Lease Brown's Park�F k
LEASE
THIS LEASE, made and entered into this / day
of 1978, by and between Spokane County,
a political subdivision of the State of Washington, having
offices for the transaction of business at West 1116 Broad-
way Avenue, Spokane, Washington 99201, hereinafter referred
to as the "Lessor," and The Ilashington !Dater Power Company
having offices for the transaction of business at
East 1411 Mission, S ookane, VIA 99202 hereinafter referred to
as the "Lessee," jointly, hereinafter referred to along with
the County as the "Parties."
W I T 14 E S S E T H
WHEREAS, the Board of County Commissioners,of
Spokane County pursuant to the provisions of the Revised
Code of Washington Section 36.32.120(6) has the care of
County property and the management of County funds and
business; and
WHEREAS, Spokane County, pursuant to the above
cited statutory sections, is the owner of that parcel of
property located at 32nd Avenue and Pines within Spokane
County, Washington; and
WHEREAS, pursuant to Chapter 36.34 RCW, Spokane
County may lease certain County properties; and
WHEREAS, pursuant to the above cited statutory
sections, the Board of County Commissioners of Spokane
County is desirous of entering into a lease of those pre-
mises hereinafter described consisting of an existing but
non- producing well and well site;
NOW, THEREFORE, for and in consideration of the
mutual promises set forth hereinafter, the parties hereto
do mutually agree as follows:
SECTION 1 - DESCRIPTION AND USE OF PREMISES
The Lessor leases to the Lessee for the purpose
of maintaining, operating, and installing a well and for no
other purpose, those certain premises situated in the
County of Spokane, State of Washington, and more particularly
described in Exhibit "A ", attached hereto and made a part
hereof. As used herein, the term "Premises" refers to the
real property above described and to any structures located
thereon from to time during the term hereof.
SECTION 2 - TERM
The term of this lease shall be for 35 years
commencing on the day of 1978,
and terminating on the day of , 20
SECTION 3 - RENT
It is contemplated by the parties hereto, that the
Lessee will expend substantial funds to complete, operate
and maintain a well on the above described premises. As
rental for this lease, the Lessee shall furnish to the
Lessor all water for the Lessor's use on that property more
particularly described in Exhibit "B ", attached hereto
and incorporated herein by reference. It is agreed by the
parties hereto, that that property as set forth in Exhibit "B"
will be used as a public park; and accordingly, all volumes
of water necessary for lawn sprinkling and domestic use
on the park will be furnished at no expense whatsoever
to the Lessor. For the purpose of furnishing said water
to the Lessor under the terms of this agreement the Lessee
shall make available a 3" water connection at the pump
location.
SECTION 4 - WARRANTIES OF TITLE AND QUIET POSSESSION
The Lessor covenants that the Lessor has fee title
to the leased premises and has full right to make this
lease.
SECTIONS - USES PROHIBITED
The Lessee shall not use, or permit the leased
premises, or any part thereof, to be used for any purpose
or purposes other than a purpose or purposes set forth in
Section 1 hereinabove.
SECTION 6 - WASTE AND NUISANCE PROHIBITED
During the term of this lease, the Lessee shall
comply with all applicable laws effecting the leased premises.
The Lessee shall not permit or suffer to be committed, any
waste on the leased premises or y nuisance.
SECTION 7 - SUBLETTI' AND ASSIGN14ENT
The Lessee may not .iblet nor assign nor transfer
this lease, or any interest herein without the prior written
consent of the Lessor, and a consent to either assign or
sublet shall not be deemed to be a consent to any subse-
quent assignment or subletting. Any such assignment or sub-
letting without such consent shall be void and shall, at
the option of the Lessor, automatically terminate this
lease.
SECTION 8 — NOTICES
All notices, demands or other writings in.the lease
provided to be given or made or sent, or which may be given
or made or sent, by either party hereto to ier, shall
be deemed to have been made or sent when a writing and
deposited in the United States mail, rep ,:ed and postage
prepaid to the addresses set forth hr Above.
