HomeMy WebLinkAboutPort of Pasco 2016-2021 Lease for 1011 E AinsworthPORT OF PASCO
TERM BUILDING LEASE
LEASE
P 0 Box 769
PASCO, WA 99301
509)547-3378
THIS LEASE AGREEMENT made this :&—day of14/ .2016, by and between the PORT OF PASCO,a municipal
corporation organized and existing under the laws of the State of Washington, hereinafter referred to as "PORT" and City of
Pasco, a Washington municipality, hereinafter referred to as "Lessee".
WITNESSETH: THAT THE PARTIES DO HEREBY MUTUALLY AGREE AS FOLLOWS:
ARTICLE 1 • LEASED PREMISES
The Port hereby leases to the Lessee and the Lessee hereby hires from the Port the following described Premises situated in
Franklin County, State of Washington:
Approximately 16,833 square feet of Building OP1011 located at 1011 E Ainsworth Street plus 1.6 acres of
land surrounding the building.
hereinafter called the "PREMISES".
ARTICLE 2 • TERM
This lease shall be for a term of five (5) years, commencing September 1, 2016 and ending August 31, 2021. Provided, whether
or not this lease is signed by both parties or not, this Lease shall not become effective until the Lessee has provided the Port with
the Bond or other security required by Article 6 and the proof of insurance as required by Article 17 of this Lease. Upon execution
of this Lease by both parties; and compliance by Lessee of the provisions described above, the Lease will be in effect, and shall
commence on the commencement date stated above in this Article 2.
ARTICLE 3 •OPTION TO RENEW RENTAL ADJUSTMENT
Provided, the Lessee is not in default in any provision of this Lease, the Lessee shall have, and it is hereby given and granted by
the Port, two (2) options to renew this lease for an additional term of five (5) years each according to all the terms, provisions,
covenants, and agreements in this lease contained, except the provisions specifying the rental to be paid by the Lessee to the
Port for the leased Premises. In the event the lease term, including any option period, shall extend the lease term beyond three
3) years, or any successive multiple of three (3) year terms, the rental amount shall be subject to an increase as outlined in this
lease. This option shall be exercised automatically unless the Lessee gives the Port written notice of its intent to not extend the
term of this lease. Such written notice shall be mailed by certified mail not less than one hundred and eighty (180) days prior to
the date of which the lease would otherwise extend. Wherever in the lease agreement reference is made to "the term of this
lease", or words of like or similar import are used, they shall always be deemed and construed to include a renewal term of this
lease, unless the context clearly requires a contrary construction.
The Lessee intends to sublet a portion of the Premises to Franklin County Emergency Management. If the Lessee provides notice
that they will not extend the terms of this lease, Franklin County Emergency Management will have the option to enter into their
own lease with the Lessor by providing written notice to the Port of their intent. Such written notice shall be mailed by certified
mail not less than one hundred and eighty (180) days prior to the date of which the lease with the Lessee would expire and a
subsequent Lease with Franklin County Emergency Management will be entered into prior to the expiration of the Lessee's lease.
ARTICLE 4 • RENT
Lessee agrees to pay as rental for the leased Premises the sum of FIVE THOUSAND FIVE HUNDRED EIGHTY-FIVE DOLLARS AND
76/100's ($5,585.76) per month. Lessee shall pay all leasehold excise, if any, taxes, if any, due and owing on all taxable rent
consistent with RCW Chapter 82.29A relating to leasehold excise tax, and any subsequent revision and amendments thereto.
Taxable rent includes contract rent which is the amount of consideration due as payment for a leasehold interest, including the
total of cash payments made to the Port, or to any other party for the benefit of the Port according to the requirements of the
Lease agreement, including, but not limited to: any payments paid by a sublessee; expenditures for the protection of the Port's
interest when required by the terms of the Lease or agreement; and expenditures for improvements to the property to the extent
that such improvements become the property of the Port. The rent for each month shall be paid to the Port in advance on or
before the first day of each and every month of the lease term and shall be payable at such place as the Port may hereafter
designate.
Lessee acknowledges that late payment by Lessee to Port of Rent or other sums due hereunder will cause Port to incur costs not
contemplated by this Lease, the exact amount of which would be extremely difficult and impractical to ascertain. Those costs
COP -TB -080116 -1-
PORT OF PASCO
TERM BUILDING LEASE
P 0 Box 769
PASCO, WA 99301
509)547-3378
include, but are not limited to, processing expenses, accounting expenses, and legal fees. Therefore, in the event Lessee fails to
pay any installment of Rent or any other sum due hereunder within thirty (30) days after that amount is due, Lessee shall pay to
Port, as Additional Rent, a $100.00 late charge. Waiver of the late charge with respect to any installment or sum will not be
deemed to constitute a waiver with respect to any subsequent late charge, which may accrue. In the event any amount so due
is delinquent for a period in excess of thirty (30) days, Lessee shall pay Port an additional late charge, computed at the rate of
1%% per month upon the total amount so overdue and for each day following its due date that the payment is delinquent. Lessee
shall pay Port a standard charge for each returned check based upon the amount banks are then charging. Lessee shall also pay
the sum of $100.00 for the service of any notice associated with a default of any kind by Lessee to reimburse Port for the cost of
the preparation and service of such notice.
ARTICLE 5 • RENT INCREASE
Afterthe lease has run for the first three (3) years, or for any succeeding three (3) year period (s), any increased rental to be paid
by the Lessee and charged by the Port shall be determined as outlined in this section as the rental for each succeeding three (3)
year period. The nearest quarterly consumer price index (hereinafter called the Index) to the commencement date of the initial
term of this lease, or the commencement date of any current succeeding rental adjustment period, shall be the base Index and
it shall be based on the data of the Seattle, Washington Index for all items of the Bureau of Labor Statistics of the United States
Department of Labor. The quarterly Index issued nearest in point of time to the date at the end of the then current rental period
shall be the current Index. The current Index number shall be divided bythe base Index number. From the quotient thereof, there
shall be subtracted the integer 1, and any resulting positive number shall be deemed to be the percentage of increase in the cost
of rent for the succeeding period. The rent being paid in the current rent period shall be multiplied by the percentage increase to
establish the rent increase which shall be added to the current rent to establish the new rental for the next succeeding period.
Provided further that any increase during such three year interval shall be limited and shall be no more than fifteen percent (15%)
over the rental determined at the previous three year determination.
The Port shall, within a reasonable time after obtaining the appropriate data necessary for computing such increase, give the
Lessee notice of any increase so determined, and the Port's computation thereof shall be conclusive and binding but shall not
preclude any adjustment which may be required in the event of a published amendment of the Index figures upon which the
computation was based unless the Lessee shall, within 60 days after the giving of such notice, notify the Portof any claimed error
therein. If, atthe time required forthe determination of the additional rentthe Index is no longer published or issued, the parties
shall use such other index as is then generally recognized and accepted for similar determination of purchasing power. Any
dispute between the parties as to any such rental computation shall be determined by binding arbitration pursuantto RCW 7.04A.
If arbitration is requested by either party, the parties shall first confer to determine a neutral arbitrator or for the appointment
of the arbitrator by the Superior Court of Franklin County, Washington, as provided below. In the event the parties are unable
to agree to a single arbitrator, the dispute shall be resolved by tri -parte arbitration wherein each party shall notify the other party
of their choice of one arbitrator each, and each party shall instruct their arbitrator to meet with the arbitrator selected by the
other party, and it shall be their duty to mutually agree upon a third arbitrator. These three arbitrators shall then, as soon as
practicable, meet to determine what rental adjustment, if any, should be made in accordance with the above guidelines. The
majority decision of such arbitrators shall be binding upon both parties thereto. Each party shall be responsible for the fee charged
by their selected arbitrator and shall bind themselves to share equally in the fee charged by the third arbitrator. In the event the
decision of the arbitrators, or the Port where arbitration is not involved, is not available before the commencement of the next
succeeding rental term, the Lessee shall continue to pay rent at the then current rental rate and any change in that amount made
by the arbitrators, or the Port where arbitration is not involved, shall be promptly paid retroactively by the Lessee. If either party
fails to appoint an arbitrator or if the two arbitrators that are appointed fail to select a third arbitrator within a reasonable time,
either party shall have the right to apply to the Superior Court of Franklin County, State of Washington, for appointment of an
arbitrator.
In lieu of the automatic increase in Rent determined as hereinabove provided, either party may elect to have the rental adjusted
as of any Rental Adjustment Date as follows:
Ninety (90) days or more prior to a particular Rental Adjustment Date, either party may notify the other in writing of its election
to have the Rent established at fair market value as hereinafter determined, in lieu of the CPI adjusted Rent. The Port and Lessee
shall attempt to agree upon Rent for the Premises until the next Rental Adjustment Date, or the expiration of the term of the
Lease, as the case may be (the "Succeeding Period"), such Rent to equal at least one hundred percent (100%) of the fair market
rental value of the Premises for the Succeeding Period. If the parties are unable to agree upon the Rent for the Succeeding Period
within thirty (30) days, then within ten (10) days thereafter each party, at its own costs and by giving notice to the other party,
shall appoint a real estate appraiser with at least five (5) years full-time commercial real estate appraisal experience in the area
in which the Premises are located to appraise and set Rent for the Succeeding Period. If a party does not appoint an appraiser
within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be
COP -TB -080116 - 2 -
PORT OF PASCO
TERM BUILDING LEASE
P 0 Box 769
PAsco, WA 99301
509)547-3378
the sole appraiser and shall set Rent for the Succeeding Period. If there are two appraisers appointed by the parties as stated in
this paragraph, they shall meet promptly and attempt to set Rent for the Succeeding Period. If the two appraisers are unable to
agree within thirty (30) days after the second appraiser has been appointed, they shall attempt to select a third appraiser meeting
the qualifications stated in this paragraph within ten (10) days after the last day the two appraisers were given to set Rent. If the
two appraisers are unable to agree on the third appraiser within such ten (10) day period, either of the parties to this Lease, by
giving ten (10) days' notice to the other party, may apply to the presiding judge of the Superior Court of Franklin County, for the
selection of a third appraiser meeting the qualifications stated in this paragraph. Each of the parties shall bear one-half (1/2) of
the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be
a person who has not previously acted in any capacity for either party.
Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set Rent for the Succeeding
Period. If a majority of the appraisers are unable to set Rent within the stipulated period of time, the three appraisals shall be
added together and their total divided by three (3). The resulting quotient shall be the Rent for the Premises during the
Succeeding Period. If, however, the low appraisal and/or the high appraisal is/are more than five percent (5%) lower and/or
higher than the middle appraisal, the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is
disregarded,the remainingtwo (2) appraisalsshall beadded together and their total divided bytwo (2), and the resulting quotient
shall be Rent for the Premises during the Succeeding Period. If both the low appraisal and the high appraisal are disregarded as
stated in this paragraph, the middle appraisal shall be Rent for the Premises during the Succeeding Period. In setting Rent, the
appraiser or appraisers shall not take into consideration any properties located outside of the geographic location of the Premises.
After Rent for the Succeeding Period has been set, the appraisers shall immediately notify the parties thereof in writing, certified
mail, return receipt requested.
In no event shall any appraisal procedures provided for herein, nor any determination by the parties hereto, result in Rent for
any period being less than Rent for the immediately preceding period.
ARTICLE 6 • BOND
Lessee shall not be required to provide a bond or other security for rent as allowed under RCW 53.08.085.
ARTICLE 7 • USE OF PREMISES
Lessee shall use the Premises for administration and other activities associated with emergency management, public safety,
utilities and other similar municipal functions. Emergency management shall include emergency preparedness and response for
Port facilities, such as but not limited to the Tri -Cities Airport and Big Pasco Industrial Center, and for freight transportation
facilities, such as, but not limited to the Burlington Northern Classification Yard and port facilities located on the Columbia and
Snake River. The Lessee shall not use them for any other purpose without the written consent of the Port.
ARTICLE 8 • UTILITIES
The Lessee shall be liable for and shall pay, throughout the term of this lease, all charges for all utility services furnished to the
Premises, including but not limited to electricity, gas, water and garbage disposal. The Lessee shall make application directly to
Public Utility District #1 of Franklin County for its own electric service and, if the Lessee is required to have its own electric meter
and meter loops, then it shall apply to said utility district for said meter and to any qualified electric contractor for a meter base
and meter loop, all at the expense of the Lessee. In the event a water meter is necessary, it also shall be paid for and installed at
the expense of the Lessee; otherwise, water and sewer service will be billed monthly by the Port on the basis of the Port's prorate
schedule. Port reserves the right to adjust, from time -to -time, its charges for water and sewer service. Any Lessee not having a
water meter and having a water type air conditioner on the Premises shall equip and maintain said air conditioner with a fully
operating recirculating water pump system.
