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HomeMy WebLinkAboutAirport Property Lease 03-10-1992i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AIRPORT PROPERTY IEASE THIS LEASE made and dated this 44¥ day of j2Zgdez/, 1992, by and between Kittitas County, a municipal corporation in the State of Washington, hereinafter referred to as the "County,'' and Central Washington University, a public university of the State of Washington, hereinafter referred to as ''Crm.,, The County hereby agrees to lease to the CWU, and CWU hereby agrees to lease from the County, the following described real property situated in Kittitas County, Washington, to-wit: Parcel Number: 0300-008 That portion of the S 1/2 of the SW 1/4of Section 24, Township 18 North, Range 18 E.W.M., Kitcitas County, State ofWashington, described as follows: Beginning at the SW corner of said Section 24, thence North 1®47'30" West, adistance of 30.00 feet; thence North 88o|2'3oW East, a distance of 466.77feet, to the true point of beginning;thence from the true point of beginningNorth 88.12.30" East, a distance of 363.23 feet; thence North 1®47'30" West,a distance of 110.80 feet; thence North 88®12'30" East, a distance of 245.23feet; thence North 1°47'3ol. West, adistance of 266.39 feet; thence South 88®12'30" West, a distance of 608.46 feet; thence South 1°47'30" East, adistance of 377.19 feet, more or less, AIRPORT PROPERTY LEASE PAGE 1 DAVID A. PITTS KITTITAS COUNTY f'f`OSECuT0f` I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TERN: to the true point of beginning and thetermination of this description. Theabove described parcel contains 4.65acres more or less. Parcel Number 0700-002 That portion of the North 1/2 of theNorthwest 1/4 of said Section 25, Tounship 18 North, Range 18 E.W.M.,Kittitas County, State of Washington,described as follows: Beginning at the Northwest corner of said Section 25, thence South 1®47'30'' East, adistance of 30.00 feet; thence North 88®12'30'' East, a distance of 470.00feet, to the true point of beginning.Thence from the true point of beginning North 88.12'30" West, a distance of 300.00 feet; thence South 1®47'30" East,a distance of 400.00 feet; thence South 88.12'30'' West, a distance of 300.00 feet; tbence North 1.47'30" West, adistance of 400.00 feec, more or less, tothe true point of beginning and thetermination of this description. Theabove described parcel contains 2.75acres, more or less. See, Schematic, (Exhibit a) The initial term of this lease shall commence on the 1st day of march, 1992, and shall terminate on the 28th day of February, 2067. This lease shall be renewable thereafter every f ive years upon agreement of both parties for the consideration identified herein. CONSIDERATION: CWU shall pay the following rent on March 1, 1992, and each year thereafter during the tern, in advance, AIRPORT PROPERTY LEASE PAGE 2 DAVID A. PllTS KrTTrTAS Cou Ntt f.FlosECuTOR I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the sum of One Dollar ($1.00) per annum through February 28, 2017. CWU shall pay the sum of Eight Thousand Four Hundred Sixty-Six Dollars ($8,466) beginning March 1, 2017. There will be one adjustment every fifth year thereafter. The adjustments from April 2022 through February 2047 will be the cumulative change in the Consumer Price Index for the previous five years, or, 15% whichever is lower. The adjustnents from Hlarch 2047 through February 2067 will be the cumulative cinange in the Consumer Price Index for the previous five years, or, 20% whichever is lower. See Exhibit (A). I.EASE TERMINATION: This lease may not be terminated during the initial tern by either party except as provided herein. Thereafter, the lease nay be terminated by either party with a minimum of 180 days written notice prior to the starc of any new ten, MAINTENANCE AND OPERATION COSTS: During the term of this lease, it shall be CWU's responsibility to fund its own maintenance and operations costs as determined by CWU. No impact is anticipated on County maintenance and operations costs because of the presence of a CWU facility at the airport. Any maintenance work performed by the County a€ the request of CWU on CWU leased land, and the payment therefor, DAVID A. PllTS KtTTITAS coui`rTv PFtosECUTOFt AIRPORT PROPERTY LEASE PAGE 3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall be negotiated in a separate contract at the time the work is done. U___T__I_LITIES: There presently exists a water system at the KKittitas County Airport, and CWU shall be entitled to purchase potable water from said system at rates comparable to the water rates charged by the City of Ellensburg. In the event that the existing water system should fail and extensive repairs should become necessary or it should become necessary to install a new water system, the parties agree that any continued use of water by CWU would be subject to a negotiated agreement at that time. The installation of any new utilities as determined by CWU, other than