HomeMy WebLinkAboutR-1996-163 Rental Agreement / Frank & Maralee Nash / Oak Flats / WaterRESOLUTION NO. R-96- 163
A RESOLUTION authorizing the City Manager to execute a Residential Rental
and Security Deposit Agreement with Frank and Meralee Nash,
husband and wife, for the use of certain property at Oak Flats.
WHEREAS, on December 7, 1996, Sam Dilly terminated his lease of the
subject dwelling house and adjacent property on the City's Oak Flats property; and
WHEREAS, the City's Water/Irrigation Engineer, Dave Brown, has
negotiated a lease with Frank and Meralee Nash, husband and wife, a copy of
which is attached hereto and incorporated herein by reference; and
WHEREAS, the City Council finds it to be in the best interests of the City of
Yakima to enter into said Residential Rental and Security Deposit Agreement, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached Residential Rental and Security
Deposit Agreement with Frank and Meralee Nash, husband and wife.
ADOPTED BY THE CITY COUNCIL this 17th day of December
ATTEST:
City Clerk
(1s)res/oakElts pm
, 1996.
/Lynn Buchanan, Mayor
RESIDENTIAL RENTAL AND
SECURITY DEPOSIT AGREEMENT
This Agreement dated the / day of , 199i, is made and
entered into between the CITY OF YAKIMA (hereinafter "LANDLORD") and
FRANK and MERALEE NASH, husband and wife, (hereinafter " TENANT").
1. PROPERTY LEASED. In consideration of the covenants and agreements
contained in this document, the LANDLORD does hereby leases to TENANT
those certain premises situated in Yakima County, Washington, particularly
described as follows:
That part of the west half of Section 35, Township 15 North, Range
18, E.W.M. lying north of the Naches-Selah Canal, south of State
Highway No. 5 (S.R. 410) and east of the following described line:
beginning at a point on the west line of said Section 35 and the
centerline of said State Highway No. 5; thence south 79°44' east
(reference bearing) along said centerline a distance of 653.33 feet
to the true point of beginning; thence south 6°55'12" west to the
Naches-Selah Canal and the terminus of said line.
on amonth-to-month basis commencing on the / day of 1 ; °' ° ,
199. and upon the following terms and conditions. The address of said real
property is 1100 Highway 410, Naches, Washington 98937.
2. OCCUPANCY. The occupancy created by this Agreement shall consist of
two (2) adults. TENANT shall not increase the occupancy beyond this number
of persons without the prior written consent of LANDLORD. The premises shall
not be used other than as a residence of two (2) persons.
3. MONTH-TO-MONTH TENANCY. The tenancy created by this Agreement
shall be a month-to-month tenancy.
4. RENT. The rent for the above-described premises shall be Four Hundred
Twenty -Five Dollars ($425.00) per month. Rent shall be due on or before the
tenth (10th) day of the month and payable to the City Treasurer, City Hall, 129
North 2nd Street, Yakima, Washington. A late charge equal to ten percent
(10%) of the monthly rent shall be due and payable if the rent is not received by
the City Treasurer on or before the date due.
5. SECURITY DEPOSIT. LANDLORD hereby acknowledged receipt of Four
Hundred Twenty -Five Dollars ($425.00) as a security deposit. LANDLORD
shall deposit such security deposit in a trust account with Seafirst Bank, 101
North Second Street, Yakima, Washington 98901.
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Upon termination of this Rental Agreement, all or a portion of such deposit may
be retained by LANDLORD under the following tet ins and conditions:
A. TENANT shall fully perform all obligations under this Agreement
and those pursuant to RCW 59.18, or as may be subsequently
amended;
B. If TENANT fails to remedy or repair any damage to the premises
which occurs during their tenancy;
C. If TENANT fails to restore the premises in such condition so that
only normal cleaning and not heavy cleaning is required;
D. If TENANT fails to surrender to LANDLORD all keys furnished at
the initiation of the tenancy;
E. If TENANT fails to pay the last month's rent; or
F. If TENANT fails to pay all utility bills assessed against the premises
during the period of tenancy created by this Agreement.
6. TENANT'S DUTIES. TENANT shall perfot m the following duties:
A. TENANT shall keep the premises in a clean and sanitary condition;
B. TENANT shall not use the premises for any purpose deemed
hazardous by insurance companies;
C. TENANT shall properly dispose of all rubbish, garbage, and other
organic or flammable waste at reasonable and regular intervals
and to assume all costs of extermination and fumigation for
infestation;
D. TENANT shall not intentionally or negligently destroy, deface,
damage, impair or remove any part of the structure or dwelling
including the facilities, equipment, furniture, furnishings, and
appliances, or permit any member of their family, invitee, licensee
or any person under their control to do so;
E. TENANT shall repair, at TENANT'S expense, any damage
whatsoever to the premises caused during the term of this
Agreement except damage or destruction as a result of fire (not
caused as a result of negligence of TENANT, members of their
family or invitees), flood, or acts of God;
F. TENANT shall permit the LANDLORD, its agents, employees or
representatives to enter the premises at reasonable times for the
purpose of inspections or to make necessary repairs or
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improvements or to show the premises to prospective purchasers,
mortgagees or insurance representatives;
G. TENANT shall mow and trim the lawn area and trim the shrubs
and bushes as needed during the growing season in the area
immediately surrounding the building and outbuildings;
H. The dwelling unit subject to this Agreement is equipped with a
smoke detection device. The TENANT is responsible in accordance
with RCW 59.18.130(7) for maintenance of the device as specified
by the manufacturer, including, but not limited to, the replacement
of batteries to maintain continual effectiveness. A TENANT failing
to comply with smoke detection device maintenance duties is liable
for imposition of a fine not to exceed Two Hundred Dollars
($200.00);
I. TENANT'S duties shall comply with all other duties prescribed in
RCW 59.18.130 and as hereafter amended.