ARTICLE 9 • ACCEPTANCE OF PREMISES
Port makes no representations or warranties to Lessee regarding the Premises suitability for the Lessee's intended purpose.
Lessee shall be responsible for performing any work necessary to bring the Premises into condition satisfactory to Lessee. By
signing this Lease, Lessee acknowledges that it has had adequate opportunity to investigate the Premises, acknowledges
responsibility for making any corrections, alterations and repairs to the Premises (other than the Port's Work as provided in
Section 10 below), and acknowledges that the time needed to completed any such items shall not delay the Commencement
Date. Lessee acknowledges that the roof of the Premises may leak from time to time as a result of the age of the roofing materials
and the design of the roofs. Notwithstanding any other provision herein to the contrary, the Port makes no warranty whatsoever
COP -TB -080116 - 3 -
PORT OF PASCO
TERM BUILDING LEASE
P 0 Box 769
PASCO, WA 99301
509)547-3378
either express or implied relating to the condition of the roofs, and habitability of the building generally or for a specific purpose.
In no event shall the Port be responsible for damage to Lessee's property or the property of third parties.
ARTICLE 10 • MAINTENANCE AND REPAIR
Except for the maintenance and repair obligations specifically assumed herein by the PORT, Lessee shall, at its expense, keep
and maintain the Premises, including but not limited to buildings, structures, improvements, fixtures, trade fixtures, equipment
and utility systems which may now or hereafter exist on the Premises, in good, operable, usable and sanitary order, appearance,
repair and in a good, safe, operating and attractive condition throughout the term of this lease, timely providing for such repairs,
replacement, rebuilding and restoration as may be required to comply with the requirements of this lease. Such improvement
and repair shall include such maintenance and repair of the existing building, all interior repairs including ordinary electrical and
HVAC maintenance, all interior and exterior doors, windows, flooring or restrooms, equipment, and fixtures.
Should Lessee fail to perform such maintenance or repair within thirty (30) days of written notice from the PORT, the PORT may
enter upon the Premises and perform the required maintenance for repair, unless, such lack of maintenance and repair creates
an unsafe or hazardous condition for which the Lessee may immediately enter the premises to accomplish such repairs as
necessary. Lessee shall reimburse the PORT of all costs incurred in effectuating such maintenance or repair.
The PORT shall be responsible for maintaining the major structural components of the existing building including:
A. Repairs of the roof and gutters, exterior walls (not including painting), bearing walls, structural members,
floor slabs, and foundation.
B. Repair of exterior water, sewer and electrical services up to the point of entry to the Premises.
C. Repair of the heating and air conditioning components, other than ordinary maintenance.
D. PORT shall not, however, be responsible for any repairs necessitated by the negligence of or improper
maintenance by Lessee, Its agents, employees or invitees. Such repair shall be the responsibility of
Lessee.
E. To facilitate prompt repair and minimize the effect upon Lessee's operations, the PORT may authorize
Lessee, or its subcontractors, to perform the maintenance, repair and improvements as provided above
with the PORT promptly reimbursing Lessee for the actual costs of such maintenance, repairs and any
authorized improvements.
ARTICLE 11 • IMPROVEMENTS, ALTERATIONS AND FIXTURES
Lessee shall have the right to make alterations or additions to the Premises, subject to the prior written consent of the Port. Any
such alterations or additions shall be made with due diligence, in a good and workmanlike manner and in compliance with this
agreement, all laws, ordinances, orders, rules, regulations, certificates of occupancy, or other governmental requirements;
promptly and fully paid for by Lessee; and made under the supervision of an architect or engineer reasonably satisfactory to Port
and in accordance with plans and specifications and cost estimates approved by Port. Port may designate a supervising architect
to assure compliance with the provisions of this paragraph, and, if it does, Lessee will pay the supervising architect's charges.
Title to all improvements constructed by Lessee shall be and remain vested in Lessee during the term of this Lease. Unless Port
otherwise elects, all alterations, additions, fixtures (other than trade fixtures), and improvements, permanent in character, made
in or upon the Premises by Lessee, will immediately vest in Port at the end of the term of this Lease, and will remain on the
Premises without compensation to Lessee. All shelves, bins, machinery and trade fixtures installed by Lessee may be removed
by Lessee prior to the termination of this Lease, and shall be removed by the date of termination of this Lease or upon earlier
vacating of the Premises if required by Port; upon any such removal Lessee shall restore the Premises to a broom -clean and
original condition with ordinary wear and tear accepted. All such removals and restoration shall be accomplished in good
workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements
situated on the Premises. In the event of any failure by Lessee to remove, repair or clean the Premises as provided in this section,
Lessee shall, upon demand, reimburse Port for the cost of any such removal, repair or cleaning. Any property left on the Premises
after the expiration or termination of the Term or after Lessee's vacation or abandonment of the Premises ("Abandoned
Property") will be deemed to have been abandoned and to have become the property of Portto dispose of at Port's discretion.
COP -TB -080116 -4-
PORT OF PASCO
TERM BUILDING LEASE
P 0 Box 769
PASCO, WA 99301
509)547-3378
Lessee shall reimburse Port for any of Port's court costs, attorneys' fees, and storage charges related to Abandoned Property.
Port may, at its option, sell Abandoned Property at private sale without notice or legal process, for such price as Port may obtain,
and apply the proceeds of such sale to any amounts due under this Lease from Lessee to Port, including expenses incident to the
removal and sale of Abandoned Property, or Port may otherwise dispose of Abandoned Property, or retain it without
compensation to Lessee.
ARTICLE 12 • INSPECTION
The Port reserves the right to inspect the leased Premises, including any chattels or equipment of the Port thereon located, at
any and all reasonable times throughout the term of this lease subject to such site security as required by law, or if necessary to
fulfill the Lessee or Sub -Lessee's governmental purpose: Provided that it shall not interfere unduly with Lessee's operations. The
right of inspection reserved to the Port hereunder shall impose no obligation on the Port to make inspections to ascertain the
condition of the Premises and shall impose no liability upon the Port for failure to make such inspection.
Furthermore, the United States Maritime Administration reserved the right for the Government, its agents, customers,
transferees, and successors ingress to and egress from the leased premises for certain purposes as provided in the Quitclaim
Deed between the United States Maritime Administration and the Port, Auditor File Number 1840777, and herein further
incorporated as ExhibitA to this Agreement (USA Deed).
ARTICLE 13 • SIGNS
No signs or other advertising matter, symbols, canopies or awnings shall be attached to or painted on or within the leased
Premises, including the windows and doors thereof, without the approval of the Executive Director first had and obtained. At
the termination or sooner expiration of this lease, all such signs, advertising matter, symbols, canopies or awnings attached to or
painted by Lessee shall be removed by Lessee at its own expense, and Lessee shall repair any damage or injury to the Premises,
and correct any unsightly condition, caused by maintenance and removal of said signs, etc.
ARTICLE 14 • DAMAGE OR DESTRUCTION
In the event the Premises are rendered untenantable in whole or in part by fire, the elements, or other casualty, Port may elect,
at its option, not to restore or rebuild the Premises and shall so notify Lessee, in which event Lessee shall vacate the Premises,
and this Lease shall be terminated; or, in the alternative Port shall notify Lessee, within thirty (30) days after the notice of such
casualty, that Port will rebuild or restore the Premises and that such work will be completed within one hundred eighty (180)
days from the date of such notice of intent. If Port cannot restore or rebuild the Premises within one hundred eighty (180) days,
then the Lease may be terminated at Lessee's option upon ten (10) days' written notice to Port. During the period of
untenantability, rent shall abate in the same ratio as the portion of the Premises rendered untenantable bears to the whole of
the Premises; provided that if the damage is due to the negligence or willful act of Lessee there shall be no abatement of rent.
ARTICLE 15 • INDEMNIFICATION
The Port, its employees and agents shall not be liable for any injury (including death) to any persons or for damage to any
property, regardless of how such injury or damage be caused, sustained or alleged to have been sustained by the Lessee or by
others as a result of any condition (including existing or future defects in the Premises or occurrence whatsoever related in any
way to the Premises and the areas adjacent thereto or related in any way to Lessee's use or occupancy of the Premises and of
the areas adjacent thereto. Lessee agrees to defend and to hold and save the Port harmless from all liability or expense(including
attorney fees and other expenses) in connection with any such items or actual or alleged injury or damage.
ARTICLE 16 • WAIVER OF SUBROGATION
Port and Lessee hereby mutually release each other from liability and waive all right of recovery against each other for any loss
from perils insured against under their respective fire insurance contracts, including any extended coverage endorsement
thereto. Provided, that this waiver 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 Port or Lessee.
ARTICLE 17 • LIABILITY INSURANCE
Carried by Lessee. Lessee shall obtain and keep in force during the term of this Lease their liability insurance coverage protecting
Lessee against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership,
use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence
COP -TB -080116 - 5 -
PORT OF PASCO
TERM BUILDING LEASE
P 0 Box 769
PASCO, WA 99301
509)547-3378
basis providing single limit coverage in an amount not less than $1,000,000 per occurrence. All insurance to be carried by Lessee
shall be primary to and not contributory with any similar insurance carried by Port, whose insurance shall be considered excess
insurance only. The Port shall be furnished with a certificate by Lessee's insurer evidencing the coverage under such insurance.
Should the Lessee's current insurance coverage terminate during the life of this lease, or any extension thereof, the Lessee shall
furnish Port with a new binder and endorsements prior to the expiration of the prior coverage.
Carried by Port. At Port's own expense, Port may also maintain liability insurance similar to that described in the preceding
Section, in addition to and not in lieu of, the insurance required to be maintained by Lessee. Lessee shall not be named as an
additional insured therein.
Insurance Policies. Insurance required hereunder shall be in companies duly licensed to transact business in the state where the
Premises are located, and maintaining during the policy term a "General Policyholders Rating" of at least B+, V or such other
rating as may be required by a Lender, as set forth in the most current issue of "Best's Insurance Guide." Lessee shall not do or
permit to be done anything, which shall invalidate the insurance policies maintained by Port. Lessee shall cause to be delivered
to Port, within seven (7) days after the earlier of the Early Possession Date or the Commencement Date, certified copies of, or
certificates evidencing the existence and amounts of, the insurance required of Lessee by this Lease. No such coverage shall be
cancelable or subject to modification except after thirty- (30) days' prior written notice to Port. At least thirty (30) days prior to
the expiration of such policies, Lessee shall furnish Port with evidence of renewals or "insurance binders" evidencing renewal
thereof, or Port may obtain such insurance and charge the cost thereof to Lessee, which amount shall be payable by Lessee to
Port upon demand.
Participation in a Governmental Self -Insured Risk Pool under the Washington Cities Insurance Authority (WCIA) fulfills other
requirements by Lessee of this section.
ARTICLE 18 • USE RESTRICTIONS
The Lessee shall not carry on upon the demised Premises any noxious or annoying trade or activity which would constitute a
nuisance or hazard to the public, other tenants or to the Lessor and shall not substantially deviate from its announced and original
use of the property without consultation with and consent from the Lessor.
The Lessee covenants and agrees that it shall not permit the occupancy or use of any other buildings or structures on the Property
as Residential Property, as defined under 24 C.F.R. Part 35, without complying with the terms of this agreement and applicable
federal, state, and local laws and regulations pertaining to lead-based paint and/or lead-based paint hazards. The Lessee further
agrees that property shall not be used by infants and children under seven years of age without complying with the terms of this
agreement and applicable federal, state, and local laws and regulations pertaining to lead-based paint and/or lead-based paint
hazards.
ARTICLE 19 • TAXES
Lessee shall be liable for and shall pay, throughout the term of this lease before delinquency, all license and excise fees and
occupation taxes covering the business conducted on the Premises and all taxes on property of Lessee on the leased Premises
and any taxes on the leasehold interest created by this lease agreement. At the present time, since the Port is a municipal
corporation, there is no real estate tax assessed on realty owned by it. If in the future such a tax is assessed or if a tax in lieu of
such a tax is assessed, the Lessee agrees to pay the same promptly and before delinquency on that portion of it allocable to the
demised Premises.
