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HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SAThe undersigned, GRANT COUNTY, duly organized and operating under and by virtue of the Constitution and the laws of the State of Washington, by and through New Hope, ("Tenant"), has on this day of February 2022, executed this Lease Agreement and leased from Eric (``Landlord''), the premises situated at ("Premises,"), beginning March 1st, 2022 and ending February 28th, 20240 1. RENT The monthly lease payment ("rent") for the Premises, which Tenant agrees to pay, is ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800.00), payable on or before the fifth (5th) of each month. If any rent is not paid on or before the due date thereof, a late charge of 10% of the gross rent schedule, or $50.00, whichever is greater, will be assessed on the tenth (10"') day of the month for which the rent is due, Rent shall be payable to the Landlord at the following address: Eric 2. UTILITIES In addition to the rent,, Tenant shall pay all utilities applicable to and/or related to the Premises as they become due, such utilities defined as electricity,. gas, water/sewer, garbage, cable and. telephone. 3. SECURITY DEPOSIT Tenant has previously tendered under a prior agreement the sum of SEVEN HUNDRED AND FIFTY DOLLARS AND N01 CENTS ($750.00), as a Security Deposit for the performance of Tenant's obligations hereunder, and Landlord hereby acknowledges receipt of the same. Tenant agrees that such sums shall be (or have been) deposited by the Landlord, or Landlord's Agent, in a depository as the Landlord or its successor(s) may 'Identify to the Tenant. Tenant hereby agrees, acknowledges and understands that all or a portion of the Security Deposit may be retained by the Landlord upon termination of the tenancy and/or that a refund or any portion. of the Security Deposit to the Tenant is conditioned as follows: (1) Tenant shall have complied with all of the conditions of this Lease Agreement. (2) Tenant shall clean and restore Premises to its condition at the commencement of this tenancy as evidenced by the Residential Move-in/Move Out Condition Residential Lease Agreement - Page 1 of 7 (Addendum, "A" to this Lease Agreement), less wear and tear from normal usage, i -d and agrees to professionally shampoo carpets and dry clean draperies, as part of cleaning and restoring Premises to its condition at the commencement of this tenancy. (3) Tenant shall replace or repair any missing or damaged personal property provided by the Landlord, including keys. Within foul -teen (14) days after the termination of the tenancy and vacation of the Premises, the Landlord shall mail to the Tenant, at such address as specifically set out in Paragraph 16, a full and specific statement on the basis for retention of any or all of the Security Deposit, together with payment of any refund due to the Tenant. 4. NONREFUNDABLE CLEANING CHARGE Tenant has previously tendered under a prior agreement the sum of TWO HUNDRED AND FIFTY DOLLARS AND NO/100 CENTS ($2.50.00), as a normal "Nonrefundable Cleaning Charge", which sum shall not be refunded under any circumstances. Landlord acknowledges receipt of the same. Landlord shall have the ricrht to proceed against Tenant to recover costs for cleanina ,,, painting, or repairs to the property and replacement of lost or missing personal property-, for which Tenant is responsible, which exceed the amount of'the Security Deposit and/or Cleaning Charge. 5. PETS Not applicable. 6. ASSIGNMENT/SUB LEASING Tenant expressly covenants that Tenant shall not voluntarily or involuntarily assign, encumber, mortgage or otherwise transfer this Lease Agreement without the prior written consent of Landlord in each. instance. Absent such consent, any act or instrument purporting to do any of the foregoing shall be null and void. PROVIDED: Tenant shall not enter into any subtenant agreement without the express written permission of the Landlord. FURTHER, PROVIDED: At all times material herein, Premises occupants pursuant to the Property Use set forth below in Paragraph 7 shall not be considered. subtenants. 