water, shall be the responsibility of CWU. Should the University decide to not participate in any water improvements or repair, the County will have no obligation to deliver water to the University site. No new utilities shall be installed without the prior written approval of the County. ASSIGNMENT: CWU shall not assign nor sublet this lease nor any portion thereof nor any fixtures, except as may be directly related to the Flight Technology or other approved educational program, without first having obtained the ii7ritten consent of the County therefor. The County shall be a party in any negotiation to sublet any portion of the premises and any DAVID A. PllTS KriTrTAs cOuMTy pRosEcuTOR AIRPORT PROPERTY LEASE PAGE 4 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 structure or facility to any third parties who are not public educational institutions. The University shall not assign or sublet any por+ion of the premises for connercial activities in direct conflict with airport revenue operations such as Tie DDowms, Aviation Fueling, or Hangar operations. PROPERTY DAMAGE AND BODILY INJURY: CWU hereby agrees to indemnify and hold harmless the County from any and all claims or demands of whatsoever nature arising out of loss, damage or injury to persons or property resulting from CWU's use or occupation of the leased premises caused by the tortious acts or neglect of CWU, its agents or employees to the extent allowed by law. The County hereby agrees to indemnify and hold ha]mless CWU from any and all claims and demands of whatsoever nature arising out of loss, damage or injury to persons or property resulting from the County's occupation or management of the airport property caused by the tortious acts or neglect of the County, its agents or employees to the extent allowed by law. QUIET ENJOYMENT: The County covenants with CWU that on payment of the rent herein required to be paid and performance of the covenants herein contained, CWU and those holding under it may peaceably and quietly have, hold and enjoy the premises for the term hereof , for the purpose of conducting Flight AIRPORT PROPERTY IEASE PAGE 5 DAVID A. PllTS KITTITAS CollMTY Pf`OSECUTOF` I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Technology or other Engineering or Technology related educational programs. WAIV_I__R: No assent, express or implied, by the County to any breach of any of CWU's covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreement, condition or ten hereof . INSPECTION: At all times during the tern of this lease or any extension thereof , the County shall have the right to enter into and upon the denised premises during reasonable business hours for the purpose of examining and inspecting the same and determining whether CWU shall have complied wich all of its obligations hereunder in respect to the care and maintenance of the premises and all other terms and conditions hereof. SPECIAL CONDITIONS: Irrigation ditches must not be rerouted without written approval from the Board of Kit€itas County Co]nmissioners. Irrigation water utilized by CWU will not be allowed to run off on runways. CWU shall pay to the Kittitas County Reclamation District all charges for irrigation water used in the leased premises. FENCES ANI) DITCHES: CWU shall care for and maintain all fences, irrigating and drainage ditches upon said property or DAVID A. PIITS KITTITAS COUNTY PFIOSECuTOR AIRPORT PROPERTY IEASE PAGE 6 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 appurtenances thereto in a state of good repair and condition during the term of this lease. V_A_S_TE: CWU shall not commit waste of the leased property and shall comply with all the regulations of the weed district within which said leased property is included and shall use all reasonable efforts to eradicate and prevent the grovrth of noxious weeds upon the premises. AIRPORT TRAFFIC: It is understood and agreed that CWU's use of the leased premises shall not in any manner interfere or restrict the use of aircraft landings, take offs, or storage of aircraft as the airport is presently constructed. CWU shall comply with all rules and regulations of the Federal Aeronautics Administration. RIGHTS OF U. S. GOVERNMENT: The County holds title to the property herein leased, partially by virtue of a deed from the United States government. A copy of said deed is attached hereto and made a part of this instrument as though fully set forth herein. (See, Exhibit C). CWU agrees that it wil. do nothing which will cause the County to be in violation of the terms of said deed. CWU further agrees that it has had ample opportunity to review said deed and is aware of all the terms and conditions therein. AIRPORT PROPERTY LEASE PAGE 7 DAVID A. FLITS KlttlTAS COUNTY PROSECUTOR I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 USE 0F PREMISES: CWU agrees that it will use the premises only for the purpose of conducting educational programs. CWU intends to use the prenlses for its flight technology, aeronautics