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HomeMy WebLinkAboutCarnegie Library LeaseLOWER E LWHA KLALLAM TRIBE 2851 Lower Elwha Road (360) 452-8471 Port Angeles, WA 98363 Fax: (360) 452-3428 Rr.soi,ilTION No.121-23 Approval of Lease for Carnegie Building WHEREAS, the Lower Elwha Tribal Community (or Lower Elwha Klallam Tribe) ("Tribe") is a federally recognized Indian tribe under the Treaty of Point -No -Point of January 26, 1855. which governs itself and its territory in accordance with its Constitution and By -Laws, approved under Section 16 of the Indian Reorganization Act by the Secretary of Interior on April 29, 1968; and WHEREAS, in accordance with its Constitution and By -Laws. Lower Elwha Klallam Business Committee (Business Committee) is the duly elected representative body of the Tribe, responsible for providing the full array of tribal governmental functions and services for the Tribe and its members and for preserving and protecting the culture, treaty rights, natural resources, public safety, and general health and welfare of the Tribe and its members; and WHEREAS, under Article IV, Section l(a) of the Tribe's Constitution, the Tribe has the authority to enter into contracts with governmental and private parties for the benefit of the Tribe; and WHEREAS, the City is the owner of the Carnegie Library Building located at 205 S. Lincoln Street in the city of Port Angeles; and WHEREAS, the Tribe took over a lease from the Clallam County Historical Society for the Carnegie Library Building in 2016. and has been operating a museum and curation facility on the premises since that time; and WHEREAS. the current lease for the building expires on December 31.2023; and WHEREAS, the Tribe and the City wish to renew the lease for the building for a term of20 years for a rent of $1.00 per year, to expire on December 31. 2043, with the option to renew for three periods of 10 years each. Resolution No. 121-23 Approval of Lease for Carnegie Building Page 1 of 2 THEREFORE, BE IT NOW RESOLVED THAT the Business Committee hereby approves the attached Commercial Premises Lease Agreement for the Carnegie Library Building, including the limited waiver of sovereign immunity in paragraph 18 thereof, and authorizes and directs the Chairwoman, or Vice -Chair in her absence, to execute the contract on behalf of the Tribe. CERTIFICATION The forgoing resolution was presented at a duly called and noticed meeting of the Lower E lwha [business Committee on the I �L of Noy, . 2023. at which S members were present. constituting a quorum, and the Business Committee has voted to adopt this resolution by a vote of y FOR. D AGAINST. and Q ABSTENTIONS. Dated this 14' day of Net! , 2023, r,.^ �'_. Li, Frances G. Charles Chairwoman Resolution No. 121-23 Approval of Lease for Carnegie Building Page 2 of 2 ULm �_- L-Lm, Council tuber RENEWAL OF C'OMMERCIAI. PREMISES LEASE AGREEMENT DATED 1 1 2023 THIS AGREEMENT is executed in duplicate thi&LAV", tc-1, 2t)23 by and between the CITY__ OF' PORT ANGEL.ES. a non -charter code city and municipal corporation of the State of Washington. (hereinafter "City") and the LOWER ELWHA KLALLAM TRIBE, a federally -recognized Indian Tribe ( hereinafter '`Tribe" ). Wl IEREAS, the Citv is the owner ofthe Carnegie Library Building, hereinafter referred to as "the premises". which is situated upon the real property located in Clallam County. State of Washington. City of Port Angeles and is referenced as the common site address of 205 S. Lincoln Street. and WHEREAS, the City is statutorily authorized to provide cultural and recreational services. which may include contracting to operate a historical museum and/or leasing property for such purposes. and WHEREAS, the Tribe is a federally -recognized Indian Tribe whose members have inhabited the land that now makes up the City of Port Angeles and the surrounding area since time immemorial: and WHEREAS, the Tribe took over a lease from the Clallam County Historical Society for the premises in 2016. and has been operating a museum and curation facility on the premises since that time; and WHEREAS, both parties desire that the premises be managed and operated as a place for public enjoyment and education involving preservation of community heritage, display of historical artifacts. informative presentations, and other related activities in accordance with the provisions. terms and conditions of this agreement: NOW. THEREFORE. in consideration ofthe mutual undertaking and promises contained herein, and the benefits to be realized by each party, and in future consideration of the beneFt to the general public from the enhancement of the economic and historical environment of the City of Port Angeles to be realized by the performance of this agreement. and as a direct benefit to the City, the parties agree as follows: 1. Leased premises. The City hereby leases to the Tribe, upon tine terns and conditions herein set forth, the real property situated at 205 S. Lincoln Street in the City of Port Angeles, Clallam County. Washington. legally described as follows (hereinafter "the premises"). to -wit: The building. and adjacent pedestrian walkways and ramps providing ingress and egress to said building. located within the northerly I30' (feet) of the easterly 150' (feet) of the following legally described property: the north 370' (feet) of the east 220' (feet) of Suburban Lot 26 E. Townsite of Port Angeles, Clallam County. Washington. which is also identified as Clallam County tax parcel# 0630001026000000. 