HomeMy WebLinkAbout2010-07-01 - Western Sunset, LLC - General Agreements / General Service Agreements LICENSE AGREEMENT
1. Identification of Parties. This License Agreement is entered into on July 1, 2010 by and
between the City of East Wenatchee("City") and the United States Sprint Boat
Association("Licensee"or"LJSSBA").
2. Description of Property. The City has a leasehold interest in certain real property
situated in Douglas County, Washington("the Land"), which is more particularly
described in Exhibit A attached to this Agreement and incorporated by reference.
3. Authority. RCW 67.28.120 authorizes the City to,jointly with any other person,operate
tourism-related facilities, whether located within or without such municipality.
4. Race Event. A Sprint Boat race consists of a boat with engines that range from 500 to
over 1,000 horsepower racing around a 15' wide by 3' deep track of water
(approximately 800,000 gallons) shaped like a maze over a span of 4 acres of flat ground
with a 70 foot offset, fenced in chain link. Boats race against the clock one at a time on
the track. A race event consists of all the activities necessary to prepare for a day of
scheduled boat races, at least one full day of scheduled boat races, and of all the activities
necessary to clean up after a day of scheduled boat races. A race event begins 48 hours
before the first scheduled race and ends 24 hours after the final scheduled race. Races for
the first race event shall occur on September 4, 2010. Races for the second race event
shall occur on July 2, 2011. Races for the third race event shall occur on September 3,
2011
5. Contingencies. In regards to the September 4, 2010 and the July 2, 2011 race events, all
grants, obligations, considerations, conditions, and agreements set forth in this License
Agreement are contingent upon the City receiving a Special Events Permit from Douglas
County. In regards to all race events subsequent to July 2, 2010, all grants, obligations,
considerations, conditions, and agreements set forth in this License Agreement are
contingent upon the owner of the Land receiving a Conditional Use Permit from Douglas
County. Collectively, these contingencies shall be known as "Government Approvals."
In the event any Governmental Approvals are not granted, canceled, expire, lapse, or are
otherwise withdrawn or terminated by any governmental authority so that the Land
cannot be used to conduct sprint boat racing,this Licensing Agreement shall
automatically terminate.
In regards to all race events, the City shall, at its sole cost and expense, secure the
necessary water rights to supply the race track with enough water to operate a race event.
In the event the City is unable to secure the necessary water rights for a race event,this
Licensing Agreement shall automatically terminate.
6. Grant of License. The City grants to Licensee a license("License")to use the Land to
conduct sprint boat race events. ("Permitted Use"). Licensee may not use the Land for
any other purpose or business without obtaining the City's prior written consent.
License Agreement
Page 1 of 6
7. Consideration. The City shall pay Licensee$8,000 per race event. Payment is due by 6
pm the day before each race event. Payment shall be made by Personal or Certified
check, made payable to the United States Sprint Boat Association, or Cash.
8. Obligations of Licensee. In exchange for the license granted in paragraph 5 and the
consideration set forth in paragraph 6, Licensee agrees as follows:
a. Conduct a race event on the Land on September 4,2010.
b. Conduct two race events on the Land in 2011.
c. At each race event, USSA shall provide the following:
• A minimum of 16 racing teams.
• Race Day Insurance(With the City listed as Additional Insured)
• An Electronic Time Clock with Reader Board
Race Day Track Rotation and Course Maps
• Race Officials, including,but not limited to:
0 1 Announcer,
0 1 Lead Timer,
0 1 Backup Timer,
0 1 Race Controller,
0 1 Lead Technical Inspector,
0 1 Assistant Technical Inspector,
0 1 Race Safety Coordinator,
0 1 Pit Coordinator,
0 1 Launch Coordinator,
0 1 Track Spotter,
0 1 Race Secretary
• Run the race event and keep lag time to a minimum
9. The City's race event obligations: For each race event, the City agrees to provide the
following services:
a. General Liability Coverage through Cities Insurance Association of Washington.
b. A track approved by the Licensee,
c. 12 USSBA qualified safety personnel for the track infield,
d. 1 Backup Rotation spotter,
e. Safety fencing and crowd control fencing,
f. Fully defined Start and Finish lines identified,
g. Pit area for up to 31 boats and support equipment,
h. 2 Fire extinguishers for the launch area(minimum 41b-ABC),
i. 10 Multi Channel communication FM Radios for race officials and announcing
tower plus any additional radios required for Contractor use,
j. 1 Waiting manned ambulance/rescue vehicle,
k. Organized launching vehicles pre approved by the USSBA
1. Public Address System,
m. 1 announcer and officials' platform elevated so as to provide clear view of all
portions of the track,
License Agreement
Page 2 of 6
n. Power available for the Public Address and Timing systems,
o. Elevated and sheltered table for Timers with an in-line view of the start and finish
lines,
p. Rescue trailer and vehicle for disabled boats,
q. Starting line flag person,
r. Have the race track,PA system, security, communication devices for race
officials, ambulance on site, and a safety crew, in place and ready 1.5 hours prior
to the scheduled start of each race,
s. The City shall provide security 1.5 hours prior to the scheduled start of any race,
and continue through race completion, or until the majority of the fan base has
dispersed.
10. Banners: The use and placement of USSBA banners will be mutually agreed upon by
the USSBA and the City no later than 1 day prior to any race event. All other banners
(non USSBA)will be negotiated for compensation to the City no later than 1 day prior to
the race event.
11. City's Regulation of Permitted Use. The City shall have the power and authority to
impose reasonable conditions and requirements relative to the management and operation
of said Land as in the City's judgment may appear to be for the best interests of the
public and the City, but which will not unreasonably interfere with Licensee's use and
enjoyment of said Land.Notice of all decisions and regulations by City shall be given as
hereinafter provided.
12. Interest Acquired. The Licensee shall acquire no proprietary ownership,possessory or
other rights, except as specifically given herein. This License is personal to the Licensee
and shall not be assigned without prior written approval of the Council. The Licensee
shall give the City at least 90 days notice in writing of the intention to assign. If
assignment is made without said notice and approval,the City, in addition to any
remedies for breach hereof, may hold the Licensee responsible for all things done, fees to
be paid, and documents to be filed under the terms hereof.
13. Term. The License Agreement shall be from July 1, 2010 to December 31, 2011. This
term may be extended for an additional one year period upon the mutual written
agreement of the parties, subject to any changes to the terms and conditions of this
License Agreement. During the term of this License Agreement, Licensee will not
sponsor a sprint boat race event within 60 miles of the Land without first consulting with
the City to ensure that any proposed facility is in the best interests of the City and of the
Licensee.
14. Revenue.
a. General Right to Receive Revenue Generated at a Race Event. The City shall
have the right to contract for, collect,receive and retain all income and revenues
of whatever kind or nature realized by, from or in connection with a race event,
License Agreement
Page 3 of 6
including, without limitation, all revenues,royalties, license fees, concession fees
and income and receipts arising from(a)the sale or distribution of admission
tickets to a race event; (b)the naming of, or the sale, lease or license of the right
to name the Land or any portion thereof; (c)the sale of food and beverages at a
race event; and (d)the operation of the Parking Areas.
b. Broadcast Rights. All radio and television broadcasting, film or tape
reproductions, closed circuit, cable or pay television or radio rights and similar
rights by whatever means or process,now existing or hereafter developed, for
preserving, transmitting, disseminating or reproducing for hearing or viewing
events on the Land. The City and Licensee shall enter into a revenue-sharing
agreement if either party is able secure Broadcast Rights to a race event;provided
that the duration of any contract with respect to the Broadcast Rights shall expire
no later than the end of the Term.
c. Concessions. The City shall have the exclusive right to sell all food and
beverages within at a race event, which shall include the right to contract with any
third party or parties to operate the food and beverage concessions at a race event;
provided that the duration of any contract with respect to the food and beverage
concessions shall expire no later than the end of the Term.
d. Merchandising. The City shall have the right to sell, lease or contract for the sale
or lease of programs,novelties, pendants,hats, clothing, sports equipment,
cameras, film, binoculars, headsets or any other items, goods or equipment which
With City permission, other vendors may sell merchandise at a race event. The
City shall not unreasonably withhold permission.
The City shall also have the exclusive right to set up carts, kiosks and other
similar temporary structures for the sale of such items anywhere on the Land at
locations selected by the City in its reasonable discretion,taking into
consideration public safety and access. The City shall not sell or offer to sell
products containing tobacco or any other products which are now or hereafter
may be prohibited for sale by governing law.
e. Overnight Ca wing_ The City shall have the exclusive right to operate,manage
and control Overnight Camping during a race event, and shall determine the fees
to be charged for a campsite;provided, however,that the duration of any contract
with respect to the management or operation of Overnight Camping shall expire
no later than the end of the Term.
f. Parking. The City shall have the exclusive right to operate,manage and control
the Parking Areas, and shall determine the fees to be charged for parking at the
Land;provided,however,that the duration of any contract with respect to the
management or operation of the Parking Areas shall expire no later than the end
of the Term.
g. Ticket Sales. The City shall have the exclusive right to operate,manage and
control Ticket Sales, and shall determine the fees to be charged for a ticket;
provided,however, that the duration of any contract with respect to the
management or operation of Ticket Sales shall expire no later than the end of the
Term.
License Agreement
Page 4 of 6
15. Conditions. The License given above is subject to the following conditions, and
violations of any of said conditions shall be cause for immediate termination of the
License Agreement, notwithstanding any notice provisions contained elsewhere
hereinabove. Licensee shall refuse to discriminate upon the basis of race, sex, creed,
national origin, religion, marital status, age, and physical condition against any person
desiring admission to said facility or to membership in Licensee's organization.
16. Indemnity. Licensee, as a material part of the consideration to be rendered to City under
this Agreement, waives all claims against Licensor for damages to all personal property
in, on, or about the Property, and for injuries to persons on or about the Property, from
any cause arising at any time. In addition and except for the sole negligence of the City,
Licensee shall defend, indemnify and keep and hold City, including City's officers,
employees and agents, their successors and assigns,harmless from any and all costs,
liability, damage or expense(including costs of suit and fees and expenses of legal
services) claimed by anyone by reason of injury to or death of persons, or damage to or
destruction of property, including property of Licensee, sustained in or about the
designated Premises or arising out of Licensee's use or occupancy thereof as a proximate
result of the acts or omissions of Lessee, its employees and agents, or its contractors,
licensees, invitees or subcontractors,their successors and assigns, or arising out of the
condition of the property. City shall,by appropriate written notice to Licensee, advice
Licensee as soon as practicable regarding any potential liability of Licensee under this
Section. Further, Licensee agrees to hold the City exempt and harmless for and on
account of any damage or injury to any person or personal property of any person, arising
from Licensee's use of the demised Premises. The City shall not be liable to Licensee for
any damage by or from any act or negligence of any other occupant of the demised
Premises or any occupant of adjoining or continuous property. Licensee agrees to pay for
all damages to the demised Premises, as well as all damage to occupants of the Land and
to the property of those occupants caused by Licensee's misuse or neglect of the demised
Premises.
17. Insurance. Licensee further agrees to maintain in full force during each race event, at
Licensee's own expense, a commercial General Liability Insurance with limits of no less
than TWO MILLION DOLLARS ($2,000,000)per occurrence for all covered losses and
no general aggregate limit. The policy shall insure the owner of the Land,the City and
Licensee against liability for injury to persons, damage to property, and death of any
person occurring in or about the demised Premises. The policy shall be approved as to
form and content by City. Licensee shall provide City with a copy of the policy,
including an endorsement that states that the policy will not be cancelled except after 30-
day prior written notice to City. Licensee agrees to obtain endorsements for third party
general liability coverage required here to include as additional insured the owner of the
Land and the City, their officials, employees, and agents. Licensee also agrees to require
this same provision of all subcontractors,joint ventures, or other parties engaged by or in
behalf of Licensee in relation to this Agreement.
License Agreement
Page 5 of 6
18. Fees. If any legal action or proceeding arising out of or relating to this Agreement is
brought by either party to this Agreement, the substantially prevailing party shall be
entitled to receive from the other party, in addition to any ether relief that may be
granted,the reasonable attorneys' fees, costs,and expenses incurred in the action or
proceeding by the prevailing party.
r
19. Entire Agreement. This License Agreement constitutes the entire agreement between
City and Licensee relating to the License. Any prior agreement, promises,negotiations,
or representations not expressly set forth in this Agreement are of no force and effect.
Any amendment to this Agreement shall be of no force and effect unless it is in writing
and signed by the City and.by Licensee.
Executed on - ��}' (R , 2010, at East Wenatchee.
Licensee: City.
United States Sprint Boat
Association City of East Wenatchee, Washington
f �
r
B By _ --
Presi t May •Steven C. Lacy
Attest; Attest: hIQA'n�v
Secretary Dana Barnard, City Clerk
Date: Date:
APTROVEJ FARM
�.+jai Pt�uls c
City Attorney
License Agreement
Page 6 of 6
Addendum-LICENSE AGREEMENT
As authorized by Paragraph 19 of the License Agreement, the parties modify the original
agreement as set forth below.
Paragraph 4 of the License Agreement is replaced by the following language:
4. Race Event. A Sprint Boat race consists of a boat with engines that range from 500 to
over 1,000 horsepower racing around a 15' wide by 3' deep track of water(approximately
800,000 gallons) shaped like a maze over a span of 4 acres of flat ground with a 70 foot offset,
fenced in chain link. Boats race against the clock one at a time on the track. A race event
consists of all the activities necessary to prepare for a day of scheduled boat races, at least one
full day of scheduled boat races, and of all the activities necessary to clean up after a day of
scheduled boat races. A race event begins 48 hours before the first scheduled race and ends 24
hours after the final scheduled race. In 2011, the race events shall occur on July 9, 2011 and on
August 13, 2011. In subsequent years, there shall be two race events each year. The parties will
determine the actual race dates by mutual agreement.
