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HomeMy WebLinkAbout0362 ResolutionRESOLUTION, NO, 362 A.RESOL-UTIvN SETTING,FO'RTH THE DESIRE OF THE CITY COUNCIL OF THE CITY Of PAS.CG TO LEi.SE T -HO �FOLLOVII.NG DESCRIBED PRO= �aL r PERTY TO THE BEST ..AND HIG:�HI;ST RIDDEA: THOSE PORTIONS OF THE IATE T nAI F ' OF THE WEST s j' HALF OF THE SOUTHWEST qUkRTER OF THE aOUTH-` EAST ilU RTSR (l1+12 1 Std-jSE�) OF Se.CTI.iV. THIRTY (30 ), TOWINSHIr- NINE (9 )NQR H RANGE THIRTY } (30) .'BAST,, W.M. , LYING NORTH •JF A LINE DRAv� yr P!:3k1-LEL 'vv`ITH H_ -NTD DISTANT 700 FEET NORTHERLY FROM 'THE SJUTH LIME, F TEE S, UTHEAi:,T - QUL RTER (SEw) OF SLID SECTION THIRTY (30), EXCEPT THOSE PORTI•..,TS THEREOF" OF LUCAS STREET, HOP- KI'I�TS: STREP, OLI TE STREET, r�OiJND .STR��`'ET GRACE STREET s 'WHICk;' ;HIDER, DEDICLTED TO `. Ht E PUBLIC BY ORDER OF TR.E BOARD OF CUUa�TTY �a COT+,it[ISbIONERS OF FRANKLIN COUNTYWf:S�HINGTUN OF JULY 312 1922 AND WHIC�-� ORDER WAS R�C;7RD.E�` JULY 51 1922 _kS,.AUDITOR' S' FILE NO. 50692 ITf .:j! ' DEEDS AT Pi�U UO ,UNTE 42 OF E 556, RECORDS OF , { FRANKLIN COUi�TY, W SHITNG`_uN AND .SETTING FORTH THE PROCEDURE TO BE FOLLOWED TO ACCOMPI,ISH G� . S.A.ID PURPOSE-._, v. HERE:AS the LeZislat�re ,6f the State of 'Ws ington , r assEd an Actarovid that the City Council of the; ka s' .p.g lt'y df� Pasco,; uan�.finding the tithe above described pro- peitty s.not•:required for park purposes', shall have power 4t& -`lease sell, or otherwise_ dispose ` of the above described. F -i r:ty to the,; be>st and highest bidder after advertising or. bids in not .less than three editions of the official news-: paper of the City ,of Pasco', and WHEREAS the City Council: of the Cite of 1'+ sco ;made a finding orr .th.e. 17th day, of ' M=ay, 1955, that` the above des- •`,� ' - , cribedcRroperty,;,is not .required for parkpurpioses, and, Ur.ENYRE: S the City Council of the City of Pasco held a pli>c hearing on the question of whether the above des- crbed property should be leased, sold or otherwise disposed of on the 5th day of Kay, 1955, and %'-1 - i -2- WHE L'EHS the City Council of the City of Pasco deems it to be to the best interest of the City of Pasco to lease the above-described property to the best and highest bidder, NOW, TriE BEFORE, THE CITY COUNCIL OF THE, CITY �F PaSCO DIJ R 8"iLNE e_S FOLLOWS: Section 1. That the following described property locat- ed in the City of Pasco, Franklin County, Washington, be leased to the best and highest bidder: Those portions of the west half of the west half of the southwest quarter of the south- east quarter of Section thirty (30), Townchip nine (9) _orth, Range Thirty (30) East, W.M., lying north of a line drawn parallel with and distant 700feet northerly from the south line of the southeast qu&rter (51 ) of said section thirty (30), Except those portions thereof of Lucas ;treat, 1-lop- kins Street, Olive Street, Mound Utreet, and Grace Street, which were dedicated to the public by Order of the Board of County Commissioners of Franklin County, Washington of July 3, 1922, and which order was recorded July 5, 1922 as auditor's file 4"o. 50092 in Franklin County, Washington, Section 2. That the xdverti.sment For Bids, Infor- mation to Bidders, and a Proposal attached hereto are made a part of this resolution by reference as trough fully set forth herein verbatim. Section 3. That the Advertisment For Bids be published in the official newspaper of the City of Pasco, The Tri - City Herald, on the 13th, 11Lth and 15th_ days of June, 1955• Section 4.' That sealed bids shall be opened in the Council Room of. the City Hall , Pc SCO, ieshington, at 12:01 13.?1., Pacific Standard Time, on the 20th day of June, 1955, and shall be publicly opened and read. PLST AND APPROVED this 13th day of June, 1955. 41�_YOR V 1. ,ATTEST: ,f ' City Clerk J � k' -I RO v D LS TO FORPi City Attorney CITY OF PASCO, WASHINGTON ADVERT I SEMtNT FOR BI D.S' F:.0R . LEASE OF CITY PROPERTY Sealed proposals .for:. the lease of the following described pro perty owned .by the City..of P-asC6: 'sI,tuated din Pasco, Franklin County, Washington: Those portions .of the west half of the west half of the southwest quarter of the southeast quarter (WZWJSWJSEJ) of Section Thirty (30), . Township nine (9) North; Range Thirty (30). East, W.M'.,., lying north of.