and aviation program. CWU agrees that the Board of Trustees shall vote to deliver to the Councy a letter of intent signed by the Chairperson of the Board of Trustees wherein CWU states that its intentions are to expedite the use of the premises for flight technology instruction at the earliest possible date, that CrmJ intends to request funds from the legislature to locate temporary buildings on the premises cormencing .uly 1, 1993, and that CWU intends to request planning funds and permanent installation funds for construction in the 1995-97 bienniun. The parties agree that this letter of intent is to be incorporated into this lease by this reference. Should CWU during the term of this lease cease using the premises for educational programs related to flight technology, aeronautics, and aviation, CWU shall obtain pemission for the change in usage in writing from the appropriate Federal Agency so as to hold the County hamless against any claim by the Federal Goverrment that the original deed (Exhibit C) was violated with respect to the use of the premises. Such written permission shall be presented to the County. CWU agrees and promises that it will noc knowingly AIRPORT PROPERTY IEASE PAGE 8 DAVID A. PllTS I(IITITAS Cou l`11`/ Pl]OSECuTO R I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 conducc or promote any activity on the premises in violation of federal, state or local statutes, ordinances, rules or regulations . IMPROVEMENTS: It is understood and agreed between the parties tthat CWU will use said prenlses to construct of f ices and other structures for CWU programs in flight technology, aeronautics , and aviation. It is further agreed that before such construction commences, that the plans and specifications for said construction shall be submitted to the County's Board of County Commissioners for their approval and to FAA for their approval, and no construction shall commence until said approval is received by CWU from each of said agencies in writing. All buildings or other improvements made upon propercy leased shall belong to and become the property of the County at the expiration of the term, or any negotiated extensions of the term of this lease, or as soon as the lease is terminated by the County under the conditions set out herein. The lessee shall have the right to terminate or require readjustment of the terns of this lease in the event the County does not approve any construction or modif ication of improvements proposed by CWU. DEFAULT: In the event that CWU shall violate this lease, or any of its conditions or terms as herein stated, the County AIRPORT PROPERTY IEASE PAGE 9 DAVID A. PllTS ICIITITAS Cou l\ITY Pl)OSECuTof] I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 nay terminate this lease by giving sixty (60) days written notice of the conditions or terms being violated, and if said violations are not corrected within the sixty-day period, this lease may be canceled and the County shall be entitled to peaceably retake possession of the premises. Notice to the CWU under this section or any other section shall be in writing and addressed to the Of fice of President of Central Washington University, Ellensburg, Washington, by registered or certified mail with postage prepaid, and the parties herewith agree that such notice shall be sufficient. ARBITRATION: In the event that CWU and the County cannot reach an agreement in any matters related to the terms of this lease, the parties shall submit such disputes to arbitration. As provided in the Revised Code of Washington, Title 36, section 34.180, no board of arbitration shall reduce the rentals below the sum f ixed or agreed upon for the last preceding period except as otherwise provided herein (see CPI index). The County shall pick one arbitracor, and CWU one, and the two so chosen shall select a third. Each parcy shall bear the expense of the arbitrator selected by it. The costs and expenses of the third arbitrator shall be shared equally by the lessee and lessor. AIRPORT PROPERTY IHASE PAGE 10 DAVID A. PITTS KiniTAs couMTv pnosEcuTOR I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 VENUE: In the event of litigation initiaced by either party arising out of this lease or related to this lease, CWU and the County agree that the venue of such litigation shall be in the Superior Court of Kittitas County, State of Washington. IN WITNESS WIIEREOF, the County and CWU have executed this lease on the day and year first above written. KITTITAS COUNTY Board of Kittitas CountyComissioners ATTEST : ATTEST : I/ur,tr,.