HomeMy WebLinkAboutR-1995-109 Rental AgreementRESOLUTION NO. R-95-
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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
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, 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.
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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
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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.
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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.
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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
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