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HomeMy WebLinkAbout2.66 Original Contract ~. tp/.p RENTAL AGREEMENT THIS LEASE AGREEMENT is m~de thi~'~day of Q ~. 2007, by and between the City of Port Angeles,. a- municipal corporation of the State of Washington, hereinafter known as the City, and Watts Constructors, a limited liability corporation of the State of California, registered to do business in the State of Washington, hereinafter known as Lessee. 1. Premises. For and in consideration of the mutual promises, covenants and conditions set forth herein, the City does hereby covenant and agree with the Lessee to let, demise and rent unto the lessee that certain building owned by the City of Port Angeles, more commonly known as the old landfill office, more particularly described as follows: 3501 West 18th Street, Bldg "E", Port Angeles, Washington 98362 Said office building location lying within a portion of Government Lot 5, Tax parcel # 073136340000, shown on Exhibit "A". 2. Term. This agreement creates a month-to-month tenancy commencing on the 1 st day of December, 2007. 3. Rent. A. The Lessee agrees to pay the City during the term of this lease a sum of seven hundred ($700.00) dollars per month plus Le.asehold tax. The rent for the first month shall be due and payable upon execution, and thereafter rent shall be due and payable in advance before the first of each month thereafter. B. The Lessee agrees to pay the City during the term of this lease a flat rate of two hundred seventy-five ($275.00) dollars per month for the following utilities: water, sewer and electricity. Lessee acknowledges and agrees that it shall be responsible for telephone and Internet service. 4. Approved Use. A. Lessee is allowed to use the parking lot immediately west of the Landfill Office for vehicle parking as depicted by Exhibit "A"attached. B. Lessee is allowed to place, at Lessee's expense, two 60 ft x 12 ft trailers in the parking area immediately west of the Landfill Office. C. Lessee shall use the premises for its own business purposes and for no other purposes, without written consent of the City. In the event Lessee's use of the premises increases the fire and extended coverage or liability insurance, Lessee agrees to pay for such increase. -1- 5. Restrictions on Use. The Lessee shall not operate on, or permit the operation upon, these premises of any unlawful activities or any public nuisance or any business which is in violation of the laws of the United States of America, the State of Washington, or the City of Port Angeles. 6. Repairs and Maintenance. Premises have been inspected and are accepted by Lessee in its present condition. Lessee shall, at its own expense and at all times, keep the premises neat, clean and in a sanitary condition, and keep and use the premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Lessee shall permit no waste, damage or injury to the premises and shall remove ice and snow from sidewalks adjoining the premises. Lessee shall make such repairs as necessary to maintain the premises in as good condition as they now are. The Lessee shall be responsible for the maintenance and upkeep in a safe condition and presentable manner. 7. Subletting or Assignment. The Lessee shall not sublease any part of said premises nor assign this sublease without the written consent of the City. 8. Liability and Insurance. The Lessee shall forever indemnify, defend, and hold harmless the City from all losses, liabilities, and damages for any injury to person or property that may be caused in any manner by the use of the Lessee of the premises and shall defend any litigation against said City at the expense of said Lessee arising from such injuries. The Lessee shall provide proof of liability insurance in the amount of $1,000,000.00 general liability insurance covering the use and occupancy ofthe premises. The Lessee shall cause the City of Port Angeles to be named as an additional insured on all liability policies and provide endorsement of insurance to the City. 9. Improvements. The Lessee shall not construct any facilities or improvements upon the property without prior review and acceptance by the City. All structures and improvements shall comply, and be consistent with, City zoning and building regulations as well as all other federal, state and municipal regulations governing the use of and construction on the property. It shall be the responsibility of the Lessee to obtain and fulfill the requirements of all permits necessary for improvement to or uses of the property covered by this lease. 10. Default and Re-entry. If the Lessee fails to maintain and operate in good faith its business, within the time and in the manner herein before mentioned, or fails to keep or perform any or all of the covenants and agreements herein contained, and fails to cure said default within 10 days of notice of default by City, then this Agreement, at the option of the City, may be terminated. The Lessee shall quit and surrender said premises promptly upon termination of this Agreement and shall return said premises in as good a condition as the premises now are, normal ware and tear excepted. -2- 11. Signs. All signs or symbols placed by Lessee in the windows and doors of the premises, or upon any exterior part of the building shall be subject to City's prior written approval, which approval shall not be unreasonably withheld. All signs must comply with sign ordinances and be placed in accordance with required permits. City may demand the removal of signs that are not so approved, and Lessee shall comply with said request within forth-eight (48) hours. At the termination of the Agreement, Lessee will remove all signs placed by it upon the premises and will repair any damage caused by such removal. 