7. TENANT NOT CITY EMPLOYEE. It is understood and agreed that
TENANT shall not at any time be considered an employee of the City of Yakima.
TENANT shall not be subject to the control or direction of City officers or
employees. TENANT shall make no claim of City employment nor claim any
related employment benefits from the City, including, but not limited to,
medical benefits, social security, and retirement.
8. ASSIGNMENT. TENANT shall not assign or sublease all or any portion
of the premises without the prior written consent of the LANDLORD.
9. UTILITIES. In addition to the rent charged herein, TENANT shall pay
before delinquency all utilities charged against premises.
10. TAXES. TENANT shall promptly pay before delinquency all liens,
charges, assessments, and taxes levied against the leased premises, including
but not limited to, the leasehold excise tax.
11. ALTERATIONS. TENANT shall not paint or make any alterations to the
premises without the prior written consent of the LANDLORD.
12. LANDLORD'S DUTIES. LANDLORD'S duties shall be as prescribed in
RCW 59.18.060 and as hereafter amended.
13. LANDLORD'S AGENT. For the purpose of repair and maintenance of the
premises, LANDLORD'S agent is Dave Brown, Water/Irrigation Engineer of the
City of Yakima Water Division and may be contacted at 2301 Fruitvale
Boulevard, Yakima, Washington 98902, (509)575-6204.
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14. PUBLIC REGULATIONS. TENANT shall conform to all applicable
provisions of municipal, county, or state codes, statutes, ordinances, laws, and
regulations pertaining to use, occupation, or maintenance of the premises.
15. RISK OF LOSS. The LANDLORD is not responsible for any losses
experienced by TENANT not arising from the LANDLORD'S own actions.
TENANT is solely responsible for the security of buildings under TENANT'S
control. The City does not provide any insurance coverage for TENANT'S
losses.
16. LANDLORD'S RIGHT TO ENTRY. The LANDLORD shall have the right
of entry to premises as prescribed in RCW 59.18.150 and as hereafter
amended.
17. TENANT'S INSPECTION. TENANT acknowledges that he has thoroughly
inspected the premises in detail prior to singing this Agreement and finds said
premises clean, safe, in good repair, and free of any infestation of rodents,
pests, or insects. 'TENANT shall sign an itemized checklist indicating specific
aspects of the premises as required by RCW 59.18.260
TENANT
By:
LANDLORD
CITY OF YAKIMA, WASHINGTON ATTEST:
By:
R. A. Zais, J?., City Manager
C :
RESOLUTION NO: f�
Mer e Nash
LANDLORD ACKNOWLEDGMENT
STATE OF WASHINGTON
:ss.
County of Yakima
On this /L) f day ofa�-�/ , 1997, before me, the
undersigned and Notary Pubo in and f.6_ - the State of Washington, duly
commissioned and sworn, personally appeared R. A. Zais, Jr., known to me to
be the City Manager of the LANDLORD City of Yakima, which executed the
foregoing instrument, and acknowledged that said instrument to be the free
and voluntary act and deed of said municipal corporation, for the uses and
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purposes therein mentioned, and on oath states that he is authorized to
execute the said instrument.
WITNESS by hand and official seal hereto affixed this day and year first
written above.
NOTARY PUBLIC %nand for the State of
Washington, residing at Yakima
My commission expires: 3/30/0.0
TENANT ACKNOWLEDGMENT
STATE OF WASHINGTON )
:ss.
County of Yakima
On this / '7 day of \J G (\ i C:, , 199 c), before me the
undersigned and Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Frank and Meralee Nash,
known to me 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.
WITNESS by hand and official seal hereto affixed this day and year first
written above.
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1 f
aQ0 � � �•' L:i � v"� c'�
NC)TARY PUBLIC in and for the State of
Washington, residing at
My commission expires: U�
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1�
Item Number 5
For Meeting of December 17, 1996
ITEM TITLE: Oak Flats Lease Agreement
SUBMITTED BY: Water/Irrigation Division
CONTACT PERSON/TELEPHONE: Dueane Calvin, Water/Irrigation Manager
576-6480
SUMMARY EXPLANATION:
The current lease with Mr. Sam Dilly for the house at Oak Flats has been terminated. A new lease has been
negotiated with Mr. and Mrs. Nash. The term of the lease is on a month to month basis. The monthly rental is
$425.00. A security deposit of $425.00 is also required. The rental income on a yearly basis is $5,100.00.
These documents are being submitted to council for final approval.
Resolution X Ordinance Contract _X Other (specify)
Funding Source N/A
APPROVED FOR SUBMITTAL:
-'-c, s
City Manager
STAFF RECOMMENDATION: Staff recommends adoption of the attached Resolution
authorizing the City Manager and the City Clerk to execute the lease agreement.
COUNCIL ACTION: Resolution adopted. Resolution No. R-96-163