HomeMy WebLinkAboutWashington Department of Natural Resources Quimper East - 112023 44 vAINGT04,
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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.
�O Dated this day of (VW& , 20 7i3
Lease No. 60-082211 1 of 3 Surrender of Leasehold
EH-23-080
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, ashington
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By: .�
Greg Brotherton, Chair Date
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Carolyn Gallaway, CMC, / Date
Clerk of the Board
Approved as to form only:
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Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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.
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Dated this day of , 20 d
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
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Azting-Olympic Region Manager
Lease No. 60-08221 1 3 of 3 Surrender of Leasehold
615 Sheridan Street
Port Townsend, WA 98368
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son 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: Nbver,,60, 10, Zo2-;
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 CON'S:
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 :
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Mark McCauley, Con Administrator Date /V2--3
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 I 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 Pokorny
Contact Phone: x 498
Contact email: tpokorny@co.jefferson.wa.us
AMOUNT: $0 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 l: DEPARTMENT CERTIFIES CO ANCE ITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: t N/A:111 Nov. 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: 1 N/A: Nov. 9,2023
Stgnatu 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
11 ,5a94. 4,40,3243
06/29/2009 03;12P
Jefferson County Aud STATE OF WASHINGTON LEASE 64.00
AFTER RECORDING RETURN TO:
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 CQ NTY TREASURES
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Document Title: TRUST LAND TRANSFER/LEASE.. )
Grantor: STATE OF WASHTNGTt3 ,a'eting byand through the
Department of Natural,Resources,:
Grantee: JEFFERSON COUNTY Washing an
/
Legal Description: Government lot 5 of Section-3-3;Township 31 North,
Range I Wst,.:W.M.,Jefferson County, Washington
(Full legal in attached Exhibit 1A)
Assessor's Property Tax !'^
Parcel/Account Number(s): 1013240 r, 19'1U 3`10,4,999007201
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Reference Number(s) of
Documents assigned or
released: N/A
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Lease No. 60-082211 -C}uimper--Peninsula East TLT
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Pa6a. 244434 of 23
06r25t2009 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
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WASHINGTON STATE DEPARTMENT OF ( "` f/
Natural Resources rces ..-. ,�.
Peter Goldmark-Commissioner of Public Lands,=•`�� \ '"'� . ,)
QUIMPER PENINSULA EAST
TRUST LAND TRANSFER LEASE`,,,,,_J f, ,- /,%)
Lease No. 60-082211 \ t\
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BY THIS LEASE, issued under the authority of Washington Laws,of2008, Chapter 328, Section
3042,the STATE OF WASHINGTON, Department of Natural Resources, hereinafter called
"State", leases to JEFFERSON COUNTY,hereinafter-.called"Lessee",the use of the premises,
hereinafter called the"Premises", in Jefferson CotintyWashington.the legal description(s) of
which is set forth in Exhibit IA,attached hereto--arid incor crated herein by this reference and
the encumbrances, if any, of which are set forth in-Exhibit 113,attached hereto and incorporated
herein by this reference. This Lease is made(ups) 'the-cetitt and conditions and for the
consideration enumerated herein. 7' /
SECT-ION�Q etiPANCY
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1.01 Lease Term. T 's Lease isffective)as,of the date of signature by State and shall expire
in fifty(50)years, on ti;L.'- `
taking possession of the Premises byLessee shall constitute
1.02 Condition of em`ises
acknowledgment by ' ss e that the Premises are in good condition and that the Premises are in
all respects suitable foil thte "e r..itted'Use(s) in Section 2. State has no obligation to make any
repairs, additions,or`imprdvements thereto and expressly disclaims any warranty that the
Premises are suitable for'Such Permitted Use(s). Lessee agrees to maintain the Premises in at
least as good a conditialfias;the-Premises are received, and allow no degradation of the Premises
and natural resources-thereo'`
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Trust Land Transfer Lease ;- 1 of 22 Lease No.60-08221 l
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06129/2009 03:12P
Jefferson County Acid 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 provisions 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(s)for pub!ic;)benefit:
fish and wildlife habitat, open space, or recreation. Lessee may also request alternative uses of
the Premises that are compatible with the original intended public purposes,ptovided such uses
are approved by State,and by the Legislature of the State of Washingtonyat Lessee's sole
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expense. ( ( a
2.02 Plan of Development. Lessee shall not make anyginiprOvementstol.nor modify the
Premises without submitting ninety(90)days in advance to;State its general plan for the use and
development hereinafter called "Plan of Use and DevelOpr lent",of the Premises seeking State's
consent to the uses and development proposed in the plan. State will'reyiew the plan and provide
comments within ninety(90)days of receipt,with State's‘revieW-primarily focusing upon
consistency with the Permitted Uses and the Habitat Conserva`tt'oar Plan described in Section
2.05. State may condition its consent on any review,or approval required by other entities or
may delay its comments and consent until any required-review or approval(s) is received, at
State's discretion. Lessee shall comply with the agreed upcin terms of the approved Plan of Use
and Development. The plan shall include, as uppmpriate,the following:
1. A map showing the areas and 4cteag4 to be developed along with the location of
improvements;
2. Changes in use that may.ciccu`r asya result of the Lessee's management of the
Premises pursuant to.a plan of deVelopment;
3. Timber harvest,land,cl gearu anr1 grading plans with acreage figures; and
4. An estimated total cost-of improvements.
Any Plan of Use and Drev eloprnent must be consistent with the Permitted Uses,and may be
limited by Subsection 2.04 and Section 6.
