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HomeMy WebLinkAbout2.10C Original Contract Second Amendment to Lease Agreement Between City of Port Angeles and Puget Sound Pilots This is the second amendment to the Lease Agreement dated January 1, 1995 ("Lease")by and between the City of Port Angeles ("City") and Puget Sound Pilots ("Pilots"); WHEREAS,the First Amendment to the Lease provided the Pilots with an option to renew the Lease for an additional term of eight (8) years; and WHEREAS,the parties wish to amend the Lease to extend the term as provided in the First Amendment to the Lease; WHEREFORE,the parties in consideration of the mutual covenants contained herein,hereby agree as follows: 1. The provisions in Section 2 of the Lease shall be replaced with the following language: This Lease which commenced on the first day of January, 1995, will terminate at midnight June 3, 2021,unless sooner terminated in accordance with the terms hereof. Subject to all of the conditions,restrictions,provisions and renewal of the underlying lease from the United States of America to the City of Port Angeles dated August 17, 1914, and all conditions,provisions, and restriction of any succeeding leases,the Pilots shall have the option to renew this lease for an additional term of eight(8)years. 2. The provisions in Section 6 of the lease shall be replaced with the following language: The Pilots agree to pay the City during the term of this Lease the annual sum of $300.00 plus Department of Revenue leasehold tax (taxes currently 12.84%) as minimum rent,payable in advance on the 15th day of January of each year;provided,however,that the minimum rent set forth shall be increased yearly to reflect the increase,if any, in the cost of living as indicated by the Consumer Price Index for Puget Sound or regional index as published by the U.S. Department of Labor's Bureau of Labor Statistics (the"Index"). Any adjustment of minium rent shall become effective immediately.If the Index is discontinued the City shall substitute a similar index of consumer prices. In addition to the annual rental,Pilots shall reimburse the City for its proportionate share of rip rap nourishment costs assessed by the Corp of Engineers. Pilots proportionate share shall be determined by dividing the length of Pilots' leasehold(150 feet)by the total linear lease footage(10,800 feet)which equals .0138; times the amount assessed to the City plus a$1000 base rate. The rip rap nourishment is performed approximately every five(5) years. Said amount shall become due and payable upon billing by the City. 3. Except as expressly provided above, the 1995 Lease Agreement and the 2002 First Amendment are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have executed this instrument as signed and dated below: CITY OF PORT ANGELES PUGS . SOUND PILOTS By: By: • 44.i+ii. , A , el Its: It•/ / 1S(0IG/Ce- Date: Date: j`7 2 2 20-/..? G:V.EGALIa REAL ESTATEIPUGET PILOTS\2nd.Amendment.Puget.Pilots.3.5.13.wpd G:ILEGAUa REAL ESTATEIPUGET PILOTS\2nd.Amcndmenl.Pugct.Pilots.3.5.13.wpd 3. Except as expressly provided above, the 1995 Lease Agreement and the 2002 First Amendment are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have executed this instrument as signed and dated below: CITY OF PORT ANGELES ^^ nn PUGET SOUND PILOTS By: CID-2-L) " yC By: Its: 01GI1/0 U� )))))) Its: Date: MAT 91, 20 i3 Date: G:\LEGAL\a REAL ESTATE\PUGET PILOTS\2nd.Amendment.Puget.Pilots.3.5.13.wpd G:\LEGAL\a REAL ESTATE\PUGET PILOTS\2nd.Amendment.PugetPilots.3.5.13.wpd LESSOR ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. COUNTY OF CLALLAM ) � ��) 11 On this 1 day of /VUti ,2013,before,me a Notary Public in and for the State of �A1ousI 1u�`'`kOr— persona appeared �,hr..A'Ck1 AO , personally known to me (tor proved to me on the basis of satisfactory evidence) to be the person who executed this instrument,on oath stated that he/she was authorized to execute the instrument,and acknowledged it as the �� 1✓ of the City of Port Angeles,to be the free and voluntary act and deed of said party for the ses and purposes mentioned in the instrument. IN WITNESS WHEREOF,Ihave hereunto set my hand and official seal the day and year first above written. Notary Public NO ' •1'Y PUBLIC�in and for the State of Washington State of Washington