HomeMy WebLinkAboutWashington Department of Natural Resoures Quimper West - 112023 1;14INGi`N\
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fATURAL
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. 60-082210
(hereafter "Lease") of the following state owned lands managed by the State of Washington
Department of Natural Resources (hereafter"State"):
LEASE AREA DESCRIPTION:
The SE 1/4 of the S W 1/4 and the S W 1/4 of the SE I/4 of Section 32, Township 31 North, Range 1
West, Willamette Meridian, Jefferson County, Washington, according to U.S. Government
subdivision procedures,
TOGETHER WITH
Lots 1,2,3,4 and 5 of Block 72 of the Supplementary Plat of Captain Tibbals Lake Park,according
to the plat thereof recorded in Volume 2 of Plats at Page 3,records of Jefferson County Washington.
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. 02-102694,
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.
Lease No.60-082210 ! of 3 Surrender of Leasehold
EI1-23-079
Dated this gOI day of K 20 ?3
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson Coun. , Washington
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By: j ►
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G erg Brotherton, Chair Date
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ATTEST: i
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Carolyn lallaway, CMC, Date
Clerk of the Board
Approved as to form only:
C
November 9, 2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Lease No.60-082210 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. 60-082210 be
canceled effective as of the Closing Date of the transfer of the Lease Area under State Purchase
and Sale Agreement No. 02-102694,and the records of the Commissioner of Public lands be so
noted.
Dated this %)(.4‘``. day of___IetieLAWLSO , 20
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
ltt-f3e�'iarnrt� air* weAts
Arefirtg Olympic egion Manager
Lease No.60-082210 3 of 3 Surrender of Leasehold
615 Sheridan Street
Port Townsend, WA 98368
�elehson www.JeffersonCountyPublicHealth.org
Public Healt Consent Agenda
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: blv'C1-•o-er 7c)/ ZOZ
SUBJECT: Agenda item — Surrender of Leasehold Between the State of Washington Acting
Through the Department of Natural Resources and Jefferson County: Quimper
West
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 West
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
Jefferson County is presently the lessee under State Lease No. 60-082210 of the Quimper West property.
The State intends to transfer to the County the fee interest in the Lease Area under State Purchase and Sale
Agreement No. 02-102694, 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 (Lessee) 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 West
REVIEWED BY:
////3/Z-3
Mark McCauley, ty 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-23-079
CONTRACT REVIEW FORM I Clear Form J
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: WA Dept of Natural Resources Contract No: EH-23-079
Contract For: Leasehold Surrender-Quimper West 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 1: DEPARTMENT CERTIFIES CO ANCE . CC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: fl N/A: G`. �� .•/' Nov. 9, 2023
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEB D BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ri N/A: Ill
fr Lei Nov. 9, 2023
Signature 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
Ill Page44436: 1 of 23
0009 03.12P
Jefferson County Aud STATE OP irgSHINGTON LEASE EASE 84.00
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
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Document Title: TRUST LAND"1RANSFER'LIASE, 1
1.F ) 1
Grantor: STATE OF WASHINGTON,acting bby'and through the
Department of Nat ratRe'sources�
Grantee: JEFFERSON COON Y,Washington
y -
Legal Description: Portions of Section 32,\hctwnS1 ip 31 North,Range 1 West,
W.M.,Jefferson County, Washington
(Full legal in ttached Exhibit 1A)
Assessor's Property Tax
ParceUAccount Number(s): 10133302
! 1 ^
Reference Number(s)of
Documents assigned or
released: WA-7
, r`
Lease No.60-082210 ilrl `Pinsula West TLT
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IIIIIIIIII 1111
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06 29 20Q
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
Ir XC
P.O.Box 47014 E?REAL ESTATE
Olympia,WA 98504-7014
E EA REQUIRED
JEFFERSON N v 1'f31 gSURER
BY:
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WASHINGTON STATE DEPARTMENT OE ,`
Natural Resources
Peter Goldmsrk-Commissioner of Public Lanri
QUIMPER PENINSULA WEST r
TRUST LAND TRANSFFA )
Lease No. 60-082210 \ _
BY THIS LEASE, issued under the authority of Washington L.Aws`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 County Washington,the legal description(s)of
which is set forth in Exhibit 1A,attached hereto and-incorporated herein by this reference and
the encumbrances, if any,of which are set forth ih Exhibit,4B,attached hereto and incorporated
herein by this reference. This Lease ts.madeiupap the teilos and conditions and for the
consideration enumerated herein.
