HomeMy WebLinkAboutCindi Anderson (2)
RESIDENTIAL RENTAL AGREEMENT
THIS RENTAL AGREEMENT (hereinafter referred to as the "Agreement")
made and entered into this 21" day of March, 2011, by and between the City of Auburn
(hereinafter referred to as "City") and Cindi Anderson (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 318 M
Street SE, Auburn, WA 98002 (hereinafter referred to as the "Premises").
WHEREAS, the City and the Tenant have an existing Residential Rental
Agreement which will expire on March 22, 2011;
WHEREAS, the City desires to extend the said Residential Rental Agreement
and 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 Agreement shall commence on the 22°d day of March
2011 and end at midnight on the 22"d day of April 2011.
2. CONSIDERATION. The consideration of this Lease is the transaction entered
into by the parties whereby the City purchased the premises from the tenant. In
connection with that transaction, the timing of the availability of the Tenant to
fully vacate the purchased premises necessitated the accommodation of this
Lease.
3. NO RENT OR DAMAGE DEPOSIT. The City acknowledges that as part of
the consideration of the transactions involving this Lease and otherwise no rent or
damage deposit shall be required.
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,
1 of 5
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. 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 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.
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
Agreement in good order, repair, and in a safe, clean and tenantable condition.
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 (cable or satellite service, telephone, internet, water, sewer,
garbage, electric and/or gas).
2of5
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:
Lisa Torres
Real Property & Facilities Manager
Human Resources Department
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 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
Agreement, the Tenant shall surrender the Premises in as good a state and
condition as they were at the commencement of this Agreement, reasonable use
and wear and tear thereof and damages by the elements excepted.
3 of 5
17. ANIMALS. The Tenant shall not be , entitled to keep any animals on the
premises, except for one cat.
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 term hereof.
19-RIG HTS 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 'shalh 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 riot 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. -
4of5
CITY OF BURN TENANT
Peter B. Lewis, Mayor C1NDI ANDERSON
Date: Date: '.7,~a~ 1 ~2t_O~
Attest: TENANT
D le E. Daskam. City Clerk
Date:
5of5