HomeMy WebLinkAboutR-1995-118 Fire Training CenterRESOLUTION NO. R-95- 118
A RESOLUTION authorizing the City Manager to execute a Residential Rental
Agreement for the use of certain property at 1308 5 S. 10th Street
and 1312 S. 10th Street, Yakima, Washington.
WHEREAS, the City has purchased the property located at 1308.5 S. 10th Street
and 1312 S. 10th Street 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, the Cortez are currently residents at 1308.5 S. 10th Street and 1312 S.
10th Street and have not been able at this time to find appropriate replacement
dwelling space; and
WHEREAS, the City's Fire Chief, Al Chronister, has negotiated a lease with the
Cortez, a copy of which is 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 Agreement, 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 Mr and Mrs.
Jose Cortez.
ADOPTED BY THE CITY COUNCIL this day of , 1995
ATTEST
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City Clerk
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Mayor
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• RESIDENTIAL RENTAL AGREEMENT
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This Agreement dated the 11th day of August, 1995, is made and
entered into between the CITY OF YAKIMA (hereinafter "LANDLORD") and
JOSE AND MARIA CORTEZ, a married couple (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
below
PARCEL A - The North 41 feet of the South 112 1 feet of the West
140 feet of Lot 12, Central Park Addition to the City of North
Yakima, now Yakima, Washington, recorded in Volume "A" of Plats,
Page 46, records of Yakima County ,Washington, EXCEPT the West
20 feet of the South 71 35 feet of said Lot 12.
PARCEL B - The North 10 feet of the South 81 1 feet of the East 160
feet of Lot 12, Central Park Addition to the City of North Yakima,
now Yakima, Washington, recorded in Volume "A" of Plats, Page 46,
Records of Yakima County, Washington.
PARCEL C - The South 71 1 feet of Lot 12, Central Park Addition to
the City of North Yakima, now Yakima, recorded in Volume "A" of
Plats, Page 46, Records of Yakima County, Washington, EXCEPT the
West 20 feet of the South 71 35 feet of said Lot 12, and EXCEPT the
South 61 135 feet of the East 150 feet of said Lot 12
said Rental Agreement is for a term commencing on the 1 l th Day of August, 1995,
and ending September 10, 1995 The address of said property is 13081/2 & 1312
South 10th Street, Yakima, Washington 98901 This Agreement shall be on the
following terms and conditions
2 OCCUPANCY. The occupancy created by this Agreement shall consist of
four (4) adults and six (6) 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 for four (4) adults and six
(6) children.
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3 TENANCY FOR DEFINITE TERM. The tenancy created by this
Agreement shall be for a term which shall terminate September 10, 1995
TENANT expressly agrees to vacate the property on or before September 10, 1995
4 RENT. The rent for the above-described premises shall be Ten Dollars
($10 00) per day for the term of this Agreement, with a Thirty (30) day total
equaling Three Hundred Dollars ($300 00) 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 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,
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G TENANT shall mow and trim the lawn area and trim the shrubs and
bushes as needed dunng 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. 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 utihties charged against premises.
10 TAXES. TENANT shall promptly pay before dehnquency all hens,
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
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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 secunty 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 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 by RCW 59 18 260
18 EARLY TERMINATION. TENANT shall have the option to terminate
this agreement pnor to September 10, 1995 Pnor 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 $10 00 x (number of days remaining in lease
term) = partial refund.
TENANT
By �'2� —� By 4ft-tt-x,ici, f y
Jose Cortez Maria Cortez
LANDLORD
CITY OF YAKIMA, WASHINGTON A'FI'EST
1' l
By 4.nk -fr\
enn K. Rice,
Acting City Manager
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LANDLORD ACKNOWLEDGMENT
STATE OF WASHINGTON )
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County of Yakima )
On this //` day of 41("e.,--77 , 1995, before me, the undersigned and
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Glenn K. 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 authonzed to execute the said instrument.
WITNESS by hand and official seal hereto affixed this day and year first
written above.
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NOTARY PUBLIC in and fo; the State of
Washington, residing at
My commission expires --/r/,'
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TENANT ACKNOWLEDGMENT
STATE OF WASHINGTON )
ss
County of Yakima )
On this //3" day of , 1995, before me the undersigned and
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Jose and Maria Cortez, 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
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NOTAR I' PUBLIC in and f,of the State of
Washington, residing at
My commission expires y//k'
BUSINESS OF THE CITY CO.,.+[CIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 3 3
For Meeting of 8/22/95
ITEM TITLE: Lease Extension Agreement for Jose & Maria Cortez
SUBMITTED BY: K. Alan Chronister, Fire Chief
CONTACT PER SON/TELEPHONE: Jeff West, Legall575-6030
K. Alan Chronister, Fire/575-6060
SUMMARY EXPLANATION:
J1/4),S' & Maria Cortez are tenants at 1308 1/2 South 10th Street and 1312 South 10th
Sweet, These properties were recently purchased by the City of Yakima in order to
facilitate the construction of the Fire Department's Training Facility.
The Cortez's have not found suitable housing. They have indicated that they will find
housing and can be moved by the 10th of September. This lease will allow them to
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remain at 1308 South 10th Street and 1312 South 10th Street through 9-10-95 at
44, ed upon price of $10 per day with (30) thirty days total equaling Three Hundred
tvilars ($300).
ENDATION: Approve as submitted.
SSION RECOMMENDATION:
ON: Resolution No. R-95-118