SECTION 1 'OCCUPANCY
1.01 Lease Term. T is Lease is'ettectiviaSpof the date of signature by State and shall expire
in fifty(50)years,on
1.02 Condition a rinses. "1'ak'ing}ossession of the Premises by Lessee shall constitute
acknowledgment by LiSsee.that the,Prcmises are in good condition and that the Premises are in
all respects suitable'for the Permitted in Section 2. State has no obligation to make any
repairs,additions,or improements thereto and expressly disclaims any warranty that the
Premises are suitable for subh Permitted Use(s). Lessee agrees to maintain the Premises in at
least as good a condtti_on as the Premises are received,and allow no degradation of the Premises
and natural resource's hereon.
Trust Land Transfer L6sc.._--f' 1 of 22 Lease No.60-082210
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it'll ill Page 3 at 23
6123f 20QH 03 12P
Jefferson County Aud STATE OF LIASHINGTON 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 usC(s)ifor publa benefit:
fish and wildlife habitat,open space, or recreation. Lessee may also requestaltemative uses of
the Premises that are compatible with the original intended public purposes.provided such uses
are approved by State,and by the Legislature of the State of Washington, t lessee's sole
expense.
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2.02 Plan of Development. Lessee shall not make any improvements to tior modify the
Premises without submitting ninety(90)days in advance to State its' eneral plan for the use and
development hereinafter called"Plan of Use and Development",of the Premises seeking State's
consent to the uses and development proposed in the plan 'State will review the plan and provide
comments within ninety(90)days of receipt,with State's revievv primarily focusing upon
consistency with the Permitted Uses and the Habitat Conservation-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 aled.upon terms of the approved Plan of Use
and Development.The plan shall include, as appropriate,the following:
1, A map showing the areas and=acreage to be developed along with the location of
improvements;
2. Changes in use that may-occur as a result of the Lessee's management of the
Premises pursuant to a plen of development;
rf s
3. Timber harvest, land clearing'and grading plans with acreage figures;and
4. An estimated total cost of improvements.
Any Plan of Use and Dev. lgptent 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 theePremises during and at the end of the Lease term shall be the sole
responsibility of Lessee.
•
Trust Land Transfer Lee.. i 2 of 22 Lease No.60-082210
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Pa94e
0812412009 03 12P
Jet ferson County Aud STATE OA WASHINGTON LEASE 84.00
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 of
Premises,the following shall apply:
i
1. State may make inspections during construction. [ —
2. State shall make a final inspection of the completed project and';ifacceptable,
shall issue its written acceptance.
State's approval or disapproval of any plans,specifications, impro'er cents or completed projects,
al
shall not obligate or render State liable in any way. _
/
2.04 Limitations on Use. The following restrictions'shall apply to use of the Premises:
1. Lessee shall conform to all applicable laws,rules,regulations,permits, orders,or
requirements of any public authority affecting the-Premises and the use thereof
and shall bear, at Lessee's sole expense,any ebsts-of such 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'br-gravel.unless Lessee has received State's
prior written approval and made,arraogeints to compensate State for the value
thereof. All timber, forest prdcts 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 and disease,and make every effort to report and
suppress such fires,and report outbreaks of insects and disease as may occur; b)
protect the Premises frono.asset value losses due to vandalism,garbage dumping,
resource theft or other illegal activities;and c)protect the Premises from damage
to soils.water quality,plants,animals or other elements of the forest environment.
If necesia4 to control such negative effects,Lessee shall close, limit,or redirect
public access,at Lessee's reasonable discretion. Lessee's regulation of activities
on the Premises shall be consistent with applicable law and the Plan of Use and
Development,,.
4. Lessee-Shall not 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.60-082210
4,
11111101\11Millutillitr;u9 23:12P
J+4rrsrson Cauntx Mud STATE OF ARSHSNOTOk
Lessee shall not allow any activities
5. on the Premises that adversely impact thet.iwMSECO
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 ICPcdated
January 30, 1997,and any amendments to said permits and agreement(Collectively ITP'),
which are incorporated herein by this reference. As long as the HCP remains in.e€fec essee
and all persons acting under Lessee shall comply with the ITP and notify State if.ncw!ccatians
of permit species are identified or upon locating dead,injured,or sick individualpecies as lore
specifically set forth in Exhibit 1 C while operating on the Premises. State It ll-have the right/to
modify these terms and conditions from time to time to comply with the l P,,.the Endangered
Species Act,the implementing regulations,and amendments thereto, or the,regtrire ip ents of the
federal agencies administering these laws. In conjunction with any Plan-ef,Use.and`-,,,,
Development submitted to State under Section 2.02 of this Lease, Less -.shall,provide; ny
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 to prov`de any information about the
Permitted Uses in order to comply with the ITP,Lesse `shall ccopern and promptly provide all
information required in the time requested by State.