•a 1_ine drawn parallel with and d i s.tant 700 feet northerly from the 'south fine of the south- east quarter. '(SE -1). of said .section•thirty (30), EXCEPT those portions thereof_of Lucas -Street, Hopkins Street, Olive Street, Mound Street' and. GraceStreet, which were dedicated to the pub- lic by_Order of the Board of County Commissioners of Franklin County, Washington, of July 3,.1.922, and which order was re- Corded July 5, 1922 as auditorts'file No. 50692 in Volume 42 of .Deeds at page.586, records of Franklin County, Washington,. will be received at the office of the City Clerk, City Hall, Pasco, Washington, until 12:01 P..M., Pacific Standard Time, on the 20th day of June, ,1955, and..then will be publicly opened and read. The Information to Bidders and Proposal forms.may be obtained at the Office of the City Clerk., 'City Hall, Pa-sco, Washington. Each pro- posal must be submitted on. the prescribed p.roposIal forms and be accaom- panied by 'a certified check or a cashier's check in the amount of not less than. $ . as bid security,which shall be forfeited as 1 i.quidated .CTa'mages. by ,tb.e successful Bidder according to the terms and provisions of the Proposal. The right is reserved_ to reject any and a.11 Proposals, or to accept- that :Proposal which is- to ;the best interests of the City of P'asco.. DATED THIS 13th day of June, 1955 CITY OF PASCO,. WASHINGTON By r e CITY OF PASCO, WASHINGTON INFORMATION TO BIDDERS June 13, 1955 1. GENERAL. Proposals are hereby invited which will serve as the basis for a lease award of the following described property located in the City of Pasco, Franklin County, Washington, to -wit: Those portions of the west half of the west half of the southwest quarter of the southeast quarter (WjWzSWZi 1SE�) of Section Thirty (30), Township nine (9) North, Range Thirty (30) East, W.M., lying north of a line drawn parallel with and distant 700 feet northerly from the south line of the southeast quarter (SES) of said Sec- tion Thirty (30) , EXCEPT those portions thereof of Lucas Street, Hopkins Street, Olive Street, Mound Street and Grace Street, which were dedicated to:_ the public by Order of the Board of County Commissioners of Franklin County, Washington of July 3, 1922, and which order was recorded July 5, 1922, as auditor's file No. 50692 in Volume 42 of Deeds at -page 586, records of Franklin County, Washington. 2. SUBMISSION OF PROPOSALS. All proposals must be submitted in the manner prescribed in the Advertisement for Bids. Proposals must be made on the prescribed proposal forms in duplicate, in a sealed envelope, which shall clearly indicate that it contains a proposal for a lease, and which shall bear a return address and be addressed as follows: City Clerk City of Pasco City Hall Pasco, Washington (Contains Bid for Lease of City Property) Proposals will be received -at the above address until 12:01 P.M., June 20, 1955, at which time they will be opened in the presence of any bidders who desire to attend. The award will be made by the City of Pasco to the best and highest bidder on the basis of that proposal which in its judgement will best serve the interests of the city. All proposals are subject to review and approval by the City; and the City reserves the right to reject any and all Proposals and to waive informalities or irregularities in Proposals, or to issue an invitation for new Proposals. S Any:Proposal shall be deemed informal which contains omissions, erasures, alterations, or additions of any kind, or items uncalled for, or in which any of the items are obviously unbalances, or which in any manner shall fail to conform to the conditions of the published Ad- vertisement for Bids or the Information to Bidders. No proposal maybe withdrawn after the time scheduled for opening of proposals. All factors, including. experience, and financial resources, will be taken into consideration in the selection of the lessee. 3. AWARD OF THE LEASE. Within thirty (30) days after the opening of the Proposals, the City of Pasco will accept one of the Proposals or will. act in accordance with paragraph 2 of this Information to Bidders. The acceptance of the Propos°al will be by notice in writing or telegraph, mailed to or delivered to the office designated in the Proposal. The. lessee will be required, at his own expense, to complete any and all improvements set forth in the Proposal and to enter into a lease with the City of Pasco which will contain substantially all'of the following provisions set forth in this Information to Bidders and the provisions set forth in the Proposal. 4. PURPOSE. The Proposal must state the purpose for which the lease is desired and no other use will be permitted unless the City Council authorizes other and/or additional uses in writing in advance. In the event the lessee requests that the property be used for any other or additional uses, the City shall have the right as a condition to the granting of such request to increase the annual rental under this Lease. 5. TERM. The lease tern, Page two Information to Bidders Including any renewal option or options, shall not. ,4 t exceed 50 years, and shall be for at least 10 gears, excluding any renewal option. 