-,,,,i.i//,-; Senior Assistant AttorneyGeneral DAVID A. P[TTS KiTTITAs cOu^riy pROsEcuTOI] AIRPORT PROPERTY LEASE PAGE 11 EXHIBIT A VALUE OF $2,500 COMPOUNDED ANNUALLY YEAR 5 % ANNUAL MAXIMUM FIFTEEN PERCENT FIVE YR ESCAIATION AFTER YEAR 25 2500 CUREENT $ 2625 i 2756 1 2894 1 3039 i 3191 i 3350 1 3518 i 3694 1 3878 1 4072 1 4276 1 4490 1 4714 1 4950 i 5197 1 5457 i 5730 i 6017 1 6317 1 6633 i 6965 1 7313 i 7678 i 8062 1 8466 i 0 BASE RENT 8466 0 8466 0 8466 0 8466 0 8466 0 ADD 15% 9735 0 0R MAX 9735 0 CPI CHNGE 9735 0 WHICHEVER 9735 0 IS LESS 9735 0 ADD- 11196 0 11196 0 11196 0 11196 0 11196 0 ADD - 12875 0 12875 0 12875 0 12875 0 12875 0 ADD- 14807 0 14807 0 14807 0 14807 0 14807 EXHIBIT A ADD- ADD 20%ORrm CPI CHG malcHEVER IS LESS ADD- ADD- ADD- AVERAGE ANNUAL RENT OVER 75 YEAIS 17028 17028 17028 17028 17028 20443 20443 20443 20443 20443 24520 24520 24520 24520 24520 29424 29424 29424 29424 29424 35309 35309 35309 35309 35309 12254 "8" LI8IHXE -uife=J=,`LL •= , Lr7c. .i\ r`I,T=r=-i ©_ceL¥igr =J'E3B7- L`t, ,C}=_ , i?='( t\, ` •rty` ¥=,L?I 9—MA15 THIS D- DZNTIU3E, nada thie _ti- .— of bets+ cn iris IkMED STAT -S CI JL`�R=�A, acting by ani th-c h tto War A cts La--'L^.istmtor, trader and F,r-s;Ant to ?cerL-aniz_t'_cn P1. n C'c of 1947 (12 Pew. FeF• 4534) and the porters and au.!:ority contained is t".e F-ovisicns of the Surplus 7DroFerty bct of 1944, an &--=Oed, 11r.3 arplicahle rules, rerulaticrs and erders, party of the first part and aittitas County, r shinrtcoj a nunicipal corporation t.ndcr the Lass of the State cif Fashington, acting by and throuEh its Eoa d of Co=,ty Counisnioners, party of the second part, ll-ilL 111 That the said party of the first pert, fcr a^.d in con -O f the asetrption by the Tarty of the seccamd part of all the chllFaticna c:A its in]anE subject to certain rcnervaticns, restrictions and eoriditiens and itr ccr--Jult to abide by and agrement to certaln ot.Ler reservations, restrictionn arud cmditiens, all as cot out hereinafter, conveys and quitclaims to the raid T,urty of the second part, its successors end nrsiEns, is:dor and tubjeet to the resersatiens, restrictions &-id conditions, ezcepticos, and reservation of fiaaicnat taterialn and rirhta hereinafter set out, all its right, "title and interest in the following described property situate in the County of %ittitas, State of Ta ;hingtc-� to -Witt In Township Eighteen (1B) Forth, d'cnge Eighteen (18) East of 1111aaette Ideridiant The Southlest quarter (SWI) of the Scu'_Least quarter (,:;) and the South 420 feet of the Southeast quarter: ( ) of the Southeast quasar (S4) of Section 23, FICEPTt l tract of land 20 feet in width, being 10 feet on each side Cf a line d^ccri'.ed as followat wr Beginning at a point an the East Nunda.r7 line of maid Section 23 and ranning thence South 66 36' test 39 feet; themce�oiith 1* i) t Sas£ ?617 feet"to a TOU"t on the S-outtr b—n dart' line of said Sectim 23, which point 1a South 680 5571 West 40 feet froe the Southeast corner of raid Section 231 The northeast quarter of the southeast quaiter (N::j aj) of Section twantr-three (23) of said towna}ip as rant UCEPT a tract of land within the East l.alf of the Southeast quarter 20 feet in width, being 10 feat on each'61de of a line described as followst Beginning at a ; oizt cn ilia East Lc .•.'nr7 of Section $3, ithich�polnt in South 10 031 :est 37.8 foot �j from the fast gn,aztar.oarner of said Sectlan 23; thence Scut-: 6b0 36' West 39.0 fest (which tangent also -tends 133).0 foot t._ outside of Sectiots 23)j.thence South 10 041 iast 2617.0 feet U a point on the South boundar7 of Secticn 23, xhich joint in South B8° VI West 40.0 feet from the it cc, ter of rn.� .:` Section 231 *' Ire The NorU:vt 1, c. ._ter cf .7,rtl,in 23; in that ortion of the nst c_ :. cf quarter (S ) of ceotloa tv+ -L`.: c _ (Z3) c` :_-!t' and rare which is described as fellows:cf ,_. ^c - ._c l by a 1 -'me beginni,:.g at the Sontheast cc cf e ai = q_-rter section and r=irg thence west slant t,, said quarter section 983.6 feet; t1;,7ce :,p f_,t• Fast 983.6 ftft to the Fast hocy-n'Lr 117.(1 cf + i thence eosth alone, sadd L-O=C'sry 11r..c 31e f(-' t, i -.t of bels i r,nlny, ; - The east half of the northeast quarter (__::; ) cf f ctico twenty-three (23) of eald tounahip and ran gee Lla:27: o .V act of land bounded tri a line beginning at the Sc•!cast CC=C,- cf said gturter section and running thence Rest alc:Z t -'-.o S_uth bcmda fine of sold q`sarter section 953.6 feet; t_i.ance Ncrth 310 feet; thence East 983.6.feet to the East to,::.d,rj 11.r.e of -aid sectiea; and thence Scuth along said 1 1L ,1D feet to tho point of beginning; The Leat half (fl) of the Ecrt.eeet q._artcr (',!:_) ar e^ti r, 23; The Soutb",st quarter ( _) cf the of Section 14; The Southwest quarter (Sl}) of the Scut2.nest qut to (_�T;) of Section 13; 110EPTs A tract of ln.^.d 30 foot in width, t:e1r.-� 18 feet on the Southerly or lett hand aide (looking dovnetr'; and 12 feet on the Northerly or right hs.n3 elde (looki^C! d rn- str ear) of a line deecribed nit follows: Ti^ntng at a point m the Smith 1:c-u:_de_ry of the Scuth hell (31) of the 5cuth*eat quarter (SPP) of raid Eccticn. 