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HomeMy WebLinkAbout0364 ResolutionRESOLUTION NO. 364 A RESOLUTION SETTING FORTH THE DESIRE OF THE CITY COUNCIL OF THE CITY OF PASCO TO READVER- TISE FOR BIDS TO LEASE THE FOLLOWING DESCRIBED PROPERTY 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 (WZW-SW SEa) 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 (SE -z') OF SAID SECTION THIRTY (30), EXCEPT THOSE PORTIONS THEREOF OF LUCAS STREET, HOP- KINS STREET, OLIVE STREET, MOUND STREET AND GRACE STREET, WHICH WERE DEDICATED TO THE PUBLIC BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF FRANKL I N COUNTY, WASHINGTON OF JULY 3, 1922, AND WHICH ORDER WAS RECORDED JULY 5, 1922 AS AUDITORIS FILE NO. 50692 IN VOLUME 42 OF DEEDS AT PAGE 586, RECORDS OF FRANKL I N COUNTY, WASHINGTON, SETTING FORTH THE PROCEDURE TO BE FOLL.MIED TO ACCOMPLISH SAID PURPOSE, AND REJECTING ALL BIDS HERETOFORE RECEIVED. WHEREAS, bids were called to lease the above-described property to the best and highest bidder in accordance with the pro- visions of Resolution No. 362, and WHEREAS, one bid was received from Sydney Sher for River Center Development Company which did not conform to the terms --of the Proposal, and WHEREAS, the City Council wishes to reject said bid and to readvertise for bids to lease the above-described property to the best and highest bidder, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO RESOLVE AS FOLLOWS: Section 1. That the bid submitted by Sydney Sher for the River Center Development Company on the 21st day of June, 1955, is hereby 'rejected, Section 2. That the following described property located in Franklin County, Washington, shall be readvertised for lease to the best and highest bidder: 11 t� Those portions of the west half of the west half of the southwest quarter of the south- east quarter(WzWLSWgSEI) 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 (SE-) of said section thirty (30), Except those portions thereof of Lucas 'Street, Hop- kins Street, Olive :Street, Mound Street, and Grace 'Street, which were dedicated to the public by Order of the Board of Cognty Commissioners of Franklin County, Washington of July 3, 1922, and which order was recorded July 5, 1922 as auditorTs file No. 50692 in Franklin County, Washington . :Section 3. That the Advertisement for Bids, Information to Bidders and Proposal attached hereto dated June 22, 1955, are made a part of this resolution by reference as though fully set forth herein verbatim. Section 4. That the Advertisement for Bids be published in the official newspaper of the City of "Pasco, The Tri -City Herald, on the 22nd, 23rd and 24th days of June, 1955• Section 5. That sealed bids shall be opened in the Council Chambers of the City Hall, Pasco, Washington on the 27th day of June, '12:01 P.M. 1955,/and shall be publicly opened and read. PASSED AND APPROVED THIS DAY OF JUNE, 1955• MAYi ,zu OR ATTEST; City Clerk APIA' OVEEL AS TO FO City Attorney '-A r CITY OF PASCO, WASHINGTON INFORMATION TO BIDDERS JUNE 22, 1955 1 GEA?ERAL . Proposals are hereby invited which will serve as the basis for a lease award of the following described piroperty 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 (WiIV SW4SE4) 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 southline of the southeast quarter (SE4) 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 aud- itor'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 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 12:0. P. M., June 27, 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 judgment will best serve the interests of the City. All proposals are subjest to review • 3W u and approbal 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, Any Proposal shall be deemed informal which contains ommissions, erasures, alterations, or additions of,any kind, or items uncalled for, or in which any of the items are obviously unbalanced, .or which in any manner shall fail to conform to the conditions of the published Advertisement for -Bids, the Information to Bidders, or the Proposal. No.praposal may be 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 leasee. AWARD OF THE LEASE. Within thirty (30) days after the opening of the Proposals, the City sf .Pasco will accept `one •.of the Proposals ' or will act in accordance with paragraph 2 -of this Information to Bidders, The acceptance of the Pro- posal will be by `notice. in writing ,or telegraph, mailed to or delivered to the .offi.ce. 