HomeMy WebLinkAboutRC 9407270227 ' � • ' WH6N RECORDED RETURN'f0: • �I
� � � , Off3ce of the dty clerk
• . . Renton Municipal Building �7�G�� ,/ �D . �
2pp M111 Avenue South
Renton,W A 98055
DECLARATION OF RESTRICTIVE COVENANTS JUL 2 ?. 1994
KING COUNTY
RECORDER
WHEREAS, Michael C. Shane, and Della M. Wilson Shane,
are the owners of real property in the City of Renton,
County of King, State of Washington, described in Exhibit
�'A" attached hereto.
WHEREAS, the owner of said described property desire to
impose the following restrictive covenants running with the
land as to use, present and future, of the above described
real property.
(t NOW, THEREFORE, the aforesaid owners hereby establish,
�
O grant and impose a restrictive covenant running with the
� land hereinabove described with respect to the use by the
�
� undersigned, their successors, heirs, and assigns as
�'
� follows:
The dollar amount of the waived City permit fees and
expenses will be returned in full to the City of Renton
in the event that the lease with Way Back Inn to
shelter homeless people on the property expires within
five years of the date upon which the lease was
executed.
This restrictive covenant is imposed pursuant to City
Council action taken on April 25, 1994, as set forth in
Renton City Council Minutes page 165, number 3.
Dated: Renton, Washington, � �y , 1994.
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Mi ael C. Shane Deila M. Wilson Shane
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EXHIBIT A
LE6AL DESCRIPTION
Situated in the County of King, State of Washington:
Beginning at the southeast corner of lot 2, block 9,
Earlington, according to the pl.at thereof recorded in volume
14 of plats, page 7, in King County, Washington; thence
running northeasterly 100 feet to the northeast corner of
� said lot; thence westeriy along the north line of said block
� 92 feet; thence south to the southline of said block 98
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� feet; thence easterly 47 feet to the point of beginning.
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Site Address: 308 SW 4th Place, Renton, Washington
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INDIVIDUAL ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day personally appeared before me Michael C.
Shane, to me known to be the individual who executed the
within and foregoing instrument, and acknowledged that he
signed the same as his free and voluntary act and deed, for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this � day of
, 1994.
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'� ���c�1 �as� Kr �s�G-,
�, Notary Public in and for the
� State of Washington, residing at
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� INDIVIDUAL ACKNOWLEDGMENT
STATE OF WASHINGTON )
) 55
COUNTY OF KING )
On this day personally appeared before me Della M.
Wilson Shane, to me known to be the individual who executed
the within and foregoing instrument, and acknowledged that
she signed the same as his free and voluntary act and deed,
for the uses and purposes therein mentioned.
� GIVEN under my hand and official seal this �_ day of
�c , 1994.
L t G� IV L ��
Notary Public in and for the
State of Washington, residing at
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J U L 2 2. 1994
� RESIDENTIaL LF.1�iSE KING COUNTY
RECORDER
This lease is made on April �, 1994, between Michael and Della
Shane, a married couple as "Lessor", and THE WAY BACR INN, a Washinqton
nonprofit, as "Lessee", as follows:
1. PRF.KISBS. Lessor leases to Lessee the Residence currently situated at
315 Whitworth Avenue South, Renton, Washington. The house is to be moved
to a vacant lot located at Southwest 4th Place and Maple Avenue Southwest,
Renton, Washington.
2. �_ The term of this lease shall be for five years, commencing on
�„1�,,. /sf, , 1994, and shall terminate in accordance with the
termination provisions set forth in paragraph 19, unless sooner terminated
as a result of Lessee's default hereunder.
�j3 . POSSESSION. Lessee shall be deemed to have accepted possession of the
�leased premises in "as-is" condition. Lessor has made no representations
O to Lessee respecting the condition of the lease premises.
�
� 4. $�: During the Term hereof, Lessee may occupy the leased premises
� rent free; provided, however Lessee shall make all improvements at its sole
��,expense; provided, such inprovements shall be subject to a final inspection
� and the approval of the Lessor, prior to the occuparicy of the leased
premises, and pay all costs associated with or arisinq out of the
� maintenance and operation of the leased premises as set forth herein.
5. II�g. Lessee shall use the 2eased pres�.ses to prflvide temporary �inqle
family dwellings for homeless families with children under fourteen years
of age, and all current uses incidental thereto, and for no other purpose
without first obtaininq Lessor's prior written consent.
6, T_RCC�� ��Tj�j�E[��NL`$ �i� jtEP�IIR R�SPQNSIBII,ITY. Lessee shal l, when and
' if needed, at Lessee's sale expense, make repairs to the leased premises
nd eve art thereof; and Lessee sr_all maintain the lease premises in
a ry p
neat, clean, sanitary condition. Tenant shall surrender the leased
premises to Lessor in good condition upon the termination of this Lease,
reasonable wear and tear expected.
7. UTILITIES: Lessee shall pay prior to delinquency for all heat, light,
water, and otaer utilit� services supplied to the leased premises.
g. aT.TF_R�TTONS aND PiDL�TIONS BY LESSEB. After obtaining the prior
consent of Lessor, Lessee may make: at its sole expense, such additional
improvements or alterations to the i.eased premises which it may deem
�necessary or desirabi�e. Any repairs or new construction by Lessee shall be
don� in conformity with :lans and specifications approved by Lessor. All
�wor!c performed shall bs �ione in a workmanlike aanner and shall become the
prcpert,y of :�� Lessor.