Should the real estate hereby leased, or any portion thereof, be specifically benefited by any local improvement district now in
existence or hereafter formed by any other governmental entity such that an L.I.D. assessment is made as to such specially
benefited property, the Lessee covenants and agrees to pay to the Port annually, during the term of this lease and any extensions
thereof, a sum of money equal to that which the Port would be required to pay annually as to such property under the lengthiest
payment schedule available to assessed property owners within the district.
ARTICLE 20 • COMPLIANCE WITH PORT REGULATIONS AND WITH ALL LAWS
Lessee agrees to comply with all applicable rules and regulations of the Port pertaining to the building or other realty of which
the Premises are a part now in existence or hereafter promulgated for the general safety and convenience of the Port, its various
tenants,invitees, licensees and the general public. Lessee further agrees to comply with the terms of the Quitclaim Deed between
the United States Maritime Administration and the Port, Auditor File Number 1840777, incorporated as Exhibit A to this
Agreement. Lessee further agrees to comply with all applicable federal, state and municipal laws, ordinances and regulations.
Any fees for any inspection of the Premises during or for the lease term by any federal, state or municipal officer and the fees for
any so-called "Certificate of Occupancy" shall be paid by Lessee.
COP -T&080116 - 6 -
PORT OF PASCO P 0 Box769
Pasco, WA 99301301
TERM BUILDING LEASE (509) 547-3378
ARTICLE 21 • ASSIGNMENT OR SUBLEASE
Except for Lessee's sub -lease of a portion of the premises to the Franklin County Emergency Management, Lessee shall not assign
or transfer this lease or any interest therein nor sublet the whole or any part of the Premises, nor shall this lease or any interest
thereunder by assignable or transferable by operations of laws or by any process or proceeding of any court, or otherwise,
without the written consent of the Port first had and obtained, such consent not to be unreasonably withheld by the Port if the
assignment or sublet meets the terms of this lease. If the Port shall give its consent to any assignment or sublease, this paragraph
shall nevertheless continue in full force and effect and no further assignment or sublease shall be made without the Port's
consent. If Lessee is a corporation, any transfer of ownership by merger, consolidation or liquidation, or any change in ownership,
or power to vote the majority of the outstanding voting stock of Lessee, constitutes an assignment for purposes of this section.
If Lessee is a partnership, limited liability company, limited liability partnership, or proprietorship, a transfer of a controlling
interest in such company, partnership or proprietorship constitutes an assignment for purposes of this section.
Notwithstanding any permitted assignment or subletting, Lessee shall at all times remain directly, primarily and fully responsible
and liable for the payment of the rent herein specified and for compliance with all of its other obligations under the terms,
provisions and covenants of this Lease. Upon the occurrence of an "event of default" as hereinafter defined, if the Premises or
any part thereof are then assigned or sublet, Port, in addition to any other remedies herein provided, or provided by law, may at
its option collect directly from such assignee or subtenant all rents becoming due to Lessee under such assignment, transfer or
sublease and apply such rent against any sums due to Port from Lessee hereunder, and no such collection shall be construed to
constitute a novation or a release of Lessee from the further performance of Lessee's obligations hereunder.
ARTICLE 22 • DEFAULTS AND REMEDIES
EVENTS OF DEFAULT. The following events shall be deemed to be events of default by Lessee under this Lease:
A. Lessee fails to pay any installment of the rent herein reserved when due, or any other payment or reimbursement to
Port required herein when due, and such failure continues for a period of ten (10) days from the date after written
notice thereof to Lessee.
B. Lessee becomes insolvent, or makesatransferinfraudofcreditors,ormakesanassignmentforthebenefitofcreditors.
C. Lessee files a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar
law or statute of the United States or any state thereof; or Lessee is adjudged bankrupt or insolvent in proceedings filed
against Lessee thereunder.
D. A receiver or trustee is appointed for all or substantially all of the assets of Lessee.
E. Lessee abandons, deserts or vacates the Premises for a period in excess of six months and fails to pay rent thereon.
F. Lessee fails to comply with any term, provision or covenant of this Lease (other than the foregoing in this paragraph A)
and does not cure such failure within twenty (20) days after written notice thereof to Lessee.
REMEDIES. Upon the occurrence of any such events of default described hereinabove, Port shall have the option to pursue any
one or more of the following remedies without any notice or demand whatsoever. '
A. Port may accelerate all rent payments due hereunder which shall then become immediately due and payable.
B. Terminate this Lease, in which event Lessee immediately shall surrender the Premises to Port, and if Lessee fails so to
do, Port may, without prejudice to any other remedy which it may have for possession, or arrearages in rent, enter
upon and take possession of the Premises and expel or remove Lessee and any other person who may be occupying
the Premises or any part thereof, without being liable for prosecution or any claim of damages therefor, and Lessee
agrees to pay to Port on demand the amount of all loss and damage which Port may suffer by reason of such
termination, whetherthrough inabilityto relet the Premises on satisfactory terms or otherwise.
C. Enter upon and take possession of the Premises and expel or remove Lessee and any other person who may be
occupying the Premises or any part thereof, without being liable for prosecution or any claim for damages therefor,
and relet the Premises for such terms ending before, on or after the expiration date of the Lease Term, at such rentals
and upon such other conditions (including concessions and prior occupancy periods) as Port in its sole discretion may
determine, and receive the rent therefor; and Lessee agrees to pay to Port on demand any deficiency that may arise by
reason of such reletting. Port shall use reasonable efforts to mitigate its damages by reletting the Premises. In the
event Port is successful in reletting the Premises at a rental in excess of that agreed to be paid by Lessee pursuant to
COP -TB -080116 - 7 -
769PORTOFPASCO
PascP
0 Box
o, WA 99301301
TERM BUILDING LEASE (509) 547-3378
the terms of this Lease, Port and Lessee each mutually agree that Lessee shall not be entitled, under any circumstances,
to such excess rental, and Lessee does hereby specifically waive any claim to such excess rental.
D. Enter upon the Premises, without being liable for prosecution of any claim for damages therefor, and do whatever
Lessee is obligated to do under the terms of this Lease; and Lessee agrees to reimburse Port on demand for any
expenses which Port may incur in thus effecting compliance with Lessee's obligations under this Lease, and Lessee
further agrees that Port shall not be liable for any damages resulting to the Lessee from such action, whether caused
by the negligence of Port or otherwise.
E. Whether or not Port retakes possession or relets the Premises, Port shall have the right to recover unpaid rent and all
damages caused by Lessee's default, including attorney fees. Damages shall include, without limitation: all rentals lost,
all legal expenses and other related costs incurred by Port following Lessee's default, all costs incurred by Port in
restoring the Premises to good order and condition, or in remodeling, renovating or otherwise preparing the Premises
for reletting, all costs (including without limitation any brokerage commissions and the value of Port's time) incurred
by Port, plus interest thereon from the date of expenditure until fully repaid at the rate of eighteen percent (18%) per
annum.
Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any
other remedies provided by law, such remedies being cumulative and non-exclusive, nor shall pursuit of any remedy
herein provided constitute a forfeiture or waiver of any rent due to Port hereunder or of any damages accruing to Port
by reason of the violation of any of the terms, provisions and covenants herein contained. No act or thing done by Port
or its agents during the Lease Terms hereby granted shall be deemed a termination of this Lease or an acceptance of
the surrender of the Premises, and no agreement to terminate this Lease or accept a surrender of the Premises shall
be valid unless in writing signed by Port. No waiver by Port of any violation or breach of any of the terms, provisions
and covenants herein contained shall be deemed or construed to constitute a waiver of any other violation or breach
of any of the terms, provisions and covenants herein contained. Port's acceptance of the payment of rental or other
payments hereunder after the occurrence of an event of default shall not be construed as a waiver of such default,
unless Port so notifies Lessee in writing. Forbearance by Port to enforce one or more of the remedies herein provided
upon an event of default shall not be deemed or construed to constitute a waiver of such default or of Port's right to
enforce any such remedies with respect to such default or any subsequent default. If, on account of any breach or
default by Lessee in Lessee's obligations under the terms and conditions of this Lease, it shall become necessary or
appropriate for Port to employ or consult with an attorney concerning or to enforce or defend any of Port's rights or
remedies hereunder, Lessee agrees to pay any reasonable attorneys' fees so incurred.
ARTICLE 23 • TERMINATION FOR GOVERNMENT USE
In the event that the United States Government or any agency or instrumentality thereof shall, by condemnation or otherwise,
take title, possession or the right to possession of the Premises or any part thereof, the Port may, at its option, terminate this
lease as of the date of such taking, and, if Lessee is not in default under any of the provisions of this lease on said date, any rental
prepaid by Lessee shall, to the extent allocable to any period subsequent to the effective date of the termination be promptly
refunded to Lessee.
ARTICLE 24 • TERMINATION BECAUSE OF COURT DECREE
In the event that any court having jurisdiction in the matter shall render a decision which has become final and which will prevent
the performance by the Port of its obligations under this lease, then either party may terminate this lease by written notice, and
all rights and obligations hereunder (with the exception of any undischarged rights and obligations that accrued prior to the
effective date of termination) shall thereupon terminate. If Lessee is not in default under any of the provisions of this lease on
the effective date of such termination, any rental prepaid by Lessee shall, to the extent allocable to any period subsequent to the
effective date of termination, be promptly refunded to Lessee.
ARTICLE 25 • WAIVER
The acceptance of rental by the Port for any period or periods after a default by Lessee hereunder shall not be deemed a waiver
of such default unless the Port shall so intend and shall so advise Lessee in writing. No waiver by the Port of any default hereunder
by Lessee shall be construed to be or act as a waiver of any subsequent default by Lessee. After any default shall have been cured
by Lessee, it shall not thereafter be used by the Port as a ground for the commencement of any action under the provisions of
Article 22 hereof.
COP -TB -080116 -8-
PORT OF PASCO
TERM BUILDING LEASE
ARTICLE 26• INSOLVENCY
P 0 Box 769
PASCO, WA 99301
509)547-3378
If the lessee shall file a petition in bankruptcy or if Lessee shall be adjudged bankrupt or insolvent by any court, or if a receiver of
the property of Lessee shall be appointed in any proceeding brought by or against Lessee, or if Lessee shall make an assignment
for the benefit of creditors, or if any proceedings shall be commenced to foreclose any mortgage or any other lien on Lessee's
interest in the Premises or on any personal property kept or maintained on the Premises by Lessee the Port may, at its option,
terminate this lease.
ARTICLE 27 • SURRENDER OF PREMISES - ATTORNEY'S FEES
At the expiration or sooner termination of the lease, Lessee shall promptly surrender possession of the Premises to the Port, and
shall deliver to the Port all keys that it may have to any and all parts of the Premises. In the event that either party shall be
required to bring any action to enforce any of the provisions of this lease, or shall be required to defend any action brought by
the other party with respect to this lease, the losing party shall pay all of the successful party's actual costs in connection with
such action, including such sums as the court or courts may adjudge reasonable as attorneys' fees in the trial court and in any
appellate courts.
In the event the Port serves any notice for non-compliance with any provision of this lease on Lessee, Lessee shall pay the sum of
50.00 for the cost of preparation of the notice and service of the notice upon Lessee. Said sum due immediately upon service
of the notice.
ARTICLE 28 • HOLDING OVER
If Lessee shall, with the consent of the Port, hold over after the expiration or sooner termination of the term of this lease, the
resulting tenancy shall, unless otherwise mutually agreed, be for an indefinite period of time on a month-to-month basis. During
such month-to-month tenancy, Lessee shall pay to the Port One Hundred Fifty percent (150%) of the rate of rental as set forth
herein, unless a different rate shall be agreed upon, and shall be bound by all of the additional provisions of this lease agreement
insofar as they may be pertinent.
ARTICLE 29 • ADVANCES BY PORT FOR LESSEE
If Lessee shall fail to do anything required to be done by it under the terms of this lease, except to pay rent, the Port may, at its
sole option, do such act or thing on behalf of Lessee, and upon notification to Lessee of the cost thereof to the Port, Lessee shall
promptly pay the Port the amount of that cost.
ARTICLE 30 • LIENS AND ENCUMBRANCES
Lessee shall keep the leased Premises free and clear of any liens and encumbrances arising or growing out of the use and
occupancy of the said Premises by Lessee. At the Port's request, Lessee shall furnish the Port with written proof of payment of
any item which would or might constitute the basis for such a lien on the leased Premises if not paid.