Paragraph 7 of the License Agreement is replaced by the following language:
7. Consideration. The City shall pay Licensee $8,000 per race event. In addition, the City
will reimburse Licensee for any increase in the actual cost of Licensee's insurance premium that
Licensee is required to maintain as set forth in paragraph 17. Payment is due by 6 pm the day
before each race event. Payment shall be made by Personal or Certified check, made payable to
the United States Sprint Boat Association, or by Cash.
Paragraph 8 of the License Agreement is replaced by the following language:
8. Obligations of Licensee. In exchange for the license granted in paragraph 5 and the
consideration set forth in paragraph 6, Licensee agrees as follows:
a. Conduct two race events on the Land in 2011.
b. Conduct two race events on the Land in 2012.
c. Conduct two race events on the Land in 2013.
d. Conduct two race events on the Land in 2014.
e. At each race event, USSA shall provide the following:
• A minimum of 16 racing teams.
• Race Day Insurance(With the City listed as Additional Insured)
• An Electronic Time Clock with Reader Board
• Race Day Track Rotation and Course Maps
• Race Officials, including, but not limited to:
0 1 Announcer,
0 1 Lead Timer,
0 1 Backup Timer,
0 1 Race Controller,
0 1 Lead Technical Inspector,
0 1 Assistant Technical Inspector,
Pagel of 2
\\ewswl\usd$\dpoulson\Addendum-Licensing Agreement.doc
0 1 Race Safety Coordinator,
0 1 Pit Coordinator,
0 1 Launch Coordinator,
0 1 Track Spotter,
0 1 Race Secretary
• Run the race event and keep lag time to a minimum
Paragraph 13 of the License Agreement is replaced by the following language:
13. Term. The License Agreement shall be from July 1, 2010 to December 31, 2014. This
term may be extended for an additional one year period upon the mutual written agreement of the
parties, subject to any changes to the terms and conditions of this License Agreement. Either
party may terminate the License Agreement by giving the other party written notice delivered by
regular mail to the contact person identified herein, provided that termination shall become
effective 120 days after receipt of such notice. Between July 1, 2010 and December 31, 2014,
Licensee will not sponsor a sprint boat race event within 60 miles of the Land without first
consulting with the City to ensure that any proposed facility is in the best interests of the City
and of the Licensee.
Executed by:
Licensee: City:
United States Sprint Boat
Association City of East Wenatchee, Washington
By
Presi Ma r §teven C. Lacy
Attes : Attest:
Secretary Dana Barnard, City Cle
Date: Date:
APP OVED AST ORM:
7
Devin Poulson
City Attorney
Page 2 of 2
\\ewswl\usdS\dpoulson\Addendum-Licensing Agrecment.doc
Addendum- Land Lease Agreement
As authorized by¶ 10.15 of the Land Lease Agreement,the parties modify the original
agreement as follows:
Ryan and Tennille Vickery ("Assignor") desire to assign to Western Sunset, LLC ("Assignee"),
and Assignee desires to assume, all of Assignor's rights and obligations as landlord under the
Land Lease Agreement("Lease"), with the consent of the City of East Wenatchee ("Tenant").
1. Assignor hereby assigns the Lease and all of its right,title and interest thereunder to
Assignee. Assignee hereby accepts such assignment. Assignee shall have all of the rights of
Assignor under the Lease including, without limitation, any option to renew or extend the Lease.
2. Assignee hereby assumes and agrees to be bound by all of Assignor's obligations under the
Lease. Assignee shall perform all the terms, covenants and conditions of the Lease after the date
hereof.
3. Assignee shall not assign the Lease any further or sublet all or any portion of the Premises
without the prior written consent of Tenant.
4. Except as specifically modified herein,the Lease will continue in full force and effect.
CONSENT OF TENANT
Tenant consents to the above Assignment and releases Assignor from all obligations and
liabilities arising under the Lease after the date hereof.
The parties further agree to modify the language of the Lease as follows:
1 (e) LAND: Landlord Western Sunset, LLC owns approximately 181 acres of land. Landlord
also owns an easement that provides access to the 181 acres of land. The 181 acres and the
easement are collectively referred to the as "the Land." The Land is depicted in Attachment A
attached hereto and incorporated by this reference. As set forth in Attachment A,the Land is
legally described as the New Parcel A,together with the easement.
Page 1 of 2
\\EWswI\PubIic\City Attomey\Sprint Boat\Contracts\Land Lease Agreement\Addendum-Land Lease.docx
Executed on '*0CAt4,v , 2011, at East Wenatchee,
LANDLORD/AS SIGNOR: TENANT:
City of Eas enatchee,
By
kyatqickery St en C. Lacy, Mayor
Tennille Vicker
LANDLORD/ASSIGNEE:
Western Sunset, LLC
By 1
Ryan V ery, Manager
APPROVED AS TO FORM:
De 'n Proi on
City Attorney
Page 2 of 2
\\Ewswl\Public\City Attorney\Sprint Boat\Contracts\Land Lease Agreement\Addendum-Land Lease.docx
Attachment A
N UN1QN AVE S 00'14'64" E FND WON
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NEW PAR 'A'
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n OLD PARCEL
170.44 ACRES , m
"-` NEW PARCEL L� •4
o URBAN INDUSTRIAL 181.01 ACRF_SAVE
(NEW LINE)
m S.00'34'58" E S 00'3. '58" E
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NEW PAR V
fbo Z $ (PARCEL 'E') *
S 00.00 00 E P OLD PARCEL rn
m ° w (OLD LINE) 159.50 ACRES t
N NEW PARCEL
149.02 ACRES
N
OC
2638.29' 883.29' 2839.73' z
N 0(r28'05"W » S_ 00'2S'05"• £ S 0034'580 E.
LINE 8 .` fFii f1tS1'ANCE
Lt. 'WIMOM.£::.. .332.10
438.20
LS s si .1 41 -;-w 53f3.1;1
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f CALLA HAN, PLS'64�=41'66 L10 5 20'f3. .:W_ 294.60
)ES Nl0Tf NEB L 0oNTAIN EXHIBIT �r A��
L OF nit:-INFpW-A,I M".
4TAMEV-OR. DMM D BY 7HE
IRVEYOR IN HfS.FIFLE7:00 , PG 9 OF 9
VICE WORK, OR RESEARCH.
SITE PLAN
Attach a scaled drawing (labeled Exhibit A) prepared by a licensed professional rand
surveyorthat discloses the location of the present and proposed property boundaries,
location of all buildings, water lines, septic systems, easements, streets, etc.
LEGAL DESCRIPTIONS
CuMant Parcel A:
Parcel A of Boundary Line Adjustniont as-recorded under Auditor's file number 3136981,
records of Douglas County, Washington.
Current Parcel B:
That portion of tract"A"and all of tract"B"as delineated on Batterman survey recorded March
29, 1993, in Boots 22121 of surveys at Page 166,.as recorded under Auditors file number
283723, In Section 9, Township 22 North, Range 21 East W.M, Douglas County, Washington,
said portion of Tract"A' being that portion lying Easterly of that part of Tract"A"conveyed by
deed recorded December 27, 1993, as recorded under Auditor's file number 291683 in book
390, page$36.
EXCEPT drat portion of Tract"A°lying within the South 1975 feet of the Southeast quarter
thereof.
NM Parcel A:
Parcel A of Boundary Line AdjUstrnent as recorded'under Auditor's fie number 3136981,
records-of Douglas County,Washington.
EXCEPT the following described panel; Commencing at the Northwest comer of Section 9,
Township 22.North, Range 21 East W.M, Douglas County, Washington;thence North 891,29'29'
EaM, along the North line of sald-secUon a distance of 2651.67 feet to the North one quarter
comer,thence North BW46'34 East,along-the North line of said section a distance of 667.95
fee;thence South 00034'58* East a distance of 1855.89 feet to the Northerly line of said parcel
A,and the True Point of Beginning;thence continuing'South 0b'34'S8"East a�dlstartce of
1455.93 feet tdthe-Southe(dy line of said,parcel A;thence North.89031'09' East a distdr'ioe of
429.61 fee#;-'1W6e North-61°11'07' Easta'dl*W'iceof.636:11"filet;thence North MrM0 DO"-East
a dlktaniii6f 880.004eet;thencd North 90°00'00 East a-distattce of 158.68.fbet;thence North
OQ°00'00'Ea"s '*distance of 220.00 feet;thence-North 96-00'00"West s distantoa*of 10713.92
feet to.the*True.Point-of Beginning.
To.E3E�F�W..,WlTfi the following'described,06 s0 Comrlr ndng at_the Northwest corner of
Sectlorf$,`TbwnshdP 22:North, Raiidw21 Eak.W.K I*3d les,QWrAy;'Washingtan;thisnce'North
89029'29 east'arloitg,ftie North lure of said-s:+eetior and;thei North line of sail Parcat ;.a dlstanos
of 18:59:+ 5`t'eet;t `tFie True Point B®ginni g thence aontinr ling along°the Nor*'Hne of,said
seakin, North 89 '29" East a'dtstance.&
Page-Tof. oamnaoa
792.12"feet tdthe North one-quarter comer;thence North 89° 614 East; along.the North line of
saidsection.a-clistarr'6bf 687.9&16et thence South 00°34'58" East a distanoe"of 1855:89'feet
to the Northerly fine of said parcel A;thence`North 48000'00 West,along the Northeasterly line
of said parcel A, a dlettince of 1695.24 feet;thence continuing along said line, North 30600'OO"
West a distance of 438.20 feet; thence North 00000'OO"East.a distance of 332.30 feet to the
True Point of'Beginning.
Subject to easements of record.
New _PA ftaI B.
That,portion of Tract "A" and all of-Tract-'"Bl.as"deiineMed on Batterman surrey recoMe tMarrch
29, 1993, In Book 22/21 of surveys at Page,186i as recorded under Auditor's file number
283723,In-Section 9,Township 22 North;Range 21 East W.M, Douglas County,Washington,
said portion of Tract"A"being that portiorriying''Easterly of that pact of Tract"A"conveyed by
deed recorded Dewmber 27, 1993, as recorded.under Auditor's file number 291683 in book
390, page-:338,
E%CEPT'that portion of Tract"AA lying within the'South 1975 feet of the Southeast-quarter
thereof.
AND EXCEPT the following described parcel. Commencing at the Northwest comer of Section
9,Township 22 North, Range 21 EastW.M, Douglas County,Washington; theiwe-'North
891,29'29 east along the North line of said section a distance of 1859.45 M016 the True Point of
Beginning;thence continuing along the.North line of-said.section', North 69028'290 East a
distance bt 792.12 feet to the North one quarter cornier;thence Norttf-89°4g'34 East, along the
Noith'line.of said•section a distance of'667.95-fee'tthenoe'South-00634'68" East a��distanoe.of
1855.89.Met thence North 48�00'00 West a distance-of 1695 24-f6K thence'North-30°00'00"
West a disferiae of 438.20'feet;thence North 0WOWOO"East a distance of 332.30-feet to the
True:PvNO.W.8e�inning.
1ft—M- tlt`TO iR theifoilo ving4escribek1--parcel: Commencing of the.Noihwest Cotner of
Section 9;Township 22 North, Rarige 2.1 East.W.M, Douglas County,Washington;:thence North
89°29'29"East,along the Ncsrthi line of said section a.distance df 2661.57 feet to-the North one
quarter comer;-theride North 89,046'34 East;along'the North One of said section a distahoei-of
667.,95 feet;thence South 00034'58"East a dWance of 1.865.89 feettc the Northedty:.Ilne of
paros(A:.of Baur!dary Line AdjUstriisht.as-recorded undat.. tar's file number 3i36981,
records 4Douglas County,Ulfashington and,the True Point of Begirinirtg;thencg'corKinuing
South 00'34'W East.a distance of 1456.93 feet to th&Southeifji-line of said parcel A of
Boundary Line aAdjustment;thence-North 89031409� East a distende of 428.,Q1 feet:therx.e'North
61°11'07"Eeist-ra•dtstanrce-of 536.11 feet;thence-North 0o°00'00" EemA distdnbe.cif 88O'.Ogfeet;
thenco North 901000'00'fast a dtstartce of=158,fl9`feet;thence N6fth WQD'00" East:a distance
o-220 00-'Ndt..therioe North•.85°0:a'0t .--Watt`aZiistertoe-of-1076;92.fee r.td i6eTote`Poln#of
Su gdt!egseMentsv6f-record:
Page=6�nsfi �. � Qeri7izose
CITY OF EASE, ENAT HEE
7 -� DEVIN POULSON * CITY ATTORNEY
271 9th St.NE* East Wenatchee, WA 98802
Phone (509) 884-9515 Fax(509)884-6233
September 28, 2011
Western Sunset, LLC
c/o Ryan Vickery.
1300 S. Webb Place
East Wenatchee,WA 98802
Re: Termination of Land Lease Agreement
Dear Western Sunset, LLC:
Section 1.1(i)of the Land Lease Agreement allows the City to terminate the lease if tickets sales
for a race event are less than 2,500. Ticket sales for the July 9,2011 race event were
substantially less than 2,500. Likewise,ticket sales for the August 13, 2011 race event were
substantially less than 2,500.
On September 27,2011, the East Wenatchee City Council voted to terminate the Land Lease
Agreement between the City and Western Sunset, LLC. Therefore,this letter serves as the City
of East Wenatchee's official notice that it is terminating the lease.
S' cerely,
ILI
Devin P/isn
City Attorney
cc: Mayor Steven C.Lacy(sent via e-mail attachment)
Page 1 of 1
1:icivi1Vettersu 1-09 28 letter to western amet.docx
LAND LEASE AGREEMENT
THIS LAND LEASE (this "Lease")is made and entered into as of July 1, 2010, by and
between Landlord and Tenant, as described in the following basic lease information. Landlord
and Tenant hereby agree as follows:
ARTICLE 1--BASIC LEASE INFORMATION
1.1 Defined Terms.In addition to the terms,which are defined elsewhere in this Lease,the
following terms shall have the following meaning:
(a) LANDLORD: Ryan and Tennille Vickery.
