HomeMy WebLinkAboutR-1995-110 Fire Training CenterRESOLUTION NO. R-95- 1 1 0
A RESOLUTION authorizing the City Manager to execute a Residential Rental
Agreements for the use of certain property at 812 Central Avenue
and at 808 A Central Avenue, Yakima, Washington.
WHEREAS, the City has purchased the property located at 812 Central Avenue
and 808 A Central Avenue for the purpose of constructing a Fire Training Center
complex; and
WHEREAS, the City is not planning to raze the structures thereon until after
September 31, 1995; and
WHEREAS, Ms. Lewis currently resides at 808 A Central Avenue and has not
been able, at this time to find, appropriate replacement dwelling space; and
WHEREAS, Mr. and Mrs. Pitts have found a new dwelling, but are not able to
move until August 15, 1995; and
WHEREAS, the City's Fire Chief, Al Chronister, has negotiated a leases with Ms.
Lewis and the Pitts, copies of which are attached hereto and incorporated herein by
reference; and
WHEREAS, the City Council finds it to be in the best interest of the City of
Yakima to enter into said Residential Rental Agreements, 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 the attached Residential Rental Agreement with Lorraine
Lewis and the attached Residential Rental Agreement with Mr. and Mrs. Bill Pitts.
ADOPTED BY THE CITY COUNCIL this 9,1c\\-`- day of �-�s� , 1995.
i
ATTEST:
Mayor
�r
City Clerk
Ils)res/rental agr jw
RESIDENTIAL RENTAL AGREEMENT
This Agreement dated the .3 day of Au 6, , 1995, is made and
entered into between the CITY OF YAKIMA (hereinafter "LANDLORD") and BILL
and JEAN PITTS, husband and wife, (hereinafter "TENANT").
1. PROPERTY LEASED. In consideration of the covenants and agreements
contained in this document, the LANDLORD does hereby leases to TENANT
those certain premises situated in Yakima County, Washington, particularly
described as follows:
The North 150 feet of the West 50 feet of the East 75 feet of the
West half of Lot 11, Central Park Addition to the City of North
Yakima, now Yakima, recorded in Volume "A" of Plats, Page 46,
Records of Yakima County, Washington.
said Agreement is for a term commencing on the 3rd day of August, 1995 and
ending August 15, 1995. The address of said real property is 812 Central
Avenue, Yakima, Washington 98901. This Agreement shall be on the following
terms and conditions.
2. OCCUPANCY. The occupancy created by this Agreement shall consist of
two (2) adult persons. 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 two (2) persons.
3. TENANCY FOR A DEFINITE TERM. The tenancy created by this
Agreement shall be for a term which shall terminate August 15, 1995. TENANT
expressly agrees to vacate the property on or before August 15, 1995.
4. RENT. The rent for the above-described premises shall be Fifty Dollars
($50.00) for the term of this Agreement. Rent shall be due upon inception of
this Agreement and shall be payable to the City Treasurer, City Hall, 129 North
2nd Street, Yakima, Washington.
5. SECURITY DEPOSIT. There is no security deposit for 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
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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 part 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
improvements or to show the premises to prospective purchasers,
mortgagees, inspectors, 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;
H. The dwelling unit subject to this Agreement 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. TENANTS 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.
9. UTILITIES. In addition to the rent charged herein, TENANT shall pay
before delinquency all utilities charged against premises.
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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.
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 Al Chronister, City of Yakima Fire Chief and
may be contacted at (509)575-6060.
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 they have
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
By:
Bill Pitts
By:
LANDLORD
Jean Pitts ,
CITY OF YAKIMA, WASHINGTON ATTEST:
_� rery 1 1 tv .r a .v vtsa� JM
(ava,4
City Manager
'4 City Clerk
iiic _.✓�-f`„�
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�;; O: ?= ;
LANDLORD ACKNOWLEDGMENT
STATE OF WASHINGTON
:ss.
County of Yakima
On this day of jii,<<'a<"d
and Notary Public in and foi Jie &-
sworn, personally appeared
to
, 1995, before me, the undersigned
of \Washington, duly comm isioned and
��!✓C
known to me to be the Cty 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.
