HomeMy WebLinkAboutL13-009 - Original - Robert Vincent - Rental Home by Clark Lake Park - 10/01/2004 CITY CLERK
CITY OF KENT
220 4"Avenue South
KENT Kent, WA 98032
W ASH 1NGTON Fax 253-856-6725
PHONE: 253-856-5725
Lease Agreement Cover Sheet
Instructions
This document is to be used in lieu of the Contract Cover Sheet
SECTION 1 — CONTRACT PROCESSING AND TENANT SET-UP:
All lease agreements must be signed by the Mayor or his/her designee and approved
by the City Council. Lease amendments, extensions, renewals, and assignments may
or may not require Council approval (contact the Law Department), but they must be
signed by the Mayor.
The City Clerk's Office will perform the following tasks associated with all lease
agreements and amendments:
• Assign a sequential lease agreement number based on starting with 001 and
preceded with "U', e.g. L001.
• Scan the Lease Agreement Cover Sheet, Lease Agreement (or Amendment) and,
if any, related supporting documentation into the document imaging system.
• Provide notification via e-mail to the Contact Person (Question 2), Law and
Customer Services.
The Lease Agreement Cover Sheet is to be completed for each existing and active and
all subsequent lease agreements, lease amendments and assignments of lease. There
is recognition that certain existing and active agreements and amendments may not
incorporate new policies, e.g. commencement of the lease on the 15` of the month or
year. Those agreements and amendments will be addressed through subsequent
agreements and/or amendments, if any.
Contract Number: L013-09
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Charlie Lindsey
Telephone Extension: 5081
3. Tenant (Customer) Name: Robert Vincent
4. Tenant (Customer) Number: 73863
Lease Cover Agreement Cover Sheet—Page 1 of 4
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5. General Ledger Account Number: 54006900.56290.5945
6. King County Tax Parcel Number: 212205-9003
7. Address of Parcel: 12651 Southeast 240th Street, Kent
8. Type of Lease: Rental Agreement - Residential Building Rental
9. Council Authorization Date: None
10. Mayor Signature Date: November 3, 2004
SECTION 2 - LEASE DURATION AND IMPORTANT DATES:
All lease agreements and amendments must reflect the lease start date, lease
termination date and the duration of the lease. The lease agreement may also
authorize the tenant to request an extension of the lease term, i.e. either "month to
month" or for a defined period of time. The tenant must provide advanced written
notice of the intent to exercise this lease option.
A date certain lease start date must be established in the lease agreement and must
be the first of the month. Commencement of certain leases may be predicated on
certain actions by the tenant, e.g. installation of cellular tower equipment. In such
instances, a reasonable fixed future date must be established in the lease agreement.
11. Lease Start Date: October 1, 2004
12. Tenant Lease Option Renewal Notification Due Date: N/A
13. Lease Termination Date: No set termination date: month-to-month rental
14. Lease Duration: October 1, 2004 until terminated by either party with at least
90 days written notice
SECTION 3 - RENT DETERMINATION AND DUE DATE:
Lease agreement must include provisions establishing the stated rent and, if over one
year in length, modification of stated rent. Typically, rental increases are based on
changes in the Consumer Price Index. Example of possible contract language:
Effective as of each anniversary of the Commencement date (the
"Adjustment Date") by an amount equal to the greater of four (4) percent
or the percentage Increase In the CPI two (2) months prior to the
Adjustment Date and the CPI for the month 12 months prior to the
Adjustment Date. "CPI" means the Consumer Price Index - All Urban
Consumers, (Seattle-Tacoma-Bremerton WA)), All Items base oeriod
1982-84=100, Not Seasonally Adjusted issued by the U.S. Bureau of Labor
Statistics. If the CPI is converted to a different standard reference base, or
otherwise revised, the adjustment set forth in this paragraph shall be made
with the use of the conversion formula published by the U.S. Bureau of
Labor Statistics.
Lease Cover Agreement Cover Sheet-Page 2 of 4
15. Rent: $700.00/month (includes leasehold excise tax)
16. Rent Due Date: 15t of the Month
17. Calculation of Rental Increase(s): Stated revised rent and/or basis of
increase not established in Rental Agreement. Rent may be increased after first
giving at least 30 days prior written notice.
SECTION 4 — LEASEHOLD EXCISE TAX:
Leasehold excise tax applies to the possession and use of publicly owned real property
by a private sector individual, business or other organization. This tax is calculated
based on 12.84 percent of the contract rent amount. See also Department of
Revenue Leasehold Excise Tax Frequently Asked Questions and Answers
(http://dor.wa.gov/docs/Pubs/IndustSpecific/Leasehold.pdf). Contact the Customer
Services Financial Analyst (LIDs/Receivables) or the Audit Manager regarding
questions in this area.
18. Is this lease subject to leasehold excise taxes?
® YES (go to Question 19)
❑ NO, reason:
19. Are leasehold excise taxes for this tenant centrally assessed,. i.e. directly
collected from the tenant by the Washington State Department of
Revenue?
