HomeMy WebLinkAboutL17-079 - Original - Martin, Glen D and Neri N - Contract - 1/5/17 CITY CLERK
KE CITY OF KENT
NT W.s'l..a T 0. 220 41h 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: L I � - 0-71
1. Responsible Department/Division: Parks Planning & Development
2. Contact Person and Title: Brian Levenhagen
Telephone Extension: 5116
3. Tenant (Customer) Name: Martin, Glen D. and Meri N.
4. Tenant (Customer) Number: N/A
5. General Ledger Account Number: N/A
6. King County Tax Parcel Number: 202205-9239
7. Address of Parcel: 10822 SE 248th Street
8. Type of Lease: Residential
9. Council Authorization Date; 11/15/16
10. Mayor Signature Date: 11/29/16
SECTION 2 - LEASE DURATION AND IMPORTANT DATES:
11. Lease Start Date: 1/5/17
12. Tenant Lease Option Renewal Notification Due Date: None
13. Lease Termination Date: 7/4/17
14. Lease Duration: 6 months
SECTION 3 - RENT DETERMINATION AND DUE DATE:
15. Rent: $2,000
16. Rent Due Date: N/A
17. Calculation of Rental Increase(s): N/A
Lease Agreement Cover Sheet—Page 1 of 2
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: N/A
23. Late Interest: N/A
SECTION 7 - OTHER LEASE CONSIDERATIONS:
Special lease considerations, e.g. non-monetary rent, etc All rent paid in advance,
deducted from purchase price for city to acquire. Tenants stayed less than 1 month
after purchase closing date and received pro-rated amount back at closing. No
option to renew as house will be demolished for new YMCA in Morrill Meadows Park.
❑ None (check box if no considerations)
Lease Agreement Cover Sheet—Page 2 of 2
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LEASE AGREEMENT
THIS LEASE is entered into as of the Effective Date, as defined below,by and between
the CITY OP KENT ("Owner"), and Glen D. and Merl N. Martin, husband and wife
("Tenant").
1. PREMISES
The Owner leases to Tenant one single-family house and the surrounding grounds
located on Kfng County Tax Parcel No. 202205-9239, located at 10822 SE 248",Street, Kent,
Washington, 98030, and legally described In Attachment "A" attached and Incorporated
hereby Into this Lease by reference(the"Premises"),
2. USE
Tenant shall use the Premises for personal residence purposes only, No use shall be
made of Premises, nor act done in or about Premises, that Is illegal or unlawful under any
local, state or federal law, that violates the city of Kent Zoning Code, or that 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 January 4, 2017. This Lease shall continue for 6 months from the date thereof,
terminating at 11:59 p.m.on July 4, 2017; provided that Tenant may terminate this Lease
sooner upon giving Owner 20 days written notice prior to the end of the month In which
Tenant desires to terminate the Lease.
4. REM7
Tenant Is responsible for monthly rent of$2,000 per month, plus leasehold tax at the
rate of 12.84%, for a total cost of $2,256,80 per month for each month during which this
Lease remains in effect. The total rent and leasehold tax due for the entire term of this Lease
was deducted from Tenant's sale proceeds at closing. If Tenant terminates this lease prior to
Its expiration date, Owner will reimburse Tenant a pro-rata share of the rental cost due for the
unexpired rental period.
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S. TAXES
Tenant shall pay any tax Including, but not limited to, leasehold excise 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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LEASE AGREEMENT-1
(between City of Kent and Glen D. and Neri N. Martin)
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6. RE-DELIVERY
Tenant, at the expiration of the term in Section 3, any extension of the term, or upon j
any sooner termination of this Lease, will, without notice, 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. l
7. TENANT'S OBLIGATIONS
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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 utility services at the
beginning of tenancy. Tenant Is to pay all utility companies directly. The Tenant Is obligated i
for all utilities until the last day of tenancy. Tenant shall cause no liens of record to be placed i
upon the Premises because of delinquent utility charges.
