HomeMy WebLinkAboutDept. of Natural Resources• HILARY 5. FRANZ
COMMISSIONER OF PUBLIC LANDS
SPECIAL USE LEASE
AGREEMENT NO. 60-A72406
THIS LEASE (hereinafter Lease) is between the STATE OF WASHINGTON, acting by and
through the Department of Natural Resources (hereinafter State), and MASON COUNTY,
through the Department of Utilities and Waster Management, a government agency ("Lessee")
the premises in Mason County, Washington agency (hereinafter Lessee). In consideration of this
Lease, State and Lessee agree as follows:
SECTION 1 - DEFINITIONS
For the purpose of this Lease, the following definitions shall apply:
1.01 "Agreement Number." State's unique identification number assigned to this
Lease.
1.02 "Assessment." All assessments for public improvements or benefits imposed,
levied, or assessed on the Lease Area.
1.03 "Assign" or "Assignment." To hypothecate, mortgage, assign, transfer, or
otherwise alienate this Lease, as more fully defined in Section 10.02 below.
1.04 "Authorized Assignee." Any person or entity approved by the State to take
assignment of this Lease.
1.05 "CAR Survey." A Cultural and Archaeological Resources Inventory Survey.
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1.06 "Cessation of Operations." The date upon which Lessee ceases utilization of the
Lease Area prior to Decommissioning and Reclamation.
1.07 "Commencement Date." The date that this Lease shall commence, as set forth in
Section 3.01.
1.08 "Cultural and Archaeological Resources." Cultural and Archaeological
Resources are the landscape features, places, or objects that are important to,
representative of, or contain information about a given culture. Cultural resources
can be subdivided into traditional places, traditional materials, historic sites, and
archaeological sites and resources. Cultural and archaeological sites and resources
are further defined in Chapter 27.53 RCW.
1.09 "Cultural Resources Monitoring Plan." A written plan detailing the actions to be
taken by Lessee to monitor Cultural and Archaeological Resources, and as required
for building permits, development, or operation.
1.10 "Decommissioning and Reclamation." Activities required to remove Lessee -
Owned Improvements and the restoration of Lease Area in accordance with
Section 7.
1.11 "Decommissioning and Reclamation Plan." Identifies how the site will be
Decommissioned and Reclaimed after Cessation of Operations. Decommissioning
and Reclamation Plans address the removal or retention of Lessee -Owned
Improvements, include estimates of Decommissioning and Reclamation costs and
funding, identify the type and schedule of Decommissioning and Reclamation,
include a soil erosion plan for all disturbed areas, address potential wind and water
erosion concerns, and identify erosion control features (culverts, sealants, catch
basins).
1.12 "Emergency." An event posing an imminent threat of bodily injury, property
damage, or critical equipment failure.
1.13 "Ground -Disturbing Activities." Ground -Disturbing Activities are defined as any
activity that compacts or disturbs the ground within the Lease Area. Ground —
Disturbing Activities can be caused by the use of hand tools (shovels, pick axe,
posthole digger, etc.), heavy equipment (excavators, backhoes, bulldozers, boring,
trenching and earthmoving equipment, etc.), and heavy trucks (large four wheel
drive trucks, dump trucks and tractor trailers, etc.). Road improvement, bulldozing,
excavating, scraping, trenching and plowing are typical examples of Ground -
Disturbing Activities.
1.14 "Hazardous Substance(s)." Any substance subject to regulation under the
Washington Hazardous Waste Management Act (Chapter 70.105 RCW) and
implementing regulations; and any hazardous substance under the Washington
Model Toxics Control Act (Chapter 70.105D RCW) and implementing regulations;
Special Use Lease 60-A72406 Page 2 of 31
and any hazardous substance or hazardous waste as defined by the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
§§ 9602 et seq.) and implementing regulations, as these laws are amended from
time to time; underground storage tanks, whether empty, filled, or partially filled
with any substance; asbestos; urea formaldehyde foam insulation; PCBs; and any
other substance, waste, material, or chemical deemed or defined as hazardous,
toxic, a pollutant, contaminant, dangerous or potentially dangerous, noxious,
flammable, explosive, or radioactive, the removal of which is required or the
manufacture, preparation, production, generation, use, maintenance, treatment,
storage, transfer, handling, or shipment of which is restricted, prohibited, regulated,
or penalized by any federal, state, county, municipal or other local governmental
statute, regulation, ordinance, or resolution as these laws are amended from time to
time.
1.15 "Improvements." Consistent with RCW 79.02.010(9), Improvements means
anything considered a fixture in law placed upon or attached to the Leased Area that
has changed the value of the Leased Area or any changes in the previous condition
of the fixtures that changes the value of the Leased Area. This includes, but is not
limited to, buildings, access controls (gates, cattle guards, and fences), signage,
erosion and file control features, water lines, utility lines, and roads located on the
Lease Area.
1.16 "Law" or "Laws." All federal, state, county and local governmental and municipal
laws, statutes, ordinances, rules, regulations, codes, decrees, orders, and other such
requirements, applicable equitable remedies and decisions by courts in cases where
such decisions are considered binding precedents in the State of Washington, and
decisions of federal courts applying the Laws of such State, at the time in question.
1.17 "Lease Area." The land defined in Section 2.01 and further depicted on Exhibit A.
1.18 "Lessee -Owned Improvements." Improvements authorized by State, located
within the Lease Area, and (1) made or owned by Lessee or a Permittee, or (2)
acquired by Lessee from State, a prior tenant, or a Permittee Lessee -Owned
Improvements are depicted on Exhibit B, attached hereto and incorporated herein.
1.19 "Permitted Use." The purposes for which Lessee may use the Lease Area, as
identified in Section 4.01(1).
1.20 "Permittees." Lessee's employees, agents, contractors, sublessees, subcontractors,
licensees, invitees, successors and assigns.
1.21 "Personal Property." Lessee's items that can be removed from the Lease Area and
Improvements without (1) injury to the Lease Area or Improvements, or
(2) diminishing the value or utility of the Lease Area or Improvements.
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1.22 "State -Owned Improvements." Improvements owned by State, as identified on
Exhibit C.
1.23 "Termination Date." The date this Lease expires, as set forth in Section 3.01,
unless sooner cancelled or terminated as provided herein.
1.24 "Third Party Owned Improvements." Improvements partially or wholly owned
by third parties on the Lease Area including, but not limited to partial interests in
boundary fences, buildings and utility lines. Improvements partially or wholly
owned by Permittees are not Thii d Party Owned Improvements.
1.25 "Unauthorized Improvements." Improvements made on the Lease Area without
State's prior consent or Improvements made by Lessee that do not conform to the
Permitted Use.
1.26 "Weed Management Plan." A written document addressing weed control of
noxious weeds including methods of weed control, timing, and notification
procedures.
