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Surrender of Leasehold Quimper East
615 Sheridan Street Port Townsend, WA 98368 �e emn www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Pinky Feria Mingo, Environmental Health and Water Quality Director Tami Pokorny, Natural Resources Program Coordinator DATE: 1Vwer-,,6P, ZP), Zt2--2, SUBJECT: Agenda item — Surrender of Leasehold Between the State of Washington Acting Through the Department of Natural Resources and Jefferson County: Quimper East STATEMENT OF ISSUE: Jefferson County Public Health requests approval of the Surrender of Leasehold Between the State of Washington Acting Through the Department of Natural Resources and Jefferson County: Quimper East ANALYSIS/STRATEGIC GOALS/PRO'S and CONS: Jefferson County is presently the lessee under State Lease No. 60-082211 of the Quimper East property. The State intends to transfer to the County the fee interest in the Lease Area under State Purchase and Sale Agreement No. 02-102693, effective April 10, 2023. Surrender of the leasehold is intended to facilitate closing of the transfer contemplated by the parties. Effective as of the Closing Date, the County will surrender all of its right, title, interest, and benefit to the Lease Area under the Lease. FISCAL IMPACT/COST BENEFIT ANALYSIS: There are no costs associated with approving this document. RECOMMENDATION: JCPH Management recommends BoCC approval of the Surrender of Leasehold Between the State of Washington Acting Through the Department of Natural Resources and Jefferson County: Quimper East. REVIEWED B Mark McCauley, Con Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community EH-23-080 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: WA Dept of Natural Resources Contract No: EH-23-080 Contract For: Leasehold Surrender- Quimper East Term: COUNTY DEPARTMENT: Environmental Health Contact Person: Tami Pokomy Contact Phone: x 498 Contact email: tpokorny@co.jeffersonma.us AMOUNT: $o PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO ANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: © N/A: 48LNov.9,2023 Sig a 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: a - Nov. 9,2023 Signatu Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 11/9/2023. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 11/9/2023. 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 1 �PgHINGTpti �O s 3 0 stir ��e nATURAL RESOURCES HILARY S. FRANZ COMMISSIONER OF PUBLIC LANDS SURRENDER OF LEASEHOLD To the Commissioner of Public Lands: Jefferson County is presently lessee(hereafter"Lessee")under State Lease No. 60-082211 (hereafter "Lease") of the following state owned lands managed by the State of Washington Department of Natural Resources (hereafter"State"): LEASE AREA DESCRIPTION: Government lot 5 of Section 33,Township 31 North,Range 1 West,Willamette Meridian,Jefferson County,Washington,EXCEPT the north 330 feet thereof,as shown and described by that Record of Survey recorded January 11, 1996, in Book 17 of Surveys at Pages 123-128, under Auditor's File No. 387842, Jefferson County records. State intends to transfer to Jefferson County, and Jefferson County intends to accept from State,the fee interest in the Lease Area under State Purchase and Sale Agreement No. 02-102693, effective April 10,2023. This surrender of leasehold is intended to facilitate closing of the transfer contemplated by the parties. Effective as of the Closing Date,as that date is defined in the Purchase and Sale Agreement, Lessee surrenders all of its right, title, interest, and benefit to the Lease Area under the Lease. Lessee releases and forever discharges the State from any and all actions,liability,or claims which Lessee might have or had by reason of any matter,cause,or thing arising out of Lessee's operation at the Lease Area. Lessee represents that all outstanding rents, duties, and obligations under the Lease have been paid and fulfilled. Lessee agrees that it has no right to reimbursement from Lessor of any advance rent paid. Dated this day of , 20 Lease No.60-082211 1 of 3 Surrender of Leasehold EH-23-080 JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County, Washington By: Greg Brotherton, Chair Date SEAL: ATTEST: Carolyn Gallaway,CMC, Date Clerk of the Board Approved tas to form only: C. November 8, 2023 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney i Lease No.60-082211 2 of 3 Surrender of Leasehold DEPARTMENT ACCEPTANCE OF SURRENDER As this lease is in good standing, and may be canceled under Subsection 1.03 of said lease, it is ordered that the foregoing surrender be accepted and Lease No. 60-082211 be canceled effective as of the Closing Date of the transfer of the Lease Area under State Purchase and Sale Agreement No. 02-102693, and the records of the Commissioner of Public lands be so noted. Dated this day of , 20 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Jill DeCianne Acting Olympic Region Manager Lease No.60-082211 3 of 3 Surrender of Leasehold 544434 Page: 1 of 23 06/29/2009 03:12P AFTER RECORDING RETURN TO: Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 Department of Natural Resources Asset Management and Recreation Division ATTN: Trust Land Transfer Program PO Box 47014 Olympia,WA 98504-7014 NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON, 0 (NTY TAEASURE� i BY.. Document Title: TRUST LAND TRANSFER Grantor: STATE OF WASHINGTG , 'ng Jand through the Department of Natufal,R-esouro,s& 11 :t Grantee: JEFFERSON CO Washiii Legal Description: Government lot 5 of Section-3-3-,'Township 31 North, Range 1 WOt; W.M., Jefferson County, Washington (Full legal ur ttached Exhibit lA) Assessor's Property Tax Parcel/Account Number(s): 1013240 1,jr0l 3,". , 999007201 f Reference Number(s) of Documents assigned or released: N1 `.l Lease No.60-082211 - LI pea-Peninsula East TLT 544434 Page: 2 of 23 06/2912009 03:12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 AFTER RECORDING RETURN TO: Department of Natural Resources Asset Management and Protection Division ATTN: Trust Land Transfer Program P.O.Box 47014 Olympia,WA 98504-7014 WASHINGTON STATE DEPARTMENT OF Natural Resources Peter Goldmark-Commissioner of Public Lands - QUIMPER PENINSULA EAST TRUST LAND TRANSFWL`EASE`\ Lease No. 60-082211 BY THIS LEASE, issued under the authority of Washington-s-of2008, Chapter 328, Section 3042,the STATE OF WASHINGTON, Department of Natural Resources, hereinafter called "State", leases to JEFFERSON COUNTY,here eaffter walled"Lessee",the use of the premises, hereinafter called the"Premises", in Jefferson Couitty,NWAsl�mgton, the legal description(s)of which is set forth in Exhibit IA,attached hereto-and incorporoed herein by this reference and the encumbrances, if any, of which are set forth,in-,Ex�`ibit ib,attached hereto and incorporated herein by this reference. This Lease is made�tpp te' e sand conditions and for the consideration enumerated herein. ��Il SECtioN f'-0CCUPANCY j (( 1 1.01 Lease Term. T s ase is ff tive)as%of the date of signature by State and shall expire in fifty(50) years, on 1.02 Condition of etn isesf iaking'ppssession of the Premises by Lessee shall constitute acknowledgment by�ressec thk-the Prerrfises are in good condition and that the Premises are in all respects suitable(oi,t h"efeiti'tt4Use(s) in Section 2. State has no obligation to make any repairs, additions,or improwement`s-thereto and expressly disclaims any warranty that the Premises are suitable for-sueh Petpiitted Use(s). Lessee agrees to maintain the Premises in at least as good a condittooras tliL-J')remises are received, and allow no degradation of the Premises and natural resou ce e01 . Trust Land Transfer L o 1 of 22 Lease No.60-082211 1 544434 K/2912009 03.12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 1.03 Non-Default Termination. In response to a written request from Lessee asking to surrender the leasehold, State may, at its sole discretion,terminate all or part of this Lease upon satisfaction by Lessee of all outstanding duties and obligations. 