6. PAYMENTS. The rent shall be paid in four quarter -yearly installments, each quarter to be paid in advance, at the City Olerl s Office in the City Hall, Pasco, Washington, on elsewhere, as may be designated from time.. to time by th.e City. The City may, at its option, require the lessee to pay interest computed at the rate -of 6% per annum from due date of each payment, and upon each defaulted obligation, until paid. The minimum annual rental" shall be 2,000.00 7. CONSTRUCTION. The lessee agrees that it will, at its own cost.and expense, commence, and complete construction of all improvements within the time set forth. in the proposal. The Lessee, before proceeding g wi th the construction of the proposed improvement on the above-described property, shall submit to the City, for inspection and approval by the City Council, three (3) copies of completed drawings and specifications covering the proposed improve- ment within the time set forth in the proposal. Work on the improvement on the above-described property shall be com- menced wi thin the time set forth in the proposal after the receipt by the Lessee, from the City, of notice of approval of the drawings and specifications and work shall be completed in accordance therewith as set forth in the Proposal or as this time may be extended by, the City because of delays beyond the control of the lessee. The construction must conform to the ordinances of the City of Pasco, the National Electrical Code and the State of Washington Electrical Code.. The lessee shall procure or cause to be procured all licenses, permits, franchises, eatements,rights of way or other interests in real pro- perty, necessary for the performance of work in connection with the construction. Page Three Information to Bidders l i The lessee shall bear the expense of all site.preparation. Any such work done by the lessee.shall be approved in advance by the City. Th,e City shall have the right to''inspect in such manner and at such times. as are reasonable, the work in the process of construction. The City must approve the completed improvement on the above-described property. If the City so directs, the lessee shall requare any or all of Its contractors to furnish adequate performance and payment bonds. The lessee shall furnish the City as to the above-described property, one set of "as built" reproducible plans of the original improvement and of any subsequent improvement within 60 days after approval by the City of the completed work, or as this time may be extended by. the C1ty. The lessee agrees to save the City harmless from any and all damages to'owners of adjoining lots by reason of the erection of any improve- ment upon the above-described property. No improvement erected upon said premises shall be removed, altered, or torn down without the consent in wr i ting of the City. 8. TITLE TO IMPROVEMENTS ON ABOVE-DESCRIBED PROPERTY. Any improvement erected by the lessee shall be and remain, during the term of the lease and any renewal hereof, the personal property of the lessee, irrespective of th.e manner in which the improvement may be affixed to the land. Upon expiration of the term of the lease, or any renewed term hereof', title to the improvement erected upon the premises shall vest in the, City of Pasco and the improvement shall thereupon become a part of the realty. The lessee must at such time execute, acknowledge and deliver any and all documents of title deemed necessary by the City, taking all neces- sary steps to transfer title to the City, free and clear of all liens. encumbrances and charges., other than those expressly authorized and validly existing under the provision of paragraph 9. Page four In Pan to Bidders f Y h q. .ENCUMBRANCES AND ASSIGNMENTS. Except , -with the prior written approval o -f the City, the lessee shall not sell, assign, mortgage, lease, sublease, license or otherwise dispose of or encumber in whole or in part, the leasehold estate hereby created or the improvement to be erected, or suffer any voluntary or involuntary transfer or disposition of title or encumbrance to be made; and the lessee will indemnify and keep indemnified the City against losses resulting from the payment of any lien, charge or encumbrance. If, pursuant to the written consent of the City, lessee shall mort- gage., pledge or otherwise encumber the leasehold estate hereby created or the improvement to be erected hereunder, then no termination pro- vided for under Section 1 of paragraph 12 shall impair the validity of any -such lien or encumbrance., Any notice of default on the part of the lessee, or intention on the part of the City to terminate or revoke this lease shall be mailed to the agent designated by the mortgages, pledges, or other encumbrance -holder; provided, however, that no notice of such default or intention to terminate shall be required to be given to said mortgagee, pledgee or other encombrance- holder, if he fails to designate such an agent. 