resi.rng at CeaL. l4,t Cu JANESSA M. HURD My appointment expires [an, ai apl q MY COMMISSION EXPIRES Print Name, 1I _�dnflSSa 7rLrr MAY 27, 2014 a.. LESSEE ACKNOWLEDGMENT STATE OF WASµtsfcrTm") ) ) ss. County of kt d G- ) ) On this a Qom' day of APRIL- ,2013,before me a Notary Public in and for the State of WASH- 4/ personally appeared 3igBT1fnw Wfgb a-n-6 known to me proved tp me on the basis of satisfactory evidence)to be the • inar" _ ,, •• r'Se ` , .r respectivety`ofthe Puget Sound Pilots,the:. ti !i.at executed the within and foregoing Mstrun�gn and acknowledged said instrument Dr to the free and voluntary act and deed of said xuznieipal cer rekttm, tat the uses and purposes therein mentioned,and on oath stated that they were authorized to execute said instrument1and thot t1,#opal affixed IN WITNESS WHEREOF,Ihave hereunto set my hand and official seal the day and year first above written. ■µ1GIA 0 sir NOTARY PUBLIC in and for the State of W A S Ff ;�/GTOn/ cjP °i 'aY a �, residing at Re,!7—on/ w A v +04. '% �) My appointment expires o q • 4 171 • Print Name pin-e rcts D D . MOORE •'PA 4 9 , °el1G i 15`x; 0,t. 4IIu.e,.ao 4 'I!I WAS1402.. ' MEMO' CITY ATTORNEY Craig Knutson CIty Attorney [4531 ] Dennis Dickson Sr. Assistant City Attorney [4532] Candace Kathol Legal AssIstant [4536] DIana Lusby Administrative AssIstant [4530] Jeanie DeFrang Administrative Assistant [4530] Teresa L. Pierce Legal Records Specialist [4576] F10RT'P}.N I, .! j ,"'" . . ~. j ELE!S 11;:N ! I' WAS H I N G TON, U. S. A. TO: FROM: DATE: RE: Becky Upton, City Clerk Teresa Pierce, Legal Records Specialist / City Attorney June 25,2002 Puget Sound Pilots Lease / Signed original Enclosed is the fully executed First Amendment to Lease Agreement between the City and Puget Sound Pilots. . The Pilots have retained a copy for their records. Respectfully, C/~0~~lL- Teresa L. PierV ' encl. C'\Teresa WP\MyFiles\MEMOS\AMEMOMASTERtlp.wpd ~. IO~ ! First Amendment to Lease Agreement Between City of Port Angeles and Puget Sound Pilots This is the first amendment to the lease agreement dated January 1, 1995 ("Lease") by and between the City of Port Angeles ("City") and Puget Sound Pilots ("Pilots"); WHEREAS, the parties wish to amend the Lease to modify the Lease to extend the term of the Lease, modify the legal description of the properties leased and to provide for periodic reimburst~ment of costs associated with rip rap nourishment, WHEREFORE, the parties in consideration ofthe mutual covenants contained herein, hereby agree as follows: 1. The provisions describing the legal description shall be replaced with the following language: Legal description per attached Exhibit "c" and map per attached Exhibit "D". 2. The provisions in Section 2 of the Lease shall be replaced with the following language: This Lease which commenced on the first day of January, 1995, will terminate at midnight June 3, 2013, unless sooner terminated in accordance with the terms hereof. Subject to all ofthe conditions, restrictions, provisions and renewal ofthe underlying lease from the United States of America to the City of Port Angeles dated August 17, 1914, and all conditions, provisions, and restriction of any succeeding leases, the Pilots shall have the option to renew this lease for an additional term of eight (8) years. 3. The language in Section 6 of the Lease shall be modified as follows: The Pilots agree to pay the City during the term of this Lease the annual sum of $300.00 plus Department of Revenue leasehold tax (taxes currently 12.84%) as minimum rent, payable in advance on the 15th day of January of each year; provided, however, that the minimum rent set forth shall be increased yearly to reflect the increase, if any, in the cost of living as indicated by the Consumer Price Index for Puget Sound or regional index as published by the U.S. Department of Labor's Bureau of Labor Statistics (the "Index"). Any adjustment of mini urn rent shall become effective immediately. Ifthe Index is discontinued the City shall substitute a similar index of consumer prices. In addition to the annual rental, Pilots shall reimburse the City for its proportionate share of rip rap nourishment costs assessed by the Corp of Engineers. Pilots proportionate share shall be determined by dividing the length of Pilots' leasehold (150 feet) by the total linear lease footage (10,800 feet) which equals .0138; times the amount assessed to the City. The rip rap nourishment is performed approximately every five (5) years. Said amount shall become due and payable upon billing by the City. IN WITNESS WHEREOF, the parties hereto have executed this instrument as signed and dated below: City of Port Angeles BY:~~ ...