1.04 Renewal of Lease. At the end of this Lease term, Lessee shall have the option to apply for another fifty (50)year lease term, upon lump sum payment of full fair market value of the leasehold on the date of renewal,and subject to reaching agreement upon the provisi.titls of a new Lease in context of applicable law in existence at the time of renewal. " " SECTION 2 USE OF PREMISES 2.01 Permitted Use. Lessee may put the Premises to the following use(' or tp �u it: fish and wildlife habitat, open space, or recreation. Lessee may also request,altemativ uses of the Premises that are compatible with the original intended public purposes,,pt'oyided-such uses are approved by State,and by the Legislature of the State of Washingto t LessWs,sole expense. t I 1 2.02 Plan of Development. Lessee shall not make any�impr..vementto tir modify the Premises without submitting ninety(90) days in advance to State its,.goneral plan for the use and development hereinafter called"Plan of Use and Devel�prhent",of t ie Premises seeking State's consent to the uses and development proposed in the plaq. Mate will,re'iew the plan and provide comments within ninety(90)days of receipt,with State's'Yevie"fimarily focusing upon consistency with the Permitted Uses and the Habitat Conservation-Plan described in Section 2.05. State may condition its consent on any rq4`ew or approval required by other entities or may delay its comments and consent until any r�!guir6d-review or approval(s) is received, at State's discretion. Lessee shall comply with the agreed,Upon,terms of the approved Plan of Use and Development.The plan shall include,as a ro te,Clte following: L A map showing the are s and�cie get developed along with the location of improvements; � � �-� 2. Changes in use that may.oceul as a result of the Lessee's management of the Premises pursuant to,a'plaA of,development; 3. Timber harn lan lclearin�and grading plans with acreage figures; and 4. An esti ate, ,cost-of improvements. Any Plan of Use anq-15.6vp gpmettt must be consistent with the Permitted Uses,and may be limited by Subsecti6n 1:�4 and Na�tlion 6. All costs and fees associate''dwith-development,construction, maintenance and removal of improvements upon the Pro isesFduring and at the end of the Lease term shall be the sole responsibility of essee. Trust Land Transfer as `Lee 2 of 22 Lease No.60-082211 I IIIIII IIIII IIIIIII IIII Ills II!!II IIIII lII illll Ifli Illl Z)A+.4���1 06,� 2P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 Lessee shall obtain all building permits and other required permits, licenses,permissions, consents, and approvals from governmental agencies or third parties in connection with this Lease and Lessee's Permitted Uses including construction of any improvements,changes, alterations,additions, repairs,maintenance to or replacement of the Premises, or for the conduct of any activity upon the Premises at the sole cost and expense of Lessee. Copies of such permits, licenses,notifications,permissions, consents,and approvals shall be supplied to State upon request. J 2.03 Compliance Specifications. On all improvements relating to the develo ent f e Premises,the following shall apply: 1. State may make inspections during construction. 2. State shall make a final inspection of the completed proje an , table, shall issue its written acceptance. State's approval or disapproval of any plans, specifications, improv rents.b mpleted projects, shall not obligate or render State liable in any way. 2.04 Limitations on Use. The following restrictions 'haply tq.•use of the Premises: 1. Lessee shall conform to all applicable la s,`Vles, regillaiions,permits,orders, or requirements of any public authority affecting fhe P�`emises and the use thereof and shall bear, at Lessee's sole expense,any cbsts-.,Df-tuch compliance including any attorney fees, costs, fines or,periat�lties. 2. Lessee shall remove no valuablmtecia`including but not limited to forest products, timber, minerals, sand,or-graveli..4nless Lessee has received State's prior written approval and ma e ngenuents to compensate State for the value thereof. All timber, forest pr d n4 v luable material ownership thereof remain with State. 1 3, Lessee shall take all reasons e,,presautions to control negative effects of designated or dispersed publicacieess, including,but not limited to: a)protect the Premises from fire, ��s cts artd'd�isease,and make every effort to report and suppress sucMfiires,'ttr, `r stir o Itbreaks of insects and disease as may occur; b) protect thereA-lisesfrotn asset value losses due to vandalism, garbage dumping, resource 0 0�othet-Wegal activities; and c)protect the Premises from damage to soils, at&gual'itykplaltts,animals or other elements of the forest environment. If necels'�a.•�'- to control sigh negative effects, Lessee shall close, limit,or redirect public afcces` ,at less+re's reasonable discretion. Lessees regulation of activities on the xrem'tscs shall-t c consistent with applicable law and the Plan of Use and Developrri�� 4. L7ssec—hs all itot allow any activity that negatively impacts adjoining land maned by Slate. State shall have sole discretion in this regard. Trust Land Transfer ,ase T % 3 of 22 Lease No.60-082211 Page: S of 23 06129f2009 03.1 Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 5. Lessee shall not allow any activities on the Premises that adversely impact the natural resources without written authorization. 2.05 Habitat Conservation Plan. The Premises are located within an area that is subject to the State of Washington, Department of Natural Resources Habitat Conservation Plan(HCP)and amendments thereto adopted in connection with Incidental Take Permit No. PRT-812521 as supplemented by Permit No. 1168,and the Implementation Agreement for the HCP`dated January 30, 1997, and any amendments to said permits and agreement(Collectively 1 DTP), which are incorporated herein by this reference. As long as the HCP remains in Affect,"Lessee and all persons acting under Lessee shall comply with the ITP and notify State if-nrw l tioh� of permit species are identified or upon locating dead, injured, or sick indivic4tal-species as o specifically set forth in Exhibit 1 C while operating on the Premises. State shall have the riVht modify these terms and conditions from time to time to comply with the II4',(the En angered Species Act,the implementing regulations,and amendments thereto,or tfte requireents of the federal agencies administering these laws. In conjunction with any Plan-tx£,U`se_and Development submitted to State under Section 2.02 of this Lease, L7sspa#;h T1pr6vi4eYany documentation, analysis,or other information that may