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HomeMy WebLinkAboutR-1995-109 Rental AgreementRESOLUTION NO. R-95- 19 A RESOLUTION authorizing the City Manager to execute a Residential Rental and Security Deposit Agreement with Sam Dilly, a single person, for the use of certain property at Oak Flats. WHEREAS, on July 31, 1995, W. Brent Denham and Leslie K. Denham terminated their lease of the subject dwelling house and adjacent property on the City's Oak Flats property; and WHEREAS, the City's Water Treatment Plant Supervisor, Dave Brown, has negotiated a lease with Sam Dilly, a single person, 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 Residential Rental and Security Deposit Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAIUMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached Residential Rental and Security Deposit Agreement with Sam Dilly, a single person. ADOPTED BY THE CITY COUNCIL this -5\\ day of ATTEST: City Clerk (ls)res/oakflts pm , 1995. Ma or RESIDENTIAL RENTAL AND SECURITY DEPOSIT AGREEMENT This lease dated the 02 _ day of9,(.1(4.---, 1995, is made and entered into between the CITY OF YAKIMA (rter "LANDLORD") and SAM DILLY, a single person, (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 August, 1995 and upon the following terms and conditions. The address of said real property is 1100 Highway 410, Naches, Washington 98937. 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. MONTH-TO-MONTH TENANCY. The tenancy created by this Agreement shall be a month-to-month tenancy. 4. RENT. The rent for the above-described premises shall be Four Hundred Twenty -Five Dollars ($425.00) 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. 5. SECURITY DEPOSIT. LANDLORD hereby acknowledged receipt of Four Hundred Twenty -Five Dollars ($425.00) 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. Page 1 of 5 (1s)agr/oakflts.pm Upon termination of this Rental Agreement, all or a portion of such deposit may be retained by LANDLORD under the following terms and conditions: A. TENANT shall fully perform all obligations under this Agreement and those pursuant to RCW 59.18, or as may be subsequently amended; B. If TENANT fails to remedy or repair any damage to the premises which occurs during their tenancy; C. If TENANT fails to restore the premises in such condition so that only normal cleaning and not heavy cleaning is required; D. If TENANT fails to surrender to LANDLORD all keys furnished at the initiation of the tenancy; E. If TENANT fails to pay the last month's rent; or F. If TENANT fails to pay all utility bills assessed against the premises during the period of tenancy created by this Agreement. 6. TENANT'S DUTIES. TENANT shall perform the following duties: 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 Page 2 of 5 (1s)agr/oakflts.pm 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; H. 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); I. TENANT'S duties shall comply with all other duties prescribed in RCW 59.18.130 and as hereafter amended. 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 premises without the prior written consent of the LANDLORD. 9. UTILITIES. In addition to the rent charged herein, TENANT shall pay before delinquency all utilities charged against premises. 10. 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. 11. ALTERATIONS. TENANT shall not paint or make any alterations to the premises without the prior written consent of the LANDLORD. 12. LANDLORD'S DUTIES. LANDLORD'S duties shall be as prescribed in RCW 59.18.060 and as hereafter amended. 13. LANDLORD'S AGENT. For the purpose of repair and maintenance of the premises, LANDLORD'S agent is Dave Brown, Water Treatment Plant Supervisor of the City of Yakima Water Division and may be contacted at 6390 U.S. Highway 12, Yakima, Washington 98908, (509)575-6177. Page 3 of 5 (1s)agr/oakflts.pm 14. 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. 15. 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. 16. 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. 17. TENANT'S INSPECTION. TENANT acknowledges that he has thoroughly inspected the premises in detail prior to singing 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 by RCW 59.18.260 TENANT LANDLORD CITY OF YAKIMA, WASHINGTON ATTEST: By: R. A. Zais, r., City Manager City Clerk LANDLORD ACKNOWLEDGMENT STATE OF WASHINGTON :ss. County of Yakima 'Cfl'! CONTRACT 140. On this a$ day of , 1995, before me, the undersigned and Notary Public in and f the tate of Washington, duly commissioned and sworn, 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 municipal corporation, for the uses and purposes therein mentioned, and on oath states that he is authorized to execute the said instrument. Page 4 of 5 (1s)agr/oakflts.pm WITNESS by hand and official seal hereto affixed this day and year first written above. yr : ARY PUBLIC in and f• ashington, residing at My commission expires: TENANT ACKNOWLEDGMENT STATE OF WASHINGTON :ss. County of Yakima State of On this c.4 day of , 1995, before me the undersigned and Notary Public in and for the &ate of Washington, duly commissioned and sworn, personally appeared Sam Dilly known to me to be the individual described in 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. WITNESS by hand and official seal hereto affixed this day and year first written above. NOTARY PUBLIC in and for the State of Washington, residing at Y,1<-6.' My commission expires: s / / a / 9 7 Page 5 of 5 (1s)agr/oakflts.pm