SECTION 3 PAYMENT— .'
3.01 Consideration. Under the authority of;an tvcompliance with Washington Laws of
2008,Ch.328,Section 3042,the State of Washingtoni,DeOrtrnent of Natural Resources Trust
Land Transfer Program has been authorized to'eriterinto this Lease following deposit of a one
time,lump sum payment,representing the far market value of the Lease as appraised,of NINE
HUNDRED EIGHTY-FIVE THOUSAND DOLLARS($985,000),from the State Building
Construction Account to the Common SchoolConstrruction 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 witlt-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 Lessee during the initial fifty 0)year lease term,
3.02 Option to Purchase the Re,naiudcr of the Fee Interest. At any time during this Lease,
Lessee may request to rciase pu the residual value of the fee interest by submitting an offer to
accept a land transfer hat contains tthe terms and conditions of the offer. If State determines the
offer reflects the fairmarket value-of the residual fee interest at the time submitted,then State
may accept the offel-if terms'and c,�c nditions acceptable to State,pending approval of the
Board of Natural Resources.- ate,upon payment in advance by Lessee of appraisal costs,will
obtain a current appraisal'hicl will determine the balance owed State to buy out the residual
value of the fee interest andacgixire all interest in the property identified in Exhibit 1 A. To be
acceptable to State.rthe appr sal must reflect a current higher and better use that is equal to, or
exceeds,the use as'orj,inaIlyappraised. The terms and conditions of the offer must include a
Trust Land Transfer lease 4 of 22 Lease No.60-082210
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06/29I 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, 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 associatedy th a
change in a use or development of the Premises, including but not limited to peits. lieenses,
construction,or reconstruction shall be the sole responsibility of Lessee. In addition,Lessee
shall pay all costs and fees incurred by State which are associated with any,cbangge in use or'
review or monitoring of any development requested by Lessee and authorised by Stater 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 Premises at all reasonable times to determine
and secure compliance with this Lease. Failure to inspect or enforce;compliance shall not be
construed as a waiver of State's right to declare a bread, nbc relieve Lessee 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.
4.03 Resource Disposal. Mineral rights atddthcr'valuable materials including timber,rock,
sand and gravel,shall continue to be managed by and'he 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 ofa Plan of Use and Development pursuant to Section
2.02,and in the event a timber saleris approi,pdifor the Premises that is consistent with the
Lessee's use of the Premises;State shall be entitled to the revenue from any such sale unless
otherwise agreed and apprtved h 'the Board of Natural Resources. State shall distribute any
revenue accruing from resource disposal to the appropriate trust,as presently specified at
Chapter 79.64 RCW,o,ias may hereafter be designated by the Legislature.
SECTIONS ASSESSMENTS,TAXES, INSURANCE
5.01 Assessments Lessee shall pay all assessments that may be charged against the Premises.
Lessee obligations under t'hiS;subsection are not limited to assessments relating to the
encumbrances(if any)listed in Exhibit 1 B of this Lease, but extend to all assessments that may
Trust Land Transfer Lease 5 of 22 Lease No.60-082210
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06d29F2009 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 stttue.
Lessee shall pay all federal, state and local taxes including, but not limited to,personal property
tax and excise tax, if any,that may be charged against the Lease and improvements located cm
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 imnfediately 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 at-its costand 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 States Option.
All insurance and surety bonds should be issued by companies admitted to do business within the
State of Washington and have a rating of A-,Class VIl orretter in the Most recently published
edition of Best's Reports. Any exception shall be reviewed and approved by State's risk
manager before this Lease is accepted. If an insurer is nct admitted, ail 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 cancellation or of any insurance
referred to therein, in accord with the followinspecificatiozis:
a. Insurers subject to Chapter 48\1$. .0 r (admitted and regulated by the Insurance
Commissioner): The insurer shall give S ate forty-five(45)days advance notice
of cancellation or non-renewal. If cancellation is due to non-payment of
premium, State shall be~given'ten(Ill)days advance notice of cancellation.
b. Insurers subject to Chapter 48.15 RCW(surplus lines): State shall be given
twenty(20)days advance—nonce of cancellation. If cancellation is due to non-
payment ofpreirin1T4 State shall be given ten(10)days advance notice of
canccllatjon
Before starting work Lessee shall 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 numberjound't n,the'front page and footer of this Lease.