1.27 "Work." Construction, reconstruction, alteration, replacement, major repair,
modification, demolition, and deconstruction of Improvements or roads. Work does
not include routine maintenance activities.
SECTION 2 — CONVEYANCES
2.01 Conveyances. State hereby leases to Lessee and Lessee hereby leases from State a
leasehold interest in:
Beginning at the northeast corner of Section 25, Township 22 North, Range 2 West, Willamette
Meridian, Mason County, Washington:
Thence North 87° 45' 01" West along the North line of said Section 395.52 feet, to the TRUE
POINT OF BEGINNING;
Thence South 38° 29' 20" West 3479.77 feet;
Thence North 84° 40' 35" West 18.76 feet;
Thence North 16° 41' 58" West 654.57 feet;
Thence North 38° 59' 10" East 1021.31 feet;
Thence North 44° 42' 00" West 147.82 feet;
Thence North 22° 35' 07" East 772.00 feet,
Thence North 33° 57' 42" East 638.61 feet, to the North line of said Section 25;
Thence South 87° 45' 01" East 1185.55 feet, along said North line to the TRUE POINT OF
BEGINNING.
Containing 50.33 acres, more or less.
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2.02 Reservations by State.
(1) State reserves for itself, its successors, and assigns, the right at all times for any
purpose to cross and ie-cross the Lease Aiea at any place of grade, to grant non-
exclusive easements and licenses over the Lease Area, and to sell, lease, or
otherwise dispose of minerals, coal, oil, timber, gas, or other valuable materials
fiom the Lease Area, so long as such uses do not unreasonably interfere with the
Permitted Use. State agrees to obtain Lessee's written consent, which shall not be
unreasonably withheld, to granting rights or permissions to third parties within the
Lease Area. This does not include undeveloped areas or fences unrelated to the
protection of the Improvements.
(2) State and persons authorized by State may enter the Lease Area and any
Improvements thereon, subject to Lessee's reasonable safety procedures at all
reasonable times for the purpose of inspecting the installations or equipment,
provided that, except in case of an Emergency, State shall provide Lessee with ten
(I 0) business days' prior written notice before inspecting the Lease Area to enable
Lessee to arrange to accompany State. In the event of Emergency, State and
persons authorized by the State may enter the Lease Area and any Improvements
at any time without notice. This clause shall not be construed to impose a duty on
State to inspect.
(3) State reserves ownership of any Lessee -constructed roads located on the Lease
Area and their associated structures.
2.03 Permittees. Conduct of Permittees will be deemed the conduct of Lessee.
2.04 Third -Party Interests. This Lease is subject to all valid interests of third parties noted in
the records of Mason County and on file with the Department of Natural Resources in
Olympia, Washington, as of the signature date of Lessee on this Lease.
2.05 Lessee's Inspection. State makes no representation regarding the condition of the Lease
Area, improvements located on the Lease Area, the suitability of the Lease Area for
Lessee's intended use, compliance with all Laws, availability of utility rights, or access to
the Lease Area. Except as otherwise expressly provided in this Lease, Lessee accepts
Lease Area "AS IS."
2.06 Due Diligence. At Lessee's sole expense, Lessee may obtain a title report or commitment
for a leasehold title policy from a title insurance company of its choice and have the
Lease Area surveyed by a surveyor of its choice Lessee may also perform and obtain, at
Lessee's sole cost and expense, soil borings; percolation tests; engineering procedures;
environmental investigation or other tests or reports on, over, and under Lease Area,
necessary to determine if Lessee's use of Lease Area will be compatible with Lessee's
engineering specifications, system, design, operation, or any necessai y federal, state, and
local licenses, permits, and approvals for Lessee's intended use.
Special Use Lease 60-A72406 Page 5 of 31
2.07 State Warranties. State makes no warranty of quiet enjoyment of Lease Area.
SECTION 3 - OCCUPANCY
3.01 Lease Term. This Lease shall commence on April 1, 2022 ("Commencement Date") and
end on March 31, 2042, unless sooner canceled or terminated as provided herein ("Termination
Date").
SECTION 4 - USE OF LEASE AREA
4.01 Permitted Use. For this Lease, the following uses and no other uses are permitted:
(1)
Operation of an irrigation system applying approximately 300,000 gallons of
Class A reclaimed water per day on 50.33 acres of forested land of the Lease
Area (the "Permitted Use") .
(2) In the event Lessee desires a change in acreage, use, or additional
Improvements, authorization must be obtained in advance and in writing from
the State in compliance with Section 11.
4.02 Permits and Conformance with Applicable Laws.
(1) Lessee shall obtain all building permits and other required permits, licenses,
permissions, consents, and approvals from governmental agencies or third parties
in connection with this Lease, and Lessee's Permitted Use including construction
of, changes, alterations, additions, repairs, maintenance to, or replacement of any
Lessee -Owned Improvements in the Lease Area, or for the conduct of any
business upon the Lease Area. All costs and expenses for said permits are
Lessee's alone.
(2) Lessee shall comply with all applicable Laws, regulations, permits, orders, or
requirements of any public authority affecting the Lease Area and the use thereof.
Lessee shall correct, at Lessee's own cost and expense, any failure of compliance
created through Lessee's fault or by reason of Lessee's use Lessee shall not
undertake or suffer any activity to be conducted upon the Lease Area which
constitutes a nuisance or which is a threat to the health or welfare of the general
public.
(3)
Lessee shall perform all Work and conduct all business on the Lease Area in
accordance with all applicable Laws.
(4) Lessee shall obtain State's written approval prior to performing any Work on the
Lease Area Lessee and State shall amend this Lease to include any approved
mitigation requirements.
4.03 Other Restrictions on Use.
Special Use Lease 60-A72406 Page 6 of 31
(1)
Fire Emergencies. Lessee shall take all reasonable precautions to protect the
Lease Area and Lessee -Owned Improvements from fire, make every reasonable
effort to report and suppress any fires that may affect the Lease Area, and shall be
subject to applicable fire laws affecting the Lease Area.
(2) Non -Fire Emergencies. In the event of an Emergency (other than fire or a
residential incident) requiring immediate action to protect person or property,
Lessee may take reasonable corrective action without prior notice to State. Lessee
• shall notify State the same business day for non -fire emergencies occurring on a
business day and the next available business day for non -fire emergencies
occurring after hours, weekends, and holidays. Lessee shall notify the Westside
Operations Manager by telephone at (360) 902-1600, and in writing, within five
(5) business days after the Emergency occurs, to the address indicated in this
Lease, of any corrective action taken.
(3)
Debris Accumulation. Lessee shall prevent accumulation of debris or refuse on
Lease Area. Lessee shall prevent accumulation of equipment parts or "bone
yards" on Lease Area.
