HomeMy WebLinkAboutPW08-059 - Original - Colleen & Marco Desimone - Lease Agreement for 24955 Frager Rd S - 08/28/2008 EXHIBIT
LEASE AGREEMENT
THIS LEASE is entered into the date fully executed by and between the CITY OF
KENT hereinafter called the "Owner," and MARCO DESIMONE and COLLEEN DESIMONE,
hereinafter called the "Tenant."
1. PREMISES. The Owner hereby leases to the Tenant the house located on King County
Tax Parcel No. 2322049029, known as 24955 Frager Road S., Kent, Washington 98032. The
area so leased is hereinafter called "the premises" and is legally described in Exhibit "A"
attached hereto and incorporated herein by this reference.
2. USE. Tenant shall use the premises for a personal residence. 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 begin upon the Closing of the sale of the premises
between Owner and Tenant and shall continue until .SEf7 /9,o&gOE, a date thirty (30)
days after Closing.
4. RENT. No rent shall be paid for the thirty (30) day term because the consideration for
this Lease Agreement was calculated into the purchase price of the sale between Owner and
Tenant.
S. 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.
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.
S. 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
performs 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 agree 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.
LEASE AGREEMENT— Page 1 of 4
(between the City of Kent and Marco and Colleen Desimone) (April 2, 2008)
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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.
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. 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 this Lease shall be terminated and Owner shall not be obligated to provide Tenant
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 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: Property Management
220 Fourth Avenue South
Kent, Washington 98032
(253)856-5700
LEASE AGREEMENT—Page 2 of 4
(between the City of Kent and Marco and Colleen Desimone) (April 2, 2008)
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TENANT: Marco Desimone and
Colleen Desimone
24955 Frager Rd. S.
Kent, WA 98032
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 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.
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 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 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.
During such tenancy Tenant 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 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.
23. COMMUNICATIONS. Tenant is responsible for all installation, operation, and
termination charges related to its own independent telephone system, including, but not
limited to, costs, expenses, and charges for telephone equipment and line charges, line
installation, inside wiring, re-configuration, and system repairs.
LEASE AGREEMENT—Page 3 of 4
(between the City of Kent and Marco and Colleen Desimone) (April 2,2008)
The foregoing conditions are mutually agreed to by the Owner and the Tenant.
TENANT: OWNER:
MARCO DESIMONE CITY OF KENT
By:
ate: 6 Print a sat so
Da D2
COLLEEN DESIMONE
Date: -D
P:\Civil\Files\OpenFiies\1265\Desimone-LeaseAgr04022008.doc
LEASE AGREEMENT-Page 4 of 4
(between the City of Kent and Marco and Colleen Desimone) (April 2, 2008)
EXHIBIT "A"
LE,GAI. DES,-RTP ' ON.
ortio d the;,fOl
' loV ng described Parcel A and B lying
'Thai p.
No ther y pf S 5.16', as,c6ndenmed in King County Court Cause
Number .744954'E ; c
PARCEL A:
That portion 5sf t* south •half of Sections 22 and 23, Township 22
North, RangeA East, iri King County, Washington, described as
follows: c
Commencing at a poet .which is :73.6,.x feet ';west, c;f' the southwest
corner of said Section 22;
Thence north 9052100" west 4 keet;
Thence north 59002'00" west 99, felt,;: ,`'' ••f
Thence•.._north 21059'00" west 270 feet,-' '. ;;
Thence youth 89°30'00" east 1220 feet; s•aid•'point' e ng bn the .
,easterly bank of said Mullen S1oug1T the easberlY paxich of said
.-Then'de in-.a northeasterly direction albAg
s` Mullen: Slough to a point which is 1332 feet ;horth end18d feet east
of: the: southwest corner of said Section 23;
Thenc-O south 89030,001, east 131.6 feet;
Thence nort.' ••OA25'00" east 164.7 feet;
-Thence &forth 50°24'00" east 340 feet;
T)ience;,South ,7?0 feet;
Thenc46 v�est;ot2j feet;
��ea2ce pouch 9Z5 feet, '•.
Thence west 290 feet to a point on the east bank of Mullen Slough;
Thence 'souhh''1of�et to a point on the south boundary line of said
Section u23;
Thence west,,,?•long the south line:'of Sections 23 and 22 to the point
of beginning;
EXCEPT that portion thereof:'within •the:maxgins of Frager Road No.