S. 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 repalr 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 any activity by the Tenant or any of Tenant's guests or invitees.
E. yid: Tenant shall, at Tenant's own 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.
G. gggglar 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 Owner on a life cycle schedule
every 5-7 years. Maintenance of interior surfaces shall be the sole responsibility of the
Tenant. {{
I. Dgirtaerous Conditions: Tenant shall Immediately notify the Owner of any I
dangerous condition that might lead to the Impairment of the value of the Premises. I
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J. Insurance; Tenant shall procure and maintain renter's Insurance in connection
with Tenant's use of the Premises, In a form and in an amount acceptable to both the City
Attorney and the City's Risk Manager. l
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LEASE AGREEMENT- 2 i
(between City of Kent and Glen O.and Merl N.Martin)
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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,Tenant's family, guests, licensees, or any other person acting under
the control or direction of 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 falls to notify the Owner of the condition or allow
Owner access to the Premises for the purpose of repair.
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10. ALTERATIONS
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Tenant shall not make any alterations, additions or improvements to the Premises
without obtaining the consent of Owner in writing first, which consent 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.
It. INDEMNIFICATION MOLD HARMLESS
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 terral nation 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
single-family dwelling existing on the Premises. This Lease shall not be assignable by
operation of law.
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LEASE AGREEMENT-3
(between City of Kent and Glen 0.and Meri N. Martin)
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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.
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 Tenant
shall give Owner or Owner's agent immediate written notice thereof, and, it shall be the sole
option of Owner to repair or rebuild the same. Owner shall have not more than thirty 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 begin 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, by either
registered mail or by regular mail with certificate of mailing obtained. Notices shall be malled
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:
Glen D and Merl N. Martin
10822 SE 24811 Street
Kent,Washington 98030
(253)347-2299
V. 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.
LEASE AGREEMENT-4
(between City of Kent and Glen D.and Meri N.Martin)
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19. CSTS 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 shelf bring any action for any relief against Owner,declaratory or
otherwise,arising out of this Lease,each party shall be responsible for Its awn attorney's fees.
19. REMOVAL OF PROPERTY
In the event of any entry In,or taking possession of,the Promises,the Owner shall
have the right, but not the obilgatlon,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 ownea or the personal property,
with the tight to sell such stored property In accordance with Chapter 59.18 RC%V.
10. HEIRS AND SUCCESSORS i
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 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,and 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%($ 2,200) per
month of the rent paid prior to Tenant holding over,plus 1ao%leasehold tax on the rent,and
agrees 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 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 seared party or entity.
23. EFFECTIVE DATE i
The foregoing conditions are mutually agreed to by the Owner and the Tenant,and this
Lease shall take effect on the last date signed below("Effective Date").
TENANT: OWNER: "
CIT FiCEpiT
t Name: Glen Q,,n�a tin 7 1� gr[ Nam—:Suzette Cooke
Print ame: MCLIlMartin
Date: Zf`JT—
LEASE AGREEMENT-S
(between City of Kent and Van D.and Ned N.Martin)
t.:
STATE OF WASHINGTON }
ss.
COUNTY OF KING )
On this day of��1' ll , 201-7, before me a Notary Public in and
for the State of Washington, personally i6ppeared Glen D. Martin, 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 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 hereunto set my hard and official seal the I
day and year first above written.
FNO
A'n MILLS
ARY PUtOF WASNINGtONOTKIF PUBLIC,in and for StateISSION EXPIRES of Washington,residing at UARY 23.2017 My appointment expires _ - 1
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STATE OF WASHINGTON )
)ss. I
COUNTY OF KING ) l
On this_�_) day of J,11,11111hk , 201_�? before me a Notary Public In and `
for the State of Washington, personally a peared Merl N. Martin, 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 her free and voluntary act and deed for the uses and 1
purposes mentioned in this instrument. j
-Notary Seal Must Appear Wlthlo This Box-
IN WITNESS WHEREOF,I have hereunto set my hand and officlal seal the
day and year first above written.