Any address to which any - demand or other
writing may be given or made or sE a any party as above
provided may be changed by writt( tice given to such
party as above provided.
SECTION 9 - TAXES
The Lessee as an ar A onal rental hereunder, agrees
to pay the leasehold excise x payable on all properties
leased by governmental ent -es to non - governmental entities
as called for within the I )visions of Chapter 82.29A RCW.
Said tax shall be paid by he Lessee to the Lessor at such
times as the taxes are owing and due as called for by the
Washington State Department of Revenue.
SECTION 10 - CONSTRUCTION OF BUILDING
The Lessee shall have the right to make such altera-
tions, improvements and changes to the leased premises which
may be necessary from time to time to carry out those purposes
as set forth in Section 1 hereinabove. In the event the Lessee
desires to construct a building on the leased premises, the
Lessee shall submit to the Lessor such plans and specifications
and receive prior or written approval of the same prior to
any construction on the leased premises. The Lessor shall
not unreasonably withhold approval of the proposed facility,
and in the event of disapproval, the Lessor shall give to the
Lessee an itemized statement of the reasons therefor within
five days after the same are submitted to the Lessor.
Any new buildings constructed by the Lessee on the
leased premises, and any alterations, improvements, changes
or additions made thereto shall become the property of. the
Lessor on the termination or expiration of this lease. The
Lessee retains the right to remove any and all pumps or por-
table equipment or trade fixtures used by the Lessee in con-
junction with the operation of the well on the leased
premises upon expiration or termination of this lease. All
such equipment must be removed from the leased premises
within 90 calendar days after the termination or expiration
of this lease for any reason whatsoever.
SECTION 11 - REPAIR
The Lessee shall, throughout the term of this lease,
at.its own cost and without any expense to the Lessor, have
full right and power to install, operate, repair and maintain
all pipes and equipment required by the Lessee for use on the
leased premises as a water source for Lessee's water facili-
ties. The Lessee shall keep and maintain the leased premises,
including all buildings and improvements of every kind which
may be a part thereof, and all appurtenances thereto, in
good, sanitary and neat order, condition and repair, and
except as specifically provided for herein, restore and
rehabilitate any improvements of any kind which may be
destroyed or damaged by fire, casualty or any other cause
whatsoever. The Lessor shall not be obligated to make any
repairs, replacements, or renewals of any kind, nature or
description whatsoever to the leased premises or any
buildings or improvements thereon. Lessee shall also comply
with and abide by all federal, state, county,.municipal
and other governmental statutes, ordinances, laws, and
regulations affecting the leased premises, the improvements
thereon or any activity or condition on such premises.
SECTION 12 - UTILITIES
• Lessee shall fully and promptly pay for all power,
telephone service and other public utilities of every kind
furnished to the leased premises identified in Exhibit "A"
throughout the term hereof, and all other costs and expenses
of every kind whatsoever of or in connection with the use,
operation, and maintenance of the premises and all activities
conducted thereon, and the Lessor shall have no responsibility
of every kind for any thereof.
SECTION 13 - INDEMNIFICATION
The Lessee shall indemnify and hold harmless the
Lessor against all claims arising from the conduct or manage-
ment of or from any work or thing whatsoever done in or about
the leased premises or any building or structure thereon or
the equipment thereof during the term of this lease arising
from any act or negligence of the Lessee or any of his agents,
contractors, or employers, or arising from any incident,
injury or damage whatsoever, however caused to any person or
persons or to the property of any person, persons, corpora-
tion, or corporations occurring during the term of, in or
about the leased premises.
The Lessee shall also indemnify the Lessor against
all reasonable costs, counsel fees, and liabilities incurred
in or about any such claim or in and about any action or
proceeding brought thereof, and in case any action or proceeding
be brought against Lessor, by reason of any such.claim,
Lessee shall, on notice from the Lessor, resist or defend
1
such action or proceeding by entering a Notice of Personal
Appearance and employing counsel satisfactory to the Lessor
at its own expense.
