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HomeMy WebLinkAboutPK04-274 - Original - David N. & Mary L. Uhler - Garage Lease Agreement - 06/14/2004 LEASE AGREEMENT THIS LEASE is entered into the date fully executed by and between the CITY OF KENT, a Washington municipal corporation, hereinafter called the "Owner", and DAVID N. and MARY L.UHLER,hereinafter called the "Tenant". 1. PREMISES The Owner leases to the Tenant the garage located on King County Tax Parcel No. 2522049008. The area so leased is hereinafter called "the premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. 2. USE Tenant shall use the premises for storage. No use shall be made of premises,nor act done in or about premises, which is illegal, unlawful, or which will increase the existing rate of insurance upon the premises. Tenant shall not commit or allow to be committed upon premises, any waste or any public or private nuisance. Tenant will comply, at Tenant's own cost and expense, with all reasonable orders, notices, regulations or requirements of any municipality, state or other governmental authority respecting the use of the premises. 3. TERM The term of this lease shall be until December 31,2005. 4. RENT The rental value of the premises was included in the consideration of the sale between Owner and Tenant. Therefore,no further rent will be collected. 5. TAXES Tenant shall pay any tax that this Lease, or the interest created thereby, may be subject to at any time during the term of the Lease or renewal thereof. 6. RE-DELIVERY Tenant, at the expiration of the term in section 3, any extension of the term, or upon any sooner termination of this Lease, will, without notice, quit and deliver up said premises to the Owner peaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by Owner,reasonable use and wear thereof excepted. LEASE AGREEMENT—Page 1 of 6 (between City of Kent and David N. and Mary L Uhler Re Garage) 7. CONDITION OF THE PREMISES The parties acknowledge that the premises are being leased to Tenant for Tenant's convenience. The premises are being leased"as is". Owner is not obligated to make any repairs to the premises. All necessary repairs to maintain the condition of the premises, minus reasonable wear and tear shall be paid by Tenant. 8. REPAIRS AND ALTERATIONS Tenant shall not make any alterations, additions or improvements to said premises, without the consent of Owner in writing first, which shall not be unreasonably withheld. All alterations, additions and improvements that are made, shall be at the sole cost and expense of Tenant. All improvements shall become the property of the Owner except for improvements that Owner, at Owner's option, agrees are the property of Tenant, or improvements that Owner requests Tenant to remove at termination. If the Tenant shall perform work with the consent of the Owner, Tenant agrees to comply with all laws, ordinances,rules,regulations of the appropriate City or County, and any other authorized public authority. The Tenant further agrees to save the Owner free and harmless from damage, loss or expense arising out of the said work. Tenant agrees that Owner has the right,but not the duty,to make alterations to the premises. 9. UTILITIES Tenant shall pay for all utilities provided to the premises. 10. INSURANCE The Tenant shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with Tenant's use of the premises. Tenant shall name Owners as an additional insured on this policy, subject to notice to Owner thirty(30)days prior to cancellation. 11. INDEMNIFICATION/HOLD HARMLESS The Tenant shall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Lease, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Owner, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. The provisions of this section shall survive the expiration or termination of this Lease. LEASE AGREEMENT—Page 2 of 6 (between City of Kent and David N and Mary L. Uhler Re Garage) 12. LIENS AND INSOLVENCY Tenant shall keep the leased premises and property in which the leased premises are situated, free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. 13. ASSIGNMENT Tenant shall not assign this lease or any part thereof and shall not let or sublet the whole or any portion of the premises. This Lease shall not be assignable by operation of law. 14. ACCESS Tenant will allow Owner or Owner's agents free access at all reasonable times to said premises for the purposes of inspection, cleaning or making repairs, additions or alterations. This right shall not be construed as an agreement on the part of the Owner to make repairs, additions, or alterations. 15. DAMAGE OR DESTRUCTION In the event the premises or the building is damaged to such extent as to render the premises untenantable in whole or in a substantial part thereof, or is destroyed, the Tenant shall give Owner or Owner's agent immediate written notice thereof, and, it shall be optional with the Owner to repair or rebuild the same; Owner shall have not more than thirty(30) days after date of such notification to notify the Tenant in writing of Owner's intentions to repair or rebuild said premises,or the part so damaged as aforesaid. If Owner elects to repair or rebuild said premises, Owner shall prosecute the work of such repairing or rebuilding without unnecessary delay. If Owner elects not to repair or rebuild said premises this Lease shall be terminated. 