be required;'by(the Onited States Department of the Interior,Fish and Wildlife Service,that is deemdd necesslry)to maintain compliance with the ITP. In the event State is required to,,prf6vv—�de any`nfy oration about the Permitted Uses in order to comply with the ITP, Lessee chaff cooperate and promptly provide all information required in the time requested by State. SECTION 3 PAYMENT---- 3.01 Consideration. Under the authority of,-and incompliance with Washington Laws of 2008, Ch. 328, Section 3042, the State of Wash ingt6n3,Department of Natural Resources Trust Land Transfer Program has been authorized to enter ipto'tltis;lease following deposit of a one time, lump sum payment, representing the fa't rttak t V`aIuc of the Lease as appraised,of THREE HUNDRED SEVENTY-ONE THON', 1'1�Vb HUNDRED DOLLARS ($371,200), from the State Building ConstructioWA�countio h -common School Construction Account ("Lease Payment") if this Lease is execufed oir r before June 30,2009,receipt of which is hereby acknowledged. Lessee's adherence16.coitipliance with, and performance under,the provisions of this Lease are necessary cortsiderafinti to support Lessee's rights under this Lease. No additional consideration is requ red from)L�ssee during the initial fifty(50)year lease term. r 3.02 Option to Purch e tlie"R+etn-aigder•,df the Fee Interest. At any time during this Lease, Lessee may request to puNr as�-theresidual value of the fee interest by submitting an offer to accept a land transfer th t ci-ntAins the,te"rins and conditions of the offer. If State determines the offer reflects the fair3arketali3of the"residual fee interest at the time submitted,then State may accept the offei if o! ferrn -and'` onditions acceptable to State,pending approval of the Board of Natural ResNrce`9:,State;upon payment in advance by Lessee of appraisal costs,will obtain a current appraisalwhich'-will determine the balance owed State to buy out the residual value of the fee inter st and.aciquixe all interest in the property identified in Exhibit 1 A. To be acceptable to Sta e,xlie app��sal must reflect a current higher and better use that is equal to,or exceeds,the use Is originOly?appraised. The terms and conditions of the offer must include a Trust Land Transfer t vas ,' 4 of 22 Lease No.60-082211 � � t 544434 Ipage: 6 of 23 06/29/2009 03:12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 deed restriction that restricts the Permitted Use of the Property to fish and wildlife habitat, open space, or recreation use in conformance with Washington Laws of 2008,Ch328, Section 3042 and other applicable law, and require that the Premises no longer be used for any other purposes. Said deed restriction shall be binding on the purchaser and all successors and assigns. The offer must be contingent upon proper authorization, be in accordance with applicable law,contain adequate reservations for minerals and other valuable materials, and be in a form satisfactory to State. 3.03 Costs Resulting from Use or Changes in Use. All costs and fees associfat with b,.� change in a use or development of the Premises, including but not limited to pe' hs,licehses,, construction, or reconstruction shall be the sole responsibility of Lessee. In addition shall a all costs and fees incurred by State which are associated with any change iii use or, PY `ss review or monitoring of any development requested by Lessee and authoriile4,by State, Cost and fees may include,but are not limited to, appraisals, surveys, staff tinie�,,and-c&er similar costs. SECTION 4 RESERVATIONS ff� 4.01 Compliance. State shall have access to the Prerriises`a ll reasonable times to determine and secure compliance with this Lease. Failure to insp4ct br enforci1colnpliance shall not be construed as a waiver of State's right to declare a breach, nor relieve;)Lesee of any liability to State for any breach of the terms,conditions,or requirements of-this' I,,ease. 4.02 Access. State reserves the right to grant'easements on the Premises that do not materially interfere with Lessee's use of the Premises. Tl e casement applicant may be required to remedy any damages to the Premises. Lessee's Plan of Use'and Development and placement of improvements must be such that access to Staters a-djacertt gwInership, if any,will not be impaired. ll� 4.03 Resource Disposal. Mineral'riglltrx an-d cr-va cable materials including timber,rock, sand and gravel, shall continue to be matiaged-by`and-be the property of State and no timber sale will proceed that would be in contraverntign`of_app'licable state land management plans. In connection with Lessee's submission of a'Plaa of-Use and Development pursuant to Section 2.02, and in the event a timber sale�s �roved`\for the Premises that is consistent with the Lessee's use of the Premises,-State Shall-b ifled to the revenue from any such sale unless otherwise agreed and appq�vO by, he, oard,ofNatural Resources. State shall distribute any revenue accruing from rsgtrrdisposal to the appropriate trust, as presently specified at Chapter 79.64 RCW,orlas may'hereftere designated by the Legislature, I`O 5 ASSESSMENTS,TAXES,INSURANCE 5.01 Assessrneni Lessee shall pay all assessments that may be charged against the Premises. Lessee obligatio s ut de`t thii subsection are not limited to assessments relating to the encumbrances(if ar y Iist4d In Exhibit I B of this Lease, but extend to all assessments that may Trust Land Transfer Leas 5 of 22 Lease No.60-0 82211 544434 Page: 7 of 23 0612912009 03:12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 be charged against the Premises, including, but not limited to, forest patrol assessments,weed assessments,watershed protection district assessments,conservation district assessments, storm water runoff assessments, and local improvement district assessments. 5.02 Utilities. Lessee shall be liable for all electrical power, water, sewer and other utility charges or expenses, including power minimums and utility disconnect charges incurred prior to, or following,termination or expiration of this Lease. ' l 5.03 Taxes. Lessee shall pay leasehold excise tax if required by Washington Statestatule,. Lessee shall pay all federal, state and local taxes including,but not limited to, personal prope tax and excise tax, if any,that may be charged against the Lease and improvernents located the Premises. If State must pay any assessments,taxes,penalties or interes because o Lessee s failure to pay such assessments,taxes,penalties or interest,Lessee shall i/tt diateiy r imburse State for such expenditures and the obligation shall accrue interest until paid. 5.04 Insurance. Lessee shall, at all times during the term of this Lem#t t cost-40 expense, buy and maintain insurance of the types and amounts listed below.