Lessee shall ineindc all contractors and subcontractors as insured under all required insurance
Trust Land Transfer Lease 6 of 22 Lease No.60-082210
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Jefferson Counts, 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 otherinsurance
or self-insurance programs afforded to or maintained by State.
t w
Lessee waives all rights against State for recovery of damages to the extent these damages are
covered by general liability or umbrella insurance maintained pursuant to this Lease.
If Lessee is self-insured, evidence of its status as a self-insured entity shall be provided to State.
If requested by State,Lessee must describe its financial condition and the self-insured funding
mechanism.
By requiring insurance herein, State does not represent;thalt coverage and limits will be adequate
to protect Lessee and such coverage and limits shall no't litnit Lessee's lability 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(CGL)insurance covering claims for bodily
injury,personal injury,or property damage arising on the premises and/or out of Lessee's
operations and,if necessary,commercial umbrella i:nsuriince with a limit of not less than
$1,000,000 per each occurrence. If Such CGL insurance 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;.iirnitofat`least two times the"each occurrence"limit.
CGL insurance shall be written on (nsurance=Se'rvices Office(ISO)occurrence form CG 00 01
(or a substitute form providing equivalent-coverage). All insurance shall cover liability arising
out of Premises,operations,'independent contractors,products completed operations,personal
injury and advertising injury,and'liability assumed under an insured contract(including the tort
liability of another party assumed in a business 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 limits nut less than $1,000,000 each accident for bodily injury by accident or
$1,000,000 each puiployee for bodily injury by disease.
Trust Land Tra sfet Le°tse__.�' 7 of 22 Lease No.60-082210
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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' comnsation,
employer's liability,commercial general liability,or commercial umbrella liability insurance.
If Lessee,contractor,subcontractor or sub-subcontractor fails to comply with all State pf
Washington workers' compensation statutes and regulations and State incurs fines or is required
by law to provide benefits to or obtain coverage for such employees, Lessee shall indemnify-,.>'
State. Indemnity shall include all fines,payment of benefits to Lessee,contractor or
subcontractor employees,or their heirs or legal representatives,and the cost affecting
coverage on behalf of such employees.
Business Auto Policy. ( ) ,'
Lessee shall maintain Business Auto Policy(BAP) liability and, if necessary, ommercial
umbrella liability insurance with a limit not less than$1,000,,f1f1O per accident. Such insurance
shall cover liability arising out of"Any Auto."BAP coverage shall be written on ISO form CA
00 01,or substitute liability form providing equivalent coverage. Ifnecessary,the policy shall be
endorsed to provide contractual liability coverage and cbiver a"coveredf pollution cost or
expense"as provided in the 1990 or later editions of CA 00.01, Lessee waives all rights against
State for the recovery of damages to the extent they are coveredl'v BAP liability or commercial
umbrella liability insurance.
SECTION 6 -MANAGEMENT
6.01 Weed Control. Lessee shall control a U weeds i eluding but not limited to county, state
or federally listed noxious weeds,on all lands under-this 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?
f
6.02 Deleterious,Hazardous,Toxic,or HOInful Substances.
1. Deleterious Material,, Lessee''shall not make,or suffer to be made,any filling in
of the Premisr any deposit of rock,earth, ballast,refuse,garbage,waste
matterichemical,biologu al or other wastes,hydrocarbons, any other pollutants,
or other matter within or upon the Premises, except as approved in writing by
State. If1.essec fails to remove all non-approved fill material,refuse,garbage,
wastes r any'other 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 co i of removal and disposal.
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2. Hazardous.Toxic,or Harmful 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 e
necessary to carry out Lessee's Permitted Use under Su section. .Ol and
unless Lessee fully complies with all federal, state and lo`cal-laws,
regulations,statutes,and ordinances,now in existence oriS-subsequeptly
enacted or amended. I <e `, 1 ", ,
b. Lessee shall: 4,
(1) Immediately notify State of(i)all spills or re eases orany
Hazardous Substance affecting the'Pten ises, ii)al1 failures to
comply with any federal,state,,or,local laau s-reelation or
ordinance,as now enacted,4ras_ ubsequent'ly enacted or amended,
(iii)all inspections of the;Pr mises by or any correspondence,
orders,citations,or notifications from\Fan}regulatory entity
concerning Hazardous Su`lstances affecting the Premises,(iv)all
regulatory orders or fines or alresportse or interim cleanup actions
taken by or proposed to be taken by any government entity or
private party concerning the Premises;and
(2) On request,provide copies to State of any and all correspondence,
pleadings,andior reports;rec Ved by or required of'Lessee or
issued or written b:./1_,e seer on Lessee's behalf with respect to
ce.the use.pzesen tfanspnrtation or generation of Hazardous
Substances related to the 'remises,
c. Lessee shall bte fully aid co completely liable to State,and shall indemnify,
defend,and hal armless State and its agencies,employees,officers,and
agents with risccrt to`)any and all damages,costs,fees(including
attorrle'ys'fees*Ix*,costs penalties(civil and criminal),and cleanup costs
assessed'againse or-imposed as a result of Lessee's use,disposal,
trans rtatioll,generation ration and/or sale of Hazardous Substances or that of
7Le ee's emploiye ,agents,assigns, lessees,contractors,subcontractors,
lic ees or'irtvitees,and for any breach of this subsection.