76;
AND EXCEPT that potta,Rn withiA si4cticin 22;
AND EXCEPT that portion condeigne,,d i3i Icing County Superior Cause No.
744954 for State Highway :',(SR 516) ; ;''"
AND EXCEPT all that portion .I.YIng;'southezly;of said state Highway
(SR 516) .
PARCEL B:
That portion of the south half of Section 23,-'-Towns`hiP* 22 NQrth,
Range 4 east, W.M. , in King County, Washington, deecrib6d'•as
follows: ;,,,
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commencing at a point which is 73.6 feet west of the southwest
corner of said section 23;
Thence north 9052'00" west 198.4 feet;
Theixcg north 5900210011 west 99 feet;
'fhence-, north 21°59'00" west 270 feet;
.,,-`Thence.' south 99030,00 east 1220 feet, said point being on the
eaatezly,bank, of a creek sometimes known as Mullen Slough;
Theme,:•1n a ** theaster'•ly direction along the easterly bank of said
mulled Slough to a�pbint which is 1332 feet north and 118G feet east
of tk e sputl}wes--r ,,,Of Section 23 and the TRUE POINT OF
':T Brice -south $9° 4'00",jes5't 133,-,.6:•,feet;
Thence jia 'th ,4D°25'00JJ,`:*tast iroii.7tfeet;
Thence north,'50?24'0011yeast S40-tereit;
Thence^xxgtth to th,0" southerly+,.bank of the Green River;
Thence westerl' along ,baid'"'�outhgrly bank to the easterly bank of
the aforesaid Mullen Slough
Thence southekly along ssLid�easterly b&.nk to the:TRUE POINT OF
BEGINNING; ;•``: ' Y
EXCEPT portion lying" within Fsager,ICounty, Road �To. 76.
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REQUEST FOR MAYOR'S SIGNATURE
K1EN T Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Phone (Originator):
Date Sent: � 8 Date Required:
Return Signed Document to: � CONTRACT TERMINATION DATE: NI
VENDOR NAME: DATE OF COUNCIL APPROVAL: �'/�� a
Brief Explanation of Document: / / n
�a i Fr'e�n b2�r v�eyt �' DLO C a 1�e�n b�Jr NZc�+Z GZ J
79i t r l w Z L
All Contracts Must Be Routed Through the Lary Department
(This Area to be Completed By the Law Department)
Received:
Approval of Law Dept.. -
Law Dept. Comments: i � _
. it � .
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments:
Disposition: Zd1 a4f n/-" -
Date Returned:
Iage5870
Kent City Council Minutes August 21,2007
H. JDElPeoplesA Server Upgrades. (CFN-1155) The Mayor was authorized to sign purchase
orders and all necessary contracts acceptable to the City Attorney to Hewlett Packard Corporation
in an amount not to exceed$130,000 for the purchase of hardware,maintenance agreements and
disc storage for the JDEIPeopleSoft Upgrade project.
I. Town Square Plaza Construction Inspection Agreement. (CFN-1298) The Mayor was
authorized to sign the agreement with SB&Associates, Inc for construction inspection of Town
Square Plaza for the amount of$61,340.00,upon terms and conditions approved by the City
Attorney.
J. Night Court Supplemental Budget Appropriation. (CFN-186) The supplemental budget
appropriation of up to$9,328 for the period October—December 2007 to fund night court sessions
was approved.
K. SE 256th Street Improvement Proiect Agreement. (CFN-1122) The Mayor was authorized
to sign the Transportation Improvement Board"Fuel Tax Grant Distribution Agreement"and
"Project Funding Status Form"for the SE 256`h Street Improvement Project,establish a budget for
the same,and direct staff to spend the money accordingly.
L. Surplus Vehicle and Equipment Disposal. (CFN-239) The Public Works Department was
authorized to dispose of nine vehicles,seven mowers,one snow plow,and nne trailer which are
surplus to the City's need.
M. Transit Service Agreement Amendment No.2. (CFN-171) The Mayor was authorized to
sign Amendment No. 2 to the Transit Service Agreement(Route 918)between the City of Kent and
King County,upon concurrence of the language therein by the City Attorney and Public Works
Director,extending the current Agreement from February 2008 until February 2009..
