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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 Page 1 of 4 (1s)agr/rental agr jw 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. Page 2 of 4 (1s)agr/rental agr jw 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`„� Page 3 of 4 (1s)agr/rental agr jw �;; 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= Page 4 of 4 (1s)agr/rental agr jw 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. Page 1 of 6 (jw)agr/rentn1 agr jw 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 Page 2of6 (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. Page 3 of 6 (jw)agr/rent.l . r jw 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 Page 4 of 6 (lw)agr,rental nor jw 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 Page 5 of 6 (jw(agr/rental agr.jw 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 Page 6 of 6 (jwingr/rental ngr jw .ez‹-f,„4- NOTARY PUBLIC in and for the State of Washington, residing at M y commission