6.03 Hazardous Conditions,, Lessee shall immediately remedy hazardous conditions,and
exercise due diligen -in.:rtotifying State and anyone at risk of harm.
6.04 No Waste. Lessee,shall not commit or allow any waste of the Premises.
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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 in State's sole
discretion and only if consistent with state trust land status and the Permitted Uses. If;a-leased.
Lessee shall remain obligated and responsible for all actions on the Premises,,including
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 or nonprofit,.historu.
preservation corporation as defined by RCW 64.04.130, if for conserving-for open space
purposes,are deemed consistent with state trust land status.
7.02 Assignment. Lessee shall not hypothecate,mortgageLassip,encumber,transfer,or
otherwise alienate this Lease, or any interest therein,or ettgagc-'in any other transaction which
has the effect of transferring or affecting the right of enjoyment of the Premises,without the
prior written approval of State,which approval shall be inState's sole discretion and if consistent
with state trust land status and the Permitted Uses. Assignments to public 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 for-on-Serving 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 irobligations of Lessee under this Lease.
Notwithstanding any such assignment or transfer,Lesseeshall be and remains jointly and
severally liable with the assignee or transferee,for all obligations under this Lease,unless
released, in writing,by State.
SECTION 8 -IMPROVEMENTS
8.01 Authorized Improvements.. No improvement shall be placed on the Premises without
the prior written consent o State'and shall..be in conformance with any approved Plan of Use and
Development submitted to State`under Section 2. Authorized improvements must be listed in
Exhibit 2 or an amendment l:hereto, Or contained in a written Letter of Authorization issued by
State. Unauthorized"inprovetnents 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 currently.on the Premises belong to State except those authorized
improvements,b6th of witch,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 improvet'lents from
the Premises at Lessee's sole cost,and the affected portion of the Premises restored to,it's pre-
improved and natural condition. In the event State elects to have the improvi ments.xemoved 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,authorized
improvements owned by Lessee may be removed by Lessee by submitting a generahplan for
removal of authorized improvements and restoration of the Premises.,.State4wtll review that plan
and,if acceptable, issue written approval. Lessee shall comply with"the-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 rerhoval.
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 the Premises.or any part thereof,during
the term of this Lease.
8.05 Lessee's Repairs,Alteration,and Maintenance. Less eshall,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,iticltiding all improvements in a clean, sanitary and
attractive condition. Lessee shall maintain and re tairStatte-owned improvements at Lessee's
own expense. E
SECTION 9 ROADS AND ROAD MAINTENANCE
9.01 Roads Across Premises. Lessee is authorized,subject to an approved Plan of Use and
Development in accordance with Sctiort 2 ouse existing roads on the Premises needed for
Permitted Uses under this-tease. Lesseemay, with written approval of State, construct
additional roads needed,on the,Premises,in accordance with Section 2 of this Lease and subject
to any limitations relaj.ed to thelTP 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)and be In conformance with the ITP. Lessee shall comply with the terms
set forth herein when using the road,
9.02 Access to Premises. The property may be legally accessed by county and/or state rights-
of-way. Lessee iS resporis bac for determining the appropriate legal access route that serves the
Permitted Use. Should 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 shalt 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 cost and expense
damage to a road(s)occasioned by it which is in excess of that which it wo lcIcause through %
normal and prudent usage of said road(s). Within fifteen(15)days of the damage,Les See shall
meet with State and provide a plan for the repairs.
9.05 Road Maintenance. The cost of road maintenance and resurfacing shall be borne by
Lessee unless associated with State's use of the Premises. State and Lessee`)cknowledge that
Lessee may make the roads available for public use to carry out the Per'm.ittedU ses and Lessee
accepts all cost and liability associated with any such public use. State-shall not be required to
perform maintenance and resurfacing work unless it can be establisheel,that such work is needed
as a direct result of State's use of any roads on the Premises. Lessee;hereby releases,discharges,
and agrees to defend,indemnify and hold State harmless foienv and all`claims,damages,
liabilities,and causes of action which may arise as a result ofthe1'ennitted Uses or Lessee's use
and control of the Premises. This indemnity is not intended to ltiiit the scope or effectiveness of
the indemnity found in Section 11.01,but shallsbe'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 unreasonably withheld provided that State may withhold
consent for any road improvements that could a,ffdci:Stet 'ts future compliance with the ITP.