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' 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 andlor additional uses in writing in advance, Page Two Information to Bidders i, s 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., TERM, The lease term, including any renewal option or options, shall not exceed 35 years, -and shall be for at least 10 years, excluding any renewal' option, 6. PAYMENTS. The rent shall be apid in four quarter -yearly installments, each quarter to be paid in advance, at the City Clerk's Office in the City Hall, Pasco, Washington., or elsewhere; as may be designated from time to time by the 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•annuai rental shall be $2,000.00, to commence on the date the .lease is executed. 7- CONSTRUCTION» The lessee agrees that it will, at its owr'cost and expense, commence and complete construction of all improvements within the time set forthn the proposal The lessee, before proceeding with. 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 completeddrawings and specifications covering the proposed improvement within the time set forth in.the proposal,. Work on the improvement on the above-described property shall be commenced within the time set forth in the proposal after the receipt by the Lessee, from the City, of notice of approval of the drawings Page Three Information to Bidders c and specifications and work shall be completed. in accordance there- with 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 'ational Electrical Code and the State.of Washington Electrical Code . .The lessee shall procure or cause to be procured all licenses* permits, franchises, easements, rights of way.or other interests in real property necessary for the performance. of work in connection with. the construction# The lessee shall bear the expense of all site preparationi, Any such work dons by the Tes'see shail.,be approved in advance by -the City* The 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 require 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$ oras this time may be extended by the City:. The lessee agtees to' save the City harmless from any and all damages" to owners of adjoining logs 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 writing of the City. PaFour Inaformation to Bidders a 8 . TITLE TO IMPROVEMENTS ON ABOVE-DESCRIBED PROPERTY. Any improvement ereete-d by the lessee shall be and remain, during the term of this lease ands any renewal hereof, the personal property of the lessee, irrespeetive of the manner.in which the improvement maybe affixed to the land Upon.expirati,on of the term of the lease, or any renewed term hereof,. title of the improvement erected upon the premises shall vest in the .City of Pasco and the improbement 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 necessary steps to transfer title to the City.# free and clear of all liens, encumbrances and charges, other than those expressly auth- orized and validly existing under the provision of paragraph 9.# 9* ENCU°:1BRAN-CES AND ASSIGNMENTS. ; Exdept,with�t he prior written approval of the City., which approval shall not be unreasonably withheld, 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 mortgage,. pledge or otherwise encumber the leasehold estate, hereby created or the improvement to be erected hereunder, then no termination provided 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 mortgagee, pledgee 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 encumbrance -holder, if he fails.to designate such an. agent, Page Five Information to Bidders: 10,E 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 �Tithheld, nor shall any substantial change in the 1 terrain of the premises be made.without such approval, The lessee shall pay any and all taxes imposed.by the Federal Govern" ment, the State, or any political subdivision thereof, including personal property taxes on all improvements„ -The premises shall be used only and.'exclusively for proper and legitimate purpo'ses, The lessee will not use or suffer nor permit any person to use in any manner whatsoever the said premises or any improvement 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 qf.., the ordinances of the City of Pasco, or for any immoral or unlawful purpose whatever, 11,E INDFINITY AND INSURANCE4 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 contractors# The lessee shall maintain, or shallcause to be maintained, insurance in at least the following amounts: Public Liability for Bodily Injury $,50,000%100,000; Public Liability for Property Damage, $5,000; Automobile Public Liability for Bodily Injury, $50,000/$100,000; and Automobile Public Liability for.Property barrage, $5,000; for purposes ------F""df—providing protection against claims which may arise from activities Page Six Information to Bidders in connection with the construction, maintenance, or operation of the premises or any improvement thereon$ whether such activities be those of the less ee.