(4) Timber and Valuable Material Removal. Lessee shall not cut any State timber or
remove any State-owned valuable material, without prior written consent by the
State and shall be subject to all applicable local land use regulations affecting
timber removal in the Lease Area. Prior to cutting any timber or removal of
valuable material Lessee shall pay to the State the fair market value as determined
by the State.
4.04 Lessee Liens. Lessee shall not permit any lien to be filed against State's interest in the
Lease Area or Improvements, except as provided in Section 10. If any such lien is filed, Lessee
shall cause the same to be discharged of record or bonded over within thirty (30) days after the
date of filing or creation of such lien. Lessee shall immediately notify State of any such lien and
indemnify and defend State for any costs, damages, or expenses (including attorneys' fees and
court costs) incurred as a result of such liens or in obtaining their discharge whether such costs,
damages, or expenses were incurred prior or subsequent to termination or cancellation of this
Lease.
Special Use Lease 60-A72406 Page 7 of 31
SECTION 5 - PAYMENT
5.01 Rent. Payments made hereunder will be applied first to interest, then to outstanding or
delinquent rent, leasehold tax and other charges owed, then to current rent, leasehold tax, and
charges. The Lessee shall pay to the State, at Olympia, Washington, in advance, the required rent
of NINE THOUSAND TWO HUNDRED SIXTY-SEVEN AND 27/100 DOLLARS ($9,267.27)
for the period of April 1, 2022 to March 31, 2023, and annually thereafter subject to adjustment
under Subsection 5.06.
5.02 Non -Rent Payments.
(1)
Taxes Lessee shall pay to State, the leasehold tax as set forth in RCW Chapter
82.29A - Leasehold Excise Tax as may be amended. The tax shall be due and
payable at the same time the rental charged herein is due and payable Lessee
may be assessed leasehold tax directly from the Washington State Department of
Revenue. In this instance, Lessee must submit to State a written request, with
supporting documentation from the Washington State Department of Revenue, to
end leasehold tax billing.
(2) Assessments Lessee shall not cause or suffer the imposition of any Assessment
upon the Lease Area, without prior written consent from Lessor. In the event any
Assessment is proposed which affects the Leased Area, Lessee shall promptly
notify State of such proposal. Any Assessment shall be made in compliance with
all applicable statutes, including but not limited to, RCW 79.44. Lessee shall pay
the full amount of any assessments charged against Lease Area within sixty (60)
days of invoice from State.
(3)
Electrical Power and Other Utilities Lessee shall provide for the provision of all
electrical power, telephone, or any other necessary utilities to, at, and for Lease
Area. Lessee shall pay for all electric power and other utility charges or expenses
incurred arising from Lessee's use of Lease Area.
5.03 No Counterclaim, Setoff, or Abatement of Rent. Rent and all other sums payable by
Lessee hereunder shall be paid without the requirement of prior notice or demand by State, and
shall not be subject to any counterclaim, setoff, deduction or defense and without abatement.
The obligations and liabilities of Lessee shall in no way be released, discharged or otherwise
affected, except as expressly provided in Subsection 14.06 (Condemnation).
5.04 Interest Charged for Past -Due Rent and Other Sums Owed. Lessee shall pay interest
at the rate of one percent (1 %) per month (or at such higher rate as may be authorized by statute
after the Commencement Date), until paid, on rent or other sums owing under the terms of this
Agreement commencing the date such rent or other sum is due and payable. In the event State
pays any sum or incurs any expense which Lessee is obligated to satisfy or pay under this
Agreement, or which is made on behalf of Lessee, State shall be entitled to receive
reimbursement thereof from Lessee upon demand, together with interest thereon from the date of
expenditure at the rate stated above.
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5.05 Late Charge for Failure to Pay. In the event the Lessee fails to make any payment of
rent due upon the date due, the State shall be entitled to collect from the Lessee a late charge
equal to six percent (6%) of the amount of the delinquent payment. Any failure to pay rent or
any amount specified in this Section 3, or any other amount to be paid by the Lessee under terms
of this Agreement within thirty (30) days of the date due, shall be a material default by the
Lessee and such default shall entitle the State to pursue all remedies specified in this Agreement,
including the right to terminate this Agreement, though failure to exercise such right shall not be
consti ued as a waiver of the right and thereafter pursue any remedies available at law or equity,
including those contained in Chapter 59.12 RCW.
5.06 Adjustment of Rent. On the first year anniversary of the Commencement Date and on
each annual anniversary of the Commencement Date thereafter (each an "Anniversary Date"),
the Rent will increase by three percent (3%).
5.07 Failure to Adjust Not Waive!. Failure of State to adjust rent pursuant to Subsection
5.06 shall not be a waiver by State of the right to adjust rent. State shall retain the right, for so
long as this Agreement remains in effect, to adjust rent as though all prior adjustments had been
made in accordance with the above provisions.
6.01 Work.
(1)
SECTION 6 - SPECIAL RESTRICTONS
All Work must comply with all applicable Laws, regulations, permits, orders, or
requirements of any public authority. Lessee shall not execute any petition,
application, permit, plate or other document on behalf of Lessor.
(2) Lessee shall submit to State a written plan for any and all proposed Work and
obtain State's written approval before undertaking any Work in the Lease Area.
(3)
Lessee shall not represent to any person, governmental body or entity that Lessee
is the fee owner of the Lease Area.
(4) At the end of the term of this Lease, State may waive removal of some or all
Lessee -Owned Improvements in accordance with Section 7.04, Disposition of
Lessee -Owned Improvements Lessee shall have no further liability for the
Lessee -Owned Improvements for which State has waived removal.
(5)
Prior to commencing any Work, Lessee shall employ a utility locator service, at
no cost to State, to check the Lease Area foi buried utilities.
(6) All of Lessee's Work necessitated by an Emergency shall be governed by the
terms of this Lease; provided Lessee need not obtain State s consent prior to
commencing such necessary Work, but shall give State notice thereof as soon as
is reasonably possible thereafter.
Special Use Lease 60-A72406 Page 9 of 31
(7) Lessee shall ensure that all buried utility lines are at such depth as to not interfere
with the normal and usual use of the land. Lines shall be butied at a minimum
depth of forty-eight (48) inches below the surface of the ground. For installation
within a roadway, lines shall be buried at a minimum depth of forty-eight (48)
inches below the road surface or forty-eight (48) inches below the bottom of any
ditch, if applicable, unless a different depth is approved. State reserves the right to
inspect the open trench during construction to ensure compliance with these
installation specifications and any specifications provided Lessee shall mark the
location of the buried lines with painted metal posts and signs placed at the
appioximate beginning and termination points of the lines. Said signs shall
identify the installation as a buried power line and shall designate ownership of
the installation.
(8) State may impose additional conditions reasonably designed to protect and
preserve the Lease Area if Work is for removal of Lessee -Owned Improvements
in preparation for the Termination Date.