Unless the parties agree in writing to share the uc tsof improvements,improvements shall be at
the sole expense of the improver. Any improvements to road areas shall become property of
State upon expiration or termination of the Lease.
9.07 Road Fee. Lessee shall pay any-road use or maintenance fees, including but not limited
to the Access Road Revolving Fund fees established by State.
9.08 Insurance. The*visions under-Subsection 5.04 shall apply to Lessee's use of and to
those authorized by lessee to use the roads and easements authorized herein.
'SECTION .I DEFAULT AND REMEDIES
10.01 Nonwaiver Waiver-by Mate of strict performance of any provision of this Lease shall
not be a waiver of, nor prejudice State's right to require strict performance of the same provision
in the future or of ally other provision. The acceptance of performance,rent,or any other sum
owing,by State following a 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 deliveredby
hand or five(5)days after deposit in the United States mail with first-class postage-fixed,..
addressed as noted below. Changes of address shall immediately be given in accordance with
this subsection. Any notice or missive given under this Lease shall be sent. -'
To State:
Department of Natural Resourcesw.
Olympic Region / ,
Product Sales&Leasing ( ) i.
411 Tillicum Lane ' - I
Forks,WA 98331 /
--
To Lessee:
\ ,
Jefferson County ,
Office of the County Administrator
1820 Jefferson Street
PO Box 1220 e '
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.Lease after Lessee has been given thirty(30)days notice
of the breach or default and such breach.prdefault has riot been corrected within such time.
Upon such cancellation, all improvements on the Pieinises 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 violations`or defaults with or without canceling this
Lease. In the event State deems the beach or default to constitute a threat to safety,life,or
property it may elect to intervene itrlmediatef y,and enter the Premises,without notice,to remedy
the breach or default andLesSee herebyagrees to repay State for all costs in remedying the
breach or default upon demand,togetherwith interest thereon from the date of expenditure at the
rate set forth in this Lea . Alternatiely.State may require Lessee to act immediately to remedy
the breach or default,should State deem it a threat to safety, life,or property.
10.05 Survival. All obligations ofl..essee 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 fullyperfor ned All clauses of this Lease,which require performance beyond
the termination or expiration'late,shall survive the termination or expiration date of this Lease.
However,upon expit~atioujorearlier termination of this Lease,the rights of Lessee and of all
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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(10) 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 mayresort.underihe,
terms of this Lease are cumulative and are not intended to be exclusive of any other remedies c r
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 e;;ftent 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 from the performance of this Lease. A
"claim"as used in this Lease means any financial loss,Jlaiin suit,action,damage,or expense,
including but not limited to attorneys' fees, attributable for bodilfinjury.sickness,disease or
death,or injury to or destruction of tangible property includiniloiS of use resulting therefrom.
Lessee's obligation to indemnify, defend, and hold harmless includes any claim by Lessee's
agents, sublessees,employees,representatives,`invitee ,.licensees,permittees, contractors or any
subcontractor or their employees,and any other persons.eritering the Premises pursuant to the
Permitted Uses. Lessee expressly agrees to indeinnify,defend,and hold harmless State for any
claim arising out of or incident to Lessee's, sublessee's,any contractor's or subcontractor's
performance or failure to perform a contract.':Li s4ee's obligation to indemnify,defend,and hold
harmless State shall not be eliminated or reducedkbyiny 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,.defettd:and hold harmless State and its officials, agents
or employees.
11.02 No Partnership. State is not a partner nor a joint venturer with Lessee in connection
with the activities conducted-and business carded on under this Lease,and State shall have no
obligation with respect to Lssee's debtaor other liabilities.
11.03 Authority
State's Authority. 1 his'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 State's 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 contractual rights tlf Lessee under this Lease that may lawfully be enacted subsequent
to the date of this Lacc provided that State may interfere with Lessee's contractual expectations
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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-reresta<blished
by a licensed land surveyor in accordance with the United States General Land 3ff c standards
at Lessee's expense. Corners and/or reference points or monuments that rnustrieccssarilylie
disturbed or destroyed in the process of carrying out the operations allowed by this pease must
be adequately referenced and/or replaced in accordance with Chapter 58.09 I.CW. Such
references and replacements must be approved in writing by State prior to removal,f:said
corners, reference points or monuments.
