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HomeMy WebLinkAboutLease LEASE AGREEMENT LAG-06-001 THIS LEASE is made and entered into this '7>4day of ' ,2005,between THE CITY OF RENTON,a Washington municipal corporation(the "City"),and the RENTON HOUSING AUTHORITY, a Washington municipal corporation("RHA"). Recitals HE A W RE S, the City owns certain real property located at 7g// - "IA-31W Y1. .S' , Renton, Washington, which real property is legally described in Exhibit A attached hereto and incorporated by this reference; WHEREAS, RHA is a municipal corporation organized and existing under the laws of the State of Washington for the purpose of providing affordable housing to low income families; and WHEREAS,the City desires to lease to RHA, and RHA desires to lease from the City,that portion of the subject real property depicted in the diagram attached hereto as Exhibit B and incorporated herein by this reference (referred to hereinafter as the Premises ) so RHA may sublease the Premises to persons qualified for affordable housing; NOW, THEREFORE, the parties agree as follows: 1. Description,Term, Rent,Use. 1.1 Lease of Premises. The City hereby leases to RHA and RHA hereby leases from the City the Premises, together with all rights, privileges, appurtenances and easements pertaining or relating thereto subject to the terms stated in this Lease. 1.2 Excluded Areas of Access. RHA and its tenants shall not be allowed access to the barn located on the subject real property. The City shall take reasonable efforts to secure the barn from unauthorized entry. 1.3 Use of Premises. RHA shall use the Premises solely for the purpose of providing affordable housing to qualified tenants. RHA agrees that in the use and occupation of the Premises, RHA and its tenants will comply with all laws,"ordinances, orders and regulations of the federal, state,county and municipal authorities. RHA covenants that it will not use or permit to be used any part of the Premises for any dangerous,noxious or offensive business or activity,and will not cause or maintain any nuisance in, at, or on the Premises. 1.4 Necessary Improvements to the Premises. The parties acknowledge that substantial improvements to the Premises will be necessary before RHA will be able to use the Premises for its intended use. RHA shall be responsible,at its sole cost,for performing all construction-related work necessary to make the Premises safe and suitable for its intended use. The work to be performed by RHA includes the installation of a 4-inch gravity sewer connection that has been planned by the City and is estimated to cost approximately Ten Thousand Six Hundred and No/100 Dollars($10,600.00), excluding tax. The City has already obtained a permit from King County that is necessary to perform - 1 - this work. However,RHA shall be responsible for acquiring any other permits and/or final approval from King County before proceeding with this work. To the extent RHA is able to use the permit obtained by the City for this work,RHA shall reimburse the City for the cost of the permit,which is Four Hundred Ninety-five and No/100 Dollars ($495.00). The parties also acknowledge that RHA will need to replace, at its sole cost,the furnace providing heat to the Premises. The City agrees to provide,at its own expense,a sewer stub onto the real property into which the subject Premises will be connected. RHA has inspected the Premises and accepts the same in its present condition as being suitable for the intended use contemplated in this Lease. 1.5 Term. The initial term of this Lease shall commence on the date of this Lease ("Commencement Date") and, unless sooner terminated or canceled as provided herein, shall expire five (5) years after the Commencement Date. Thereafter the lease may be renegotiated between the parties for a further five (5)year term, if the Lessee is not in breach of the lease, and at the mutual agreement of the parties. 1.6 Rent. The annual rent to be paid by RHA during the initial 5-year term of this Lease shall be$1.00 per year,plus any applicable leasehold taxes. The rent shall be payable annually on or before the anniversary of the Commencement Date. The parties acknowledge that the rental amount agreed to for the initial 5-year term of the Lease reflects the substantial costs that RHA will incur in order to be able to use the Premises for its intended purpose. Annual rent for any extended 1-year terms shall be negotiated and agreed to by the parties at least thirty(30)days before the expiration of the initial 5-year term or any subsequent 1-year terms. The parties agree that they shall negotiate in good faith the rental rate to be paid by RHA for any subsequent 1-year terms of this Lease. 2. Utilities. RHA shall pay when due all charges for electricity, gas, sewage disposal, water,telephone and other utility services used on the Premises and shall indemnify and hold the City harmless against any liability on any such account. The maintenance, operation and repair of any utility system on the Premises, including the connections to the utility distribution systems, shall be the responsibility of RHA and shall be paid for by RHA. 3. Insurance,Risk, Indemnification. 