13 (which point In South Sjo 59' teat 14.0 feet frcc L'.e Louth q arter Sj) corner of Section 13); r rmimg t..h.cnce North 3o 321 :cot 18.0 feet (which tangent also extends 32.0 feet outeldo of the South half (5}) of the Southwest quarter (Sts) of Section 13); thence South 850 59' :eat 2634.0 feetj ihesce South 40 Oil Fast 18.0 feet to a point on the South bcur.dery of the South halt (SI) of the Southwest quarter (S7;J) of Soction 13; w'.:lch point is North 850 59' Fast 53.0 feet fret the Sout?veet corner of Section 13. Said tangent also extends 45.0 feet outside of the South half (S-1) of the Sout�7w 5t quarter (^r}) of rect'_cn 13. 7-a rcrthweat quarter of the norttecet q'aarter the northwest qmrter of the northeast quarter of the ncrthwoot quarter (MeNjj"J)s and the acuth half of the northeast quarter of the northwest quarter (SJT*J) all of section tvonty-fivo (25) of said toc:ahlp sad range; The northeast quarter of the northeast quarter (hZjtMj) of section twenty -fire (25) of said towrahip and range;. L ilI that p`?a tiart `a-tb*-102th J*W, (No of tha ltor_theaii quarter (J}) of Seotim 26, 3ying North and East of the right of vey.uf the aaln oemd of the Cascade Irrigation district; The northwest goaztai of the n= thwwst quarter of section= (2f) of sold township and range;- She aartheast utr: of the northeast quarter of the north- west quarter (bjK9jLF}) of eeeticm twenty --five (25) of raid tamahip and rants; { In Sosship Sij�htMm (18) forth, range Flrietcrn (19) Ynnt of Viusmotte Zeriaiaai The vest half O of Lot one (1) of Secilc� thirty (�) �; Sa bald In range r� ' TO�,ii?� i:1-•'- �Pr'.�'-t�:r�t er±Ea`{ � eecc�.ente, 1_cc-sc:, fre:.c.`.iscc c - c' es, =fro:c ats , Ffrs�slty t -<I is i. /LOf x 221 Of; ice 1 .. HSC + i {�'C`�•� cJt X 1.�t, F/�Ct ,ti:f -4.:2 FEt�r:e- --.C3 G3 l:EEL, 1 -I' -T, ^,t Y 1_.2r'=1 -CC, F1yZ Fc -e ;Cf Lis}_ rair.cr, Ln!: ,Gt'n -5cl Fire Ste.ic-r, i`' -d T �' , t x 25t, *%I'r x 1 'G" t P, aJ1 tur; etc r --•? 4 LC't i:,'r�1r ! , F -L, ^j x t +-c1Gj G l Sfcra{t, C'-tL-S G -d'T,, J'' x F^, 14,9 z lEt� •-1CC2 2C1 . F r --!Iol O�-a-T 241i -1-'.C3 LI -r-; OfficersCfficere Cu:zfcr�, 2Cw:'0 ft. fi T-11 �- -'-" 3 ora ( {I rcx'.•) Flecr cre::i�<" ,E .r �St. r s:,n -2) !icor crce, <C:K ft. `�. • �� t �f[r Taco, , =-1.::^, I,., !. 1, r f s c4 let y 141 1 2 Indicator,="Utf'-rc}-,ever.= z TrtLefor l-ro 50 ft. Size !:ore, rutfr, trai ed ' F/. f,C it. i:Ste, fire, ccttc� , -/4", c1e rr.r. S=: ole c' , l s?, coLT:lin�r 5C, if �n ,.- - _•.! 11: V. (q c•'clu E c l rJredcr, read, sotcrized, dlcrcl cnCise drltibn, 1Gr noldbor.rd, "Cctc:7illar", 1'otCT tI!Z481, 1'' I: - ,(..837145 cC. 1 Place, =-CW, Strc!,_?,t blade, Sac—rye t;tu, icr 1� tea truck ao��*L.g, 91 LILde, 1 Fc:S Lcd. F: 24,Tractcr , ,(?:eel t51,e, rUber tL-t,d, carc!!r.n c: -C, driven, "race` +�cL+-�'4i-Ld2, 1 Trac(or, sbeel t.-I=c, I-LLbc.r tire!, E ctOint- cnr. drlvtxa •Case" VAT, 51, v/aivYje ' bar at'oc}=cnt, L cd. CCl.t, Eng- VLO12i13, . 14633220, L-- ror. 1 Alj C 'e,?,lyb= ;� fire, "::o:no, Clc•e 3;: , 1`,,Z,:., Iotor 1; 1. iCi-8�17�, :cr. Sc. U3-117! ILL-! E• 2;c. r- 503085, cacplete Yiti, ti.o Sollo"inC sten.(! C�+LICCr.ti 1 "pter, roduc-r-6, 2y a .t, 3" x 2: v 1 Lxe, t Z -flan, w/pick, e a, (is Furl ets, Sire, 14q t. 2 Ccmertions, Seeele, dct.'le, 2-1/�.^ 2 Cornectic s, uln, �,.t'1,, 1 Crer-k, f t.artitj 1 loot, doer, c1f w E.xtirrulrr^rr, fire, I -.r I , 2 Farb: +r*:ora, f!rc, '.n 1 Gal;Ce, tiro precc:n-e 1 CetPe, ♦nr.:-r bereave I cauFa, prCL..:rc 1 [=1, 6 -Care, 9 oz. 1 Ee.T e -r, bell re -In 2 Fose, mactiac, 3• x lot 350 Ft. Bose, chemical, 3/40, 54-1 1 Jeck, auto, wAx-ad-I n 1 Ladder, roof, fire, 14, 1 Ladder, ezteneicn, :0' 2 Lantczns, b; rd, dr3- cell 2 LiFhte, ndcr hood, 221 CF 1 LiFht, I -p, 3 cp 1 kirrar, rear view 2 Nozzles, eherical ehuteff, 3/4° 2 bozzles, shntcff, ' and holders 2 Fozzles, ff, shuto, If' and holders 2 Fozrle tips, 3/15' and holders 1 Oil can, 1/2 pt. and holder 1 Book, -operating instr. and past_- rt2iLal 1 role;(pi}:e, 101 1 nozzle tip, 1-1/81 and holder 1 Pr. Mere, cutter type, 6" :slip joint 1 Fr. Mf -s, dir.Eoral, 61 1 I'mp, tire, hard 1 Receptacle, for tatte--y charEirp 1 Screa!rivez, 101 1 :screwdriver, 61 2 Sarschlightas on rear 1 !:&ttcrs, atorage 1 Siren, and red fle-aher licht 6 SpL nera, Zmivorcal 1 L1)6=ar, chemical hcLe 2 Eyt=cre, adjratable, for 1v-12rantr, 14," to 1-'/4• 1 5trainer, aucticz, 3•, v/30' 318° din, rule 1 c sg, tool 1 Trench, pipe, Stilleca, 182 1 Rruncb, wheel stud, w/ -nestle 1 Branch, adjustable, 11, 1 T.ror:ch, spark ping, w/hand_le 1 Irench, rear vt_eel hrg., */2 ung:le 1 ureneb, open end, 3/s• x 7/164 1 Vreaeb, open end, 112• x 19132- 1 Arench, open end, 916' x16• 1 trench, men end, 5/81 x 2 32• 1 trench, cpn erd, 3/4° x ? 6" 1 Trench, act etre., far hose reel 1 Ccmncctiaa, 'T', 2-1.12° fcrAle, x 1?" cele x It, male 1200 it. nose, fire, cotton, single jeciet, 2-1/Z• 1 iL*TCLMBIIE: Trucks crash, •CbeTrolet•, 1.i tws 1942, ulnae 125, Eng. No. EF -290973, OSA Rag. Ho. 50G4'1`1, ca©plet.e with the folloridg standard equ!Mcnt1 i 1 Axe, fir—an, with pickhead 2 Eztingnishars, f#*, 042., 15# A_Wjngnlsher, fir4, CTC, 1 6a1. Laddor, ii" fan Y 1 Tool, clear: 1 hope, cotta:, 100' lung 2 tranches, Spanner, tiljuatable 1 Lante=, electric, portable, comb. c; of L ~ floodligbt; wet call 1 LiEbt, spot,portable, drJ call t.. I CO=actim, , double female 1 Gauge, full pr sect re w �'�: 1 Extinguisher, fire, CTG, 1-ct• _. 