2. Use or Premises and Purpose. For so long as this Aurcement is in effect, the Tribe shall be entitled to possession of the Building. The Tribe intends to continue to operate the building as a Tribal History Museum. open to the public: should the building cease to be used as a Tribal History Museum. open to the public. the City reserves the right to begin the termination process as described In Section 19 below. At its option. the Tribe may utilize some or all of the building as Tribal government offices. 3. Term. The term of this lease will be for a period of twenty (10) years and will commence on the I st day of January 2024 and terminate on the 3 I st day of December 2043. inclusive. 4. Renewal option. This lease will be renewable for three (3) periods often (10) years each, the first renewal term commencing on the first day of January 2044 and terminating on the 31 st day of December 2053, inclusive, by mutual agreement of the City and the Tribe. This mutual agreement must be in writing and executed prior to the expiration of the prior term. The terms and conditions of the lease for any renewal term will be identical with the original term, except that either party has the right to request that the amount of the rent be renegotiated, that any issue not already addressed in this agreement be considered for inclusion in the agreement, and/or that any other provision of this agreement be considered for modification. 5. Rental. The Tribe agrees to pay to the City as and for the monthly rental amount for the premises the sum of $1.00 per month, payable monthly on or before the 1 st day of each month. In the event this agreement is determined to be subject to state leasehold excise tar, the Tribe will be responsible for paying the tax or obtaining an exemption from the Department of Revenue. The Tribe also agrees to "in - kind" consideration of maintaining, staffing, and opening the public spaces of the building to the general public during regular business hours. 6. Covenant of quiet enjoyment. The City covenants and agrees that the Tribe, upon performance of all of the Tribe's obligations under this lease, shall lawfully, quietly, and exclusively hold, occupy, and enjoy the leased premises during the term and any renewal term of this lease without disturbance by the City or by any person having title paramount to the City's title or by any person claiming under the City, subject to the other terms and provisions of this lease and subject to all mortgages, underlying leases, and other underlying matters of record to which this lease is or may become subject to and subordinate. 7. Utilities. In addition to the rent provided in Section 5 above, the Tribe shall pay all charges for heat, light, power, water, wastewater, solid waste, storm water, telephone, internet connection, and other services or utilities used, rendered, or supplied upon or in connection with the premises, and the Tribe shall indemnify the City against any liability or damages on such account. The City is responsible for any connection charges or other related charges to establish the initial connection of the utility service, with the exception of the telephone and internet services which are the total responsibility of the Tribe. 8. Maintenance by the Tribe. The Tribe shall keep the premises in a neat, clean, and sanitary condition, and shall keep the premises and all items installed in the premises by the Tribe in good condition, except only for reasonable wear and tear and damage caused by any act or omission by the City, its employees, agents. invitees, or licensees. The Tribe is responsible for general maintenance of the premises which would reasonably be interpreted as janitorial in nature, including without limitation daily janitorial and cleaning surfaces of the floors, walls, windows, and restroom areas, replacement of light bulbs, removal of snow, ice, and debris from pedestrian walkways, and other general cleaning tasks as necessary to maintain a safe and sanitary environment for the public. Nothing in this agreement shall prevent the City from assisting in these tasks and/or providing any equipment necessary for accomplishment of these tasks at the sole discretion of the City. In addition, the Tribe shall be responsible for repair and maintenance for all property items under its direct ownership or management, such as display cabinets and cases, operating equipment such as telephones, computers, and other office equipment, and special lighting or security equipment necessary for the effective display of artifacts and items. 