HomeMy WebLinkAboutL019-10 - Original - Rose Marie Lehmann - Residential: 13417 & 13425 SE 216th St, Kent - 08/01/2010 CITY CLERK
ZKE N T CITY OF KENT
WASHINGTON 220 4`h Avenue South
Kent, WA 98032
Fax 253-856-6725
PHONE: 253-856-5725
Lease Agreement Cover Sheet
This document is to be used in lieu of the Contract Cover Sheet
SECTION 1 — CONTRACT PROCESSING AND TENANT SET-UP:
Contract Number: L019-10 (to be completed by Clerk's Office)
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Charlie Lindsey
Telephone Extension: 5081
3. Tenant (Customer) Name: Rose Marie Lehmann
4. Tenant (Customer) Number: 294561
5. General Ledger Account Number: 54006900.56290
6. King County Tax Parcel Number: 1022059143 and 1022059011
7. Address of Parcel: 13417 & 13425 SE 216th St. Kent, Wa. 98042
8. Type of Lease: Lease Agreement Residental
9. Council Authorization Date: 5/18/2010
10. Mayor Signature Date: 7/29/2010
SECTION 2 — LEASE DURATION AND IMPORTANT DATES:
11. Lease Start Date: 8/1/2010
12. Tenant Lease Option Renewal Notification Due Date:
13. Lease Termination Date: 7/30/2011
14. Lease Duration: One Year
SECTION 3 — RENT DETERMINATION AND DUE DATE:
15. Rent: This Lease is for Leasehold tax only: 12.84% of $1,200 = $154.08 per
month
16. Rent Due Date: First day of the month
17. Calculation of Rental Increase(s): N/A
Lease Agreement Cover Sheet—Page 1 of 3
SECTION 4 — LEASEHOLD EXCISE TAX:
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 UTILITIES:
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:
❑ Sewer:
❑ Drainage:
❑ Garbage:
❑ Electricity/Natural Gas:
SECTION 6 — MONETARY PENALTIES AND LATE INTEREST CHARGES:
22. Monetary Penalties: equal to five percent (5%) of the leasehold tax
for any payment not paid within five (5) calendar days of when due.
23. Late Interest: Any amounts not paid when due shall bear interest until paid
at the rate of one percent (1%) per month.
SECTION 7 — OTHER LEASE CONSIDERATIONS:
Special lease considerations, e.g. non-monetary rent, etc Section 21 Holdover : If
the Tenant shall, without the written consent of Owner, holdover after the
Lease Agreement Cover Sheet—Page 2 of 3
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 110% ($1,320) per month of the rent paid prior to Tenant holding
over plus 100% leasehold tax on the rent and to be bound by all of the terms,
covenants, and conditions of this Lease, so far as applicable.
❑ None (check box if no considerations)
Lease Agreement Cover Sheet—Page 3 of 3
Pacific Northwest Title Company
116 Washington Ave N.
Kent,WA 98032
Phn- (253)520-0805
Fax- (253)520-0864
PACI FIc No THw 'T �I`ITLE Pt F r,
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VE .
AUG 0 4 2010
08/02/2010 , p ( F T
P.
City of Kent, a Washington Municipal
Attn: Kim Adams Pratt
220 4th Ave S.
Kent, WA 98032
RE: Our Escrow Number: 1122557 (ECS)
Property: 13425 Southeast 216th Street, Kent, WA 98042
Dear City of Kent, a Washington Municipal:
The above-referenced escrow transaction has been completed. We enclose the following:
Closing Statement-RETAIN FOR TAX PURPOSES
Check in the amount of$7 00
Original Lease Agreement
Sincerely,
Pacific Northwest Title Company
Pacific Northwest Title Company
116 Washington Ave N •Kent,WA 98032
Buyer's Final Settlement Statement
Revised After Settlement:Monday Aug 2, 2010 12:40 PM
Property: 13425 Southeast 216th Street,Kent,WA 98042 File No: 1122557
Officer: Cheree Santtnt/KDS
New Loan No:
Settlement Date: 07/30/2010
Disbursement Date: 07/30/2010
Print Date: 8/2/2010, 12 41 PM
Buyer: City of Kent, a Washington Municipal
Address: 220 4th Ave S ,Kent,WA 98032
Seller: Huse Estate and Trust
Address: 13417 SE 216th St,Kent,WA 98042
Charge Description Buyer Charge Buyer Credit
Consideration:
Total Consideration 1,550,000 00
Deposits in Escrow:
Recei t No 1506 on 07/30/2010 by City of Kent,a Washington Municipal 1,000,818 65
Adjustments;
Lease from Rose M Lehmann **net sale proceeds 14,400 00
Prorations:
Count Tax both Parcels 07/01/10 to 07/30/10 $8968 01/yr 737 10
New Loans :
Lender Rose Marie Lehmann Charlene H Nelson _
New Loan to File -Rose Marie Lehmann Charlene H Nelson 535,600 00
Title/Escrow Charges to:
Settlement or Closing Fee to Pacific Northwest Title Company$1,250 00 Sales Tax $1 l8 75 1,36875
Record Warrant Deed-First to Pacific Northwest Title Company 6900
Record Deed of Trust-First to Pacific Northwest Title Company 71 00
LEASE AGREEMENT
THIS LEASE is entered into the date fully executed by and between the CITY
OF KENT hereinafter called the "Owner", and Rose Marie Lehmann hereinafter
called the "Tenant".