WITNESS by hand and official seal hereto affixed this day and year first
written above.
NOTARY' PUBLIC in and for t e State of
Washington, residing at�y.,��,£, 'r/C� .
My commission expires:
TENANT ACKNOWLEDGMENT
STATE OF WASHINGTON )
:ss.
County of Yakima
On this ; day of : , 1995, before me the undersigned
and Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared Bill Pitts and Jean Pitts, known to me to be the
individuals described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as their 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.
NOTARVPUBLIC in and for the State of
Washington, residing at .
My commission expires: ._-%?ij=
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RESIDENTIAL RENTAL AGREEMENT
T»is Agreement dated the 71`4 day of
, 1995, is made and entered into between the
CITY OF YAKIMA (hereinafter "LANDLORD") and LORRAINE LEWIS, a single
person, (hereinafter "TENANT") .
1. PROPERTY LEASED. In consideration of the covenants and
agreements contained in this document, the LANDLORD does hereby leases
to TENANT those certain premises situated in Yakima County, Washington,
particularly described as follows:
The South 40 Feet of the North 190 feet of the West half of Lot
11, Central Park Addition to the City of North Yakima, now
Yakima, recorded in Volume "A" of Plats, Page 46, Records of
Yakima County, Washington.
said Agreement is for a term commencing on the 3rd day of August, 1995
and ending September 30, 1995. The address of said real property is 812
Central Avenue, Yakima, Washington 98901. This Agreement shall be on
the following terms and conditions.
2. OCCUPANCY. The occupancy created by this Agreement shall
consist of one (1) adult person and two (2) children. 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) adult person and two (2) children.
3. TENANCY FOR A DEFINITE TERM. The tenancy created by this
Agreement shall be for a term which shall terminate September 30, 1995.
TENANT expressly agrees to vacate the property on or before September
30, 1995.
4. RENT. The rent for the above-described premises shall be Three
Hundred and Twenty-five dollars ($325.00) for the term of this
Agreement. Rent shall be due upon inception of this Agreement and shall
be payable to the City Treasurer, City Hall, 129 North 2nd Street, Yakima,
Washington.
5. SECURITY DEPOSIT. There is no security deposit for this
Agreement.
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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;
IA TENANT shall not intentionally or negligently destroy, deface,
damage, impair or remove any part 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
improvements or to show the premises to prospective
purchasers, mortgagees, inspectors, 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;
H. The dwelling unit subject to this Agreement 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
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(jw)agr/rental agr jw
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.
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.
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 Al Chronister, City of Yakima Fire
Chief and may be contacted at (509)575-6060.
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.
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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 they,»ve
thoroughly inspected the premises in detail prior to siqai ink this
Agreement and finds said premises clean, safe, in good repair, 'Aid 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
18. EARLY TERMINATION. TENANT shall have the option to
terminate this agreement prior to September 30, 1995. Prior to
termination, TENANT shall deliver a written notice of termination to
LANDLORD'S agent and shall vacate the property leased. Upon early
termination, TENANT shall be entitled to a partial refund of rent calculated
as follows: $5.50 x (number of days remaining in lease term) = partial
refund.
By:
Lorraine Lewis
TENANT
LANDLORD
CITY OF YAKIMA, WASHINGTON ATTEST:
By:
Glenn Rice, Acting City Manager City OBlerk
c
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l2-cS-i 10
LANDLORD ACKNOWLEDGMENT
STATE OF WASHINGTON )
:ss.
County of Yakima
On this (/*` day of C - , 1995, before me, the
undersigned and Notary Public id for the State of Washington, duly
commissioned and sworn, personally appeared Glenn Rice., known to me to
be the Acting 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.
WITNESS by hand and official seal hereto affixed this day and year
first written above.
NOTARY PIC in and for the State of
Washington, residing at
M y commission
expires0 -\- °\c
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TENANT ACKNOWLEDGMENT
STATE OF WASHINGTON
:ss.
County of Yakima
On this 7 day of
, 1995, before me the
undersigned and Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Lorraine Lewis, known to
me to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that they signed the same as
their 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.
expires: `',///:-/e
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.ez‹-f,„4-
NOTARY PUBLIC in and for the State of
Washington, residing at
M y commission