HomeMy WebLinkAboutR-1997-057 Office of Aging and Long Term CareRESOLUTION NO. R-97- 57
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 15th day of April
1997.
ATTEST:
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City Clerk
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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: The term of this Lease shall commence on the 1st
day of April, 1997, and terminate at midnight on the 31st day of
December, 1997. Lessee reserves the right to terminate the Lease upon
60 days written notice, if funding becomes unavailable.
3. Rent: The Lessee agrees to pay $250 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: 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.
5.1 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
Page 1 of 5
agrees to begin such repairs without delay and to complete the same with
all reasonable speed.
5.2 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.
5.3 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 be set out which party shall be
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
Page 2 of 5
subleases the leased property pursuant to this section, Lessee shall
remain primarily liable for the covenants contained herein.
12. 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.
13. 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.
14. 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.
15. Condemnation:
15.1 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.
15.2 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 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.
16. 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.
17. 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. Each party agrees to indemnify, defend
and hold harmless the other from all claims, damages, loss or liability
for injuries to any person or property upon, adjacent to, or in connection
with the said leased premises caused by the indemnifying party's
negligence or breach of the terms of this Lease.
Page 3 of 5
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18. Governing Laws: This Lease shall be governed and
construed in accordance with the laws of the State of Washington.
19. Venue: The venue for any action to enforce or interpret this
Agreement shall lie in the Superior Court of Washington for Yakima
County, Washington.
20. 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:
CITY OF YAKIMA
Office of Aging and Long Term Care
P.O. Box 8349
Yakima, WA 98908
R. A. ZAIS, JR.
City Manager
ATTEST
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City Clerk
City Contract No.: 97-
Resolution
7Resolution No.: R-77-57
BOARD OF YAKIMA COUNTY
SOUTHEAST WASHINGTON
OFFICE OF AGING AND
LONG TERM CARE
"S-ignature
HELEN BRADLEY
Name
DIRECTOR
Title
April �t1t(1�trt:t,/ 997
Da `�`%O9NTyc %i
z
COMMISSIONERS 14i�.`,11, o•ltl s ,*.�����
A T1t15111ut�t i s (0
1997.
day of May,
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that 1-4 1an Ertl ie9
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
free and voluntary act and deed of the Southeast Washington Office of
Aging and Long Term Care for the uses and purposes mentioned in the
instrument.
DATED this a.) day of -Apr i1 , 1997.
Page 5 of 5
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Print Name: ` �AD2c.c.rL -R • O1ck+on
NOTARY PUBLIC in and for the State
of Washington, residing at ?Zona- .
My commission expires: 3/b/bi .
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of April 15, 1997
Lease Agreement Between the City of Yakima and the Office of Aging
and Long Term Care for Rental Space at the Yakima Senior Center
Jerry Copeland, Director of Public Works
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 usage of office space at the Senior Center.
The Office of Aging and Long Term Care wishes to provide direct information and assistance
services from the Senior Center location to better serve the senior community. Staff feels this
partnership will enhance services to senior citizens by providing a direct service Zink.
Resolution x Ordinance Contract _ Other (Specify) Agreement
Funding Source Revenue
APPROVED FOR SUBMITTAL:
ated far Parks and Recreaiiop Budget /$250.00/ro.
City Njanager
STAFF RECOMMENDATION: To approve the attached Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-97-57