All costs and fees associated with development,construction, maintenance and removal of
improvements upon the Prernises`during and at the end of the Lease term shall be the'sole
responsibility of Lessee.',
1
Trust Land Transfer Lease 2 of 22 Lease No.60-082211
d23
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.
2.03 Compliance Specifications. On all improvements relating to the development"ofthe
Premises,the following shall apply:
1. State may inspections ins ections during construction. r
2. State shall make a final inspection of the completed project_and,a.faoceptable,
shall issue its written acceptance.
State's approval or disapproval of any plans, specifications, improvements I.
completed projects,
shall not obligate or render State liable in any way.
2.04 Limitations on Use. The following restrictions(s'ha iply to use of the Premises:
1. Lessee shall conform to all applicable laws.'rules. reg ila ions,permits,orders, or
requirements of any public authority affecting the-Premises and the use thereof
and shall bear, at Lessee's sole expense,any'dasts-oftuch compliance including
any attorney fees, costs, fines or penalties.
2. Lessee shall remove no valuable material,including but not limited to forest
products, timber, minerals, sand,orgravel,.unless Lessee has received State's
prior written approval and made arrangements to compensate State for the value
thereof All timber, forest prdduict and valuable material ownership thereof
remain with State. / (
3, Lessee shall take all reasonable precautions to control negative effects of
designated or dispersed public access, including, but not limited to:a)protect the
Premises from fire, insects arid disease,and make every effort to report and
suppress such.fires, d re rt outbreaks of insects and disease as may occur; b)
protect the Premises from asset value losses due to vandalism,garbage dumping,
resource�eft orotherillegat activities; and c)protect the Premises from damage
to soils, water quality plays,animals or other elements of the forest environment.
If necessary to control such negative effects, Lessee shall close, limit,or redirect
public a�c.ce s,at Lessee's reasonable discretion. Lessee's regulation of activities
on the P?remises shall be consistent with applicable law and the Plan of Use and
Developrn nt; ` w
4, Lessee shall no allow any activity that negatively impacts adjoining land
managed by State. State shall have sole discretion in this regard.
Trust Land Transfer Lease'` 3 of 22 Lease No.60-082211
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i 06f29d2039 12P
Jefferson County Aud STATE OF WPSWINGT0N LEASE G4,ee
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"1TP),
which are incorporated herein by this reference. As long as the HCP remains in effect,Lessee
and all persons acting under Lessee shall comply with the ITP and notify State ifnew locations
of permit species are identified or upon locating dead, injured, or sick individual-species as—more
specifically set forth in Exhibit IC while operating on the Premises. State shall have the right to
modify these terms and conditions from time to time to comply with the ITP,lthe Ed ar gered`
Species Act,the implementing regulations,and amendments thereto,or tte,reguir-errrerts of the
federal agencies administering these laws. In conjunction with any Plauwof Use..arrd ,.,
Development submitted to State under Section 2.02 of this Lease, Lessee shallprovide any
documentation,analysis, or other information that may be required by the United States
Department of the Interior, Fish and Wildlife Service, that is deemed necessAry=to maintain
compliance with the ITP. In the event State is required to7proscdc ariyirlformation about the
Permitted Uses in order to comply with the ITP, Lessee-shaft cooperate and promptly provide all
information required in the time requested by State. t
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SECTION 3 PAYMEN'Ty— -'!
3.01 Consideration. Under the authority of and in compliance with Washington Laws of
2008, Ch. 328, Section 3042, the State of Washington,;Department of Natural Resources Trust
Land Transfer Program has been authorized to.enter into this Lease following deposit of a one
time, lump sum payment, representing the fait market'value of the Lease as appraised,of
THREE HUNDRED SEVENTY-ONE THOSA;NJ3TWO HUNDRED DOLLARS ($371,200),
from the State Building Construction'Account tofthe Common School Construction Account
("Lease Payment") if this Lease is executed on„or before June 30, 2009, receipt of which is
hereby acknowledged. Lessee's adherence to;;compliance with,and performance under, the
provisions of this Lease are necessary conSideration to support Lessee's rights under this Lease.
No additional consideration is required from,}Lc see during the initial fifty(50)year lease term.
