HomeMy WebLinkAboutPW11-142 - Original - Lannoye - Lease Agreement - East Hill Operations Center - 08/30/2011 O ecords Mamaigemenft", ,
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Lannoye
Vendor Number:
JD Edwards Number
Contract Number: 3 jU i — I q 02.
This is assigned by City Clerk's O ice
Project Name: East Hill Water resevoir — d 2p/ 08
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 8-31-2011 Termination Date: 11-30-2011
Contract Renewal Notice (Days): 120
Number of days required notice for termination or renewal or amendment
Contract Manager: Ingrid Willms-Dixon/Ken Langholz Department: PW-
Design/Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
12436 SE 248t st, Kent
NE 21-22-5
tax parcel numbers 212205-9122; 212205-9177; and 212205-9099
S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11108
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
FLOYD D. LANNOYE AND DORIS I. LANNOYE, husband and wife, hereinafter
collectively called the "Tenant".
1. PREMISES
The Owner leases to Tenant one house and surrounding property, located on
King County Tax Parcel Nos. 2122059122, 2122059177 and 2122059099, legally
described in Attachment "A," attached and incorporated into this Lease (the
"Premises").
2. USE
Tenant shall use the Premises for personal residence purposes only. No use
shall be made of Premises, or 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 August 30, 2011. This Lease shall continue
for three (3) months, ending November 30, 2011. Tenant may terminate this Lease
sooner by providing with Owner seven (7) days' written notice. Owner may terminate
this Lease sooner by providing Tenant with twenty-one (21) days' written notice.
4. RENT
A. Tenant shall pay monthly rent of $500.00 per month ("Rent") to Owner
on or before the first day of each month through the term of the Lease. Rent shall be
prorated should Tenant or Owner terminate the Lease early, as provided in Section 3.
B. In addition to Rent, Tenant shall pay leasehold tax, which at this time is
12.84% (or $64.20 per month), to Owner on or before the first day of the month
during the term of the Lease.
C. Rent and leasehold tax shall be mailed to:
City of Kent
Customer Services
220 Fourth Avenue South
Kent, WA 98032
LEASE AGREEMENT Page 1 of 7
(between the City of Kent and Floyd D. and Dons L Lannoye)
D. Tenant shall pay Owner a late payment charge equal to five percent
(5%) of the amount due 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.
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 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. Owner and Tenant shall arrange a meeting at the
property for an exchange of keys and Tenant shall provide Owner with information
regarding the location of the electrical panel and well house instruction.
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 is responsible for the repair or replacement of any
broken appliances on the Premises. Owner is not responsible for repair or
replacement of any appliances.
D. Broken Glass: Tenant shall promptly replace any glass that is broken on
the Premises.
E. Yard: Tenant shall, at Tenant's expense, maintain the Premises by
watering, weeding, and overall conditioning the lawn, shrubs, trees, and landscaping.
F. Utility System: Tenant shall protect the septic and plumbing system
and maintain the heating system, which includes regular changing of the furnace
filters if applicable. Owner is not responsible for repair of broken pipes, or failure of
heating, septic or plumbing systems.
G. Regular Maintenance: Regular maintenance of faucets, pipes, gutters,
furnace, roof, and chimney is the Tenant's obligation year round. Regular
LEASE AGREEMENT Page 2 of 7
(between the City of Kent and Floyd D. and Dons L Lannoye)
maintenance of the roof will include such work as annual 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. 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.
9. 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 at the termination of the Lease, 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.
10. INDEMNIFICATION MOLD HARMLESS
Tenant shall defend, indemnify and hold the Owner, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in
connection with the performance of this Lease, except for that portion of 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,
LEASE AGREEMENT Page 3 of 7
(between the City of Kent and Floyd D. and Doris L Lannoye)
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 foregoing
includes, without limitation, injury or damage to the person or property of Tenant or
any third party. The provisions of this Section shall survive the expiration or
termination of this Lease.
11. LIENS
Tenant shall keep the leased Premises free from any liens arising out of any
work performed, materials furnished, or obligations incurred by Tenant.
12. ASSIGNMENT
Tenant shall not assign this Lease or any part thereof. Tenant shall not let or
sublet the home on the Premises. This Lease shall not be assignable by operation of
law.
13. 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.
14. 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.
