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Home My WebLink AboutR-1993-034 Oak Flats / WaterRESOLUTION NO. R-93- 3 A RESOLUTION authorizing the City Manager to execute a Lease Agreement with W Brent Denham and Leslie K. Denham, husband and wife, for the use of certain property at Oak Flats. WHEREAS, on March 5, 1993, the Yakima County Superior Court terminated the Lease Agreement with Charles P Brown and Gigi Reda Brown for the subject dwelling house and adjacent property on the City's Oak Flats property; and WHEREAS, the City's Water and Irrigation Superintendent, Ty Wick, has negotiated a lease with W Brent Denham and Leslie K. Denham, 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 Lease 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 Lease Agreement with W Brent Denham and Leslie K. Denham, husband and wife ADOPTED BY THE CITY COUNCIL thiaay of ---- , 1993 ATTEST City Clerk Mayor • • • LEASE AGREEMENT This lease dated the 1st day of May, 1993, is made and entered into between the CITY OF YAKIMA (hereinafter "LANDLORD") and W BRENT DENHAM and LESLIE K. DENHAM, husband and wife, (hereinafter "TENANT") 1 PROPERTY LEASED. In consideration of the covenants and agreements contained in this document, the LANDLORD does hereby lease 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 a month-to-month basis commencing on the 1st day of May, 1993 and upon the following terms and conditions. The address of said real property is 1 100 Highway 410, Naches, Washington 98937 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 Four Hundred Dollars ($400 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. 4 SECURITY DEPOSIT LANDLORD hereby acknowledged receipt of Four Hundred Dollars ($400 00) as a security deposit. LANDLORD shall deposit such security deposit in a trust account with Security Pacific Bank of Washington, 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 their tenancy; B If TENANT fails to restore the premises in such condition so that only not anal cleaning and not heavy cleaning is required, C If TENANT fails to surrender to LANDLORD all keys furnished at the initiation of the tenancy; D If TENANT fails to pay the last month's rent, or Page 1 of 4 (1s)agr/pao1e11a/oakflts rp • • • 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 OBLIGATION. 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 port 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 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. 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 premises. 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, TENANTS duties shall be as prescribed in RCW 59 18 130 and as hereafter amended. Page 2 of 4 (1s)agr/pao1e11a/oakflts rp • • 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 Fruitvale Blvd , Yakima, Washington, (509)575-6204 13 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. 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 hereafter amended. 15 TENANT'S INSPECTION. TENANT acknowledges that they have thoroughly inspected the premises in detail prior to singing 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. TENANT CITY OF YAKIMA, WASHINGTON By. LANDLORD ATTEST. City Clerk LANDLORD ACKNOWLEDGMENT Znr;ACT N0�3"3 ►�-43-3y STATE OF WASHINGTON ) .ss. County of Yakima On this �day of /Y , 1993, before me, the undersigned and NotaryPublic in and for then ate of Washington, dulycommissioned and sworn, 1� 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 Page 3 of 4 (1s)agr/paolella/oakflts rp • municipal corporation, for the uses and 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. �LP�L2'7" /�fJl NOTARY PUBLIC afid for of Washington. residing a My commission expires TENANT ACKNOWLEDGMENT STATE OF WASHINGTON ) •ss. County of Yakima r On this day of , 1993, before me the undersigned and Notary Public in and for the tate of Washington, duly commissioned and sworn, personally appeared W Brent Denham and Leslie K. Denham 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 4 of 4 (1s)agr/pao1e11a/oakflts rp C� NOTARY PUBLIC in and for e tate - of Washington, residing at My commission expires /-