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* Cartif icates 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, 1.) This lease or any renewal hereof may be terminated by the Lessor, for default aecorddng to lawn and for any of the following reasons,: (a) Default in making any pay meat.hereunder, including rent, 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 else - 'where in the lease; provided, however, that the lease shall snot 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 incolvency 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 assign- ment for the benefit of its creditors, (c) Abandonment of the premises by the Lessee, (d). Condemnation of the premises. 2.) In the event of termination by the City, for any of the reasons stated above: .(a)' The lessee will be permitted to sell or 6therwise dispose of the improvement, in place, for continued operation, within thirty (30.) days, or as this.time may be extendedby. 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 other wise dispose of the improvement under raragraph (a) immediately preceding, title to.the improvement shall vest in the City,, subject to the provisions of Paragraph 9 with- out any compensation therefor, and in such event the Lessee covenants to execute, acknowledge.and deliver any and all documents of title and to take all necessary steps to tran- sfer title to the City free and clear of all liens, encumb- rances and charges, other than those` expressly authorized -and validly existing under the provisions of Paragraph 9 hereof* 30 Upon termination, or expiration of.this Lease, or any.renewal hereofj, the -lessee shall, atthe request, of the City, surrender possession and vacate the premises., remove all its property therefrom, and deliver possession of the premises, to the City,, 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, using such force as may be necessary, without .being deemed guilty of trespass, eviction or forcible. entry or detainer and without relinquishing City's rights to payments or any other right given to City hereunder or by operation of laws 13* LIMITATION City isnot and never shall be liable to any creditor of Lessee, or to any claimant against the estate or property of Lessee, for any debt, loss, contract, or other obligation of Lessees Page Eight Information to Bidders r - 14«, REPAIR TO STREET: The City, or any of its agents, employees or contractors shall not be liable for any interruption of the Lessees business or interference therewith whitch 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 deliver.or cause to be delivered to Lessee a written or printed 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 purposed 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 event the notice or demand shall be deemed to have been served at the time the copy is so left or affixed. 116. 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 commencement of any suit, 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 fefault by the Lessee hereunder shall not constitute a waiver of any of the Ci 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 the time and -to the extent therein stated. It 30 The invalidity or unenforceability of any provision herein shall not affect or impair any other provision in this Lease, Page Nine Information to Bidders 17, FIRE OR OTHER CASUALTY. I.f the improvement be totally or partially damaged or destroyed by fire] acts of God, or other casualty, the Lessee shall rebuild, repair,, reinstall or rehabilitate the improvement at the Lessee's expense, 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 agre.ed upon by the parties. for the completion of construct- ion,, The Lessee shall keep insur6d during the term of the Lease any and all buildings. or improvements that may be built or placed upon the above- described property against fire or other casualty in a 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 assigndd to, and in case of loss be made payable to the City„ the same to be held by the City as additional security for the amount of rent and the rebuilding herein provided for. The City, in case the buildings or improvements shall at any time, or times, be destroyed by fire or other fasualty during said term, shall pay to the Lessee, upon proper architeotts Certificates, so much of said insurance money as may be received by reason of such lessor 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 said money remains in its possession. Any and all moneys which the said City shall receive by reason of any loss or destruction of the said buildings or improvements is hereby Constituted a trust fund, to be used for the rebuilding of the build- ings and improvements upon said premises as herein provided for, Page Ten Information to Bidders The City shall,not be responsible for the collection 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, procure