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HomeMy WebLinkAboutR-1994-030 Rental Agreement• • • RESOLUTION NO. R-94 - 30 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Residential Rental Agreement with Steve and Mary Gregory WHEREAS, the City owns a house situated on the Randall Park site, which house and property immediately surrounding it is available to lease for residential purposes, and WHEREAS, Steve and Mary Gregory have offered to lease those premises in accordance with the provisions, terms, and conditions of the attached lease agreement document; and WHEREAS, the City Council deems it to be in the best interests of the City that the City lease those premises to Steve and Mary Gregory accordingly, novo , 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 a Residential Rental Agreement with Steve and Mary Gregory for a house and adjacent property situated at the Randall Park site, a copy of which agreement entitled "Residential Rental Agreement and Security Deposit Receipt," is attached hereto and by reference made a part hereof ADOPTED BY THE CITY COUNCIL this 22rdday of , 1994 Cit . di ATTEST Mayor /2 ) c V✓l�- City Clerk (ln r.s/r.ntal.pm RESIDENTIAL RENTAL AGREEMENT AND SECURITY DEPOSIT This lease dated the day of /7 , 1994, is made and entered into between the CITY OF YAIMA (hereinafter "LANDLORD") and STEVE GREGORY and MARY GREGORY, 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 and upon the following terms and conditions: The North 100 feet of the South 280 feet and the West 75 feet of the East 210 feet of the Southwest quarter of the Southwest quarter of Section 27, Township 13 North, Range 18 E.W.M. TOGETHER WITH an easement for ingress and egress over and across the North 20 feet of the South 300 feet of the East 210 feet of the Southwest quarter of the Southwest quarter of said section. The above-described property shall be used solely as a private single- family dwelling for TENANT. 2. Occupancy. The occupancy created by this Agreement shall consist of two (2) adults and one (1) child. TENANT shall not increase the occupancy beyond this number of persons without the prior written consent of LANDLORD. The premises shall not be used other than as a residence of three (3) persons. 3. Term. The term of this Rental Agreement shall begin on December 1, 1993, and shall terminate on December 31, 1994, at midnight. 4. Rent. LANDLORD and TENANT agree that the fair market rental value of the leased property is Five Hundred Fifty Dollars ($550.00) per month. In lieu of cash rental payments, TENANT shall perform the following duties for LANDLORD'S benefit at Randall Park: A. Perform minor repairs on facilities and Park areas mutually agreed upon between TENANT and Park Operations Supervisor. B. Trim the shrubs and bushes on the leased property as needed during the growing season. Page 1 of 4 (1s)agr/rental pm C. Lock and unlock the Randall Park East and West Gates in addition to locking and unlocking the Tahoma Cemetery East and West Gates off 16th and 24th Avenues in accordance with instructions from the Park Operations Supervisor. D. Conduct shrub bed maintenance and litter pickup on the leased property. Also, conduct litter cleanup a minimum of three times per week (Monday, Wednesday, and Friday) on the Nature Trail; special events will require extra cleanup as necessary. E. During the Spring and Summer seasons, check restrooms for paper products and replace as necessary; also report vandalism when noticed to the operations office. F. Materials for minor repairs, flower planting, etc. will be furnished to the TENANT. The automatic irrigation system will be handled by City Park staff. One car garage with storage area is included in this Agreement. This is on the north portion of public restrooms west of residence. TENANT will be responsible for watering, mowing, and maintaining the following area(s) in a neat and orderly manner: Any mowing around the building perimeter, left by the large Parks mower, will be the responsibility of the TENANT. 5. Security Deposit. LANDLORD hereby acknowledges receipt of One Hundred Dollars ($100.00) as a security deposit. LANDLORD shall deposit said security deposit in a trust account with a bank, savings and loan association, mutual savings bank or licensed escrow agent, the name of which is Seafirst Bank and whose address is 101 North 2nd Street, Yakima, Washington 98901. All or a portion of such deposit may be retained by LANDLORD and a refund of all or any portion of such deposit is conditioned as follows: A. TENANT shall fully perform obligations under this Agreement and those pursuant to RCW 59.18, or as may be subsequently amended; B. TENANT shall have remedied or repaired any damage to the premises which occurs during his tenancy; C. TENANT shall restore the premises in such condition so that only normal cleaning and not heavy cleaning is required; D. TENANT shall surrender to LANDLORD all keys furnished at the initiation of the tenancy; and Page 2 of 4 (1s)agr/rental pm E. TENANT shall pay all utility bills assessed against the premises during the period of tenancy created by this Agreement. 6. Nonrefundable Cleaning Fee. '1'ENANT shall pay and LANDLORD hereby acknowledges receipt of a nonrefundable cleaning fee in the amount of Fifty Dollars ($50.00). 