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