N. Lower Green River Property Acquisition. (CFN-239) Grants from the Salmon Recovery
Funding Board and the King County Conservation Futures Grant Program were accepted;the funds,
together with$180,000 in City matching funds to be used to acquire property necessary for the
enhancement of the Lower Green River,were authorized;all prior acts of the City related to the
funds were ratified,and the Mayor was authorized to sign the associated grant and purchase
agreements.
(REMOVED BY COUNCILMEMBER O'BRIEN)
O. King County Agreement for Services.Lower Green River Property Acquisition Proiect.
(CFN-239) The proposed action is to authorize the Mayor to sign an Agreement for Services with
King County to assist the city in acquiring properties in connection with the Lower Green River
Acquisition Project, upon concurrence of the language therein by the City Attorney and the Public
Works Director.
The City successfully applied for a$975,000 Salmon Recovery Funding Board grant and is to
provide$180,000 match funding, with King County and the Green River Flood Control District
providing$25,000 each. The grant was dedicated to the purchase of the Rosso Nursery,but the
City was unsuccessful in negotiating a price for the Rosso Nursery and afterward the Tuefel
Nursery. which ended up purchasing the Rosso Nursery.
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Kent City Council Minutes August 21, 2007
Public Works Director Blanchard explained that the Desimone, Flowers,Lotto and Koch properties
will provide the sahnon recovery habitat. and the City is in negotiations with the property owners
He noted that the City's match will actually be less than $180,000 because of a King County
Conservation Futures grant in the amount of$94,000 He noted for O'Brien that the property
owners have been approached about selling,and that the City is asking, as a part of one of the other
approvals, to have the assistance of King County in the final negotiations,since they have worked
closely with these property owners. It was clarified that the City,not the county,will own the
property, and that$1,205,000 has been available since 2003. Blanchard explained that the project
will work even if one of the property owners decides not to sell.
Clark moved to authorize the purchase of the properties known as the Desimone Property,the
r lowers-Property, and the Koch Property m part with grant funds from the Salmon Recovery
Funding ro—ard�or Lower Green River Acquisition as well as grant funds from the King County
Conservation Futures Grant Program O'Brien seconded Clark noted that this is part of an attempt
to establish the Wild Chinook Salmon and Bullhead Trout stocks The motion then earned.
(REMOVED BY COUNCILMEMBER O'BRIEN)
P Kent Events Center Floodplain Mitigation Proiect Funds. (CFN-1305) The Waste Action
Project,a citizen environmental group,has proposed giving the City funds to be used specifically
for fish and wildlife habitat and water quality projects in the City of Kent The city has a number of
projects in various stages of planning and design which include these types of features,incluchng
the Kent Events Center Floodplain Mitigation Project This project is located on the Boeing Creek
along S 212`h Street and 6`h Avenue South,and includes excavation of flood plain storage along the
channel.
O'Brien referred to a letter from Greg Wingard,Executive Director of the Waste Action Project,
offering to donate$15,000 from penalties assessed against Ralcorp Frozen Bakery Products,Inc.
and the Waste Action Project. He suggested delaying action on this item until he can do some
research.
Clark moved to authorize the Mayor to accept the$15,000 in funds and establish a budget for the
Waste Action Project to be used for fish and wildlife habitat and water quality features in the Kent
Events Center Floodplaxn Mitigation Project Albertson seconded and the motion earned with
O'Brien opposed.
Q. Washington Traffic Safety Commission Grant. (CFN-122) The Washington Traffic Safety
Commission(WTSC)a grant in the amount of$65,750 for the Kent Drinking Driver
Countermeasure Program was accepted This award begins July 1,2007 and ends June 30,2009.
R Department of Justice Weed and Seed Program Grant. (CFN-122) A grant in the amount
of$174, 845 from the Department of Justice for the FY2007 Weed and Seed Competitive Program
was accepted. The grant funding will be received yearly in increasing amounts over five years for a
total of one million dollars Kent's East Hill area has been designated as a Weed and Seed
Community Program. The grant program requires comprehensive strategies to address areas of
high serious and violent crime,drug abuse and gang activity.
OTHER BUSINESS
A. Amendment to Kent School District Agreement for Phoenix Academy. (CFN-118) The
City and the Kent School District have been working to modify provisions of the Joint Use
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