HomeMy WebLinkAboutR-1992-D6179 Western MaterialsRESOLUTION NO.
179
A RESOLUTION: authorizing the City Manager to execute a lease of City -owned
property with Western Materials, Inc.
WHEREAS, the City of Yakima owns certain property under the Nob Hill
Overpass; and
WHEREAS, the City has no immediate use for this property , and it is in the best
interest of the City of Yakima to lease the property to Western Materials, Inc., now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YA1UMA:
The City Manager, is hereby authorized and directed to execute the attached
lease with Western Materials, Inc.
ADOPTED BY THE CITY COUNCIL thisiday of PriA,Ast , 1992.
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ATTEST: Mayor
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City Clerk
LEASE
THIS LEASE is made this .2,3 day of , 1992, between the
CITY OF YAKIMA, WASHINGTON, a municipal corporation, hereinafter
referred to as LESSOR, and WESTERN MATERIALS, INC., a Washington
corporation, hereinafter referred to as TENANT, on the following
terms and conditions:
1. PROPERTY LEASED: LESSOR hereby leases to TENANT
the follow -described ground space owned by LESSOR within the City
of Yakima, Yakima County, Washington, to -wit:
"Ground space directly under the Nob Hill
Boulevard overpass, lying between bent number 12
thereof and the easterly right-of-way line of the
Northern Pacific Railway Company, together with a
strip of ground approximately ten feet wide on the
northerly side of the above-described area and
abutting thereon, the northerly boundary of said
approximately ten foot strip being a common
boundary between the leased property and the
property owned by tenant situated northerly and of
and abutting on the above-described leased
property."
2. TERM: The term of this Lease shall be for a period of ten
(10) years, commencing January 1, 1991 and terminating December
31, 2000, at midnight.
3. RENT: TENANT agrees to pay annual rent to LESSOR in
the amount of three hundred dollars ($300.00) per year. Rent shall
be paid annually in advance on or before the first day of January of
each year for the entire lease term.
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4. USE OF PREMISES: The leased property shall be used
by TENANT for the purpose of storing construction materials and
equipment and for no other purposes. The storage of flammable
materials is prohibited.
5. TAXES: TENANT shall pay all general taxes and
assessments levied against the leased property during the term of
this Lease. TENANT shall timely pay any and all business taxes
levied against TENANT on account of the conduct of TENANT'S
business on the leased property.
6. INSURANCE: TENANT shall, during the entire term of
the Lease, keep in full force and effect a policy or policies of public
liability or property damage insurance with respect to the leased
premises, sidewalks and the business operated by TENANT and any
SUBTENANT of TENANT in the leased premises, in which the limits of
public liability shall not be less than $500,000.00 per occurrence and
$1,000,000.00 per aggregate, and in which the property damage
liability shall not be less than $50,000.00. The policy shall name the
LESSOR, together with its agents and employees, and TENANT as
insured, and shall contain a clause that the insurer will not cancel or
change the insurance without first giving LESSOR ten (10) days prior
written notice. The insurance shall be in a responsible insurance
company or companies chosen by TENANT.
7. CARE OF PROPERTY: TENANT agrees that it has
inspected the premises and knows the conditions thereof, and the
same are now in good condition, and it agrees and warrants that it
will at all times keep the same in as good, clean, and satisfactory
condition as the premises are now in, or the condition to which they
may be improved, and upon termination of this Lease, it will return
the same to LESSOR in as good a condition as the same are now in, or
the condition to which they may be improved, less reasonable wear
and tear thereof by ordinary use. TENANT further warrants and
agrees that it will not commit any waste on said premises nor
damage same, nor permit waste or damage by others. It is
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recognized that TENANT may make certain improvements to the
property, and any such improvements made to the leased property
shall remain thereon, and LESSOR shall own all such improvements
upon the termination or other expiration of this Lease Agreement.
8. ASSIGNMENT - SUBLETTING: TENANT shall have the
right to assign or sublease the leased property but only after
receiving the LESSOR'S prior written consent. In the event that
TENANT assigns or subleases the leased property pursuant to this
paragraph, TENANT shall remain primarily liable for the covenants
contained herein.
9. INSPECTION: LESSOR shall have the right, at all times,
to enter upon the leased premises at reasonable times for the
purposes of inspecting the leased premises. TENANT hereby grants
to the LESSOR an irrevocable license and right of access, by LESSOR'S
agents and employees, through, over, and across the adjacent
property owned by TENANT for the purpose of inspection and
maintenance of the Nob Hill overpass structure and the appurtenant
water mains, valves, and other facilities.