1 ltrencb, Spanner, rPFL1ir 1 ]Cit, first .aid 2 Nazzlea, spray 1 Eng, tool+ auto .-P , 1 G=1 grasp, llaaite 9 cr. 'qq.�. R '1 * _ ?!Lu 1 Jock, t ctllc, 3 ter., 1 Cilcr, c:cEl, 1/2 it. 1 FT. i'? ' arc, cczzbi:rt=cn. 6" 1 Pr. Fliers, cutter t.re- 6" c'E41c-�i i Ftp, tL�e, h=d 1 •`-crd�'.'��irer, +�.tcE, i.-.� ,1 e, 1G° 1 i.rer.ch, r`�cel, sLcc�: =uts *%i�:1e. 1 T;retch, stark F1r.� 1 %,retch, "In 114, 1,/2, 1 1.rc_.ch, car cnd, 9/16u 1 Tr E --ch, c; ev ends 5/E" x 25y a 1 Trcncb, c_ an ends 3/4" z vs. 1 C: -r -v, st.--tins 2 Chains, Lire, duel, h`•avy duty 2 l�e^usi®, irstructicn F poste ljut I To01, t, --e 2 Erenches, end, 5/6" z 7/16% hCM nut 1 Tirench, socket, 21/32" 1 Drench, socket, 25/32" 1 i+rench, socket, 1-3/16e 7 Ezti ELishers,fire, C42, 15, 9 katinEulshers, f ire, Ci C, 21 17t1--Euishers, fire, CIC, 1-ze:. 4 ExtirCulahcrs, fL-c, C=C, 3-V-- ,cl. 32 1'xt"i:"eherE, fire, nater, F-1- , 5 Eallcn 28 ixtirpl'shers, fire, fee.:., 2-1/2 Eel. 10 CCRAB, fireman, 10 Hen^etc, fLe--en 10 Pants, firman, b -x- ing 1 EztinEui-her, fire, lt�, W-2 10 Pr. -cots, ru`l r F.-oe 1 L1ocY, wood shell, 4° single, for 1,/2." roTe 1 Tooter, Tinter, CoLFuretors °i;allace-Tlornrn" 1 Kit, Tosting Tater, Corparatcr, "Le 1'otYe" I LuEer, pipe and serer, 1/2. 6ie., 501 16th., steel runic wire 2 Sc3-thee, bush type, 16" blade 1 Clock, elec.s wall type, 15" dials 110 volt. All fencing rceaining on the real kra;,orty heroin conveyed and surrendored including the L.C.L. %.oven wire fence around the water tower, the airfield perimeter fenco and the Fen -E -1h fence; e.C. Gasoline ItoraLc System comsistinE of 2 truck fill stands of 25,000 Eal. storaEo capacity each and 3 pit stands of 50,000 gal. atorate capacity each, toSether with tank -a, meters, Bose and reels, 6auEes, water detectors, F=Fine oqu11ncnt, refueling pits, p11:1nC and controls aa/installed; Yater eyaten remaining on the real property herein conveyed and surrendered including water mains, service linos and fire hydrsnte; ;sorer systom romaining on the real pro;-crty herein conveyed and surrendered ineludift sanitary sever maim, sanitary house _ F . ,1 at�crEda.-and . EZctz�:at�cex ilcctric aystea r—wining on the roll Frc;,crty i.croin ccnvcy t d end eurreodared including oTerhead eervicen and dlstributicn lines, underground distribution lines, exterior and obatructicnal 11rLting and transformers; All airT�ort a i mei:.tair.ed Cro=ds incl x1ing rts.r,cya, taxiweys, hard;tandir.ac, Farling rgmrea, Farling areas, roads, walls, a;rc. e, fl:el ladders, r_aintained Err—=ds, utility 3-ard " Font aSccs; i t,oing tl.0 :untie property acquired; by the Cnitod Statcs of ;%erica in e %dcsratien r; pr"Lcd.`.nrs %L -ler ) oclarations of Talixz Ho. 1 filed Jx 26, 1943; l;o. 2 filed r—,t-nb^r 24, 1943; Po. -1 filed Octc'.x-r 5, 1?41; NO. 4 fii,•� (,,.+,.1 r 2, NO, 5 filed October 15, 1943 and Fo, 6 fi t%d October 27, 1?43, in C--2 hc. 13t) In the District Coart of the United States for the Eastern I'istrict of i:;hingtcr, ooathern Divir;icn. Tho above descritcd presisec, are trwisferrfd cuhje :t to czis srµ, c .;.r— w-ts for roads, hi hsaya, pnblic utilities, milEays mrd 1 it clir,f_ ErrCEPMG, 9UTM'ER, from this ecrvepenoe all right, title end interest in and to all its property in the nature of equi¢ent, fl=-_ichinCe end other Perccsnl property located an the above described prises wh<1ch can be rczcvod iron the land without material injury to the land or atructurec located thereon, other than property of each nature located on the preeiees ccnvcyed herchy which Is rer.rocably necetnar7 fcr the opereticn or ssalntc ecce of t1:e airlcrt or for t' -e op-Czation or mafnterance cf the structures and isI-rcvcrcrte . ecifically lietcd hcreinaboTe an being trnnr:ferred hereto, for any reaaorable use for which structures or isprcrcnente are readily adaptable; and ft;rther excepting from t+.ia comeyance all ite structures oc said prem;aee other t.L&n strLrtures npacifioally described or caueerated abave as being ccrveyed here;mcer; and reserving to the party of the firet part far itself and ita lessees, .liccr.eeoe, perrittens, agents and ataitpe tine right to use the property and structures excepted heret-y in eLch e manner as will not materially and adversely affect the develcyrent, int rcvac(r.t, operation or s intenanoe of the airport and the right of reaoTal from said precileb of such property and atrtrct free, all within a r"acx:able 1-eriod of time after the date hereof, which shall not be cooetrued to aeon any period more t}:ar. me (1) year after the data of tho inatrunent, to£ether with a right of ini:recs to and aereea 1Ym said prmines for sucb purposes* And further ezoepting from this oacweyanoe and reserving to the part Of the first part, in actor anoo with Faoecutirs Order 9908, approved m tecember 5, 1947,' (1.2 F.B. ! 