11.05 Condemnation. If all of the Premises are taken by any publi4 authority under the power
of eminent domain,this Lease shall terminate as of the date possessionis tal en by said public
authority pursuant to such condemnation. If any part of the Premisessso..taken and, in the
opinion of Lessee, it is not feasible to continue this Lease,then Lease may terminate the Lease.
Such termination shall be made by notice to State given ribt later than thirty(30)days after
possession is so taken,the termination to be effective as.ofthe later ofthirty(30)days after said
notice or the date possession is so taken. No refunds or orationti en-sums paid or due will be
made. All damages awarded for the taking or damaging of asrany part 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 ers nal-property belonging to Lessee or for
Authorized Improvements then belonging to,Lessee.. State•wiIl not claim a share of any award
made to Lessee for moving expenses. _,
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/Lease.'
1 r'
11.06 Time of Essence. Time is expressly declared to be of the essence of this Lease and each
and every covenant of Lessee hereunder,---This Lease shall not be valid unless mutually executed
on or before June 30,2009,unless otherwise approved by the Legislature,
11.07 Lease Chao, es`and Additions. Any changes or additions to this Lease or the attached
exhibits shall be made iii writing,executed by the parties hereto,and neither State nor Lessee
shall be bound by verbal or implied agreements.
•
11.08 Entire Agreement This written Lease or its successor or replacement contains the
entire agree entibf the parties hereto with respect to the matters covered hereby,and no other
agreement,stater ergot pt`oriiise made by any party hereto,or to any employee,officer or agent
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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 fullestextent
permitted by law.
11.10 Discrimination. Lessee shall not conduct or suffer any business or activity,gpon the
Premises which unlawfully discriminates against any person on the basis of race7 color,creed,t
religion,sex, age, or physical or mental handicap.
11.11 Exhibits. Any exhibit attached hereto shall be deemed a part of this agreeme t and
incorporated herein by reference.
l
Signed this day of ,20 O .. ~
JEFFERSON COUNTY
1_ilpro i as to form o ;-
Ci)04-fia PVD-4-1-161L?Iol
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Signed this 22- day of #tD
'STATE OF WASHINGTON
D `PARTMENT OF NATURAL RESOURCES
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i • Comma , i of Public Lands
prov to Form, ~^
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Assistant Attorney Geer41
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Trust Land Transfer Lease r 16 of 22 Lease No.60-082210
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Jefferson County Aud STATE OF WASHINGTON LEASE 64.00
LESSEE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
COUNTY OF JEFFERSON )
On this day ersonally appease before me IV)it;b K
E 1/i V a, - _,to. Mc known
to be the ? ',„,,,,t Jf(-001,44,.. that executed the foregoing instrument and
acknowledged the sa t meo be the free and voluntary act and deed of said.__.._;-\
)4144ti 5 m e uses and purposes therein mentioned,and on oath stated that he
was a hori.7ed to execute the said instrument, ,
WITNESS my hand and official seal this ' day of �(c,/lt.e.„ ,20 Li/,
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^'�;,,, 4 sit Notary Publac(in sand fob the State of
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Jefferson County Aud STATE OF WASHINGTON LEASE 64.00
COMMISSIONER OF PUBLIC LANDS
STATE OF WASHINGTON )
)ss.
COUNTY OF THURSTON )
On this - day of ,20o , personally appeared before me Peter
Goldmark,the duly elee ,qualified and acting Commissioner of Public Lands,State of.
Washington,who executed the within and foregoing instrument on behalf of theState_ct
Washington,and acknowledged the said instrument to be the free and voluntary-act-and deedof
the State of Washington,for the uses and purposes therein mentioned,and orr'oatrstated that he
was authorized to execute said instrument and that the seal affixed is the of,fic€atseal of the
Commissioner of Public Lands for the State of Washington. " 1
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my-of �ealthe day
and year first above written.
° 1
y v r� Notary Pubk.in and for'thcStaie of Washington,
V. �att residing at f
E o - �� My appoil tment expire 'i ,-i�` `��
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EXHIBIT IA
(As referenced in Introductory)
QUIMPER PENINSULA WEST
TRUST LAND TRANSFER LEASE
.