7. PROPERTY USE It Is anticipated, that Tenant will be using the premises to provide shelter to women and children I-- facing homelessness due to domestic violence. The premises will be staffed most days by New Hope employees to ensure Rill service provision to clients and to maintain the premises pursuant to normal tenant responsibilities. Provided: there may be times when the premises are unoccupied. Residential Lease Agreement - Pazge 2- of 7 8. LIABILITY Tenants accept the Premises in its present condition., and all personal property in the Premises and/or parking area shall be placed therein or thereon at the risk of Tenants. Tenants agree Z=) Landlord and Landlord's Agent shall not be liable for loss by theft or for any damages to personal or property sustained by Tenants and/or their invitees due to the Premises becoming out of repair, or for any act or neglect of employees, or due to the happening of any accident from whatsoever cause in and about said Premises except as provided and limited by law. 9. ALTERATIONS Tenants agree to do no painting or any decorating in the Premises or make any alterations, changes or additions to the interior or exterior of the Premises, or the fixtures, locks or wiring without the prior written consent of the Landlord or Landlord's agent., 1.0. MAINTENANCE OF PREMISES Tenants shall, keep clean the Premises and appurtenances thereto. It shall be the sole responsibility of the Landlord to maintain the Premises, including its furnishings, appliances, floor cove -rings, draperies, and patio in good order and in a clean and sanitary condition. Provided: i'n the event that water pipes or waste pipes are frozen or become clogged by reason of neglect of Tenant, Tenant agrees to repair same, as well as all damage caused thereby, at Tenant's sole expense. Several appliances in -the Premises are owned by the Landlord., to wit: a range, a dishwasher, a hot water heater,, garage door opener, and garbage disposal. These appliances are on loan to the Tenant at no charge. Should an appliance break during the term of this Lease Agreement, it is the Landlord's responsibility that necessary repairs to said appliance be made and to restore them to the condition in which they were found at date of occupancy. Specifically: Tenant agrees not to smoke or allow guests to smoke in the Premises. 11. ACCESS Tenant shall allow Landlord or Landlord's agent access at all reasonable times to the Premises for the purpose of inspection or to show the Premises to prospectivep urchasers, mortgagees, or any other person having a legitimate interest therein, or to make necessary repairs or improvements. Landlord shall give the Tenant three (-3) days prior notice of Landlord's intention to enter the Premises. Tenant agrees that in case of an emergency or abandonment, the Landlord may enter the Premises without consent of the Tenant. Abandonment is defined as an absence of five (5) days or more while Tenant is in breach of some other term of the Lease Agreement. Tenant's vacation or abandonment of the premises shall not be subject to any notice or right to cure. Residential Lease Agreement - Page 3 of 7 12. GOVERNMENTAL REGULATIONS Tenant shall comply with all laws, ordinances, public rules, and governmental regulations applicable to said Premises or the use thereof. 13. GOVERNING LAW This Lease Agreement shall be interpreted, construed and governed by the laws of the State of Washington. Venue for any suit, legal action, or alternative dispute resolution proceeding arising from or related to this Agreement shall vest in Grant County, Washington. It is hereby agreed that jurisdiction over any suit, legal action, or alternative dispute resolution. proceeding arising from or related to this Agreement shall lie in the State of Washington. Z:) 14. ATTORNEY'S FEES In case of any dispute involving the parties in relationship to this Lease Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees as costs. 15. EXPIRATION OF LEASE: MONTH-TO-MONTH TERM & NOTICE TO VACATE After the expiration of the term of this Lease Agreement, in the event the parties have not executed a new Lease Agreement, Landlord and, Tenant agree and. understand that: A. Occupancy will be on a month-to-month tenancy running from the first (1't) to the last day of each month. According to the terms of this Lease Agreement, rent has been prorated to the first (1st) day of each calendar month. B. That to terminate tenancy, Tenant must give at least twenty (20) days' written notice to Landlord prior to the end of a monthly term. Example: Notice given on the fifteenth (15t") of any month would bind the tenancy until the ' last day, not the fifth ( 5th of the following month. Landlord may terminate the tenancy, in accordance with State or local ordinance(s), by delivering to the Tenant written notice at least twenty (20) days prior to the end of a monthly tern. C. In addition Landlord m. 0 ay give the following notices as circumstances may warrant: (1) Ten (1 O) days' notice to comply with any of the terms of this Lease Agreement or vacate the Premises. (2) Three (3) days' notice, after a default in the payment of rent, to pay the rent in full or vacate the Premises. Residential Lease Agreement - Page 4 of 7 (3) Three (3) day notice to vacate the Premises for committing a waste upon the Premises, setting up or carrying on any unlawful business, or permitting or maintaining a nuisance on or about the Premises, (4) And/or any other notices to comply or vacate provided by applicable law. 16. NOTICES All notices and/or written communications required or permitted to be given or served by any party hereto upon any other, shall be deemed given or served in accordance with -the provisions contained herein, by delivering personally, or mailed, postage prepaid and properly addressed, as follows: If to the Tenant.