---- Its: ~ /f-y0''<- Date: C. - / P - c:> 2--/ LESSEE: Puget Sound Pilots By: Wd~~ A/ 5~ .0.- - .-r Its: r {LeSt () e,u,- Date: 6/";21-- &1'.:2.. G \APPS\DISTCRT\REAL ESTATE COMMITTEE\PUGET PILOTS\! stAmendment wpd LESSOR ACKNOWLEDGMENT STATE OF WClc;.~\'(\.~\o'f'\ COUNTY OF c.\~\\p,.'<'C'\ ) ) ss. ) ) On thIS \ ~~ day of , 2002, before me a Notary PublIc m and for the State of \,;:)~\x-,,~~ , ersonallyappeared 6\Q..'t\.Y'\. W\~~,..;..'S. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed thIS instrument, on oath stated that he/_ was authorized to execute the mstrument, and acknowledged it as the _~~ of the CIty of Port Angeles, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the mstrument. IN W~~~~~REOF, I have hereunto set my hand and official seal the day and year first above wntten. ~~~.~~...ff.~ *~S'", '~\'l>& on -..r.O;~ ~ ~ ,'i$' ~. ~~ ~ ..., . 0 .''Y'' ~ S :0 ~OTAR y iP'~ :: ::: .......... : = - . . - S (p.'. PUBl\C ..~;:: ~ ~'. ~I: ~";;':f!4)' 25 ~.,~ ~ ~f Oi:'W~s~\f.~ 1"1"'1I"\\\\~ ~~~.~~~ NOT AR PUBLIC in and for the State of resIdmg at ~o~ o...,,~~ My appomtment expIres :, - at5' -0 ~ Pnnt Name ~ JUt..'(\. ~.e. ~ '~V2"~~J Q , ~\.N'\~ LESSEE ACKNOWLEDGMENT STATE OF ) ) ss. ) ) County of On thIS ~ ,.&1.. day of J Lv\..-e.... , 2002, before me a Notary Public in and for the State of _~~h~~h.~______________, personally appeared w~llL~~~__ and ? '" ~ s I -e. ct known to me (or proved to me on the basIs of satIsfactory eVIdence) to be the person W; l\;<<L'"-. 'Bitt' 1<.. and 'Pre-c.; cl ~u::b respectively, ofthePuget Sound PIlots, the corporatIon that executed the within and foregomg instrument, and acknowledged Said instrument to the free and voluntary act and deed of saId municIpal corporatIon, for the uses and purposes therem mentIoned, and on oath stated that they were authonzed to execute Said mstrument, and that the seal affixed is the seal of said municipal corporatIOn. IN WITNESS WHEREOF, I have hereunto set my hand and offiCIal seal the day and year first above wntten. ~.:--) f). '#!~ NOTARY PUBLIC in and for the State of fA} a-S k; "'3 -t-tJ l.1 resIdmg at R.Q. My appomtment ex Ires Pnnt Name .J.t:.; (,.; ~ LEASE: Puget Sound Pilots Ediz Hook, Port Angeles Townsite, Washington EXHIBIT "C" All those portions of the following described Ediz Hook Lease Lot 8 and Outlot 7: LEASE LOT 8 AND OUTLOT 7: Those portions lying southerly of Ediz Hook Road and extending 185 feet westerly of the present location of the United States Coast Guard Base westerly preimeter fencing necessary for equipment, vehicle parking and refuse containers. ALSO: All that portion of the tidelands lying southerly of the above described Lease Lot 8 and Outlot 7 necessary for maintenance and repair of facilities together with space for three overflow parking spaces in Lease Lot 8 and Outlot 7 northerly of Ediz Hook Road. RESERVING UNTO THE GRANTOR: an easement and right of entry upon the property to repair, construct, reinstall and otherwise maintain existing utilities and roadway. G \APPS\DISTCRT\REAL ESTATE COMMITTEE\PUGET PILOTS\exhlblt c wpd ~ I, ~ t J:~ ~iJ> , r~:<i;T' /'ft~',...:;. t,' .....J('~~..., I L " '--, i , Ij ( 't,' "'- .../ \~~ '" ] i I ~ll " ~ " 'tl CO o 0> ell ..J - ~ ,S ~ " c; --1z - " :; U ~ g :: o :: ?- m I x UJ ,,- '" l1, ~ ~~ ?, 1~ ~ :-; C'l :: . ~ a. .~~, '"#;ff:*... '~'L.,_. _ _'~ t ~ ~,o';"-~1 C>~:f~~~~ ? r'~~ -"~....... -_ ,;jK~" ,f,'- j :!~~' 1'" ~,~ ; ~'toK /"'- :. """"'--~ ~_=:...-.._--- " . ~ -. . ~' . ,;(. j D L , . . LEASE AGREEMENT THIS LEASE AGREEMENT, made this 1st day of January, 1995, by and between the City of Port Angeles, a municipal corporation of the State of Washington, hereinafter known as the CITY, and The Puget Sound Pilots, hereinafter known as the PILOTS, WIT N E SSE T H: For and in consideration of the mutual promises, covenants and conditions set forth herein, the City does hereby covenant and agree with the Pilots to let, demise and sublease unto the Pilots that certain tract or parcel of land, being a part of the land reserved for lighthouse purposes, said land hereby subleased being more particularly described as follows: LEGAl, DESCRIPTION PER ATTACHED EXlDBIT "A" AND MAP PER ATTACHED EXHIBIT "B". 