9. Maintenance by the City. The City shall be responsible for the repair, maintenance, and upkeep of the premises not set forth as the maintenance responsibility of the Tribe in Section 8 above, including without limitation repair of HVAC equipment, exterior and interior surfaces, roof, foundations, utility infrastructure to serve the premises. exterior landscaping, and other related items involving structural and mechanical maintenance and repair. -2- 10. Alterations and improvements. The Tribe shall make no changes, improvements or alterations to the premises without first obtaining the written consent of the City, which consent shall not be unreasonably withheld. Except as otherwise provided herein, all changes, improvements, alterations, and repairs, if any, made by the Tribe shall remain on the premises and shall become the property of the City upon the expiration or sooner termination of this lease. The Tribe shall not suffer or permit the imposition of any liens against the premises, and the City may, as a condition to consenting to alterations, require that the Tribe give security satisfactory to the City that the alterations and improvements will be completed free and clear of liens and in a manner satisfactory to the City. Trade and other fixtures purchased and installed by the Tribe which can be removed without injury to the premises shall be and remain the property of the Tribe, provided however that exhibits and other items paid for by the City may become the City's property if the Tribe ceases operating the museum within the City of Port Angeles and removes said items from within the City. Interior design schematic of the premises must be reviewed and approved by the City with regard to display cabinetry which is to be permanently attached to the structure. II. Indemnification. The Tribe shall indemnify the City and hold the City harmless from and against any and all claims, demands, causes of action, suits, or judgments (including costs, attorney's fees, and expenses incurred in connection therewith, whether or not suit is filed) for deaths or injuries to persons or for loss of or damage to property arising from or out of any occurrence in, upon, or at the premises and areas adjoining the same, or the occupancy or use by the Tribe of the premises or any part thereof, or occasioned wholly or in part by any act or omission of the Tribe, its agents, contractors, employees, servants, successors, assigns, invitees, or licensees, unless such damage is caused by the sole gross negligence, willful misconduct, or intentional act of the City. The Tribe shall immediately notify the City in writing of any claim for death of or injury to a person or damages to or destruction of property or of any other condition or circumstances arising upon or in connection with the premises which may expose the Tribe and/or the City to liability. Additionally, the City shall have the reciprocal obligation to likewise indemnify the Tribe and hold the Tribe harmless in the same manner as set forth above with regard to any claim arising out of or relating to the City's ownership of the premises and maintenance obligations hereunder. Should a court of competent jurisdiction determine that this agreement is subject to RC W 4.24.115, as now or hereafter amended, then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tribe and the City, its officers, officials, employees, and volunteers, the Tribe's liability hereunder shall be only to the extent of the Tribe's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Tribe's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section are intended to and shall survive the expiration or sooner termination of this agreement. 12. Liability insurance. The Tribe shall at its expense maintain public liability and property damage insurance insuring against any and all claims for injury to or death of persons and loss of or damage to property occurring upon and/or about the premises. Such insurance shall have liability limits in an amount to meet the City's current standard requirements, but not less than $2,000,000.00 for each occurrence and $2,000,000.00 in the aggregate per year. In no event shall the limits of said policy(ies) be considered as limiting the liability of the Tribe under this agreement. All such insurance shall name the City and the Tribe as co-insured, with severability of interest endorsement. All such insurance shall be issued by carriers acceptable to the City and shall contain a provision whereby the carrier agrees not to cancel or modify the insurance without sixty (60) days' prior written notice to the City. The Tribe shall furnish the City with a certificate evidencing the aforesaid insurance, and renewal certificates shall be furnished to the City at least thirty (30) days prior to the expiration date of each policy for which a certificate was theretofore furnished. The City shall be entitled to pay any insurance premium not promptly paid by the Tribe and to charge back that cost to the Tribe as additional rent hereunder. -3 - 13. City's property insurance. The City shall at its expense maintain a policy of standard fire insurance with extended coverage for the premises in the amount of its replacement value. The City may cause such insurance to name the Tribe as a co-insured, provided however that the Tribe understands and acknowledges that such insurance does not cover the personal property of the Tribe located on the premises and may not cover fixtures installed by the Tribe. The City shall have no liability whatsoever for any loss or damage to the property of the Tribe. All proceeds of any such insurance shall be