I
3.02 Option to Purchase the-Remainder of the Fee Interest. At any time during this Lease,
Lessee may request to purchase the residual value of the fee interest by submitting an offer to
accept a land transfer that contains the terms and conditions of the offer. If State determines the
offer reflects the fair°market Value-of the residual fee interest at the time submitted,then State
may accept the offer if`on termsand conditions acceptable to State,pending approval of the
Board of Natural Resources: State,upon payment in advance by Lessee of appraisal costs,will
obtain a current appraisal whichi`will determine the balance owed State to buy out the residual
value of the fee inte est and acquire all interest in the property identified in Exhibit I A, To be
acceptable to State,.theappraisal must reflect a current higher and better use that is equal to,or
exceeds,the use as Origin llyjappraised. The terms and conditions of the offer must include a
Trust Land Transfer Lease 4 of 22 Lease No. 60-08221 1
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iIi54 06929/2009 443034
.12P
Jefferson County ALA 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, Ch.328, 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 associated with a.,
change in a use or development of the Premises, including but not limited to permits leehses,
construction,or reconstruction shall be the sole responsibility of Lessee. In addition, Le§see {
shall pay all costs and fees incurred by State which are associated with any change in use or,
review or monitoring of any development requested by Lessee and authorized by Mate` Costs`
and fees may include, but are not limited to, appraisals, surveys, staff time,and other similar
costs.
SECTION 4 RESERVATIONS ,
4.01 Compliance. State shall have access to the PrentiscS t all reasonable times to determine
and secure compliance with this Lease. Failure to inspect Or enforce..conpliance shall not be
construed as a waiver of State's right to declare a breach,nor relieveiLeSsee of any liability to
State for any breach of the terms,conditions,or requirements of-this Lease.
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. The easement 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 State's—adjacent.ownership, if any,will not be
impaired.
I
4.03 Resource Disposal. Mineral,rigbts.and�other valuable materials including timber,rock,
sand and gravel, shall continue to be managed'by and be the property of State and no timber sale
will proceed that would be in contravention of applicable state land management plans. In
connection with Lessee's submission`ofj Plan of :Jse and Development pursuant to Section
2.02, and in the event a timber sale is approved for the Premises that is consistent with the
Lessee's use of the Premise State Shall-beenti{led to the revenue from any such sale unless
otherwise agreed and appf xvedby the Board.of Natural Resources. State shall distribute any
revenue accruing from reso‘Urce d spesal to the appropriate trust, as presently specified at
Chapter 79.64 RCW, or(as May hereafter be designated by the Legislature,
.�A.
SECTION 5 ASSESSMENTS,TAXES,INSURANCE
5.01 Assessments. ssee shall pay all assessments that may be charged against the Premises.
Lessee obligations ufiderthOubsection are not limited to assessments relating to the
encumbrances (if ally) listed in Exhibit 1 B of this Lease, but extend to all assessments that may
Trust Land Transfer Lease_—_--/ 5 of 22 Lease No.60-082211
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111 II '1111111111 III II II
page: 7 of 23
06/2A/2009 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.
5.03 Taxes. Lessee shall pay leasehold excise tax if required by Washington State statute.
Lessee shall pay all federal, state and local taxes including,but not limited to, personal properly
tax and excise tax, if any, that may be charged against the Lease and improvements located on
the Premises. If State must pay any assessments, taxes,penalties or interest because of Lessee's
failure to pay such assessments,taxes,penalties or interest,Lessee shall ilnediately reimburse
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;Lease t itS cost and expense,
buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain
the required insurance may result in the termination of this Lease, at State's-option.
All insurance and surety bonds should be issued by comparrieTadmitted to do business within the
State of Washington and have a rating of A-, Class VII(or better in the roost recently published
edition of Best's Reports. Any exception shall be revie vedand approved by State's risk
manager before this Lease is accepted. If an insurer is nod admitted.all,insurance policies and
procedures for issuing the insurance policies must comply witlrChpter 48.15 RCW and 284-15
WAC.
State shall be provided written notice before cancellation or-non-renewal of any insurance
referred to therein, in accord with the following'speeificatioi :
a. Insurers subject to Chapter 48(18,RqW,;(admitted and regulated by the Insurance
Commissioner): The tnsurerashall give"State forty-five (45)days advance notice
of cancellation or non-renewal: If cancellation is due to non-payment of
premium, State shall be.giveriien(10)days advance notice of cancellation.
b. Insurers subject to Chapter 4�.1 5 RCW (surplus lines): State shall be given
twenty(20)days adViince-noticelof cancellation. If cancellation is due to non-
payment ofpremiums State—shall be given ten(10)days advance notice of
cancellaton`
Before starting work;Lesieeshall furnish State with a certificate(s) of insurance, executed by a
duly authorized representative of each insurer, showing compliance with the insurance
requirements specified in the-Lease and,if requested,copies of policies to State. The certificate
of insurance shall reference the"State of Washington, Department of Natural Resources",and
the Lease number,found on,the` ont page and footer of this Lease.
Lessee shall incl de all contractors and subcontractors as insured under all required insurance
Trust Land Transfer Lease 6 of 22 Lease No. 60-0822 1 1
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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 liability,excess,
umbrella,and property insurance policies.
All insurance provided in compliance with this Lease shall be primary as to any--other n ura»c
or self-insurance programs afforded to or maintained by State.
_ 1
Lessee waives all rights against State for recovery of damages to the extent-tlbese damages are
covered by general liability or umbrella insurance maintained pursuant tO this Lam.
If Lessee is self-insured, evidence of its status as a self-insured entity sball be provided to State.
If requested by State, Lessee must describe its financial condition and(the se f-insured funding
mechanism.
By requiring insurance herein, State does not represent that-t verage-and limits will be adequate
to protect Lessee and such coverage and limits shall not limit Lessee's liability under the
indemnities and reimbursements granted to State in this\Lease.