16. NOTICES All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail,postage prepaid, by either registered mail or by regular mail with certificate of mailing obtained. Notices shall be mailed to the addresses below,or a later changed addressed provided in writing to the party: OWNER: City of Kent Attn: John Hodgson,Director Parks,Recreation and Community Services 220 Fourth Avenue South Kent, Washington 98032-5895 (253) 856-5100 LEASE AGREEMENT—Page 3 of 6 (between City of Kent and David N and Mary L. Uhler Re Garage) TENANT: David N. and Mary L.Uhler 16515 Auburn-Black Diamond Road SE Auburn, Washington 98092 (253) 833-7417 17. DEFAULT AND RE-ENTRY If Tenant shall violate,default or not comply with any of the material covenants, agreements or provisions of this Lease, then the Owner may cancel this Lease upon giving the notice required by law, and re-enter said premises,using such force as may be required. The failure of the Owner to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenant or agreements,but the same shall be and remain in full force and effect. 18. COSTS AND ATTORNEYS FEES If by reason of any default on the part of Tenant it becomes necessary for the Owner to use an attorney, or if Tenant shall bring any action for any relief agamst Owner, declaratory or otherwise, arising out of this Lease, the prevailing party shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be reasonable attorneys fees. 19. REMOVAL OF PROPERTY In the event of any entry in, or taking possession of, the leased premises, the Owner shall have the right, but not the obligation, to remove from the leased premises all personal property located therein. Owner may store the same in any place selected by Owner, including but not limited to a public warehouse, at the expense and risk of the owners of the personal property, with the right to sell such stored property in accordance with Chapter 59.18 RCW. 20. HEIRS AND SUCCESSORS Subject to the provision hereof pertaining to assignment and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. 21. HOLDOVER If the Tenant shall, with the written consent of Owner, holdover after the expiration of the term of this lease, such tenancy shall be for an indefinite period of time on a month to month tenancy, such tenancy may be terminated as provided by the laws of the State of Washington. LEASE AGREEMENT—Page 4 of 6 (between City of Kent and David N and Mary L Uhler Re Garage) During such tenancy Tenant agrees to pay to the Owner One Thousand Five Hundred Dollars($1500.00)per month and to be bound by all of the terms,covenants, and conditions of this Lease, so far as applicable. 22. SUBORDINATION Upon Owner entering into any financing or refinancing affecting the subject premises, Tenant agrees to execute documents within three (3) days of the request of Owner to subordinate this lease to any mortgage, (or deed of trust or other security) granted to a financing institution or other secured party or entity. The foregoing conditions are mutually agreed to by the Owner and the Tenant. TENANT: OWNER: DA N. LER CITY OF KENT a Was Mon on municip n By: DA N. UHL Print e: Date: Title: A124 Vo Date: / / —p MARY L. UHLER MARA(L. UHLER Date: 6f/ (Notary Public Acknowledgements Appear on Next Page) APPROVED AS TO F/ Kent Law Department LEASE AGREEMENT—Page 5 of 6 (between City of Kent and David N. and Mary L. Uhler Re: Garage) STATE OF WASHINGTON } }:ss. KING COUNTY } On the day of , 2004, personally appeared before me, to me known to be the , for the CITY OF RENT, a Washington municipal corporation, that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such municipal corporation, for the uses and purposes therein mentioned, and on oath stated that was duly authorized to execute such instrument. -Notary Seal Must Appear Within Thu Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this �day of( 2004, before me a Notary Public in and for the State of `'Vashington, personal appeared DAVID N. UHLER and MARY L. UHLER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument and acknowledged it to be their free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Seal Must Appear Within Thu Box- REOF, I have hereunto set my hand and official seal the day and ear Y ,'�> , a •�� spar <<��' s s.��I�,'•►a.�*•��d� NOT t c4 in and for the Stat Af Washmgte-A, MAiM ow My appomtmen xpues P\Cm'11F N0PMF'bY»OS20DCU66Ydc-GrmegeLeau dw LEASE AGREEMENT—Page 6 of 6 (between Cit l of Kent and David N and Mary L Uhler Re. Garage) EXHIBIT The land referred to in this commitment is situated in the State of Washington, and described as follows: The south 125 feet of the west 200 feet of the fnlln;g=•g; That portion of Governments Lots 2 and 6, Section 24, and of Government Lots 2 and 3 in Section 25, all in Township 22 North, Range 4 East, W.M. , in King County, Washington, described as follows: Beginning at the southwest corner of the Southwest Russell Donation Claim No. 41; Thence north 00045'00^ west 854.5 feet to the TRUE POINT OF BEGINNING; Thence north 00*45100" west 330 feet; Thence north 89015100" west 625 feet, more or less, to the center of the road; Thence southwesterly along said center line to a point bearing north 89015100" west from the TRUE POINT OF BEGINNING; Thence south 89°15.00" east 570 feet, more or less, to the TRUE POINT OF BEGINNING; EXCEPT any portion thereof lying within the T.S. Russell Road; and EXCEPT any portion lying within State Highway.