HomeMy WebLinkAbout1108 ResolutionRE.SOLUTI:ON NO, 1108
A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT
BETWEEN THE CITY OF PASCO AND BARBARA E. CLARKE FOR THE
LEASE OF THE CITY OWNED CARNEGIE LIBRARY.
WHEREAS, the City of Pasco is the owner of certain real
property situate in Franklin County, State of Washington, and
more particularly described as:
Lot 17, 18 and the West feet of Lot 19, Block 7,
Derry's Addition to Pasco, Franklin County,
Washington; and
WHEREAS, the City of Pasco and Barbara E. Clarke desire
to enter into a lease agreement whereby Barbara E. Clarke will
lease from the City of Pasco the property above described and all
fixtures thereon for a period of one year commencing on November 1,
1977, at a monthly rate of One Hundred Forty & 00/100 ($140.00)
Dollars per month payable at the first of every month; and
WHEREAS, it is in the best interest of the City of Pasco
to authorize the execution of such lease agreement; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO:
That the Mayor of the City of Pasco be and he hereby is
authorized to execute on behalf of the City of Pasco a
lease agreement.between the City of Pasco and Barbara E.
Clarke for the purposes of leasing the Carnegie Library
to Barbara E. Clarke, said lease to be substantially in
the form of the lease attached hereto and by this reference
incorporated herein and to be for a period of one (1) year
at a rate of $140.00 per month.
Dated this 6 day of
AT EST:
1 Deputy City Clerk
APPROVED AS T
Michael E. CoopeiU City Attorney
September, , 197
Qz't� fzt'�g -
J idric , Mayor
LEASE
*************
THIS LEASE AGREEMENT, made and entered into this 6 day of
September, , 1977, by . and between the CI'T'Y OF PASCO, a
municipal corporation, hereinafter referred to as "Lessor", and Barbara
E. Clarke, hereinafter referred to as "Lessee",
WITNESSETH:
That for and in consideration of the covenants to be
performed by the respective parties, the Lessor hereby leases unto
the Lessee and the Lessee does hereby lease from the Lessor, the
following described property situated in Franklin County, State of
Washington:
Lots 17, 13 and the [gest 8 feet of Lot 19, Block 7,
Gerry's Addition to Pasco, Franklin County, Washinaton.
for a term of one (1) year commencing on the first day of November,
1977, on the following terms and conditions:
1. As rental, the Lessee agrees to pay the Lessor the amount
of One Hundred Forty & 00/100 ($140.00) Dollars per month payable on
the first day of each and every month during the term of this lease.
The first payment shall be on November 1, 1977.
2. Lessor shall not be liable for any loss, damage, or injury
to any person or property on account of any cause whatsoever and
Lessee shall hold the Lessor harmless from any liability to third
persons and shall procure and maintain a liability insurance policy
with limits of not less than $100,000.00, protecting the Lessor
against any such liability.
3. Lessee shall comply with all state and federal laws and
all city and county ordinances affecting the occupancy or use of the
premises and shall not suffer the property to be used for any illegal
or immoral purpose.
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4. Lessors or their agents shall have the right to enter upon
the premises and inspect the same at all reasonable times..
5. If the premises are, at any time, taken by condemnation
by any agency having the right of eminent domain, this lease may be
canceled upon sixty (60) days written notice to the Lessee addressed
to the Lessee and left upon the premises, or sent to the Lessee at
her last known address.
6. All rights granted to the Lessee hereby are personal.
They shall not be subject to involuntary transfer by execution,
bankruptcy, assignment for the benefit of creditors, receivership or
other insolvency proceedings or operation of law. The Lessee shall
have no right to assign this lease or any interest therein or to sublet
all or any part of the premises to another without first obtaining
the written consent of the Lessor, and, any such assignment or attempted
assignment or sublease shall be void. On any approved assignment or
sublease, the Lessee and every other person claiming under this lease
shall be and remain liable .for the performance of its obligation. On
any violation or attempted violation of this provision, this lease may
be declared in default.
7. Lessee may remove no fixtures but may remove personal
property which she has placed upon the premises at the expiration or
termination of this lease as long as Lessee is not in default under
any of the terms or conditions herein and also so long as such removal
can be accomplished without substantial damage to the premises. Lessee
shall make no alterations to the structure or decor of the premises
without prior written approval of the Lessor.
8. Lessee agrees to pay all water, sewer, electricity and
fuel bills during the term of this lease.
9. On default by the Lessee of any condition or agreement
herein contained, the Lessor, by notice in writing, shall notify the
-2-
Lessee to correct such default, and should the Lessee fail to correct
such default within a period of ten (10) days, unless .for nonpayment
of rent, which shall require only three (3) days notice, the Lessor
may, by notice in writing, declare the lease terminated. Alternatively,
without declaring a termination, the Lessor may take possession of the
premises and may rent them to tenants satisfactory to the Lessor,
with credit to the Lessee or its assigns or any sum payable under this
lease. Any deficiency of pay shall be a personal charge against the
Lessee and every other person claiming under it. Upon termination
for any cause, the Lessee and every other person claiming under it
shall render and deliver the premises to the Lessors.
10. Nothing herein contained shall limit or abridge the
right of the Lessor to take any other.action provided by law for the
breach of any agreement or covenant herein contained.
11. In the event the Lessee shall refuse or neglect to make
any payment other than rental payments provided herein to be made by
the Lessee, the Lessor may, at its option, make such payments for its
protection, and the Lessee shall repay the said amount to the Lessor,
together with interest thereon at the rate of loo per annum from the
date of payment.
12. Time is of the essence of this agreement, and each and
every provision herein contained. No waiver of any breach or
condition shall waive any other condition or covenant or any future
breach of the same condition or convenant.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this 6 day of September 1977.
CITY OF PASCO f/
By:
Barbara A. Clarke, Lessee J . Tidrick', Mayor, Lessor
AT;(E�41-0,e4rl-:y7n—Welis,
ST s,_..~
By:
City Clerk