10. FORFEITURE: Time is of the essence of this Lease. In
the event TENANT fails to pay any installment of rent or fails to
comply with any other covenant, term or condition of this Lease, the
LESSOR may, in addition to any other remedy authorized by law,
forfeit this Lease; PROVIDED, however, the LESSOR shall give the
TENANT written notice specifying the breach claimed and give the
TENANT:
i. Three (3) days to remedy the breach if it involves
failure to pay any installment of rent or portion
thereof, or vacate the property; or
ii. Three (3) days to quit the property if the breach
involves the committing or permitting of waste
upon the property, setting up or carrying on any
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unlawful business on the property, or erecting,
suffering, permitting or maintaining any nuisance
on the property; or
Ten (10) days to remedy the breach if it involves
failure or neglect of TENANT to keep or perform
any other covenant, term or condition of the Lease.
11. INDEMNIFICATION OF LESSOR: TENANT shall protect,
defend, indemnify, and hold LESSOR harmless from and against any
and all claims, demands, damages, losses, liens, liabilities, penalties,
fines, lawsuit, and other proceedings and costs and expenses
(including attorney's fees and disbursements), which accrue to or are
incurred by LESSOR and arise directly or indirectly from or out of,
relate to, or in any way connected with (1) any activities on the
leased property during TENANT'S possession or use of the property
which directly or indirectly result in the property or any other
property becoming contaminated with hazardous substances or
wastes, (2) the presence, discovery, or cleanup of any hazardous
substances released or existing on or under the leased property at
any time during TENANT'S possession or use of the property, (3) any
third -party claims resulting from TENANT'S use or occupancy of the
leased property, or any acts or omissions of TENANT in connection
therewith, and (4) any damages or alterations caused to the Nob Hill
overpass structure or appurtenances thereto. When used in this
Lease Agreement the term "hazardous substance" shall be defined to
mean any substance or material defined or designated as hazardous
or toxic waste, hazardous or toxic material, a hazardous, toxic, or
radioactive substance, or other similar term, by any federal, state, or
local environmental statute, regulation, or ordinance presently in
effect or that may be promulgated in the future, as such statutes,
regulations, and ordinances may be amended from time to time,
including, but not limited to, the Federal Resource Conservation
Recovery Act of 1976, 42 U.S.C. § 6901 et seq. , the Federal
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, 42 U.S.C. § 9601 et seq., the Federal Toxics Substances
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Control Act, 15 U.S.C. § 2601 et seq., the Washington Solid Waste
Management - Recovery and Recycling Act, RCW Chapter 70.95, and
the Washington Model Toxics Control Act, RCW Chapter 70.105D.
12. EFFECT: This Lease, and all the terms, conditions and
covenants thereof, shall inure to the benefit of LESSOR, their
successors and assigns, and shall run to and be binding upon
TENANT, their successors and assigns.
13. INTERPRETATION: The paragraph headings used
herein are for identification purposes only, and shall not be
construed as modifying or limiting the actual language and contents
of the paragraphs themselves.
14. ATTORNEY FEES: In the event of any litigation arising
out of the Lease, the prevailing party shall be entitled to a
reasonable attorney fee, and venue for any claim shall lie in Yakima
County, Washington.
15. NOTICES: All notices to be given by the parties are to be
in writing and may be either served personally or may be deposited
in the United States Mail, postage prepaid, either registered or
certified mail, with certificate of mailing obtained, and shall be given
to the last known address of the party to whom the notice is
addressed. The effective date of the giving of the notice, or the day
from which any time period shall run, shall be the day notice is
deposited in the United States Mail, or the date notice is personally
served.
CITY OF YAKIMA
By:
R. A. Zais, Jr. City Manager
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WESTERN MATERIALS. INC
By:
Its: r
ATTEST:
City Clerk
(flV CO4TSACT NO.
STATE OF WASHINGTON )
:ss.
County of Yakima
This is to certify that on this day personally appeared before
me R. A. ZAIS, JR., to me known to be the CITY MANAGER OF THE
CITY OF YAKIMA and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free
and voluntary act and deed, for the uses and purposes therein
mentioned.
G N UNDER my hand and official seal this day of
1992.
STATE OF WASHINGTON )
:ss.
County of Yakima )
NOTARY PUBLI in d for the
State of Washington, residing at
My commission expires* < - y /9I,
This is to certify that on this day personally appeared before
me -4213 A4a. i�'? jil6 to me known to be the
reb rdLi?+ of WESTERN MATERIALS, INC. and who
executed the within and foregoing instrument, and acknowledged
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that he signed the same as his free and voluntary act and deed, for
the uses and purposes therein mentioned.
GIVEN UNDER my hand and official seal this �7 day of
en') e/l/ , 1992.
14t ghy,J14,
NOTARY PUBLIC in and for the
State o Washington, residing at
My commission expires.
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