HomeMy WebLinkAbout001035 Original ContractCity of Port Angeles
Record # 001035
DELEGATED STATE RENTAL AGREEMENT
BETWEEN
STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY
AND
CITY OF PORT ANGELES
Port Angeles Fire Department
102 E Fifth Street
Port Angeles, WA 98362
Contact Name /Telephone Number: Ken Dubuc, 360 - 417 -4653
Tax ID Number: 91- 6001266
This RENTAL AGREEMENT is made and entered into between the City of Port Angeles, Port
Angeles Fire Department, whose address is 102 East Fifth Street, for its heirs, executors,
administrators, successors, and assigns, hereinafter called the Landlord, and the State of Washington,
Department of Ecology, hereinafter called the Tenant, acting under a delegation of authority from the
Department of Enterprise Services (DES), in accordance with RCW 43.82.010.
WHEREAS, the Tenant has the responsibility to monitor ambient air conditions and as part of this
activity must maintain ambient air monitoring stations; and
WHEREAS, the Tenant wishes to lease site, shelter and utility services for air monitoring equipment;
and
THEREFORE, in consideration of the terms, conditions, covenants and performances contained
herein, IT IS MUTUALLY AGREED AS FOLLOWS:
2. The Landlord has offered to furnish to the Tenant, a suitable site with utility services located
at the following street address: 102 East Fifth Street, Port Angeles, WA. The air monitoring
equipment is located on /in: a building located on site.
TERM
3. This Rental Agreement, which cannot exceed one (1) year, shall be effective from February
1, 2016 through January 31, 2017.
3A.Landlord shall provide access and undisturbed use of the premises, including equipment and
instruments for the period February 1, 2016 through January 31, 2017, between the hours of
8:00 a.m. to 5:00 p.m.
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4. The Tenant shall pay rent to the Landlord for the premises at the following rate: $550.00 per
year, payable in one installment. The Tenant will pay each installment when due, upon
receipt from Landlord of completed State of Washington invoice voucher. The completed
invoice voucher must be received prior to the end date of this Rental Agreement. The
authority of the Tenant to enter into this agreement is contingent upon the appropriation of
funds.
4A. Any and all payments provided for herein when made to the Landlord by the Tenant shall
release the Tenant from any obligation therefore to any other party or assignee.
EXPENSES
5. During the term of this Rental Agreement, Landlord shall pay all real estate taxes, all
property assessments, insurance, storm water, and utility services together with maintenance
and repair as described below:
MAINTENANCE AND REPAIR
6. The Landlord shall maintain the premises in good repair and tenantable condition during the
continuance of this Rental Agreement, except in case of damage arising from the negligence
of the Tenant's clients, agents or employees. For the purposes of maintenance and repair, the
Landlord reserves the right at reasonable times to enter and inspect the premises and to do
any necessary maintenance and repairs to the premises.
TERMINATION
7. This Rental Agreement may be terminated by either party giving written notice not less than
thirty (30) days prior to the effective date of termination. Tenant shall be reimbursed for any
unearned rent that has been paid.
7A. Upon expiration or termination of this agreement, the Tenant shall restore the site to at least
the same condition the site was in immediately prior to the installation of shelter and /or air
monitoring equipment, reasonable wear and tear excepted.
NOTICES
Written notices will be sent by certified mail to the address listed below unless a different
address shall be designated in writing and delivered to the other party.
LANDLORD: Port Angeles Fire Department
102 East Fifth Street
Port Angeles, WA 98362
TENANT: Department of Ecology
Air Quality Program
P.O. Box 47600
Olympia, WA 98504 -7600
DISASTER
9. In the event the rented premises are destroyed or injured by fire, earthquake, or other casualty
so as to render the premises unfit for occupancy, the Tenant may terminate this Rental
Agreement and shall be reimbursed for any unearned rent that has been paid.
NO GUARANTEES
10. It is understood that no guarantees, express or implied, representations, promises or
statements have been made by the Tenant unless endorsed herein in writing.
HAZARDOUS SUBSTANCES
11. Landlord shall indemnify and hold harmless the Tenant with respect to any and all damages,
costs, attorney fees, and penalties arising from the presence of hazardous substance, toxic
waste or other toxic substance on the premises, except for such substances as may be placed
on the premises by Tenant.
DAMAGES
12. Each party to this agreement shall be responsible for injury to persons or damage to property
resulting from negligence on the part of itself, its employees, its agents, or its officers.
Neither party assumes any responsibility to the other party for the consequences of any act or
omission of any third party. Landlord will not be responsible for damage it causes to
Tenant's property while located on the premises unless Landlord is responsible for 50% or
more of any fault causing the damage. Landlord is not responsible for insurance or
maintenance of Tenant's property located on the premises.
BINDING AUTHORITY
13. It is understood that this Rental Agreement shall not be binding upon the State of
Washington, Department of Ecology, unless signed by the Tenant's Director or his /her
designee.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names.
LANDLORD STATE OF WASHINGTON
CITY OF PORT ANGELES DEPARTMENT OF ECOLOGY
By: By: 7 d
Title: City Manager
Date: 11 `°4 / G �,
APPROVED AS TO FORM:
By: _ APPROVAL ON FILE
Assistant Attorney General
Title: At Z /wyJ' 114, <Ce' f2-
Date: tip... //- /f,