HomeMy WebLinkAbout092021ca07 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Facilities - Matthew Court
DATE: 9/20/2021
SUBJECT: Lease of 333 Benedict St. for Auditors office expansion
STATEMENT OF ISSUE: The Auditors office has reached capacity and has the need for additional
employees that the space cannot accommodate
ANALYSIS: The lease of the Benedict St. property (1300sgft office space) would allow the Auditor's office
to expand beyond their current space limitations and provide for additional employees while improving
spacing and flow through the current Auditor's office inside of the Courthouse. This will solve several
employee space and storage issues for the Auditor's office while still allowing room for further expansion if
needed.in the future.
FISCAL IMPACT: Lease of$1765.00 per month for a total of$21,180 per year
RECOMMENDATION: I recommend the approval of this lease
REVIEWED BY:
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21
M t k VIc Date
PORT OF PORT TOWNSEND
BOAT HAVEN BUILDING & LAND LEASE
THIS LEASE AGREEMENT made this_day of September 2021,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 organized and existing under the laws of the State of Washington,hereinafter referred
to collectively as"Lessee,"
WITNESSETH:
FOR AND IN CONSIDERATION of the mutual promises,covenants,and conditions hereinafter set
forth,the parties agree as follows:
1. 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 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: The term of this Lease is five(5)years, beginning October 1, 2021,and ending at
midnight,September 30,2026, unless sooner terminated as provided in this Lease.
Notification to extend the Lease to be done in writing ninety(90)days prior to the end of
the Lease or any extended term.
3. RENT:
a. Lessee agrees to pay as rental for the leased premises the sum of One Thousand
Seven Hundred Sixty-Five Dollars and Eighteen Cents($1,765.18)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.
1 Calculated as follows:building space @$1.28 per s.f.x 1,350=$1,728.00;land @$0.26 per sq.ft.x 143=$37.18;
$1,728.00+$37.18=$1,765.18.
PORT/JEFFERSON COUNTY 1 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
c. In no event shall any rent adjustment result in a reduction in rent from the rate paid
in the prior year.
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 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 at lease inception,one month security in the
amount of One Thousand Seven Hundred Sixty-Five Dollars and Eighteen Cents($1,765.18),
plus all applicable taxes. The deposit shall be held by the Port as security for Lessee's faithful
performance of all 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 government-related general office
functions 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. CONDUCT COVENANTS AND WARRANTIES: In addition to all other covenants and
warranties set forth herein,Lessee specifically represents to the Port as follows:
a. Quiet Conduct. The conduct of Lessee and such others for whom Lessee 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 Lessee and such others for whom Lessee 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: 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,and communications. Wi-Fi and/or fiber services are
not included in the rent.
PORT/JEFFERSON COUNTY 2 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
9. ACCEPTANCE OF PREMISES: Lessee has examined the leased 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. Lessee acknowledges that Lessee 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 Lessee assumes the responsibility and risks of
the same,including any defects or conditions that cannot be observed by casual inspection.
10. 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
c. Not commit waste of any kind.
11. 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.
12. 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.
PORT/JEFFERSON COUNTY 3 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
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.
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 Lessee by the Port under such indemnification provision,
Lessee specifically waives any immunity it may be granted under the Washington State
PORT/JEFFERSON COUNTY 4 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
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.
16. INSURANCE: Lessee agrees to maintain during the lease term liability coverage with the
Washington Risk Pool as set forth below,at Lessee's sole expense. All such coverage shall
name the Port of Port Townsend as an additional insured.
a. Comprehensive General Liability coverage against claims for injury or death to persons
or damage to property with minimum limits of liability of$2,000,000.00 combined
single limit for each occurrence. Such coverage 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 coverage as will protect Lessee's employees from claims under
Washington Workers Compensation Act as well as all Federal Acts applicable to the
Lessee'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.
17. 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 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 Lessee.
18. 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.
19. 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
PORT/JEFFERSON COUNTY 5 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
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.
20. 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 Jefferson County. 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.
21. 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 Lessee is a corporation,Lessee further agrees that if at any time during the term
of this Lease more than one-half(1/2)of the outstanding shares of any class of stock of
Lessee corporation shall belong to any stockholders other than those who own more than
one-half(1/2)of the outstanding shares of that class of stock at the time of the execution of
this Lease or to members of their immediate families,such change in the ownership of the
stock of the Lessee shall be deemed an assignment of this Lease within the meaning of this
paragraph. 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.
22. 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
PORT/JEFFERSON COUNTY 6 OCTOBER 2021
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(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
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.
23. EARLY TERMINATION BY EITHER PARY: Notwithstanding the term set forth in Paragraph 2
of this Lease,both the Port and Lessee reserve the right,independent of any alleged default
hereunder,to early terminate this Lease at any time by providing 180 or more days(6
months)advance written notice to the other party of such termination.
24. 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.
25. 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.
26. 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/JEFFERSON COUNTY 7 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
27. INSOLVENCY: If Lessee shall file a petition 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 against Lessee,or if Lessee shall make an
assignment for the benefit of creditors,or if any proceedings 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 Port may at its option,
terminate this Lease.
