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RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made
and entered into this f5 day of V\,,~ c-, v) y~ , 2009, by and
between the City of Auburn (hereinafter referred to as "City") and Tom Strandy
(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 8 First
Street SE, Apt #8, Auburn, WA 98002 (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 15th
day of August, 2009, 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 six hundred dollars and
no/100's ($600.00) on or before the fifth (Sth) day of each month during the term
of this lease. Said payment being five hundred thirty-eight dollars and ($531.73)
in rent and Sixty-eight dollars ($68.27) in leasehold taX. Payments shall be paid
to the City at the following address:
City of Auburn
Finance Department
25 West Main Street
Auburn, WA 98001
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There shall be a late charge of $50.00 for any rent payment received after the Sth
day of the month. If any rent checks are returned NSF, all future rent payments
must be made by money order or certified check.
3. DAMAGE DEPOSIT. The City acknowledges receipt of a deposit in the
amount of six hundred dollars ($600.00), one hundred and dollars and no/100's
($150.00) is a non-refundable painting deposit 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, ar escrow co.]
located at:
Key Bank
15 Auburn Ave
Auburn, WA 98002
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. PARKING. Tenants are all assigned one parking space. Tenant will place a City
parking permit in the rear driver side window of vehicle. All vehicles without a
City parking permit are subject to ticketing or towing at Tenants expense. Tenant
may only park a vehicle that is registered in Tenant's name. Tenant may not
assign, sublet, or allow any other person to use Tenant's assigned space. This
space is exclusively for use for the parking of passenger automobiles by Tenant.
No other type of vehicle or item may be stored in this space without prior written
consent of the City.
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Only vehicles that are operational and currently registered may park in the
parking space. Any vehicle that is leaking any substances must not be parked
anywhere on the premises.
6. 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.
7. 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.
8. 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 not provided by Landlord.
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.
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12. SERVICE OF NOTICES. All notices required by this agreement and applicable
state ar local law to be served by the Tenant upon the City shall be mailed to the
following address:
Lisa Torres
Facilities Manager
Human Resources
25 W. Main Street
Auburn, WA 98001
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
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 far 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
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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 term 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, RCW 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.
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.
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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.
CIT
Peter B. Le is, Mayor
Date: (~S' 1~7 ~LOU 9
Attest:
Danielle E. Daskam. City Clerk
TENANT
Date: ~
TENANT
Date:
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