HomeMy WebLinkAbout2.64 Amendment Part Anaalas
2014-1305735 Racard x#2.64
Page 1 of 10 Amendment
Port Angeles City Of
Clallam County Washington 03/03/2014 03:34:35 PM
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When recorded, return to:
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362
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WASHINGTON STATE DEPARTMENT OF
Natural Resources
Peter Goldmark-Commissioner of Public Lands
AQUATIC LANDS AGREEMENT AMENDMENT
Lease No. 22-081288
Grantor: Washington State Department of Natural Resources
Grantee(s): City of Port Angeles
Legal Description: Section 3, Township 30 North, Range 6 West, W.M.
Assessor's Property Tax Parcel or Account Number: Not Applicable
Assessor's Property Tax Parcel or Account Number for Upland parcel used in conjunction with
this Lease: Not Applicable
THIS LEASE AMENDMENT is made by and between the STATE OF WASHINGTON, acting
through the Department of Natural Resources ("State"), and CITY OF PORT ANGELES a
government entity ("Tenant").
BACKGROUND
LEASE No. 22-081288 was entered into on the 1 st day of July 2007, by and between City of Port
Angeles as Tenant and the STATE OF WASHINGTON, acting by and through the Department of
Natural Resources, as landlord ("State"), and recorded with the Clallam County Auditor's office
under recording number 2013 — 1301864 (the "Agreement").
The parties now desire to amend this Agreement under the following terms and conditions:
THEREFORE, the parties agree as follows:
Agreement Amendment Page 1 of 9 Lease No. 22-081288
SECTION 1 AMENDMENTS
1.1 The three pages specified as Exhibit A of the Lease are removed and replaced with a two-
page document specified as "Exhibit A"that is attached to this Amendment.
1.2 Exhibit B of the Lease shall be removed and replaced with a document specified as
"Exhibit B"that is attached to this amendment.
1.3 The following new sub-sections (e) and (f) are added to Section 1.1:
(e) State grants to Tenant temporary access for construction purposes only over the
property described as the Temporary Access Area in Exhibit A, provided Tenant
and State receive written permission from the Port of Port Angeles, as Tenant of
Aquatic Lands Lease No. 22-074157 ("Port Lease"), for which this temporary
access encumbers. In doing so the State hereby waives the requirements set forth
for the Port of Port Angeles under section 7 of that Port Lease for the Work that
the State grants its consent to under Section 1 B of Exhibit B of this Amendment.
(f) Tenant acknowledges that an Access and Utility Easement as described in Exhibit
A, and extending from Oak Street to the marine tenninal dock, located on Aquatic
Lands Lease No. 22-074157, is pending between the State and the Port of Port
Angeles. Tenant accepts issuance of this Easement and recognizes it as a valid
interest of a third party.
1.4 Sections 2.1 through 2.4 of the Lease shall be removed and replaced with the following:
2.1 Permitted Use. Tenant shall use the Property for: A public access and waterfront
enjoyment area that includes an esplanade, waterfront trail, beach, lawn and plaza areas
available to the general public on first-come, first-served basis (the "Permitted Use"), and
for no other purpose. New Exhibit B describes the Pennitted Use in detail. The Pennitted
Use is subject to additional obligations in the new Exhibit B.
2.2 Restrictions on Pennitted Use and Operations. The following limitations apply to the
Property and adjacent state-owned aquatic land. Tenant's compliance with the following
does not limit Tenant's liability under any other provision of this Lease.
(a) Tenant shall not cause or permit:
(1) Damage to natural resources, except to the extent expressly permitted in
Exhibit B,
(2) Waste, or
(3) Deposit of material, unless approved by State in writing and except to the
extent expressly pennitted in Exhibit B. This prohibition includes deposit of
fill, rock, earth, ballast, wood waste, refuse, garbage, waste matter, pollutants
of any type, or other matter.
(b) Except as expressly pennitted in Exhibit B, Tenant shall not construct new
bulkheads or place hard bank annoring.
Agreement Amendment Page 2 of 9 Lease No. 22-081288
(c) Except as expressly pennitted in Exhibit B, Tenant shall not install fixed
breakwaters.
(d) Unless approved by State in writing and except as expressly permitted in Exhibit
B, Tenant shall not cause or pen-nit dredging on the Property. State will not
approve dredging unless (1) required for flood control,maintenance of existing
vessel traffic lanes, or maintenance of water intakes and (2) consistent with State's
management plans, if any. Tenant shall maintain authorized dredge basins in a
manner that prevents internal deeper pockets.
