HomeMy WebLinkAboutR-1991-D5938 Oak Flats•
RESOLUTION NOP 5 9 3 8
A RESOLUTION authorizing the City Manager to execute a lease
agreement with Susan Mary Zajac for the use of
certain property at Oak Flats.
WHEREAS, on May 1, 1991, Charles Mathew Bagley and Nancy
Lynn Frechette-Bagley terminated their lease of the subject
dwelling house and adjacent property on the City's Oak Flats
property.
WHEREAS, the City's Water and Irrigation Superintendent,
Ty Wick, has negotiated a lease with the current subtenant,
Susan Mary Zajac, 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 lease
agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and the City Clerk of the City of Yakima
are hereby authorized and directed to execute the attached
Lease Agreement with Susan Mary Zajac.
ADOPTED BY THE CITY COUNCIL this //7 day of ,
1991.
Mayor
ATTEST:
City Clerk
(Res\Zajac)
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LEASE AGREEMENT
This lease dated the 1st day of May, 1991, is made and entered
into between the CITY OF YAKIMA (hereinafter "LANDLORD") and SUSAN
MARY ZAJAC, a single person, (hereinafter "TENANT").
1. PROPERTY LEASED. In consideration of the covenants and agree-
ments contained in this document, the LANDLORD does hereby lease to
TENANT those certain premises situated in Yakima County, Washing-
ton, particLarly 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 fol-
lowing described line: beginning at a point on
the west line of said Section 35 and the cen-
terline 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
655'12" west to the Naches-Selah Canal and
the terminus of said line; provided, however,
that tenant shall have no right of use of house
number 22030 and its garage, both of which are
located east of the dwelling house currently
occupied by tenant on the leased premises.
on a month-to-month basis commencing on the 1st day of May, 1991
and upon the following terms and conditions. The above-described
property shall be used solely as a private single-family dwelling
for TENANT.
2. MONTH-TO-MONTH TENANCY. The tenancy created by this agreement
shall be a month-to-month tenancy.
3. RENT. The rent for the above-described premises shall be
Three Hundred Seventy -Five Dollars ($375.00) 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 month-
ly rent shall be due and payable if the rent is not received by the
City Treasurer on or before the date due.
4. SECURITY DEPOSIT. LANDLORD hereby acknowledges receipt of
$300.00 as a security deposit. LANDLORD shall deposit such securi-
(agr/zajac.rp)
ty deposit in a trust account with Security Pacific Bank of Wash-
ington, 202 East Yakima Avenue, Yakima, Washington, 98901.
Upon termination of this Lease Agreement, all or a portion of such
deposit may be retained by LANDLORD under the following terms and
conditions:
A. If TENANT fails to remedy or repair any damage to the
premises which occurs during her tenancy;
B. If TENANT fails to restore the premises in such condition
so that only normal cleaning and not heavy cleaning is
required;
C. If TENANT fails to surrender to LANDLORD all keys fur-
nished at the initiation of the tenancy;
D. If TENANT fails to pay the last month's rent; or
E. If TENANT fails to pay all utility bills assessed against
the premises during the period of tenancy created by this
agreement.
5. TENANT'S OBLIGATIONS.
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 extermina-
tion and fumigation for infestation;
D. TENANT shall not intentionally or negligently destroy,
deface, damage, impair or remove any part of the struc-
ture 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 tenants 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,
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(agr/zajac.rp)
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members of her 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 improvements or to show the premises to pro-
spective purchasers, mortgagees or insurance representa-
tives.
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 out-
buildings.
6. ASSIGNMENT. TENANT shall not assign or sublease all or any
portion of the premises without the prior written consent of the
LANDLORD.
7. UTILITIES. In addition to the rent charged herein, TENANT
shall pay before delinquency all utilities charged against prem-
ises.
8. 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.
9. ALTERATIONS. TENANT shall not paint or make any alterations
to the premises without the prior written consent of the LANDLORD.
10. TENANT'S DUTIES. In addition to these obligations set forth
in paragraph 5 above, TENANT'S duties shall be as prescribed in RCW
59.18.130 and as hereafter amended.
11. LANDLORD'S DUTIES. LANDLORD'S duties shall be as prescribed
in RCW 59.18.060 and as hereafter amended.
12. LANDLORD'S AGENT. For the purpose of repair and maintenance
of the premises, LANDLORD'S agent is Ty Wick, Superintendent of the
City of Yakima Water Division and may be contacted at 2301 Fruit -
vale Blvd., Yakima, Washington, (509)575-6196.
13. PUBLIC REGULATIONS. TENANT shall conform to all applicable
provisions of municipal, county, or state codes, statutes, ordi-
nances, laws, and regulations pertaining to use, occupation, or
maintenance of the premises.
14. LANDLORD'S RIGHT TO ENTRY. The LANDLORD shall have the right
of entry to premises as prescribed in RCW 59.18.150 and as here-
after amended.
(agr/zajac.rp)
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15. TENANT'S INSPECTION. TENANT acknowledges that she has thor-
oughly inspected the premises in detail prior to signing this
agreement and finds the said premises clean, safe, in good repair,
and free of any infestation of rodents, pests, or insects.
THE CITY URGES ALL TENANTS TO OBTAIN INSURANCE ON PERSONAL
PROPERTY. YOU ARE NOT COVERED BY THE CITY'S INSURANCE FOR ANY
LOSSES OF PERSONAL PROPERTY.
ATTEST:
City Clerk
TENANT
(4'49•< • A .TA c s
BY: ,4(L•7 /ra 4 4 70"( fit
Susan Mary Za3Ac /
LANDLORD
CITY OF YAKIMA, WASHINGTON
BY:
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R. A. ZAIS, J'., CITY MANAGER
LANDLORD ACKNOWLEDGMENT
STATE OF WASHINGTON )
:se.
County of Yakima
On this day of \Le:AV- , 1991, before me, the
undersigned and Notary Public in and for the State of Washington,
duly commissioned arZcsworn, personally appeared Frederick C Stouder
known to me to be the elty 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 muni-
cipal corporation, for the uses and purposes therein mentioned, and
on oath states that he is authorized to execute the said instru-
ment.
WITNESS by hand and official seal hereto affixed this day and
year first written above.
Za/fA? /4,6
NOTARY PUBLIC a d for the t te
of Washington, residing at
My commission expires:
• 4frialilrag
4
(agr/zajac.rp)
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TENANT ACKNOWLEDGEMENT
STATE OF WASHINGTON )
:ss.
County of Yakima
On this 02 day of , 1991, before me, the
undersigned and Notary Public in for the State of Washington,
duly commissioned and sworn, personally appeared Susan Mary Zajac
known to me to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that she signed
the same as her 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.
(agr/zajac.rp)
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NOTARY BLIC in and for t e State
of Washington, residing at '25.Le.14..../
My commission expires: ,p -F -e