1. PREMISES
The Owner leases to Tenant one (1) house and the covered arena located on
King County Tax Parcel No. 1022059143, located at 13417 SE 216th Street, Kent,
Washington, 98042, and King County Tax Parcel No 1022059011, all legally
described in Attachment "A" attached and incorporated into this Lease (the
"Premises").
2. USE
Tenant shall use the Premises for a personal residence and arena purposes
only. No use shall be made of the Premises, nor act done in or about Premises, which
is illegal, unlawful, violates zoning codes, or which will increase the existing rate of
insurance for the Premises. Tenant shall not commit, or allow to be committed upon
the 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 first day of the month following
Closing of the sale of the Premises between Owner, as buyer, and Tenant, as seller.
The sale was closed on July 30, 2010. This Lease shall continue for one (1) year.
Tenant may terminate this Lease sooner upon giving Owner twenty (20) days written
notice prior to the end of the month.
4. RENT
A. Monthly rent of $1,200 per month, through the term of the Lease, has
been included in the purchase price o f the Sale Agreement. Tenants hall pay
leasehold tax, which at this time is 12.84% (or $154.08 per month) to Owner on the
first of each month. If this lease is terminated prior to the one year expiration in
Section 3, neither Owner nor Tenant shall owe each other rent or leasehold tax for the
unexpired portion of the term.
B. Leasehold tax shall be paid in advance, on or before the first day of the
month during the Lease Term. Leasehold tax shall be mailed to:
LEASE AGREEMENT Page 1 of 10
(between the City of Kent and Lehmann)
City of Kent
Customer Services
220 Fourth Avenue South
Kent, WA 98032
C. Tenant shall pay Owner a late payment charge equal to five percent
(5%) of the leasehold tax for any payment not paid within five (5) calendar days of
when due. Any amounts not paid when due shall bear interest until paid at the rate
of one percent (1%) per month.
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 from Owner, quit and
deliver up the 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. TENANT'S 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 or continue
utilities services 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 the 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.
C. Appliances: Tenant shall promptly repair any appliances if the
malfunction was caused by Tenant.
D. Broken Glass: Tenant shall promptly replace any glass that is broken as
a result of the Tenant and his/her guest(s).
E. Yard: Tenant shall, at his/her expense, maintain the Premises by
watering, weeding, and overall conditioning the lawn, shrubs, trees, and landscaping.
F. 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.
LEASE AGREEMENT Page 2 of 10
(between the City of Kent and Lehmann)
G. Regular Maintenance: Regular maintenance of faucets, pipes, gutters,
furnace, roof, and chimney is the Tenant's obligation year round. Annual
maintenance of the roof will include such work as pressure washing and
replacement of loose or missing shingles.
H. Paint: Exterior surfaces shall be treated by the City on a life cycle
schedule every 5-7 years. Maintenance of interior surfaces shall be the
responsibility of the Tenant.'
I. Dangerous Conditions: Tenant shall immediately notify the Owner of
any dangerous condition that might lead to the impairment of the value of the
Premises.
J. Insurance: Tenant shall procure and maintain renter's insurance in
connection with Tenant's use of the Premises.
S. 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. 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 Tenant, the Owner shall have no
obligation to repair said defect, and the Tenant shall immediately repair the defect at
Tenant's cost. The Tenant shall have no defense against the Owner to remedy the
defective condition. This applies also where Tenant unreasonably fails to notify the
Owner of the condition or allow Owner access to the Premises for the purpose of
repair.
10. ALTERATIONS
Tenant shall not make any alterations, additions or improvements to the
Premises, without obtaining 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 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 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
governing authority. The Tenant further agrees to save the Owner free and harmless
from damage, loss or expense arising out of said work.
LEASE AGREEMENT Page 3 of 10
(between the City of Kent and Lehmann)
11. INDEMNIFICATION/HOLD HARMLESS
Tenant s hall 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 shall be liable hereunder, except to the extent the liability is
attributed to Owner's negligence. The provisions of this Section shall survive the
expiration or termination of this Lease.
12. LIENS
Tenant shall keep the leased Premises 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. Tenant shall not let or
sublet the homes on the Premises. Tenant may not sublet the arena. 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 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.