6.02 Habitat Conservation Plan. The Premises are located within an area that is subject to
State's Habitat Conservation Plan adopted in connection with Incidental Take Permit No.
TE812521-1 (ITP) as supplemented by Permit No. 1168 (Collectively "ITP"). As long as
the Habitat Consei vation Plan remains in effect, Lessee and all persons acting under Lessee
shall comply with the terms and conditions set forth in Exhibit E while operating on the
Premises. DNR shall have the right to modify these terms and conditions from time to time
to comply with the Habitat Conservation Plan, the ITP, the Endangered Species Act, the
implementing regulations, and amendments thereto, or the requirements of the federal
agencies administering these laws.
6.03 Cultural and Archaeological Resources Inventory Survey. State may require that
Lessee retain a qualified professional to perform cultural resources surveys for the Lease
area (CAR Survey) prior to construction activities. State may require the CAR Survey to
address archaeological, built environment, and traditional cultural places. The qualified
professional shall meet the United States Secretary of the Interior's Professional
Qualification Standards (36 CFR Part 61) for Archeology and Historic Preservation,
found at https://www.nps.gov/history/local-law/arch_stnds_9.htm, or as otherwise
required by DAHP. All cultural resource work must comply with RCW 27.53 and RCW
27.44. State's approval is required before Lessee finalizes or submits the professional
repot ts, archaeological site forms, and other cultural resource documents to regulatory
agencies.
6.04 Cultural and Archaeological Resources Monitoring. When Cultural and Archaeological
Resources monitoring is required by any State or regulatory agency, Lessee shall submit
for State's approval a Cultural Resources Monitoring Plan (Monitoring Plan). If Lessee
encounters cultural features, artifact concentrations, bone, or intact archaeological during
monitoring, Lessee shall halt work in the immediate vicinity and take the appropriate steps
as outlined in the Monitoring Plan.
Special Use Lease 60-A72406 Page 10 of 31
6.05 Inadvertent Discovery of Cultural and Archaeological Resources. Knowingly
disturbing Cultural and Archaeological Resources is punishable by criminal prosecution
and fines under state Law (Chapter 27.53 RCW). If, during the course of any activities on
the Lease Area, Lessee encounters Cultural and Archaeological Resources, activities that
could impact found Cultural and Archaeological Resources must be suspended within a
33-foot buffet of the locations of such Cultural and Archaeological Resources. Lessee
shall immediately notify State and not resume work in the vicinity until State has
completed an evaluation, and completed any required consultation with the Department
of Archaeology and Historic Preservation and tribes.
6.06 Inadvertent Discovery of Human Skeletal Remains (RCWs 68.50.645, 27.44.055, and
68.60.055). Disturbance of human slceletal remains is subject to felony criminal
prosecution and fines under state law. If Lessee's ground disturbing activities encounter
human skeletal remains, then Lessee shall cease all activity that may cause further
disturbance to those remains. Lessee shall secure and protect the area of the find from
further disturbance and report the presence and location of the remains to the medical
examiner/coroner and local law enforcement in the most expeditious manner possible as
required by law. Lessee shall further notify the State of the presence and location of such
remains and confirm notification to the coroner/medical examiner and local law
enforcement Lessee shall not touch, move or further disturb the remains and shall
cooperate with state and local authorities. The county medical examiner/coroner will
assume jurisdiction over the human skeletal remains and make a determination of whether
those remains are forensic or non -forensic. If the county medical examiner/coroner
determines the remains are non -forensic, then they will report that finding to the State and
the Depaitment of Archaeology and Historic Preservation (DAHP), which will then take
jurisdiction over the remains. DAHP will notify any appropriate cemeteries and all
affected tribes of the find. The State Physical Anthropologist will make a determination of
whether the remains are Indian or Non -Indian and repott that finding to any appropriate
cemeteries and the affected tribes. DAHP and the State will consult with the affected
parties as to the future preservation, excavation, and disposition of the remains.
SECTION 7 -DECOMMISSIONING; END OF TERM
7.01 Condition at End of Term. Lessee shall surrender the Lease Area to State in the same or
better condition as existed on the Commencement Date, reasonable wear and damage
from casualty or natural disaster excepted and otherwise subject to the requirements of
Sections 7.02 through 7.04.
7.02 Disposition of Lessee -Owned Improvements. Disposition of Lessee -Owned
Improvements shall be in accordance with the following terms and conditions, subject to
sufficient funding, and as provided in RCW 79.13.050.
Special Use Lease 60-A72406 Page 1 I of 31
(1)
B y the Termination Date, Lessee shall remove all Lessee -Owned Improvements,
including impervious surfaces, constructed or installed by or at the direction of
Lessee and Permittees from the Lease Area, except as otherwise provided in this
Lease, the Decommissioning and Reclamation Plan, or as State and Lessee
otherwise agree in writing.
(2) For any Lessee -Owned Improvements left on the Lease Area after the
Termination Date, State shall have the right, at its option, to either (a) deem any
or all of such Lessee -Owned Improvements abandoned and take ownership
thereof, or (b) remove, sell, or dispose of such Lessee -Owned Improvements as
State sees fit, in accordance with all applicable Laws.
(3)
If State chooses to remove any or all Lessee -Owned Improvements from the
Lease Area as permitted under Section 7.03(1) above, Lessee shall reimburse
State for all costs State incurs therefor within sixty (60) days of invoice from
State. Lessee's obligation to reimburse State for removal work shall survive
termination of this Lease.
(4) Notwithstanding anything in this Lease to the contrary, Lessee and Permittees
shall retain ownership of the Lessee -Owned Improvements and shall not be
required to remove such Improvements if the term of this Lease is extended by
mutual written agreement of the Lessee and State, or if Lessee re -leases the Lease
Area under a new lease with State; provided, however, State shall have no
obligation to agree to extend this Lease or re -lease the Lease Area to Lessee under
a new lease.
7.03 Disposition of Unauthorized Improvements. Lessee shall remove all Unauthorized
Improvements from the Lease Area by the Termination Date, unless State elects
otherwise in writing.
7.04 Disposition of Personal Property.
(1) Lessee retains ownership of Personal Property on the Termination Date, unless
Lessee and State agree otherwise in writing.
(2) Lessee shall remove Personal Property from the Lease Area by the Termination
Date.
(3) State may sell or dispose of all Personal Property left on the Lease Area after the
Termination Date. If State sells any Personal Property, State shall first apply
proceeds to State's cost of removing the Personal Property, State's costs in
conducting the sale, and any other payment due from Lessee to State Lessee shall
pay State foi the cost of removal and disposal.