(b) LANDLORD'S ADDRESS: 1300 S. Webb Place
East Wenatchee,WA 98802
(c) TENANT: City of East Wenatchee, a city formed pursuant to the laws of the State
of Washington.
(d) TENANT'S ADDRESS: 271 9' St.N.E.
East Wenatchee, WA 98802
(e) LAND: Landlord owns approximately 170 acres of land. Landlord also owns an
easement that provides access to the 170 acres of land. The 170 acres and the
easement are collectively referred to the as"the Land." The Land is legally
described and depicted in Attachment A attached hereto and incorporated by this
reference.
(f) PERMITTED USE: Tenant may use the Land to manage, supervise,and schedule
two sprint boat race events per year. Notwithstanding the foregoing, Tenant shall
not use the Land for the purposes of storing,manufacturing or selling any
explosives,flammables or other inherently dangerous substance, chemical,thing
or device. Tenant agrees to comply with all policies,rules,and regulations of
Landlord as they now or may hereinafter exist with respect to the use of the Land.
(g) LICENSE AGREEMENT: An agreement to be entered into between Tenant and
United States Sprint Boat Association to use the Land for the Permitted Use.
(h) IMPROVEMENTS: Improvements shall mean the construction and maintenance
of a sprint boat track and related facilities in accordance with plans submitted to
and approved by the City pursuant to the License Agreement between the City of
East Wenatchee and the United States Sprint Boat Association. Landlord shall
construct and maintain improvements. The Improvements Landlord shall
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construct and maintain are set forth in Attachment B attached hereto and
incorporated by this reference.
(i) TERM: The term of the lease shall be from July 1, 2010 through December 31,
2014;however, Tenant may terminate the Lease if ticket sales for a race event are
less than 2,500 or if the United States Sprint Boat Association terminates the
Licensing Agreement with Tenant.
(j) COMMENCEMENT DATE: July 1, 2010.
(k) RACE EVENT: A Sprint Boat race consists of a boat with engines that range
from 500 to over 1,000 horsepower racing around a 15' wide by 3' deep track of
water(approximately 800,000 gallons) shaped like a maze over a span of 4 acres
of flat ground with a 70 to 100 foot offset, fenced in chain link. Boats race
against the clock one at a time on the track. A race event consists of all the
activities necessary to prepare for a day of scheduled boat races and of all the
activities necessary to clean up after a day of scheduled boat races. A race event
begins 48 hours before the first scheduled race and ends 24 hours after the final
scheduled race. Races for the first race event shall occur on September 4,2010.
Races for the second race event shall occur on July 2, 2011.
(1) SECURITY DEPOSIT:None
1.2 Attachments. The following attachments are attached to this Lease and are made part of
this Lease:
Attachment A: Description and Depiction of the Land.
Attachment B: Site Plan and Improvements for Permitted Use.
ARTICLE 2--AGREEMENT AND USE
2.1 Authority. RCW 67.28.120 authorizes Tenant to acquire and operate tourism-related
facilities.
2.2 Lease. Landlord leases to Tenant the Land, and Tenant shall lease the Land from
Landlord,according to the terms and conditions of this Lease Agreement. The duration of this
Lease will be for the Term described in section 1.L(i),
2.3 Use. Tenant shall use the Land only for the Permitted Use. Tenant shall not allow the
Land to be used for any unlawful purposes. Tenant will not commit waste and will not create any
nuisance or interfere with,annoy or disturb any other tenant of Landlord's Property. Landlord
will keep and maintain the Improvements in good condition and repair. Tenant will keep the
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Land free from all trash, debris, and waste. Beginning 30 days before a race event and ending 15
days after a race event,Landlord will provide Tenant with access to the Land 24 hours per day,
seven days a week, subject to limitations set forth in Section 2.5 of this agreement.
Notwithstanding anything to the contrary contained in this Lease Agreement, if,in the exercise
of any rights hereunder,Tenant, its licensee,or agents shall cause damage to the Landlord's
Property or any equipment located on Landlord's Property,Tenant shall,within ten days after
receipt of a statement from Landlord evidencing the amount of such damage,pay Landlord the
costs to repair such damage.
2.4 License Agreement with United States Sprint Boat Association. Tenant intends to enter
into a License Agreement with United States Sprint Boat Association for the Permitted Use. The
License Agreement with United States Sprint Boat Association shall provide the terms and
conditions for the use of the Land, and require that the United States Sprint Boat Association
comply with all terms of this Lease Agreement. Prior to Tenant entering into the License
Agreement,Landlord shall be provided with a copy of the License Agreement for review and
comment. If there are any conflicts between the terms of this Lease Agreement and the terms of
the License Agreement,the terms of the Lease Agreement shall prevail. In the event the City
and the United Sprint Boat Association cannot agree to the terms of a License Agreement, this
Lease shall automatically terminate.
2.5 Improvements. If Tenant notifies Landlord on or before August 1,2010 that it has
secured a Special Events Permit from Douglas County to use the Land for a race event,Landlord
shall immediately begin constructing the improvements set forth in Attachment B. Landlord
agrees to maintain the improvements in good working order for each race event.
2.5.1 Compensation for Improvements. Tenant shall pay the actual costs Landlord
incurs for constructing the improvements set forth in Attachment B or $40,000.00,
whichever is less.
2.5.2 Disputed work: If Tenant believes in good faith that some portion of work has not
been completed satisfactorily; Tenant may request that Landlord correct the work
before Tenant pays for such work. In such event,the City must reasonably explain
to Landlord its concern over the work and the remedy that Tenant expects from
Landlord. Tenant may withhold from any payment otherwise due an amount that
Tenant in good faith is under dispute,or if Landlord does not provide a sufficient
remedy,Tenant may retain the amount equal to the cost to Tenant for otherwise
correcting or remedying the work not properly completed.
2.5.3 Method of Payment. Landlord shall submit invoices for reimbursement of
Improvement costs. An invoice shall contain a detailed description of the work
performed,the number of hours spent performing such work, and any
reimbursable costs and expenses incurred in connection with such work.
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2,5.4 Invoices. Landlord shall submit the invoice to the following address:
The City of East Wenatchee
271 Ninth St.NE
East Wenatchee, WA 98801
Attention: Teresa Allen
2.6 Governmental Approvals. Tenant shall, at its sole cost and expense, apply for a Special
Event Permit from Douglas County that will allow Tenant to use the Land to schedule,promote,
manage, and supervise a sprint boat race event on September 4,2010 and on July 2, 2011. Prior
to April 1,2011 Landlord shall apply for and obtain a Conditional Use Permit from Douglas
County that will allow Tenant to use the Land to schedule,promote,manage, and supervise no
more than two sprint boat race events per calendar year(collectively,the "Governmental
Approvals"). Landlord shall cooperate with Tenant to obtain all necessary Governmental
Approvals. Likewise,Tenant shall cooperate with Landlord to obtain all necessary
Governmental Approvals. Tenant understands and agrees that Tenant's right to use the Land is
contingent upon Tenant and Landlord receiving the necessary Governmental Approvals. In the
event any Governmental Approvals are not granted, canceled,expire,lapse, or are otherwise
withdrawn or terminated by any governmental authority so that Tenant will be unable to use the
Land for its intended purposes,this Lease shall automatically terminate.
2.7 Water Source. Tenant shall, at its sole cost and expense, secure the necessary water
rights to supply the race track with enough water to operate a race event. In the event Tenant is
unable to secure the necessary water rights for a race event,this Lease shall automatically
terminate.
2.8 Access. Tenant shall be provided access to the Land,across.Landlord's Property as more
particularly depicted in Exhibit B (the "Access Drive"). In accessing the Land, Tenant shall not
interfere with Landlord's operations and Tenant shall not in any manner block access to any gate
or to any other facilities on Landlord's Property. Landlord may from time to time, with 24 hour
prior notice to Tenant, impose such reasonable restrictions on the time and means of access to
the Land as Landlord deems necessary for security precautions. Tenant agrees that it will not
change locks on any gates to the Land,or install additional locks on such gates. Tenant further
agrees that it will not duplicate any keys of Landlord.
2.9 Signs_ Following Landlord's consent, Tenant shall have the right to place on the Land, at
a location selected by Tenant,any signs which are permitted by applicable zoning ordinances
and private restrictions. Landlord shall assist and cooperate with Tenant in obtaining any
necessary permission from governmental authorities for Tenant to place or construct the
foregoing signs. Tenant shall repair all damage to the Land resulting from the removal of signs
installed by Tenant.
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2.10 Scheduling; of Race Events. Tenant shall notify Landlord on or before February 1 of each
year of the dates of the race events for the current calendar year.
ARTICLE 3--RENT AND TAXES
3.1. Rent.
3.1.1 Annual Rent. Annual Rent shall be in the sum of$1 per year,paid annually on or
before January 1 of each year,provided that the annual rent for 2010 shall be paid
on before September 1, 2010.
3.1.3 September 4. 2010 Race Event. Tenant shall pay Landlord$7,500.00 for the
September 4, 2010 race event. Payment is due 30 days before the race event.
3.1.4 Subsequent Race Events.
3.1.4.1 Base Rate. Tenant shall pay Landlord $7,500.00 for each race event. The
base-rate payment is due 30 days before each race event.
3.1.4.2 Percentage Rate. Tenant shall pay Landlord 10% of gross revenue received
from ticket sales of a race event. The percentage-rate payment is due within
30 days after a race event.
3.1.5 Tenant shall send rent payments to Landlord at 1300 S. Webb Place, East
Wenatchee, WA, or to such other person,firm or place as Landlord may, from
time to time, designate in writing.
3.2 Utilities. Tenant shall,at its sole cost and expense,arrange for electricity,water, gas,and
other utilities necessary for Tenant's operations to be provided to the Land directly from such
providers. Tenant shall be billed directly for the use of such services, and shall promptly pay the
same when due.
3.3 Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes and
installments of special assessments coming due during the Lease term of the Land,and all
personal property taxes with respect to Landlord's personal property,if any, on the Land. Tenant
shall be responsible for paying all personal property taxes with respect to Tenant's personal
property at the lease premises
3.4 Limitation on Liability. Landlord will not be in default under this Lease or be liable to
Tenant or any other person,for direct or consequential damages,or otherwise, for any failure to
supply any electricity,water, gas, security or other utilities,or for surges or interruptions of
electricity, or other such services or utilities.
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ARTICLE 4--INSURANCE
4.1 Tenant's Insurance. During a race event,Tenant will carry and maintain, at Tenant's
expense,the following insurance in the amounts specified below or such other amounts as
Landlord may from time to time reasonably request.
(a) Bodily injury and property damage liability insurance,with a combined single
occurrence limit of not less than$2,000,000.All such insurance will be equivalent to coverage
offered by a Commercial General Liability form including,without limitation,personal injury,
death of persons or damage to property occurring in,on,or about the Land, and contractual
liability coverage for the performance by Tenant of the indemnity agreements set forth in this
Lease; and
(b) Worker's compensation insurance insuring against and satisfying Tenant's and
any Licensee's obligations and liabilities under the worker's compensation laws of Washington,
including employer's liability insurance in the limits required by the laws of Washington.
4.2 Forms of the Policies. All such insurance shall be placed with insurers having an A.M.
Best's rating of B+XIII and under such form of policies acceptable to Landlord. Certificates of
Insurance,together with copies of endorsements, when applicable, listing Landlord and any
others specified by Landlord as additional insureds,will be delivered to Landlord prior to
Tenant's occupancy of the Land and from time to time at least 10 days prior to the expiration of
the term of each such policy.All Commercial General Liability or comparable policies
maintained by Tenant will list Landlord and such other persons or entities as Landlord specifies
from time to time as additional insured parties,entitling them to recover under such policies for
any loss sustained by them,their agents and employees. All such policies maintained by Tenant
will provide that they may not be terminated nor may coverage be reduced except after 30 days'
prior written notice to Landlord. All Commercial General Liability and property policies
maintained by Tenant will be written as primary policies,not contributing with and not
supplemental to the coverage that Landlord may carry.
4.3 Self Insurance. Notwithstanding the provisions of Article 4 of this Agreement, Tenant
shall be permitted to assume and self-insure the risks covered as set forth Section 4.1 of this
Agreement with deductible amounts as agreed to by the Landlord and shall not be required to
purchase or maintain any insurance policy of any kind with respect to this Lease. 4.4 Waiver of
Subrogation. Landlord and Tenant each waive any and all rights to recover against the other or
against the officers, directors, shareholders,partners,joint ventures, employees, agents,
customers, invitees or business visitors of such other party,for any loss or damage to such
waiving party arising from any cause covered by any property insurance required to be carried
by such party pursuant to this Article or any other property insurance actually carried by such
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parry to the extent of the limits of such policy. Landlord and Tenant,from time to time,will
cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to
all property insurance policies carried in connection with the Land or the contents of the Land.
