Loading...
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 -2- 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. -3- 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 _4 EDMONDS H. Y. HARRISON, MAYOR IRFa14E VARNEY MORAi CITY CLERK -4-