28. 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.
29. PROMOTION OF PORT COMMERCE: Lessee agrees that throughout the term of this Lease it
will,insofar as practicable, promote and aid the movement of passengers and freight
through facilities within the territorial limits of the Port. Lessee 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 Lessee.
30. SURRENDER OF PREMISES—ATTORNEY'S FEES:
a. At the expiration or earlier termination of the term,Lessee 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 11 of this
Lease on ownership of improvements at termination. Lessee shall leave the
surrendered premises and any other property in broom-clean condition except as
provided to the contrary in provisions of this Lease on maintenance and repair of
improvements. All property that Lessee is required to surrender shall become the
Port's property at termination of this Lease. All property that Lessee is not required to
surrender but that Lessee does abandon shall,at the Port's election,become the Port's
property at termination. If Lessee fails to surrender the premises at the expiration or
sooner termination of this Lease,Lessee 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 Lessee's
failure to surrender.
b. In the event that either party shall commence legal action to interpret or to enforce
any of the provisions of this Lease,the substantially prevailing party shall be entitled to
an award for all reasonable costs and attorney fees incurred in any such action. Any
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LESSEE INITIALS
action brought under the terms of this Lease shall be maintained in Jefferson County,
Washington.
31. HOLDING OVER: Any holding over by the Lessee after the expiration of this Lease shall be
construed as a tenancy at sufferance (unless such occupancy is with the written consent
of the Port) in which event the Lessee will be a tenant from month to month, upon the
same terms and conditions of this Lease,except at a rent for such holdover period of
125%of the rental rate in effect for the month preceding such holdover.Acceptance by
the Port of rent after such termination shall not constitute a renewal.
32. 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.
33. 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.
34. 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
Attn:Lease&Contracts Administrator
P.O.Box 1180
Port Townsend,Washington 98368
To Lessee: JEFFERSON COUNTY
Attn:County Commissioners
PO Box 1220
1820 Jefferson Street
Port Townsend,WA 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.
35. 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.
PORT/JEFFERSON COUNTY 9 OCTOBER 2021
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LESSEE INITIALS
36. "LESSEE" INCLUDES"LESSEES",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 Lessees
under this Lease Agreement.
37. CAPTIONS: The captions in this Lease are for convenience only and do not in any way limit
or amplify the provisions of this Lease.
38. 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.
39. 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.
40. 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:
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.
41. 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
PORT/JEFFERSON COUNTY 10 OCTOBER 2021
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LESSEE INITIALS
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.
42. ENTIRE AGREEMENT: This Lease Agreement contains all of the understandings between
the parties. Each party represents that no promises, representations,or commitments
have been made by the other as a basis for this Lease 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 Lease
executed with all necessary legal formalities by the Commission of the Port of Port
Townsend.
PORT/JEFFERSON COUNTY 11 OCTOBER 2021
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LESSEE INITIALS
Lease Agreement dated this day 2021 as approved by the Port of Port
Townsend Port Commission,on the gth day of September 2021 and effective upon the receipt of a
deposit and liability insurance documentation from the Lessee.
THIS AGREEMENT HAS BEEN NEGOTIATED BETWEEN THE PARTIES AND CONTAINS A LIMITED
WAIVER OF IMMUNITY UNDER TITLE 51 RCW,AN INDEMNIFICATION AND A RELEASE.
LESSEE—JEFFERSON COUNTY
Kate Dean Heidi Eisenhour
Chair,Commissioner Commissioner
Approved p.s to form
Greg Brotherton v' September 15, 2021
Commissioner Philip C.Hunsucker
Chief Civil Deputy Prosecuting Attorney
ATTEST:
LESSO ''PORT OF PORT TOWNSEND AP AST FQRIV
on Berg Port Attorne
Executive Director
PORT/JEFFERSON COUNTY 12 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
STATE OF WASHINGTON
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that Kate Dean signed this instrument and that
she is authorized to execute the instrument and acknowledged it to be her free and voluntary act
for the uses and purposes mentioned in the instrument.
Dated:
Signature of
Notary Public:
My Appointment Expires:
PORT/JEFFERSON COUNTY 13 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
STATE OF WASHINGTON
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that Heidi Eisenhour signed this instrument and
that she is authorized to execute the instrument and acknowledged it to be her free and voluntary
act for the uses and purposes mentioned in the instrument.
Dated:
Signature of
Notary Public:
My Appointment Expires:
PORT/JEFFERSON COUNTY 14 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
STATE OF WASHINGTON
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that Greg Brotherton 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:
Signature of
Notary Public:
My Appointment Expires:
PORT/JEFFERSON COUNTY 15 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
STATE OF WASHINGTON
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that Eron Berg signed this instrument and that
he is authorized to execute the instrument as Interim 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.
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Dated: /I s� S E'ft 1
Signature of 210049 :
Notary Public: ,' '� 4Oo��S _'p
i
u .. f9
My Appointment Expires: i2
PORT/JEFFERSON COUNTY 16 OCTOBER 2021
BOAT HAVEN BUILDING LEASE
LESSEE INITIALS
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