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HomeMy WebLinkAbout4309RESOLUTION NO. 4 3 0 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE RESIDENTIAL LEASE AGREEMENTS WHEREAS, the City of Auburn is owner of certain pieces of property in the downtown Auburn area some of which have residential units associated with them; and WHEREAS, in the stewardship of these properties, and until other uses are to be made of the property, it is appropriate that the City utilize these properties as residential rental units; and WHEREAS, in order to address and accommodate the residential rental uses, it would be appropriate for the City to use a consistent residential lease agreement form, and it would be appropriate for the Mayor to be authorized to use that form on those various occasions where rental agreements are appropriate for the residential rental property owned by the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is authorized to execute such residential lease agreements as are necessary to address the tenant usage of properties owned by the City and to utilize and execute agreements in Resolution No. 4309 February 5, 2008 Page 1 of 2 conformity with the residential lease agreement, a copy of which is attached hereto, marked as "Exhibit A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of YY1a? 2008. CITY O R PETER B. LEWIS MAYOR ATTEST: h T r (4 ir' Danielle E. Daskam, City Clerk APP D FORM: 1 i niel B. Heid, 'ty At orney Resolution No. 4309 February 5, 2008 Page 2 of 2 RESIDENTIAL LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this day of , 20_, by and between the City of Auburn (hereinafter referred to as "City") and (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, the City is the fee owner of certain real property being, lying and situated in King County, Washington, such real property having a street address of (hereinafter referred to as the "Premises"). WHEREAS, the City desires to lease the Premises to the Tenant upon the terms and conditions as contained herein; and WHEREAS, the Tenant desires to lease the Premises from the City on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. TERM. The term of this lease shall be month to month commencing on the day of , 200_, and may be terminated by either party hereto by providing the other party with written notice twenty days or more preceding the end of any of the month; or such other notice period as specified in RCW 59.18.200 for members of the Armed Forces, conversion to adults-only rental, or conversion to condominium. The City shall not terminate the tenancy to retaliate against the Tenant for asserting or enforcing rights guaranteed by law or for reporting the City to any government agency. This paragraph shall not affect the City's rights under Washington law to terminate the tenancy if the Tenant fails to pay rent, comply with a material term of this agreement, commits waste, or maintains a nuisance. 2. RENT. The Tenant shall pay the City, the amount of ($-) on or before the fifth (5th) day of each month during the term of this lease. Said payment being ($) in rent and ($__) in leasehold tax. Payments shall be paid to the City at the following address: There shall be a late charge of $ for any rent payment received after the day of the month. If any rent checks are returned NSF, all future rent payments must be made by money order or certified check. 1 of 8 3. DAMAGE DEPOSIT. The City acknowledges receipt of a deposit in the amount of ($__). Upon termination of the tenancy, any refund of the deposit to the Tenant is conditioned upon Tenant restoring the premises to its condition at the beginning of the tenancy, except for normal wear and tear. Within fourteen (14) days after the Tenant vacates or the City learns that the Tenant has abandoned the premises, the City shall give a full and specific statement of the basis for retaining any of the deposit together with payment of any refund due. No deductions shall be made for normal wear and tear to the premises resulting from ordinary use. The deposit shall be held at the following depository: [bank, credit union, or escrow co.] located at: Interest accrued on the deposit shall belong to the City 4. USE OF PREMISES. This tenancy is restricted to the above-named Tenant(s). Prior consent of the City is required to increase or substitute tenants. Such consent shall not be unreasonably withheld. No part of the Premises shall be used at any time during the term of this Agreement by the Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. The Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. 5. CONDITION OF PREMISES. The Tenant stipulates, represents and warrants that the Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. The Tenant has received a signed copy of the checklist attached hereto as Exhibit A, and incorporated by reference, describing the condition of the Premises. 6. ASSIGNMENT AND SUB-LETTING. The Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of City. A consent by the City to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of the City or an assignment or sub- letting by operation of law shall be absolutely null and void and shall, at the City's option, terminate this Agreement. 