HomeMy WebLinkAboutPK07-096 - Original - Melvin & Karen Lake - 12665 SE 240th Street - 07/06/2007 LEASE AGREEMENT
THIS LEASE is entered into the date fully executed by and between the CITY OF
KENT hereinafter called the "Owner", and MELVIN HAROLD AND KAREN JOYCE LAKE,
husband and wife, whose mailing address is 12665 SE 240th Street , Kent, Washington,
98030, hereinafter called the "Tenants".
1. PREMISES
The Owner leases to Tenants the house and grounds located on King County Tax Parcel
No 2122059153 and 2122059157, located at 12665 SE 240th Street, Kent, Washington, and
legally described in Exhibit "A" incorporated into this Lease Agreement (the "Premises").
2. USE
Tenants shall use the Premises for a personal residence only. 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 for the Premises. Tenants shall not commit, or allow to be
committed upon the Premises, any waste or any public or private nuisance. Tenants will
comply, at Tenants' 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 for five (5) years, expiring on June 30, 2012. Tenant
may terminate this Lease sooner upon giving Owner twenty (20) days written notice prior to
the end of the month.
4. RENT
The rental value of the Premises was included in the consideration of the sale between
the Owner and the Tenants therefore, no further rent will be collected.
5. TAXES
Tenants 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.
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6. RE-DELIVERY
Tenants, 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 7
(between the City of Kent and Melvin and Karen Lake) (June 4, 2007)
7. TENANT OBLIGATIONS
a. Utilities: Tenant will pay, when due, all utilities (water, sewer, gas, garbage,
electricity, etc.). It is the obligation of the Tenant to set up utility services for at the
beginning of tenancy. Tenant is to pay the utility company directly. The Tenant is obligated
for all utilities until the last day of tenancy. Tenant shall cause no liens of record to be
placed upon said Premises because of delinquent utility charges.
b. Operation Of Appliances: Tenant shall properly use and operate all electrical,
gas, heating, and plumbing fixtures as well as appliances supplied by the Owner on the
premises.
b. Yard: Tenant shall, at his/her expense, maintain the premises by watering,
weeding, and overall conditioning the lawn, shrubs, trees, and landscaping.
C. Broken Glass: Tenant shall promptly replace any glass that is broken as a
result of the Tenant and/or his/her guest(s).
d. Appliances: Tenant shall promptly repair any appliances if the malfunction
was caused by Tenant.
e. Utility System: Tenant shall protect the plumbing system from freezing and
maintain the heating system, which includes regular changing of the furnace filters if
applicable.
f. Regular Maintenance: Regular maintenance of faucets, pipes, gutters furnace
and chimney is the Tenant's obligation year round.
g. Dangerous Conditions: Tenant shall immediately notify the Owner of any
dangerous condition that might lead to the impairment of the value of the Premises.
h. Insurance: Tenants shall procure and maintain renters insurance in connection
with Tenants' use of the Premises.
8. EXCEPTIONS FROM LEASE: The following items will not be repaired or replaced by
the Owner and remain on the Premises only for the convenience of the Tenant:
9. AGENT/OWNER OBLIGATIONS: Owner agrees to maintain the Premises
according to the laws of the State of Washington, and Federal agencies. However, if a
defective condition was caused directly or indirectly by the Tenant, his/her family, guest,
licensee, or any other person(s) acting under the control or direction of said Tenant, the
Owner shall have no obligation to repair said defect. The Tenant shall have no defense
against the Owner to remedy the defective condition. This applies also where Tenant
unreasonably fails to notify Owner of the condition or allow Owner access to the Premises
for the purpose of repair.
10. ALTERATIONS
Tenants shall not make any alterations, additions or improvements to the Premises,
without the consent of Owner in writing first, which shall not be unreasonably withheld Owner
does hereby consent to cosmetic alterations such as painting. All alterations, additions and
improvements that are made, shall be at the sole cost and expense of Tenants. All
improvements shall become the property of the Owner except for improvements that Owner,
at Owner's option, agrees are the property of Tenants, or improvements that Owner requests
Tenant to remove at termination. If the Tenants perform work with the consent of the Owner,
Tenants agrees to comply with all laws, ordinances, rules, regulations of the appropriate City
or County, and any other authorized public authority. The Tenants further agree to save the
Owner free and harmless from damage, loss or expense arising out of the said work. Tenants
LEASE AGREEMENT— Page 2 of 7
(between the City of Kent and Melvyn and Karen Lake) (June 4, 2007)
agree that Owner has the right, but not the duty, to make alterations to the Premises.
11. INDEMNIFICATION/HOLD HARMLESS
Tenants 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 Tenants and
the Owner, its officers, officials, employees, and volunteers, the Tenants' liability hereunder
shall be only to the extent of the Tenants' negligence. The provisions of this section shall
survive the expiration or termination of this Lease.