(IFiilure� b y and maintain the required insurance may result in the termination of this Lease, at,Slater p ion. All insurance and surety bonds should be issued by cornpaRi sadmitt to do business within the State of Washington and have a rating of A-, Class VII/or Metter in the most recently published edition of Best's Reports. Any exception shall be reviewe(f and appt ov d by State's risk manager before this Lease is accepted. If an insurer is no�admit a,aI1 insurance policies and procedures for issuing the insurance policies must comply with-Chapter 48.15 RCW and 284-15 WAC. State shall be provided written notice before caneella ig�non-renewal of any insurance referred to therein, in accord with the following"sp6Zifieatiaklg: ( , � a. Insurers subject to Chapter 48�1 4 W`(e�mitted and regulated by the Insurance Commissioner): The iiisiiiM$hall ive',�Pate forty-five (45)days advance notice of cancellation or non-retiex+al:",if cancellation is due to non-payment of premium, State shall be,givekten(10)days advance notice of cancellation. b. Insurers subject to Chapter 4$.Ii RCW (surplus lines): State shall be given twenty(20)day a&anc�-not((c of cancellation. If cancellation is due to non- payment o t Suu-shall be given ten(10)days advance notice of cancellatjc� . Before starting work,'�"S�ee.�hail�forms State with a certificate(s) of insurance,executed by a duly authorized repl�'c tfa�ve df cacl insurer, showing compliance with the insurance requirements specifier in tht-L ease and, if requested,copies of policies to State. The certificate of insurance shall referenc�-the"State of Washington, Department of Natural Resources", and the Lease number,found the`lont page and footer of this Lease. Lessee shall incl�d all co t etors and subcontractors as insured under all required insurance Trust Land Transfer ` 6 of 22 Lease No.60-082211 544434 Cage: B of 23 06/29/2009 03:12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 policies, or shall furnish separate certificates of insurance and endorsements for each contractor and subcontractor. Contractors and subcontractors must comply fully with all insurance requirements stated herein. Failure of contractors and subcontractors to comply with insurance requirements does not limit Lessee's liability or responsibility. The"State of Washington,Department of Natural Resources", its elected and appointed officials, agents and employees shall be named as an additional insured on all general liabilityexcess, umbrella, and property insurance policies. All insurance provided in compliance with this Lease shall be primary as to any'athe uurance or self-insurance programs afforded to or maintained by State. Lessee waives all rights against State for recovery of damages to the exteptat 1�es are covered by general liability or umbrella insurance maintained pursuant W, ",is Leasd. If Lessee is self-insured, evidence of its status as a self-insured enti s I be,providedo State. If requested by State, Lessee must describe its financial condition rl ' e se &I sure d funding mechanism. By requiring insurance herein, State does not represent 1'ia�erage-and limits will be adequate to protect Lessee and such coverage and limits shall not limit Lessee,s 'ability under the indemnities and reimbursements granted to State in this\, e The limits of insurance, which may be increased by State, as deeme6 necessary, shall not be less than as follows: Commercial General 1_,iability Insurance. Lessee shall maintain Commercial General Liab tlt�lG I:.), surance covering claims for bodily injury, personal injury,or property damage af}'is rCg on theRremises and/or out of Lessee's operations and, if necessary, commercial umbrerlli iiis r�nce with a limit of not less than $1,000,000 per each occurrence. If siich CGL,in�'uranc7 contains aggregate limits,the General Aggregate limit shall be at least twice the,"each,", fence" limit. CGL insurance shall have a products-completed operations aggregate l grit ofat,least two times the "each occurrence" limit. CGL insurance shall be written on �nsturance S�rvices Office (ISO) occurrence form CG 00 01 (or a substitute form providing equivalent code age). All insurance shall cover liability arising out of Premises,operatio0jidependert contractors,products completed operations, personal injury and advertising t lul ah 1,liabil ty assumed under an insured contract(including the tort liability of another part} assYimW iha business contract),and contain separation of insured (cross liability)conitri Employer's Liabilityfl`Sto�,Gap'I'Onsurance. Lessee shall buy empldyeis-liability insurance, and, if necessary, commercial umbrella liability insurance with limAg noj9 t Less than$1,000,000 each accident for bodily injury by accident or $1,000,000 each plovee f6r bodily injury by disease. 1 Trust Land Transfer f 22 Lease No. 60-082211 ease � 7 0 54443- Page: 9 of 23 M2912009 03 12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 Workers' Compensation Coverage. Lessee shall comply with all State of Washington workers' compensation statutes and regulations. Workers' compensation coverage shall be provided for all employees of Lessee and employees of any contractor, subcontractor or sub-subcontractor. Coverage shall include bodily injury(including death)by accident or disease, which exists out of or in connection with the performance of this Lease. Except as prohibited by law, Lessee waives all rights of subrogation against State for recovery of damages to the extent they are covered by workers' compensation, employer's liability,commercial general liability, or commercial umbrella liability iitr�ur`ance. If Lessee, contractor, subcontractor or sub-subcontractor fails to comply with ad;State af' Washington workers' compensation statutes and regulations and State incurs ffines or is r iret4 by law to provide benefits to or obtain coverage for such employees, Lease�`'sltall-indemnify.! State. Indemnity shall include all fines, payment of benefits to Lessee, col�tractor t r subcontractor employees,or their heirs or legal representatives,and the c�sttlofeffe�itt coverage on behalf of such employees. Business Auto Policy. Lessee shall maintain Business Auto Policy(BAP) liability and, if ecss , c mmercial umbrella liability insurance with a limit not less than $1,000.-0-00 per`acc dent:` Such insurance shall cover liability arising out of"Any Auto." BAP cover, c shall be,written on ISO form CA 00 01,or substitute liability form providing equivalent overage. lf' ec�ssary,the policy shall be endorsed to provide contractual liability coverage and c�vet a"coverird pollution cost or expense" as provided in the 1990 or later editions of CA 00 01:-Less 9 waives all rights against State for the recovery of damages to the extent they are covertd-by4AP liability or commercial umbrella liability insurance. SECTION 6 MANAGE NT 6.01 Weed Control. Lessee shall control 11 au si t c uding but not limited to county, state or federally listed noxious weeds, on#ll ds'unie thi Lease. Lessee shall be responsible for, or shall immediately reimburse State,an we cantrof cost incurred as a result of Lessee's failure to control weeds on said Premix 6.02 Deleterious,Hazardous,Tyt�)xjcc,,or Hafmful Substances. l. Deleterious Ada�teria . sseeshall not make,or suffer to be made,any filling in of the PremiSeor any deposit of rock,earth, ballast, refuse, garbage,waste matter,chemlcal;biblogicai or other wastes, hydrocarbons,any other pollutants, or otl3er i "ttet within or upon the Premises, except as approved in writing by State( I�1 is ee fails ttt remove all non-approved fill material, refuse, garbage, wastes or ar y other 6&ihe above materials from the Premises,Lessee agrees that State nfi iy,buL is llgt obligated to, remove such materials and charge Lessee for the p6st o remowl and disposal. Trust Land Transfer 8 of 22 Lease No. 60-082211 tom} 11111111111111111115444J4 < 0612912eO9 03iiV Jefferson County Aud STATE OF WASHINGTON LEASE 64,00 2. Hazardous Toxic or I larmful Substances. a. Lessee shall not keep on or about the Premises, any substances now or hereinafter designated as or containing components now or hereinafter designated as hazardous, toxic, dangerous, or harmful,and/or which are subject to regulation as hazardous,toxic,dangerous, or harmful by any federal,state or local law,regulation,statute or ordinance (hefe'inafter collectively referred to as"Hazardous Substances") unless such,ate necessary to carry out Lessee's Permitted Use under Subswi p 2,0 ,and unless Lessee fully complies with all federal, state and ]tiea jaws,_ regulations, statutes, and ordinances,now in existencc_,O�ubsequeptl` enacted or amended. � b, Lessee shall: (1) Immediately notify State of(i) all spi)Ts 9r-;V.1e, es o n Hazardous Substance affecting the P'erftlses,(fir)all failures to comply with any federal, state,or Iola]iaw.