Special Use Lease 60-A72406 Page 12 of 31
7.05 No Holding Over. There shall be no holding over by Lessee after the Termination Date,
and the failure by Lessee to deliver possession of the Lease Area to State on or prior to
the Termination Date shall be deemed a trespass by Lessee and Lessee shall owe State all
amounts due under RCW 79.02.300 or other applicable law. State may, at its sole
discretion, extend this Lease for a period not exceeding one (1) year after the Termination
Date. Upon expiration of the one (1) year extension period, State may, at its sole
discretion, issue a temporary permit that shall not extend beyond a five (5) year period.
SECTION 8 - LESSEE'S INDEMNITY; INSURANCE REQUIREMENTS
8.01 Responsibility Lessee releases and shall indemnify and defend (with counsel acceptable
to State) State, its employees, officers, and agents from and against any and all claims
arising out of the use, occupation or control of the Premises by Lessee, its agents, and
employees. A "claim" as used in this subsection means any claim of any nature
whatsoever for penalties, financial loss, damages (including but not limited to bodily
injury, sickness, disease or death, or injury to or destruction of property, land and other
natural resources including the loss of use thereof), costs or expenses (including but not
limited to attorney's fees), whether or not resulting in a suit or action or reduced to
judgment. This release and the obligation to indemnify shall not be eliminated or
reduced by the concurrent negligence of the State, its officials, employees, or agents,
except as provided in this subsection. To the extent that RCW 4.24.115 applies, Lessee
shall not be. required to indemnify State from State's sole or concurrent negligence.
Lessee waives its immunity under Title 51 to the extent it is required to indemnify the
State herein.
8.02 Self -Insurance. Lessee, including all its agencies and departments, is self -insured for all
exposures to tort liability, general liability, property damage liability, and auto liability,
as provided in statute, but only as respects the negligence of the State.
To the extent permitted by law, Lessee shall be liable for any claims arising from the acts
or omissions of itself and those of its employees, subtenants, contractors, and
subcontractors, agents, invitees, guests, affiliates, licensees, or Pernuttees while operating
under this Lease or at the Lease Area. "Claims" as used in this subsection means any
financial loss, claim, suit, action, damage, expenses, costs, fees (including attorneys'
fees), fines, penalties, or judgments attributable to bodily injury, sickness, disease, or
death, or injury or damages to tangible property. "Damages to tangible property"
includes, but is not limited to, physical injury to the Lease Area, diminution in value,
and/or damages resulting from loss of use of the Lease Area. Lessee shall not be liable
for the acts or omissions of State.
Special Use Lease 60-A72406 Page 13 of 31
SECTION 9 - WEEDS, HARMFUL SUBSTANCES
9.01 Weed Control. Lessee shall control all weeds within the Lease Area. Lessee shall be
responsible for, or shall immediately reimburse State for, any weed control cost incurred,
as a result of Lessee's failure to control weeds on the Lease Area If other entities are
authorized by State to use roads on the Lease Area, Lessee may coordinate its efforts to
control weeds on the Lease Area with such State -authorized users.
Lessee shall prevent noxious weed infestations by applying management practices that
discourage weed establishment or spread. Lessee shall detect and control the invasion of
new noxious weeds. Lessee shall control noxious weeds using appropriate mechanical,
biological, and chemical treatments that meet the requirements of Washington State and
federal Laws.
9.02 Hazardous Substances.
(1) Lessee shall not keep on or about the Lease Area any Hazardous Substance unless
both of the following applies:
(a) The Hazardous Substance is necessary to carry out Lessee's Permitted Use
under this Lease; and
(b) Lessee fully complies with all Laws now in existence or as subsequently
enacted or amended pertaining to the use, presence, transportation, or
generation of such Hazardous Substances.
(2) Lessee shall immediately assume responsibility for any release of any Hazardous
Substance caused by Lessee or any Permittee on or adjoining the Lease Area.
Lessee's assumption of responsibility pursuant to this Section 9.02(2) includes,
but is not limited to the following:
(a) Lessee shall immediately notify all necessary emergency response
agencies, as required under any Law, and follow any direction or
recommendations of such emergency response agencies.
(b) Lessee shall immediately notify State of any release of Hazardous
Substance and provide State with a list of all emergency response agencies
that it has notified of such release Lessee shall promptly provide State
with details regarding any actions planned or completed by Lessee or
Permittees in response to the release of Hazardous Substance, including
cleanup as provided in this Lease under 4.03(2) for Non -Fire Emergencies.
Lessee shall conduct all actions necessary to mitigate the release of
Hazardous Substances, all at Lessee's sole cost and expense.
Special Use Lease 60-A72406 Page 14 of 31
(3)
(c) Other than performing initial Emergency response cleanup and
containment actions, Lessee shall obtain approvals in advance of all site
cleanup actions (e.g., site characterization investigations, feasibility
studies, site cleanup and confirmation sampling, and groundwater
monitoring) conducted on the Lease Area and any adjacent State-owned
land, in coordination with applicable regulatory agencies and State.
(d) Lessee shall be familiar with all necessary Hazardous Substance release
notification and response mitigation requirements in advance of entering
onto or conducting any activity on the Lease Area.
Lessee shall immediately notify State of any of the following:
(a) All failures to comply with any Law, as now enacted or as subsequently
enacted or amended with respect to the use, presence, transportation, or
generation of Hazaidous Substances in, on, about, or adjacent to Lease
Area;
(b) All inspections of Lease Area by, or any correspondence, orders, citations,
or notifications from, any regulatory entity concerning Hazaidous
Substances affecting Lease Area;
(c) All regulatory orders or fines, or all response or interim cleanup actions
taken by or proposed to be taken by any government entity or private party
concerning the use, presence, transportation, or generation of Hazaidous
Substances in, on, about, or adjacent to Lease Area; and
(d) On request, Lessee shall provide copies to State of any and all non -
privileged correspondence, pleadings, and reports received by or required
of Lessee or issued of written by Lessee or on Lessee's behalf with respect
to the use, presence, transportation, or generation of Hazaidous Substances
in, on, about, or adjacent to Lease Area.
(4) Lessee shall be fully and completely liable to State, and, to the extent permitted
by Law, shall indemnify, defend (with counsel acceptable to State, and State's
consent shall not be unreasonably withheld), and save harmless State and its
employees, officers, and agents from any and all damages, costs, fees (including
attorneys' fees and costs), penalties, and oversight costs arising from Lessee's or
any Permittees' use, disposal, transportation, generation, or sale of Hazardous
Substances and for any other breach of this Section.
Special Use Lease 60-A72406 Page 15 of 31
SECTION 10 - ASSIGNMENTS
10.01 Assignment. Lessee or Permittee shall not hypothecate, mortgage, assign, transfer, or
otherwise alienate this Lease (collectively ` Assign" or "Assignment"), or any interest
therein, without prior written consent of State, which consent shall not be unreasonably
withheld, subject to State's approving both form and content of all documents. In
granting any such consent under this clause, State shall be entitled to consider, among
other items the proposed assignee's, sublessee's or transferee's financial condition,
business reputation, business, the State's trust responsibilities, and such other factors as
may reasonably bear upon the suitability of the assignee, sublessee, or trsnferree as lessee
of the Lease Area.lf Lessee is a corporation, partnership, or other association, (1) the
transfer of more than fifty percent (50%) of the ownership interest in such entity, or (2)
the sale of all or substantially all of the assets of Lessee shall be deemed to constitute an
Assignment of this Lease which requires consent of State.