ARTICLE 5-4NDEMNIFICATION.WAIVER. AND RELEASE
5.1 Tenant's Indemnification. From and after execution of this Lease, Tenant assumes all
risks of its own operations, and those of its agents, independent contractors,and any licensees,
including the United States Sprint Boat Association. Tenant and its agents, independent
contractors, and any licensees, including the United States Sprint Boat Association, shall
indemnify,defend and hold Landlord, its employees, directors,officers and agents harmless from
and against, any and all demands, claims,causes of action,fines,penalties,damages(including
consequential damages), liabilities,judgments, and expenses(including,without limitation,
reasonable attorneys'fees and expert witness fees)which arise out of or relate to: (1)the use or
occupancy or manner of use or occupancy of the Land by Tenant or any person claiming under
Tenant; (2)any activity, work, or thing done or permitted by Tenant in or about the Land; (3)any
breach by Tenant or its employees,agents, contractors or invitees of this Lease; and(4) any
injury, loss or damage to the person,property or business of Tenant,its employees,agents,or
contractors or any invitees entering upon the Land under the express or implied invitation of
Tenant. If any action or proceeding is brought against Landlord or its employees, directors,
officers or agents by reason of any such claim for which Tenant has indemnified Landlord,
Tenant, upon written notice from Landlord,will defend the same at Tenant's expense with
counsel reasonably satisfactory to Landlord. Tenant's obligations under this Section shall survive
the expiration or other termination of this Lease. The Tenant shall have each of its agents,
independent contractors,and any licensees,including the United States Sprint Boat Association
sign an agreement in favor of Landlord that obligates each of Tenant's agents, independent
contractors, and any licensees, including the United States Sprint Boat Association,to indemnify
Landowner in accordance with the terms of this Lease Agreement and promptly provide
Landlord with copies of such agreements.
5.2 Waiver and Release. Tenant,as a material part of the consideration to Landlord for this
Lease,by this section waives and releases all claims against Landlord, its directors, officers,
employees and agents with respect to all matters for which Landlord has disclaimed liability
pursuant to the provisions of this Lease.
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ARTICLE 6--END OF TERM
6.1 Surrender. Upon expiration or earlier termination of this Lease Agreement, Tenant shall
surrender the Land to Landlord. Within 60 days following the expiration or termination of this
Lease,Tenant shall remove all of its equipment or trade fixtures constructed or installed pursuant
to this Lease.
ARTICLE S--MAINTENANCE; REOUIREMENTS OF LAW
7.1 Maintenance. Landlord shall at all times throughout the Term, at its sole cost and
expense,maintain and repair the Land and the Improvements.
7.2 Compliance with Laws. For the purposes of this Section 7.2, "Applicable Laws" means
all laws, statutes,ordinances and governmental rules, regulations, or requirements now in force
or in force after the Commencement Date,the requirements of any board of fire underwriters or
other similar body constituted now or after the Commencement Date,and any direction or
permanent occupancy certificate issued pursuant to any law by any public officer or officers, as
well as the provisions of all recorded documents affecting the Land.
ARTICLE 8--DEFAULT
8.1 Events of Default. The following events are referred to, collectively,as 'Events of
Default" or, individually, as an"Event of Default":
(a)Tenant defaults in the due and punctual payment of Rent, and such default continues
for five days after written notice from Landlord;however,Tenant will not be entitled to more
than one written notice for monetary defaults during any 12-month period,and if after such
written notice any Rent is not paid when due, an Event of Default will be considered to have
occurred without further notice;
(b) Tenant purports to assign this Lease, or sublet all or a portion of the Premises, in
violation of the terms hereof;
(c)Any recordation in violation of Section 10.13 below; or,
(d) Tenant breaches any of the other agreements,terms, covenants or conditions which
this Lease requires Tenant to perform, and such breach continues for a period of ten 10 days after
written notice from Landlord to Tenant or, if such breach cannot be cured reasonably within such
ten-day period, if Tenant fails to diligently commence to cure such breach within ten days after
written notice from Landlord and to complete such cure within a reasonable time thereafter.
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8.3 Landlord's Remedies. If any one or more Events of Default set forth in Section 8.1 occurs
then Landlord has the right, at its election:
(a)To terminate this Lease,in which case Tenant's right to possession of the Premises
will cease and this Lease will be terminated as if the expiration of the Term fixed in such notice
were the end of the Term. If this Lease is terminated, Landlord will be entitled to recover from
Tenant: (i)the unpaid rent that had been earned at the time of termination; (ii)the unpaid rent
that had been earned at the date of the judgment awarding damages to Landlord (the "Date of
Judgment"); (iii)the unpaid rent for the balance of the Term of this Lease after the Date of
Judgment;and(iv) any other amount necessary to compensate Landlord for all the detriment
proximately caused by Tenant's failure to perform its obligations under this Lease or that in the
ordinary course of things would be likely to result from that failure. The amount referred to in
clauses(i) and(ii)is computed by allowing interest at the highest rate permitted by law. The
amount referred to in clause (iii)is computed by discounting the amount at the discount rate of
the Federal Reserve Bank of San Francisco at the time of award.
(b) To reenter and take possession of the Premises, expel Tenant and remove the effects
of Tenant,using such force for such purposes as may be necessary,without being liable for
prosecution, and without prejudice to any remedies for arrears of Annual Rent or other amounts
payable under this Lease. Accordingly, if Landlord does not elect to terminate this Lease
Agreement on account of any default by Tenant,Landlord may enforce all of Landlord's rights
and remedies under this Lease, including the right to recover all rent as it becomes due.
(c)To cure any event of default and to charge Tenant for the cost of effecting such cure,
including without limitation reasonable attorneys'fees and interest provided that Landlord will
have no obligation to cure any such event of default of Tenant. 8.4 Remedies Cumulative.
Landlord's rights hereunder shall be in addition to, and not in lieu of,every other right or remedy
provided for herein or now or hereafter existing at law or in equity by statute or otherwise,
including, but not limited to injunctive relief, specific performance and damages. The exercise or
beginning of exercise by Landlord of any one or more rights or remedies,provided herein or now
or hereafter existing at law or in equity by statute or otherwise,shall not preclude the
simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in
this Lease or now or hereafter existing at law or in equity or by statute or otherwise. All such
rights and remedies shall be considered cumulative and nonexclusive.
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ARTICLE 9—REVENUE
9.1 General Right to Receive Revenue Generated at a Race Event. Subject to the terms and
conditions of this Lease, Tenant shall have the exclusive right to contract for, collect,receive and
retain all income and revenues of whatever kind or nature realized by, from or in connection with
a race event,including,without limitation, all revenues,royalties, license fees, concession fees
and income and receipts arising from(a)the sale or distribution of admission tickets to a race
event; (b)the naming of,or the sale,lease or license of the right to name the Land or any portion
thereof; (c)the sale, lease or license of the Advertising Rights, including Signage; (d)the sale,
lease or license of the Broadcast Rights; (e)the sale of food and beverages at a race event; and
(f)the operation of the Parking Areas; (g)the sale of merchandise,programs and other goods and
wares of any nature whatsoever at a race event.
9.2 Advertising Rights.Any advertising or marketing of any kind on the Land including,but
not limited to, Scoreboard announcements, Signage,ticket advertising,Race Track advertising,
sponsor advertising on concession or "give away"merchandise, programs, and all other print and
display advertising distributed on the Land. Tenant shall have the exclusive right to control and
contract with respect to the Advertising Rights;provided that the duration of any contract with
respect to the Advertising Rights shall expire no later than the end of the Term
9.3 Broadcast Rights. All radio and television broadcasting, film or tape reproductions,
closed circuit, cable or pay television or radio rights and similar rights by whatever means or
process, now existing or hereafter developed, for preserving,transmitting,disseminating or
reproducing for hearing or viewing events on the Land. The City shall have the exclusive right
to control, conduct, lease, license, grant concessions with respect to, sell,benefit, control and
enter into agreements with respect to the Broadcast Rights;provided that the duration of any
contract with respect to the Broadcast Rights shall expire no later than the end of the Term.
9.4 Concessions. Tenant shall have the exclusive right to sell all food and beverages within
at a race event,which shall include the right to contract with any third parry or parties to operate
the food and beverage concessions at a race vent; provided that the duration of any contract with
respect to the food and beverage concessions shall expire no later than the end of the Term.
9.5 Merchandising. Tenant shall have the exclusive right to sell, lease or contract for the sale
or lease of programs,yearbooks,novelties,pendants,hats, clothing, sports equipment, cameras,
film,binoculars,headsets or any other items, goods or equipment which Tenant(in its sole
discretion)may desire to offer for sale or lease at race event;provided that the duration of any
contract with respect to the sale of merchandise at a race event shall expire no later than the end
of the Term. Tenant shall also have the exclusive right to set up carts,kiosks and other similar
temporary structures for the sale of such items anywhere on the Land at locations selected by
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Tenant in its reasonable discretion,taking into consideration public safety and access. Tenant
shall not sell or offer to sell products containing tobacco or any other products which are now or
hereafter may be prohibited for sale by governing law.
9.6 OvernightCamping_ Tenant shall have the exclusive right to operate,manage and
control Overnight Camping during a race event, and shall determine the fees to be charged for a
campsite;provided,however,that the duration of any contract with respect to the management or
operation of Overnight Camping shall expire no later than the end of the Term.
9.7 Parking Tenant shall have the exclusive right to operate,manage and control the Parking
Areas, and shall determine the fees to be charged for parking at the Land;provided,however,
that the duration of any contract with respect to the management or operation of the Parking
Areas shall expire no later than the end of the Term.
9.8 Ticket Sales. Tenant shall have the exclusive right to operate,manage and control Ticket
Sales,and shall determine the fees to be charged for a ticket;provided,however,that the
duration of any contract with respect to the management or operation of Ticket Sales shall expire
no later than the end of the Term.
ARTICLE 10—GENERAL
10.1 Quiet Enjoyment. As long as Tenant performs all covenants and obligations contained in
this Lease, Landlord warrants quiet enjoyment of the Land by Tenant;provided that Landlord, its
agents or representatives, and any other person authorized by Landlord,may enter upon the Land
for the purpose of inspecting the Land and to exhibit the Land to prospective purchasers or
lenders. Any entry onto or inspection of the Land shall not constitute eviction of Tenant in whole
or in part.
10.2 Condemnation.In the event of a condemnation or other taking by any governmental
agency of all or a portion of the Land necessary for Tenant's operation of its business thereon,
this Lease will terminate when the condemning authority takes possession of the Land. Any such
condemnation award shall be paid to Landlord, except that Tenant will have the right to assert a
separate claim for moving expenses,business interruption, and leasehold improvements paid for
by Tenant.
10.3 Liens. Tenant will keep the Land free and clear of all mechanics'liens and other liens on
account of work done for Tenant or persons claiming under Tenant.
10.4 Assignment and Subletting. Tenant may grant a license to United States Sprint Boat
Association or a successor in interest for the management, supervision,and scheduling of race
events on Land. Except as stated above, Tenant shall not assign or sublet its interest in this Lease
or the Land without the prior written approval of Landlord,which approval may be withheld in
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Landlord's sole and absolute discretion. This Lease shall otherwise inure to the benefit of and be
binding upon the successors and assigns of the parties.
10.5 Successors. The provisions of this Lease shall extend to and be binding upon Landlord
and Tenant in their respective legal representatives, successors and assigns.
10.6 Limitation on Liability. Tenant specifically agrees to look solely to Landlord's interest in
the Land for the recovery of any judgments from Landlord. It is agreed that Landlord(and its
officers, directors and employees)will not be personally liable for any such judgments. The
provisions contained in the preceding sentences are not intended to, and will not, limit any right
that Tenant might otherwise have to obtain injunctive relief against Landlord.
10.7 Notices. All notices and other communications required or permitted under this Lease
shall be in writing and shall be given(a)by United States first class mail,postage prepaid,
registered or certified,return receipt requested; (b)by hand delivery(including by means of a
professional messenger service); or(c) by delivery from a nationally recognized overnight
delivery service that routinely issues receipts,which notice shall be addressed to the party to
whom such notice is being given,at their address set forth in Section 1.1 above. Any such notice
or other communication shall be deemed to be effective when actually received or rejected.
Either parry may by similar notice given change the address to which future notices or other
communications shall be sent.
10.8 Inspection.Landlord reserves the right to enter, at any time,the Land to inspect the
same.
10.9 No Waiver. The waiver by either Landlord or Tenant of any agreement, condition, or
provision contained in this Lease will not be deemed to be a waiver of any subsequent breach of
the same or any other agreement, condition, or provision contained in this Lease.
10.11 Authori1y. Tenant and the party executing this Lease on behalf of Tenant represent to
Landlord that such party is authorized to do so by requisite action of the board of directors,or
City Council, as the case may be, and agree,upon request,to deliver to Landlord a resolution or
similar document to that effect.
10.12 Governing Law. This Lease shall be governed by and construed pursuant to the laws of
the State of Washington.
10.13 Ca tions. The captions of the various Articles and Sections of this Lease are for
convenience only and do not necessarily define,limit, describe or construe the contents of such
Articles or Sections.
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10.14 Recordation. Tenant shall not record this Lease in the public records without the prior
written consent of Landlord.
10.14 Severability. If any provision of this Lease proves to be illegal,invalid or unenforceable,
the remainder of this Lease shall not be affected by such finding, and in lieu of each provision of
this Lease that is illegal,invalid or unenforceable,a provision will be added as a part of this
Lease as similar in terms to such illegal, invalid or unenforceable provision as may be possible
and be legal,valid and enforceable.
10.15 Entire Agreement;Amendment. This Lease contains the entire agreement between
Landlord and Tenant.No amendment, alteration,modification of,or addition to the Lease will be
valid or binding unless expressed in writing and signed by Landlord and Tenant.
10.16 Attorney°s Fees-If any action is instituted by either party to this Lease Agreement to
enforce any of the terms of this Lease or the License Agreement, the substantially prevailing
party shall be entitled to receive its reasonable attorneys'fees,expert witness fees, costs,and
expenses.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the
day and year firs above written.