12. LIENS
Tenants shall keep the leased Premises free from any liens arising out of any work
performed, materials furnished, or obligations incurred by Tenants.
LEASE AGREEMENT— Page 3 of 7
(between the City of Kent and Melvin and Karen Lake) (June 4, 2007)
13. ASSIGNMENT
Tenants 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
Tenants will allow Owner or Owner's agents free access at all reasonable times to the
Premises for the purposes of inspection. 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. REPAIR OR REPLACEMENT
In the event the Premises is damaged to such extent as to render the Premises
untenantable in whole or in a substantial part thereof, or is destroyed, the Tenants 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 Tenants in writing of Owner's intentions to repair or
rebuild the Premises, or the part damaged. If Owner elects to repair or rebuild the Premises,
Owner shall prosecute the work of such repairing or rebuilding without unnecessary delay. If
Owner elects not to repair or rebuild the Premises this Lease shall be terminated and Owner
shall not be obligated to provide Tenants another facility to lease.
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 mad 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: Jeff Watling
220 Fourth Avenue S
Kent, Washington 98032
(253) 856-5700
TENANT:
Melvin and Karen Lake
12665 SE 240th Street
Kent, Washington 98030
(253) 631-5816
17. DEFAULT AND RE-ENTRY
If Tenants shall violate, default or not comply with any of the material covenants,
agreements or provisions of this Lease Agreement, 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.
LEASE AGR
EEMENT— Page 4 of 7
(between the City of Kent and Melvin and Karen Lake) (June 4, 2007)
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 Tenants it becomes necessary for the Owner
to use an attorney, or if Tenants shall bring any action for any relief against 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 attorney's 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 Tenants 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.
During such tenancy Tenants agrees to pay to the Owner One Thousand Five Hundred
Dollars ($ 1,500.00) 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 Premises, Tenants
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.
LEASE AGREEMENT- Page 5 of 7
(between the City of Kent and Melvin and Karen Lake) (June 4, 2007)
The foregoing conditions are mutually agreed to by the Owner and the Tenants.
TENANT: OWNER:
MELVIN HAROLD LAKE. CITY OF KENT
and KAREN JOYCE LAKE,
Husband and wife
By:
MELVIN HAROLD LAKE Print Name: o
Title: o
Date: o
KAREN JOYCE CAKE
Date: Zq T",e- 7�7
STATE OF WASHINGTON }
};ss.
KING COUNTY / }
On the LDS day o , 2007, 152_) o
personally appeared before me, o e In to be the f'Y� ►� for the CITY
OF KENT, a Washington munic' a rpor ion that executed the or going instrument, and
acknowledged such instrument to be the fr nd voluntary act an deed of such m^gnJ,cipal
corporation, for the uses and purposes therein mentioned, and on oath stated that`s
was duly authorized to execute such instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I ha hereunto set my and and official seal the day and
year first above written.
cAMrR �.�
soa
btARY RFiPti�,,LZ
a.0 a 0�_= NOTARY PUBAC, in an for the State of Washington
residing at���_4- 1 C.
P c My appointment expires �1 �I76p o[`i
qrF OF v,n
LEASE AGREEMENT—Page 6 of 7
(between the Oty of Kent and Melvin and Karen Lake) (June 4, 2007)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this�day of l�f� 2006, before me a Notary Public in and
for the State of Washington, personally appeared MELVIN HAROLD LAKE and KAREN
JOYCE LAKE, husband and wife, 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 Withrn This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
NOtoiy Pam
"0601WC00 plop
NOTARY PUBLIC
My AppOM11n�NM E�goNw Mo12,Z • in and for the State of Washington
residing at ] J`t
]My
appointment expires — Z — I(
P\Civil\Flies\OpenFiles\0807\Lake-House-Lease doc
LEASE AGREEMENT—Page 7 of 7
(between the City of Kent and Melvin and Karen Lake) (June 4, 2007)
EXHIBIT "A"
That portion of Lot 2, King County Short Plat Number 674032,
recorded under Recording Number 7708030801, said short plat being a
portion of the east half of the northwest quarter of the northeast
quarter of Section 21, Township 22 North, Range 5 East, W.M. , in
King County, Washington, lying south of a line parallel to and 949,
feet south of north line of said northeast quarter;
EXCEPT the westerly 330 feet of the south 55 feet of said Lot 2;
TOGETHER WTH the south 110 feet of the east 135 feet of that portion
of Lot 2, of said King County Short Plat Number 6740432, recorded
ufiuer Recoruinq Nuuuier 77080308011 iy liiy ilOi tii of a iiii@ paraiiei tO
and 949 feet south of north line of the northeast quarter of said
Section;
TOGETHER WITH an easement for ingress, egress and utilities, over
the east 30 feet of Lot 2 of said short plat, lying north of a line
parallel to and 949 feet south of the north line of the northeast
quarter of said Section;
EXCEPT the south 110 feet of the east 135 feet thereof.
a