10.02 Name Change. If Lessee changes its name, Lessee shall provide State with legal
documentation of the name change within sixty (60) days of the effective date of the
change.
SECTION 11- IMPROVEMENTS
11.01 Approval of New Improvements. Lessee shall obtain prior written approval from State
for any Lessee -Owned Improvements to be added to or removed from the Lease Area
sixty (60) days prior to installation or removal. State's approval shall not be unreasonably
withheld, conditioned, or delayed Lessee -Owned Improvements are identified on Exhibit
B. Within sixty (60) days of the installation or removal of any new Lessee -Owned
Improvements, Lessee and State shall execute an amendment to this Lease to update the
list of Lessee -Owned Improvements on Exhibit B.
11.02 Unauthorized Improvements. Any placement of Unauthorized Improvements on the
Lease Area by Lessee or any Permittee shall constitute a default by Lessee under this
Lease. In the event Lessee or any Permittee places Unauthorized Improvements on the
Lease Area, State may, at State's sole discretion, (a) require Lessee to remove such
Unauthorized Improvements immediately at Lessee's sole cost and expense, or
(b) consent to such Unauthorized Improvements. If State consents to Unauthorized
Improvements, such Improvements shall be deemed Lessee -Owned Improvements and
Lessee and State shall execute an amendment to this Lease to update Lessee -Owned
Improvements on Exhibit B.
11.03 Ownership of Improvements. During the term of this Lease, Lessee -Owned
Improvements, including without limitation all other additions, alterations, and
Improvements thereto or replacements thereof, and all appurtenant Lessee fixtures,
machinery, and equipment installed therein, shall be the property of Lessee.
•
Special Use Lease 60-A72406 Page 16 of 31
11.04 State's Repairs. State shall not be required or obligated to make any changes, alterations,
additions, improvements, or repairs in, on, or about the Lease Area, and expressly
disclaims any warranty that the Lease Area or any Improvements thereon are suitable for
the Permitted Use.
11.05 Lessee's Repairs, Alteration, and Maintenance. Lessee shall, at its sole cost and
expense, keep and maintain the Lease Area and all Improvements thereon and all
facilities, excepting Third Party Owned Improvements, in good order and repair and safe
condition for the safe conduct of any activities or enterprises conducted on the Lease
Area pursuant to this Lease, and keep and maintain the whole of the Lease Area,
including all Improvements, in a clean, sanitary, and attractive condition. Lessee shall not
unreasonably store Improvements and equipment upon the Lease Area during the term of
this Lease. State-owned Improvements are listed on Exhibit C.
11.06 Damage and Protection From Damage. Lessee, when using the rights granted herein,
shall repair or cause to be repaired, at its sole cost and expense, all damage to
Improvements, other than Lessee -Owned Improvements, on the Lease Area caused by
Lessee or Permittees, which is in excess of that which it would cause through normal and
prudent use of such rights.
SECTION 12 - ROADS
12.01 Access to Premises. Access to Premises includes a non-exclusive right to use an existing
road over the location shown on the map attached as Exhibit D for the purpose of
exercising the rights granted herein.
12.02 Road Repair. Lessee shall repair or cause to be repaired at its sole cost and expense any
damage to roads on the Lease Area or authorized for use in connection with this Lease,
which is in excess of damage that would be caused by normal and prudent usage of said
road(s) for the Permitted Use. Within fifteen (15) days of any such damage, Lessee shall
meet with State and provide a plan of operation for the repairs.
12.03 Road Maintenance. Road maintenance is defined as work normally necessary to
preserve and keep the roads in their present condition or as hereafter improved. At a
minimum, roads shall be maintained to meet forest practice standards set forth in WAC
222-24-050 as now written or hereafter amended. Unless contrai y to the terms of an
express easement authorizing access, the cost of performance of road maintenance and
resurfacing shall be allocated on the basis of respective uses of said road. During periods
when a road, or portions thereof, is used solely by Lessee, Lessee shall solely maintain
that portion of said road to the standards set forth above; provided State reserves the right
to make reasonable allocations concerning priority of use and maintenance of said roads
by it and others. Where there is joint use of a road, or portion thereof, Lessee shall
perform or cause to be performed, or contribute or cause to be contributed, that share of
maintenance and resurfacing occasioned by such use as hereinafter provided.
Special Use Lease 60-A72406 Page 17 of 31
During periods when more than one party is using the same road or any portion thereof,
the parties hereto shall meet and establish necessary maintenance provisions. Such
provisions shall include, but shall not be limited to:
(a) The appointment of a maintainer, which may be one of the parties hereto or any
third party, who will perform or cause to be performed at a reasonable and agreed upon
rate the maintenance and resurfacing of the load or the portion thereof being used; and
(b) A method of payment by which each party using said road or a portion thereof,
shall pay its pro i ata share of the cost incurred by said maintainer in maintaining or
resurfacing said road or portion thereof.
12.04 Road Improvements. Lessee shall construct no improvements to roads where access
has been provided by State without the piior written consent of State, which shall not be
unreasonably withheld. Unless .State agrees to share in the cost of the improvement in
writing, the improvements shall be at the sole cost of the improver.
SECTION 13 - DEFAULT AND REMEDIES
13.01 Default. In the event of any material breach (as further specified below) of any provision
of this Lease by Lessee, the breach, after expiration of any cure period or grace period as
provided in this Lease, shall be deemed a default entitling State to cancel this Lease and
seek any other remedies set forth in this Lease or otherwise available at Law or equity,
after State has delivered to Lessee notice of the breach and a demand that the same be
remedied immediately; provided Lessee shall not be in default if the bleach pertains to
the payment of money and Lessee cures the breach within thirty (30) days of receipt of
the notice, or if the breach pertains to a matter other than the payment of any monies due
under this Lease, and Lessee shall, after receipt of the notice, promptly commence to cure
the breach and shall cure the breach within forty-five (45) days after receipt of the notice;
provided, however, if such bleach is nonmonetary in nature, and, as determined by State,
is not reasonably susceptible of being cured in said forty-five (45) days (provided that the
lack of funds, or the failure or refusal to spend funds, shall not be an excuse for a failure
to cure), Lessee shall commence to cure such breach within said period and diligently
pursue such action with continuity to completion. If Lessee fails to cure a default, all
Lessee -Owned Improvements shall, at the option of State, be removed by Lessee, be
removed by State at Lessee's sole cost and expense, or become the property of State.