2of8 7. ALTERATIONS AND IMPROVEMENTS. The Tenant shall make no alterations or improvements on the Premises without the prior written consent of the City. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by the Tenant shall, unless otherwise provided by written agreement between the City and the Tenant, be and become the property of the City and remain on the Premises at the expiration or earlier termination of this Agreement. 9. HAZARDOUS MATERIALS. The Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises, which shall be in the Tenant's name; provided, water service for the Premises shall be in the name of the City. Water bills shall be mailed to the Tenant, and failure of the Tenant to pay any water bill shall be a breach of this Lease. The Tenant has signed the Tenant Release Form, attached hereto as Exhibit B and incorporated by reference, authorizing the water bills to be mailed to the Tenant. 11. CITY'S DUTY TO REPAIR AND MAINTAIN PREMISES. The City agrees to keep the premises clean and fit for human habitation and to comply with all state and local laws regarding maintenance and repair of the premises. The Tenant shall immediately notify the City of needed repairs. 12. SERVICE OF NOTICES. All notices required by this agreement and applicable state or local law to be served by the Tenant upon the City shall be mailed to the following address: All notices required by this agreement and applicable state or local law to be served by the City upon the Tenant shall be personally served on the Tenant, or if not home, left at the Premises with a person of suitable age and a copy mailed to the Tenant. If no one of suitable age is home, a copy of the notice shall be posted in a conspicuous place on the Premises and a copy mailed to the Tenant. 13. VACATING THE PREMISES. Upon terminating this agreement, the Tenant shall vacate the premises, return all keys to the City, remove all personal property belonging to the Tenant and leave the premises in the same condition as the Tenant found them except for normal wear and tear. 14. TENANT'S DUTY TO MAINTAIN PREMISES. Tenant agrees to keep the Premises as clean as the conditions of the Premises permit and to comply with all 3 of 8 duties imposed on the Tenant by state and local law. The Tenant shall be liable for any damage to the premises caused by the Tenant's acts or neglect other than normal wear and tear. The Tenant shall also be liable for any damage to the premises that the Tenant permits to be caused by a family member, invitee, licensee, or any person acting under the Tenant's control. 15. ENTRY BY CITY. Except in the case of an emergency, the City shall only enter the Premises with the Tenant's consent, after giving the Tenant two days advance notice. The Tenant shall not unreasonably withhold consent. The City shall only enter at reasonable times, for the purpose of inspecting the Premises, making repairs or improvements, supplying necessary or agreed services or showing the Premises prospective or actual purchasers, mortgagees, tenants, workers or contractors. 16. SURRENDER OF PREMISES. Upon the expiration of the term of this Lease, the Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear thereof and damages by the elements excepted. 17. ANIMALS. The Tenant shall not be entitled to keep any animals on the premises. 18. QUIET ENJOYMENT. The Tenant, upon payment of all of the sums referred to herein as being payable by the Tenant and the Tenant's performance of all the Tenant's agreements contained herein and the Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the tern hereof, 19. RIGHTS AND REMEDIES. The rights and remedies under this lease are cumulative, and either party's using any one right or remedy will not preclude or waive that party's right to use any other. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 20. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at City's option, terminate immediately and City shall be entitled to all rights and remedies that it has at law or in equity. 21. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Washington, in particular, the Residential Landlord-Tenant Act of 1973, RC W Chapter 59.18. 22. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 4of8 23. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the City or Tenant. 25. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 26. NON-WAIVER. No indulgence, waiver, election or non-election by City under this Agreement shall affect Tenant's duties and liabilities hereunder. 27. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. CITY OF AUBURN Peter B. Lewis, Mayor Date: TENANT Date: Attest: Danielle E. Daskam. City Clerk TENANT Date: 5 of 8 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON) ) :ss COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such person for the uses and purposes mentioned in this instrument. Notary Public in and for the State of Washington residing at My appointment expires 6of8 EXHIBIT A DESCRIPTION OF UNIT Address: Tenant: y y W U na ? ? y W ?'q !A ra s A N a? v '? cr'. ?? U V ¢ G GL ? x x v d 4 G . O 1. 2. 8. 4. 5. s. 1 =New Signed: 2 = Good 3 = Fair 4 = Poor DATE: City(s) Tenant(s) 7of8 EXHIBIT B TENANT UTILITY RELEASE FORM 8of8