2.3 Confonnance with Laws. Tenant shall, at all times, keep current and comply with all
conditions and terns of pennits, licenses, certificates, regulations, ordinances, statutes,
and other government rules and regulations regarding Tenant's use or occupancy of the
Property.
2.4 Liens and Encumbrances. Unless expressly authorized by State in writing, Tenant shall
keep the Property free and clear of liens or encumbrances arising from the Pennitted Use
or Tenant's occupancy of the Property.
1.5 Section 4.1 of the Lease will be removed and replaced with the following:
4.1 Annual Rent.
(a) Until adjusted as set forth below, Tenant shall pay to State an annual rent of Zero
Dollars ($0.00).
(b) The annual rent, as it currently exists or as adjusted or modified (the "Annual
Rent"), is due and payable in full on or before the Commencement Date and on or
before the same date of each year thereafter. Any payment not paid'by State's
close of business on the date due is past due.
SECTION 2 EFFECTIVE DATE
The amended provisions shall become effective as of the 31 S` of December, 2013.
SECTION 3 NO RELEASE
State is not releasing any previous Assignor from fully performing the provisions of the
Agreement in effect at the time of such assignment or as otherwise agreed in writing between the
State, previous Assignor, and the Grantee.
SECTION 4 WARRANTIES
Tenant represents and warrants to State that (i) the Agreement is in full force and effect; (ii)
Tenant is not in default or breach of the Agreement; (iii) Tenant has no knowledge of any claims,
offsets, or defenses of the Tenant under the Agreement; and (iv) to the best of Tenants
Agreement Amendment Page 3 of 9 Lease No.22-081288
knowledge, the Property is in full compliance with all applicable federal, state, and local
governmental pennits, rules, ordinances, and laws.
SECTION 5 CONFIRMATION OF AGREEMENT
All other teens of the Agreement not inconsistent with this Amendment are hereby affirmed and
ratified.
SECTION 6 RECORDATION
At Tenant's expense and no later than thirty(30) days after receiving the fully-executed
Agreement, Tenant shall record this Agreement in the county in which the Property is located.
Tenant shall include the parcel number of the upland property used in conjunction with the
Property, if any. Tenant shall provide State with recording information, including the date of
recordation and file number.
THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last
signature below.
CITY OF PORT ANGELES
Dated: ! , 20 -
By: Dan McKeen
Title: City Manager
Address: 321 East Fifth Street
PO Box 1150
Port Angeles, WA 417-4501
Phone: 360-417-4501
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: ' , 20 -°
PETER GO DMA
Commissioner o ublic Lands
1111 Washington Street S
Olympia WA 98504 � ®�
Approved as to Form this
This 2 day of December, 2013 m
Christa L. Thompson,
Assistant Attorney General
Agreement Amendment Page 4 of 9 Lease o. 22-081288
REPRESENTATIVE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
COUNTY OF CLALLAM )
I certify that I know or have satisfactory evidence that DAN MCKEEN is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the City Manager of the
City of Port Angeles to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
(Signature)
(Print Name)
�<v • ,� .� Notary Pu i-in and for the State of Washington,
residing at
EXP 02124/2016
�'�,���tJL.�� O My appointment expires r n �
Agreement Amendment Page 5 of 9 Lease No.22-081288
STATE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss.
County of Thurston )
I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the Commissioner of
Public Lands, and ex officio administrator of the Department of Natural Resources of the State of
Washington to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated: �,..
(Si ture)
(Seal or p4
l® (Print Natm )
t4o v
Notary Public in and for the State of
0M PUBLIC Washington, residing at
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My appointment ex �r°® AIL
Agreement Amendment Page 6 of 9 Lease No. 22-081288
EXHIBIT A
Agreement Number 22-081288
Recording number of final DNR approved survey in Clallam County: Volume 73, Page 47
Legal description of the Property:
The area labeled on the DNR approved survey as Lease Area 22-081288, described as:
THOSE PORTIONS OF THE PORT ANGELES TIDELANDS OF THE FIRST CLASS TIDELAND
BLOCK A AND TIDELAND BLOCK 2 WEST OF LAURL STREET SHOWN AS PARCELS 1 AND 2
ON THE D.N.R. LEASE SURVEY NO. 20-074165 RECORDED IN VOLUME 50 OF SURVEYS,
PAGE 1,UNDER AUDITOR'S FILE NO. 2002-1088408,RECORDS OF CLALLAM COUNTY,
WASHINGTON.