The limits of insurance, which may be increased by State, as deemed necessary, shall not be less
than as follows:
Commercial General Liability Insurance.
Lessee shall maintain Commercial General Liability(COL) insurance covering claims for bodily
injury,personal injury,or property damage arising on the- remises and/or out of Lessee's
operations and, if necessary, commercial umbrella i istrance with a limit of not less than
$1,000,000 per each occurrence. If stash CGL"`in'surance contains aggregate limits,the General
Aggregate limit shall be at least twice the"each occurrence" limit. CGL insurance shall have a
products-completed operations aggregate limit of a.t.>least two times the "each occurrence" limit.
CGL insurance shall be written on fns Trance Services Office (ISO) occurrence form CG 00 01
(or a substitute form providing equivalent cp''etage). All insurance shall cover liability arising
out of Premises,operations,indepeendea t contaactors,products completed operations, personal
injury and advertising injury,and liability assumed under an insured contract(including the tort
liability of another party assumed in abti iness contract), and contain separation of insured
(cross liability) condition:,
Employer's Liability("Stop Gap')Insurance.
Lessee shall buy employers liability insurance, and, if necessary, commercial umbrella liability
insurance with limit nofless than$1,000,000 each accident for bodily injury by accident or
$1,000,000 each r rnployee flr bodily injury by disease.
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Trust Land Transfer Lease` 7 of 22 Lease No.60-082211
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06f2S/2009 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 insurance.
If Lessee,contractor, subcontractor or sub-subcontractor fails to comply with altS ate Of'
Washington workers' compensation statutes and regulations and State incurs fines or itluired
by law to provide benefits to or obtain coverage for such employees, Lessee`sliall indemnify.'
State. Indemnity shall include all fines, payment of benefits to Lessee, contlractor of
subcontractor employees,or their heirs or legal representatives,and the cost of effec';ip
coverage on behalf of such employees.
Business Auto Policy.
Lessee shall maintain Business Auto Policy(BAP) liability and, if ecessa�r , cmmercial
umbrella liability insurance with a limit not less than$1,000:00 per'acc nt Such insurance
shall cover liability arising out of"Any Auto." BAP coverageshall bewritten on ISO form CA
00 01, or substitute liability form providing equivalent Coverage. If'necessary,the policy shall be
endorsed to provide contractual liability coverage and cover "covered pollution cost or
expense" as provided in the 1990 or later editions of CA 00 01....LeSseewaives all rights against
State for the recovery of damages to the extent they are covered by-BAP liability or commercial
umbrella liability insurance.
SECTION 6 MANAGEMENT
6.01 Weed Control. Lessee shall control ll''wee&, including but not limited to county, state
or federally listed noxious weeds, on<all;lands imderlisi Lease. Lessee shall be responsible for,
or shall immediately reimburse State, any weed control cost incurred as a result of Lessee's
failure to control weeds on said Premises,
6.02 Deleterious,Hazardous, Toxic,or Harmful Substances.
. Deleterious Material. L,esseeshall not make,or suffer to be made, any filling in
of the Premises oranydeposit of rock, earth, ballast, refuse, garbage,waste
matter, chemical, biological or other wastes, hydrocarbons,any other pollutants,
or other tnatter,within or upon the Premises, except as approved in writing by
State, I L ssee fails t`o remove all non-approved fill material, refuse, garbage,
wastes`or anyother of the above materials from the Premises, Lessee agrees that
State may,but is not obligated to, remove such materials and charge Lessee for
the psi-O removal and disposal.
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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(hereinafter
collectively referred to as"Hazardous Substances")unless such are
necessary to carry out Lessee's Permitted Use under Subsection`2.01,and
unless Lessee fully complies with all federal, state and l6ca.Llays,
regulations, statutes, and ordinances,now in existencear-assubsequeptl'
enacted or amended. `
b. Lessee shall:
(1) Immediately notify State of(i) all spi)Is or Teleases of
Hazardous Substance affecting the Premises.(lii)all failures to
comply with any federal, state,or local law.,reguation or
ordinance, as now enacted erstibsequeratly-enacted or amended,
(iii) all inspections of the;?rerriises byor any correspondence,
orders,citations, or notif°cations front any regulatory entity
concerning Hazardous Substances affecting the Premises, (iv) all
regulatory orders or fines o all reuse or interim cleanup actions
taken by or proposed to be taken briny government entity or
private party con:Cernjpg the Premises;and
(2) On request,provide copies to State of any and all correspondence,
pleadings, and/or reports received by or required of Lessee or
issued or written by)Lessee-or on Lessee's behalf with respect to
the use,use,,presen6AransPpritation or generation of Hazardous
Substances Matted iothe Premises.
c. Lessee shall be full and completely liable to State, and shall indemnify,
defend, and hold`hrmless State and its agencies, employees,officers,and
agents withres +ect ti' ni and all damages, costs, fees (including
attorneys' fees aitd_costs),penalties (civil and criminal),and cleanup costs
assessed tigainsteor imposed as a result of Lessee's use,disposal,
transj,9rtati,pn generation and/or sale of Hazardous Substances or that of
Lessee's employees,agents, assigns, lessees,contractors, subcontractors,
licensees Or and for any breach of this subsection.