3.1 Insurance. The City shall, at the City's sole cost and expense, keep the Premises, including any structures and fixtures therein,insured in an amount not less than one hundred percent (100%) of the full linsurable replacement value thereof, against loss or damage by fire (including extended coverage), glass breakage,windstorm and water damage. The term "full insurable value" shall mean actual replacement value. i - 2 - • • 3.2 Liability Insurance. RHA, at the RNA's sole cost and expense, shall maintain general public liability insurance against claims for personal injury, death or property damage occurring upon,in,or about the Premises,such insurance to afford protection to the limits of not less than One Million Dollars($1,000,000.00)per occurrence with an aggregate coverage of not less than One Million Dollars($1,000,000.00)per year. The City shall be named as an additional insured for any damages, claims, causes of action or other actions caused by RNA's, or its tenants', use of the Premises. 3.3 Waiver of Subrogation. The City and RHA hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against, but only to the extent insured against under, and in the amount actually received from, their respective insurance policies,including any extended coverage and endorsements thereto;provided, however,that this paragraph shall not be applicable if it would have the effect,but only to the extent that it would have the effect, of invalidating any insurance coverage of the City or RHA. Both parties agree to exercise their best efforts to obtain a subrogation waiver from their respective insurance carriers and both parties agree to give notice to their respective insurance carriers that the foregoing mutual waiver of subrogation is in this Lease. 3.4 Risk of Loss. All property on the Premises shall be there at the sole risk of RHA. The City shall not be liable for any damage to persons or to property of RHA or of others located on the Premises. The City shall not be liable for any damage caused by tenants or persons in the Premises. RHA shall use and enjoy the Premises at its own risk, and hereby releases the City, and agrees to hold it harmless, from any and all claims arising out of or resulting in damage or loss of property,loss of life,and personal or bodily injury,including subrogation claims by RHA's insurance carrier,unless such damage,loss or injury shall be caused by the willful act or negligence of the City. 3.5 Waiver/Indemnity. Except as expressly herein provided,the City shall not be liable, and RHA waives all claims for damages to persons or property sustained by RHA or RHA's employees, agents and tenants resulting from the Premises or by reason of the Premises, or any persons present on the Premises for any purpose, or resulting directly or indirectly from any act or neglect of any tenant or other person, except the City, its officers, agents or employees. RHA shall indemnify and save the City harmless from any and all claims, damages and expenses,including reasonable attorney's fees for the defense thereof,arising from or incident to the activities conduct by RHA or RHA's tenants, or from any breach or default of RHA in the performance of any of its obligations hereunder, or from any act of negligence of RHA, its agents, contractors, employees,tenants, or licensees, in or about the Premises. If any such claim or action within this paragraph is brought against the City, RHA shall defend it by counsel reasonably satisfactory to the City. 358187\0002\327308.01 - 3 - 4. Repairs and Maintenance. RHA covenants, at RNA's sole cost and expense, to take good care of the Premises and all other improvements thereto or thereon and to keep the same in good order and condition, and to make promptly all normal repairs necessary, interior and exterior, and equal in quality and class to the original work, ordinary wear and tear excepted. RHA shall keep the Premises in a clean and orderly condition. The City covenants, at the City's sole cost and expense, to perform all major maintenance and repairs, including maintenance and repairs of the building mechanical systems, foundations, structural components, that are not the result of abuse, waste or neglect of RHA or its tenants. 5. Changes and Alterations by RHA. RHA shall have the right to make such improvements, changes or alterations, structural or otherwise,to the Premises or any portion thereof as RHA may determine necessary or desirable for the uses permitted under Section 1.3 hereof,provided that RHA shall first have obtained the City's written consent thereto and subject to the City's approval of the plans and specifications therefor,which consent and approval shall not be unreasonably withheld. 6. Subletting and Assignment. 6.1 Subletting. RHA may sublease the Premises to any persons qualifying for affordable housing in accordance with RNA's standard procedures. 6.2 Assignment. RHA may not assign this Lease without the prior written consent of the City. 7. Quiet Enjoyment. On payment of the rent and performing its obligations hereunder,RHA may quietly enjoy,have and hold the Premises during the Lease term and any extension or renewal thereof. 