- Administrative Services Coordinator Board of County Commissioners P.O. Box 37 Ephrata, WA 98823-0037 If to Landlord: Eric 17* RE-LEASING Tenant agrees that Landlord or Landlord's agent shall have the right to show the Premises to prospective tenants at reasonable times for a period, of thirty (30) days prior to the expiration of tenancy if the parties have not agreed to extend this Lease Agreement. Landlord shall give the Tenants three (3) days' prior notice of its intention to enter the Premises, 18, 'POSSESSION Tenant is currently in possession of the Premises. 19. REMOVAL OF PROPERTY If the Premises are vacated or abandoned by Tenant, Landlord or Landlord's agent may reenter the Premises and remove all personal property from the Premises and place it in storage at the expense of Tenant. After forty-five (45) days from date Landlord takes possession of premises and attempts to give notice to Tenant, Landlord may proceed to dispose of said personal property and/or as otherwise provided pursuant to applicable law. Residential Lease Agreement - Page 5 of 7 Z"_ 70. NON-WAINTR OF BREACH AND SEVERABILITY MW The failure of Landlord to insist upon strict performance of any of the covenants and agreements of this Lease Agreement, or to exercise any option herein conferred in any one or, more instances shall not be construed to be a waiver or relinquishment of any such or any other covenants or . agreem.ents, but the same shall be and remain. in full force and effect. All parts, portions and provisions of this Lease Agreement shall be deemed separate and severable in the event of the invalidity of any party, portion or provision, the rest of this Lease Agreement, which with such part, portion or provision deleted, shall be given full, force and effect. 21. QUIET ENJOYMENT Tenant agrees not to allow on the Premises any excessive noise or any other activity that disturbs the peace and quiet of any neighbor or interferes with the rights, comfort, or convenience of neighbors or other persons. Tenant agrees, acknowledges, and understands that it is responsible for the conduct of all residents, family, or guests. 22. PARKING Tenant,and their guests are required to adhere to all parking regulations and use only those areas designated for parking as assigned to the premises, and not to use their neighbor's parking area. Failure to comply with -this will, be construed as illegal parking and may result in the vehicle being towed away at vehicle owner's expense. 23. HOT WATER HEATER DISCLOSURE PURSUANT TO RC W 19.27 The State of Washington requires that, upon occupancy, the temperature control on an accessible domestic hot water heater within a rental dwelling be set not higher than 120° Fahrenheit for the protection of the occupants. Tenant acknowledges they have inspected the hot water heater and to the best of their knowledge believe it to be set not higher than 120° Fahrenheit. 24. PREMISES CONDITION Tenant and Landlord aclaiowledge that Tenant inspected the Premises at the commencement of a prior Lease Agreement, and that the parties entered into Residential Move-in/Move Out Condition Report on or about November, 2008. This Condition Report is attached to this Lease Agreement as Addendum "A", the same filly incorporated herein by reference. If Tenant or Landlord fails to notify the other party by a written statement within ten (10) days after execution of this Agreement of any deficiencies not previously noted, then the condition noted in Addendum "A" shall be the conclusive determination of the Premises condition. THIS REPORT WILL BE USED TO DETERIMINE THE REFUND OF SECURITY DEPOSIT (1.F ANY) AT THE END OF TENANCY. Residential Lease Agreement - Page 6 of 7 .25. ADDENDUMS: Addendum "A": Residential Move-in/Move Out Condition Report IN WITNESS WHEROF, the parties have executed this Lease Agreement this 0 --- day of ATTR T: Bar aJ Vasquez, grerK-a tieoard I Dat c-, LANDLORD: A............ ........... Eric Date: Approved as to Fom-i: Rebekah M-�aylor Deputy Prosecuting Attorney Attorney for T nant I -, Date: z. 414;Z Residential Lease Agreement - Page 7 of 7 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Danny e, Chair R. - c< Cha Indy Cart 8r, Memb'er' NEW HOPE 4 Suzid7o—de, Director Date., a 2.9.20212