HomeMy WebLinkAboutR-1998-005 Agreement / Office of Aging & Long Term Care / Senior CenterRESOLUTION NO. R-98- 05
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 1 3day of��'4Ur-=
/
1998. -
ATTEST: �
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City Clerk
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John 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
Jaunuary 1, 1998, and terminate at midnight on the 31st day of
December, 1998, 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
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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.
5.2. 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.
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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 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
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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 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).
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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. No Insurance.
It is understood Lessor does not maintain liability insurance for
Lessee and/or its employees.
21. 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.
22. Governing Laws.
This Agreement shall be governed and construed in accordance
with the laws of the State of Washington.
23. Venue.
The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County,
Washington.
24. 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.
25. 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
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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 e ment shaherein lr bedefdfective unlessno endment or
redu ed to
modification of this Ag
writing and executed by the parties.
CITY OF YAKIMA
R. A. ZAIS.
City Manager
Date: �.._-vE�.�, /(;"9F
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di
ATTEST
City Clerk
City Contract No.:
SOUTHEAST WASHINGTON
OFFICE OF AGING AND
LONG TERM CARE
Its: 2' `,2.ea71-o-/2-
Contract
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Contract #98-04
Resolution #R-98-05
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that la. B"
ui
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 the uses and purposeshe Southeast shington mentioned ffice in the
of
Aging and Long Term Care fo
instrument.
DATED this c9,4 day of cm Gil , 1997.
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Pri t Name: cAo. a A. Y110.4 star)
NOTARY PUBLIC in and for the State
of Washington, residing at k4Ma--
My commission expires:
COMMISSIONER'S SIGNATURE PAGE
22b
Done this d, day of N:91
Attest: Sylvia E. Hinojosa
CIerk of the :+a rd
, 1998.
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B-ttie Ingham, Chair
rrX11 wis`�.m • ssioner
William H. Flower, Commissioner
Constituting the Board of Yakima
County Commissioners
GENERAL NOTES
DOUDNA •
WILLIAMS
WEBER •
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of nuary 13. 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
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 generated for Parks and Recreation Budget
APPROVED FOR SUBMITTAL: C ' Z -•
City Manager
STAFF RECOMMENDATION: To approve the attached Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: