HomeMy WebLinkAboutR-1998-160 Agreement / Office of Aging and Lon Term Care / Yakima Senior Center• RESOLUTION NO. R-98 - 160
•
A RESOLUTION authorizing the City Manager and the City Clerk to execute a Lease
Agreement between the City of Yakima and the Office of Aging and Long
Term Care for the purpose of providing direct service to senior citizens at
the Senior Center.
WHEREAS, the City of Yakima desires that various services be provided to senior
citizens at the Senior Center located at 602 North Fourth Street, Yakima, Washington; and
WHEREAS, the Southeast Washington Office of Aging and Long Term Care
("SWOALTC") desires to provide various services to senior citizens in Yakima; and
WHEREAS, SWOALTC is willing to lease office space at the Senior Center from the City
in accordance with the attached Lease Agreement in order to provide direct services to senior
citizens at the Senior Center; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
lease office space to SWOALTC in accordance with the terms and conditions of the attached
Lease Agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized and directed to execute the
attached and incorporated "Real Property Lease" between the City of Yakima and the Southeast
Washington Office of Aging and Long Term Care. The final Agreement shall be approved as)to
form by the City Attorney.
ADOPTED BY THE CITY COUNCIL this IJ day of 16C6/1,364e-- , 19e .
ATTEST:
c�2
„ L
(11l.•/.tee r I m.99/pa
City Clerk
ohn Puccinelli, Mayor
REAL PROPERTY LEASE
THIS REAL PROPERTY LEASE is entered into on the date last written below
between the CITY OF YAKIMA, WASHINGTON, a municipal corporation, hereinafter
referred to as "Lessor", and SOUTHEAST WASHINGTON OFFICE OF AGING AND
LONG TERM CARE, hereinafter referred to as "Lessee".
1. Property Leased.
The Lessor does hereby lease to the Lessee a space consisting of approximately
180 square feet in the Senior Center building situated at 602 North Fourth Street, City of
Yakima, Yakima County, Washington, legally described as follows:
Lot 1, Block 64, Town of North Yakima, now Yakima, recorded in
Volume "A" of Plats, Page 10, re-recorded in Volume "F" of Plats, Page 1,
records of Yakima County, Washington.
The location of said office space within the Senior Center building is shown on attached
and incorporated Exhibit "A."
2. Term of Agreement.
The term of this Lease shall commence on the 1st day of January, 1999, and
terminate at midnight on the 31st day of December, 1999, unless sooner terminated in
accordance with this Section, Section 5, Section 14, or Section 16. Lessee reserves the
right to terminate the Lease upon 60 days written notice, if funding becomes
unavailable.
3. Rent.
The Lessee agrees to pay Two Hundred and Sixty Eight Dollars ($268.00) per
month payable in advance on the first day of each month.
4. Utilities.
Lessor shall pay for water, sewer, heating, and electrical expenses. Lessee shall
pay for installation, maintenance and charges on telephone and computer systems, and
one half of the copy machine maintenance and supply of copy paper every month.
5. Damage or Destruction to Premises.
5.1. If the premises are destroyed or rendered untenantable by fire, flood, the
elements, an act of God, or other causes beyond the control of the Lessor and the cost of
repairs, in the judgment of the Lessor, shall not be justified, then the Lessor shall have
the option to terminate this Lease or repair the premises.
Page 1 of 6
(Ik)agr/aging & long-term care 98-99/pm
5.2. The Lessor shall give the Lessee written notice of the Lessor's election
within thirty (30) days from the date of said damage. In the event the Lessor elects to
repair or rebuild, this Lease shall not be affected except that, during the term of making
such repairs, the rent shall be reduced in proportion to the loss of time of occupancy
and/or the amount of the leased premises rendered unfit for occupancy. Lessor agrees
to begin such repairs without delay and to complete the same with all reasonable speed.
5.3. In the event such damage is so extensive that the said repairs cannot be
completed within sixty (60) days from the date of the damage, Lessee may terminate the
Lease.
5.4. No action for damages shall accrue to either party by virtue of said loss of
occupancy or termination of this Lease.
6. Waiver of Breach.
Any waiver, express or implied, by either party of any breach by the other of any
of the covenants of this Lease shall not be a waiver of any subsequent breach of the
same or any other covenant.
7. Inspection of Premises.
The Lessor reserves the right to enter the premises during Lessee's business
hours for the purpose of inspecting the premises and for making any repairs to said
premises or the adjacent premises. The Lessor may enter the premises at any time in
case of emergency.
8. Maintenance.
8.1. Lessor shall maintain the exterior doors, common areas, roof, walls,
foundation and bearing portions of the premises and all plumbing, electrical and
mechanical systems.
8.2. Lessee shall maintain the interior of the premises except repairs
necessitated by Lessor's failure to maintain the premises as set forth herein. Lessee shall
provide its own janitorial service.
9. Use of Premises.
The Lessee shall not use the premises for any illegal purpose. Lessee agrees to
conform to municipal, county and state codes, statutes, ordinances and regulations
concerning the use and occupation of said premises.
10. Additions and Improvements.
Lessee shall not make any additions or improvements to the premises except
upon written consent of the Lessor, which consent shall set out which party shall be
Page 2 of 6
(lk)agr/aging & long-term care 98-99/pm
responsible for payment of such improvements. Fixtures which the Lessee may install
in the premises may be removed by Lessee; provided, that Lessee shall restore the
premises to the same condition as the premises were in prior to the installation of any
such fixtures, ordinary wear excepted.
11. Assignments and Subleasing.
Lessee shall not assign this lease nor sublet the said premises or any part thereof
without prior written consent of the Lessor. In the event that Lessee assigns or
subleases the leased property pursuant to this section, Lessee shall remain primarily
liable for the covenants contained herein.
12. No Third -Person Benefits.
This Agreement is solely for the benefit of the parties hereto, and creates no
rights and/or benefits of any type in any third parties.
13. Surrender of Premises.
At the termination of this Lease, the Lessee shall surrender the said premises to
the Lessor in as good condition as the premises were at the time of commencement,
reasonable wear excepted.
14. Default.
Time is of the essence. In the event that either party shall breach any condition
of this Lease, and if such default or violation shall not be remedied within thirty (30)
days after written notice thereof specifying the matter claimed to be in default, the other
party, at its option, may immediately terminate this Lease.
15. Liens and Encumbrances.
Lessee shall not allow any liens or encumbrances arising out of the use and
occupancy of the premises by Lessee to attach to the property.
16. Condemnation.
16.1. If the whole of the leased premises shall be taken or condemned for
public use, then the terms of this Lease shall cease as of the day possession is taken by
such public authority and the rent shall be paid to that date. All damages awarded for
any taking shall be the property of Lessor.
16.2. If only a part of the leased premises shall be taken and the remainder of
the premises can be made tenantable for the purpose of this lease, this Lease shall
continue in full force and effect as to the remainder of the premises and all of the terms
herein provided shall continue in effect except that the rent shall be reduced in
Page 3 of 6
(1k)agr/aging & long-term care 98-99/pm
proportion to the amount of the premises taken. Lessor at its cost shall make all
necessary repairs and alterations to the premises required by such taking.
17. Taxes and Licenses.
Lessee shall pay all license fees and excise, sales, use and occupation taxes on
personal property and operations of Lessee. Lessor shall pay all real property taxes on
the premises.
18. Risk of Loss.
Lessor shall bear the risk of loss of the premises. Lessor shall not be liable for
any damage to Lessee's personal property located on the premises.
19. Indemnification.
19.1. Lessee agrees to hold harmless, indemnify, and defend Lessor, its elected
officials, officers, employees, and agents from and against any and all suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable
attorney's fees) which result from or arise out of the sole negligence of Lessee, its
officers, employees, and agents in connection with or incidental to the performance or
non-performance of this Agreement.
19.2. Lessor agrees to hold harmless, indemnify, and defend Lessee, its
officers, employees, and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees)
which result from or arise out of the sole negligence of Lessor, its elected officials,
officers, employees, and agents in connection with or incidental to the performance or
non-performance of this Agreement.
19.3. In the event that the officials, officers, agents, and/or employees of both
Lessor and Lessee are negligent, each party shall be liable for its contributory share of
negligence for any resulting suits, actions, claims, liability, damages, judgments, costs
and expenses (including reasonable attorney's fees).
19.4. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
20. Liability Insurance. On or before date this Agreement is fully executed by the
parties, Lessee shall provide the Lessor with a certificate of insurance as proof of
liability insurance with a liability limit of at least One Million Dollars ($1,000,000.00).
The certificate shall clearly state who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect (any statement in
the certificate to the effect of "this certificate is issued as a matter of information only
and confers no right upon the certificate holder" shall be deleted). Said policy shall be
in effect for the duration of this Agreement. The policy shall name the Lessor, its elected
officials, officers, agents, and employees as additional insureds, and shall contain a
Page 4 of 6
(ik)agr/aging & long-term care 98-99/pm
clause that the insurer will not cancel or change the insurance without first giving the
Lessor thirty (30) calendar days prior written notice (any language in the clause to the
effect of "but failure to mail such notice shall impose no obligation or liability of any
kind upon the company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or higher in
Best's Guide and admitted in the State of Washington.
21. No Insurance.
It is understood Lessor does not maintain liability insurance for Lessee and/or
its employees.
22. Notices.
All notices hereunder may be delivered or mailed. If mailed, they shall be sent
by certified or registered mail to the following respective addresses:
Lessor: City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Lessee: Office of Aging and Long Term Care
P.O. Box 8349
Yakima, WA 98908
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified above.
23. Governing Laws.
This Agreement shall be governed and construed in accordance with the laws of
the State of Washington.
24. Venue.
The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
25. Severability.
If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and
effect.
Page 5 of 6
(1k)agr/aging & long-term care 98-99/pm
26. Integration and Supersession.
This Agreement sets forth all of the terms, conditions, and agreements of the
parties relative to the subject matter hereof and supersedes any and all such former
agreements which are hereby declared terminated and of no further force and effect
upon the execution and delivery hereof. There are no terms, conditions, or agreements
with respect thereto, except as herein provided and no amendment or modification of
this Agreement shall be effective unless reduced to writing and executed by the parties.
CITY OF YAKIMA
R. . ZAIS, JR.
City Manager
Date: /
ATTEST
c_0—t --e yd
City Clerk
City Contract No.: ( " /
Resolution No. -460
STATE OF WASHINGTON
ss.
County of Yakima
SOUTHEAST WASHINGTON
OFFICE OF AGING AND
LONG TERM CARE
By: cif‘ (cu-
lts:
camits:
Date:
re --i-2.„1 )5
I certify that I know or have satisfactory evidence that (' 1rNa i ict -6ro/don is the
person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the-c�..11-r b'trrto„ko-- of the Southeast Washington Office of
Aging and Long Term Care and acknowledged it to be the free and voluntary act and
deed of said entity for the uses and purposes mentioned in the instrument.
DATED this o`te` day of I_.(..RAcvnla-QA) , 199a..
Page 6 o
(1k)agr/aging & long -t
„u.,_ C . rata-88-
PrintName: < ub2c�a- 4 . n(10,=1-u)r
NOTARY PUBLIC in and for the State of
Washington, residing at yak rrlc)
My commission expires: / I h J 01
COMMISSIONER'S SIGNATURE PAGE
Bettie I gham, Commissio
64-2-
Jes e S. Palacios, Commissioner
Constituting the Board of Yakima
County Commissioners
ATTEST this
1999.
SyIyia hinojosa, Clerk of the Board
rm \ contract \ commsig
GENERAL NOTES
PO,111811,4.41-$ 01414fll 101. C111..0. 00111100.1.1110.
"rm., 04,0. wtor•As
Pr.o ,••• 14-rtf
ij
toKo4 toirJitt 1 (WIT
iit.16•44,1111.,Or • I' ,fltak
weeWITO
0
•
4f-
1
t1 .1.
114
L.,LeTtv_L
_,„„• n
.1i *T.
tt,
7.1='•01;.".a.
1,001 00•10.0.•
114-L•••.*'*::=
11
1 I I
14.1
.11
•
•
1Sd
Mr
0
1
11
I.. 1.14 ..1.1.•
T.f •••T
y
rewporel
_
ri
. -•
a.LELOO9 PLAN
MUJASYTTAX,
NOT It cotantuarm
DOUDNA •
WILLIAMS
WEBER •
ARCHITECTS
A.1.A. 1 P.S.
RIR
11 MI 111011 11
11111101 IVA
0,4 as, 4.I 1110
MA, WASHINGTON
1111 11 1311
• • •
18-11
A-1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of December 15, 1998
Lease Agreement Between the City of Yakima and the Office of Aging
and Long Term Care for Rental Space at the Yakima Senior Center
Chris Waarvick, Director of Public Work`_'!
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols
575-6020
SUMMARY EXPLANATION:
Attached is a Resolution and Agreement authorizing the City Manager and the City Clerk to
execute a Lease Agreement between the City of Yakima and the Office of Aging and Long
Term Care for use of office space at the Senior Center.
The Office of Aging and Long Term Care provides direct information and assistance services
from the Senior Center location to better serve the senior community. Staff feels this
partnership enhances services to senior citizens by providing a direct service Zink.
Resolution x Ordinance _ Contract Other (Specify) Agreement
Funding Source Revenue generated for Parks and Recreation Budget
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: To approve the attached Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
ALTC
Agin &
Long erm
Care
Southeast Washington
August 11, 1999
Mr. Dick Zais, City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Dear Mr. Zais:
Re: Real Property Lease at Yakima Senior Center
Rafe v, Roberi-1
AUS 4 99
- OF CiTY MAW
As required by the real property lease, Number 2. Term of Agreement, we
are declaring our intent to terminate the lease effective on or about
October 15, 1999.
The Information & Assistance/Case Management (I&A/CM) staff has
increased in size due to legislative action this past session which provided
additional funding to bring the staff to client ratio down. We have found
it necessary to secure adequate office space to house all of the I&A/CM
staff. With this in mind, we will be relocating the three staff at the senior
center to the new location on 6th Avenue.
We have enjoyed our relationship with the City, the Senior Center staff
and hope to continue networking with the center to meet clients' needs.
If you have any questions please feel free to call Helen Bradley, ALTC
Director or me at 965-0105.
Sincerely,
OrboyAl----
Sheila Brogdon,
Assistant Director
cc: Larry Peterson
P.O. Box 8349 a Yakima, WA 98908
(509) 965-0105 (Voice/TDD) ® Fax (509) 965-0221 m 1-800-572-7354
E Maii.: aaasewa@wo/fenet.conr
Web Page: WWW.. wo ferrel. coim/ aaasei'a
Southeast Washington Counties:
Asotin ° Benton ® Columbia o Franklin 0 Garfield ® Kittitas ® Walla Walla ® Yakima