJ�f tY
Attest:
Raina Randall, Deputy Clerk of the Board
Approved as to Form:
j /Z`1 Z07-3
ti !((
David Alvarez, Deputy Prpjecuting Attorney
PORT OF PORT TOWNSEND
Larry Crockett, Executive Director
PORT OF PT/WSU EXTENSION
LEASE AGREEMENT 11
APPROVED AS TO FORM
"'r- ' r J'--)
Gera Port Attorney
STATE OF WASHINGTON
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that Pxo'dS&11jic•,'w"I PA, Ijohnss,.signed this
instrument and that he is authorized to execute the instrument and acknowledged it to be his
free and voluntary act for the uses and purposes mentioned in the instrument.
Dated: Oi.2.-�DS�� /3
Signature of Nota ry Public: •��c 'o '�
�4ij��gSH'NG,
My Appointment Expires: G 9A)
PORT OF PT/WSU EXTENSION
LEASE AGREEMENT 12
STATE OF WASHINGTON
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that Larry Crockett signed this instrument and
that he is authorized to execute the instrument as Executive Director of the Port of Port
Townsend and acknowledged it to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: rek. ZI 20t3
�� NEy�V1 rt+tBJ/
pqr +41
Signature of
Notary Public: 4412, A, I� u CSti�
mss, r..
My Appointment Expires
(1- ()5 -it-
PORT OF PT/WSU EXTENSION
LEASE AGREEMENT 13