8. Surrender of Possession. On termination of this Lease for any reason, RHA shall, on the City's demand, surrender to the City the entire Premises,in good order,condition and repair except for reasonable wear and tear. On termination of the Lease for any reason, RHA shall remove all personal property from the Premises. 9. Default. 9.1 Default. If RHA (1)fails to pay any rent due hereunder within thirty days after the same shall be due and such delinquency shall continue for a period of seven days following written notice thereof to RHA by the City, (2) leases any portion of the Premises to a person who does not qualify for affordable housing,(3)fails to perform any other material term,condition or covenant of this Lease to be observed or performed by RHA,for more than thirty days after written notice of such default shall have been given by the City to RHA, (4) abandons the Premises, or (5) suffers this Lease to be taken under any writ of execution,then the City,besides other rights or remedies it may have, shall have the immediate right of re-entry to the Premises. 358187\0002\327308.01 - 4 - 9.2 Remedies. Should the City elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or any notice provided for by law,the City may terminate this Lease and pursue all other remedies available at law or in equity or under this Lease,to enforce or to remedy the breach of RHA,including but not limited to the right to recover damages and/or to require specific performance of RHA's obligations hereunder. 9.3 Default by City. If the City fails to perform any material term,condition or covenant of this Lease on its part to be performed for more than thirty days after written notice of such default given by RHA to the City,then RHA shall have the right to terminate this Lease upon written notice of such intention given to the City and, in addition or in the alternative, shall have all rights and remedies available at law or in equity or under this Lease,to enforce or to remedy the said breach of the City, including but not limited to the right to recover damages and/or to require specific performance of the City's obligations hereunder. 9.4 Other Rights. Nothing herein contained shall be construed to alter, affect or eliminate any other right or remedy of the City or RHA,at law or in equity or elsewhere provided for in this Lease. 10. Termination. 10.1 Voluntary by RHA. 10.1.1 RHA may terminate this Lease, at any time after the initial 5-year term, by giving the City a written notice of termination at least sixty(60)days in advance of the termination date. 10.2 Voluntary by City. 10.2.1 The City may terminate this Lease at anytime during the initial 5-year term or any subsequent 1-year terms by giving RHA a written notice of termination at least sixty(60)days in advance of the termination date. In light of the significant costs to be incurred by RHA to repair and refurbish the Premises for their intended use,the City agrees not to terminate the Lease during the first year of the initial 5-year term of the Lease. 10.2.2 The City may terminate this Lease at anytime during the initial 5-year term or any subsequent 1-year terms if any major maintenance and repair projects become necessary and the cost of such work exceeds Two Thousand and No/100 Dollars ($2,000) for any single incident or project. 11. Right of Inspection. The City shall have the right to inspect the Premises at all reasonable times in accordance with the standard terms of RHA's lease agreements with its tenants and as otherwise provided by federal and state law,including the Residential Landlord Tenant Act,Chapter 59.18 RCW. 12. Notices. All notices,approvals,or other communications provided for or required under the terms of this Lease to be given by either party to the other shall be in writing and given or served 358187\0002\327308.01 - 5 - i personally at,or by United States Mail, and return receipt requested,addressed to the following: To the City: The City of Renton Attn. 1055 South Grady Way Renton, WA 98055 To RHA: Renton Housing Authority Attn. Mark Gropper P.O. Box 2316 Renton, WA 98056-0316 or to such other addresses as either parry may request in writing. Notice given by mail shall be deemed given upon placing the same in the mail as herein above provided.Notice given in any other manner than permitted in this Section shall be ineffectual and of no force or effect. 13. General Provisions. 13.1 Interpretation. This Lease shall be interpreted and governed in accordance with the laws of the State of Washington. If any term provision or condition of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable,the remainder of this Lease or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term, provision or condition of this Lease shall be valid and enforced to the fullest extent permitted by law. The failure of the City to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any of the options herein conferred shall not be construed as a waiver or relinquishment of any such covenant,agreement or option herein,but the same shall be and remain in full force and effect. 