HomeMy WebLinkAbout000088 Original ContractLEASE AGREEMENT
City of Port Angeles 1
Record #000088
This lease agreement, entered into this day of May, 2011 by and between the City of Port
Angeles, a municipal corporation of the State of Washington, as Lessor, and J. Kangela LLC d.b.a.
The Copper Door, as Lessee, is set forth as follows:
1. Premises: The Lessor does hereby lease to Lessee that certain area described as that portion
of Lot 5, Block 15, Townsite of Port Angeles, as shown on the site map plotted by the Port Angeles
Public Works Department, which is attached hereto as Exhibit "A
2. Term: The term of this lease shall be for a period of one (1) year, commencing on May
11 2011, and terminating at midnight on May (1 2012. The Lessee is granted the option
to extend this lease for up to five (5) additional one (1) year terms, provided that Lessee is in good
standing with the City, having made timely rental payments and provided proof of insurance.
Lessee must give written notice to the City of his desire to renew not later than sixty (60) days prior
to the expiration of the lease.
3. Rent: Lessee covenants and agrees to pay Lessor, at the City of Port Angeles, 321 East
Fifth Street, Port Angeles, Washington 98362, or to such other party or at such other place as
Lessor may hereafter designate, annual rent in the amount of one hundred twenty -five dollars
($125), in advance, on or before the renewal date of each year. Purchaser will pay a late charge of
$25.00 for any rental payment more than thirty (30) days past due.
4. Taxes: In addition to the rent provided for in paragraph 3, Lessee agrees to pay the
Leasehold Excise Tax of $16.05 (tax is currently 12.84 to Lessor, along with the monthly rent.
5. Use of Premises: The premises shall be used for the placement of Lessee's propane storage
tank. The propane storage tank is to be used for the businesses operated by Lessee at 113 West
First Street, Port Angeles, Washington. Lessee will abide by all laws, rules and regulations
concerning installation and protection of said propane storage tank so as to assure compliance with
all applicable building and fire codes and other rules and regulations concerning the protection of
said premises from fire and other casualties.
6. Maintenance: Lessee agrees to maintain and repair the tank, associated plumbing, and all
appurtenant safety devices to assure the safety of the public. The Lessor will provide no services.
7. Hold Harmless: Lessee shall save and hold the Lessor harmless from, and indemnify and
defend the Lessor against, any claims or causes of action for property damage or personal injury
arising out of, or in any way connected with, the operation and use of the propane tank.
8. Liability: Lessee shall provide the Lessor proof of existence of comprehensive general
liability insurance in the amount of not less than $1,000,000. Lessor shall be named as an
additional insured on said policy and shall be provided a certificate of said policy.
9. Assignment: The rights of the Lessee, as set forth in this agreement, shall not be assigned
without the express written authority of the City of Port Angeles.
10. Modification: This lease agreement constitutes the entire agreement between the parties.
Either party may suggest changes or modifications to the terms of this agreement; however, no
change or modification to the agreement shall be effective unless such modification is in writing
and signed by the parties hereto.
11. Venue: This lease agreement shall be governed by the laws of the State of Washington.
Venue for any action brought pursuant to this agreement shall be exclusively in the Superior Court
for Clallam County.
12. Termination: This agreement may be terminated by either party upon 90 days written
notice.
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be
executed as below subscribed.
LESSEE,
J. Kangela LLC d.b.a. The Copper Door:
STATE OF WASHINGTON
COUNTY OF CLALLAM
Date:
ss.
LESSOR,
CITY OF PORT ANGELES:
T//(/
Dan Di Guilio, Mayor
On this /2 of of May, 2011, before me personally appeared Dan Di Guilio and Janessa
Hurd, to me known to be the Mayor and City Clerk for the City of Port Angeles, a municipal
corporation, that executed the within and foregoing instrument, and acknowledged the said
-2-
Jane a Hurd, City Clerk
„earitiT/5/0/2-bi
Date: 511 8/901(
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and
purposes therein mentioned, and on oath stated that he and she were authorized to execute said
instrument.
GIVES �i�t4 i� and official seal this y of May, 2011.
I 0 I /.W
NOTARY PUBLIC in and for e State of Washington,
residing at Port Angeles.
WAS •;�c?`\�� My commission expires
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STATE OF Wig41Id►1tia �1)
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County of Clallam
On this I1 day of May, 2011 before me, a Notary Public for the State of Washington,
duly commissioned and sworn, personall ap eared Jacob Oppelt and Angela Oppelt, to me known
to be the mP,° a` and rn m of the J. Kangela LLC d.b.a. The Copper
Door that executed the foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that they were authorized to execute said instrument.
GIVEN unto my hand and official seal this 17 day of May, 2011.
Notary Public
State of Washington
80881 L STRINGER
MY COMMISSION EXPIRES
August 1 2012
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