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RENTAL Agreement
THIS RENTAL AGREEMENT (hereina.fter ferred to as the "Agreement")
made and entered into this 2~ ~ day of ~U^~dLr g~-~-,-c_ ,
20~, by and between the CITY OF AUBURN (hereinafter referred to as the "City")
and DAVE NELSON (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, The City hereby leases to the Tenant the following described
premises: Approximately 3000 square feet consisting of a paved area located south of the
815 Building, 2905 "C" Street SW, Auburn, WA 98001 hereinafter referred to as the
"Premises".
To be used exclusively for the following purpose(s): vehicle storage. The storage
and/or use ofhazardous/flammable materials are prohibited. Storage and/or distribution
of perishable food grade products are prohibited.
WHEREAS, The City desires to rent the premises to Tenant upon the terms and
conditions as contained herein; and
WHEREAS, 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 Rental Agreement shall be month to month
commencing on the 1St day of December, 2006 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 thirty and 00/100
DOLLARS ($30.00) per month plus LEASEHOLD tax 12.84% for Rental (rent
$30 + $3.85 tax = 33.8, which amount shall be paid on or before the first day of
December, 2006 and on the first 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 PREMISES. 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.
5. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement,
or sub-let or grant any license to use the Premises or any part thereof without the
Rental Agreement
November 21, 2006
Page 1 of 5
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 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.
6. ALTERATIONS AND IMPROVEMENTS. 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.
7. NON-DELIVERY OF POSSESSION. In the event the City cannot deliver
possession of the Premises to Tenant upon the commencement 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 herein provided from that date. In the event
possession cannot be delivered within such time, through no fault of The City or
its agents, then this Agreement and all rights hereunder shall terminate.
8. HAZARDOUS 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 or explosion on the Premises or that might be
considered hazardous or extra hazardous by any responsible insurance company.
9. UTILITIES. Tenant shall be responsible for arranging for 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 all rules and regulations affecting the Premises or the common areas
appurtenant thereto which may be adopted or promulgated by the Condominium
or Homeowners' Association having control over them.
11. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered
wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by
the negligence of Tenant, this Agreement shall terminate from such time except
for the purpose of enforcing rights that may have 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 or destruction of the Premises, Tenant paying
rentals up to such date and the City refunding rentals collected beyond such date.
12. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant
shall surrender the Premises in as good a state and condition as they were at the
Rental Agreement
November 21, 2006
Page 2 of 5
commencement of this Agreement, reasonable use and wear and tear thereof and
damages by the elements excepted.
13. INDEMNIFICATION. Tenarrt shall defend, indemnify, and hold harmless the
City, its officers, officials, employees and volunteers from and against any and all
claims, suits, actions, or liabilities for injury or death of any person, or for 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 only such injury
or damage as shall have been occasioned by the sole negligence of the City.
14. INSURANCE. Tenant agrees to obtain and maintain, during the terms of the
Rental Agreement described herein, Commercial General Liability insurance in
the minimum 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 notified 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, other than the covenant to pay rent, or of any present rules and
regulations or any that may be hereafter prescribed by The City, or 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 terminate this Rental Agreement by reason
thereof, the City may terminate this Agreement. If Tenant fails to pay rent when
due and the defauh 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 may 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. 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.
18. 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 The City's option, terminate immediately and
The City shall be entitled to all rights and remedies that it has at law or in equity.
Rental Agreement
November 21, 2006
Page 3 of 5
19. GOVERNING LAW. This Agreement shall be governed, construed and
interpreted by, through and under the Laws of the State of Washington.
20. 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.
21. 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.
22. 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.
23. CONSTRUCTION. The pronouns used herein shall include, where appropriate,
either gender or both, singular and plural.
24. NON-WAIVER. No indulgence, waiver, election or non-election by the City
under this Agreement shall affect Tenant's duties and liabilities hereunder.
25. 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.
26. NOTICE. Any notice required or permitted under this Lease or under state law
shall be deemed sufficiently given or served if sent by United States certif ed
mail, return receipt requested, addressed as follows:
If to the City to:
City of Auburn
Rob Roscoe, Risk Manager
25 West Main Street
Auburn, WA 98001
If to Tenant to:
Dave Nelson
26507 126` PL SE
Kent, WA 98031
The City and Tenant shall each have the right from time to time to change the
place notice is to be given under this paragraph by written notice thereof to the
other party.
Rental Agreement
November 21, 2006
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IN WITNESS WHEREOF, the parties~iereto have executed this Rental
Agreement on the 7~' day of 1U0t/~%rH~3~ 2 ~ 2a ~~
THE
=--~~~
B. LEWIS, MAYOR
THE TEN T:
~f / ~,
DA :1/ NELS/ON
APP ED F
aniel B. ' ,City Attorney -
Rental Agreement
November 21, 2006
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