-,regulation or ordinance, as now enacted oT as siibsequ tly-,dnacted or amended, (iii) all inspections of the rem sr es by,,or any correspondence, orders,citations, or noti capons frorri� regulatory entity concerning Hazai ;IlbstAkces aff cting the Premises, (iv)all regulatory orders or fines of all res nse or interim cleanup actions taken by or proposed to be talon-by'any government entity or private party conde!n`ng the Premises;and (2) On request,provide coptgs to-.State of any and all correspondence, pleadings, and/or`f&pe bits received by or required of Lessee or issued or written 151-/L .sse�car on Lessee's behalf with respect to the use,,�presen�e,, t1 ail l3;Ltion or generation of Hazardous Substaiaccs aced jo lh6�remises. C. Lessee shall be fully and�co pletely liable to State,and shall indemnify, defend, and Koid rmle�Ss Slate and its agencies,employees, officers, and agents with r�soect tci-,lan and all damages, costs, fees(including attorneys' fees and_costs),penalties (civil and criminal), and cleanup costs ass set is a nsc oLirnposed as a result of Lessee's use,disposal, tr nsp rtat oi;geperation and/or sale of Hazardous Substances or that of L ssee'!'employees,agents, assigns, lessees,contractors, subcontractors, ensees or`invitees, and for any breach of this subsection. 6.03 Hazardous Cbnditions. Lessee shall immediately remedy hazardous conditions,and exercise due diligence in niotgn6' State and anyone at risk of harm. 6.04 No Wast ; se see,}shall not commit or allow any waste of the Premises. Trust Land Transfer Lease 9 of 22 Lease No.60-082211 t 'v Page: 11 of 23 544434 06/29/2009 03:12P Jefferson County Aud STATE OF WASHINGTON LEASE 64 00 6.05 Condition of Premises at End of Lease. Prior to vacating the Premises, Lessee shall leave the Premises and all improvements thereon to which State has elected to claim title in the state of repair and cleanliness required to be maintained by Lessee during the term of this Lease, and shall peaceably and quietly surrender the same to State. SECTION 7 SUBLEASES AND ASSIGNMENTS 7.01 Subleases. The Premises, in whole or in part,and the appurtenances thereon shall"not be subleased without prior written approval from State, which approval shall be in:,%ate's We`# discretion and only if consistent with state trust land status and the Perm itted,Use01f sublease , Lessee shall remain obligated and responsible for all actions on the Premiss,jncludlrig compliance with all provisions contained in this Lease. Subleases to publ,igenci ass defined by RCW 79.17.200(1) or any nonprofit nature conservancy corporation`or_no 1pm t Historic preservation corporation as defined by RCW 64.04.130, if for conservi f'open sp#ce purposes,are deemed consistent with state trust land status. " . ' 7.02 Assignment. Lessee shall not hypothecate, mortgage, assi , eqc_Ufb j,transfer, or otherwise alienate this Lease, or any interest therein, or ep6iii?n any.otther_,tfansaction which has the effect of transferring or affecting the right of enjayirtent of the.premises,without the prior written approval of State,which approval shall be in!State's sole discretion and if consistent with state trust land status and the Permitted Uses. AssigTu tents to pub-lic agencies as defined by RCW 79.17.200 (1) or any nonprofit nature conservancy`corporation or nonprofit historic preservation corporation as defined by RCW 64.04.130, if fo-reerisdrving for open space purposes,are deemed consistent with state trust°land status. 7.03 Assignee/Transferee Obligations. Each ,tttted assignee, or transferee of Lessee a1 shall assume and be deemed to have assumed zNigaiions of Lessee under this Lease. Notwithstanding any such assignment or trasfer,;Lesseeshall be and remains jointly and severally liable with the assignee or transfer;,:to 'a,�1�tb 'gations under this Lease,unless released, in writing, by State. SECTION 8 MT PkOVEMENTS 8.01 Authorized Improvennents.. l�lt�impra'vement shall be placed on the Premises without the prior written consent 9*�e,4'd-shall be-in conformance with any approved Plan of Use and Development submitted,,/�o � . cction 2. Authorized improvements must be listed in Exhibit 2 or an amendmentteer to. 17 contained in a written Letter of Authorization issued by State. Unauthorized.,i veriients shalteither be: removed by Lessee without damage to the Premises,removed ley§ af'Less'�'s expense, or become the property of State,at State's option. All improvements cutifitly on'the Premises belong to State except those authorized improvements, th drwl?ict, if any, are listed in Exhibit 2. Exhibit 2 may be supplemented with a Letter ofAuthorizajW issued by State, for the purpose of authorizing additional Trust Land Transfer[:ease 10 of 22 Lease No.60-082211 EI 1 111111111111111111111111111111111111111111111� `�0 f 23 Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 improvements to the Premises during the term of this Lease. Letters of Authorization shall be cumulative and become addenda to Exhibit 2 when determining the sum of all authorized improvements. 8.02 Disposition of Authorized Improvements. Upon the expiration or termination of this Lease,all authorized improvements shall belong to State as provided in RCW 79.13.050 without compensation to Lessee, or,at the election of State, Lessee shall remove the improvements from the Premises at Lessee's sole cost, and the affected portion of the Premises restored to,i8-,pre- improved and natural condition. In the event State elects to have the improvementsre� and Lessee fails to remove the improvements within ninety(90)days, State may hay' the improvements removed and the area restored at Lessee's expense. 