10. OPERATION. The lessee shall keep the premises, and all improvements erected thereon in good condition and repair. No additions to, or alterations of, the improvement shall be made, nor shall any additional building be erected, without the prior written approval of the City, which shall not be unreasonably withheld, nor shall any substantial change in the terrain of the premises be made without such approval. The lessee shall pay any and all taxes irrmpos>ed by the Federal Govern- ment, the State, or any political aubdivision thereof', including per- sonal property taxes on all improvements. The premises shall be used only and exclusively for proper and legit- imate purposes. The lessee will not use -or suffer nor permit any Fuge Five Information to Bidders 4 t s person to use in any manner whatsoever the said premises or any im- provement thereon, nor any portion thereof, for any purpose or use in violation of the laws of the United States, or of the State of Washington, or of the ordinances of .the City of Pasco, or for any immoral or unlawful purpose whatever. 11 INDEMNITY AND INSURANCE. The lessee shall indemnify and hold harmless the City from any and all liability whatsoever for injury to or death of persons, -or loss of or damage to property, caused by or arising out of activities.or nonfeasance in connection with the construction, maintenance, or operation of the premises or any improvement thereon, whether such activities be those of the lessee or any of its contractors or the officers, employees, or agents of lessee or of any of their contrac- tors. The lessee shall maietain, or shall cause to be maintained, insur- ance in at least the following amounts: Public (Liability for Bodily Injury $50,000/$100,000; Public Liability for Property Damage, 55,000; Automobile Public Liability for Bodily Injury, $50,000/3100,000; and Automobile Public Liability for Property Damage, $,000; for purposes, of providing protection against claims which may arise from activities in connection with the construction, maintenance, or operation of the premises or any improvement thereon, whether such activities be those of the lessee or any of its contractors, or the officers, employees, or agents of the lessee or of any -of their contractors, and such other or additional insurance as will furnish reasonable protection against such claims. Certificates of such insurance shall be filed with the City, and the City shall be given ten (10) days? notice by mail of changes in or cancellation of any such insurance. 12. TERMINATION AND EXPIRATION. l.) This lease or any renewal hereof may be terminated by the Lessor, for default according to law, and for any of the following reasons: (a) Default in making any payment hereunder, including rent, Page Six Information to Bidders when the Lessee is in default longer than ten (10) days from the date such payment is due hereunder; or default In the performance by.the Lessee., its agents, contractors, or employees in respect to any of the terms, conditions, or covenants of the lease, whether or not such fault is expressly declared. to be a cause for termination elsewhere in the lease; provided, however, that the lease shall not be terminated for. default (other than default in payments) if such default is remedied within ten (10) days after written notice thereof has been given to the lessee by the City. (b) The filing of a petition under any bankruptcy or in- solvency laws, or similar proceeding, either by or against the Lessee; the appointment of a receiver of the property of the Lessee; or the making by the Lessee of a general assignment for the benefit of its creditors. (`c) Abandonment of the premises by the Lessee. (d) Condemnation of the premises. 2.) In.the event of termira tion by the City, for any of the rea- sons stated above: (a) The Lessee will be permitted to sell or otherwise dis- pose of the improvement, in place, for continued operation, within thirty (30) days, or as this time may be extended by the. City, to such person,or persons, and upon such terms and conditions as the City may approve in writing in advance. (b) In the event that the Lessee does not sell or otherwise dispose of the improvement under Paragraph (a) immediately preceding, title to the improvement shall vest in the City, subject to the provision s of Paragraph 9 without any com- pensation therfor, and in such event the Lessee covenants to execute, acknowledge and deliver any and all documents of t.itle and to take all necessary steps to transfer title to the Cityy.free and clear of all liens, encumbrances and Pape Seven Information to Bidders charges, other than those expressly authorized and validly existing under the provisions of Paragraph 9 hereof. 3.) Upon termination, or expiration of this Lease, or any renewal hereof, the lessee shall, at the request of the City, sur- render possession and vacate the premises, remove all its property therefrom, and deliver possession of the premises, to the Ci.ty, and hereby grants to the -City full and free right to enter into and upon the premises in such event, with or without process of law, and to take possession of the premises, and .to remove any and all property therefrom, ,usin,g.sucb force as may be necessary, without being deemed guilty of trespass, eviction or.forcible.entry or detainer and without relinquishing Cityfs rights to payments or any. other right given to City hereunder or by operation of.law. 13 LIMITATION. City Is not and never shall be liable to any creditor of Lessee, or to any ca.limant against the estate or property of Lessee, for any debt, loss, contract, or other obligation of Lessee. 