A material breach includes but is not limited to the following actions by Lessee:
(1) Failure to pay any rent or any other sums due under this Lease when due, unless
cured within the time periods set forth above.
(2) Failure to cure immediately any condition related to the release of any Hazardous
Substance within the Lease Area.
Special Use Lease 60-A72406 Page 18 of 31
(3) Failure to cure any condition related to an Emergency according to the time
periods set forth in Section 4.05 above.
(4) Abandonment of the Lease Area.
(5) Commencement of bankruptcy or insolvency proceedings against Lessee or the
appointment of a trustee of receiver of Lessee s property, unless the same is
dismissed within thirty (30) days.
(6) Failure to observe or perform any term or condition of this Lease other than those
addressed above, unless such failure is cured within the time periods set forth in
Section 13.01.
13.02 Survival. All obligations of Lessee to be performed prior to the expiration or earlier
termination shall not cease upon the termination or expiration of this Lease and shall
continue as obligations until fully performed. All clauses of this Lease which require
performance beyond the termination or expiration date shall survive the termination or
expiration date of this Lease. However, upon expiration or earlier termination of this
Lease, the rights of Lessee and of all persons, firms, corporations, and entities claiming
under Lessee in and to Lease Area and all Improvements hereon, unless specified
otherwise in this Lease, shall cease.
13.03 State's Right to Cure Defaults. If Lessee fails to perform and is in default of any
undertaking or promise contained herein, State shall have the option, but is not obligated,
to make such performance after giving ten (10) days' written notice to Lessee. State's
costs and expense to correct Lessee's failure to perform shall be reimbursed by Lessee
and shall be immediately due and payable, together with interest accruing from the date
such cost or expense is incurred.
13.04 Remedies Cumulative. The specified remedies to which State may resort under the
terms of this Lease are cumulative and are not intended to be exclusive of any other
remedies or means of redress to which State may lawfully be entitled in case of any
breach or threatened breach by Lessee of any provision of this Lease.
13.05 Nonwaiver. Waiver by State of strict performance of any provision of this Lease shall
not be a waiver of nor prejudice State's right to require strict performance of the same
provision in the future or of any other provision. The acceptance of performance, or any
other sum owing, by State following a breach by Lessee of any provision of this Lease
shall not constitute a waiver of any right of State with respect to such breach, and State
shall be deemed to have waived any right hereunder only if State shall expressly do so in
writing.
13.06 Force Majeure. Lessee's failure to comply with any of the obligations under this Lease
shall be excused if due to causes beyond Lessee's control and without the fault or
negligence of Lessee, including acts of God, acts of the public enemy, acts of any
government, fires, floods, epidemics, and strikes.
Special Use Lease 60-A72406 Page 19 of 31
13.07 Insolvency of Lessee. If Lessee becomes insolvent, bankrupt, receiver appointed, or their
interest is transferred by operation of law, by reason of insolvency, State may cancel this
Lease at its option. Insolvency as used herein will mean the inability of Lessee to meet its
monetary obligations under this Lease as they come due.
SECTION 14 - GENERAL PROVISIONS
14.01 Governing Law. This Lease shall be construed, interpreted, and enforced pursuant to the
laws of the state of Washington. Venue shall be in Thurston County. The terms of this
Lease shall be given their ordinary meaning and shall not be construed in favor of or
against either party hereto.
14.02 No Partnership. State is not a partner nor a joint venturer with Lessee in connection with
the activities conducted and business carried on under this Lease, and State shall have no
obligation with respect to Lessee's debts or other liabilities.
14.03 Lessee's Authority. Persons executing this Lease on behalf of Lessee represent that they
are authorized to do so and represent and warrant that this Lease is a legal, valid, and
binding obligation on behalf of Lessee, and is enforceable in accordance with its terms.
14.04 State's Authority. This Lease is entered into by State pursuant to the authority granted
by statute and the Constitution of the State of Washington. The terms and conditions
hereof are subject to such statutory and constitutional provisions as may be now in effect
and such provisions which do not impair the contractual rights of Lessee under this Lease
which may lawfully be enacted subsequent to the date of this Lease.
14.05 Preservation of Markers. Lessee shall not destroy any land survey corner monuments
and reference points (including but not limited to corner markers, witness objects, or line
markers) without prior written approval from State, which shall not be unreasonably
withheld. Monuments or reference points that must necessarily be disturbed or destroyed
during construction or operations must be adequately referenced and replaced, at Lessee's
cost, under the direction of a State of Washington Professional Land Surveyor, in
accordance with all applicable Laws of the State of Washington, including but not limited
to Chapter 58.24 RCW, and all relevant Department of Natuial Resources regulations.
14.06 Condemnation. If any public authority under the power of eminent domain takes all of
the Lease Area, this Lease will terminate as of the date the public authority, pursuant to
the condemnation, takes possession. If any part of the Lease Aiea is so taken and, in the
opinion of either State or Lessee, it is not economically feasible to continue this Lease in
effect, either party may terminate this Lease. Such termination by either party shall be
made by notice to the other given not later than thirty (30) days after possession is so
taken, the termination to be effective as of the latter of thirty (30) days after said notice or
the date possession is so taken. All damages awarded for the taking or damaging of all or
any part of the Lease Area, or State -Owned Improvements thereon, shall belong to and be
the property of State, whether made as compensation for diminution in value of the
Special Use Lease 60-A72406 Page 20 of 31
leasehold, for the taking of the fee, or for severance damages, and Lessee hereby assigns
to State any and all claims to the award, but nothing herein contained shall be construed
as precluding Lessee from asserting any claim Lessee may have against the public
authority foi disruption or relocation of Lessee's business on the Lease Area or for
Lessee -Owned Improvements.
14.07 Interpretation and Numbering. This Lease has been submitted to the scrutiny of all
parties hereto and their counsel if desired and shall be given a fah and reasonable
interpretation in accordance with the woids hereof, without consideration or weight given
to it being drafted by any party hereto or its counsel. Section numbers, headings, of titles
are for convenience only and are not to be construed to limit or to extend the meaning of
any part of this Lease.
14.08 Time of Essence. Time is expressly declared to be of the essence of this Lease and each
and every covenant of Lessee and State hereunder.
14.09 Amendments. Any amendments, revisions, supplements, or additions to this Lease or the
attached exhibits shall be made in writing executed by the parties hereto, and neither
State nor Lessee shall be bound by verbal or implied agreements. Such changes may be
made by re -execution of the signature page and the deletion and addition of the
appropriate new effective pages or exhibits governing the change, if any.
14.10 Entire Agreement. This written Lease or its successor or replacement contains the entire
agreement of the parties hereto with respect to the matters covered hereby, and no other
agreement, statement, or promise made by any party hereto, or to any employee, officer,
or agent of any party hereto, which is not contained herein, shall be binding or valid.
