HomeMy WebLinkAboutPATS Auto Transport12/01/06 14:00 FA% 253 844 3116 CITY OF ALTBtTRN ~ ~` ~ ~ X002/006
RE~VT.AL agreement
THIS RENTAL AGREEMENT (hereinafter referred to as the "Agreement")
made and entered into this f day of (~c.e~~~r ,
20 e~ t®, by anal between the CTTY OF AUBURN (hereinafter referred to as the "City")
and P.A.T.S. AUTQ TRANSPORT (hereinafter referred to as "Tenant").
W~TNESSETH:
WHEREAS, The City hereby leases to the Tenant the following described
premises: Approximately 3000 square feet consisting often parking spaces located spu#h
of the 815 Building, 2905 "C" Street SW, Auburn, WA 9800], and 2344 square feet
consisting of three truck parking spaces locates east of the 815 Building, 2905 "C" Street
SW, Auburn, WA 98001 hereinafter referred to as the `T're~mises".
To be used exclusively for the following purpose(s): vehicle storage. The storage
and/or use of hazardouslflammabie materials are prohibited. Storage andlpr distribution
of perishable food grade products are prohibited.
WHE)I~EAS, The City desires to rent the premises to Tenant upon the terms and
conditions a,5 contained herein; and
WFIEREAS, Tenant desires to lease the Premises from The City on the terms and
conditions as contained herein;
NQW, 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 fpllpws:
1. TERM. The term of this Rental Agreement shall. be zztanth to xxtoz~.th
Gomtmxez~cing oz~ the 1~` day of December, 20pG and may be terminated by either
party hereto only by providing the other party with thirty (30) days written notice
prior to the termination of this Rental Agreement.
2. RENT. The total rent for the term hereof is the sum of one hundred and sixty five
and 00/100 DdLY,AR5 ($165.00) per month plus 1:1;ASEHCLD tax 12.$4% for
Rental (rent $1 d5 + $21.1.9 tax =186.19), which amount shall be paid on or
before the first day of December, 2006 and on the fast day of each month
thereafter during the term of this Rental Agreement except as provided hereunder.
3. USE OF PREMISES. The Premises shall be used exclusively for vehicle
storage_
4. CONDITION OF k'RElLHSES. Rental space is accepted "as is". Any proposed
changes/alterations to the space shall be the sole responsibility of the Tenant, with
prior written approval and acceptance from the City.
Rental Agreement
November 21, 2006
Page 1 of ~
12/01/06 14:00 FAg 253 804 3116 _.. CITY OF AUBURN
5. ASSIGNMENT AND SU$-LL~'TING. Tenant shall not assign this Agreement,
ox sub-let or grant any license to use the Premises or any part thereof without the
prior written consent of the 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 assig~-ment, 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 mull and void and shall, at the City's option, terminate
this A,geement.
6. ALTERATIONS ANA INIPRO'VEMENTS. Tenant shall make no alterations
or improvements on the Premises or construct any building or make any other
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 Tenant shall, unless otherwise provided by written agreement
between the City and Tenant, be and become the property of the City and remain
on the Premises at the expiration or earlier termination of this Agreement.
~ 403/006
7. NON-DELIVERY OF POSSESSION. In the event the City cannot deliver
possession of the Premises to Tenant upon the conannencement of the rental term,
through no fault of the City or its agents, then. the City or its agents shall have no
liability, but the rental herein provided shall abate until possession is given. The
City or its agents shall have thirty (30) days in which to give possession, and if
possession is tendered within such time, Tenant agrees to accept the demised
Premises and pay the rental hereiaa provided from that date_ In the event
possession cannot be delivered within such time, througk- no fault of The City or
its agents, then this Agreement and all rights hereunder shall terminate.
8. HA~,ARDOUS MATERIALS. Tenant shall not keep on the Premises any item
of a dangerous, flammable or explosive character that might unreasonably
increase the danger of fire ar explosion on the Premises or that might be
considered hazardous or extra hazardous by any responsible insurance company.
9. C7T][LITIES. Tenant shall be responsible for arranging far and paying for any
utility services required on the Premises.
10. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense,
keep and maintain the Premises in good condition and repair during the term of
this Agreement and any renewal thereof. The Tenant shall abide by and be bound
by any and alt rules and regulations affecting the Premises or the coAxmon areas
appurtenant thereto which may be adapted or promulgated by th.e Condominium
or Homeowners' Association having control over them.
11. DAMAGE TO PREMISES. In the event the Premises are destroyed ar rendered
wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by
the negligence vf't'enaat, this Agreement shall terminate from such time except
for the purpose of enforcing rights that may Dave then accrued hereunder. The
rental provided for herein shall then be accounted for by and between the City and
Tenant up to the time of such injury ar destruction of the Premises, Tenant paying
rentals up to such date and the City refunding rentals collected beyond such date.
Dental Agreement
November 21, 2406
Page 2 of 5
12/01/06 14:01 FA% 253 804 3116 CITY OF AUBURN
12. SURRENDl1~ QF PRENIISES. Upon the expiration of tl,.e term hereof, 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.