and renew such insurance.and add the amount paid therefor to the imiQ stallment of runt neat thereafter falling due under this Lease, to- gether with interest thereon at the rate of b per annum,,' 18, RESERVED RIGHTS City reserves the right to -enter the presise-s or any part thereof at reasonable hours to make,.inspectionvP to exhibit the premises to prospective tenants, purchasers, or others, and to perform, consistent- ly with this Lease, any -act relating to the safety, -protection, pres-»- ervaton, sale or improvement of the premises or the improvements4 19,+ LITIGATION COSTS. Lessee shall pay upon demand all of City's costs, charges and expenses, including the fees of counsel, agents and others retained by City, incurred in enforcing Lessee.'s obligations hereunder, or incurred by City iii any litigation, negotiation or transact -ion in which' Lessee causes City, without City's fault, to become involved or concerned, 20, INTEGRATION. This Lease'contai.ns the entire und,eratanding between the -parties, and there are no understandings, representations, or warranties not set forth or :incorporated by reference herein,, Nn subsequent modifications of this lease shall be of .any force or effect unless in writing, signed by the party claimed bo be bound hereby, Page Eleven - Information to Bidders 21,E STREET AND SIDEWALK IMPROVEMENTS The lessee shall construct sidewalks and curbs on all: sides of the above-described property that may adjoin or abut a street, if and when requested by the City according to specifications set forth by. the ~City. 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 Ol ve Stree6 on which the lessee shall pay all'costs of any and all. street improvements, all of said improve-� meats to be made if and w --hen requested by the City* 3 8 PROPOSAL Proposal of NA 4F, . ADDRESS TO THE CITY'COUNCIL CITY OF PASCO CITY HALL PASCO, 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 Fusco; and that the' Proposal is. made without any connection or collusion with any person making ano"ther proposal. II... The Bidder in compliance with the Information to Bidders dated June 221 1955, and subject to' all the; terms andconditionsthereof, submits thi's Proposal to lease, from the City of Pasco th-e following described 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 (Tf 4W�4_�5EJ) of Section -thirty (310), Township nine 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 (SEJ) of said section thirty (30i Ex ept- 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 audiforls file No. 506.92 in Volume 42 of Deeds at page 586, records of Franklin County, Washington. .III. 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-$2,0.00.OQ to commence on. the date the lease is executed). V. The Bidden requests' .that- the tenure of the lease be for the following peripd`: years. We request an option or, options to renevr the lease as- follows.- VI. ollows:VI. Information on the improvement the. bidder proposes to construct at his own expense on the above-described property: A. Detailed explanation of all improvements with specifi- cations for all improvements of accepted standards of construction. (Attached hereto.) 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 of an -a-wand of a lease, the Bidder will - prepare and submit complete, detailed plans and specifi- cations within a maximum of calendar days following receipt of award; will construct the improve- ment within a maximum.of calendar days fol- lowing approval of plans and specifications; and will.be -ready for operation of all of the premises within a maximum of calendar days following completion of constructl,on. VII. Information to be furnished in the event the bidder proposes to construct improvements.on property adjoining the above-described property which may be utilized. in any way in connection with the above-described property: N l :. ` Page 3 of Proposal A.' Detailed explanation of all improvements, if'any are planned, with specifications for al L. improvements of ac- cepted standards of construction, B. Dimensions of improvement and Land area for improvements on ad'o4-nin ro art if any are plannedindicating total J planned square footage of all improvements. (attach perspec- tive pencil drawing indicating IayQ,4t 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 adjoining property, the following time schedule will be meta 1. Construction shall begin by - (Date), 2. Set forth date when, improvements will be completed and ready for operation,. (If certain percentages of the Improvements are to be completed -,and ready far operation on different dates, set .forth the specific percentages and the exact dates when said 'improvements wi-ll-'be com- pleted and ready for operation) 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 d1ty, including the nature and extent of the improve- ments which may be -contemplated on adjoining property which ;.m'ay be ut '1i,zed in. connection with the above-described pro- p 0r.ty zs' we1' a4s the nature and extent of the improvements '..