14.11 Severability. If any term or provision of this Lease or the application thereof to any
person or circumstance shall to any extent prove to be invalid, unenforceable, void, or
illegal, the remainder of this Lease, or the application of such term or provision to
persons or circumstances other than those as to which it is invalid or unenforceable, shall
be not affected thereby, and each term and provision of this Lease shall be valid and be
enforced as written to the fullest extent permitted by applicable Law.
14.12 Attorney Fees. If either party brings suit or submits to an alternative dispute process to
interpret or enforce any provision of the agreement, the prevailing party shall be entitled
to reasonable attorney fees, paralegal fees, accountant and other expert witness fees and
all other fees, costs and expenses actually incurred in connection therewith, including
those incurred on appeal, in addition to all other amounts provided by law, regardless of
whether the matter proceeds to judgment or is resolved by the defaulting party curing the
default.
Special Use Lease 60-A72406 Page 21 of 31
14.13 Designated Contact. Notices, required or desired, unless provided for otherwise in this
Lease, shall be in writing and delivered personally or by messenger, or sent by reliable
overnight courier or U.S. Postal Service, certified mail, return receipt requested, postage
prepaid, and shall be sent to the respective addressee at the respective address set foi th
below or to such other address as the parties may specify in waiting.
State Primary Lease Contact:
Washington State Dept. of Natural Resources
Product Sales and Leasing Program
Mail Stop 47014
Olympia, WA 98504-7016
Re: Agreement No 60-D58866
Attn: Westside Operations Manager
Phone: 360-902-1600
Lessee Primary Contact:
Mason County Department of Utilities and Waste Management
Richard Dickinson
411 North Fifth St.
Shelton, WA 98584
Phone: 360-427-9670 ext 652
14.14 Change in Contact. Each party shall notify the other party within fifteen (15) business
days of any change of address, business name, contact person's name, or other changes
that may affect this Lease.
14.15 Date Received. Notices shall be deemed effective upon the earlier of receipt, when
delivered, or, if mailed, upon the date on the return receipt listed as delivered.
14.16 Discrimination. Lessee shall not conduct or suffer any business upon the Lease Area
which unlawfully discriminates against any person on the basis of race, color, creed,
religion sex, age, or mental or physical disability or which otherwise violates applicable
civil rights and anti -discrimination requirements, including but not limited to
Chapter 49.60 RCW.
14.17 Proprietary Information/Public Disclosure. Materials or information submitted as
required in this Lease shall become public records within the meaning of Chapter 42.56
RCW.
Any submitted materials or information that Lessee claims as exempt from disclosure
under the provisions of Chapter 42.56.210 RCW must be clearly designated. The page
must be identified and the particular exemption from disclosure upon which Lessee is
making the claim must be identified by the RCW citation number.
Special Use Lease 60-A72406 Page 22 of 31
State will consider a Lessee's request for exemption from disclosure; however, State will
make an independent decision on the applicability of any claimed exemption consistent
with applicable Laws The portion of a document claimed as exempt must qualify for
exempt status as identified in Chapter 42.56 RCW. Marking the entire submitted
materials or information exempt from disclosure cannot be honored without justification.
If a public records request is made regarding materials that Lessee has requested as
exempt, the affected Lessee will be given notice of the request and allowed ten (10)
business days to seek a court injunction against the requested disclosure prior to State
fulfilling the public records request.
14.18 Exhibits. This Lease is subject to the terms and conditions of exhibits referenced herein,
which are attached hereto and by this reference made a part hereof.
Exhibit A: Lease Area Map
Exhibit B • Lessee -Owned Improvements
Exhibit C: State -Owned Improvements
Exhibit D: Road Access Map
Exhibit E• HCP Requirements
Special Use Lease 60-A72406 Page 23 of 31
•
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicates to
become effective as of the day and yeas first above written.
Dated: V VC)c \6 , 20 22 .
Approve as to Form:
Tim hi e ead, Ch. DPA
Dated: Aei I lit
Approved as to farm August 5, 2020
By Kirsten M. Nelsen,
Assistant Attorney General
MASON COUNTY
Department of Utilities and Waste Management
i
KEVIN SHUTTY
Commission Chair
411 North Fifth St.
Shelton, WA 98584
Phone: 360-427-9670 ext 652
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
, 20? Z .Le.��'i
SCOTT SARGE
South Puget Sound Region Manager
950 Farman Ave. N
Enumclaw, WA 98022
Phone: 360-825-1631
Special Use Lease 60-A72406 Page 24 of 31
h
NOTARIAL CERTIFICATE
ACKNOWLEDGMENT IN A REPRESENTATIVE CAPACITY
STATE OF WASHINGTON
) ss.
COUNTY OF MASON
I certify that I know or have satisfactory evidence that KEVIN SHUTTY is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument, and acknowledged it as
the Nte12AY Dc MaSon COu1\9 amm\SS\e�tDE1 ARTMENT OF UTILITIES AND
WASTE MANAGEMENT, MASON COUNTY, to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated: 3- \GJ -'LOfl
(Seal or stamp)
0111III11///i
GNisEe••••!i1jj,,,i
• 0e •c7.,9•• Ii
Q-4O i
Q2° NOTARY CFI
• •
•
►• i
PUBLIC •
•
its'mm '.';ti1#�214
Special Use Lease 60-A72406
\M Q
(Signature)
fiaranbar apprilisorragfelarek •r v py ►7 fl
mot_cnt\e, S`M\ 3lioug rf;tra is
(Print Name)
Notary Public in and for the State of Washington,
residing at WV SQ'1\ Mleti'; ' x.,t.c , :,- «1tgae.P4 .
My appointment expires \\- 30- el_02
Page 25 of 31
NOTARIAL CERTIFICATE
ACKNOWLEDGMENT IN A REPRESENTATIVE CAPACITY
STATE OF WASHINGTON )
) ss.
COUNTY OF
I certify that I know or have satisfactory evidence that SCOTT SARGENT is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the SOUTH PUGET
SOUND REGION MANAGER of the Department of Natural Resources of the State of
Washington to be the free and voluntary act of such pasty for the uses and purposes mentioned in
the instrument.
Dated: Rytti L DO Da -
(Seal or stamp)
Notary Public
State of Washington
KAREN M ROBERTSON.
COMMISSION NUMBER 137423
MY COMM. EXPIRES 8/19/24
,14
(Signature)
(Print Name)
Notary Public in and for the State of Washington,
residing at .E n utfr (' Ou,;\
My appointment expires (\ 19) 0 a'j •
•
Special Use Lease 60-A72406 Page 26 of 31
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Special Use Lease 60-A72406 Page 27 of 31
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Special Use Lease 60-A72406 Page 29 of 31
Special Use Lease 60-A72406
EXHIBIT D
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Page30of31
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