6.03 Hazardous CZtnditions. Lessee shall immediately remedy hazardous conditions, and
exercise due diligence in notifying.State and anyone at risk of harm.
6.04 No Wash sse eeshall not commit or allow any waste of the Premises.
J,
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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 irciState's`sole'*,
discretion and only if consistent with state trust land status and the Permitted,Uses, if subleased,
Lessee shall remain obligated and responsible for all actions on the Premisesncluding
compliance with all provisions contained in this Lease. Subleases to public agencies as defined
by RCW 79.17.200 (1)or any nonprofit nature conservancy corporation o nonprofit historic
preservation corporation as defined by RCW 64.04.130, if for conservingf*open'space
purposes,are deemed consistent with state trust land status.
7.02 Assignment. Lessee shall not hypothecate, mortgage, assign, encun bet,transfer, or
otherwise alienate this Lease, or any interest therein, or engagc{nn aryother,tfansaction which
has the effect of transferring or affecting the right of enjoyi-ri&t 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. Assighments to Public agencies as defined by
RCW 79.17.200 (1) or any nonprofit nature conservancy`eprparation ror nonprofit historic
preservation corporation as defined by RCW 64.04.130, if fo eoonserving for open space
purposes,are deemed consistent with state trust land status.
7.03 Assignee/Transferee Obligations. Each permitted assignee, or transferee of Lessee
shall assume and be deemed to have assumed allbligations of Lessee under this Lease.
Notwithstanding any such assignment or transfer,;Lessee_shall be and remains jointly and
severally liable with the assignee or transferee fob`ail t�bigations under this Lease, unless
released, in writing, by State. ' �
SECTION 8 IMPROVEMENTS
8.01 Authorized Improvement . No immrolvement shall be placed on the Premises without
the prior written consent of StateAnd shall be in conformance with any approved Plan of Use and
Development submittedd(to, tate.under.Section 2. Authorized improvements must be listed in
Exhibit 2 or an amendment thereto,or contained in a written Letter of Authorization issued by
State. Unauthorized,i`trtprovemettts shall either be: removed by Lessee without damage to the
Premises,removed by State at"Lessee's expense, or become the property of State,at State's
option.
All improvements ct rrently ori'the Premises belong to State except those authorized
improvements, both.oTIvbicl , if any, are listed in Exhibit 2. Exhibit 2 may be supplemented
with a Letter of Authorization issued by State, for the purpose of authorizing additional
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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 its pre-
improved and natural condition. In the event State elects to have the improvements removed and
Lessee fails to remove the improvements within ninety(90)days, State may have the
improvements removed and the area restored at Lessee's expense.
8.03 Removal of Improvements during Lease. During the term of this Lease,authrized-``
improvements owned by Lessee may be removed by Lessee by submitting.a general plan for
removal of authorized improvements and restoration of the Premises. State will review that plan
and, if acceptable, issue written approval. Lessee shall comply withthe agreed upon terms of the
approved plan. Lessee shall be liable for any and all costs and/or fees(and any and all damage to
the Premises or any improvement belonging to State resulting from,such removal.
/
8.04 State's Repairs. State shall not be required or obligated to make any repairs, alterations,
maintenance,replacements, or repairs in, on, or about t .e Premises,or any part thereof,during
the term of this Lease. ) �I
8.05 Lessee's Repairs,Alteration,and Maintenance. Lesseeshall,at its sole cost and
expense, keep and maintain the Premises and all improvements thereon and all facilities
appurtenant thereto (regardless of ownership) in good order and repair and safe condition for the
conduct of any activities or enterprises carried out on the Premises pursuant to this Lease, and
keep and maintain the whole of the Premises, indiltding all improvements in a clean, sanitary and
attractive condition. Lessee shall maintain at d repair State-owned improvements at Lessee's
s ly
own expense.
SECTION 9 ROADS AND ROAD MAINTENANCE
9.01 Roads Across Premises. I .ssee is authorized,subject to an approved Plan of Use and
Development in accordance with SeetiOn2..t.) Use existing roads on the Premises needed for
Permitted Uses under thiss ase: Lessee may,with written approval of State, construct
additional roads needed ntEhePmises,in accordance with Section 2 of this Lease and subject
to any limitations related to'thcITP as determined by State in State's sole discretion.
Construction and maintenance activities shall meet or exceed Forest Practices Board standards
(Chapter 222-24 WAc),atia`be in conformance with the ITP. Lessee shall comply with the terms
set forth herein when"trsin the roads.
9.02 Access to Premrs . The property may be legally accessed by county and/or state rights-
of-way. Lessee i resjinnsibte for determining the appropriate legal access route that serves the
Permitted Use. 8hciuld the Lessee need alternate access, Lessee must also provide for access by
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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 or 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 e,ost-and expense
damage to a road(s) occasioned by it which is in excess of that which it would cause through ,/
normal and prudent usage of said road(s). Within fifteen(15) days of the darnage,`Lessee shall
meet with State and provide a plan for the repairs.