15. 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: Public Works Director
400 West Gowe Street
Kent, Washington 98032
(253) 856-5500
LEASE AGREEMENT Page 4 of 7
(between the City of Kent and Floyd D. and Doris L Lannoye)
TENANT:
Floyd D. and Doris I. Lannoye
12436 SE 2481h Street
Kent, WA 98030
(253) 631-5937
16. 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.
17. VENUE, COSTS AND ATTORNEYS FEES
This Lease shall be governed and construed in accordance with the laws of the
State of Washington. If the parties are unable to settle any dispute, difference or
claim arising from the parties' performance of this Lease, the exclusive means of
resolving that dispute, difference or claim, shall only be by filing suit exclusively under
the venue, rules and jurisdiction of the King County Superior Court, King County,
Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of
this Lease, each party shall pay all of its legal costs and attorney fees incurred in
defending or bringing such claim or lawsuit, including all appeals, in addition to any
other recovery or award provided by law; provided, however, nothing in this
paragraph shall be construed to limit Owner's right to indemnification under Section
11 of this Agreement.
18. 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.
19. 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.
LEASE AGREEMENT Page 5 of 7
(between the City of Kent and Floyd D. and Doris L Lannoye)
20. 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% ($550.00) 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.
21. 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:
CITY OF I T
Print Name: Floyd D. Lannoye uz e oke
Date: L i Its a'
te: 30 1/
Print Name: Doris I. Lannoye
Date: P- a 6 -
LEASE AGREEMENT Page 6 of 7
(between the City of Kent and Floyd D. and Doris L Lannoye)
Attachment A
Legal Description:
PARCEL A:
The west 173 2 feet of the south 264 feet of the east half of the west half of the southwest quartet of the northeast
quarter of Section 21,Township 22 North,Runge 5 East,W M.,King County,Washington,
EXCEPT the east 79 01 feet thereof,
AND EXCEPT that portion lying south of the north margin of Southeast 248tb Street,as established by deed
recorded under Recording No 5945351
PARCEL H'
The eau 79 01 feet of the west 173.2 feet of the south 264 feet of the east half of the west half of the southwest
quarter of the noitheast quarter of Section 21,Township 22 North,Range 5 East,W,M,King County,Washington,
EXCEPT that portion lying south of the north margin of Southeast 248th Street,as established by deed recorded
under Recording No 5845351
PARCEL C.
The south 264 feet of the east half of the west half of the southwest quarter of the northeast quarter of Section 21,
Township 22 North,Range 5 East,W M.,King County,Washington,
EXCEPT the west 173 2 feet thereof,
AND EXCEPT that portion lying south of the north margin of Southeast 248th Street,as established by deed
recorded under Rep ording No.584535 t,
ALSO the east 15 feet of the south 909 feet of the west half of the southwest quarter of the northeast quarter of said
Section 21,
EXCEPT the south 264 feet thereof,
ALSO the east 30 feet of the west half of the southwest quarter of the northeast quarter of said Section 21;
EXCEPT the south 909 feet thereof
Tax Account Number:
212205.9099-07,212205-9122-09 and 2 1 22 05-91 77-02
i
LEASE AGREEMENT Page 7 of 7
(between the City of Kent and Floyd D, and Doris L Lannoye)
REQUEST FOR MAYOR'S SIGNATURE
KEN T Please Fill in All Applicable Boxes
WASH I N C-CN
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator 1 r t ;, Phone (Originator) �;�
! , ` �, _
Date Sent } / Date Required 9�i ' r
Return Signed Document to .,r - �CONTRACT TERMINATION DATE:
VENDOR NAME: 1 ,r �A� DATE OF COUNCIL APPROVAL:
Brief Explanation of Document
/ 1
lt�rl i jJCtt �--
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All Contracts Must Be Routed Through the Law Department
(This Area to be Completed 8v the Lair Department)
Received: V# 1�
12,1111 RECEIVED
Approval of Law Dept :
Law Dept. Comments: ,al)G 3 ) 20i1
City of Kent
Office of the Mayor
Date Forwarded to Mayor
Shaded Areas to Be Completed by Administration Staff7 7F)
U 1
Received.
AUG 3R2011
Recommendations & Comments- CITY or 4[J
C'T� CLERK
Disposition:
11 IV61 �n
Date Returned.
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