14. REPAI R -'.OF STREETS. The City, or any of its agents, employees or contractors shall not be liable°for any interruption of the Lessee's business or interfer- ence therewith which may result from the repair, relocation, changing of grade, or closing down or opening of any streets, roads or highways. 15. NOTICES. In every instance where it shall be necessary or desirable for City to serve any notice or demand upon Lessee, it shall be sufficient either (a) , to del iver or cause to be del ivered, to Lessee a wr i tten or printers copy thereof, or (b), to send a written or printed copy thereof by United States registered mail, postage prepaid, addressed to Lessee at the demised premises, in which event the notice or demand shall be deemed for all purposes to have been served at the time the copy is mailed or (c), to leave a written or printed copy thereof with any person residing on or in possession of the demised premises, in which Plage Eigght Information to Bidders event the notice or demand shall be deemed to have been served at the time the copy i s . so left or affixed. 16. MISCELLANEOUS. 1.) No receipt of money by the City from Lessee after the termination of this Lease, ,or after the service of any notice, or after the, com- mencement of any su;i t, or after final ,,judgment for possession of the demised premises, shall renew, reinstate, continue or extend the term of this lease, or affect any such notice, demand or suit. 2..) Failure of the City to take any action with respect to any de- fault by the Lessee hereunder shall not constitute a waiver of any of the Cityts.rights under this lease; and no express waiver shall affect any default other than the default specified in the express waiver and that only for thetime and to the extent therein stated.., 3.) The invalidity or unenforceability of any provision herein shall not affect or impair any other provision in this Lease. 17. FIRE OR OTHER CASUALTY. If the improvement be totally or partially damaged or destroyed by fire, acts of God, or other casualty, the Lessee shall rebuild, re- pair, reinstall or rehabilitate the improvement at the Lesseets ex= pease, which work shall be performed in accordance with the provisions of Paragraph 7 of this Lease. If the improvement is partially damaged or destroyed, the.Lessee shall continue to make payments in accordance with Paragraph 6 of this Lease. If the improvement is determined by the City to be totally destroyed, no payments shall be due from the date of destruction until a date agreed upon by the parties for the completion of construction. The Lessee shall keep insured during the term of the Lease any and all buildings or improvements that may be built or placed upon the above-described p`r•operty against fire or other casualty in good and responsible company or companies, as may be approved by the City, for the full insurable. Value, and all policies issued and renewals thereof are to be `assigned to, and in case of loss be made payable to the City, the same to be held by the City as additional security Page Nine Information to Bidders for the amount of rent and the rebuilding herein provided for; No interest is to be paid on insurance money by the City during the time saidemoney remains in its possession. Any and al -1 moneys which the said City shall receive by reason of any loss or destruction of the said buildings or improvements is hereby consti tuted, a trust fund, to be used for the rebuilding of the build- ings and improvements upon said premises as he.rein.provided for. The .City shall not be responsible for the col lection• or noncollection of any insurance money, in any event, but only for such insurance money as shall come. into its hands. If the Lessee neglects to insure and keep insured the buildings and Improvements on said premises, the City may, at its election, pro- cure and renew such insurance and add the amount paid therefor to the Installment of rent next thereafter falling due under this Lease, together with interest thereon at the rate of 6% per annum. 18. RESERVED RIGHTS. City reserves the right to enter the premises or any part thereof at reasonable hours to make inspections, to exhibit the premises to prospective tenants, purchasers, or others, and to perform, consistently with this Lease, any act relating to the safety, protection, preser- vation., sale or improvement of the premises or the improVenents. 