payable to the City and shall be applied to the restoration of the premises to the extent provided in Section 15 below. Any proceeds of such insurance remaining after such restoration shall belong to the City. 14. Waiver of subrogation. The City and the Tribe hereby mutually release each other from liability and waive all rights of recovery against each other from any loss, to the extent insurance proceeds are recovered for such loss, from any insured risk under their respective insurance policies on the premises and contents, including, without limitation, any fire insurance policies and extended coverage endorsements thereto. This Section shall be inapplicable if it would have the effect, but only to the extent that it would have the effect, of invalidating any insurance coverage of the City or the Tribe. 15. Damage or destruction. If the premises are damaged or destroyed by fire or any other cause, the City shall restore the premises, except for such fixtures, improvements, and alterations as are installed by the Tribe in accordance herewith, as nearly as practicable to their condition immediately prior to such damage or destruction. The Tribe, at the Tribe's expense, shall so restore all such approved fixtures, improvements, and alterations installed by the Tribe. The obligations to restore provided in this Section shall be subject to the City's termination rights provided below. Any restoration shall be promptly commenced and diligently prosecuted. The City shall not be liable for any consequential damages by reason of any such damage or destruction. Notwithstanding any of the foregoing provisions of the next preceding paragraph, in the event the premises shall be destroyed or damaged to such an extent that the City deems it is not economically feasible to restore the same, then the City may terminate this lease as of the date of the damage or destruction by giving the Tribe notice to that effect. 16. Surrender of premises. a. CONDITION OF PREMISES. Upon expiration of the initial term or any renewal term or earlier termination on account of default, the Tribe shall quit and surrender the premises in good, neat, clean, and sanitary condition, except for reasonable wear and tear and damage caused by any act or omission by the City, its employees, agents, invitees, or licensees, and the Tribe shall deliver all keys to the City. Alterations constructed by the Tribe with permission from the City shall not be removed or restored to the original condition unless the terms of permission for the alterations so provide. All repair for which the Tribe is responsible shall be completed to the latest practical date prior to such surrender. The Tribe's obligations under this Subsection and shall be subordinate to the provisions of Section 15 relating to destruction. b. FIXTURES. The Tribe may install on the premises such equipment as is customarily used in the type of business conducted by the Tribe on the premises. Upon the expiration or sooner termination of this lease, the Tribe shall, at the Tribe's expense, remove from the premises all such trade fixtures and all other property placed on the premises by the Tribe including movable furniture, decorations, floor coverings (other than hard surface bonded or adhesively fixed flooring), curtains. blinds, and furnishings. The Tribe shall repair any damage to the premises occasioned by the removal of such trade fixtures or other property. Any property left in the premises after the expiration or sooner termination of this lease shall be deemed to have been abandoned by the Tribe and become the property of the City to dispose of as the City deems expedient without accounting to the Tribe therefor. All fixtures placed upon the -4- premises during the term, other than the Tribe's trade Fixtures, shall, at the City's option, become the property of the City. If the City so elects, the Tribe may remove any or all fixtures which would otherwise remain the property of the City and may repair, at the Tribe's expense, any physical damage to the premises occasioned by such removal. Upon a default as hereinabove provided, this agreement shall be terminated. In such event, all personal property of the Tribe shall be removed within sixty (60) days of the termination date or revert to ownership of the City. 17. Dispute resolution. In the event a dispute arises as to whether the parties are complying with the terms of this agreement, the parties hereby agree to use the following dispute resolution procedure before pursuing any other remedy. First. the City's City Manager and the Tribe's Business Committee Chair, or their designees, shall meet to resolve the dispute within twenty (20) days of written notice by either party. If the dispute continues, either party may give written notice to the other to call a Resolution Panel consisting of the City's designee, the Tribe's designee, and a third designee selected by the first two. It is intended that the Resolution Panel be comprised of designees that are neutral and detached and are not employed by or on the governing boards of either party to this agreement. In the event t1�4 parties are unable to agree upon the third member of the Resolution Panel, either party may petition the Superior Court of Clallam County for the appointment of the third member of the Resolution Panel. Each party shall be responsible for any costs or fees associated with its representative and shall equally pay for any costs or fees associated with the third member. The parties shall present the dispute to the Resolution Panel within thirty (30) days of the selection or appointment of the third member of the panel. The Resolution Panel shall render a decision within thirty (30) days of the presentation or as soon as is otherwise reasonably practicable. The decision of the Resolution Panel shall be binding upon the parties, and any violation or failure to comply with such decision shall constitute a default hereunder. 