Executed on 2010, at East Wenatchee,
LANDLORD: TENANT:
City of East natchee,
- $y
4yvyVickery Ste n C. Lacy,Mayor
Tennille Vickery
APPROVED AS TO FORM:
Devin Poulson
City Attorney
Lease Agreement
Page 13of13
Attachment A
Description of 176 Acres
Parcel A:
That Portion of Tract A, which said Tract A is that portion of Section 9, Township 22 North,
Range 21 East of the Willamette Meridian,Douglas County,Washington, as set forth,described
and identified Tract A upon that certain plat of survey recorded in Book 22-21 at page 166 under
Auditor's File No.283723, records of said county, described as follows:
BEGINNING at the Northwest corner of said Tract A,thence North 89'29'23" East along the
North line thereof 1859.72 feet;thence leaving said North line South 00'00'00" East
332.30 feet thence south 30'00' 00"East 438.20 feet;thence South 48' 00'00"East 1695.24 feet;
thence South 85'00'00" East 1076.92 feet;thence South 00'00'00" East
220.00 feet;thence North 90'00'00" West 158.69 feet;thence South 00'00'00" East 880 feet;
thence South 61'll'OT West 1750.94 feet;thence South 00'23'55" East 157.05 thence North
90'00'00" West 1028.45 feet to the West line of said Tract A;thence along the West and
Southerly Line of said Tract A as follows: North 00'14'54" West 430.00 feet;thence South
89'31'14" West 436.10 feet;thence North 51'25'52" West 121.00 feet;thence leaving the
Southerly line of said Tract A North 20'12'01" East 528.38 feet; thence North 00'00'00" East 800
feet;thence North 03'21'5 V West 1215.20 feet;thence North 90' 00'00" West 585.12 feet;thence
North 65'00'00" West 500.00 feet; thence North 26'00'00" West 518.38 feet to the West line of
Tract A; thence North 00'46'OT West along said West line 336.42 feet to the Point of Beginning.
Except that portion lying South of a line 1975.00 feet North of and parallel to the South line of
said Section 9.
Description of Easement
Return to:
Nicholas L. Wallace
Schultheis Tabler Wallace PLLC
P.O. Box 876
Ephrata,WA 98823
EASEMENT
GRANTOR:
1. Western Sunset LLC, a Washington limited liability company
GRANTEE:
1. Ryan S. Vickery and Tennille A. Vickery,husband and wife
LEGAL DESCRIPTION:
Lot A and B of BLA 3136981
ASSESSOR'S TAX PARCEL NUMBER:
22210930006 and 22210930014
SCHULTHEIS TABLER WALLACE PLLC
LAWYERS
P.O.BOX 876 56 C STREET N.W.
EPHRATA,WASHINGTON 98823
TELEPHONE(509)754-5264
EASEMENT
This easement agreement is made this 1st day of September, 2009, between Western
Sunset LLC, a Washington limited liability company ("Grantor") and Ryan S. Vickery and
Tennille A, Vickery, husband and wife ("Grantee").
In consideration of S 10.00 and other good and valuable consideration, receipt of which is
hereby acknowledged, Grantor hereby grants to Grantee, their successors, and assigns the
following easement:
A perpetual, appurtenant, non-exclusive easement over, under, across and through the
property described in Exhibit A. The property identified in Exhibit A shall hereinafter be
referred to as the"burdened property."
The easement shall be for the benefit of the property described in Exhibit B. The
property in Exhibit B shall hereinafter be referred to as the"benefitted property."
The easement shall be eighty (80) feet in width and is intended to allow Grantee to use
the burdened property for all types of ingress and egress, including, but not limited to,
commercial, industrial, personal, residential, and recreational. In addition, the easement is
intended to allow Grantee to use the burdened property for installation and maintenance of all
utilities, including, but not limited to, water, sewer, power (electrical transmission), telephone,
and fiber optic lines.
Grantor hereby acknowledges that Grantee is contemplating development of the
benefitted property and that future development may require a dedication of the easement to
Douglas County. Grantor hereby acknowledges and agrees that as part of this grant it shall take
the steps necessary to effectuate a dedication of the easement to Douglas County at such time as
EASEMENT-2
C Vh .menu and Servings teatT011 LOCO Servings Temporary Intemet Files OIA67 Fasement.duc
it chooses, or at such time that Grantee initiates development of Grantee's property, whichever
occurs first.
Grantor and Grantee hereby acknowledge that location of the easement has yet to be
determined and further acknowledge and agree that they will mutually agree at a later date on the
easement's location. The parties acknowledge that their intent is to locate the easement in close
proximity to the "Old Boundary" as identified in Exhibit C attached hereto. If Grantor and
Grantee are unable to reach an agreement on where to locate the easement described herein, the.
Douglas County Superior Court shall decide as a judicial question what is the most reasonable
and convenient location for the easement.
The rights and obligations of the parties hereto shall inure to the benefit of and be finding
upon their respective successors and assigns.
Executed as of the date hereinabove set forth.
Grantor: Grantee:
Western Sunset LLC, a Washington
Limited Liability Company
JL:=, �,�—
By: an Vickery, Marizo Ryaa,,Vickery
u
Tennille Vickery
EASEMENT-3
C:Oucumcnts and Settings tcarzoll Local Settings Temporary Internet Files OLK67 Emement.d"
STATE OF WASHINGTON )
` ) ss.
COUNTY OF �l(�1'l)
I certify that I know or have satisfactory evidence that RYAN S. VICKERY, 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
Manager of the WESTERN SUNSET, LLC, a Washington limited liability company, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this day of September, 2009.
�� GARRO �►►�►i
r�;ocARy F,�%, �, Print Name: L �Y U I
c . •" = Z % Notary Public in and for th State of
.,v Bpi
Pus�r,�'L= = Washington, residing at =�
N,,� ,18.2b', ���'_ My commission expires -5 a
OF
STATE OF WASHINGTON )
COUNTY Ok, ) ss.)
On this day personally appeared before me RYAN S. VICKERY and TENNILLE A.
VICKERY, husband and wife, to me known to be the individuals described in and who executed
the within and foregoing instrument, and acknowledged that they signed the same as their free
and voluntary act and deed, for the uses and purposes therein mentioned.
DATED this��day of September, 2009.
Fn'
I
L_a, .
����GPRRp� ►►►►► r
Print Name:
�;pA EXp�III
Notary Public m and for t e at of
Q -;,5 '��' �,
i ;(ARy �, Washington, residing at
z �
o
My commission expires
2=
EASEMENT-4
C:Documents and Settings tcaeroll Local Settings"rempormy Internet Files OLK67 Eascment.doc
AMENDMENT NO. 1
EXHIBIT "A"
THAT PORTION OF TRACT A, WHICH SAID TRACT A IS THAT PORTION OF SECTION 9, TOWNSHIP
22 NORTH, RANGE 21 EAST OF THE WILLAMETTE MERIDIAN, AS SET FORTH, DESCRIBED AND
IDENTIFIED TRACT A UPON THAT CERTAIN PLAT OF SURVEY RECORDED IN BOOK 22-21 AT PAGE
166 UNDER AUDITOR'S FILE NO. 283723, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT A, THENCE NORTH 89`-29'23"EAST
ALONG THE NORTH LINE THEREOF 1859.72 FEET; THENCE LEAVING SAID NORTH LINE SOUTH
00°00'00" EAST 332.30 FEET; THENCE SOUTH 30°00'00"EAST 438.20 FEET; THENCE SOUTH
48"00'00" EAST 1695.24 FEET; THENCE SOUTH 85000'00" EAST 1076.92 FEET; THENCE SOUTH
00"00'00" EAST 220.00 FEET; THENCE NORTH 90000'00"WEST 158.69 FEET; THENCE SOUTH
00"00'00" EAST 880.00 FEET; THENCE SOUTH 61°11'07"WEST 1750.94 FEET; THENCE SOUTH
00"23'55" EAST 157.05 FEET; THENCE NORTH 90"00'00"WEST 1028.45 FEET TO THE WEST LINE
OF SAID TRACT A; THENCE ALONG THE WEST AND SOUTHERLY LINE OF SAID TRACT AS
FOLLOWS:
NORTH 00"14'54"WEST 430.00 FEET; THENCE SOUTH 89031'14"WEST 436.10 FEET; THENCE
NORTH 51"25'52"WEST 121.00 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID TRACT A
NORTH 20012'01" EAST 528.38 FEET; THENCE NORTH 00000'00"EAST 800.00 FEET; THENCE
NORTH 03"21'51"WEST 1215.20 FEET; THENCE NORTH 90100'00"WEST 585.12 FEET; THENCE
NORTH 65`00'00"WEST 500.00 FEET; THENCE NORTH 26°00'00"WEST 518.38 FEET TO THE WEST
LINE OF TRACT A; THENCE NORTH 00046'07"WEST ALONG SAID WEST LINE 336.42 FEET; TO THE
POINT OF BEGINNING,
EXCEPT THAT PORTION LYING NORTH OF A LINE 1975.00 FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF SAID SECTION 9, AND WESTERLY OF THE FOLLOWING DESCRIBED LINE:
New Legal Descriptions: EXHIBIT "B"
Parcel A:
That Portion of Tract A,which said Tract A is that portion of Section 9,Township 22
North, Range 21 East of the Willamette Meridian, Douglas County, Washington, as set
forth,described and identified Tract A upon that certain plat of survey recorded in Book
22-21 at page 166 under Auditor's File No. 283723, records of said county, described as
follows:
BEGINNING at the Northwest corner of said Tract A,thence North 89' 29'23" East along
the North line thereof 1859.72 feet;thence leaving said North line South 00'00'00" East
332.30 feet thence south 30'00' 00" East 438.20 feet;thence South 48'00'00" East
1695.24 feet;thence South 85'00'00" East 1076.92 feet; thence South 00'00'00" East
220.00 feet; thence North 90'00'00" West 158.69 feet; thence South 00'00'00" East 880
feet;thence South 61'11'07"West 1750.94 feet;thence South 00'23'55" East 157.05
thence North 90'00'00"West 1028.45 feet to the West line of said Tract A;thence along
the West and Southerly Line of said Tract A as follows:
North 00'14'54" West 430.00 feet;thence South 89'31'14" West 436.10 feet;thence
North 51' 25'52" West 121.00 feet; thence leaving the Southerly line of said Tract A
North 20'12'01" East 528.38 feet;thence North 00'00'00" East 800 feet;thence North
D3'21'51"West 1215.20 feet;thence North 90' 00'00"West 585.12 feet;thence North
65'00'00"West 500.00 feet;thence North 26'00'00"West 518.38 feet to the West line
of Tract A;thence North 00'46'07"West along said West line 336.42 feet to the Point of
Beginning, .
Except that portion lying South of a line 1975.00 feet North of and parallel to the South
Line of said Section 9.
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
081/10/2009 BLA Page: 1 of 11 $72.00 RYAN VICKERY
X
Return document to: Permit Coordinator C'.1
Douglas County TLS AFFT.
140 19"Street NW Suite A MARY E.DOD(JE
East Wenatchee,WA 98802 TREASURER,DOUGLASCOW"
TER LL W
PT
THIS BOUNDARY LINE ADJUSTMENT AMENDS, REPLACES & CORRECTS THAT
CERTAIN BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER AFN: 3116850
DECLARATION RE: BOUNDARY LINE ADJUSTMENTS
This Declaration is for the purpose of adjusting a boundary between the properties below.
Boundary adjustments are processed as a courtesy to assist property owners in preparing
information to be used to change boundaries of their properties. Douglas County provides no
legal warranties. The boundary adjustment is not considered complete until all signatures are
obtained, the boundary adjustment form is recorded AND deeds transferring title to the
properties involved are executed and recorded. You should consult an attorney or title company
for information on preparing and executing deeds.
PROPERTY INFORMATION
Lot 1 Lot 2
PROPERTY OWNER PROPERTY OWNER
Name Name
Ryan S. and Tennille A. Vickery Western Sunset LLC
Address Address
1300 Webb Place Same
East Wenatchee, WA 98802
Daytime Phone Daytime Phone
509-669-6655 509-669-6655
Note: Ail persons or companies holding a financial interest in the property must be
listed, i.e., banks, personal contract holders, etc.
Name Name
Address Address
Parcel#22210930006 Parcel#22210930014
Present Lot size: 189.26 Ac, Present Lot size: 8.78 Ac.
Proposed Lot size: 170.46 Ac. Proposed Lot size: 27.58 Ac.
Section 9 Township 22 Range 21
Page 1 of i
I
Thad L. Duvall; Auditor, Douglas County, WA, AFN # 3136981 Recorded 10:02 AM
08/10/2009 Page: 2 of 11
DECLARATION
Each of the undersigned does hereby declare and acknowledge that Douglas County
provides no representation that:
■ Properties have legal access;
• Applicants are able to obtain permits necessary for development and
construction, including without limitation land divisions, conditional uses,
variances, health permits, building permits;
• Easements, and subsurface utilities and features have not been affected by the
adjustment;
• The proposed legal descriptions are sufficient and accurate;
■ Critical areas may impact properties involved;
(' ■ The boundary adjustment is allowed/prohibited by covenants or law.
I
DISCLAIMER
Since a boundary line adjustment is exempt from the procedural requirements of RCW
58.17, Douglas County assumes no liability in any action which may arise as a result of this
boundary line adjustment. The owners of the properties represented herein, their successors
and/or assigns, do hereby acknowledge and agree that the County is not liable in any action
arising out of this matter and agree to indemnify, defend and hold Douglas County harmless
from any and all claims, lawsuits and other actions.
Pro Owner Lot Property Owner Lot,2
Same
Ile
Signature of Owners-Represen tive Signature of Owners -Representa ' e
i Ryan &Tennille Vickery Ryan Vickery, Managing Partner
Print or Type Name and Title Print or Type Name and Title
i
STATE OF WASHINGTON )
ss.
COUNTY OF )
i -
I certify that I know or have satisfactory evidence that -le yi i
signed this instrument and acknowledged it to be his/her/their free and voluntary act and deed J
for the uses and purposes mentioned in the instrument.
i
DATED thisay of �(� RIA
I `
I o By:
N tary Public rAillng at
KRWK K My Appointment Expires: R
EM AppWnfnwM E4*ft Sep 20.2009
Page 2 of I I
Thad L. Duvall, Auditor, Douglas County, WA. AF'N # 3136981 Recorded 10:02 AM
06/10/2009 Page: 3 of 11
STATE OF WASHINGTON )
) ss.
COUNTY OF )
certify that I know or have satisfac evidence that
signed this instrument and acknowledged it to be
his/her/their free and voluntary ac d deed for the uses and purposes mentioned in the
instrument.
DATED this day of
[Nota eal] By:
Notary Public residing at
My Appointment Expires:
CERTIFICATE OF LICENSED SURVEYOR
The undersigned certifies that he/she is a professional land surveyor licensed to
p ice in the to of W hington and that he/she has prepared the site plan and the
egal sc i ion of ne y configured lots.
Date: —E 14 109/-
i ture
Print Name: buAJ I�e.adAu
Telephone: 4
[Affix License Seal Here]
Page 3 of 1 I
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08/10/2009 Page: 4 of 11
This Declaration has no legal effect until processed by each of the following
Douglas County Officials. Submit in order.
Step 1. Submit to Douglas County Assessor's Office.
DOUGLAS COUNTY ASSESSOR
• Parcel#s match with owner records.
• Current use and open space classification issues are addressed.
Processed By: Dater
Step 2. Submit to Douglas County Treasurer's Office
DOUGLAS COUNTY TREASURER
• Tax payments are paid in full on all parcels involved until
Processed By:, 1 � Date: I V-:D)In
Step 3. Submit to the Douglas Co. Dept. of Transportation & Land Services
DOUGLAS COUNTY TRANSPORTATION AND LAND SERVICES
• No additional parcels are created nor will the resulting parcels be inconsistent
with standards of Douglas County Code titles 17& 18, the provisions of RCW
58.17 or any court order.
• No nonconformities with development regulations are created (size, dimensions,
layout, setbacks, etc).
• Plat conditions ar not affected by the boundary adjustment.
Processed By: Date: 61(aloy
Page 4 of I
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08./10/2009 Page: 5 of 11
SITE PLAN
Attach a scaled drawing (labeled Exhibit A)prepared by a licensed professional land
surveyor that discloses the location of the present and proposed property boundaries,
location of all buildings, water lines, septic systems, easements, streets, etc.
See Attachment
LEGAL DESCRIPTIONS
Include legal descriptions of the current lot configuration, and legal descriptions of newly
configured lots prepared by a licensed professional land surveyor.
Current Lot 1:
See attached 'A'
Current Lot 2:
See attached 'B'
New Lot 1:
See attached'C'
New Lot 2:
See attached 'D'
i
Page 5 of 0
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08./10/2009 Page: 6 of 11
BOUNDARY ADJUSTMENT
LEGAL DESCRIPTIONS
FOR
RYAN VICKERY AND WESTERN SUNSET,LLC
,Existing Legal Descriptions:
Parcel A:
That Portion of Tract A,which said Tract A is that portion of Section 9,Township 22
North,Range 21 East of the Willamette Meridian, Douglas County,Washington,as set
forth,described and identified Tract A upon that certain plat of survey recorded in Book
22-21 at page 166 under Auditor's File No. 283723,records of said county, described as
follows:
BEGINNING at the Northwest corner of said Tract A,thence North 89'29' 23"East
along the North line thereof 1859.72 feet; thence leaving said North line South 00'00'00"
East 332.30 feet thence south 30'00' 00"East 438.20 feet;thence South 48'00'00"East
1695.24 feet;thence South 85'00'00"East 1076.92 feet;thence South 00'00'00"East
220.00 feet;thence North 90'00'00"West 158.69 feet;thence South 00'00'00"East 880
feet;thence South 6111'07"West 1750.94 feet;thence South 00'23'55"East 157.05
thence North 90'00'00"West 1028.45 feet to the West line of said Tract A;thence along
the West and Southerly Line of said Tract A as follows:
North 00'14154"West 430.00 feet;thence South 89'31'14"West 436.10 feet;thence
North 51'25'52"West 121.00 feet; thence leaving the Southerly line of said Tract A
North 20'12'01"East 528.38 feet;thence North 00'00'00"East 800 feet; thence North
03'21'51"West 1215.20 feet; thence North 90' 00'00"West 585.12 feet;thence North
65'00'00"West 500.00 feet;thence North 26'00'00" West 519.38 feet to the West line of
Tract A; thence North 00'46'07"West along said West line 336.42 feet to the Point of
Beginning.
Except that portion lying South of a line 1975.00 feet North of and parallel to the South
Line of said section 9,and easterly of the following described line:
Commencing at the intersection of a line 1975.00 feet North of and parallel to the South
Line of said section 9,with the easterly boundary of the above described Tract A;thence
S 61°11'06"W, 1214.84 feet to the TRUE POINT OF BEGINNING;thence N
00023'55"W,65.09 feet to the beginning a curve to the left,having a radius of 140 feet;
thence along the arc of said curve,through a central angle of 36°32'43",an arc distance
of 89.30 feet;thence N 36°56'37"W,356.65 feet to the beginning of a curve to the right,
having a radius of 60 feet;thence along the are of said curve,through a central angle of
36*3 IT I",an arc distance of 38.24 feet;thence N 00125'36"W, 105.54 feet to said line
1975.00 feet North of and parallel to the South Line of said section 9,and the northerly
terminus of said line.
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
0�/10/2009 Page: 7 of 11
Parcel B:
That Portion of Tract A,which said Tract A is that portion of Section 9,Township 22
North,Range 21 East of the Willamette Meridian,Douglas County,Washington,as set
forth,described and identified Tract A upon that certain plat of survey recorded in Book
22-21 at page 166 under Auditor's File No. 283723,records of said county,described as
follows:
BEGINNING at the Northwest corner of said Tract A,thence North 89'29' 23"East
along the North line thereof 1859.72 feet;thence leaving said North line South 00'00'00"
East 332.30 feet thence South 30'00' 00"East 438.20 feet;thence South 48'00'00"East
1695.24 feet;thence South 85'00'00"East 1076.92 feet;thence South 00'00'00"East
220.00 feet;thence North 90'00'00"West 158.69 feet;thence South 00'00'00"East 880
feet;thence South 61'11'07"West 1750.94 feet;thence South 00'23'55"East 157.05
thence North 90'00'00"West 1028.45 feet to the West line of said Tract A;thence along
the West and Southerly Line of said Tract A as follows:
North 00'14'54"West 430.00 feet;thence South 89'31'14" West 436.10 feet;thence
North 51'25'52"West 121.00 feet;thence leaving the Southerly line of said Tract A
North 20'12'01" East 528.38 feet;thence North 00'00'00"East 800 feet;thence North
03'21'51"West 1215.20 feet; thence North 90'00'00"West 585.12 feet;thence North
65'00'00"West 500.00 feet;thence North 26'00'00"West 518.38 feet to the West line of
Tract A; thence North 00'46'07"West along said West line 336.42 feet to the Point of
Beginning.
Except that portion lying North of a line 1975,00 feet North of and parallel to the South
Line of said section 9, and westerly of the following described line:
Commencing at the intersection of a line 1975.00 feet North of and parallel to the South
Line of said section 9, with the easterly boundary of the above described Tract A;thence
S 610 1 P06"W, 1214.84 feet to the TRUE POINT OF BEGINNING;thence N
00023'55"W,65.09 feet to the beginning a curve to the left,having a radius of 140 feet;
thence along the arc of said curve,through a central angle of 36°32'43", an arc distance
of 89.30 feet; thence N 36°56'37"W, 356.65 feet to the beginning of a curve to the right,
having a radius of 60 feet; thence along the arc of said curve,through a central angle of
369 V01",an arc distance of 38.24 feet;thence N 00°25'36"W, 105.54 feet to said line
1975.00 feet North of and parallel to the South Line of said section 9,and the northerly
terminus of said line.
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08,/10/2009 Page: 8 of 11
New Legal Descriptions:
Parcel A:
That Portion of Tract A,which said Tract A is that portion of Section 9,Township 22
North, Range 21 East of the Willamette Meridian, Douglas County, Washington, as set
forth,described and identified Tract A upon that certain plat of survey recorded in Book
22.21 at page 166 under Auditor's File No. 283723, records of said county,described as
follows:
BEGINNING at the Northwest corner of said Tract A,thence North 89' 29'23"East along
the North line thereof 1859.72 feet;thence leaving said North line South 00'00'00"East
332.30 feet thence south 30'00'00"East 438.20 feet;thence South 48'00'00"East
1695.24 feet;thence South 85'00'00" East 1076.92 feet;thence South 00'00'00"East
220.00 feet;thence North 90'00'00" West 158.69 feet; thence South 00'00'00" East 880
feet;thence South 61'11'07"West 1750.94 feet;thence South 00'23'55" East 157.05
thence North 90'00'00"West 1028.45 feet to the West line of said Tract A;thence along
the West and Southerly Line of said Tract A as follows:
North 00'14'54"West 430.00 feet;thence South 89'31'14"West 436.10 feet;thence
North 51'25'52"West 121.00 feet;thence leaving the Southerly line of said Tract A
North 20'12'01"East 528.38 feet;thence North 00'00'00"East 800 feet;thence North
03'21'51"West 1215.20 feet;thence North 90'00'00"West 585.12 feet;thence North
65'00'00"West 500.00 feet;thence North 26'00'00"West 518.38 feet to the West line
of Tract A; thence North 00'46'07"West along said West line 336.42 feet to the Point of
Beginning.
Except that portion lying South of a line 1975.00 feet North of and parallel to the South
Line of said Section 9.
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08./10/2009 Page: 9 of 11
Parcel 13:
That Portion of Tract A,which said Tract A is that portion of Section 9,Township 22
North,Range 21 East of the Willamette Meridian,Douglas County,Washington, as set
forth, described and identified Tract A upon that certain plat of survey recorded in Book
22-21 at page 166 under Auditor's File No.283723,records of said county,described as
follows:
BEGINNING at the Northwest corner of said Tract A,thence North 89'29'23" East along
the North line thereof 1859.72 feet;thence leaving said North line South 00'00'00" East
332.30 feet thence South 30'00'00"East 438.20 feet;thence South 48'00'00"East
1695.24 feet;thence South 85'OQ'00" East 1076.92 feet;thence South 00'00'00"East
220.00 feet;thence North 90'00'00"West 158.69 feet;thence South 00'00'00" East 880
feet;thence South 61'11'07"West 1750.94 feet;thence South 00'23'55" East 157.05 i
thence North 90'00'00"West 1028.45 feet to the West line of said Tract A,thence along
the West and Southerly Line of said Tract A as follows:
North 00'14'54"West 430.00 feet;thence South 89'31'14" West 436.10 feet;thence
North 51'25'52"West 121.00 feet;thence leaving the Southerly line of said Tract A
North 20'12'01" East 528.38 feet;thence North 00'00'00"East 800 feet;thence North
03'21'51"West 1215.20 feet;thence North 90'00'00"West 585.12 feet;thence North
65'00'00"West 500.00 feet;thence North 26'00'00"West 518.38 feet to the West line '
of Tract A;thence North 00'46'07"West along said West line 336.42 feet to the Point of
Beginning.
Except that portion lying North of a line 1975.00 feet North of and parallel to the South
Line of said Section 9.
?Ale, .� is
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08/10/2009 Page: 10 of 11
BOUNDARY ADJUSTMENT
FOR
WESTERN SUNSET, LLC
DOUGLAS COUNTY APN NOS. 22210930014 AND 22210930006
' N 892923'E 60'RECIPROCAL EASEMENT N 89'46'27"E '
5 ' 4 2651.84 RECORDED UNDER AF.N. 173181 26J0.57' 4 1 3
t 59.7? 791.86' 4
S 00,00'00' -
8,+' 9 JJ2 JO'
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)IUTIES RECORDE Sl0'00'00"E EGRESS AND UnLIr1ES
UNDER A.F.N. J061285 4J8.20 RECORDED IN BOOK J90. PA ?, i
20'EASfMfN r RECORDED
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UNDER A.F.N. I372I8 i
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+: Li JO'PONER DISTR/BU7/0N
' - ,`_� •` i• - i N LINE EASEMENT, N9000 00"W
=-----
UNDER;A F N�. 8 158.69'
RECORDED
JJ8
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NEW BOUNDARY,
h rti S 89704" W A S"U1'09"w 610
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10 i CIO RESERVED EASEMENT R/GNr5 Iv b M
+. FOR INGRESS, EGRESS AND
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AfRPORT GRANT ROAD
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SCALE 1"=1000'
AREA SUMMARY 0 500 1000 2000 3000
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EP LAYOUT:BLA0813DB
FILE U BLA081008000' JOB NO:20072025
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08,/10/2009 Page: 11 of 11
BOUNDARY ADJUSTMENT
FOR
WESTERN SUNSET, LLC
DOUGLAS COUNTY APN NOS. 22210930014 AND 22210930006
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DATE:011=6 FILE NO:SLA{2)081308
SCALE: I'-AW JOB NO:20072025
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Attachment B
Site Plan and Improvements
Site Plan
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Improvements
Landlord shall construct an access road approximately 2,500 feet in length and 20 feet in width.
The road will be covered with 2 inches of crushed rock, watered and compacted with a roller.
Landlord will construct a race track according to the specifications of the USSBA. Landlord
warrants the structural soundness of the race track against significant water loss due to defects
in workmanship.
Landlord shall construct two fences around the race track.
The first fence will be the main safety fence that will be 2200' in length setback 100' from the
track. This fence will be 8' tall 9 gauge chain link fencing that will have cable reinforcing the
top and bottom of the fence.
The second fence will be used to keep the spectators back from the safety fence. This fence will
be setback 10 feet from the safety fence and consist of 5' long 3-4"treated round posts placed
every 10 feet with 3 individual wires spaced every foot from the top down.
EASEMENT
This easement agreement is made this 1st day of September, 2009, between Western
Sunset LLC, a Washington limited liability company ("Grantor") and Ryan S. Vickery and
Tennille A. Vickery, husband and wife ("Grantee").