ARTICLE 31 • NOTICES
All notices hereunder may be delivered or. If mailed, they shall be sent by certified or registered mail to the following respective
addresses:
TO LESSOR: TO LESSEE:
Port of Pasco Clty of Pasco
P.O. Box 769 525 N. 3b Avenue
Pasco, WA 99301 Pasco, WA 99301
or to such other respective addresses as either party hereto may hereafter from time to time designate in writing. Notices sent
by mail shall be deemed to have been given when properly mailed, and the postmark affixed by the United States Post Office
shall be conclusive evidence of the date of mailing.
COP -TB -080116 - 9 -
PORT OF PASCO
TERM BUILDING LEASE
ARTICLE 32 • GENERAL PROVISIONS
P 0 Box 769
PASCO, WA 99301
509)547-3378
Time is of the essence. In the case of a dispute by the parties over the terms of this lease, with the exception of Articles 3, 4 and
5, the parties agree to meet in good faith to resolve the dispute and after such meeting, if no resolution is found, agree to resolve
the dispute through binding arbitration pursuant to RCW 7.04A.
ARTICLE 33 • "LESSEE" INCLUDES LESSEES, ETC.
It is understood and agreed that for convenience the word "Lessee" and verbs and pronouns in the singular number and neuter
gender are uniformly used throughout this lease, regardless of the number, gender or fact of incorporation of the party who is,
or of the parties who are, the actual Lessee or Lessees under this agreement.
ARTICLE 34 • CAPTIONS
The captions in the lease are for convenience only and do not in any way limit or amplify the provisions of the lease.
ARTICLE 35 • INVALIDITY OF PARTICULAR PROVISIONS
If any term or provision of this lease agreement or the application thereof to any person or circumstance shall, to any extent, be
invalid or unenforceable, the remainder of this lease agreement or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in
full force and effect.
ARTICLE 36 • ENTIRE AGREEMENT - AMENDMENTS
This agreement constitutes the whole agreement between the Port and Lessee. There are no terms, obligations, covenants or
conditions other than those contained herein. No modification or amendment of this agreement shall be valid and effective
unless evidenced by an agreement in writing.
ARTICLE 37 • NON-DISCRIMINATION
A. The Lessee agrees that in the performance of this Lease that it will not discriminate against any person or class of
persons by reason of race, color, creed, sex, age, marital status, political affiliation or non -affiliation, national origin,
religion, disability or sexual orientation in the use of any of the facilities provided for the public on the Premises. Lessee
also agrees (a) to furnish service on a fair, equal, and nondiscriminatory basis to all users of the facility, and (b) to charge
fair, reasonable, and nondiscriminatory prices for each unit for service, provided, that Lessee may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers..
It is agreed that the Lessee's non-compliance with the provisions of this clause shall constitute a default of this Lease.
In the event of such noncompliance, the PORT may take appropriate action to enforce compliance, may terminate this
Lease, or may pursue such other remedies as may be provided by law.
ARTICLE 38 • HAZARDOUS SUBSTANCES
Lessee agrees that Lessee shall not use, generate, treat, store or dispose of Hazardous Material on the Premises or adjoining
areas except in accordance with any law, ordinance, rule or regulation of any governmental authority having jurisdiction of the
Premises or adjoining areas. If Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous
Material on the Premises or adjoining areas caused or permitted by Lessee results in contamination of the Premises or adjoining
areas, then Lessee shall indemnify, defend and hold Port harmless from any and all claims, judgments, damages, penalties, fines,
costs, liabilities, or losses (including without limitation diminution in value of the Premises or adjoining areas, damages for the
loss or restriction on the use of rentable or usable space or of any adverse impact on marketing of space on the Premises or
adjoining areas, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or
after the Lease Term as a result of such contamination. This indemnification of Port by Lessee includes, without limitation, costs
incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration work
required by any federal, state or local governmental agency, political subdivision, lender or buyer because of Hazardous Material
present in the soil or groundwater on or under the Premises or adjoining areas, diminution in value of the Premises, damages for
the loss or restriction on use of rentable or usable space or of any amenity of the Premises or adjoining areas, damages arising
from any adverse impact on marketing of space in the building, and sums paid in settlement of claims, attorneys' fees, consultant
fees, laboratory fees and expert fees. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises
or adjoining areas caused or permitted by Lessee results in any contamination of the Premises or adjoining areas, Lessee shall
promptly take all actions at its sole expense as are necessary to return the Premises or adjoining areas to the condition existing
COP -TB -080116 _10-
PORT OF PASCO
TERM BUILDING LEASE
P 0 Box 769
PASCO, WA 99301
509)547-3378
prior to the contamination of the Premises or adjoining areas by any such Hazardous Material; provided, however, the Port's
approval of such action shall first be obtained, which approval shall not be unreasonably withheld.
Lessee will deliver to the Port copies of any documents received from, or sent by Lessee to, the United States Environmental
Protection Agency and/or any state, county or municipal environmental or health agency concerning Lessee's operations on the
Premises.
As used herein, the term "Hazardous Material" means any substance which is (1) designated, defined, classified or regulated as a
hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently
in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all
petroleum products, (iii) PCBs; (iv) lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials, or (viii) radioactive
materials."Environmental Law(s)" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Toxic Substances
Control Act, 15 U.S.C. § 2601 et seq., the Hazardous Materials Transportation Aa, 49 U.S.C. § 1801 et seq., the Clean Water Act,
33 U.S.C. § 1251 et seq., and the Washington Model Toxics Control Act, Chapter 70.105D, Revised Code of Washington, as said
laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal,
state or local law, statute, rule, regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, clean-
up, transportation or release or threatened release into the environment of Hazardous Material.
Lessee acknowledges that this Lease Agreement is subject to rights of the USA to access the Property for various environmental
matters as described in the Quitclaim Deed between the United States Maritime Administration and the Port, filed under Franklin
County Auditor No 1840777. Subparagraph 8.1.2 of the USA Deed is hereby incorporated herein, and Lessee agrees to be bound
by the provisions thereof.
ARTICLE 39 • INTENTIONALLY OMITTED
COP -TB -080116 -11-
PORT OF PASCO P 0 Box769
PASCo, WA 99301301
TERM BUILDING LEASE (509) 547-3378
ARTICLE 40 • GOVERNING LAW; VENUE
This agreement shall be interpreted, construed and governed accordingly to the laws of the state of Washington. The parties
agree that Venue for any action under this Agreement shall be in Franklin County, Washington.
IN W1NESS HEREOF, this Agreement has been signed and attested by the proper officers of the contracting parties this
ay of }trrtIDW 2016.
PORT OF PASCO
LESS
By: A /—L '/
Its: ,c- L, !'y rea&r
And:
CITY OF PASCO
LESSEE
r
i .w
And:
State of Washington)
ss.
County of Franklin)
On this 1 day of—jer2016, before me, the undersigned notary public in and for the State of Washington, duly
commissioned and sworn, personally appeared Randy Hayden to me known to be the Executive Director of THE PORTOF
PASCO that executed the within and foregoing instrument, and acknowledged that said instrument is the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that they are authorized to
execute said instrument.
Givenunder my hand and official seal the day and year last above written.
v IRA Rpei
Notary Public in&fid for the O
SSION
State of Q'I.vl NOTAAyN;+
Residing at 4--&S do i BLIG
M Commission Ex ares My P' QAI—Woui / 'D<g
dy.
i.Iw•:;f 5 ,•?`
COP -TB -080116 -12-
769PORTOFPASCO
PASP
0 Box
Co, WA 99301301
TERM BUILDING LEASE (509) 547-3378
CORPORATION NOTARY ACKNOWLEDGEMENT
State of W r4.w,•e b )
ss. Ll
County of
On this (vday of 2016, before me, the undersigned notary public inn aqd for f he State of
duly comm sioned and sworn, personally appeared 2 1Df.\
to me ieowntobthe EL l f respectively, of
OF - OL'—VA'3 that executed the within and foregoing instrument, and
acknowledged that said instrument is the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned and on oath stated that they are authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
Notary Public in and for TONI L. ZUNKER
State of KJNOTARY PUBLIC
J C STATE OF WASNINGTON
Residing at 1Q..V.hE,clJ COWSSMEXI S
MARCH 3, 2020
My Commission Expires
INDIVIDUAL NOTARY ACKNOWLEDGEMENT
State of )
ss.
County of )
On this—day of 2016, before me, the undersigned notary public in and for the State of
duly commissioned and sworn, personally appeared to
me known to be the individuals described in and who executed the within for foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes
mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
Notary Public in and for the
State of
Residing at
My Commission Expires
PORT OF PASCO
PRO FORMA LEASE
COP -T&080116 -13-
PORT OF PASCO
TERM BUILDING LEASE - EXHIBIT A
P 0 Box 769
PASCO, WA 99301
509)547-3378
EXHIBIT A: QUIT CLAIM DEED BETWEEN THE UNITED STATES MARITIME ADMINISTRATION AND
PORT OF PASCO (AFN: 1840777)
COP -TB -080116 -14-
PASCO, WASHINGTON No Real Estate Excise Tax Paid
This Instrument Exempt Under RCW 8245
Treas4rer, Franklin County
1. THIS DEED, made this the 8d' day of January, 2016, under and pursuant to the power
and authority provided by the National Defense Authorization Act for Fiscal Year 1994 Pub. L.
103-160, Section 2927. dated November 30 1993 (107 Stat. 1932-1934); Chapter III of the
Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. §S 541-559)
at 40 U.S.C. 6 554 (formerly cited as 40 U.S.C. 484q); the Federal Management Regulation, as
the successor to the Federal Property Management Regulations (41 C.F.R. Part 102-75, see e.g.
102-75.250 through .265 and .820 through .875), and the Utilization and Disposal of Surplus
Federal Real Property. for Development or Operation of a Port Facility Regulation 46 C.F.R.
Part 387, between the UNITED STATES OF AMERICA, acting by and through the Secretary of
Transportation, as delegated to the Maritime Administrator (hereinafter, called the
GRANTOR'), and the Port of Pasco, as created by on May 2, 1940, as a special purpose district
pursuant to Chapter 53.04 et sea of the Revised Code of Washington (hereinafter called the
GRANTEE").
2. WITNESSETH, that the said Grantor, for and in consideration of the assumption by
the Grantee of all the obligations and its taking subject to certain terms, reservations, restrictions
and conditions and its agreement to abide by, certain other terms, reservations, restrictions and
conditions, all as set out hereinafter, has remised, granted, released and forever quitclaimed and
by these presents does remise, grant, release and forever quitclaim to the Grantee, without
warranty, express or implied, under and subject to the terms, reservations, restrictions,
conditions, and exceptions, all as hereinafter expressed and set out, all title and claim which the
Grantor has in and to that certain property, comprising 2.16 acres of land, more or less, together
with all improvements thereon, situated, lying and being partly in the City of Pasco, Washington,
Willamette Meridian, the County of Franklin, State of Washington, being a portion of the
installation formerly known as the PFC Daniel L. Wagenaar U.S. Army Reserve Center,
generally described the Federal Register on Tuesday May 9, 2006, (71 FR 26933), and as
specifically described in detail in the Legal Description prepared by the U.S. Army Corps of
Engineers and attached to this Quitclaim Deed as Attachment A (hereinafter called the
PROPERTY"), for the uses stated herein.
3. WHEREAS, all the Property hereby conveyed has heretofore been declared surplus to
the needs of the UNITED STATES OF AMERICA (hereinafter called the "GOVERNMENT"),
and the Property is presently available for disposal and its disposal has been heretofore
authorized by the authority contained in the Defense Base Closure and Realignment Act of 1990,
as amended (10 U.S.C. § 2687), the Federal Management Regulation as the successor regulation
to the Federal Property Management Regulation (41 C.F.R. Part 102-75), and authority delegated
Page 1 of 17
AFN # 1800777 DEED
02!0212015 01:53 PM
20 Pages) $82.00
Matt Seaton. Auditor
y' e,• ,...... Franklin Co.. WA
YJ' PORT FACILITY PROPERTY INSTRUMENT OF DISPOSAL
r QUITCLAIM DEED FRAVKL{NCOUNIY IRE° 'J: "s
o', 4iiFC DANIEL L WAGENAAR U.S. ARMY RESERV C
th'(1C1't PORT OF PASCO
PASCO, WASHINGTON No Real Estate Excise Tax Paid
This Instrument Exempt Under RCW 8245
Treas4rer, Franklin County
1. THIS DEED, made this the 8d' day of January, 2016, under and pursuant to the power
and authority provided by the National Defense Authorization Act for Fiscal Year 1994 Pub. L.