The Lessor shall indemnify and hold harmless the
i
E Lessee against•all claims arising from the conduct or
3
management of or from any work or thing whatsoever done in
or about those premises described in Attachment "B ", excluding
the leased portions thereof under the terms of this agreement,
or any buildings or structures thereon during the term of
this lease arising from any act or negligence of the Lessor
or an of his agents, contractors, or employers.
Y g . Y
SECTION 14 - ADVERTISING
No sign, notice or other advertisement shall be.,
inscribed, painted, affixed or displayed on any windows or
doors of any part of the leased premises except as may be
required by law without prior written consent of the Lessor.
Provided, however, Lessee may erector display in a lawful
manner signs concerning its business on the exterior walls
of the demised building and /or fences on the premises.
SECTION 15 - INSURANCE
The Lessee, during the term of this agreement,
shall satisfy the Lessor that it maintains adequate public
liability and property damage insurance.
SECTION 16 - LESSOR'S CONSTRUCTION
The Lessor will not install any equipment or
structure nor use any fertilizers in that area formed
by a radius of 150 feet from the well site within the
i
leased premises as described in Exhibit "A" which will
i in any way or manner contaminate the ground water from said
well site. The Lessor will notify the Lessee of their
intent to install any equipment or structures or use any
fertilizers in said area. This restriction is solely for
the ur ose of protecting the well from
p p p g possible sources �.
of.contamination.
SECTION 17 - EASEMENT OF INGRESS /EGRESS /REPAIR
The Lessor hereby.grants in conjunction with the
terms of this lease only to the Lessee the right to cross
over or under any of the Lessor's properties adjoining
the premises herein, as more particularly outlined in
Exhibit "B ", for ingress and egress and installing, con-
structing, repairing, replacing, removing, operating and
maintaining the leased well site and related pipes, equipment
and facilities.
It is understood by the parties hereto that prior
to doing any excavation work on the pi perty as described in
Exhibit "A ", the Lessee shall first :ontact the Spokane
County Park & Recreation Director Additionally, the
Lessee shall be responsible for • all ground cover
to include shrubs, and lawn at buildings or appurtenances
thereto, including sprinkling systems in the same condition
as they existed prior to removing the same for the purpose
of installing, constructing, repairing, replacing, operating
or maintaining the premises and related pipes.
IN WITNESS WHEREOF the parties hereto have caused
this agreement to be executed on the day and year set forth
hereinabove. BOARD OF COUNTY COtLMISSIONERS
OF SPOJWNE COUNTYp WAqIJANGTON
ATTEST: -
VERNON "GJ�'
C er
of the Boar
Deputy Clerk / WASHINGTON WATER POWER COMPANY
By
Its
-F3- '
I r
STATE OF WASHINGTON )
ss
COUNTY OF SPOKANE )
On the day of /, � , e 1978, before
me personally appeared HARRY M. LAjZNED, JERRY C. KOPET,.and
RAY W. CHRISTENSEN, the commissioners of Spokane County, a
political subdivision of the State of Washington who executed
the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said
political subdivision for the uses and purposes therein
mentioned, and on oath stated that they were authorized to
execute said instrument and that the seal affixed is the
seal of said subdivision.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year first above
written.
ilotary Public i1i aad for the State
of Washington, re Biding at Spokane
Exhibit "A"
The North 30 feet of the South 407.0 feet of the West 198.0 feet of the
Southwest Quarter (SW'I&) of Section Twenty -Seven (27), Township Twenty -Five
(25) North, Range Forty -Four (44) EWM, Spokane County, Washington; Except
the West 30 feet thereof.
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The South 660 feet of the West 599 feet of the
South half of the Southwest quarter of Section 27,.
Township 25 North, fiance c? East, W.M. , in
Spokane County, Washington.
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