TOGETHER WITH THAT PROTION OF THE PORT ANGELES TIDELANDS OF THE FIRST
CLASS LYING NORTHERLY OF RAILROAD AVENUE,WESTERLY OF THE PARCEL 3 AS
DEFINED BY THE PORT MANAGEMENT AGREEMENT 22-080013 RECORDED IN VOLUME 56
OF SURVEYS,PAGE 91,RECORDS OF CLALLAM COUNTY,WASHINGTON,EASTERLY OF
THE EASTERLY LINE OF PARCEL 2 OF DNR LEASE NO. 20-074165,AND SOUTHERLY OF A
LINE WHICH IS PARALLEL WITH THE NORTH MARGIN OF RAILROAD AVENUE WHICH
RUNS THROUGH THE NORTHEAST CORNER OF SAID PARCEL 2.
CONTAINING 3.17 ACRES MORE OR LESS.
Together with the area labeled on the DNR approved survey as Proposed Amended Lease
Area 2 (PALA 2), described as:
THAT PORTION OF THE PORT ANGELES TIDELANDS OF THE FIRST CLASS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 OF DNR LEASE NO. 20-074165 AS
SHOWN SURVEY RECORDED IN VOLUME 50 OF SURVEYS,PAGE 1,RECORDS OF CLALLAM
COUNTY,WASHINGTON;
THENCE S 64°45'58"E ALONG THE NORTH BOUNDARY OF SAID PARCEL 2 FOR A
DISTANCE OF 272.72 FEET TO THE SOUTHWEST CORNER OF THE PORT OF PORT ANGELES
LEASE AREA NO. 22-074157 AS SHOWN ON SURVEY RECORDED IN VOLUME 50 OF
SURVEYS,PAGE 2,RECORDS OF CLALLAM COUNTY,WASHINGTON;
THENCE N 33 021'53"E ALONG THE WEST LINE OF SAID LEASE AREA FOR A DISTANCE OF
27.08 FEET;
THENCE N 63033'19"W FOR A DISTANCE OF 271.96 FEET TO A POINT ON THE EAST LINE
OF A PARCEL 2 AS DEFINED BY THE PORT MANAGEMENT AGREEMENT 22-080013 SURVEY
RECORDED IN VOLUME 56 OF SURVEYS,PAGE 91,RECORDS OF CLALLAM COUNTY,
WASHINGTON, SAID POINT BEING 32.89 FEET TO THE POINT OF THE BEGINNING.
THENCE S 33 022'07"W ALONG SAID EAST LINE,32.89 FEET TO THE POINT OF THE
BEGINNING.
CONTAINING 8,095 SQ. FT. MORE OR LESS.
Square footage of each of these Use classifications:
Water-dependent 0
Nonwater-dependent 0
Public Access 146,180
Total square feet 146,180
Agreement Amendment Page 7 of 9 Lease No. 22-081288
Legal Description of Access and Utility Easement:
The area labeled on the DNR approved survey as Proposed Access &Utility Easement,
described as:
COMMENCING AT AN EXISTING BRASS CAP AT THE INTERSECTION OF OAK STREET
AND RAILROAD AVENUE;
THENCE N 56 037149"W ALONG THE WESTERLY PROLONGATION OF SAID RAILROAD
AVENUE FOR A DISTANCE OF 35.00 FEET TO THE WESTERLY MARGIN OF SAID OAK
STREET AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING N 56 037'49"W ALONG SAID PROLONGATION OF RAILROAD
AVENUE FOR A DISTANCE OF 149.27 FEET;
THENCE N 31 050'32"E FOR A DISTANCE OF 48.26 FEET TO COMMON BOUNDARY
BETWEEN THE PORT OF PORT ANGELES LEASE AREA HA 22-074157 AS SHOWN ON
AMENDED D.N.R. HARBOR LEASE AREA SURVEY RECORDED IN VOLUME 50 OF SURVEYS,
PAGE 29 AND PARCEL 2 OF DNR LEASE NO. 22-074165 AS SHOWN ON D.N.R. LEASE
SURVEY RECORDED IN VOLUME 50 OF SURVEYS,PAGE 1,RECORDS OF CLALLAM
COUNTY,WASHINGTON;
THENCE N 64 045'58"W ALONG SAID COMMON BOUNDARY FOR A DISTANCE OF 47.21
FEET;
THENCE S 31 050'32"W FOR A DISTANCE OF 65.73 FEET;
THENCE S 56 037'49"E FOR A DISTANCE OF 195.54 FEET TO THE WESTERLY MARGIN OF
OAK STREET;
THENCE N 33021'27"E ALONG SAID MARGIN FOR A DISTANCE OF 24.15 FEET TO THE
TRUE POINT OF BEGINNING;
CONTAINING 6,837 SQUARE FEET,MORE OR LESS.