3), all igania,- th=44= -,�,smd a4 oLter materials dotemined parsuant U section S (b) (1.) of the Atomic Energy Act of 1946 (60 Stat. 761), ? to be p�callarly essential to the preduaUca of fissionable tatarial, contaInod, in whatrer em&mtratims in deposits in the lands covered by this instrti: ent `uaira he"17 reserved Sar the n.ne of the united Staten, tcfetfer with the r1rht the'ikxitad State- through its authorised asenta or rerpreccntwtivcs at any r a'tb oatow ttpm the land and prospect for, sine and rf-, "e the ea7c, tetiirF . •j5 . . Ci:. e t�ota'3or.ap Arm- a or-Ujwj occasioned tL.rei*y. F -ever, r,: -_h '( 4t is dN-V LEv c 3, r_c° r.ry ri;•},t- r Mercleed,�f 7:p _ rcccrvat?on C" such ulae rertlts in the eztrect m of e s r.ial frcz fl, Quantities Which say not be transferred or deliver; Wit*o,:t a lies e• t acs the dtmir Fxe2szy A t of 1946, ab it r.c+ e=+s` cr sura material a?1 be the PrOFert3 of the L'r.itci .tries ?tceic I.;cre,: C:_s-Sssic:., and the CCE--iasion Lar require delivery of ruch r.nterjel to it tl- ary Fcc rscor therref after ouch material has been rcr" at'd as r --ch frar_ the cres in ■'._ich It was contained. If the CcmMlabion rvquirea the delivery oS suci r-ateriaZ to it, it shall pay to the person mining or a'rtraetinb the se -e, or to such Other person as the Ccr=lssiou detarninee to be entitled thereto, suc2 s -,, Secluding profits, as the Cem1Bs10n door fair and rearcnable for the din.^overt', nlning, development, production, extraction, and ocher se vices rcrfez--;c•d With respect to such natc,rial prior to such delivery, but sue}: 1 -ay ---c" t ehall not include a.y *=r'lz.t on accrnnt of the value of such material before removal frc= Its place of deposit in nattn-e. If the Cormiesicm does r.et require delivery of such material to it, the rerervation hercbp made 0 -all tx; of r•o further force or effoct. Whither, the party of the fisat party for the censideraticns hereinabove eTprcased, dote hereby atxrender, subj"t to the ten=s mrd ccndlticns of U 1s instrumcxt, to tha Wast, of the second part the fcrmer'a leasehold interc,nt in " to the premiBes Bet forth and described in lease No, h'04 -193 -Eng -421,3, frac Eittltas County to the iiaited States c:f Lzerica dated July 1, 1943, Sr.clir'ir•.F 737.4- acres, aore or less, of land situated in the cnv:.ty of Eittitae, Mate cf iaehingtm, together With all interest in that certain franchi�e dated Juno 28, 191.3, granted to party of the first part by party of the eeccaid part to ccret.runt, operate and maintain an outfall scaer Pipeline tinder and serves certain Ccurty oeaad roada. Said Vr'O;WAY tsati #erred ieere"b7rirea-tt ly declared a lw and war aac.lgned to the War Assets AdGloistrator for dispoeal, acting prsacant to the 1 Fxarlej'ma of the above senticoad Act, as amended, Executive Order ". and Errucable ruler, regulaticns and aiders. z' UVE AMD SO BDLD sai.d,zccires, With e.Fi�urte'r_nneea,` cacgt the f1i3icnible materials and other� rt sic ted above end tl:e,riFhte Fr°ye y •F � ._. abore, sad under and subject to the reaervatims, restzietic-e and %net�iorut.,�23 this 1IIatrtaant, tato the said party of the neve d Fart, Sta .�i +arse assigns fa¢•stWT:� r ' " . , . fy %t e ❑ccci ti_::cc of Q,-4-- dcud Ur an} rithtc Ler—.ccr, the ::cid Party of the second Fart, for itself, its rucceesors and e_sidLs vrrocs thft the trararfer of the-reperty t a`sferred by this in!: '= L, 's acceFtcd eu`tect to the following restrictiocs set forth in uubparagreihs (1) and (2) of tf_iz Faragx'aph, which shall run sith the lend, i Fbsed Furrunzt to the au`.-�Iority of Article 4, fectim 3, Clause 2 of the Constitution of the Czlted Ctates of A -(-rima, the Curylus Property Act of 1944, ez a:=Zed, Executive Order 96E9 end agFlicable rules, regulations and orders: (1) That, ezcept as Frorlyed in subpar arra; h (6) of the next rt:cceedir.C, UTLT:-!--red z-raEraF1, the land, >-L1ainEs, structu es, izprcr�cr.ts and equipment in which this 1n5t:,r:ent transfers any interest shall be uses? for Fuhlic zjrPcrt j-urpoeos for the t:Le a-nd Lc:.e£it of the public, on rca'onablo terms e.d %!,..out u::Jurt e:.d alt' --cut gra:t or exercise of any esc'usive rit-ht'for use of the all—,ort pit 'n ttie mei. rfi of the tens ,cxclusivc riEht" ac l ed in sub,.ar aLraf.h (A) of the Lext succoaii:,g purarray-h. is utcd in L' is i .ctrL:.cl;t, the tern 'airs -ort' r!.ull L -e d_tmcd to +ncl,:do at le=t all much land, bulldirls, structures, lmFso:a✓cnt5 and equipment. (2) That, excoFt as Fravidod in su1p&raCri;-1 (6) of tho next cucccedinC Fara.graj.h, 4 -ho ontiro lnr.dinE area, as dofir.od in 1.AA ncEulaticn 16, d5,tei Ju;o tG, 1946, and all ctrUctureo, 1-Frovc=entr, facilities end cqulr=cnt in zl:lch tIAD Si:ntrirlvmt transfers ark}• interest shall be cainta:T;cd for the use and honefit Of tl.e public at all tires in good and servicoahlo ca:diticn, Frcvidcd, hmovor, such rointocanco a -:all Lot be ruquired as to the Tardstznds and taxlscys an shcvn outlined in Leavy black Cc the mV attached hereto and further l rcrwrid,,d, however, that such maintenance shall be required an to structures, impra- conts, facilitice and equlFnoit only during the remainder of their ettirated life, as deterrined 17 the Civil Aeronautics Administrator or his auecosscr. In the event eaterials _ -- ere required to reha`bilitate`drepair car min'of tho'eLfnrc�,::;tic nod structuron, imprm oaonta, facilities or cqulFmont, they =ay be procured by de-oliticn of other atructuron, !zpra tents, facilities or equipment transferred hereby and located on the abcrre described premises which have outlived their tr.e as aigort Frcl-crty In U.o , ;:.1 c cf t?:e CI'lc.