JULIE MILLS
NOTARY PUBLIC
SWE OF WASHINGTON l�
COMM!SS!ON EXPIRES NO ARY-PUBLIC,In and forte t�o e•-
JANUARY 23, 2017 of Washington,residing at_'E 1�
My appointment expires
LEASE AGREEMENT-6
(between City of Kent and Glen D.and Meri N.Martin)
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STATE OF WASHINGTON )
55.
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.
-Notrysear Most Appear tivdIm This eo,- i
B f�FIEREOF,I have hereunto set my hand and official seal the I
writtenXV
yr `���0 �Z NOTARY PUBLIC,in and for thjlSt6Fo
J�ht1141rl+8`Z �rlJ of Washington,residing at _2fl
fylf p�WASNIa` My appointment expla
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LEASE AGREEMENT-7
(behveen City of Kent and Glen 0.and Mari N.Martin)
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iMachment A to Lease Agreement
LEGAL DESCRIPTION
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That portion of the South half of the South half of the Northeast quarter of Section 20,
Township 22 North,Range 5 East,Willamette Meridian,In King County,Washington being
described as follows;
Commencing at the Southeast corner of said Northeast quarter,
Thence North 89"17' 11"West,along the South line of said Northeast quarter,a distance
of 2242.18 feet,-
Thence North 01°01'21"East,a distance of 210.00 feel,to the True Point of Beginning;
Thence continuing North 01"01'21"East,along an existing fence,a distance of225.00
feet;
Thence North 89'17'11"West,a distance of 194.01 feet,to the East line of the West 160
feet of said South half of the South half;
Thence South 01°19'24"West,along sold East line,a distance of 225.01 feet;
Thence South 89°17'11"East,a distance of 195.19 feet to the True Point of Beginning.
(Being Lot 2 and a portion of Lot 4,King County.Short Plat#R477016,recorded under
auditor's file*7804190934,and also Parcel"I",city of Kent Lot Line Adjustment#LL-90-15,
as recorded under auditor's file#9005031226.)
Except that portion of said premises described as follows,pursuant to King Count Superior
Court Case#88-2-03250-5.
That portion of the Southwest quarter of the Northeast quarter of Section 20;Township 22
North,Range 5 East of the Willamette Meridian,described as follows:
Commencing at the Southeast corner of the Northeast quarter of said Section 20;
Thence North 880 43'44"West,along the South line of the Northeast quarter of said
Section 20 2,399.37 feet;
Thence North 01"03'32'East 210.00 feet along an existing fence line to the South tine of i
Lot 2 of King County Recording Number 7804190934 and the True Point of Beginning for
this description;
Thence continuing along said fence line North 01°03'32"East,225.00 feet to the North j
line of said Lot 2;
Thence North 880 43'44"West,along said tine 32.69 feet to the East line of the West 160
feet of the Northeast quarter of said Section 20;
Thence South 01°52'47 West,along said line 225.01 feet to the South line of Bald Loll; I
Thence South 880 43'44'East,along said line 35.91 feet to the True Point of Beginning i
and terminus of this description,situate in King County,Washington.
Together with and Ingress,egress and utilities easement 30.00 feet wide,the centerline
being described as follows;
Commencing at the Southeast corner of said Northeast quarter;
Thence North 89"17'11"West,along the South line of said Northeast quarter,a distance
of 2385.60 feet;
LEASE AGREEMENT-8
(between City of Kent and Glen 0.and Merl N.Martin)
Thence North 00°34'22"East a distance of 30.00 feet,to the North Margin of SE 248th
Street and the True Point of Beginning of said centerline;
Thence continuing North 00°34'22'East,a distance of 415.00 feet;
Thence South 89°25'38"East a distance of 20.00 feet, to the terminus of sold centerline.
Together With that portion lying within a circle with a radius of 35 feet,the radius point
being located at the terminus of the afore described centerline.
Situate in the County of King,State of Washington.
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LEASE AGREEMENT-9
{between City of Kent and Glen D.and Merl N.Martin)