❑ YES (attach written verification received directly from DOR or indirectly
through the tenant, e.g. DOR notification letter)
® NO (go to Question 20)
20. Does Lease Rent include Leasehold Excise Tax?
(Leasehold taxes must be broken out on the invoice and coded: Business
unit.32500.0303)
® YES Calculate the leasehold excise tax (Stated Rent divided by 1.1284)
❑ NO Calculate the leasehold excise tax (Stated Rent times .1284)
SECTION 5 — APPLICABLITY OF UTLITIES:
The Lease agreement must include provisions establishing responsibility for payment
of utilities, including but not limited to electricity, natural gas, water, sewer, storm
drainage, and garbage collection and disposal services.
In certain instances, the utility service may not be applicable, e.g. septic system, or
may not be provided by the City, e.g. Highline Water District service area. In all
instances, City utilities will be billed through the Customer Services utility billing
system. Other utilities paid by the City on behalf of the tenant, e.g. electricity or
natural gas, will be invoiced to the tenant through the central accounts receivable
system (JD Edwards).
Lease Cover Agreement Cover Sheet—Page 3 of 4
Electricity or natural gas charges may be established based on actual consumption,
e.g. usage of a meter or by a reasonable amount established through appropriate
financial analysis. Separate meters for measurement should not be established on
City-owned or leased properties. The dollar amount of electric and natural gas
charges must be included in the lease agreement (amendment) and should be subject
to future modification based on appropriate methodologies, e.g. change in rate, etc.
Contact Finance Customer Services for questions in this area, as well as ensuring that
City accounts are transferred into the name of the tenant.
21. Applicability of Utilities — Check all that utilities that are affected and
indicate provider (e.g. City of Kent), Account Number or basis of
exclusion.
❑ Does Not Apply
® Water: Soos Creek Water & Sewer District
® Sewer: Soos Creek Water & Sewer District
® Drainage: 311-15813.02 (effective February 19, 2009)
® Garbage: Allied Waste
® Electricity/Natural Gas: Puget Sound Energy
Ensure that Finance Customer Services is properly notified to ensure City utility
account, if any, is recorded into the name of the tenant if so established in the
Agreement. Ensure all other applicable charges are properly invoiced to the tenant.
SECTION 6 — MONETARY PENALTIES AND LATE INTEREST CHARGES:
Lease agreement should contain provisions establishing penalties and must contain
provisions establishing late interest charges. Late interest (also referred to as
"finance charges") should be consistent with Chapter 3.10 of the Kent City Code, i.e.
currently 1% of the amount of the unpaid balance or $2.00, whichever is greater, if
not paid within 30 days from the due date.
22. Monetary Penalties: None
23. Late Interest: None
SECTION 7 — OTHER LEASE CONSIDERATIONS:
None
Lease Cover Agreement Cover Sheet—Page 4 of 4
CITY OF KENT
RENTAL AGREEMENT WITH ROBERTARN9@N
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The CITY OF KENT, a Washington municipal corporation ("Lessor"), whose mailing
address is 220 Fourth Avenue South, Kent,Washington 98032, does hereby rent and lease
unto Robert Vinson ("Lessee"), whose mailing address is 12651 SE 2401h Street, Kent,
Washington 98031 for the use of the Lessee as a residence located at 12651 SE 240th
Street, Kent, King County, Washington 98031 (the "Premises"). This lease will be on a
month-to-month tenancy.
UPON THE FOLLOWING TERMS AND CONDITIONS:
1. Lessee agrees to pay as monthly rent in advance, the sum of Seven Hundred
Dollars and NO/100ths($700.00)including a State leaseholder tax beginning the 1st
day of October 2004, and continuing in advance on the 1st day of each month
thereafter until the termination of this Agreement. All payments are to be made
payable to the City of Kent and shall be received by the City's Finance Department
on or before the above due date.
a. Lessee shall a in addition to the above rent all charges for electricity,
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water, garbage, heat, telephone, and all other services supplied to the
Premises. All leasehold assessments and charges not specifically assumed
by the Lessor are the obligation of and payable by the Lessee.
b. The Lessee shall be responsible for maintaining the yard that surrounds the
rental house.
C. The Lessee shall make all minor repairs to the Premises necessary to
maintain the Premises in its current condition, except that the Lessor shall
maintain all electrical, plumbing, heating, and other facilities and appliances
supplied by Lessor in reasonably good working order.
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d. The Lessee shall not remove any fixtures,alter or make major improvements
to the Premises without prior written approval of the Lessor.
e. This Agreement may be terminated at any time by either party by giving
written notice ninety (90) days in advance of the end of a monthly rental
period.
f. Lessor may increase the rental rate at any time after first giving at least thirty
(30) days prior written notice to the Lessee that a rent adjustment is being
made. This notice shall include the amount of the adjusted rental rate and
the date the new rental rate will become effective. Failure or refusal by the
Lessee to pay the adjusted rental rate shall constitute a material breach of
this Agreement.
2. Upon taking possession of the Premises by the Lessor, either upon termination of
this Agreement or upon abandonment of the Premises by the Lessee, the Lessor or
its agent may remove from the Premises all personal property of the Lessee located
therein and place the same in storage at the expense and risk of the Lessee.