1. This Lease and all its provisions and any renewals thereunder are subject to all the conditions, restrictions, provisions and renewal of the underlying Lease from the United States of America to the City of Port Angeles, dated August 17, 1914, and all conditions, provisions and restrictions of any succeeding leases. 2. This Lease shall commence on the 1st day of January, 1995, and terminating at midnight on July 29, 2009, unless sooner terminated in accordance with the terms hereof. 3. The premises hereby leased are to be used for and in connection with the Pilots operations and any and all operations necessary or incidental thereof, and the said premises shall not be used for any other purpose without the written consent of the City. 4. It is agreed that if the Pilots fails to operate for a period of one (1) year without good cause being shown therefor, then the City Council of the City of Port Angeles, at its option, after giving the Pilots six (6) months notice in writing of its intention so to do, may revoke and declare this Lease forfeited. The Pilots, at its option, after giving the City six (6) months written notice of its intention so to do, may terminate the lease, subject to paragraph 12. 5. The Pilots shall not use said premises or permit the same to be used, or shall not operate on or permit the operation upon these premises any unlawful activities or any public nuisance or any business which is in violation of the laws of the United States of America, of the State of Washington, or the ordinances of the City of Port Angeles. 6. The Pilots agrees to pay the City during the term of this lease the annual sum of Two Hundred Fifty Dollars ($250.00) plus Department of Revenue leasehold tax (tax is currently 12.84%, or $32.10 annually) as minimum rent, payable in advance on the 15th day of January of each year; provided, however, that the minimum rent set forth shall be increased at three (3) year intervals in order to reflect the cumulative proportionate - 1 - , " ,I . increase, if any, occurring between the commencement date and such adjustment date, in the cost of living as indicated by the Consumer Price Index for the Puget Sound or regional area as published by the U.S. Department of Labor's Bureau of Labor Statistics (the "index"). Such adjustment shall be accomplished by multiplying the minimum rent ($250.00) by a fraction, the numerator of which shall be the index level as of the January preceding the date of adjustment, and the denominator of which shall be the index level as of the January preceding the lease commencement date. Any adjustment of minimum rent shall become effective immediately. In no event shall the minimum rate be less than that specified as the minimum rent ($250.00). If the index is discontinued, the City shall substitute a similar index of consumer prices. 7. The Pilots shall not sublease or underlet any part of said premises nor assign this sublease without the written consent of the City and approval of the United States of America. All parties subleasing from the Pilots shall be required to save and hold harmless the City as set forth in paragraphs #8 and #9. 8. The Pilots and all sublessees from the Pilots shall forever save and hold harmless the City from all damages for any injury to person or property that may be caused in any manner by the use of the Pilots and all sub lessees of the premises hereby leased or by the construction or maintenance of any private way therein, and shall defend in all courts any litigation against said City at the expense of said Pilots and sub lessees arising from such injuries, except the Pilots and sub lessees shall have no obligation to defend or save and hold the City harmless for damages arising from the negligence of the City, its agents, contractors or employees. The Pilots and all sublessees of the Pilots shall provide proof of insurance satisfactory to the City's liability carrier. 