19. LITIGATION COSTS. Lessee shall -pay upon demand all of City's costs,charges and expenses, including the fees of couusel, agents and other retained by City, Page Ten Information to bidders The City, In case the buildings or improvements shall at any time, or times., be destroyed by fire or, other casualty during said term, shall pay to the Lessee, upon proper architect's Certificates, so much of''sa d insurance money as may be received by reason of such loss or destruction, in such sum or sums as may be necessary to pay for rebuilding as herein provided. No interest is to be paid on insurance money by the City during the time saidemoney remains in its possession. Any and al -1 moneys which the said City shall receive by reason of any loss or destruction of the said buildings or improvements is hereby consti tuted, a trust fund, to be used for the rebuilding of the build- ings and improvements upon said premises as he.rein.provided for. The .City shall not be responsible for the col lection• or noncollection of any insurance money, in any event, but only for such insurance money as shall come. into its hands. If the Lessee neglects to insure and keep insured the buildings and Improvements on said premises, the City may, at its election, pro- cure and renew such insurance and add the amount paid therefor to the Installment of rent next thereafter falling due under this Lease, together with interest thereon at the rate of 6% per annum. 18. RESERVED RIGHTS. City reserves the right to enter the premises or any part thereof at reasonable hours to make inspections, to exhibit the premises to prospective tenants, purchasers, or others, and to perform, consistently with this Lease, any act relating to the safety, protection, preser- vation., sale or improvement of the premises or the improVenents. 19. LITIGATION COSTS. Lessee shall -pay upon demand all of City's costs,charges and expenses, including the fees of couusel, agents and other retained by City, Page Ten Information to bidders incurred in enforcing Les -seers obligations hereunder, or incurred by City in any litigation, negotiation or transaction in which Lessee causes City, without Cityls fault, to become involved or concerned. 20. I NTEGR;AAT I ON . This Lease contains the entire understanding between the parties, and there. are no understandings, representations, or warranties not set. forth or incorporated by reference herein. No subsequent ,modi- ficati-ons of this lease shall be of any force 'or effect unless in writing, signed by'the party claimed to be bound hereby. 21 STREET AND SIDEWALK IMPROVEMENTS. The lessee shall construct sidewalks and curbs on all sides of the above-described property that may adjoin or abuta street, if and when requested by the City -according to specifications set forth by the City. s The Lessee shall pay one-half the cost of any and all street.improve- ments on streets that adjoin or abut the above-described property with the .exception of' Olive Street on which the lessee shall pay all costs of any and all street improvements, all of said. improve- a ments ,to be made if and. when requested by the City. s PROPOSAL Proposal of NAME ADDRESS TO; THE CITY COUNCIL CITY OF PASCO CITY HALL PA.SCO, WASHINGTON I. The undersigned, hereafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein; that this Proposal is in all respects fair and without fraud; that it is made without collusion with any official or employee of the City of Pasco; and that the Proposal is made without any connection or collusion with any person making another proposal. II. The Bidder in compliance with the'Information to Bidders dated June 13., 1955, and subject to all the terms and conditions thereof, submits this proposal to lease from the City of Pasco the following de- scribed property in. Franklin County, Washington, to wit: Those portions of the west half of the west half of the southwest quarter of the southeast quarter (WJW�SWISEJ) of Section thirty (30), Township nine (9) North, Range Thirty (30) East, W.M., lying north of a line drawn parallel with and distant 700 feet northerly from the south line of the southeast quarter (SEI) of said section thirty (30), Except those portions thereof of Lucas Street, Hopkins :Street, Olive Street, Mound Street and Grace Street, which were dedicated to the public by Order of the Board of County Commissioners of Franklin County, Washington of July 3, 1922, and which order was recorded July 5, 1922 as auditor's file No. 50692 in Volume 42 of Deeds at .page 586, records of Franklin County, Washington. Ill. The Bidder proposes to utilize the property for the following use or uses: IV. The Bidder will pay to the City of Pasco the following annual rental in four quarter -yearly installments (the minimum annual rental (Page 2 of Proposal) shall be $ 21000.00 ! V. The Bidder requests that the tenure of the lease be for the following period: years. We request an option or options to renew the lease as follows: VI. Information -ori the improvement the bidder proposes to con- struct at his own expense on the above described property: A. Explanation of Improvement: B. Dimensions of improvement