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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