9. y�� Lessee shal+ teep the Leased premises free from any liens
� � arisinq out of any work aerformed, naterials furnished, or obligations
incurred 3�y �esse�e. �
Page - 1
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� 10. INSIIRI�TCE. Prior to commencing any improvements and prior to
occupancy under this lease, at no expense to Lessor, the Lessee shall
obtain and furnish to the Lessor, a certificate of Insurance showinq
qeneral liability insurance coveraqe includinq blanket contractual
coveraqe, which certificate (1) shall be subject to approval of the Lessor,
(2) must fully protect the Lessor from any and all claims and risks in
connection with any activity performed by the Way Back Inn and tenant by
virtue of this Lease, and (3) must specifically name the Lessor as an
additional insured as respects this lease and a copy of the endorsement
naminq the Lessor as an additional insured shall be attached to the
certificate of insurance. Such policy must provide the followinq minimum
coverage:
a. Liability insurance written on an occurrence basis with
limits no less than $1,000,000.00 combined single limit per occurrence
and $2,000,000.00 aggregate for personal injury, bodily injury and
� property damage. Coveraqe shall include but not be limited to blanket
� contractual; products/completed opera�ions; broad form property
O damage; and fire legal to $100,000.
� b. Lessee shall be responsible for obtaining their own property
� insurance for Lessee's personal property.
�
� Any payment of deductible or self insured retention shall be the sole
� responsibility of the Lessee.
� The Lessee's insurance shall be primary insurance as respects the Lessor
and the Lessor shall be given 30 days prior written notice of any
cancellation, suspension or material change in coverage.
11. ;NDF�1�II�iIFIC2iTION. The Way Back Inn hereby releases, discharqes,
defends, indemnifies and holds harmless the Lessor, and its aqents,
contractors, and others from any and all claims, costs (inciuding attorney
fees) , and liability, arisinq in any manner, including, but not limited to,
those arising from injury or death to persons or damaqe to property
occasioned by any act, omission or failure of the Way Back Inn, its
officers, agents, employees, whether they be direct or indirect.
12. aSSIGNl+IEN'P AND SOB,LETrING. Lessee shall not assign this lease or sny
part thereof, either by operation of law or otherwise, without first
obtaining the prior written consent of Lessor.
13. DSFPiIILT. Failure by Lessee to make improvements on the house or
failure by Lessee to observe or perform any of the covenants, conditions,
or provisions of this Lease, where �uch failure shall continue for a period
of ten (10) days after written notice from Lessor to cure the default,
shall constitute a default and breach of the Lease by t3�+e Lessor. L�ssee
shall notify Lessor promptly of any default not by i*s nature necessari�y
known to Lessor.
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` 14. 2iCCESS. Lessee shall permit Lessor to enter the leased premises at
reasonable times for the purpose of inspectinq the leased premises and
ascertaininq compliance with the provisions hereof by Lessee, but nothinq
herein shall be construed as imposinq any obliqation on Lessor to perform I
any such work or duties.
15. CO1�LI2iAiCE �lITE L?,WS, RULBS AND REGUI.�TIONS. Lessee shall, at its
sole cost and expense, promptly comply with all laws, statutes, ordinances,
and governmental rules, regulations or zequirements now in force or which
may hereafter be in force relatinq to or affecting the conditions, use, or
occupancy of the leased premises. Lessee shall faithfully observe and
comply with the rules and regulations that Lessor shall from time to time
promulqate, including, without limitation, those requlations affecting
� signage on the Property.
� 16. PERriITS. Lessee shali, at its sole cost and expense, be responsible
0 for obtaining any permits or licenses that are necessary to perform the
� move and covenants of this Lease Agreement.
�
� 17. PROPERTY T1�iXES. Lessor shall be responsible for keeping all property
� taxes paid and up to date.
�
''� 18. NOTICSS. All notices under this Lease shall be in writing and shall
be effective when mailed by certified mail or delivered to Lessor at the
� address below stated, or to Lessee at the address below stated, or to such
other address as either party may designate from time to time:
LESSOR: Michael and Della Shane
513 Cedar Avenue South
Renton, WA 98055-3046
LESSEE: Way Back Inn
Post Office Box 621
Renton, WA 98055
19. TERIKINATZON. Either party has the right to terminate this Aqreement
if the other party is in default of any material obliqation or
representation of this Lease which default is incapable of cure, or which
beinq capable of cure, is not cured within 10 days after receipt of written
notice of such default.
20. GENER�.L PROVISIONS.
a. TIME IS OF THE ESSENCE �OF T'�TS �EASE.
b. In the event of any action or proceedinq brought by either pary
aqainst the other under this Lease, the Prevailinq party shall be
entit�zd to recover for the fees of its attorneys in such action or
proceeding, includinq costs of appeal, if any, in such amount as the
court may adjudge reasonable as attorneys' fees for the purposes of
� t�iis provision, the terms "action" or "proceeding" shall �nclude
ar�itration, adainistrative, bankrup�cy, and judicial proceedinqs
inci::ding app2als therefrom. �
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� c. This Lease shall be construed and governed by the laws of the
State of Washinqton.
d. Upon termination of this Lease, Lessee shall surrender all keys
to the Residence to Lessor �t the place then fixed for notice.
21. �DTHORITY OF L&SSSS. Lessee and each individual executinq this Lease
on behalf of Lessee represent and warrant that he or she is duly authorized
to execute and deliver this Lease, and that this Lease is bindinq upon
Lessee in accordance with its terms.
22. WI�iIVER �,ND FORBF�iRaNCS. No waiver by Lessor of any breach or default
by Lessee of any of its obliqations or agreement or covenants herein, shall
� be deemed to be a waiver of any subsequent breach or default of the same or
� any other covenant, agreement or obliqation, nor shall forbearance by
� Lessor to seek remedy for any breach or default of Lessee be deemed a
� waiver by Lessor of its rights and remedies with respect of such breach or
� default.
� THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR.
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� IN WITNESS WHEREOF, the parties hereto have execute this Lease the
date and year above written.
LESSOR:
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