-c e' time 43:-i_nistrator or his cucccsaer. i 1", a. -i t -L ..f this do ,d or any riELta htrcc.d.r, the coli j..ar:y i of tt:o :,,c.n.i p..rt fc. itb•.,fi, its st:ccoesc:s and ane!Ens, alio ase -_os Lo obllgattaL3 (.If, covana:ita tv abide tp and asr"s to, -zd Ute transfer 1a tido sa a te, the folloving raaervatims and restrictions set forth in B:y�3a a{r4FY.a pursuant to the eulLhority of Article /, Section 3, CJau:e 2 of thf) Crr;tituticn of the United States of America, Lie �,u^Fluc rrrrerty Let Cr 19_11, - amended, Emecutive Order " and applicable rules, regulaticns rand ordersz (1) That insofar as it is within its Fevers, the Fafty of the second part shall adequately clear and protect the aerirl eFFroaches to the nirFort by removing, lowering, relocatinr, mashing or liChtirC or other.iso situating existing airport hazards and by preventing the establishment or creation of future eir-port hazards. (2) That the kited States of America (hereinafter sometimes referred to as the eGovernnent') through any of its employees or atents shall at all tines have the right to make ncne=lusive use of the landing area of the airport at which any of the property transferred by this instrument is located or used, without charge; Provided, however, that such use may be limited as may be deter- mined at any time by the Civil Aeronautics ldministrator or his successor to be necessary to prevent Undue interference with use by other authoritod aircraft; rravided, further, that the Government shall be obligated to pay for damages canned by such Use, or if its use of the landing area is substantial, to ccntri- bate a roaacnable share of the cost of maintaining and operating the landing area, co©enaurate with the use made by it. (3) That during any national emergency declared by the Preeident of the United States of America or the Congress thereof, the Government shell have the right to make exclusive or nonexclusive use and have exclusive or none=olu- sive control and possessim, without charge, of the airport at which any of the property transferred by this instrument is located or used, or of such portion V.areof as it may desire, provided, however, that the Government ohall be reapon- Bible for the entire coat of maintaining such part of the airport as it envy we exclusively, or over which it may have exclusive posaesaion or control, durI4 the period of each use, possession, or control, and shall be ohlitatad to contriw ,. butte a reasontlo sham, cadenatira`ie Lith»the ase nada. by it, of the coat of saintenance of eucb property as. it W use nonexclusively or aver w!iich it may have nonexcluaiva oontrol and poasessi n; Prasided, further, that the Goverment ahall pV a fair rental for its ase, control, or Foasession, exclusively or no - the airport rade without T2sited Staten aid. 8=1usively of any improvements to (d) Shat no exclusive rirbt for the use of the airport at wbich the property tranafeired by this instrument is located cull be vested (directly or t�r_. . - 9 ¢ . . , V.JQ, ,i-rl. ..:r. . ~ = an coveasnts Shall tat be erfeet d hereby. IL > a ++=otlpp the P_ty of the firs: Fes- t has -',!sod the e e greseata to be execated ea of the &�y end year first above *rittea. �ZTt�Ss SATE Q7 ( ca coT2' T OP MG ) L_ir7ED SIALS C;,; d�14j Acting L-7 and ih__ouEh liar Assets L -i istratcr Deruty .riealcaal DL-oc �cr Peal Property L`:crosal Tiar ILL-ets Ad_-inistratim t On tilt _ day of C 1948, before =e, t1 0 lmdercigtod, a Notary Public in ani fer the hate of T::rh!rgtcn, r-:�racrally apT-cared J. Shaldm Lmery, Dc+puty F.cgicnnl Director, kcal irejwrty Dls�c•i1, War Assets ld✓iniatraticm to ze IT -own to be t:_e indisl5 t2 CescrINA in and •ho mocutod the foregoing inttrtaent and sho under oath stated that 1.0 gas duly cuthorizod, mpenored and delegated by the "&r Assota Adninietrater purauant to Delegation of Authority estod Apr it 9, 1942, to cxe-uto t!:c arld inctnnent and ac 2;arledaod the foreEoLng instr=cnt to bo ?:In froo and vol=tary act and deed, acting far aad cm bthalf of the Wur Acsots w�irisLrotor,, acting for and cn be`ialf of the United 2tates of i:.erlca, for the uaoo wad purposes therein nc:,tioned. 11: i;T'Zi.MSS ii::ZAF0 1 have }:orevz:to net rzy had amd affixed ry official noel the dqY 21nd.�7(ar firet . 4eve •-1ttm.q _. �147_ r.=.41M 1:6--te in a d for Ete.te ge ft.'?:iitttffi, retidirtg at. ttattlo i -±7G ® i