Legal Description
-,.� \\
The SE1/4 of the SW 1/4 and the SW 1/4 of the SE1/4 of Section 32,Town0p-3-1 North, Ra'pge I
West,Willamette Meridian,Jefferson County, Washington, according to/O.S.Government
subdivision procedures, 1
TOGETHER WITH ;
l
Lots 1,2,3,4 and 5 of Block 72 of the Supplementary Plat of.Captain TibbalsItake Park,
according to the plat thereof recorded in Volume 2 of Plats`—at rage 3,records of Jefferson
County Washington. ,
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Dennis J. Gelvin,PLS(3btl)90240
Land Description&RJV Specialist
State Land Survey Unit
PO Box 47060 j'
Olympia,WA 9804-7060
t 1
Trust Land 'ran,fer 1 e 19 of 22 Lease No.60-082210
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Jefferson County Aud STATE OF WASHINGTON LEASE 64,00
EXHIBIT 1 B
(As referenced in Introductory)
QUIMPER PENINSULA WEST
TRUST LAND TRANSFER LEASE
Encumbrances
Indefinite Easement granted under Application No.50-029315,to Pacific Northwest Bell '1
Telephone Company for buried cable. \ 4'a
vIndefinite Easement granted under Application No. 50-CR3161,to Jefferson Cotnifr County
Road.
Indefinite Condemnation for Easement granted under Application l ioi 82-0 0457, in favor of
Jefferson County.
r
North Jacob Miller Private Road Trespass granted under Application' o.T3-083189,as shown
and described by that Record of Survey recorded Septembe 1`�l
r 14, 1995,ih Book 17 of Surveys at
Pages 65-69,under Auditor's File No 384739,Jefferson county records.
East Middlepoint Road Trespass granted under Application No.T3-083190, as shown and
described by that Record of Survey recorded September 14, 1995, in Book 17 of Surveys at
Pages 65-69,under Auditor's File No 384739,Jefferson County records.
No other encumbrances of record.
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There may be additional encumbrances that presently do not show on the records of the State of
Washington,such as cultUrai sites or endangered species. Encumbrances change over time.
Lessee is responsible to perform their own due diligence in matters where Lessee needs a
complete and cu nt-list of encumbrances.
Trust Land Transfer L /'x 20 of 22 Lease No.60-082210
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544436
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Jefferson County Aud STATE OF WASHINGTON LEASE 64.00
EXHIBIT 1 C
(As referenced in Section 2.05)
QUIMPER PENINSULA WEST
TRUST LAND TRANSFER LEASE
Habitat Conservation Plan Requirements
1. Lessee shall immediately notify State of new locations of Permit species covered in the
ITP that are discovered within the leased Premises covered by the I4CP,ihctuding, but'`
not limited to:locations of occupied murrelet habitat; spotted owl`nest.sites;`wdlves;
grizzly bears;nests,communal roosts,or feeding concentrations prbaJd eagles;peregrine
falcon nests; Columbian white-tailed deer;Aleutian Canada geese;and Oregonsilverspot
butterflies. In all circumstances notification must occur with'i I twenty;-four'(24)hour
time period. F
2. Upon locating any live, dead, injured, or sick speSSmeng'of any listed species covered by
the ITP within the leased Premises, Lessee shalliimmediately notify State. In all
circumstances notification must occur within a twenty-four(24)hour time period. Lessee
may be required to take certain actions to help State safeguard the well being of any live,
injured or sick specimens of any listed species discovered,until the proper disposition of
such specimens can be determined by State. Lessee may be required to take certain
actions to preserve biological material in th'e.best possible state for handling any dead
specimens.
3. Lessee shall refer to ITP number PRT-g12521 (a copy of the ITP is located for reference
in any of State's region offices)and PT-I;1158,in all correspondence and reports
concerning Permit activities.
4. All applicable provisions of the ITP and this schedule must be presented and clearly
explained by Lessee to all authorized o `rcers,employees, contractors,or agents of
Lessee conducting authorized act,itics°on the Premises. Any questions Lessee may have
about the ITP should be directed to Sth.teJ
5. Lessee shall notify Sj1O ofnotifyState ofttnylton-timber activity in order to allow State to determine
its obligation to provide informationrelated to non-timber activities to the United States
Department of the-Interior,Fish and Wildlife Service and Lessee shall provide any
information required. Sy,SteiFhat State is required to submit to the United States
Department o'fthe"Interior;Fish and Wildlife Service under the ITP,Condition L.
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Trust Land Transfer Lem 21 of 22 Lease No.60-082210
111 I. 5443Fi
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Jefferson County Aud STATE OF WASHINGTON LEASE 64.0
EXHIBIT 2
(As referenced in Section 8.01)
QUIMPER PENINSULA WEST
TRUST LAND TRANSFER LEASE
Authorized Improvements <
Al!improvements currently on the Premises belong to State,except. f> "�` . `
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None.
The following improvements arc hereby aut orizcd'to be olaced by lessee tjbn theik raises:
None. ) ,
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Trust Land Transftr I e ' 22 of 22 Lease No.60-082210
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