103-160, Section 2927. dated November 30 1993 (107 Stat. 1932-1934); Chapter III of the
Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. §S 541-559)
at 40 U.S.C. 6 554 (formerly cited as 40 U.S.C. 484q); the Federal Management Regulation, as
the successor to the Federal Property Management Regulations (41 C.F.R. Part 102-75, see e.g.
102-75.250 through .265 and .820 through .875), and the Utilization and Disposal of Surplus
Federal Real Property. for Development or Operation of a Port Facility Regulation 46 C.F.R.
Part 387, between the UNITED STATES OF AMERICA, acting by and through the Secretary of
Transportation, as delegated to the Maritime Administrator (hereinafter, called the
GRANTOR'), and the Port of Pasco, as created by on May 2, 1940, as a special purpose district
pursuant to Chapter 53.04 et sea of the Revised Code of Washington (hereinafter called the
GRANTEE").
2. WITNESSETH, that the said Grantor, for and in consideration of the assumption by
the Grantee of all the obligations and its taking subject to certain terms, reservations, restrictions
and conditions and its agreement to abide by, certain other terms, reservations, restrictions and
conditions, all as set out hereinafter, has remised, granted, released and forever quitclaimed and
by these presents does remise, grant, release and forever quitclaim to the Grantee, without
warranty, express or implied, under and subject to the terms, reservations, restrictions,
conditions, and exceptions, all as hereinafter expressed and set out, all title and claim which the
Grantor has in and to that certain property, comprising 2.16 acres of land, more or less, together
with all improvements thereon, situated, lying and being partly in the City of Pasco, Washington,
Willamette Meridian, the County of Franklin, State of Washington, being a portion of the
installation formerly known as the PFC Daniel L. Wagenaar U.S. Army Reserve Center,
generally described the Federal Register on Tuesday May 9, 2006, (71 FR 26933), and as
specifically described in detail in the Legal Description prepared by the U.S. Army Corps of
Engineers and attached to this Quitclaim Deed as Attachment A (hereinafter called the
PROPERTY"), for the uses stated herein.
3. WHEREAS, all the Property hereby conveyed has heretofore been declared surplus to
the needs of the UNITED STATES OF AMERICA (hereinafter called the "GOVERNMENT"),
and the Property is presently available for disposal and its disposal has been heretofore
authorized by the authority contained in the Defense Base Closure and Realignment Act of 1990,
as amended (10 U.S.C. § 2687), the Federal Management Regulation as the successor regulation
to the Federal Property Management Regulation (41 C.F.R. Part 102-75), and authority delegated
Page 1 of 17
to the Secretary of Defense under Public Law 101-510, Section 2905(b) et seg, redelegated
through the Secretary of the Army to the Deputy Assistant Secretary of the Army, authorizes the
Department of the Army (hereinafter called the "ARMY") to convey the PFC Daniel L.
Wagenaar U.S. Army Reserve Center to the Maritime Administration for subsequent conveyance
to the Port of Pasco. The Deputy Assistant Secretary of the Army has assigned the Property to
the Maritime Administration, (hereinafter referred to as "MARAD"), U.S. Department of
Transportation by letter dated June 11, 2015 (hereinafter called the "ASSIGNMENT LETTER").
4. WHEREAS, the surplus real Property will be used and maintained in perpetuity for
the purpose for which it was conveyed, and that if the Property ceases to be used or maintained
for that purpose, all or any portion of the Property will, in its then existing condition, at the
option of the Government, revert to MARAD for subsequent reversion to the Army.
5. TO HAVE AND TO HOLD the same on an "as is" and "where is" basis, together with
all and singular the appurtenances thereunto belonging or in any way appertaining, and all the
title or claim whatsoever of the Grantor, either in law or in equity and subject to the terms,
reservations, restrictions and conditions set forth in this instrument, to the only proper use,
benefit and behalf of the Grantee.
6. NOW THEREFORE, by the acceptance of this Deed or any rights hereunder, the
Grantee, agrees that the conveyance of the Property conveyed by this instrument is accepted
subject to all covenants, conditions and restrictions, easements, rights-of-way, reservations,
rights, agreements, and encumbrances of record pertaining to the Property as of the date of this
Deed.
6.A. As used in this document, "Port Facility" means any structure and improved
property, including services connected therewith, whether located on the waterfront or
inland, which is used or intended for use in developing, transferring, or assisting maritime
commerce and water dependent industries, including, but not limited to, piers, wharves,
yards, docks, berths, aprons, equipment used to load and discharge cargo and passengers
from vessels, dry and cold storage spaces, terminal and warehouse buildings, bulk and
liquid storage terminals, tank farms, multimodal transfer terminals, transshipment and
receiving stations, marinas, foreign trade zones, shipyards, industrial property, fishing
and aquaculture structures, mixed use waterfront complexes, connecting channels and
port landside transportation access routes. (See 46 CFR 387.2(f))
The Maritime Administration has reviewed the uses included in the Pqo FJOlity
Redevelopment Plan (hereinafter called the "PFRP") submitted to the War)5me
Administration by e-mail from the Port of Pasco dated November 30, 2012 and-apprFlved
these uses by letter to the Port of Pasco dated September 20, 2013. cn n
O 0
x
6.B. Except as provided in subparagraph 7.A, the entire Port Facility incudingcall
structures, improvements, facilities and equipment in which this instrument cormys any
interest will be maintained at all times in safe and serviceable condition, toSure is
cr -
Page 2 of 17
efficient operation and use, provided, however, that such maintenance will be required as
to structures, improvements, facilities and equipment only during the useful life thereof,
as determined by the Grantor or his successor in function.
7. FURTHER, by the acceptance of this Deed or any rights hereunder, the Grantee, also
assumes the obligation of, agrees to abide by, and this conveyance is made subject to, the
following terms, reservations, restrictions and conditions set forth in subparagraphs 7.A through
7.0 inclusive:
TA. That no Property conveyed by this Deed, with the exception of utilities, will
be mortgaged or otherwise disposed of or rights or interest granted by the Grantee
without the written consent of the Grantor. When such consent is required it shall not be
unreasonably withheld. However, the Grantor will only review leases of five years or
more to determine the interest granted therein. (See 46 CFR 387.6(e))
7.B. Property conveyed for a Port Facility will be used and maintained for the use
and benefit of the public and public/private partnerships on fair and reasonable terms,
without discrimination. In furtherance of this term (but without limiting its general
applicability and effect) the Grantee specifically agrees:
1) that it will keep the Port Facility open to the maritime uses expressed
in the application without discrimination between such types and kinds.
Provided, that the Grantee may establish such fair, equal, and
nondiscriminatory conditions to be met by all users of the Port Facilities as
may be necessary for the safe and efficient operation of the Port Facility;
and provided, further, that the Grantee may prohibit or limit any given
type and kind of maritime use of the Port Facility if such action is
necessary for the safe operation of the Port Facility,
2) that in its operation and the operation of port facilities on the Property,
neither it nor any person or organization occupying space or facilities
thereupon will discriminate against any person or class of persons by
reason of race, color, creed, sex, age, marital status, political affiliation or
non -affiliation, national origin, religion, disability or sexual orientation in
the use of any of the facilities provided for the public on the Property, and
3) that in any agreement, contract, lease, or other arrangement under
which a right or privilege on the Property is granted to any person, firm or
corporation to conduct or engage in any maritime activity for fumighing
services to the public on the Property, the Grantee will insert aW Offorce
provisions requiring the contractor: (A x
a) to furnish said service on a fair, equal and nondiseAlni tory
basis to all users thereof, and cn n
b) to charge fair, reasonable, and nondiscriminatory juice for
each unit for service, provided, that the contractor may hallowed
to make reasonable and nondiscriminatory discounts, ate N or
other similar types of price reductions to volume purchasr
Page 3 of 17
7.C. The Grantee will, insofar as it is within its powers, and to the extent
reasonable, adequately protect the water and land access to the Port Facility.
7.D. The Grantee will operate and maintain in a safe and serviceable condition,
as deemed reasonably necessary by Grantor, the port and all facilities thereon and
connected therewith which are necessary to service the maritime users of the Port Facility
and will not permit any activity thereon which would interfere with its use as a Port
Facility.
7.E. The Port Facility is subject to the provisions of 46 C.F.R. Part 340. the
Priority Use and Allocation of Shipping Services, Containers and Chassis, and Port
Facilities and Services for National Security and National Defense Related Operations
regulations.
7.F. The Grantee will:
1) furnish the Grantor with annual or special Port Facility financial and
operational reports,
2) famish the Grantor with an annual utilization report that demonstrates
that the Port Facility is being used in accordance with the terms and
conditions of the Deed, and
3) upon reasonable request of the Grantor, make available for inspection
by any duly authorized representative of the Grantor the Port Facility
located on the Property and all Port Facility records and documents
affecting the port, including deeds, leases, operation and use agreements,
regulations, and other instruments, and furnish to the Grantor a true copy
of any such document.
7.G. Where construction or major renovation is not required or proposed, the Port
Facility will be placed into use within twelve (12) months from the date of this
conveyance. Where construction or major renovation is contemplated at the time of
conveyance, the Property will be placed in service according to the redevelopment time
table approved by the Grantor in the PFRP. Grantee agrees that any construction or
alteration on the Property which would require notice to the Federal Aviation
Administration (FAA) pursuant to 14 C.F.R. Part 77 (or any successor regulations) is
prohibited unless a determination of no hazard to air navigation is issued by the Federal
Aviation Administration.
T
TH. The Grantee will not enter into any transaction which wouldL*pei°ytte to
deprive it of any of the rights and powers necessary to perform or comply widmny jr all
of the terms, reservations, restrictions and conditions set forth herein. If an affAngoient
is made for management or operation of the Port Facility by any agency or pWon `44her
than the Grantee, it will reserve sufficient rights and authority to ensure that s ch 'ort
Facility will be operated and maintained in accordance with these terms, resttvatigns,
restrictions, and conditions.
N n
Page 4 of 17
7.I. The Grantee will keep up to date at all times a Port Facility layout map of the
Property described herein showing:
1) the boundaries of the Port Facility and all proposed additions thereto,
and
2) the location of all existing and proposed port facilities and structures,
including all proposed extensions and reductions of existing port facilities.
7.J. In the event that any of the terms, reservations, restrictions, and conditions
contained herein are not met, observed, or complied with by the Grantee, whether caused
by the legal inability of said Grantee to perform any of the obligations herein set out or
otherwise, the title, right of possession and all other rights conveyed by this Deed to the
Grantee, or any portion thereof, will at the option of the Grantor revert to the Government
in its then existing condition sixty (60) days following the date upon which demand to
this effect is made in writing by Grantor or his successor in function, unless within said
sixty (60) days such default or violation will have been cured and all such terms,
reservations, restrictions, and conditions will have been met, observed, or complied with,
or if such cure cannot be reasonably accomplished within said sixty (60) days, Grantee
within said sixty (60) days commences the cure and diligently prosecutes it to
completion, in which event said reversion will not occur and title, right of possession, and
all other rights conveyed hereby, except such, if any, as will have previously reverted,
will remain vested in the Grantee.
7.K. If the construction of any of the terms, reservations, restrictions, and
conditions recited herein as provisions or the application of the same as provisions in any
particular instance is held invalid, the particular term, reservation, restriction or condition
in question will be construed instead merely as conditions upon the breach of which the
Grantor may exercise its option to cause the title, interest, right of possession, and all
other rights conveyed to the Grantee, or any portion thereof, to revert to it, and the
application of such term, reservation, restrictions or condition as provisions in any other
instance and the construction of the remainder of such terms, reservations, restrictions
and conditions as provisions will not be affected thereby.
7.L. The Grantee will remain at all times a political subdivision, municipality, or
instrumentality of the State of Washington.
O
7.M. The Grantee will comply at all times with all applicable provision ofAw.
z
7.N. The Grantee will not modify, amend or otherwise change its appi%edgFRP
without the prior written consent of Grantor and will implement the PFRP as aFpro'r%d by
the Grantor. <
rn ;,
7.0. The Grantee agrees that in the event, the Grantor exercises its qptigjr to
revert all right, title, and interest in and to any portion of the Property to the Gowmdgpnt,
or Grantee voluntarily returns title to the Property in lieu of a reverter, then tla Grantee
will provide protection to, and maintenance of the Property at all times until such time as
the title is actually reverted or returned to and accepted by the Government. Such
Page 5 of 17
protection and maintenance will, at a minimum, conform to the standards prescribed in
the Federal Management Regulation (41 C.F.R. Part 102-75, see e.g. 102-75.970) in
effect as of the date of the conveyance.