In consideration of S 10.00 and other good and valuable consideration, receipt of which is
hereby acknowledged, Grantor hereby grants to Grantee, their successors, and assigns the
following easement:
A perpetual, appurtenant, non-exclusive easement over, under, across and through the
property described in Exhibit A. The property identified in Exhibit A shall hereinafter be
referred to as the "burdened property."
The easement shall be for the benefit of the property described in Exhibit B, The
property in Exhibit B shall hereinafter be referred to as the "benefitted property."
The easement shall be eighty (80) feet in width and is intended to allow Grantee to use
the burdened property for all types of ingress and egress, including, but not limited to,
commercial, industrial, personal, residential, and recreational. In addition, the easement is
intended to allow Grantee to use the burdened property for installation and maintenance of all
utilities, including, but not limited to, water, sewer, power (electrical transmission), telephone,
and fiber optic lines.
Grantor hereby acknowledges that Grantee is contemplating development of the
benefitted property and that fixture development may require a dedication of the easement to
Douglas County, Grantor hereby acknowledges and agrees that as part of this grant it shall take
the steps necessary to effectuate a dedication of the easement to Douglas County at such time as
EASEMENT-2
it chooses, or at such time that Grantee initiates development of Grantee's property, whichever
occurs first.
Grantor and Grantee hereby acknowledge that location of the easement has yet to be
determined and further acknowledge and agree that they will mutually agree at a later date on the
easement's location. The parties acknowledge that their intent is to locate the easement in close
proximity to the "Old Boundary" as identified in Exhibit C attached hereto. If Grantor and
Grantee are unable to reach an agreement on where to locate the easement described herein, the
Douglas County Superior Court shall decide as a judicial question what is the most reasonable
and convenient location for the easement.
The rights and obligations of the parties hereto shall inure to the benefit of and be finding
upon their respective successors and assigns.
Executed as of the date hereinabove set forth.
Grantor: Grantee:
Western Sunset LLC, a Washington
Limited Liability Company
1
By: an Vickery, Man Rya ickery
u
Tennille Vickery
EASEMENT - 3
STATE OF WASHINGTON )
) ss.
COUNTY OF
I certify that I know or have satisfactory evidence that RYAN S. VICKERY, 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
Manager of the WESTERN SUNSET, LLC, a Washington limited liability company, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this r� ' day of September, 2009.
1
GARR( III�/JJ/
P y`00 Exp��ryr,� AAJI:01��'c
CSARy Fir''•, i Print Name: L 1 Y C? 1
_ • " o ; Notary Public in and for the State of
ous\", V-0 = Washington, residing at E&I
W \_ My commission expires oF .b �a
STATE OF WASHINGTON )
) ss.
COUNTY Ofchacun )
On this day personally appeared before me RYAN S. VICKERY and TENNILLE A.
VICKERY, husband and wife, to me known to be the individuals described in and who executed
the within and foregoing instrument, and acknowledged that they signed the same as their free
and voluntary act and deed, for the uses and purposes therein mentioned.
DATED this day of September, 2009.
I
RR„1I�tiJi
G, , O� 'till Print Name: Y
y
Notar Public in and forte tat of
�_40QSARy `�s',, Washington, residing at
o % My commission expires
10 s ti
OF
EASEMENT-4
AMENDMENT NO. 1
EXHIBIT "A"
THAT PORTION OF TRACT A, WHICH SAID TRACT A IS THAT PORTION OF SECTION 9, TOWNSHIP
22 NORTH, RANGE 21 EAST OF THE WILLAMETTE MERIDIAN, AS SET FORTH, DESCRIBED AND
IDENTIFIED TRACT A UPON THAT CERTAIN PLAT OF SURVEY RECORDED IN BOOK 22-21 AT PAGE
166 UNDER AUDITOR'S FILE NO. 283723, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT A, THENCE NORTH 89`.29'23" EAST
ALONG THE NORTH LINE THEREOF 1859.72 FEET; THENCE LEAVING SAID NORTH LINE SOUTH
00�00'00" EAST 332.30 FEET; THENCE SOUTH 30r00'00" EAST 438.20 FEET; THENCE SOUTH
48"00'00" EAST 1695.24 FEET; THENCE SOUTH 85°00'00" EAST 1076.92 FEET; THENCE SOUTH
00"00'00" EAST 220.00 FEET; THENCE NORTH 90000'00" WEST 158.69 FEET; THENCE SOUTH
00"00'00" EAST 880.00 FEET; THENCE SOUTH 61"11'07" WEST 1750.94 FEET; THENCE SOUTH
00023'55" EAST 157.05 FEET; THENCE NORTH 90"00'00"WEST 1028.45 FEET TO THE WEST LINE
OF SAID TRACT A; THENCE ALONG THE WEST AND SOUTHERLY LINE OF SAID TRACT AS
FOLLOWS:
NORTH 00"14'54" WEST 430.00 FEET; THENCE SOUTH 89031'14"WEST 436.10 FEET; THENCE
NORTH 51"25'52" WEST 121.00 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID TRACT A
NORTH 2W12'01" EAST 528.38 FEET; THENCE NORTH 00"00'00" EAST 800.00 FEET; THENCE
NORTH 03"21'51" WEST 1215.20 FEET; THENCE NORTH 90000'00" WEST 585.12 FEET; THENCE
NORTH 65`00'00" WEST 500.00 FEET; THENCE NORTH 26"00'00" WEST 518.38 FEET TO THE WEST
LINE OF TRACT A; THENCE NORTH 00046'07" WEST ALONG SAID WEST LINE 336.42 FEET; TO THE
POINT OF BEGINNING,
EXCEPT THAT PORTION LYING NORTH OF A LINE 1975.00 FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF SAID SECTION 9, AND WESTERLY OF THE FOLLOWING DESCRIBED LINE:
New Legal Descriptions: EXHIBIT "B"
Parcel A.
That Portion of Tract A, which said Tract A is that portion of Section 9,Township 22
North, Range 21 East of the Willamette Meridian, Douglas County, Washington, as set
forth, described and identified Tract A upon that certain plat of survey recorded in Book
22-21 at page 166 under Auditor's File No, 283723, records of said county, described as
follows:
BEGINNING at the Northwest corner of said Tract A, thence North 89' 29' 23" East along
the North line thereof 1859.72 feet; thence leaving said North line South 00'00'00" East
332.30 feet thence south 30'00' 00" East 438.20 feet; thence South 48' 00'00" East
1695.24 feet;thence South 85'00'00" East 1076.92 feet; thence South 00'00'00" East
220.00 feet; thence North 90'00'00" West 158,69 feet; thence South 00'00'00" East 880
feet; thence South 61'11'07" West 1750.94 feet; thence South 00'23'55" East 157.05
thence North 90'00'00" West 1028,45 feet to the West line of said Tract A; thence along
the West and Southerly Line of said Tract A as follows,
North 00'14'54" West 430,00 feet;thence South 89'31'14" West 436.10 feet;thence
North 51' 25'52" West 121,00 feet; thence leaving the Southerly line of said Tract A
North 20'12'01" East 528.38 feet; thence North 00'00'00" East 800 feet;thence North
03'21'51" West 1215.20 feet;thence North 90' 00'00" West 585.12 feet;thence North
65'00'00" West 500.00 feet; thence North 26'00'00" West 518.38 feet to the West line
of Tract A; thence North 00'46'07" West along said West line 336.42 feet to the Point of
Beginning.
Except that portion lying South of a line 1975.00 feet North of and parallel to the South
Line of said Section 9,
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08,/10/2009 BLA Page: 1 of 11 $72. 00 RYAN VICKERY
X
Return document to: Permit Coordinator
Douglas County TLS AFFT.#
140 19th Street NW Suite A MARY E. DODOE
East Wenatchee,WA 98802 TREASURER DOUGLASOOUf�il1Y
W TEA
PT
THIS BOUNDARY LINE ADJUSTMENT AMENDS, REPLACES & CORRECTS THAT
CERTAIN BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER AFN: 3116850
DECLARATION RE: BOUNDARY LINE ADJUSTMENTS
This Declaration is for the purpose of adjusting a boundary between the properties below.
Boundary adjustments are processed as a courtesy to assist property owners in preparing
information to be used to change boundaries of their properties. Douglas County provides no
legal warranties. The boundary adjustment is not considered complete until all signatures are
obtained, the boundary adjustment form is recorded AND deeds transferring title to the
properties involved are executed and recorded. You should consult an attorney or title company
for information on preparing and executing deeds.
PROPERTY INFORMATION
Lott Lott
PROPERTY OWNER PROPERTY OWNER
Name Name
Ryan S. and Tennille A. Vickery Western Sunset LLC
Address Address
1300 Webb Place Same
East Wenatchee, WA 98802
Daytime Phone Daytime Phone
509-669-6655 509-669-6655
Note: All persons or companies holding a financial interest in the property must be
listed, i.e., banks, personal contract holders, etc.
Name Name
Address Address
Parcel# 22210930006 Parcel # 22210930014
Present Lot size: 189.26 Ac. Present Lot size: 8.78 Ac.
Proposed Lot size: 170.46 Ac. Proposed Lot size: 27.58 Ac.
Section 9 Township 22 Range 21
Page 1 of I
I
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08/10/2009 Page: 2 of 11
DECLARATION
Each of the undersigned does hereby declare and acknowledge that Douglas County
provides no representation that:
■ Properties have legal access;
• Applicants are able to obtain permits necessary for development and
construction, including without limitation land divisions, conditional uses,
variances, health permits, building permits;
• Easements, and subsurface utilities and features have not been affected by the
adjustment;
• The proposed legal descriptions are sufficient and accurate;
jz Critical areas may impact properties involved;
■ The boundary adjustment is allowed/prohibited by covenants or law.
DISCLAIMER
Since a boundary line adjustment is exempt from the procedural requirements of RCW
58.17, Douglas County assumes no liability in any action which may arise as a result of this
boundary line adjustment. The owners of the properties represented herein, their successors
and/or assigns, do hereby acknowledge and agree that the County is not liable in any action
arising out of this matter and agree to indemnify, defend and hold Douglas County harmless
from any and all claims, lawsuits and other actions.
Pro Owner Lot Property Owner Lot 2
�.
I Same
lzl�4' 24
Signature of Owners-Represen tive Signature of Owners - Representa ' e
Ryan &Tennille Vickery Ryan Vickery, Managing Partner
i
Print or Type Name and Title Print or Type Name and Title
STATE OF WASHINGTON )
) 5S.
COUNTY OF C4gL lax-) )
I certify that I know or have satisfactory evidence thatL
signed this instrument and acknowledged it to be his/her/their free and voluntary act and deed
for the uses and purposes mentioned in the instrument.
i
DATED this ay of
o By:
N'Y N tary Public resialng at
i � KKof HANM My Appointment Expires: Qkq
My Appow*nwo EVION Sep 20. =9
Page 2 of I I
i
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08/10/2009 Page: 3 of 11
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfact evidence that
signed this instrument and acknowledged it to be
his/her/their free and voluntary ac d deed for the uses and purposes mentioned in the
instrument.
DATED this day of
[Nota eal] By:
Notary Public residing at
My Appointment Expires:
CERTIFICATE OF LICENSED SURVEYOR
The undersigned certifies that he/she is a professional land surveyor licensed to
Wre (----""
hington and that he/she has prepared the site plan and the
onfigured lots.
Date: 9 D/
Print Name: T)ukii .r'a(s�
Telephone: �5N tr4 a �l
[Affix License Seal Here]
Page 3 of I I
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08,/10/2009 Page: 4 of 11
This Declaration has no legal effect until processed by each of the following
Douglas County Officials. Submit in order.
Step 1. Submit to Douglas County Assessor's Office.
DOUGLAS COUNTY ASSESSOR
• Parcel#s match with owner records.
• Current use and open space classification issues are addressed.
Processed Sy: Date: eV
Step 2. Submit to Douglas County Treasurer's Office
DOUGLAS COUNTY TREASURER
• Tax payments are paid in full on all parcels involved until
Processed By: Q� Date: La
Step 3. Submit to the Douglas Co. Dept. of Transportation & Land Services
DOUGLAS COUNTY TRANSPORTATION AND LAND SERVICES
• No additional parcels are created nor will the resulting parcels be inconsistent
with standards of Douglas County Code titles 17& 18, the provisions of RCW
58.17 or any court order.
• No nonconformities with development regulations are created (size, dimensions,
layout, setbacks, etc).
• Plat conditions ar not affected by the boundary adjustment.
Processed By: Date: (94 y9
Page 4of li
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08./10/2009 Page: 6 of 11
BOUNDARY ADJUSTMENT
LEGAL DESCRIPTIONS
FOR
RYAN VICKERY AND WESTERN SUNSET,LLC
Existing Legal Descriptions:
Parcel A:
That Portion of Tract A, which said Tract A is that portion of Section 9,Township 22
North, Range 21 East of the Willamette Meridian, Douglas County, Washington, as set
forth, described and identified Tract A upon that certain plat of survey recorded in Book
22-21 at page 166 under Auditor's File No. 283723, records of said county, described as
follows:
BEGINNING at the Northwest comer of said Tract A,thence North 89° 29' 23"East
along the North line thereof 1859.72 feet; thence leaving said North line South 00'00'00"
East 332.30 feet thence south 30'00' 00"East 439.20 feet; thence South 49' 00'00" East
1695.24 feet; thence South 85'00'00" East 1076.92 feet; thence South 00°00'00" East
220.00 feet; thence North 90°00'00" West 159.69 feet; thence South 00°00'00" East 880
feet; thence South 61°11'07" West 1750.94 feet; thence South 00°23'55"East 157.05
thence North 90'00'00" West 1028.45 feet to the West line of said Tract A; thence along
the West and Southerly Line of said Tract A as follows:
North 00°14'54" West 430.00 feet;thence South 89*31'14"West 436.10 feet;thence
North 51' 25'52" West 121.00 feet; thence leaving the Southerly line of said Tract A
North 20°12'01"East 528.38 feet; thence North 00'00'00" East 900 feet; thence North
03'21'51" West 1215.20 feet; thence North 90° 00'00" West 585.12 feet; thence North
65'00'00" West 500.00 feet;thence North 26°00'00" West 518.38 feet to the West line of
Tract A; thence North 00'46'07" West along said West line 336.42 feet to the Point of
Beginning.
