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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. Page 1 of 5 lLl.pr/ukflts .{m 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 Page 2 of 5 l- r/u.ktltu pm 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. Page 3 of 5 lls)avrioAktic. Pm 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 Page 4 of 5 (1n).pr/onkflt. pm 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. Page 5 of 5 (10agr/oakflta.pm 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