7. TENANT Not City Employee. It is understood and agreed that TENANT shall not at any time be considered an employee of the City of Yakima. TENANT shall not be subject to the control or direction of City officers or employees. TENANT shall make no claim of City employment nor claim any related employment benefits from the City, including, but not limited to, medical benefits, social security, and retirement. 8. Assignment.. TENANT shall not assign or sublease all or any portion of the leased property without the prior written consent of the LANDLORD. 9. Utilities. In addition to the rent charged herein, TENANT shall pay directly and promptly to all involved utility companies all utilities charged against the premises, including, but not limited to, water, refuse, and electricity charges. The LANDLORD shall provide sanitary sewer services by provision of a septic tank or hookup to the City sewer system. 10. Alterations. TENANT shall not paint or make any alteration to the premises without the prior written consent of the LANDLORD. 11. TENANTS Duties. In addition to the TENANT'S duties specified in this lease, 'TENANT'S duties shall be as prescribed in RCW 59.18.130 and as thereafter amended. TENANT shall conform to all applicable provisions of municipal, county or state codes, statutes, ordinances, and regulations pertaining to use, occupation, and maintenance of the premises. 12. LANDLORD'S Duties. In addition to the LANDLORD'S duties specified in this lease, LANDLORD'S duties shall be as prescribed in RCW 59.18.060 and as thereafter amended. 13. LANDLORD'S Agent. For the purpose of repair and maintenance of the premises, LANDLORD'S agent is John Marsh and may be contacted at 2301 Fruitvale Boulevard, Yakima, Washington, 98902, (509)576-6444. 14. Risk of Loss. The LANDLORD is not responsible for any losses experienced by TENANT not arising from the LANDLORD'S own actions. TENANT is solely responsible for the security of buildings under TENANT'S control. The City does not provide any insurance coverage for TENANTS losses. Page 3 of 4 (1s)agr/rental pm 15. LANDLORD'S Right of Entry. The LANDLORD shall have the right of entry to premises as prescribed in RCW 59.18.150 and as hereafter amended. 16. TENANT'S Inspection. TENANT acknowledges that he or she has thoroughly inspected the premises in detail prior to signing this Agreement and finds said premises clean, safe, in good repair, and free of any infestation of rodents, pests or insects. TENANT shall sign an itemized checklist indicating specific aspects of the premises as required in RCW 59.18.260. 17. Taxes. TENANT shall promptly pay before delinquency all liens, charges, assessments, and taxes levied against the leased property, including, but not limited to, the leasehold excise tax. 18. Smoke Detector. The dwelling unit subject to this lease is equipped with a smoke detection device. The TENANT is responsible in accordance with RCW 59.18.130(7) for maintenance of the device as specified by the manufacturer, including, but not limited to, the replacement of batteries to maintain continual effectiveness. A TENANT failing to comply with smoke detection device maintenance duties is liable for imposition of a fine not to exceed Two Hundred Dollars ($200.00). LANDLORD: CITY OF YAKIMA, WASHINGTON By: ATTEST: City Clerk , City Manager .;iT•Y aitir,;,:c; re, Page 4 of 4 (ls)agr/rental pm TENANT: ary Gregory Gregory • c e= r — _ —I, f ' i • i r i 1 1 ::,` c 7 , ••• ..• ▪ ▪ 1 I .% —_J v.,:1 • . .' ;. • r.f.. .:... ! - . ' .7 • • • • —_ • � // 4PL`La �--�, 0 0 ••' • • _• • • • L •• .s, EXHIBIT B, , I• ,• • . •.. �' u •"► I • • • • • 4 1 •1 s • 71.. w'• • • • i 1-4 0 • • I .le • • s. : i.• ••1..1 • • rt re. 1• } .. • • 4 .r., • • • 1 •••1:: RANDALL PARK PROPERTY PARCEL A (Parcel Number 181327-33001) That part of the West half of the Southwest quarter of Section 27, Township 13 North, Range 18, E.W.M., lying South and West of the following lines: Southerly boundary line of Fairbrook Addition, according to the plat recorded in Volume "U" of Plats, page 48; Southerly boundary line of Meyer's Plat No. 2, according to the plat recorded in Volume "Q" of Plats, page 14; And beginning at a point 1220.4 feet south 1° 13' West of the Northwest corner of said subdivision; thence South 89° 53' East to the Southwest corner of Lot 12, said Fairbrook Addition, EXCEPT the South 33 feet; EXCEPT beginning at a point 70 feet North of the Southeast corner of said subdivision; thence South 88° 20' West 158.6 feet; thence South 43° 20' West 52.3 feet to a point on the North line of the South 33 feet to the East line of said subdivision; thence North 37 feet to the point of beginning; EXCEPT the East 30 feet conveyed to Yakima County for road; AND EXCEPT the West 25 feet conveyed to Yakima County for road, Parcel E (Parcel Number 181327-33005) The South 33 feet of the West half of the Southwest quarter of Section 27, Township 13 North, Range 18, E.W.M., And beginning at a point 70 feet North of the Southeast corner of said subdivision; thence South 88° 20' West 158.6 feet; thence South 43° 20' West 52.3 feet to a point on the North line of the South 33 feet to the East line of said subdivision; thence North 37 feet to the point of beginning; EXCEPT the West 25 feet conveyed to Yakima County for road. 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