9.05 Road Maintenance. The cost of road maintenance and resurfacing shall borne by
Lessee unless associated with State's use of the Premises. State and Lessee that
Lessee may make the roads available for public use to carry out the,Permitted Uses and Lessee
accepts all cost and liability associated with any such public us0. State,shall not be required to
perform maintenance and resurfacing work unless it cars be established that such work is needed
as a direct result of State's use of any roads on the Prentiss. Lessee hereby releases, discharges,
and agrees to defend, indemnify and hold State harmless for any and all claims, damages,
liabilities,and causes of action which may arise as a result of thefertnitted Uses or Lessee's use
and control of the Premises. This indemnity is not intended to-3imit the scope or effectiveness of
the indemnity found in Section 11.01, but shalt he in addition to said indemnity.
9.06 Improvements. Lessee shall construct no road improvements without the prior written
consent of State, which shall not be unreasonablywithheltd.,provided 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 Ceit f imp ovements, improvements shall be at
the sole expense of the improver. Aijy i prot n erits'to road areas shall become property of
State upon expiration or termination of the Lease.--'�
9.07 Road Fee. Lessee shall pay arty;bad use-or maintenance fees, including but not limited
to the Access Road Revolving Fund fees established by State.
9.08 Insurance. The pmv}iibns under Subsection 5.04 shall apply to Lessee's use of and to
those authorized by Lesseq to t se the roads and easements authorized herein.
i SECTION°10 DEFAULT AND REMEDIES
10.01 Nonwaiver. Waiver,by'State of strict performance of any provision of this Lease shall
not be a waiver of ridr prejudice state's right to require strict performance of the same provision
in the future or of any` a'her provision. The acceptance of performance, rent,or any other sum
owing, by State fpllbwinga breach by Lessee of any provision of this Lease shall not constitute a
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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 delivered 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 he given in acctrc artce-with.,
this subsection. Any notice or missive given under this Lease shall be sent: i
To State:
Department of Natural Resources `.
Olympic Region
Product Sales& Leasing
411 Tillicum Lane
Forks, WA 98331 j
1
To Lessee: ti\ )
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'undertaking,promise or performance
called for herein, State may cancel this Lea_secaficel ssee has been given thirty(30) days notice
of the breach or default and such breath°or default has�not been corrected within such time.
Upon such cancellation, all improvements on the Demises shall be forfeited and become the
property of State subject only to any previously approved waiver of interest or security interest.
Stare may seek damages for any and volations,9r defaults with or without canceling this
Lease. In the event State deems the,breach of default to constitute a threat to safety, life,or
property it may elect to intervene in inediately and enter the Premises,without notice, to remedy
the breach or default and Lessee hereb agrees°'to repay State for all costs in remedying the
breach or default upon demand,t�togetherwith interest thereon from the date of expenditure at the
rate set forth in this I.eake. Alternatively,state may require Lessee to act immediately to remedy
the breach or default ihottld Statcdeerit-it a threat to safety, life, or property.
(
10.05 Survival. All obligations df4essee to be performed prior to the expiration or earlier
termination shall not cease upon the termination or expiration of this Lease,and shall continue as
obligations until fullyperformed,tAll clauses of this Lease, which require performance beyond
the termination or`expiration date, shall survive the termination or expiration date of this Lease.
However, upon epiration)or,earlier termination of this Lease,the rights of Lessee and of all
Trust Land Transfer Lase"---- 13 of 22 Lease No.60-082211
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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(I0) days written notice to Lessee. State's costs and expense to correct Lessee'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 resort under the
terms of this Lease are cumulative and are not intended to be exclusive of any other remedies Or
means of redress to which State may lawfully be entitled in case of any breach or threatened
breach by Lessee of any provision of this Lease.
SECTION 11 GENERAL PROVISIONS
11.01 Indemnity (Assumption of Liability). To the fullest extent permitted by law, Lessee
shall indemnify,defend and hold harmless State,and all officials, agents and employees of State,
from and against all claims arising out of or resulting foal the performance of this Lease. A
"claim" as used in this Lease means any financial loss, claim,suit, actidn, damage, or expense,
including but not limited to attorneys' fees, attributable for bodily-injury, sickness, disease or
death, or injury to or destruction of tangible property includi g-fos-s"of use resulting therefrom.
Lessee's obligation to indemnify, defend, and hold..harrnless includes any claim by Lessee's
agents, sublessees, employees, representatives,Invitees,.,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 indemnify, defend,and hold harmless State for any
claim arising out of or incident to Lessee's, ublessere's,`'arty contractor's or subcontractor's
performance or failure to perform a contract LesScie's obligation to indemnify, defend, and hold
harmless State shall not be eliminateleorluced byr any actual or alleged concurrent negligence
of State or its agents, employees and officials. Lesseevaives its immunity under Title 5l RCW
to the extent it is required to indemnif defend and hold harmless State and its officials, agents
or employees.
11.02 No Partnership. State is not a'partn r;flor a joint venturer with Lessee in connection
with the activities conducted aid business carried on under this Lease, and State shall have no
obligation with respect to Lessee's debts or other liabilities.