Except that portion lying South of a line 1975.00 feet North of and parallel to the South
Line of said section 9, and easterly of the following described line:
Commencing at the intersection of a line 1975.00 feet North of and parallel to the South
Line of said section 9, with the easterly boundary of the above described Tract A; thence
S 61011'06"W, 1214.84 feet to the TRUE POINT OF BEGINNING;thence N
00023'55"W, 65.09 feet to the beginning a curve to the left, having a radius of 140 feet;
thence along the arc of said curve, through a central angle of 36°32'43", an arc distance
of 89.30 feet; thence N 36°56'37"W, 356.65 feet to the beginning of a curve to the right,
having a radius of 60 feet;thence along the arc of said curve,through a central angle of
36031'01", an are distance of 38.24 feet; thence N 00°25136"W, 105.54 feet to said line
1975.00 feet North of and parallel to the South Line of said section 9, and the northerly
terminus of said line.
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08,/10/2009 Page: 7 of 11
Parcel B:
That Portion of Tract A, which said Tract A is that portion of Section 9,Township 22
North, Range 21 East of the Willamette Meridian, Douglas County, Washington, as set
forth, described and identified Tract A upon that certain plat of survey recorded in Book
22-21 at page 166 under Auditor's File No. 283723, records of said county, described as
follows:
BEGINNING at the Northwest corner of said Tract A, thence North 89` 29' 23"East
along the North line thereof 1859.72 feet; thence leaving said North line South 00°00'00"
East 332.30 feet thence South 30*00' 00" East 438.20 feet;thence South 48° 00'00"East
1695.24 feet;thence South 85'00'00"East 1076.92 feet;thence South 00'00'00"East
220.00 feet;thence North 90'00'00" West 159.69 feet;thence South 00'00'00"East 880
feet; thence South 61'11'07"West 1750.94 feet; thence South 00'23'55"East 157.05
thence North 90'00'00" West 1028.45 feet to the West line of said Tract A;thence along
the West and Southerly Line of said Tract A as follows:
North 00'14'54" West 430.00 feet; thence South 89'31'14" West 436.10 feet; thence
North 51' 25'52" West 121.00 feet; thence leaving the Southerly line of said Tract A
North 20°12'01" East 528.38 feet; thence North 00'00'00" East 800 feet;thence North
03'21'51"West 1215.20 feet; thence North 90° 00'00" West 585.12 feet; thence North
65°00'00"West 500.00 feet; thence North 26'00'00" West 518.38 feet to the West line of
Tract A; thence North 00`46'07" West along said West line 336.42 feet to the Point of
Beginning.
Except that portion lying North of a line 1975.00 feet North of and parallel to the South
Line of said section 9, and westerly of the following described line:
Commencing at the intersection of a line 1975.00 feet North of and parallel to the South
Line of said section 9, with the easterly boundary of the above described Tract A; thence
S 61011'06"W, 1214.84 feet to the TRUE POINT OF BEGINNING; thence N
00°23'55"W, 65.09 feet to the beginning a curve to the left, having a radius of 140 feet;
thence along the arc of said curve, through a central angle of 36°32'43", an arc distance
of 89.30 feet; thence N 36°56'37"W, 356.65 feet to the beginning of a curve to the right,
having a radius of 60 feet; thence along the are of said curve,through a central angle of
36°31'01", an arc distance of 38.24 feet; thence N 00°25'36"W, 105.54 feet to said line
1975.00 feet North of and parallel to the South Line of said section 9, and the northerly
terminus of said line.
fA�a ~] cF It
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08,/10/2009 Page: 8 of 11
New Legal Descriptions:
Parcel A:
That Portion of Tract A, which said Tract A is that portion of Section 9,Township 22
North, Range 21 East of the Willamette Meridian, Douglas County, Washington, as set
forth, described and identified Tract A upon that certain plat of survey recorded in Book
22-21 at page 166 under Auditor's File No. 283723, records of said county,described as
follows:
BEGINNING at the Northwest corner of said Tract A,thence North 89' 29' 23" East along
the North line thereof 1859.72 feet;thence leaving said North line South 00'00'00" East
332.30 feet thence south 30'00' 00" East 438.20 feet;thence South 48'00'00" East `
1695.24 feet;thence South 85'00'00" East 1076.92 feet;thence South 00'00'00"East
220.00 feet;thence North 90'00'00" West 158.69 feet; thence South 00'00'00" East 880
feet; thence South 61'11'07"West 1750.94 feet;thence South 00'23'55" East 157.05
thence North 90'00'00"West 1028.45 feet to the West line of said Tract A;thence along
the West and Southerly Line of said Tract A as follows:
North 00'14'54" West 430.00 feet; thence South 89'31'14" West 436.10 feet;thence
North 51' 25'52" West 121.00 feet;thence leaving the Southerly line of said Tract A
North 20'12'01" East 528.38 feet;thence North 00'00'00" East 800 feet;thence North
03'21'51" West 1215.20 feet;thence North 90'00'00" West 585.12 feet;thence North
65'00'00" West 500.00 feet;thence North 26'00'00" West 518.38 feet to the West line
of Tract A; thence North 00'46'07" West along said West line 336.42 feet to the Point of
Beginning.
Except that portion lying South of a line 1975.00 feet North of and parallel to the South
Line of said Section 9.
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08./10/2009 Page: 9 of 11
Parcel S:
That Portion of Tract A, which said Tract A is that portion of Section 9,Township 22
North, Range 21 East of the Willamette Meridian, Douglas County, Washington, as set
forth, described and identified Tract A upon that certain plat of survey recorded in Book
22-21 at page 166 under Auditor's File No. 283723, records of said county, described as
follows:
BEGINNING at the Northwest corner of said Tract A, thence North 89' 29' 23" East along
the North line thereof 1859.72 feet;thence leaving said North line South 00'00'00" East
332.30 feet thence South 30'00'00" East 438.20 feet;thence South 48'00'00" East
1695.24 feet;thence South 85'00'00" East 1076.92 feet;thence South 00'00'00" East
220.00 feet;thence North 90'00'00" West 158.69 feet;thence South 00'00'00" East 880
feet;thence South 61'11'07"West 1750.94 feet;thence South 00'23'55" East 157.05
thence North 90'00'00"West 1028.45 feet to the West line of said Tract A;thence along
the West and Southerly Line of said Tract A as follows:
North 00'14'54" West 430.00 feet; thence South 89'31'14" West 436.10 feet; thence
North 51' 25'52" West 121.00 feet; thence leaving the Southerly line of said Tract A
North 20'12'01" East 528.38 feet; thence North 00'00'00" East 800 feet;thence North
03'21'51" West 1215.20 feet;thence North 90' 00'00" West 585.12 feet; thence North
65'00'00" West 500.00 feet;thence North 26'00'00" West 518.38 feet to the West line
of Tract A;thence North 00'46'07" West along said West line 336.42 feet to the Point of
Beginning.
Except that portion lying North of a line 1975.00 feet North of and parallel to the South
Line of said Section 9.
?Aye
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
Oa/10/2009 Page: 10 of 11
BOUNDARY ADJUSTMENT
FOR
WESTERN SUNSET, LLC
DOUGLAS COUNTY APN NOS. 22210930014 AND 22210930006
N 89-2923"E 60• RECIPROCAL EASEMENT N 89'46'27' E
5 1 4 2651.84' RECORDED UNDER A.F.N. 17J181 2630.57' 4 3
1859.72' 4 -
-
$:'1. 9 3J2.J0' S, EASEMENT FOR INGRESS. 9 i 10
' JO'EASEMENT FOR INGRES
336.42 EGRESS AND UTILI7IES REC S S30'00'00"E EGRESS AND UTILITIES `
ORD
UNDER A.F.N. J061265 4J8.20' RECORDED /N BOOK 390, PAG
i 402, UNDER A.F.N. 191684 {
20'EASEMENT RECORDED
iUNDER A.F.N. 137218 i
90P0'00" W
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o m 500.00' S�� /� 1 L. u eN I
po v N 65t70"00" W 3'.. .: ���. NE Ami v
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2 N 26'00'00" w
S 85-0000.E $$• i
N-S SECTION '076.92
N CENTERLINE
JO'POKER DISTRIBURON
i LINE EASEMENT, 1n N90'00'00"W
Oi 1 .�•' RECORDED UNDER A.F.N. g 158.69'
•�' o f
9 10
P
8'^ 9 NEW BOUNDARY;
h W Cb S 891J1'14" W A 5 89,37,09" W 36.p
1435.21' 1108.47 5 N 89J1'09'f
? 1 R 1531.25
23385' OLD --� i 61214aA 115p9� NORTH LINE OF
121.00' BOUNDARY 61.11pAEND LDI`DitAL j v,
N5175.54"W 5 L��
h W o '90'0000"W S02'2X55-E A
589'J1't<"W o t 8< ISZ05' E �/
r• e p Q 436.10' 0 2 S w o
8 ry N_1 4 261, 4o'1i 14D' b
2 ! p+Z S�,I 1/ "0° I I I RESERVED EASEMENT RIGHTS
n+o FOR INGRESS, EGRESS AND i
ry Q r u$ ; C UTILITIES ACROSS PARCELS C, g
z' F e o l;l K AND L PER DEED RECORDED
Z G � 08510 "+ o rylil_ UNDER A.F.N. J019456
0 0 40.1 i 1 4p.'p L EXISTING
8`, Z 9 EXT'G R/W ° ° 1 N 89'31"09" E RIGHT OF WAY 9 I 10
((�K)
1 55'7 1 : 960.D0_ (R/K)
----------------- --------
- - - - - - -------==---_-_-_- -
?64f.71. r----.� �--�- 16 �--- -- 7641.02' ---
17 1 16 S 89J1'14" w 5 89,31'09" W 16 1 15
;`
AIRPORT GRANT ROAD
WA r
SCALE 1"=1000'
AREA SUMMARY 0 500 1000 2000 3000
LOT OLD AREA NEW AREA �� BREWSTER (509)689-2529
En CHELAN (509)6824189
E.WENATCHEE (509)684.2562
A 189.26 AC. 170.46 AC. EPHRATA (509)754.3326
8 8.78AC. 27.58AC. Erlandsen
LA'S
f-EYING i PLANNING ENUNEERINQ GIs TOLLFREE (800)732-7M2
ExRRES
DRAWN BY:CEP LAYOUT: 15LADS1308
DATE Bn3AB FILE NO'BLAOB1308
777
SCALE: 1'-1000• JOB NO'.20072025
�asc- to I(
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3136981 Recorded 10:02 AM
08,/10/2009 Page: 11 of 11
BOUNDARY ADJUSTMENT
FOR
WESTERN SUNSET, LLC
DOUGLAS COUNTY APN NOS. 22210930014 AND 22210930006
I
I
_ -- ----_
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105.54' I
A=36'31'01"
L=89.30'R=140.'0.-1
A=36'32'43"
500'23'55'E -------------t--�
65.09'
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SCALE: 1" 400'
0 200' 400' 800' 1200'
BREWSTER (509)6892529
f/ CHELAN (509)8B2-4189
�4 RO EPIIRATA E.WENATGHEE (509) 3322
m Erlandsen
S—E-0 �L"N'NG ENGINEEMING 01$ TOLLFREE (B00)732-7442
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EIIMrt DRAWN BY:CEP LAYOUT: BLA(2)081308
Es
DATE:8/13/08 FILE NO:SLA(2)081308
SCALE: I"-ADO' JOB NO:20072025
N :
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2,500 Foot Noise Buffer Zone
....NG_ e
�
IMF
2
NIT-w;1'J1
l't,'_. .E '..
LEGEND
Access Road—------------------------- ........
r - Proposed Sprint Boat Location
------_ ......_._
East Wenatchee, Washington Public Parking Area —-
USSBA Parking/Pit Area---------
—n Spectator Area----------------
v`- Concessions ----------
0 0 375 750 1,500 2,250 3,000
Feet Camping Area----------- ----
i
i
Spectator Area
USSBA Parking
Sprint Boat Track
//. /i'✓/
> Nl�
77
i\ f Spectator Area
l�4
`"x \% // Concessions - !
N� Camping Area �`�',
Public Parking ► _ N`•',��`�• ti ^.
Approx:900 Stalls
Access Road
a
6*
Y
S
Proposed Sprint Boat Location LEGEND
Access Road---------___________---- -•-•-•
East Wenatchee, Washington Public Parking Area•- -----------
Dawn Collings,Events Coordinator
271 9th Street NE USSBA Parking/Pit Area------ ---
East Wenatchee,WA 98802
a r= (509)886-6108 Spectator Area-------------
., dcollings@east-wenatchee.com
- Concessions—------_�______.....�
0 62.5125 250 375 500 Feet Camping Area---------- ------
Improvements
Landlord shall construct an access road approximately 2,500 feet in length and 20 feet in width.
The road will be covered with 2 inches of crushed rock,watered and compacted with a roller.
Landlord will construct a race track according to the specifications of the USSBA. Landlord
warrants the structural soundness of the race track against significant water loss due to defects
in workmanship.
Landlord shall construct two fences around the race track.
The first fence will be the main safety fence that will be 2200' in length setback 100' from the
track. This fence will be 8' tall 9 gauge chain link fencing that will have cable reinforcing the
top and bottom of the fence.
The second fence will be used to keep the spectators back from the safety fence. This fence will
be setback 10 feet from the safety fence and consist of 5' long 3-4"treated round posts placed
every 10 feet with 3 individual wires spaced every foot from the top down.