9. The Pilots and all sublessees shall not hold the City of Port Angeles liable for any damage which may be sustained by the Pilots by reason of cancellation of the underlying lease from the United States Government unless cancellation resulted from the failure of the City to comply with the terms of the lease from the United States Government. 10. It is covenanted and agreed that the Pilots shall not construct any facilities or improvements upon the property without a review by the City. All structures and improvements shall comply, and be consistent with, City zoning and building regulations as well as all other federal, state and municipal regulations governing the use and construction on the property. 11. EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION/ FACILITIES NON- DISCRIMINATION (The following clause is applicable unless, and to the extent that, this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor, including 41 CFR, Ch. 60.) - 2 - ... . During the performance of this contract, the Pilots agree as follows: a. The Pilots will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The Pilots will take affinnative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The Pilots will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veter~s' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Pilots agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity Affirmative Action clause. b. The Pilots will, in all solicitations or advertisements for employees placed by or on behalf of the Pilots, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the Pilots are under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veteran status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract performance will be listed at the state employment source office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the Pilots intend to fill from within its own organization or under a customary and traditional employer-union hiring agreement. c. The Pilots will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency Contracting Officer, advising the said labor union or worker's representative of the Pilots' commitment under this Equal Opportunity/ Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Pilots will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, and the Rehabilitation Act of 1973 (29 USC 793), as amended. - 3 - , . . .... .' 1/' e. The Pilots will furnish all infonnation and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. f. The Pilots will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: 1. Deny an individual any services or other benefits provided under this agreement; 2. Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this agreement; 3. Subject an individual to segregation or separate treatment in any manner related to the receipt of any services(s) of other benefits provided under this agreement; 4. Deny any individual an opportunity to participate in any program provided by this agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this agreement. The Pilots, in detennining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. g. In the event of the Pilots's noncompliance with the nondiscrimination requirements of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended, in whole or in part, and the Pilots may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The Pilots will include the provisions of paragraphs (a) through (g) in every subcontract unless exempted by the rules, regulations, or orders of the Secretary of Labor. - 4- 11 '. 12. The City hereby covenants with the Pilots for the quiet possession of said premises according to the rights of the City under the original lease from the United States dated August 17, 1914, and the Pilots agree with the City to quit and surrender said premises in as good order as at the date hereof, and shall, at the City's option, remove all buildings and other property belonging to it therefrom at the expiration of this Lease, or in case of the prior termination thereof for default or voluntary termination by the Pilots. 13. It is covenanted and agreed that the Pilots shall not construct or maintain any obstruction to air navigation on the leased premises exceeding the following limiting heights above ground level: Commencing at Point "A", 200 feet from the end of the U. S. Coast Guard Air Station, Pilots Angeles, runway, on the extended runway centerline, said Point "A" described further as follows: Washington State Coordinate System, North Zone, coordinates, x = 1,367,939.34, Y = 427,160.79; no obstruction for 12,000 feet from Point" A" outward from the end of the runway along the centerline extended and on either side thereof shall penetrate a plane originating at Point "A" with a slope of 50: 1. 