18. Limited Waiver of Sovereign Immunity. This limited waiver of the sovereign immunity of the Tribe from suit or action is adopted pursuant to the terms of the Constitution and Bylaws of the Lower Elwha Tribal Community, approved by the Secretary of the Interior on April 29, 1968, as amended, and shall be strictly construed and limited to its special terms and the special waiver granted. The Tribe hereby specifically waives its sovereign immunity against suit for the limited purpose of entering, enforcing, and performing under this Agreement. This limited waiver of immunity is limited to only the provisions of this Agreement and with the exception of the obligations that survive closing shall terminate consistent with the termination or expiration of this Agreement. The Tribe understands and agrees that such limited waiver shall permit the City to take all actions allowable under this Agreement or any applicable law to enforce the terms of this Agreement. secure the benefits thereof, and ensure the Tribe's performance thereunder, with venue for any such action only in the Superior Court of Clallam County, Washington. This waiver is not intended to be and shall not be construed as a general waiver of the Tribe's sovereign immunity. This Agreement does not create any enforceable rights in any person or entity not a parry hereto. Nothing in this Agreement shall be construed to authorize any suit, execution, attachment, or judicial process against the persons or property of the Tribe or any of its officers, agents, or employees, or against the Tribe's Governing Body or any member thereof, other than as specifically set forth above. 19. Termination. Failure of either party to comply with any term or condition, or to fulfill any obligation, of this Agreement within thirty (30) days after written notice from the other party, specifying the nature of the default with reasonable particularity and stating the necessary remedial action to be taken, shall constitute a default hereunder. However. if the default is of such a nature that it cannot be completely remedied within a thirty (30) day period, this provision shall be complied with if the defaulting party begins correction of the default within the thirty (30) day period and thereafter proceeds with reasonable diligence and good faith to effect the remedy as soon as reasonably practicable. -5- 20. Nondiscrimination. The Tribe agrees to manage and operate under this agreement in a fair, equal, and non-discriminatory basis to all users of the premises without discrimination to any person or group of persons in any manner prohibited by applicable local, state, or federal laws and regulations. 21. Notices. All notices, demands, and requests to be given by either party to the other shall be in writing. All notices, demands, and requests may be personally served or mailed. If mailed, such notices, demands, and requests shall be sent by certified or registered mail to the parties at the addresses below their respective signatures herein. 22. Non -waiver. Time is and shall be of the essence of this lease and of each and every part hereof, and no failure of a parry to insist upon the strict perfonmance of any provision hereof shall be construed as depriving such parry of the right to insist upon strict performance of such provision or any other provision in the future. No waiver of any provision of this lease nor any alteration, modification, or abandonment of any covenant, term, or condition of this lease required to be performed shall be deemed to have been made unless expressed in writing and signed by the parties. No acceptance of rent or of any other payment by the City from the Tribe after any default by the Tribe shall constitute a waiver of any such default or any other default. 23. Attorney's fees. In connection with any controversy, claim, or dispute (including arbitration, administrative, bankruptcy, and judicial proceedings, including appeals therefrom) arising out of or relating to this agreement, the method and manner of performance hereunder, or the breach hereof, the prevailing party shall be entitled to and awarded, in addition to any other relief, a reasonable sum as and for its attorney's fees and costs. If neither party wholly prevails, the party that substantially prevails shall be awarded a reasonable sum as and for attorney's fees and costs. Attorney's fees shall include services rendered whether or not a lawsuit is commenced, services rendered at both the trial and appellate court levels, as well as services rendered subsequent to judgment and obtaining execution thereon. Such fees, costs, and expenses shall bear interest at the highest rate allowable under Chapter 19.52 RCW, as now or hereafter amended, but in any event not less than twelve percent (12%) per annum. 