1S. 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 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 the Premises, or the part damaged. If Owner
elects to repair or rebuild the Premises, Owner shall prosecute the work of 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
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,
LEASE AGREEMENT Page 4 of 10
(between the City of Kent and Lehmann)
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: Parks & Community Services Director
220 Fourth Avenue South
Kent, Washington 98032
(253) 856-5700
TENANT:
pp<4r=- MA O g 341 :7 �N�In�t�iN
_ 1
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 the 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, each p arty shall be
responsible to pay its own attorney fees and costs.
19. REMOVAL OF PROPERTY
In the event of any entry in, or taking possession of, the Premises, the Owner
shall have the right, but not the obligation, to remove from the 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.
LEASE AGREEMENT Page 5 of 10
(between the City of Kent and Lehmann)
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, without 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 110%($1,320) per month of the rent paid prior to Tenant holding over plus
100% leasehold tax on the rent 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,
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(s): OWNER:
CI (ENT
Print Name LQ_hrna_rJrX S et Cooke
Date: Mayor
Date: A0
LEASE AGREEMENT Page 6 of 10
(between the City of Kent and Lehmann)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this 2zg day of 2010, bef�AA�re me a Notary Public in and for the
State of Washington, per all appeared KO�. GhVtQ, �,�1►'►1Gtm►� ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person who executed this instrument and acknowledged it to be his/her free and
voluntary act and deed for the uses and purposes mentioned in this instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereu to set my hand and official
seal the day and year first abo\IA w en.
NOTARY PUBLIC, in and for he at
�y Ave��u of Washington, residing at
My appointment expires ' _
LEASE AGREEMENT Page 7 of 10
(between the City of Kent and Lehmann)
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as Its Mayor, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned In the
foregoing instrument.
-Notary Sea!Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
/`!P BRIG�I����
' NOTARY PUBLIC, in and for the State
A41B0 o of Washington, residing at
My appointment expires
// 9� "'�ry����8�a•�
//f 11101eWAS,(,\
P•\Civil\Files\Open Files\1469-HusePropertyAcquisition\Lease docx
LEASE AGREEMENT Page 8 of 10
(between the City of Kent and Lehmann)
Attachment A
Page 1 of 2
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22
NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN,
IN KING COUNTY, WASHINGTON,
THENCE SOUTH 1°10-49 WEST A DISTANCE OF 848.85 FEET TO THE TRUE POINT OF
BEGINNING,
THENCE SOUTH 1°10'49" WEST, 418 37 FEET,
THENCE SOUTH 89°04132" EAST, 45 00 FEET,
THENCE NORTH 45°51'35" EAST, 62 76 FEET,
THENCE NORTH 10°45'26" WEST, 264 27 FEET,
THENCE NORTH 9°57'42" WEST, 178 35 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF OF THE
SOUTHWEST QUARTER AND RUNNING THENCE EAST ALONG THE SOUTH LINE 40 RODS;
THENCE NORTH 20 RODS,
THENCE WEST 40 RODS,
THENCE SOUTH 20 RODS TO TEE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS-
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN,
IN KING COUNTY, WASHINGTON,
THENCE SOUTH 1°10149" WEST A DISTANCE OF 30 FEET TO THE TRUE POINT OF
BEGINNING,
THENCE SOUTH 1°10'49" WEST, 618 85 FEET,
THENCE NORTH 13°50'14" WEST, 114 38 FEET;
THENCE NORTH 2-16136" EAST, 119 91 FEET,
THENCE NORTH 5-03-27" WEST, 179 40 FEET,
THENCE NORTH 5-32116" WEST, 259 57 FEET,
j THENCE NORTH B°38'08" EAST, 155 90 FEET TO A POINT ON THE SOUTH RIGHT OF WAY
MARGIN OF SOUTHEAST 216TH STREET,
THENCE ALONG SAID MARGIN SOUTH 89°04114" EAST, 25.00 FEET TO THE TRUE POINT
j OF BEGINNING,
1
EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO RING COUNTY FOR 132ND AVENUE
SOUTHEAST BY DEED RECORDED UNDER RECORDING NUMBER 141716,
EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 216TH
STREET BY DEED RECORDED UNDER RECORDING NUMBER 2948529,
ALSO EXCEPT THE WEST 460 FEET OF THE NORTH 610 FEET OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION, TOWNSHIP
AND RANGE
LEASE AGREEMENT Page 9 of 10
(between the CO of Kent and Lehmann)
Attachment A
Page 2 of 2
THE NEST 460 FEET OF THE NORTH 610 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH,
RANGE S EAST, WILLAMETTE MERIDIAN, IN RING COUNTY, WASHINGTON, EXCEPT COUNTY
ROAD.
1
LEASE AGREEMENT Page 10 of 10
(between the City of Kent and Lehmann)