8.03 Removal of Improvements during Lease. During the term of thisase,atth rite improvements owned by Lessee may be removed by Lessee by submitting-a gdneol,,plan for removal of authorized improvements and restoration of the Premises. State w'iIl revikw that plan and, if acceptable, issue written approval. Lessee shall comply withfthe-greed,upon ter s of the approved plan. Lessee shall be liable for any and all costs and/or fees and an 4nd al "damage to the Premises or any improvement belonging to State resulting from isu&rer vk 8.04 State's Repairs. State shall not be required or o�ligare to male any repairs, alterations, maintenance, replacements,or repairs in,on, or about tl c I rem ises,"fir ap y part thereof,during the term of this Lease. � ' ) 8.05 Lessee's Repairs,Alteration,and Maintenance. L'ss�ll,at its sole cost and expense,keep and maintain the Premises and all improvements thereon and all facilities appurtenant thereto (regardless of ownership) iir�good order and repair and safe condition for the conduct of any activities or enterprises carried out on the Nemises pursuant to this Lease,and keep and maintain the whole of the Premises, incfidding a11j rovements in a clean, sanitary and attractive condition. Lessee shall maintain a d repair 5tate;owned improvements at Lessee's own expense. j� SECTION 9 I ADDS D`RUAD MAINTENANCE 9.01 Roads Across Premises. Lessee is authorized,subject to an approved Plan of Use and Development in accordance,with Sdeti'M_2.lb t1se existing roads on the Premises needed for Permitted Uses under this Lva, �f- .essce ay,'with written approval of State, construct additional roads neededi6njhe`P-rer ii,in accordance with Section 2 of this Lease and subject to any limitations relatedto`t ,eI tts determined by State in State's sole discretion. Construction and mainthn'0ce activitles'shall meet or exceed Forest Practices Board standards (Chapter 222-24 WAC��&be'in,eaiiformance with the ITP. Lessee shall comply with the terms set forth herein when` tsing`tho roads;` 9.02 Access to P06m--fis-s. The'property may be legally accessed by county and/or state rights- of-way. Lessee i `rF pfi�ciris.ib for determining the appropriate legal access route that serves the Permitted Use. Should th8 Lessee need alternate access, Lessee must also provide for access by Trust Land Transfer ttaase` " rt 11 of 22 Lease No.60-082211 r" '° 544434 Pages 13 of 23 W/29/2009 03:12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 State to exercise its rights under the Lease. Lessee shall submit to State any agreements intended to obtain and provide legal access to the Premises for State's review and approval prior to entry, and State's consent may not be unreasonably withheld proposed that State may withhold consent for any additional access that could affect State's future compliance with the ITP. Lessee is responsible for acquisition and construction costs that may be needed to develop the desired access route. 9.03 Term. The rights granted in this section shall last only until this Lease expires yr is terminated as provided herein unless otherwise authorized by State. 9.04 Road Repair. Lessee shall repair or cause to be repaired at its sole c,0�4 ex}>tse damage to a road(s) occasioned by it which is in excess of that which it would-cause througA , normal and prudent usage of said road(s). Within fifteen(15) days of thq,cd na� Le' ee shall meet with State and provide a plan for the repairs. ., 9.05 Road Maintenance. The cost of road maintenance and restkffa in s all bo, e by Lessee unless associated with State's use of the Premises. State ald i essee ac owledge that Lessee may make the roads available for public use to carry out the,Permittdd, ses and Lessee accepts all cost and liability associated with any such puhlrc use. Sta shal not be required to perform maintenance and resurfacing work unless it carr`bc e-stablished that such work is needed as a direct result of State's use of any roads on the Pre is�s. Lessen hdfeby releases,discharges, and agrees to defend, indemnify and hold State harmleTs far,any an4 all claims, damages, liabilities,and causes of action which may arise as a result of the-I rrffitted Uses or Lessee's use and control of the Premises. This indemnity is not intended'O-krnit`the scope or effectiveness of the indemnity found in Section 11.01, but shalllsein addition to said indemnity. 9.06 Improvements. Lessee shall construct no road inipzavements without the prior written consent of State,which shall not be unreasonabITwith,�eld,Ptovided that State may withhold consent for any road improvements that could affect_States future compliance with the ITP. Unless the parties agree in writing to Share the ost flimprovements, improvements shall be at the sole expense of the improver. Aj ,jltnpro�`ei tql road areas shall become property of State upon expiration or termination of t1ie I;ease"-- 9.07 Road Fee. Lessee shall pay,any-yaad,.us -car maintenance fees, including but not limited to the Access Road Revolving Fund fees es "bIhshed by State. 9.08 Insurance. The povj# iom under Sub§ection 5.04 shall apply to Lessee's use of and to those authorized by Les ee o4 set &-rq ds and easements authorized herein. N DEFAULT AND REMEDIES ,l 10.01 Nonwaiver. �a&er by'State of strict performance of any provision of this Lease shall not be a waiver of,, err p ojuda- tate's right to require strict performance of the same provision in the future or of'agy other Orovision. The acceptance of performance,rent,or any other sum owing, by State f}pllbwing) Preach by Lessee of any provision of this Lease shall not constitute a Trust Land Transfer Case�.° 12 of 22 Lease No. 60-08221 1 544434 0612912009f03:12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 waiver of any right of State with respect to such breach and State shall be deemed to have waived any right hereunder only if State shall have expressly done so in writing. 10.02 Attorney Fees and Venue. Each party shall be responsible for their own attorney fees and court costs in the event of a dispute arising out of this agreement. Venue for resolving such disputes shall be in Thurston County Superior Court of Washington. 10.03 Notices. Any notice given under this Lease shall be deemed received when d l v red by hand or five(5) days after deposit in the United States mail with first-class postage affixed',,, addressed as noted below. Changes of address shall immediately be given in ac r3a3Tce=auiih� this subsection. Any notice or missive given under this Lease shall be sent:To State: C) Department of Natural Resources Olympic Region Product Sales&Leasing 411 Tillicum Lane Forks,WA 98331 To Lessee: Jefferson County Office of the County Administrator 1820 Jefferson Street PO Box 1220 Port Townsend,WA 98368 10.04 Default. If Lessee breaches or defaults on_any'undef king,promise or performance called for herein, State may cancel this Lease(after'T./e ee.has been given thirty (30)days notice of the breach or default and such bre ih-or defau4- Lsh&been corrected within such time. y i l Upon such cancellation, all improverntnts of-the i?�emises shall be forfeited and become the property of State subject only to any previously approved waiver of interest or security interest. State may seek damages for any and all olatufis.9f defaults with or without canceling this Lease. In the event State deems thebrleach of d+rfault to constitute a threat to safety, life,or property it may elect to interYene immediately and enter the Premises,without notice,to remedy the breach or default and Lesscc-herc:byagrees'to repay State for all costs in remedying the breach or default upon demhn&,-,together With interest thereon from the date of expenditure at the rate set forth in this Lease.�Wltematiuely ,,State may require Lessee to act immediately to remedy the breach or default,4hat`�ld Sf: deeniii a threat to safety, life, or property. 