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HomeMy WebLinkAboutR-1995-037 Rental Agreement• • • RESOLUTION NO. R-95 37 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Residential Rental Agreement with Gary T Hardiman. 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, Gary T Hardiman has 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 Gary T Hardiman accordingly, 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 a Residential Rental Agreement with Gary T Hardiman 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 7th day of March , 1995 ATTEST Mayor � -✓v J G N't c." City Clerk (1-Ores/rental pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. a" For Meeting of 03/7/95 ITEM TITLE: Resolution Authorizing Rental Agreement for Residence at Randall Park SUBMITTED BY: Jerry D. Copeland, Director of Public Works John Marsh, Parks Operation Supervisor CONTACT PERSON/TELEPHONE: John Marsh, Parks Operation Supervisor 576-6444 SUMMARY EXPLANATION: The attached recommended resolution authorizes the City Manager to execute on behalf of the City the attached Residential Rental Agreement. The attached is a rental and security receipt for the Randall Park residence located. at 1418 South 44th Avenue. The prospective tenant is Gary T. Hardiman. As noted herein, the monthly rent is waived in lieu of the renter performing designated tasks in and around the park facility. The term of the Rental Agreement is for one year. Resolution Ordinance Funding Source APPROVED FOR SUBMITTAL: Exhibits Contract Other (Specify) Rental Agreement r City Manager STAFF RECOMMENDATION: Adopt Resolution COMMISSION/COMMITTEE RECOMMENDATION: Park Commission recommends execution of the lease agreement COUNCIL ACTION: Resolution No. R-95-37 RESIDENTIAL RENTAL AGREEMENT AND SECURITY DEPOSIT This lease dated the day of , 1994, is made and entered into between the CITY OF YAKIMA (hereinafter "LANDLORD") and GARY T. HARDIMAN, (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. The TENANT shall also have use of a one car garage with storage area located on the north portion of the Randall Park restrooms. 2. Occupancy. The occupancy created by this Agreement shall consist of one (1) adult. 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 one (1) person. 3. Term. The term of this Rental Agreement shall begin on March 8, 1995, and shall terminate on February 28, 1996, 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 (ls)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 as it occurs to Park Operations and/or the Police Department. F. Water, mow, and maintain in a neat and orderly manner the leased premises. Materials for said duties shall be furnished to the TENANT by the LANDLORD. The automatic irrigation system for Randall Park will be operated and maintained by the LANDLORD. 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 (ls)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. TENANT 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. TENANT'S 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 TENANT'S losses. Page 3 of 4 (ls)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: TENANT: CITY OF YAKIMA, WASHINGTON By: R. A. Zais, Jr., City Manager Gary T. Hardiman ATTEST: City Clerk CITY CONTRACT N0: 9s Page 4 of 4 (ls)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 YAKI WASHINGTON Al .1 1ST: City Clerk c ry cO TR4a NO: Page 4 of 4 11s)agr/rental pm qS'a. c0 1? -X15-37 TENANT: PROMOTION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA SUNFAIR FESTIVAL ASSOCIATION THIS AGREEMENT is made and entered into by and between the City of Yakima, hereinafter "City," and the Yakima Sunfair Festival Association, hereinafter "Sunfair." WHEREAS, the City desires tourist promotion services to promote the Yakima Sunfair Parade. WHEREAS, the City does not have staffing levels or specialized expertise necessary to provide said tourist promotion services. WHEREAS, the Sunfair has the experience, expertise, and staff to provide said tourist promotion services. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Sunfair as follows: 1. TOURIST PROMOTION SERVICES. Sunfair agrees to provide tourist promotion services to promote the Sunfair Parade on September 23, 1995, including parade picnics, gatherings, and other organizational activies. 2. TERM OF AGREEMENT. Sunfair shall commence' services required hereinunder upon execution of this Agreement and shall complete all services and work required by this Agreement on or by September 23, 1995. 3. CONSIDERATION. In consideration of Sunfair's performance of all terms and conditions of this Agreement, the City agrees to pay Sunfair a total sum not to exceed One Thousand Dollars ($1,000.00). Payment is expressly conditioned upon Sunfair providing satisfactory work and services to the City and corresponding documentation evidencing/describing said completed work and services to the City. 4. STATUS OF SUNFAIR. Sunfair and the City understand and expressly agree that Sunfair is an independent contractor in the performance of each and every part of this Agreement. Sunfair, its members, and employees shall make no claim of City employment nor shall claim any related employment benefits, social security and/or retirement. Sunfair shall have no authority to nor shall Sunfair represent that it has authorization to bind the City in any manner. 5. TAXES AND ASSESSMENTS. Sunfair shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from Page 1 of 3 (1s)agr/sunfair pm income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Sunfair shall pay the same before it becomes due. 6. NONDISCRIMINATION PROVISION. During the performance of this Agreement, Sunfair shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 7. COMPLIANCE WITH LAW. Sunfair agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 8. NO INSURANCE. It is understood the City does not maintain liability insurance for Sunfair and/or its employees. 9. HOLD HARMLESS. Sunfair shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all liability resulting out of the performance of this Agreement. 10. TERMINATION. The City may terminate this Agreement, with or without cause, by giving Sunfair ten (10) days written notice of termination. 11. 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. 12. INTEGRATION This written document constitutes the entire agreement between the City and Sunfair. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 13. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO SUNFAIR: Page 2 of 3 (1s)agr/sunfair pm City Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 Vice President/Director Yakima Sunfair Festival Association P.O. Box 471 Yakima, WA 98907 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 14. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. 15. ATTORNEY'S FEES. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA YAKIMA SUNFAIR FESTIVAL ASSOCIATION Dick Zais, City Manager Date: 6 ,e/atvi.,-t-e.4./ it /c/96— ATTEST: City Clerk City Contract No. 5-q3 By: Its: Date: STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that 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 of the Yakima Sunfair Festival Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: Page 3 of 3 (ls)agr/sunfair pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. \ 1 For Meeting Of 9/5/95 ITEM TITLE: Promotion Services Agreement -- Yakima Sunfair Festival Association. SUBMITTED BY: Paul T. McMurray, Assistant City Attorney CONTACT PERSON/TELEPHONE: Paul T. McMurray/575-6030 SUMMARY EXPLANATION: During the fall of 1994, the Yakima Sunfair Festival Association requested $1,000.00 from the City to assist with the costs/expenses of the Yakima Sunfair Parade. On December 6, 1994, the City Council considered and approved the request. The Legal Department was asked to draft a resolution and contract for tourist promotion services with the Yakima Sunfair Festival Association. Attached for the Council's review and approval is such resolution and contract. Resolution X Ordinance Contract X Other(Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: The Legal Department recommends approval of the resolution and contract for tourist promotion services with the Yakima Sunfair Festival Association. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-95-128 (1s)agenda/sunfair pm