13.2 Venue. Venue for any dispute arising from this Lease shall be King County Superior Court. 13.3 Binding ffect. The terms provisions and conditions of this Lease shall be binding g �p g upon and inure to the benefit of the City and RHA and their respective successors in interest, grantees, devisees, heirs and/or assigns. 13.4 Further Assurances. The parties shall, during the.term of this Lease or any extensions or renewals thereof,and without further consideration execute,acknowledge and deliver to the other party such other documents and instruments, and take such other actions, as may be reasonably requested or as may be necessary to effectuate the terms of this Lease. 13.5 Relationship. Nothing contained in this Lease shall be deemed or construed to create the relationship of principal and agent, or partnership,joint venture or any other association between the City and RHA,and no provisions in this Lease and no acts of the parties hereto shall be 358187\0002\327308.01 - 6 - deemed to create any relationship between the parties hereto other than the relationship of the landlord and tenant. 13.6 Counterparts. This Lease may be executed in more than one identical counterpart, each of which shall be deemed an original. 13.7 Entire Undertaking. This Lease contains the entire understanding of the City and RHA,and the City and RHA acknowledge that there is no other written or oral promise between the City and RHA with respect to the Premises,and that no representations except those contained in this Lease have been made. 13.8 Recordation. This Lease may be recorded in the real estate records of King County, Washington. DATED AND EFFECTIVE as of the day and year first written above. THE CCI� ITY OF RENT/O-N RENTON HOUSING AUTHORITY By:'/l /� ,�re ,� By .� Kathy Keolker Its: Mayor Its: i (- tc, Date: Date: /Z 6a Attest: iLJ.C/w �• (.(J(.l.�.t-�'�� Bonnie I. Walton, City Clerk I 358187\0002\327308.01 - 7 - d . r .STATE OF WASHINGTON ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that KQ I r-p t ee is the person who appeared before me,and said person acknowledged that he/6 b signed this instrument,on oath stated that heo was authorized to execute the instrument and acknowledged it as the MUD e- of the City of Renton, Washington to be the free and voluntary act of such municip l corporation for the uses and purposes mentioned in the instrument. DATED: r NAME: -.I asc> l A• JG��I 'icy y 6,20 (Print Name) Notary Public in and for the State of Washington Commission Expires: '2- $ STATE OF WASHINGTON ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that 4 is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the 4wto f,ue- D,*r e-ct6 r- of the Renton Housing Authority,King County,Washington to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. � DATED: /A " -7'0 APR A 1. ���01 <Fart��- c� v10TAO: NAME: af bAl a l�ltl°.K a PUBLIC i (Print Name) +s '•• �, Notary Public in and for the State of Washington -� s-09 �q�y� � � �N�+_s Commission Expires: 358187\0002\327308.01 - 8 - Exhibit "A" The Talon Group a Division of Rrst Anwimn Title Insurance Co. Commitment No.: 384014 Exhibit"A" Real property in the County of IGng,State of Washington,described as follows: Parcel A: The North Half of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 32,Township 23 North,Range 5 east,W.M.,in Mg.County,Washington. Together with.th at portion of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of said Section 32, lying Westerly of the Westerly Right of Way margin of 103rd Place Southeast. Together with the North 187 feet of the South Half of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 32,lying Easterly of a line parallel with and distant 426.00 feet Easterly at right angles from-the West line of the Northwest Quarter of the Northwest Quarter of said Section 32. Parcel 8: That portion of the Northwest Quarter-of the Noithvvest Quarter of Section 32,Township 23 North,Range 5 East,W.M.,In long County,Washington,described as follows: Beginning at the Northwest comer of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of said section 32;thence South 00°22'52"West 333.17 feet to the South line of the North Half of the Nottfne A Quarter of the Northwest Quarter of the Northwest Quarter of said Section 32,and the true point of beginning;thence North 86°1924"East 277.00 feet along said South fine to the Westerly margin of the IG.Carr Road;O enoe South 02°24'54"West along the West;edy margin of said road a distance of 404.91 feet to a point of curve;ttnence along said curve to the right 278.71 feet;thence North 88°19"28"Fast 74.96 feet to the West Gne of the southeast Quarter of the Northwest Quarter of the Nortirwest Quarter of said Section 32;thenoe North 0002ZS2"East 556.74 feet to the true point of beginning. Except that portion cMveyed to 9 County for road by deed recorded under recording no.5799285. Tax Parcel Number:322305-907204 and 322305-915603 form No.1068-2 Page 3 o(10 ALTA Plain language camiune II I� I� Exhibit "B" I `�•�,,,.� . •ia. may,°a" #_ � a-..'�i;,.. »« `+"' -. a� � A a 44. »a kow I or At in Lip h O - f s..., -�� � �� .. M fir'"' •�c s r�_ - .�;,+c't' }�JJ�T� - �,�, .e�*'t - �`° "� � .ry ♦�f "cull /�� f C,L� r .. ��� k r