7.P. The Grantor expressly reserves from this conveyance all mineral rights
including, but not limited to, oil, gas and coal, per 46 C.F.R. § 387.6(v). The listing of
these minerals does not limit the kinds of minerals subject to the reservation.
7.Q. The Government reserves all right, title, and interest in and to all property of
whatsoever nature not specifically conveyed, together with right of removal thereof from
the Port Facility within one (1) year from the date of the Deed. During such period, the
Government, its agents, customers, transferees, and successors will have the right of
ingress to and egress from the Port Facility for the purposes of using, disposing of by sale
or otherwise, and removing such property.
7.R. The Grantor on written request from the Grantee may grant release from any
of the terms, reservations, restrictions, and conditions contained in the deed, or the
Grantor may release the Grantee from any terms, restrictions, reservations or conditions if
the Grantor determines that the Property so conveyed no longer serves the purpose for
which it was conveyed.
7.5. The covenants, conditions, and restrictions set forth in this Deed and
accepted herein by Grantee, unless specifically released, are a binding servitude on the
Property; shall inure to the benefit of and enforceable by the Grantor, the Government;
shall run with the land in perpetuity; and shall be binding on the Grantee, its successors
and assigns.
7.T. Whenever this Deed makes reference to a particular department or agency of
the State of Washington or the Government, that reference will be understood to include
successor departments and agencies.
8. ENVIRONMENTAL DEED PROVISIONS.
8.A. The covenants, conditions and restrictions made and accepted herein by
Grantee shall be for the benefit of and enforceable by the Grantor, the Goverimickt, by
and through either the Grantor or the Army, as the subject matter requires, a4d sbJ1l run
with the land, and shall be binding on the Grantee, its successors and assigns. Cn x
FY
B.B. The Grantor, the Army, and the Washington State Department it "ogy
have determined that it is reasonably necessary to impose certain restrictions ap th use
of the Property to protect present and future human health or safety or the envirggmed't as
a result of the presence of hazardous materials on portions of the Property sciAed
hereinafter with particularity. + r
N c,
8.C. Grantee acknowledges that it has received a copy of the Fording -b
Page 6 of 17
Suitability to Transfer (hereinafter called the "FOST") (Attachment B) for the PFC
Daniel L. Wagenaar U.S. Army Reserve Center, Pasco, Washington, dated June 2013.
The covenants, conditions, restrictions and notices listed in the FOST are incorporated as
a part of this Deed. Grantee acknowledges receipt of the FOST and agrees to be bound
by the terms contained therein.
8.1). REMEDIATION AND RESPONSE ACTIONS
8.D.1. A description of the remedial action taken on the property, if any, is
provided in the FOST (Attachment B); the Environmental Condition of Property Report
dated March 2007, (hereinafter called the "ECP') (Attachment C); updated ECP Report
dated October 19, 2010 (Attachment D); recertified ECP Report dated October 21, 2011
Attachment E); recertified ECP Report dated April 30, 2013 (Attachment F);
recertified ECP Report dated January 26, 2015 (Attachment G); and the Record of
Environmental Consideration, dated December 2010 (Attachment H). Attachment B is
attached hereto and incorporated herein. Attachment C, Attachment D, Attachment E,
Attachment F, Attachment G, and Attachment H are included for the Grantee's
knowledge and the Grantee acknowledges receipt of these documents.
8.D.2. Grantor covenants for the benefit of Grantee, its successors and assigns,
that any additional response action or corrective action found to be necessary after the
date of this Deed for contamination existing on the Property prior to the date of this Deed
shall be conducted by the Government, pursuant to applicable law.
8.D.3. The terms of a May 22, 1997, Memorandum of Agreement (MOA)
between the Departments of Education, Health and Human Services, Interior and
Transportation and the Department of Defense and the Departments of the Army, Navy
and Air Force (Attachment I) delineate those agencies' responsibilities for
environmental obligations for the Property.
8.E. RIGHT OF ACCESS
8.E.1 The Grantor reserves a perpetual and assignable easement and right of
access on, over, and through the Property, to access and enter upon the Property in any
case in which an environmental response or corrective action, or a nu&tions response
action is found to be necessary on the part of the United States, without ugariko whether
such response or action is on the Property or on adjoining or nearby lOds. Such
easement and right of access includes, without limitation, the right-%perforrn any
environmental or munitions investigation, survey, monitoring, samplin%9estipg, drilling,
boring, coring, testpitting, installing monitoring or pumping wells or otho treatment
facilities, response action, corrective action, or any other action necess"Y forthe United
States to meet its responsibilities under applicable laws and as provided' or & this Deed.
Grantee, its successors and assigns, shall not interfere with any response, remediation,
corrective action, or other necessary action conducted by Grantor on tffe Pr4erty. This
Page 7 of 17
easement and right of access shall be binding on the Grantee, its successors and assigns,
and shall run with the land.
8.E.2 In exercising this easement and right of access, the Grantor shall give the
Grantee or the then record owner, reasonable notice of the intent to enter on the Property
and exercise its rights under this Deed, which notice may be severely curtailed or even
eliminated in emergency situations. Grantor shall use reasonable means, without
significant additional cost to the Grantor, to avoid and/or minimize interference with the
Grantee's and the Grantee's successors' and assigns' quiet enjoyment of the Property. At
the completion of the work, the work site shall be reasonably restored. Such easement
and right of access includes the right to obtain and use utility services, including water,
gas, electricity, sewer, and communications services available on the Property at a
reasonable charge to the United States. Excluding the reasonable charges for such utility
services, no fee, charge, or compensation will be due the Grantee nor its successors and
assigns, for the exercise of the easement and right of access hereby retained and reserved
by the United States.
8.E.3. In exercising this easement and right of access, neither the Grantee nor its
successors and assigns, as the case maybe, shall have any claim at law or equity against
the United States or any officer, employee, agent, contractor of any tier, or servant of the
United States based on actions taken by the United States or its officers, employees,
agents, contractors of any tier, or servants pursuant to and in accordance with this Deed.
8.E.4. Grantee agrees that, notwithstanding any other provisions of the Deed, that
the Grantor assumes no liability to the Grantee, its successors and assigns, or any other
person, should any response, remediation, corrective action, or other action on the
Property interfere with the use of the Property by the Grantee, its successors and assigns.
B.F. ENVIRONMENTAL DOCUMENTATION - The Grantee has received the
technical environmental reports, including the FOST (Attachment B) and the ECP
reports, updates and re -certifications for the Property (Attachment C; Attachment D;
Attachment E; Attachment F; Attachment G; and Attachment H) that will be
conveyed by this Deed, prepared by the Army (or the Army's designee), and agrees, to
the best of the Grantee's knowledge, that they accurately describe the environmental
condition of the Property. The Grantee has inspected the Property and accepts the
physical condition and current level of environmental hazards on the Property and deems
the Property to be safe for the Grantee's intended use.
o v
8.G. POST -TRANSFER DISCOVERY OF CONTAMINATION
cn z
8.G.1. If an actual or threatened release of a hazardous substaaoe o@opetroleum
product is discovered on the Property after the date of the conveyancegrWhedrer or not
such substance was set forth in the technical environmental reportsn(inQlading the
Asbestos Containing Materials (ACM) Report [Attachment J], prepar4 by Rose
Environmental, dated May 2012, and the Asbestos Containing Material'Mspc` ion dated
April 7, 2015 [Attachment K]), Grantee or its successors or assigns sha3F be j*sponsible
Page 8 of 17
for such release or newly discovered substance unless Grantee is able to demonstrate that
such release or such newly discovered substance was due to the Army's activities,
ownership, use, or occupation of the Property. The Grantee acknowledges receipt of
Attachment J and Attachment K. If the Grantee, its successors or assigns believe the
discovered hazardous substance is due to the Army's activities, use or ownership of the
Property, Grantee will immediately secure the site and notify the Grantor of the existence
of the hazardous substances, and Grantee will not further disturb such hazardous
substances without the written permission of the Grantor.
8.G.2. Grantee, its successors and assigns, as consideration for the conveyance,
agree to release the Government from any liability or responsibility for any claims arising
solely out of the release of any hazardous substance or petroleum product on the Property
occurring after the date of this Deed, where such substance or product was placed on the
Property by the Grantee, or its successors, assigns, employees, invitees, agents or
contractors, after the conveyance. This subparagraph shall not affect the Government's
responsibilities to conduct response actions or corrective actions that are required by
applicable laws, rules and regulations.
8.1-1. NOTICE OF THE POTENTIAL PRESENCE OF MUNITIONS AND
EXPLOSIVES OF CONCERN (MEC)
8.11.1. The Grantee is hereby notified that due to the former use of the Property
as a military installation, the Property may contain munitions and explosives of concern
MEC). The term NEC means specific categories of military munitions that may pose
unique explosives safety risks and includes: (1) Unexploded Ordnance (UXO), as defined
in 10 U.S.C. §101(e)(5); (2) Discarded military munitions (DMM), as defined in 10
U.S.C. §2710(e)(2); or (3) Munitions constituents (e.g., TNT, RDX), as defined in 10
U.S.C. §2710(e)(3), present in high enough concentrations to pose an explosive hazard.)
8.H.2. The Grantor represents that, to the best of its knowledge, no MEC is
currently present on the Property. Notwithstanding the Grantor's determination, the
parties acknowledge that there is a possibility that MEC may exist on the Property. If the
Grantee, any subsequent owner, or any other person should find any MEC on the
Property, they shall immediately stop any intrusive or ground -disturbing work in the area
or in any adjacent areas and shall not attempt to disturb, remove or destroy it, but shall
immediately notify the Local Police Department so that appropriate explosive ordnance
disposal personnel can be dispatched to address such MEC as required under applicable
law and regulations.
C) Av
8.I. Environmental Protection Provisions. Grantee shall neither tratisfeiKthe
Property, lease the Property, nor grant any interest, privilege, or license whanev i in
connection with the Property without the inclusion of these Environmental J&tedon
Provisions contained in this 8.J, and shall require the inclusion of these EnviWmdAtal
Protection Provisions in all further deeds, easements, transfers, leases, or grat)4of-Any
interest, privilege, or license. rn
r+
Page 9 of 17
8.I.1. NOTICE OF THE PRESENCE OF ASBESTOS AND COVENANT
8.I.1.a The Grantee is hereby informed and does acknowledge that non -friable
asbestos or asbestos -containing material ("ACM") has been found on the
Property. The Property may contain improvements, such as buildings, facilities,
equipment, and pipelines, above and below the ground, that contain non -friable
asbestos or ACM. The Occupational Safety and Health Administration (OSHA)
and the EPA have determined that such unprotected or unregulated exposure to
airborne asbestos fibers increases the risk of asbestos-related diseases, including
certain cancers that can result in disability or death.
8.I.1.b. The Grantee covenants and agrees that its use and occupancy of the
Property will be in compliance with all applicable laws relating to asbestos. The
Grantee agrees to be responsible for any future remediation or abatement of
asbestos found to be necessary on the Property to include ACM in or on buried
pipelines that may be required under applicable law or regulation.
8.I.l.c. The Grantee acknowledges that it has inspected or has had the
opportunity to inspect the Property as to its asbestos and ACM condition and any
hazardous or environmental conditions relating thereto. The Grantee shall be
deemed to have relied solely on its own judgment in assessing the overall
condition of all or any portion of the Property, including, without limitation, any
asbestos or ACM hazards or concerns.
8.I.2 NOTICE OF THE PRESENCE OF LEAD-BASED PAINT AND
ASBESTOS AND COVENANT AGAINST THE USE OF THE PROPERTY FOR
RESIDENTIAL PURPOSES
8.I.2.a The Grantee is hereby informed and does acknowledge that all buildings
on the Property, which were constructed or rehabilitated prior to 1978, are
presumed to contain lead-based paint. Lead from paint, paint chips, and dust can
pose health hazards if not managed properly. Every purchaser of any interest in
Residential Real Property on which a residential dwelling was built prior to 1978
is notified that such property may present exposure to lead from lead-based paint
that may place young children at risk of developing lead poisoning. Lead
poisoning in young children may produce permanent neurological damage,
including learning disabilities, reduced intelligence quotient, behavioral problems,
and impaired memory. Lead poisoning also poses a particular risk to pregnant
women, The seller of any interest in residential real property is require4 to
provide the buyer with any information on lead-based paint hazards ®on hsk
assessments or inspections in the seller's possession and notify the buj* oAmy
known lead-based paint hazards. "Residential Real Property" means ang;ho&ing
constructed prior to 1978, except housing for the elderly (households re6FveJ0for
and composed of one or more persons 62 years of age or more at tb®-tima of
initial occupancy) or persons with disabilities (unless any child who is leis the 6
M flfel
N ;n
c:.
m clh
Page 10 of 17
years of age resides or is expected to reside in such housing) or any 0 -bedroom
dwelling.