13. INDEMNIFIIrAT)CQN. Tenant shall defend, indemnify, and hold harmless the
City, its ofh.cers, oflxcials, employees and volunteers from and against any and all
claims, suits, actions, or liabilities for injury or death of any person, or far loss or
damage to property, which arises out of Tenant's use of the Premises, or from the
conduct of Tenant's business, or from any activity, work or thing done,
permitted, or suffered by Tenant in or about the Premises, except on1.y such injury
or damage as shall have been occasioned by the sole negligence of the City.
14. INSUR.AN~E. Tenant agrees to obtain and maintain, during the terms of the
Rental Agreeroieztt described herein, Commercial Crcneral Liability insurance in
the rniniznutn amount of one million dollars {$1,000,000) per occurrence, which
shall include liability coverage for injury to any person or property arising from
the Tenant's use or occupancy of the above described Premises. The City shall be
named as an Additional Insured on this policy. The Tenant agrees to furnish the
City with a Certificate of Insurance to the City reflecting evidence of coverage
and additional insured status and that the City shall be noti .feed within twenty days
prior to any cancellation or modification of the policy.
15. DEFAULT, if Tenant fails to comply with any of the material provisions of this
Agreement, ether than the covenant to pay rent, or of any present rules and
regulations or any that z~aay be hereafter prescribed by The City, ar materially fails
to comply with any duties imposed on Tenant by statute, within seven (7) days
after delivery of written notice by the City specifying the non-compliance and
indicating the intention of the City to terzni~nate this Rental Agreement by reason
thereof, the City may terminate this Agreement. If Tenant fails to pay rent when
due and the default continues for seven (7) days thereafter, the City may, at the
City's option, declare the entire balance of rent payable hereunder to be
immediately due and payable and may exercise any and all rights and remedies
available to the City at law or in equity or xnay immediately terminate this
Agreement.
16. LATE CHARGE. In the event that any payment required to be paid by Tenant
hereunder is not made within ten (10) days of when due, Tenant shall pay to The
City, in addition to such payment or other charges due hereunder, a "late fee" in
the amount of twenty five DOLLARS ($25).
17. RICATS AND REMEDYES. The rights and remedies under this lease are
cumulative, and either party's using any one right or remedy will z~ot preclude or
waive that party's right to use any other. These rights and remedies are in addition
to ar~y other rights the parties may have by law, statute, ordinance, or otherwise.
18. RECORD~TG OF AGREEIIZENT. Tenant shall n.at record this Agreement an
the Public Records of any public office. In. the event that Tenant shall record this
~ ao4/oos
Rental Agreement
November 21, 2006
Poor ~ n4' S
12/01/06 14:01 FA% 253 804 3116 CITY OF AUBURN
Agreement, this Agreement shall, at The Cifiy's option, terminate immediately and
The City shall be entitled to all rights and remedies that it has at law or in equity.
19. GOVERNING LAW. This Agree:oaent shaII be governed, construed amd
interpreted by, through and under the Laws of the State of Washington.
20. SEVERAB~,YTY. 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.
21. BINDING EFIr'EC'I'. The covenants, obligations and conditions herein
contained shall be binding on and inure to the benefit pfthe heirs, legal
representatives, and assigms of the parties hereto.
22. IbESCRIPTIVE ~ADINGS. 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.
23. CONSTItY3CTYON. The pronouns used herein shall include, where appropriate,
either gender or both, singular and plural.
24. NON-WArV'E1L No indulgence, waiver, election ornon-election by the City
under this Agreement shall affect Tenant's duties and liabilities hereunder.
25. MOI?YF'YCATION. 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
sigaed by all of the parties hereto.
26. NOTICE. Any notice required or permitted under this Lease or under state law
shall be deemed sufficiently given or served i~ sent by United States certified
mail, return receipt requested, addressed as follows:
If to tlae City to:
City of Auburn
Rob Roscoe, Risk Manager
25 West Main Street
Auburn, WA 98001
Ifto Tenant to:
P.A.T.S. AUTp TRANSPORT
Pat Hanson
2501 C St SW
Auburn, WA 98001-7414
The City and Tenant shall each have the right from dine to time to change the
place notice is to be given under this paragraph by written notice thereof to the
other party.
X005/006
Rental Agreement
November 21, 2006
Page4of5
12/01%06 14:01 FAX 253 804 3116 CITY OF AUBURN
~ ao6ioo6
IN WITNESS WHEREOF, the parties ereto have executed this Rental ~~
Agreement on the _~ day o1' ~ec2.c•~ 6 ~- , 2Q D'~i . ~~
TIC CYTY: THE TENANT:
_ ,~
'' ,a. ~'' , -,
PETER E. LEWIS, MAYOR _ P.AT SON
A11 E,ST:
`_~'~L,
/~ ~' -- 1~,~ Get ~~.,•-~J
Danielle Daskam, City Clerk
Rental Agreement
November 21, 2p06