and land area (attach per- spec,tive pencil drawing indicating layout in approximate lineal dimensions, and proposed plot plan.) C. Estimated construction cost D. In the event we are awarded a lease, we will prepare and submit complete, detailed plans and specifications within a maximum of calendar days following re- ceipt of award; will construct the improvement within a maximum of calendar days following approval of plans and specifications; and will be ready for operation of all or'a portion of the premises within a maximum of l calendar days following completion of construction. .11 Page 3 of Proposal VII. Information to be furnished in the event the bidder pro- poses to construct improvements on property.adjoining the above de- scribed property which may be utilized in any -way in connection with the above-described property: A. Explanation of improvements on adjoining property If any are planned. B. Dimensions of improvement and land area for improvements on ad ioini.ng property if any are planned (attach perspec- tive pencil drawing indicating layout in approximate lineal dimensions and proposed plot plan.) C. Estimated construction cost of improvement on adjoining premises, if any are planned D. In the event improvements are contemplated on adjoin - Ing property, the following time schedule will be met: 1. Construction shall begin by Date 2. Improvements shall be completed and ready for operation by Date E. It is understood that the city may take into considera- tion in making its award to the highest and best bidder all factors which in its judgement will best serve the interests of the city, including the nature and extent of the improve- ments which may be contemplated on adjoining property, which it (Page 4 of Proposal) may be utilized in connection with the above-described property, as well as the nature and extent of the im- provements contemplated on the above-described property. Therefore, in the event the bidder plans improvements on adjoining property, it is imperative that the bidder set forth in this proposal the dates on which construction will begin on improvements on adjoining property, and the dates on which the improvements will be completed and ready for operation; the foregoing will be incorporated into the Lease as terms and conditions thereof. It is agreed that if the bidder does not comply with all the terms of this Proposal, including but not limited to the time schedule set forth herein for the construction and completion of all improvements on the above-described property, as well as the improvements on the adjoining property, in the event any are planned, the Lease may be terminated by the city in accordance with the Termination and Expiration Provisions in the Information to Bidders. It is understood that the aforesaid Termination Pro- visions are in addition to the Bid Security Provisions set forth below. VIII. The Bidder agrees that if this Proposal is accepted, he will, within 30 days after notification of acceptance enter into a lease with the City of Pasco containing substantially the same terms, covenants, and conditions set forth in the Information to Bidders and in this Proposal. IX. It is agreed -'that if the Bidder is awarded the lease herein proposed and shall fail or refuse to execute the lease within 30 days after receipt of notification of acceptance of his Proposal, Sundays and holidays included, then, in that event, the bid security in the sum of Five hundred - - - - - - - - - - - - - - DOLLARS (s 500.00 ) ,deposited herewith in the form of a certified check or cashierls check drawn on bank in good standing shall be retained by the City of Pasco and forfeited by the Bidder as liquidated damages, and it is agreed - that the said sum is a fair measure of the amount of damage that the (Page 5 of Proposal) City of Pasco will sustain in case the Bidder shall fail or refuse to enter into the lease as specified herein. Amounts deposited by unsuccessful bidders will be returned as soon as practicable after the bid opening. Said sum deposited by the successful Bidder will be held until completion of the construction of all improvements set forth in this Proposal and will be returned to the successful Bidder on comple- tion of said construction. X. The Bidder attaches hereto and makes a part hereof a current financial statement of the above proposed lessee, as of , 1955, together with a statement of business background and experience of the proposed principals. The Bidder also attaches hereto and makes a part hereof a complete outline of the financing he plans to obtain to construct the aforesaid improvements. XI. In the event this proposal is accepted, the lessee will be: A. An individual enterprise ( ). B. A partnership ( ). (If a partnership, show names and addresses of proposed partners.) C. A corporation ( ). (If a corporation, show names and addresses of proposed officers.) Signature of Proposed Lessee Ti tle Address Phone Date L