11.03 Authority
State's Authority. this Lease is entered into by State pursuant to the authority granted under
Washington Laws of 2008,Ch. '328 Section 3042, by statute and the Constitution of the State of
Washington, and the States.Enabling Act. The terms and conditions hereof are subject to such
statutory and constitutional provisions as may be now in effect and such provisions which do not
impair the contra,�'tqal rights'of Lessee under this Lease that may lawfully be enacted subsequent
to the date of thikLease prbvlded that State may interfere with Lessee's contractual expectations
Trust Land Transfer Lease 14 of 22 Lease No.60-082211
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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 notified
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 must.necessarilybe "k
disturbed or destroyed in the process of carrying out the operations allowed by.this Lease must
be adequately referenced and/or replaced in accordance with Chapter 58.09 RCW. Such
references and replacements must be approved in writing by State prior to removaL.of said
corners, reference points or monuments.
11.05 Condemnation. If all of the Premises are taken by any public;au oh rityfunder the power
of eminent domain, this Lease shall terminate as of the date possession is taken: y said public
authority pursuant to such condemnation. If any part of the Pretttises is,so taken and, in the
opinion of Lessee, it is not feasible to continue this Leas,e,thentesseemay terminate the Lease.
Such termination shall be made by notice to State given'noi later than thirty(30)days after
possession is so taken, the termination to be effective as\of the later of thirty(30)days after said
notice or the date possession is so taken. No refunds or prorations-on sums paid or due will be
made. All damages awarded for the taking or damaging of alor-anYIpart of the Premises shall
belong to and become the property of State, and'Lessee hereby disclaims and assigns to State any
and all claims to such award.
State will not claim any interest in any award for-personal-property belonging to Lessee or for
Authorized Improvements then belonging to Lessee. 5tate.will not claim a share of any award
made to Lessee for moving expenses. f /
•
Lessee shall not exercise any powers of eminent domain that Lessee might otherwise be entitled
to use against State or the Premises, unless Lessee'calculates the fair market value of the
Premises absent the encumbrance of this_tease.
11.06 Time of Essence. Time is expr'"essly declared to be of the essence of this Lease and each
and every covenant of Le see.hcrea.tnderjhis Lease shall not be valid unless mutually executed
on or before June 30, 2009,unless otherwise approved by the Legislature.
11.07 Lease Changes and Adtht ons, Any changes or additions to this Lease or the attached
exhibits shall be made in wining, xecuted by the parties hereto, and neither State nor Lessee
shall be bound by erbal or implied agreements.
11.08 Entire AgrTinenr This written Lease or its successor or replacement contains the
entire agreement,bf,the parties hereto with respect to the matters covered hereby,and no other
agreement,statement.or r
g prOmrse made by any party hereto, or to any employee, officer or agent
Trust Land Transfer fuse . 15 of 22 Lease No.60-082211
Ell 11111111111 MI III I
11 ,53,4.4142f
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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 fullest,:extent
,
permitted by law. ' ; `
11.10 Discrimination. Lessee shall not conduct or suffer any business or activit upon the\
Premises which unlawfully discriminates against any person on the basis of race.color, c t ,
religion, sex, age,or physical or mental handicap. % .
11.11 Exhibits. Any exhibit attached hereto shall be deemed a part of this a rectrien and
incorporated herein by reference.
( ( ) )
Signed this day of -37 ,A-e ,20O9 .
JEFFERSON
c , , f
r as to formc: -
4,) ,I S!patine cc) , \A'
P ed VaTe
:,r:;on Co. prosecutors ,ie
Signed this 2_-- day of , �� 0 49.
�,��,�� S1c'I'E OF WASHINGTON
sT�. �. ,k � ,°' ._;� DEPARTMENT OF NATURAL RESOURCES
..r_o.... *..:.0. 14 c C-, ) )
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`� ".�, L l' Ll� Alt
ti4`�; 'TWA ..• 4 t Commis.' ublic Lands
: t Form,
prov `,
y Pamela W. : eger. ..--'.-,,\ '
Assistant Attorney(i9iier °)
Lose
Trust Land Transfer 1 se , 16 of 22 Lease No.60-082211,
-.I-1 (_ ..,
4
(5,0:4 2009f 0334434
,
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 h, V► b. tyt, I U .. , to me known
to be the CL R al 8d that executed the foregoing instrument and
acknowledged the sai nstrulr ;t�I
tint to be the free and voluntary act and deed of said \s„, �`°,
avit, e pmtt,, for the uses and purposes therein mentioned, and on oath-stated hatthe
was author. ed to execute the said instrument.
WITNESS my hand and official seal this �`�day of ,,t3 Ik hQL_ •, { , .0.07 . }
1
,;�;tci�e�,,,,, t ' 4,, Notary Publicjin(and forthe St to of C
. v-�i �as�,px eiv,t„4 Washingtonfig ,residing P_
.� v .. . t0. ;: At cRM9 ,c".'- 5;119
N J w�/e1�c. 7ze ` M appointment expires _ oQ/1/
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Trust Land Transfer Lase 17 of 22 Lease No.60-082211
i
544434
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I III
Jefferson County Rud STATE OF WASHINGTON LEASE 64.00
COMMISSIONER OF PUBLIC LANDS
STATE OF WASHINGTON )
) ss.