10.05 Survival. All obligat't�onsaJ.essee to be performed prior to the expiration or earlier termination shall not cease,up6h,the termination or expiration of this Lease, and shall continue as obligations until fully-p rfgrme<l, All clauses of this Lease,which require performance beyond the termination o�"eztpiatorr date,shall survive the termination or expiration date of this Lease. However, upon a p6tion`)or�earlier termination of this Lease,the rights of Lessee and of all Trust Land Transfer e JJ; 13 of 22 Lease No.60-082211 544434 Page: iS of 23 06129f2008 03:12P Jefferson County Aud STATE OF WPSHINGTON LEASE 64.00 persons, firms,corporations, and entities claiming under Lessee in and to the Premises and all improvements thereon, unless specified otherwise in this Lease, shall cease. 10.06 State's Right to Cure Defaults. If Lessee fails to perform and is in default of any undertaking or promise contained herein, including those set forth in any Plan of Use and Development, State shall have the option, but is not obligated, to make such performance after giving ten(10) days written notice to Lessee. State's costs and expense to correct L,8see's failure to perform shall be reimbursed by Lessee and shall be immediately due and payable, together with interest accruing from the date such cost or expense is incurred. 10.07 Remedies Cumulative. The specified remedies to which State may,.r-esort.under tli,� terms of this Lease are cumulative and are not intended to be exclusive of#n other remedies ar means of redress to which State may lawfully be entitled in case of any bre`ah or fteatened breach by Lessee of any provision of this Lease. r' SECTION 11 GENERAL PROVISIt N 11.01 Indemnity(Assumption of Liability). To the fullest extent p`�mitte bylaw, Lessee shall indemnify,defend and hold harmless State, and alb[of ials, age`rts and employees of State, from and against all claims arising out of or resulting fkot>'the perfo ince of this Lease. A "claim" as used in this Lease means any financial loss, �laiin,suit, aWtan, damage, or expense, including but not limited to attorneys' fees, attributable t0r.,bod1Iy'inJ* iry, sickness, disease or death,or injury to or destruction of tangible property includi g`lofs of use resulting therefrom. Lessee's obligation to indemnify, defend, and f6ld-harmless includes any claim by Lessee's agents, sublessees, employees,representatives, nvitecs,.licensees,permittees,contractors or any subcontractor or their employees, and any other persons entering the Premises pursuant to the Permitted Uses. Lessee expressly agrees to indCrn`nif},. ` Ita,and hold harmless State for any claim arising out of or incident to Lessee's, uble's§ee,'s;any contractor's or subcontractor's performance or failure to perform a cpntracJ. 's#e's r"ligation to indemnify, defend, and hold harmless State shall not be eliminate4lcr ,ucecl,bS any actual or alleged concurrent negligence of State or its agents,employees and officials:"Lessee waives its immunity under Title 51 RCW to the extent it is required to indemnify fe`ndjand;hold harmless State and its officials, agents or employees. 11.02 No Partnership. State is not a padner nor a joint venturer with Lessee in connection with the activities condugt6 ��Id'busi cs$Sariied on under this Lease, and State shall have no obligation with respect o IFessg+ ' debtc or other liabilities. I,r `_ , l 11.03 Authority � ^� State's Authority. ,Th;s`L ase ts-.entered into by State pursuant to the authority granted under Washington Laws of�008,`C-h.328 "section 3042, by statute and the Constitution of the State of Washington,and the Staie's,Fnabling Act. The terms and conditions hereof are subject to such statutory and constitutional Iarci`visions as may be now in effect and such provisions which do not impair the contra't -In'` is bf Lessee under this Lease that may lawfully be enacted subsequent to the date of thi Lease vided that State may interfere with Lessee's contractual expectations Trust Land Transfer luase 14 of 22 Lease No.60-082211 544434 Page: 16 of 23 06/29/2009 03:12P Jefferson County Pud STATE OF WASHINGTON LEASE 64.00 to the extent required by laws subsequently enacted that relate to State's trust responsibilities. Lessee's Authority. By signing this Lease, Lessee represents that Lessee is authorized to enter this Lease and that Lessee's representative has been authorized to execute this Lease on Lessee's behalf. Prior to executing this Lease,Lessee shall provide State with a resolution adopted by Lessee's governing body evidencing authorization to enter this Lease. 11.04 Preservation of Markers. Any legal land subdivision survey corners, reference.points or monuments are to be preserved. If such are destroyed or disturbed, State shall be hQtified immediately and prior to re-establishment. Upon approval of State,they shall be re established by a licensed land surveyor in accordance with the United States General Land Office standards at Lessee's expense. Corners and/or reference points or monuments that mustrnecets�sar ry be... disturbed or destroyed in the process of carrying out the operations allowed,byjhis Lease mu��)t be adequately referenced and/or replaced in accordance with Chapter 58.09AM uc� dva references and replacements must be approved in writing by State prior td-rpmLo id corners, reference points or monuments. f the Premises are taken b public authority under the power 11.05 Condemnation. If all o Y any of eminent domain,this Lease shall terminate as of the date possessl<on'is talon, y said public authority pursuant to such condemnation. If any part of the'T're'ices ikso_tak&n and, in the opinion of Lessee, it is not feasible to continue this Lease,th n esseemay terminate the Lease. Such termination shall be made by notice to State given not later than t}irty(30)days after possession is so taken, the termination to be effective as f`the later o�thirty(30)days after said notice or the date possession is so taken. No refunds or pirorations t n sums paid or due will be made. All damages awarded for the taking or damaging of aft or-any part of the Premises shall belong to and become the property of State, an< -Lessee hereby disclaims and assigns to State any and all claims to such award. State will not claim any interest in any award ferfp-erspna erty belonging to Lessee or for Authorized Improvements then belonging to To,, St�te:.will not claim a share of any award made to Lessee for moving expenses.Lessee shall not exercise an owers of cri Entatn that Lessee might otherwise be entitled Y p I ., to use against State or the Premises, up Jes Lessee calculates the fair market value of the Premises absent the encumbrance ofrthis. ease, 11.06 Time of Essence. Time is pier sly,�eclared to be of the essence of this Lease and each and every covenant of Le*e;- reundarThis Lease shall not be valid unless mutually executed on or before June 30, 2009,u oche ise approved by the Legislature. 11.07 Lease Chan ' rrd Ad oAny changes or additions to this Lease or the attached �. .� exhibits shall be ma a in," ting;,exe'9uted by the parties hereto, and neither State nor Lessee shall be bound by verlsal or implied iigreements. 11.08 Entire Agri6ement.jhis`written Lease or its successor or replacement contains the entire agreement,6fjthe parties hereto with respect to the matters covered hereby,and no other agreement, stater�eitt or p raise made by any party hereto,or to any employee, officer or agent Trust Land Transfer Lease 15 of 22 Lease No.60-082211 544434 Page: 17 of 23 06/29/2009 03-12P Jefferson County Aud STATE Of WASHINGTON LEASE 64.00 of any party hereto,which is not contained herein, shall be binding or valid. 