Legal Description of the Temporary Access Area:
The area labeled on the DNR approved survey as Proposed Amended Lease Area 3 (PALA 3),
described as:
THAT PORTION OF THE PORT OF PORT ANGELES LEASE AREA NO. 22-074157 AS SHOWN
ON THE SURVEY RECORDED IN VOLUME 50 OF SURVEYS,PAGE 2,RECORDS OF CLALLAM
COUNTY,WASHINGOTN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PORT OF PORT ANGELES LEASE
PARCEL, SAID CORNER ALSO BEING A POINT ON THE NORTH BOUNDARY OF PARCEL 2 OF
DNR LEASE NO. 20-074165 AS SHOWN SURVEY RECORDED IN VOLUME 50 OF SURVEYS,
PAGE 1,RECORDS OF CLALLAM COUNTY,WASHINGTON;
THENCE S 64 045'58"E ALONG THE NORTH BOUNDARY OF SAID PARCEL 2 AND THE
SOUTH BOUNDARY OF THE PORT OF PORT ANGELES LEASE AREA FOR A DISTANCE OF
93.72 FEET;
THENCE N 31058'48"E FOR A DISTANCE OF 25.02 FEET;
THENCE N 63033'19"W FOR A DISTANCE OF 92.84 FEET TO A POINT ON THE WEST LINE
OF SAID PORT OF PORT ANGELES LEASE PARCEL, SAID POINT BEING 27.08 FEET FROM
THE POINT OF BEGINNING;
THENCE S 33 021'53"W ALONG SAID WEST LINE,27.08 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2,412 SQ.FT.MORE OR LESS.
Agreement Amendment Page 8 of 9 Lease No.22-081288
EXHIBIT B
1. DESCRIPTION OF PERMITTED USE
A. Existing Facilities. The facility is a waterfront enjoyment area. In 2013, an
esplanade was constructed along the narrow eastern portion of the Lease, located
north of Railroad Avenue and extending from Oak Street to the Ferry Tenninal.
Immediately adjacent to the Lease on the north is the Aquatic Land Lease No. 22-
074157 issued to the Port of Port Angeles, which authorizes a marine tenninal
dock. The most southern portion of the marine terminal dock encumbers and
overlaps into this Lease area. Access and utilities extend from Oak Street across
this Lease to the marine tenninal dock. Issuance of an access and utility easement
from Oak Street to the marine tenninal dock by the State to the Port is pending.
A large portion of the property consists of filled tidelands and is undeveloped open
space. An undeveloped portion of the Olympic Discovery Trail extends across this
property.
B. Proposed Facilities. Tenant has secured the following permits:
• US Anny Corps of Engineers pen-nit No. NWS-2012-36
• City of Port Angeles SMA # 11-08
• City of Port Angeles MDNS No. 1303
• Washington Department of Fish and Wildlife HPA Control No. 126083-3
Tenant has submitted to State plans and specifications for Work shown in
Attachment 1 to this Exhibit B, which is not incorporated in this Easement
State grants its consent to this Work, to the extent it occurs on the Property or the
Temporary Access Area as described in Exhibit A, as provided under Paragraph 7
of the Lease, except that Tenant shall conform all Work to all other requirements
of Section 7 of this Lease.
2. ADDITIONAL OBLIGATIONS
A. Tenant shall not conduct in-water Work during time periods prohibited for such work
under WAC 220-110-271, Prohibited Work Times in Saltwater, as amended, or as
otherwise directed by the Washington Department of Fish and Wildlife (WDFW).
B. Tenant shall orient night lighting to minimize the amount of light shining directly on
the water.
i
Agreement Amendment Page 9 of 9 Lease No. 22-081288
I
ATTACHMENT 1 TO EXHIBIT B
PLANS AND SPECIFICATIONS FOR WORK
This diagram illustrates the plans and specification for the Work associated with the Proposed
Facilities,per Section 1 B of Exhibit B:
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Attachment 1 to Exhibit B, Lease Amendment Page 1 of 1 Lease No.22-081288