Port of Edmonds Municipal LeaseMUNICIPAL LEASE
THIS INDENTURE OF LEASE, made and entered into this
day of i(j®�d.;,�P4, 1970, by and between the PORT OF EDMONDS,
a municipal corporation under the laws of the State of Wash-
ington, Lessor, and the CITY OF EDMONDS, a third class city,
Lessee,
GTITNESSETH:
11. Purpose. The purpose of this.lease is to provide an
underwater park over the property hereinafter described for
recreational and educational purposes, preserving the marine
life and ecology of the described area and to enable the Lessee
to provide reasonable regulations for the protection of the
pubic health, safety, and welfare.
2. Description. The Lessor, for and in consideration of
the mutual covenants and agreements herein contained, hereby
demises, lets and leases unto the Lessee the real property
depicted as "Sunken Hulk" on that Engineers' Drawing prepared
by Reid, Middleton & Associates, Inc., identified on said
drawing as File No. 1.728, dated 6/25/69, a copy of which is
attached hereto and by this reference incorporated herein as
if set forth in full.
3. Length of Term. The term for this lease shall be
one year commencing immediately upon the date first above
written. This lease shall be automatically renewed for a
like period from year to year unless notice of intent is
given to terminate said lease by either party in the manner
prescribed hereinafter.
4. Termination. Either party shall have the right at
any time during the term, or extended terms, of this lease
to terminate this lease upon at least thirty (30) days prior
written notice to the other.
5. Utilization by Lessee. The lessee accepts the
demised premises in its present condition and agrees to maintain
the same at its expense. Lessee may utilize said premises for
the general purposes set forth above for an underwater park
and may make such regulations as it deems expedient for the
purpose of providing for -the public health, safety and general
welfare. In no event shall the Lessee give authority to any
persons to swim, explore, fish, utilize boats, or in any
other way leave the described premises on the generally southerly
boundary in the general direction of the Pilings or Ferry Pier
delineated on the Engineer's Drawing, File No. 1.728 incorpor-
ated herein by reference in the paragraph entitled "Description"
hereinabove set forth.
Lessee shall have the right to maintain a float above the
described premises and to delineate perimeter markings around
and leading to the described premises to guide the public
users of said described premises to and from said premises as
well as stay within the boundaries of said premises. It is
understood that at the expiration or termination of this lease
following the notice of termination herein provided for, if any,
by Lessor or Lessee, that the Lessee shall remove or cause to
be removed said float or markings as may unreasonably interfere
with the use of the property by Lessor.
6. Sub -Leasing and Assignment. Neither Lessee nor
Lessor shall sub -let the premises nor assign any part or
parts of this lease or the demised premises which is the
subject matter hereof without the written consent of the other
party hereto.
7. Hold Harmless. Lessee shall utilize said property
and exercise the rights and privileges herein granted in such
manner as in no way to interfere with the operation of Lessor's
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port activities. Lessee recognizes that the Lessor leases
the adjacent southerly premises to the Washington State Toll
Bridge Authority for the operation of a ferry terminal for
the Edmonds -Kingston run. It is understood by the parties
hereto that Lessor has no control over the operations of the
Washington State Toll Bridge Authority and Lessor disclaims
any and all responsibility of every kind and description rela-
tive`to the operations of said Toll Bridge Authority. Lessor
shall not be liable to Lessee, or to any person or persons
whomsoever for any injury or damages to persons or property
which may result by reason of the negligent use, maintenance or
operation of said leased premises or equipment by Lessee or
from the right or negligent use of the right of ingress and/
or egress to and from the same herein granted, and Lessee agrees
to indemnify and save Lessor harmless from any and all costs,
expenses, loss or damage which may be incurred or suffered by
it by reason of such injury and/or damage.
Lessee agrees to maintain in effect at all times during
the term of this lease, and any extension thereof, adequate
policies of insurance satisfactory to Lessor covering the
demised premises and ingress and egress to the same, issued by
an insurance company approved by Lessor and protecting Lessee
and Lessor in the condition and effect of the comprehensive
form of public liability policy with liability limits of not
less than TWO HUNDRED'FIFTY THOUSAND DOLLARS ($250,000.00)
for an accident resulting in injuries to or death of one person
and, subject to the same limit for each person, of FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) for an accident resulting in
injuries to or death of two or more persons and liability
limits of not less than FIFTY THOUSAND DOLLARS ($50,000.00)
for property damage. Lessee shall provide Lessor with a
certificate evidencing such insurance upon request by Lessor.
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8. Access to Lessor. Lessor shall have, during the
term hereof, the right of,unrestricted access for persons
and equipment to, over and above the described property for
such purposes as are reasonable necessary for the conducting of
its own municipal services.
9. Covenant Binding Assigns. The covenants, conditions
and terms of this lease shall'be binding upon the respective
parties and their successors and assigns, in the event written
assignment is approved as set forth in paragraph 6, hereinabove.
10. Place of Notice. In the event any written notice
or notices required or contemplated by the terms of this lease
are made by one party to another herein said written notices
shall be directed to the following addressed:
Lessor: Port of Edmonds
456 Admiral Way
Edmonds, Washington 98020
Lessee: Mayor and City Council
City of Edmonds
Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
IN WITNESS WHEREOF, the PORT OF EDMONDS, Lessor, and the
CITY OF EDMONDS, Lessee, and on their behalf their respective
officers have signed and countersigned this instrument, and
caused their corporate seals to be hereto affixed, pursuant
to authority duly granted, on or before the day and year first
above written.
ATTEST:
PORT OF . + .
CITY OF
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EDMONDS
H. Y. HARRISON, MAYOR
IRFa14E VARNEY MORAi CITY CLERK
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