8.I.2.b Available information concerning known lead-based paint and/or lead-
based paint hazards, the location of lead-based paint and/or lead-based paint
hazards, and the condition of painted surfaces is contained in the Environmental
Condition of Property Reports (Attachments C, D, E, F, and G); Record of
Environmental Consideration (Attachment H); Asbestos Containing Materials
Report (Attachment J) and Asbestos Containing Material Inspection
Attachment K-) which have been previously provided to the Grantee. All
purchasers must receive the federally -approved pamphlet on lead poisoning
prevention. The Grantee hereby acknowledges receipt of all of the information
described in this subparagraph.
8.1.2.c The Grantee acknowledges that it has inspected or received the
opportunity to conduct its own risk assessment or inspection for the presence of
lead-based paint and/or lead-based paint hazards, and any hazardous or
environmental conditions relating thereto prior to execution of this document.
The Grantee shall be deemed to have relied solely on its own judgment in
assessing the overall condition of all or any portion of the Property, including,
without limitation, any lead-based pain hazards or concerns.
8.I.2A The Grantee covenants and agrees that it shall not permit the occupancy or
use of any other buildings or structures on the Property as Residential Property, as
defined under 24 C.F.R. Part 35, without complying with this 8.12 and all
applicable federal, state, and local laws and regulations pertaining to lead-based
paint and/or lead-based paint hazards. Prior to permitting the occupancy of the
Property where its use subsequent to sale is intended for residential habitation, the
Grantee shall perform, at its sole expense, the Army's abatement requirements
under Title X of the Housing and Community Development Act of 1992
Residential Lead -Based Paint Hazard Reduction Act of 1992). 1
8.I.2.e To the extent the Grantee, as a unit of local government, is permitted to do
so under Washington law, the Grantee further agrees to indemnify and hold
harmless the Government, its officers, agents and employees, from and against all
suits, claims, demands, or actions, liabilities, judgments, costs and attorney's fees
arising out of, or in a manner predicated upon personal injury, death or property
damage resulting from, related to, caused by or arising out of lead-based paint or
lead-based paint hazards on the Property if used for residential purpq,5s, acept
those arising out of exposure to lead-based paint and lead-based pa&iyt h&ards
prior to the date the Grantee leased the Property or the date of canvcgance
whichever is earlier). Um n
C3 c
8.I.2.f The covenants, restrictions, and requirements of this subparagrafh shill be
binding upon the Grantee, its successors and assigns and all future v'rmet,; and
shall be deemed to run with the land. The Grantee on behalf off, tseit itsn
Page 11 of 17
successors and assigns, covenants that it will include and make legally binding,
this subparagraph in all subsequent conveyance documents.
8.I.3 PESTICIDE NOTICE AND COVENANT
8.I3.a The Grantee is hereby notified and acknowledges that registered pesticides
have been applied to the property conveyed herein and may continue to be present
thereon. The Grantor and Grantee know of no use of any registered pesticide in a
manner (1) inconsistent with its labeling or with the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)(7 U.S.C. § 136, et seq.) and other
applicable laws and regulations, or (2) not in accordance with its intended
purpose.
8.I3.b The Grantee covenants and agrees that if the Grantee takes any action
with regard to the property, including demolition of structures or any disturbance
or removal of soil that may expose, or cause a release of, a threatened release of,
or an exposure to, any such pesticide, Grantee assumes all responsibility and
liability therefor.
8.I.4 NOTICE AND COVENANT OF LEAD -CONTAMINATED DUST FROM
FORMER USE OF AN INDOOR FIRING RANGE
8.I.4.a. The Administration Building on the Property was formerly used as an
indoor firing range. Lead -contaminated dust was remediated, and confirmation
sampling indicates lead concentrations below 200 µg/£12.
8.I.4.b. The Grantee, its successors and assigns are hereby notified and
acknowledge that additional lead -contaminated dust remediation may be
necessary for a particular use or to comply with applicable law. All costs for any
additional remediation for lead -contaminated dust shall be at the sole expense of
Grantee, its successor or assigns, and not the United States. Furthermore, the
remediation of lead contaminated dust inside buildings is not within the scope of
releases that make a response action necessary under CERCLA Section
120(h)(3)(A).
9. "AS IS, WHERE IS"
9.A The Grantee acknowledges that it has inspected or has had the opportur>gy to
inspect the Property and accepts the condition and state of repair of the subjeci roj&rty.
The Grantee understands and agrees that the Property and any part thereof is oldrx'- AS
IS, WHERE IS" without any representation, warranty, or guaranty by the GraWr ij to
quantity, quality, title, character, condition, size, or kind, or that the same is in candfon
or fit to be used for the purpose(s) intended by the Grantee, and no claim for allditnce or
deduction upon such grounds will be considered. m
rlY
N :nc
O'
Page 12 of 17
9.13 No warranties, either express or implied, are given with regard to the
condition of the Property, including, without limitation, whether the Property does or
does not contain asbestos or lead-based paint. The Grantee shall be deemed to have
relied solely on its own judgment in assessing the overall condition of all or any portion
of the Property, including, without limitation, any asbestos, lead-based paint, or other
conditions on the Property. The failure of the Grantee to inspect or to exercise due
diligence to be fully informed as to the condition of all or any portion of the Property
offered, will not constitute grounds for any claim or demand against the United States.
9.0 Nothing in this "As Is, Where Is" provision will be construed to modify or
negate the Grantor's obligations under CERCLA or any other statutory obligations.
10. HOLD HARMLESS
10.A. To the extent authorized by law, the Grantee, its successors and assigns,
covenant and agree to indemnify and hold harmless the Grantor, its officers, agents, and
employees from (1) any and all claims, damages, judgments, losses, and costs, including
fines and penalties, arising out of the use of the Property or the violation of the
NOTICES, USE RESTRICTIONS, AND RESTRICTIVE COVENANTS in this Deed by
the Grantee, its successors and assigns, and their employees, agents, guest, contractors,
and lessees, (2) any and all any and all claims, damages, and judgments arising out of, or
in any manner predicated upon, exposure to asbestos, lead-based paint, or other condition
on any portion of the Property after the date of conveyance.
10.13. The Grantee, its successors and assigns, covenant and agree that the
Grantor shall not be responsible for any costs associated with modification or termination
of the NOTICES, USE RESTRICTIONS, AND RESTRICTIVE COVENANTS in this
Deed, including without limitation, any costs associated with additional investigation or
remediation of asbestos, lead-based paint, or other condition on any portion of the
Property.
10.C. Nothing in this Hold Harmless provision will be construed to modify or
negate the Grantor's obligations under CERCLA or any other statutory obligations.
11. ANTI -DEFICIENCY ACT. The Grantor's obligation to pay or reimburse any
money under this Deed is subject to the availability of funds appropriated for this purpose and
nothing in this Deed shall be interpreted to require obligations or payments by the GranWr in
violation of the Anti -Deficiency Act, 31 U.S.C. §1341. 69
r
12. If any provision of this Deed or the application thereof to any party or cirdums6nce
shall, to any extent, be held invalid or unenforceable, the remainder of this Dee or" e
application of such provision to the parties or circumstances other than those to which is &ld
invalid or unenforceable shall not be affected thereby and each provision of this Deed_.-&] e
valid and be enforced to the fullest extent permitted by law. r
N on
Cr
c
f'
Page 13 of 17
13. NOTICES. Except as otherwise provided herein, any notice, demand, request,
consent, approval, or communication that a party desires or is required to give to the other parties
shall be in writing and either served personally or sent by first class mail, postage prepaid, return
receipt requested, or delivered by a nationally recognized overnight delivery service such as
Federal Express or United Parcel Service, charges prepaid or charged to the sender's account.
Addresses for purpose of giving notice are as follows:
IF TO THE GRANTOR, United States of America, ACTING BY AND THROUGH
THE Secretary of Transportation, as delegated to the Maritime Administrator:
Director, Office of Deepwater Ports and Offshore Activities (MAR -530)
U.S. Department of Transportation, Maritime Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
IF TO THE GRANTEE, the Port of Pasco, acting by and through the Board of
Commissioners:
Port of Pasco
Executive Director
P.O. Box 769
Pasco, WA 99301
Fax: (509) 547-2547
or, to such other address as a party from time to time shall designate by written notice to
the other party. When personally delivered, notice is effective upon delivery. When
mailed, certified mail, postage prepaid, return receipt requested, notice is effective on
receipt, if delivery is confirmed by a return receipt. When delivered by an overnight
delivery service, notice is effective on delivery, if delivery is confirmed by the delivery
service. A recipient cannot defeat delivery by refusing to accept the notice, and notice is
deemed delivered if refused. The names and addresses set forth herein may only be
changed by written notice, return receipt requested.
Cr i
Page 14 of 17
IN WITNESS WHEREOF, the Grantor and Grantee have caused this to be executed on the 8th
day of January 2016.
I, Matt Beaton, Auditor of Franklin
County, State of Washington do hereby
oertily that the foregoing instrument Is a
true and oonect copy of the original
on file in myvf
Dated this dey of oi0 Ila
Beaton, Audftor
Fr 1 y, , shington
By T
CITY OF WASHINGTON
DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
SECRETARY OF TRANSPORTATION
By: MARITDAE ADMINIS OR Aib.4
Seal) YOE
By:
T. Mi 11 Hudson, Jr., Spfretarys'c
tl-I&Vd-4Q
f
J0\..
By: lnCJ2
Title: I 1 -I
I, the undersigned, a Notary Public in and for the District of Columbia, do hereby certify that T.
Mitchell Hudson, Jr., officially known to me as Secretary, Maritime Administration, U.S.
Department of Transportation, United States of America, personally appeared before me in said
District, and executed as Grantor the foregoing Quitclaim Deed, and acknowledged the same to
be his/her free act and deed in such official capacity.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
Ef
day of 3rJ441, 2016.
NOTARY PUBLIC l
v...' , My Commission expires:
Page 15 of 17
ACCEPTANCE
The Port of Pasco, acting through its Commissioners, does hereby accept this and by such
acceptance agrees to all of the terms and condition thereof.
Executed this _L-k""day of -:S nu &r" 2016.
l iHril:,
1 .
S"Y
Title: Chairman
I, Doti KU \k5 W- Av% , acting as attorney for the Port of Pasco, acting
through the Board of Commissioners herein referred to as the "Grantee," do hereby certify: That
I have examined the foregoing and the proceedings taken by the Grantee relating thereto, and
find that the acceptance thereof by the Grantee has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with the laws of the State of
Washington, and further that, in my opinion, the Quitclaim Deed constitutes a legal and binding
compliance obligation of the Grantee in accordance with the terns thereof.
Dated at Pasco
10
LIL)h thisJ4day of jctN—
M
Title:
2016.
Page 16 of 17
T
q
U!I X
fz
o
Q.
c
zn
N o
r
Page 16 of 17
List of Attachments:
Attachment A: Legal Description prepared by the U.S. Army Corps of Engineers
Attachment B: Finding of Suitability to Transfer (FOST) for the PFC Daniel L.
Wagenaar U.S. Army Reserve Center, Pasco, Washington, dated June
2013.