11.09 Invalidity. If any term or provision of this Lease or the application thereof to any person or circumstance shall to any extent prove to be invalid, unenforceable,void,or illegal, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall be not affected thereby, and each term and provision of this Lease shall be valid and be enforced as written to the fullot.extent permitted by law. ' 11.10 Discrimination. Lessee shall not conductor suffer any business or activa'ty up the'--- Premises which unlawfully discriminates against any person on the basis of r olor, religion, sex, age,or physical or mental handicap. 11.11 Exhibits. Any exhibit attached hereto shall be deemed a part of�i$ag'reeme and incorporated herein by reference. ,~ `mod day of t� ,200 Signed this_< y � �L f JEFFERS 'TY-N �3 as to form SipmWrG J 1j P ea�t _r:;on Co. Prosecut0t''4 ,�:. Name .1eA i,Fi►<1 Signed this `2—Zday of OF WASHINGTON ,. .3SMArt,4\1 IREPA.RTMENT OF NATURAL RESOURCES r ., • t i :•• WA Commis ' ublic Lands prov t Form, y Pamela W.K uegert Assistant Attorney Ge ertl � Trust Land Transfer"`ase 16 of 22 Lease No.60-082211 r` It I�I I 544434 061 912009 03.12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 LESSEE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss COUNTY OF JEFFERSON ) On this day personally appeared before me rl" G V► Q ��' V. V ask' , to-me known to be the that executed the foregoing instrument apd acknowledged the sai anstru nt to be the free and voluntary act and deed of sAid-._...- � for the uses and purposes therein mentioned, and on ok'h-slued that- e was author' ed to execute the said instrument. WITNESS my hand and official seal this day of 20jP l rig — •`,- C%K!J t� �betar #' ���� Notary Public In(and fi T the St to of aosA,p ��►�., ,� y Washington,rsiding-d s �u �t� A 1, Na�� ��d`�4 M a pointmenrxpires </ tif OP WASVkN t1tt1\iN�i������ Trust Land Transfer ase 17 of 22 Lease No.60-082211 !A 544434 23 0692912009f03:12P Jefferson County Rud STATE OF WASHINGTON LEASE 64.00 COMMISSIONER OF PUBLIC LANDS STATE OF WASHINGTON ) ) ss. COUNTY OF THURSTON ) On this day of ,2ka personally appeared before me Pe£eK Goldmark, the duly elec d�qqualif�—jedand acting Commissioner of Public Lands, Staie_of,., Washington,who executed the within and foregoing instrument on behalf of the State of, Washington,and acknowledged the said instrument to be the free and voluntary." t_._a~n_�de4of the State of Washington, for the uses and purposes therein mentioned, and on c ath-state�that he was authorized to execute said instrument and that the seal affixed is the off•ci"eal`of the Commissioner of Public Lands for the State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my cba seal-o the day I` � and year first above written. NF Notary Public irti a d for th,Statc'of Washington, residing at/ { My appointment expire —� `. V Trust Land Transfer Leese 18 of 22 Lease No.60-082211 1' � IIIIIIIIIIIIIIIIIII1111IIIIII((IIIIIIIIIllIII#II(III##IPage:4�� 12P 06/2912 Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 EXHIBIT lA (As referenced in Introductory) QUIMPER PENINSULA EAST TRUST LAND TRANSFER LEASE Legal Description Government lot 5 of Section 33, Township 31 North, Range 1 West, Willamette-M d an, Jefferson County, Washington, EXCEPT the north 330 feet thereof, as sh=age d d crib b that Record of Survey recorded January 11, 1996, in Book 17 of Surveys"al33- 28, under Auditor's File No.387842,Jefferson County records. ,r r 2104;^� J -a Dennis Dennis J. Gelvin, PI.S Ib, 4 lb Land Description& R/W S ialist State Land Survey Unit PO Box 47060 r Olympia, WA 9 504:7060 Trust Land Transfer `� 19 of 22 Lease No.60-082211 N IIIIII IIIIII Ill I�Illfl II tlll 4`+`+3 Pala: 25 of 23 06f29/2009 03:12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 EXHIBIT 1B (As referenced in Introductory) QUIMPER PENINSULA EAST TRUST LAND TRANSFER LEASE Encumbrances Those encroachments in the northeast corner and the northwest comer of said section as shown'`, and described by that Record of Survey recorded January 11, 1996, in Book l6-o£Surveys aU Pages 123-128,under Auditor's File No 387842,Jefferson County record �` No other encumbrances of record. s There may be additional et;i~umbran es that presently do not show on the records of the State of Washington, such as cu�tural�sitis;or endangered species. Encumbrances change over time. Lessee is responsible td perform-their own due diligence in matters where Lessee needs a complete and cu`( 'e 1st oft d' cumbrances. Trust Land Transfer Lease 20 of 22 Lease No.60-082211 544434 Page: 22 of 23 06/2912009 03:12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 EXHIBIT 1 C (As referenced in Section 2.05) QUIMPER PENINSULA EAST TRUST LAND TRANSFER LEASE Habitat Conservation Plan Requirements 1. Lessee shall immediately notify State of new locations of Permit speeit-s-tayered in the ITP that are discovered within the leased Premises covered by the g1CP including, liar not limited to: locations of occupied murrelet habitat; spotted owl,`Me4t sites;*Oves; grizzly bears; nests,communal roosts,or feeding concentrations ofbaldtaglcs; peregrine falcon nests; Columbian white-tailed deer;Aleutian Canada geese;and flregcrosilverspot butterflies. In all circumstances notification must occur withirte-tw,ent -fa ir,(24)hour time period. 2. Upon locating any live, dead, injured, or sick specimen of any--Iisted`species covered by the ITP within the leased Premises, Lessee shall,"irqnmiatelyiyify State. In all circumstances notification must occur within a w4 ednty-four g4)�'}hour time period. Lessee may be required to take certain actions to help tate safeguard tie well being of any live, injured or sick specimens of any listed species disbttvereci;until the proper disposition of such specimens can be determined by State. Lessee mad ee required to take certain actions to preserve biological material . m best possible state for handling any dead specimens. 3. Lessee shall refer to ITP number PRT-B r2L(�c p. of the ITP is located for reference in any of State's region offices) and PRk`-31 .8 iri-all correspondence and reports concerning Permit activities. ` 4. All applicable provisions of the I`fP arid4hts st edule must be presented and clearly explained by Lessee to all author-i;�ed-officers,employees, contractors,or agents of Lessee conducting authorized act&itie on``fhe Premises. Any questions Lessee may have about the ITP should be dirctd to Sat . 5. Lessee shall notifyt `/6f n- taon-timber activity in order to allow State to determine its obligation to proide'- a.I'ormation related to non-timber activities to the United States Department of 6e Interior, h`tskaod Wildlife Service and Lessee shall provide any information iKO by State thai State is required to submit to the United States Department�f the 6ribrji'and Wildlife Service under the ITP, Condition L. Trust Land Transfer 21 of 22 Lease No.60-082211 544434 Page: 23 of 23 06129/2009 03:12P Jefferson County Aud STATE OF WASHINGTON LEASE 64.00 EXHIBIT 2 (As referenced in Section 9.01) QUINIPER PENINSULA FAST TRUST LAND TRANSFER LEASE Authorized Improvements All improvements currently on the Premises belong.to State except: None. } The following improvements are hereb authorized to be pjaced by Le Lth ices: None. Trust Land Transfer Lease 22 of 22 Lease No.60-082211