14. This Lease shall not become operative or binding on either party hereto unless and until it shall have been approved by the United States Federal Government. 15. The Pilots shall have the right to renewal of this Lease or a similar lease for the same term and length of the DNR Lease as renewed at the termination of this Lease provided that the City retains the right to adjust the rental amount for the new period, not to exceed the fair market rental value of a State certified appraisal commissioned by the City and paid for by the Pilots. Rental rates shall not include the value of any improvements owned or constructed by the Pilots or its sublessees. 16. This instrument contains the entire agreement between the parties and no statement, promises or inducements made by either party or agent of either party that is not contained in this written instrument shall be valid or binding; and this lease agreement may not be enlarged, modified or altered except in writing by both parties and endorsed hereon. DATED the day and year first above written. CITY OF PORT ANGELES BY~~en~~;t &~'a' 4-F~ Becky J. U on, ity Cle k PUGET SOUND PILOTS By f3JUGf- c. lJ;~ u.-/ Dert C. Holffies, President , .. , 0 AP~ AS TO FORM: l .~~ Craig D. .utson, City Attorney I / . - - I " , , \ \ - 5 - ~ '. STATE OF WASHINGTON ) ) SS. COUNTY OF CLALLAM ) This is to certify that on this c2 !~'f day of I~~ ' 1995, before me, a Notary Public in and for the State of Washington, duly comffilSSl ned and sworn, personally appeared JOAN K. SARGENT and BECKY J. UPTON, to me known to be the Mayor and City Clerk, respectively, of the City of Port Angeles, the municipal corporation that executed the within and foregoing instrument, and acknowledged said 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.tn,ex were authorized to execute said instrument, and that the seal affIxed is the seal of ~\\\\~~JWM'~rporation. , ~ ~\.V; ~~ ~ ~ a~ .............. '<-'^ ~ ~ :"'!t -. ''''''; .,. i Gi Oll1ilW J.-mfhapd and offIcial seal the st above written. - . . - 7209'- =~ ..8: :: - . - ~ ~ :~::. ~ "r,~ Cl8L\C./ 0 ::: ~ , " ~ ~ Q _\.0 ~ ~ 'I: ".Aa~\~ ~ ~Jj ... ~ \\,.... 1//11""'''''\\\\ STATE OF WASHINGTON ) ) SS. COUNTY OF SK'OHOMISH ) This is to certify that on this 30twayof Januarv , 1995, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Bert C. Holr:'.es and Jay S. Niederhauser to me known to be the President and See. j'l'reas. respectively, of the Puget Sound Pilots, the corporation that executed the within and foregoing instrument, and acknowledged said 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 they were authorized to execute said instrument, and that the seal affixed is the seal of said municipal corporation. Given under my hand and official seal the day and year fIrst above written. , /t (J Notary Public in and for teState of Washington, residing at Ec.:rr.oncls, 'Vlashinqton My commission expires: January 27th, 1997 C.\DATA\WP\KEEPERS\PSPILOT LSE - 6 - ., :. . . . . LEASE: Puget Sound Pilots Ediz Hook, Port Angeles Townsite, Washington EXHIBIT "A" All that portion of the following described Ediz Hook Lease Lot 8: LEASE LOT 8: The easterly 100 feet of the southerly 30 feet, adjacent to and westerly of the United States Coast Guard property. ALSO: All that portion of the tidelands lying southerly of Lease Lot 8 necessary for maintenance and repair of facilities. TOGETHER WITH: those portions lying northerly of the roadway that are necessary for the maintenance and repair of an existing underground drain field. Also an area for parking three (3) vehicles on an "as needed" overflow basis. Said vehicles will be identifiable as Puget Sound Pilot employee vehicles. RESERVING unto the Grantor an easement and right of entry upon the property to repair, reconstruct, reinstall or otherwise maintain existing utilities and roadway. par)C:\DA T A\WP\KEEPERS\PAPILOT.LSE ~ .1 H)::;:: '" I 01 !)NUSIJf.1 II I ' ' ,/;' -:,'>:'~/"////. 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