^✓ ..tet .. �► Page 4- of Proposal contemplated on the above-described property. Therefore, in 'the event the bidder plans improvements on ad joining property, it is imperative that the bidder set forth in this `proposal the dates- on which construction will begin on improvements, or a certain percentage thereof, on ad- joining property, and the dates, on which the improvements., or a cerig-in percentage thereof,;• will be- completed and ready for -operation. VIII. The Bidder agrees that ,if this Proposal is accepted:,. he will, wi thin 30 days after no.tificati.on of` acceptance,- on '-into a lease wi. th- 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 0_500.00 } deposited herewith in the form of a certified check or cashierts 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 City of Pasco will sustain in case the ,Bidder shall fail or refuse to enter into the lease as speci-' fied 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 success- ful Bidder on completion of said construction.. X. In the event` the Bidder does not comply with the time schedule set forth in Section D. of Paragraph VII.of the Proposal, as above. set forth, the annual rental shall increase 2 1/2. tunes the amount bid for annual rental as set forth in Paragraph IV of this Proposal. It is understood that the City may extend the time for completion of improvements because of delays beyond the control of the lessee. It is understood that the aforesaid- time schedule and penalty pro- visions are. in addition to the bid security provisions set forth herein and that all of the foregoing will be. incorporated into the Lease as terms and Page of Proposal v conditi'o:ns thereof as will all other matters set forth in this Proposal.. It is understood' that th-e City and the Successful bidder will be bound' by. the terms of this Proposal, the Information to Bidders, the Adver- tisement for Bids and any lease which may be executed between the parties, only if -a title insurance company licensed to do business in. the State of " Washington, will issue a policy. insuring, that the lease will be legal, binding and fully, effective. XI. The Bidder attaches hereto and makes a .part hereof a -current financial statement of th.e above propas_ed, lessee, as of 19551 together, with.a statement. .of business background and. experience of. the proposed principals. The.B'idrder also attaches hereto and makes_a' part hereof a Complete outline of the financing he plants to obtain to construct the aforesaid improvements. XII: In the, event this proposal 4s accepted, the lessee will be: A. An 'individual enterprise - B. A partnership ( }. (If a partnership, show names and ad,dre.sses of proposed partners,) C. A corporation ( ). (If a corporation, show names and addresses of proposed officers.) Signature' of Proposed Lessee. Title. Ad.d r e s -s Phone ,hate y , CITY OF PASC.O: WASHINGTON ADVERTISEMENT FOR BIDS FOR LEASE OF CITY.PROPERTY., Sealed proposals frr the lease,<of. the «following described pro- perty owned by the City of Pasco., situated in Pasco, Franklin County, Washington: Those portions of the .we-st half of the west half of the southwest quarter of the .southeIast quarter (WzWZSWjSE1) of Section Thirty (30), Township nine (9) North, Range Thirty (30 East, W.M., lying north of a li•ne'drawn parallel with.and distant 70.0,feet northerly from the south line of the south- east quarter (SET) of said section thirty (30) , EXCEPT those portions thereof of Lucas Street, Hopkins Street, Olive .Street, Mound Street and Grace Street, which were dedicated tol the pub- lic by Order of the Board of County Commissioners of Franklin County, Washington,.of July 3, 1922,'and which order was re- corded July 5, 1922 as auditor's file No. 50692 in Volume 42 of Deeds at page 58,6;. records. of Franklin County, 'Was.hington. will be received at the office of the City Clerk, City Hall, Pasco, Washington, until 12:01 P.M., Pacific Standard Time,.on the 27th 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, Pasco, .Washington. Each pro- posal must be submitted on the prescribed proposal forms? nd be accom- panied by a certified check or a cashier's check in the amount of not less than $500.00 as bid security which shall be forfeited as liquidated damages by the. successful Bidder accord ing to . the terms a,nd provisions of the Proposal. The right is reserved to reject any and all Proposals, or to accept that Proposal which -is to bhe best interests of the City of Pasco. DATED this 22nd day of June, 1955.. CITY OF PASCO, WASHINGTON