12. Access. The City shall have the right to enter the premises at all reasonable times for the purpose of inspection or of making repairs, additions or alterations. 13. Facilities Nondiscrimination. The Lessee will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: A. Deny an individual any services or other benefits provided under this agreement; B. Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this agreement; C. Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) or other benefits provided under this agreement; D. Deny any individual an opportunity to participate in any program provided by this agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this agreement. The Lessee, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of nay sensory, mental or physical handicap. 14. City's Right to Cure Defaults. A. If the Lessee fails to perform any requirements or obligations under this lease, the City shall have the option to correct any default of this lease by the Lessee after ten (10) days' written notice to the Lessee. All of the City's expenditures to correct the default shall be reimbursed by the Lessee on demand, with interest at the rate of one percent (1 %) per month accrued from the date of expenditure by the City. -3- B. In the event any violation or breach of the provisions of this lease is causing damage to the leasehold premises or the Lessee is utilizing the leasehold premises in a manner not permitted by the provisions of this Lease, or in any case damages are occurring to the leasehold premises, the City may immediately enter upon the leasehold premises and take such action as necessary to cease such damages or use. In the event the damage to the leasehold is occurring, the Lessee shall be liable for all costs incurred by the City if the City acts to cure such damages. The City, at its option may send notice to the Lessee of such violations and the Lessee shall immediately cease such use or violation and correct and remedy such violations. 15. Removal of Property. In the event the City lawfully re-enters the premises as provided herein, the City shall have the right, but not the obligation, to remove all of the personal property located therein and to place such property in storage at the expense and risk of Lessee. 16. Costs and Attorney's Fees. If, by reason of any default or breach on the part of any party in the performance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney's fees in connection therewith. It is agreed that the venue of any legal action brought under the terms of this Lease shall be in Clallam County. 17. Holding Over. If Lessee, with the implied or express consent of the City, shall hold over after expiration of this Agreement, Lessee shall remain bound by all the covenants and agreements herein. 18. Binding on Heirs, Successors and Assigns. The covenants and agreements of this Lease shall be binding upon the heirs, executor, administrators, successors, and assigns of both parties hereto, except as hereinabove provided. 19. Notice. Any notice required to be given by either party to the other shall be deposited in the United States mail, postage prepaid addressed to the City at: City of Port Angeles, 321 East 5th Street, P.O. Box 1150, Port Angeles, W A 98362 or to Lessee at: Watts Constructors, 77 Digital Drive, Suite 100, Novato, CA 94949 or at such other address as either party may designate to the other in writing from time to time. 20. Litigation. In the event this lease, its terms, it use, its occupation or it in any way becomes a matter of litigation, the City shall be notified of such litigation within fifteen (15) days after such litigation is begun. Failure to notify the City of such action shall be cause for cancellation or termination of this lease. 21. TIME IS OF THE ESSENCE OF THIS LEASE. 22. Termination of Agreement. This rental agreement may be terminated by either party upon thirty (30) days notice in writing as specified in Section 19 above. -4- 23. Capacity of Signatories. Each individual executing this lease on behalf of the City and Lessee represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said party. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. THE CITY OF PORT ANGELES RS, LLC ?!l-<1/f.~ Ma E. Madsen, ty Manager Attest: 60 f~ --Upm~ Becky Up , Cl Clerk Approved As To Form: f). 1/;/0-- 7:-. l~ William E. Bloor, City Attorney -----"..-- STATE OF WASHINGTON ) ) ss. ) COUNTY OF CLALLAM On this day personally appeared before me Tim Yedinak, Superintendent of Watts Constructors, LLC, executed the wit~~an4./orgoing instrument, and acknowledged said instrument to be the free and voluntary act and deed .1J.f ~)~l\w~~fijJl c.orporation, for the uses and purposes therein mentioned and on oath stated that he is autqon~ exe:~..e s~ Instrument. l !8 -.0111' ~\ i ~ ~ i GIV~to mt hajd and official seal this ~ da of :::i)eceWlbe.r ~:. 'UI\'\'-"'/.I 1 , \'~~ER-~'~I :A. 6-~ Ie .".~I';"',,,,,,,,,'~"~~ NOTA PUBLIC in and fi r tht;: te of Washington ",.~F, Wl~III\\\\\\"" residing at Port Aflgales SetU11rl . !I III 111 ./ .. / My commission expires: lOr 01.,/<<.01/ STATE OF WASHINGTON ) ) ss. ) COUNTY OF CLALLAM On this day personally appeared before me Mark E. 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