24. Binding effect. This lease shall be binding upon and inure to the benefit of the parties hereto and their respective personal and legal representatives, successors, and assigns. 25. Memorandum of lease. This lease shall not be recorded without the prior written consent of the City. The parties agree to execute and acknowledge a memorandum of this lease in a form suitable for recording evidencing the commencement date and expiration date of this lease and any special provisions hereof. Upon expiration or sooner termination of this lease, the Tribe shall execute in recordable form and deliver to the City a quit claim deed covering the premises. 26. Entire agreement. This document contains the entire and integrated lease agreement of the parties and there are no terms, obligations. covenants. or conditions of said lease agreement other than those contained herein. This document may not be modified except in writing signed and acknowledged by all parties hereto. 27. Miscellaneous. a. CAPTIONS AND CONSTRUCTION. The captions in this lease are for the convenience of the reader and are not to be construed in the interpretation of its terms. b. INTERPRETATION. This lease has been submitted to the scrutiny of all parties hereto and their legal counsel, if desired, and shall be given a fair and reasonable interpretation in -6- accordance with the language hereof, without consideration or weight being given to its having been drafted by any party hereto or its legal counsel. c. PARTIAL, INVALIDITY. If any term or provision of this lease or the application thereof to any person or circumstance shall to any extent be invalid or unenfbrceable, 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 not be affected thereby, and each term and provision of this lease shall be valid and enforced as written to the full extent permitted by law. d. CONFLICT OF PROVISIONS. In case ofconflict. the more specific provision of this lease shall control. e. RELATIONSHIP OF PARTIES. This is a government -to -government lease.' f. GOVERNING LAW. This lease shall be govgrned by the laws of the State of Washington and venue shall be in Clallam County. g. ESTOPPEL, CERTIFICATE, The City and the Tribe agree from time to time promptly to execute, acknowledge, and deliver to the other party a statement in writing certifying that this lease is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as modified and stating the modifications), whether any party is in default or breach of this lease, and the dates to which the basic rent and other charges have been paid in advance. ifany. h. NUMBER. GENDER, PERMISSIVE VERSUS MANDATORY USAGE. Where the context permits, references to the singular shall include the plural and vice versa. and references to the neuter gender shall include the feminine and masculine. Use of the word "may" shall denote an option or privilege and shall impose no obligation upon the party which may exercise such option or privilege. Use of the word "shall" denotes a duty or an obligation. IN WITNESS WHEREOF, the parties hereto have executed this instrument in duplicate the day and year first above written. CITY OF PORT ANGEL.ES (City); By. /Als Signature T Title � OL � a - Date Address 7- LOWER ELWHA KLAL:LAM TRIBE. (Tribe): By • o-c � C� Signature Title 1. Addresse►ar�S,� y�3�3 STATE OF WASHINGTON ) } ss. County, of Clallam ) 0913 011 this atay oror e r i ,, berore me. a Nolar} Public For the State of Washington, dtil% commissioned and sworn, personally appeared Kate Dexter, to me known to be the Mayor of the City of Port Angeles, the municipal corporation that executed the foregoing instrument, and acknowledged said instrument to be the tree and voluntary act and deed of said corporation. for the uses and purposes therein mentioned. and on oath stated that she was authorized to execute said instrument. and that the seal affixed is the seal of said municipal corporation. Given L ndLr nix hand and official seal the day and year first in this certificate abu e written. :KARIMRTINEZ-BAILEY ry Public Notary Public in t rf Washington on tt 201050t7 Washington. resi mg at Port Angeles, MyPlres mar 15, 2024 My commission expires: `%! y STATE OF WASHINGTON ) ss. County of Clallam On thisI_tNdav or IV fN before: me. a Notary Public for the State of Washington. duly commissioned and sworn, personally appeared Frances Charles, to me known to be the Chairwoman or the Business Committee of the Lower Elwha Klallam Tribe, federally recognized Indian "Tribe that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said federally recognized Indian Tribe, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument, and that the seal affixed is the seal of said federally recognized Indian Tribe. Given under my hand and official seal the day and year first in this certificate above written. Notary Public in and for Washington. residing at Part An 1, - NOTARY PUBLIC My coin nnission'expires: STATE OF WASHINGTON Melissa Ann Gilman Expires 09/28/2024 License 20117417 -8-