Attachment C: Environmental Condition of Property Report dated March 2007
Attachment D: Environmental Condition of Property Report, updated October 19, 2010
Attachment E: Environmental Condition of Property Report, recertified October 21, 2011
Attachment F: Enviromnental Condition of Property Report, recertified April 30, 2013
Attachment G: Environmental Condition of Property Report, recertified January 26, 2015
Attachment H: Record of Environmental Consideration, dated December 2010
Attachment I: May 22, 1997, Memorandum of Agreement between the Departments of
Education, Health and Human Services, Interior and Transportation and
the Department of Defense and the Departments of the Army, Navy and
Air Force
Attachment J: Asbestos Containing Materials Report, dated May 2012
Attachment K: Asbestos Containing Material Inspection, dated April 7, 2015
T
xr
O
cr =
a
R1 .
rn
nr_
Page 17 of 17
USARC Pasco (Wagenaar USARC) Tract A, Parcel 1
Disposal of fee by ±2.16 acres
Public Benefit Conveyance
LEGAL DESCRIPTION
A parcel of land located in Section 32, Township 9 North, Range 30 East,
Willamette Meridian, located in Franklin County, WA. More particularly described as
follows:
Tract A. Parcel 1:
Beginning at the intersection of the northerly side of Ainsworth Avenue with
the westerly boundary of the Pasco Engineer Depot, said point being N 0645,12" W,
379.81 feet, more or less, from the center monument of said section 32, thence
southeasterly along the northerly right-of-way line of Ainsworth Avenue, a distance of
875 feet, more or less, to the true Point of Beginning;
Thence continuing southeasterly along the north right-of-way line of Ainsworth
Avenue 325.00 feet;
Thence northeasterly perpendicular to the north right-of-way line of Ainsworth
Avenue 289.00 feet;
Thence northwesterly parallel to the north right-of-way line of Ainsworth
Avenue, 325.00 feet;
Thence southwesterly perpendicular to the north right-of-way line of Ainsworth
Avenue, 289.00 feet to the Point of Beginning.
Containing more or less 2.16 acres.
r
Lq n
O O
O'
rnrn
t
n
N n
By: JEF, 31 Jan 2013, JEF 5 Feb 2014
Checked: OJV 31 Jan 2013
MAP: Port Exhibit.mxd
GIS: Military\PASARC - USARC PASCO (Wagenaar)\Project-
Map\Active
Doc: 002091 - PBC.docx Page 1 of 1
7"
Legend
Projed_ Boundary M A, Par 1C
F --j DoD Parcels
4. „
nmam &
RN REAL ESTATE EXCISE TAX AFFIDAVIT ]bYEPmuama mcayi
Chapter 92.45 RCW-Chapter 458-61A WAC wbm Ympei bY¢Aiv
PL&1SETYPE OA PRINT
TH6 AF8IDA5'RSnU. NDi HB A(O:BPI'ID DN1.F85 At3.AR844 ONALL PAG85 ABB FUll.V ODMVIRI'BD
ss Evk W Im Pve Y[ hma[am0
SevcadE m WP'^Pa'.
Tbu wmmyubmWm Paan Rpivtl6viYYaPmaeAbratlmaPhsvhtpav )
O 6mkbm BmY de1v¢tl[mPDu[baY5uO[OYJlmmmetP[<¢m Pa NabmNS5aaaj6aYmRP[PYBthPmrRa
aPt aa W®ofPmi 6(dmae[Po- Yamled PamYaTcbaa[aa abmlmecl Pg alrEe amMiO
81-GPwnnnvaN aervku
me mynAA:dman:
bc5 oT Im w[ tm Yamctlm.)
YES to
e o
YES m
4tlda Pepvy auie®d vl6rotloipw reapm &3f PCpIP n 0
YYbpmvty Oavfid v[mmlm(aPa aP[a.m4vtl O v
W Imetal o- tlmly) Im! Da atipm &319
O YYpvPvo'aas+aYSaPe[Yl nloaamuhmeial Pepmy PQ O e
rAgm8138 PCY19
B PY mnm w Ya P u ummYd brmv.
O) NOnf]:OT CONTalOANCYQO 4PIAND oiI(.SIPBBM t>881
NEW OWpIFAS(S): To®IUP YemrtatduyPtimntmeu lvao-eJ®RrAtlmv[mmtov
apvapax.5omva.¢aYac mewbm) >w mmlmw mrnaNa,.96ePPn.Pffi
m am A:ambe JAe WaerNvearmmmam 9mIrfY vdv9IDPoteM aipb56ebw. V
tle Iva m Imps auall0v v Ym m mt w'vb m wrbP h 4riwmYa m [LaYotim'¢ w01 h
movavarhe mgmaeelmtldJmlwwW 6eavvaPapabYNffivavvevdwv
mameaPY. (ecx'ee.n.fam uwu3l.taq. Ptmm.e(wa., iW mYwYm
im and mPo au[ Iumm,um.
TSYm nam. oAeaw gvaWy Namm®c
O) Non6or CmNllANCe111A4TOBICPROTEBTST
Ntw owxEBc57: Tamnm.[.P<;a)Plmamnbmmm vaPm. aIw rn a[m,,. vmeam.
ewer([) tlmml nate b[mao4 d1[aalltlm+l Ya relcW[INpv1uN m rA[pv tl1.16 ACW.chW
ae m[ ua PPNe 611h cacf m Rmlcm L the tlme of sY.
I)OWN8R(S)81alAT
i NA R
Nm P( *: Linden
r
CD
cn
WaBpvmlYmPUQ (mpTY mlmmPbY)i lmimirBW Pi¢ CD ( Gx
6ca5vv®paw. tinWMcmbvsEvuw ID[vvuldm
y
No.lSzimlmY:tim) A59-B1A-2Os(pJ f.
a NFinaPP 6eY M1un camemmmaYaW.
OWI CYIm Cee0
OmSeamgP S 0.00
R,.malRmw(mea p s
r pama.®d IAWav) s o.00
T vbk 9dGeSRic S o.00
E Tv:sue s o.ao
aoos mI s aob
Deliagomlbmvl S
real s
xme vp"O:
o[aw[-nPmwy
A TV Gbu p 5 5.00
AOWecif Ro[e®¢Fu
Tm11Ye
A IANQn)M oP riM M DM IN MM ANO oR T"
SEBA'SIAUCIRR1s
FES 0 1 X016
Nm UNIi®STATEB OF ANHBG PORT OF PABCO
tlo IaaMYna AGWHYNbn
MaPm5A4lea
RwSmdLv
IdvlyAdbw PO BOYTBY
v pryMm2p Pvm. WA aASDt
W(abWYSvvvm) Phme NwC baYemmml
sm WPWm!m wmpatlm[m. o s.men fbmtre
x®a
LrallcelsEpemlPrapupmSmtlamwv®bm
vvmma Wmma
tuasszton
liYAaotl+dsla)
m lb,u
6p19YdG)e
o
v
FmeNw( .Ydmeam [od[) O
SevcadE m WP'^Pa'.
Tbu wmmyubmWm Paan Rpivtl6viYYaPmaeAbratlmaPhsvhtpav )
O 6mkbm BmY de1v¢tl[mPDu[baY5uO[OYJlmmmetP[<¢m Pa NabmNS5aaaj6aYmRP[PYBthPmrRa
aPt aa W®ofPmi 6(dmae[Po- Yamled PamYaTcbaa[aa abmlmecl Pg alrEe amMiO
81-GPwnnnvaN aervku
me mynAA:dman:
bc5 oT Im w[ tm Yamctlm.)
YES to
e o
YES m
4tlda Pepvy auie®d vl6rotloipw reapm &3f PCpIP n 0
YYbpmvty Oavfid v[mmlm(aPa aP[a.m4vtl O v
W Imetal o- tlmly) Im! Da atipm &319
O YYpvPvo'aas+aYSaPe[Yl nloaamuhmeial Pepmy PQ O e
rAgm8138 PCY19
B PY mnm w Ya P u ummYd brmv.
O) NOnf]:OT CONTalOANCYQO 4PIAND oiI(.SIPBBM t>881
NEW OWpIFAS(S): To®IUP YemrtatduyPtimntmeu lvao-eJ®RrAtlmv[mmtov
apvapax.5omva.¢aYac mewbm) >w mmlmw mrnaNa,.96ePPn.Pffi
m am A:ambe JAe WaerNvearmmmam 9mIrfY vdv9IDPoteM aipb56ebw. V
tle Iva m Imps auall0v v Ym m mt w'vb m wrbP h 4riwmYa m [LaYotim'¢ w01 h
movavarhe mgmaeelmtldJmlwwW 6eavvaPapabYNffivavvevdwv
mameaPY. (ecx'ee.n.fam uwu3l.taq. Ptmm.e(wa., iW mYwYm
im and mPo au[ Iumm,um.
TSYm nam. oAeaw gvaWy Namm®c
O) Non6or CmNllANCe111A4TOBICPROTEBTST
Ntw owxEBc57: Tamnm.[.P<;a)Plmamnbmmm vaPm. aIw rn a[m,,. vmeam.
ewer([) tlmml nate b[mao4 d1[aalltlm+l Ya relcW[INpv1uN m rA[pv tl1.16 ACW.chW
ae m[ ua PPNe 611h cacf m Rmlcm L the tlme of sY.
I)OWN8R(S)81alAT
i NA R
Nm P( *: Linden
r
CD
cn
WaBpvmlYmPUQ (mpTY mlmmPbY)i lmimirBW Pi¢ CD ( Gx
6ca5vv®paw. tinWMcmbvsEvuw ID[vvuldm
y
No.lSzimlmY:tim) A59-B1A-2Os(pJ f.
a NFinaPP 6eY M1un camemmmaYaW.
OWI CYIm Cee0
OmSeamgP S 0.00
R,.malRmw(mea p s
r pama.®d IAWav) s o.00
T vbk 9dGeSRic S o.00
E Tv:sue s o.ao
aoos mI s aob
Deliagomlbmvl S
real s
xme vp"O:
o[aw[-nPmwy
A TV Gbu p 5 5.00
AOWecif Ro[e®¢Fu
Tm11Ye
A IANQn)M oP riM M DM IN MM ANO oR T"
SEBA'SIAUCIRR1s
FES 0 1 X016
USARC Pasco (Wagenaar USARC) Tract A, Parcel 1
Disposal of fee by ±2.16 acres
Public Benefit Conveyance
LEGAL DESCRIPTION
A parcel of land located in Section 32, Township 9 North, Range 30 East,
Willamette Meridian, located in Franklin County, WA. More particularly described as
follows:
Tract A. Parcell
Beginning at the intersection of the northerly side of Ainsworth Avenue with
the westerly boundary of the Pasco Engineer Depot, said point being N 0°45'12" W,
379.81 feet, more or less, from the center monument of said section 32, thence
southeasterly along the northerly right-of-way line of Ainsworth Avenue, a distance of
875 feet, more or less, to the true Point of Beginning;
Thence continuing southeasterly along the north right-of-way line of Ainsworth
Avenue 325.00 feet;
Thence northeasterly perpendicular to the north right-of-way line of Ainsworth
Avenue 289.00 feet;
Thence northwesterly parallel to the north right-of-way line of Ainsworth
Avenue, 325.00 feet;
Thence southwesterly perpendicular to the north right-of-way line of Ainsworth
Avenue, 289.00 feet to the Point of Beginning.
Containing more or less 2.16 acres.
T
P
N
Ln
O a
n
t
m
N n
By: JEF, 31 Jan 2013, JEF 5 Feb 2014
Cr
Checked: OJV 31 Jan 2013
MAP: Port Exhibit.mxd
GIS: Military\PASARC - USARC PASCO (Wagenaar)\Project-
Map\Active
Doc: 002091 - PBC.docx Page 1 of 1
Mil
Legend
Project_Boundary, A, Par 1
DoD Parcels
r,&;; PORT OF
MaiName PAS CO
September 7, 2016
Chief Bob Gear
City of Pasco - Fire Admin.
P 0 Box 293
Pasco, WA 99301
Dear Mr. Gear:
OFFICE: 1110 Osprey Pointe Blvd., Suite 201
MAIL To: P.O. Box 769
Pasco, WA 99301
PHONE: 509.547.3378
FAX: 509.547.2547
portofpasco@portofpasco.org
Ep 12 2016 '
PORT COMMISSIONERS:
James T. Klindworth
Ronald P. Reimann
Jean-Ryckman
EXECUTIVE DIRECTOR:
Randy Hayden
Welcome to the Port of Pasco. Enclosed is an executed original of a new lease for your files.
This document has been signed and all terms and conditions are in effect for the remainder of
the lease term.
As a courtesy, our accounting department invoices your company for rent. However, in the
event that you do not receive an invoice, or if the rental increase is specified in your lease, but
is not included on an invoice, the lease rent is still due and payable on the 1st of the month as
per terms of the lease.
If you should have any questions, please do not hesitate to contact us at your convenience. We
look forward to a long and favorable working relationship.
Sincerely,
Gary Ball
Director of Economic Development and Marketing
Enclosure
EQUAL OPPORTUNITY EMPLOYER