Personal property so stored shall be subject to the rules and regulations established
by the operator of the warehouse where the property is stored. Disposition of any
personal property shall be subject to the Residential Landlord-Tenant Act, Chapter
59.18 RCW.
3. Lessee agrees that Two Hundred Dollars and NO/100ths($200.00)shall be paid to
Lessor as a non-refundable cleaning deposit. These funds shall be paid to the
Lessor by December 31, 2004.
4. Lessee shall not assign this Lease or sublet any part of the Premises, without
Lessor's prior written consent. Lessee covenants that this Lease is entered into as a
principal and that he is not acting for any undisclosed principal. Lessee promises
and affirms that only the following persons will reside in the Premises:
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5. Lessee shall immediately establish, keep, and maintain the Premises in a neat,
clean, safe and sanitary condition at all times as the conditions of the Premises
permit, and at the end of the Lease, Lessee shall surrender the Premises and
dwelling to Lessor in a clean, good, and sanitary condition, reasonable use and
wear and tear excluded.
6. Lessee covenants to hold Lessor harmless from all claims, demands, causes of
action, judgments, attorney's fees, costs and expenses arising from or connected
with Lessee's use or occupancy of said Premises or the area adjacent thereto, and
from all claims, demands, causes of action,judgments, attorney's fees, costs and
expenses for property damage, bodily injuries or death suffered or caused in or
about said Premises or the area adjacent thereto,resulting directly or indirectly from
the acts or omissions of Lessee, or any agent or guests of Lessee.
7. Should the Premises be totally destroyed by fire, lightning, earthquake,or any other
casualty, this Agreement shall be deemed terminated. Should fire, lightning,
earthquake, or any other casualty partially damage the Premises, Lessor may elect
to terminate this Lease or to repair such damage. If Lessor elects to repair,the rent
shall be abated in the same ratio which that portion of the Premises rendered for the
time being unfit for occupancy and not used or occupied by Lessee shall bear to the
whole Premises, unless the foss was occasioned by Lessee's actions in which case
no abatement shall occur.
8. This Agreement contains all the agreements and conditions made between the
parties hereto pertaining to the rental of the Premises and may not be modified
orally or in any other manner other than by an agreement in writing signed by all
parties hereto. The receipt of rent by the Lessor with knowledge of any breach of
this Rental Agreement by the Lessee or of any default on the part of the Lessee in
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the observance or performance of any of the conditions or covenants of this
Agreement shall not be deemed to be a waiver of any provision of this Agreement.
No failure on the part of the Lessor to enforce any covenant or provision herein
contained, nor any waiver of any right thereunder by the Lessor, unless in writing,
shall discharge or invalidate such covenant or provision or affect the right of the
Lessor to enforce the same in the event of any subsequent breach or default.
9. Lessee shall properly dispose of all rubbish, garbage, and other organic or
flammable waste, in a clean and sanitary manner at reasonable and regular
intervals, and Lessee shall assume all costs of extermination and fumigation for
infestation caused by Lessee. Lessee shall not keep or harbor any pets or
domesticated animals within the residence or on the lease hold property, with the
exception of the following pets kept by Lessee:
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10. Lessee shall properly use and operate all electrical,gas heating system, plumbing,
and other fixtures and appliances supplied by the City.
11. Lessee agrees that the existing locks for the Premises are reasonably adequate and
that, upon termination of the tenancy, Lessee shall return all keys in his possession
to the Lessor.
12. Lessee acknowledges that he has personally tested the smoke detection devices
installed in the Premises and that they are operable and in good working order.
Lessee shall maintain the smoke detection device in accordance with the
manufacturer's recommendations, including the replacement of batteries as required
for the proper operation of the smoke detection device.
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13. Lessor reserves the right to make periodic inspections and necessary repairs to the
Premises upon two (2)days notice to the Lessee and to come on to the Premises
with or without such notice to make necessary emergency repairs to the Premises.
14. For the purposes of this rental agreement, the Lessor's address is the City of Kent,
220-0 Avenue South, Kent, Washington 98032. The landlord's representative for
Lessee to contact is Rosalie Givens (253) 856-5080.
15. The Lessee hereby agrees to be responsible for and reimburse in full, the Lessor,
forany costs or attorney fees allowable under RCW Chapter 59.18 which may arise
from legal action the Lessor may bring to enforce this Agreement.
LESSEE: CITY OF KENT
Robert Vlasw Lessee Ji hite, Mayor
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DATE: DATE:
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APPROVED AS TO FORM:
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Kent Law Department
Any modification requires approval of City Attorney
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EXHIBIT A
CITY OF KENT
RENTAL AGREEMENT WITH ROBERT YMBO1'
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Lessee acknowledges that he has personally tested the smoke detection devices
installed in the Premises and that they are operable and in good working order.
Lessee shall maintain the smoke detection device in accordance with the
manufacturer's recommendations, including the replacement of batteries as required
for the proper operation of the smoke detection device.
Lessee acknowledges that failure to comply shall result in a fine of not more than
Two Hundred Dollars and NO/100ths ($200.00) pursuant to RCW 48.48.140(4).
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