COUNTY OF THURSTON )
On this PPL day of ,...1_.. ,2039 ,personally appeared before me Peter
Goldmark, the duly elm d,qualified and acting Commissioner of Public Lands, Star 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 act eed`of
the State of Washington,for the uses and purposes therein mentioned, and on oathstated`that he,
was authorized to execute said instrument and that the seal affixed is the official-seal`tffthe ,' ,/
Commissioner of Public Lands for the State of Washington.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my.offidial,sea to the day
and year first above written. _ }
ji.,1"-14-- 11.4), , ,
,-?b. k 1'0, ° tip# Notary Public in ari''d for the State of Washington,
Q" ' :oi d" S residing at 1 '1 } +r
og Q - !`` My appointment expires l `1 "�l�
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Trust Land Transfer Le se / 18 of 22 Lease No.60-082211
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I 1111111111111111101 111 1 11 �g4.4204
Pn : of3�t 23
06/29/2009 03 12P
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-Meridian )
Jefferson County, Washington, EXCEPT the north 330 feet thereof, as shown-and described b r°
that Record of Survey recorded January 11, 1996, in Book 17 of Surveys ai Pages123428, under
Auditor's File No. 387842, Jefferson County records. , �
K-
( C ) )
V
/ /
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i
Dennis J.Gelvin, PLS(360)902-1674
Land Description& R/W Specialist'i
State Land Survey Unk-"',„ �--
PO Box 47060 --"' '`` /
Olympia, WA 9850.4'4060 °\
J
Trust Land Transfer Lease- ,< 19 of 22 Lease No. 60-082211
�,4 { - �
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1111111111111111111
Page: 21 Of 23
El { 06l29f2009 03:12P
Jefferson County Rud STATE OF WASHINGTON LEASE 64.00
EXHIBIT 1B
(As referenced in Introductory)
Q11XM.PER PENINSULA EAST
TRUST LAND TRANSFER SFER LEASE
Encumbrances
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Those encroachments in the northeast corner and the northwest corner of said fsection as shown`",
and described by that Record of Survey recorded January 11, 1996, in t3oolc,`16..of Surveys a)
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Pages 123-128,under Auditor's File No 387842, Jefferson County record ( )
No other encumbrances of record. m,.--e ., ,,,
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There may be addition eneurnbranice
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al s that presently do not show on the records of the State of
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Washington, such as culturat sites or endangered species. Encumbrances change over time.
Lessee is responsiblee io perforimtheir own due diligence in matters where Lessee needs a
complete and cur-realist of encumbrances.
Trust Land Transfer 1<'ese / 20 of 22 Lease No,60-082211
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Pass5444: 22 cif 4,3
06/29/2009 03:12P
Jefferson County Aud STATE OF WASHINGTON LEASE 64.00
EXHIBIT IC
(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 speci covered in the)
ITP that are discovered within the leased Premises covered by the F P;including,but
not limited to: locations of occupied murrelet habitat; spotted owl lent sites;)wclves;
grizzly bears; nests,communal roosts,or feeding concentrations c f bald eagles;peregrine
falcon nests; Columbian white-tailed deer;Aleutian Canada geese,-and Oregon silverspot
butterflies. In all circumstances notification must occur within. vcnty`-four(24)hour
time period. i
2. Upon locating any live, dead, injured, or sick specimens of anylisteclspecies covered by
the ITP within the leased Premises, Lessee shal i niediately`notify State. In all
circumstances notification must occur within a,weinty-four{24)}hour time period. Lessee
may be required to take certain actions to help tate safeguard the well being of any live,
injured or sick specimens of any listed species diseuvere ",until the proper disposition of
such specimens can be determined by State. Lessee may*required to take certain
actions to preserve biological material in the_best possible state for handling any dead
specimens.
3. Lessee shall refer to ITP number PRT-812521,,,(a copy of the ITP is located for reference
in any of State's region offices)and P(RT:Viti58 irrall correspondence and reports
concerning Permit activities. r / (
4. All applicable provisions of the ITP aridthis-schiedule must be presented and clearly
explained by Lessee to all authorized officers, employees, contractors,or agents of
Lessee conducting authorized actiVities,on the Premises. Any questions Lessee may have
about the ITP should be directed to Slag.
5. Lessee shall notify-state'of anyno-umber activity in order to allow State to determine
its obligation to provide'"information related to non-timber activities to the United States
Department of the Interior, Fish and Wildlife Service and Lessee shall provide any
information requtred,by State that State is required to submit to the United States
Department 4ifrile Interior, Fish and Wildlife Service under the ITP, Condition L.
Trust Land Transfer Lease— 21 of 22 Lease No.60-082211
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Page: 23 of 23
06/29/2 09 03.12P
Jefferson County Aud STATE OF WASHINGTON LEASE 64.00
EXHIBIT 2
(As referenced in Section 8.01)
QUIMPER PENINSULA EAST
TRUST LAND TRANSFER LEASE
Authorized Improvements \ F
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All improvements currently on the Premises belong to State.except: ,_
None.
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The following improvements are hereby authorized to be laced by Lessee upon th Premises:
None. (
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Trust Land Transfer e 22 of 22 Lease No. 60-082211
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