HomeMy WebLinkAboutReg 2005-12-05 Item 8A - Lease Agreement - Foster House at 14239 42nd Avenue South with Way Back Inn �,N ii; CO U1NIL A GENDA SYNOPSIS
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Q '�1, 0 i I Meeting Date Prepared by 1 Mayor's review Council review
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ITEM INFORMATION
I CAS NUMBER: 05-159 I ORIGINAL AGENDA DATE: 12/05/05
AGENDA ITEM TITLE Proposed lease agreement with the Way Back Inn Foster House 14239 -42 Ave. S.
CATEGOR Discussion ['Motion Resolution Ordinance Bid Award E Public Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date gtg Bat Mtg Date
SPONSOR Mayor Adm DCD Fire Legal PAR Police n PW
SPONSOR'S ounc i Svc ce
lease agreement allowing nonpro it Back Innmanage house on 14239- 42 Ave. S.
SUMMARY Way Back Inn provides three months of free transitional housing to pre- screened,
qualifiying homeless families. In return for use of the house, the Way Back Inn and their
extenstive volunteer base will clean up and rehab the property for program use. The city
proposes to pay up to $1200.00 per year of electrical bills.
REVIEWED BY El COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/29/05
RECOMMENDATIONS:
SPONSOR/ADMIN. Approve proposed lease agreement.
COMM I1 LEE Same as sponsor I
COST MR FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,200.00 per year max. $1,200.00 per year
Fund Source: GENRAL FUND
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
I MTG. DATA I= ATTACHMENTS
12/c5/05 1 Informational memo dated 11 -15 -05
Proposed lease agreement
Minutes CA &P Meeting 11 -29 -05
I
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Stacy Hansen, Human Service Speciahst
11/15/05
Way Back Inn Lease for Foster House
Project No.
ISSUE: Lease Agreement approval for the Way Back Inn referencing, "Foster House" at 14239
42nd Ave. South.
BACKGROUND: A lease agreement for the Way Back Inn referencing, "Foster House" at
14239 42nd Ave. South. This city owned house, North of Foster Library, is currently boarded up.
This lease allows the Way Back Inn, for the term of two years (unless Tukwila Village
development occurs sooner) to maintain, screen and then place qualifying homeless families into
the house for three months of free housing. During their stay, the family works to become self-
sufficient, so they are able to secure stable housing once their three-month stay is up.
We have been funding ($6,000 per year) the Way Back Inn for more than eight years. Currently,
they manage two city owned houses (Hartnett Manor and Kennedy's Cottage) and have been
good stewards of our property. The funding we provide to the Way Back Inn covers the cost of
utilities and materials for needed repairs on those houses. Since Foster House has become
available in the midst of a funding cycle, the city is proposing to cover the electrical costs, as
long as they do not exceed $1200.00 per year.
DISCUSSION/ANAL YSIS/ ALTERNATIVES
RECOMMENDATION: Having a nonprofit agency manage the house allows it to be used
for much needed transitional housing for families, but it also protects the property from squatters,
vandals and keeps it attractive for the rest of the neighborhood.
Attachments: Please note lease is attached.
RESIDENTIAL LEASE - Foster House
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The following agreement identifies a relationship between the Way Back Inn and
the City of Tukwila for the purpose ofprovidmg emergency housing assistance to elIgible
homeless families.
This Lease is made on, between the City of Tukwila, a city, as "Lessor", and The
Way Back Inn, a Washington nonprofit, as "Lessee", as follows:
1. PREMISES, Lessor leases to Lessee the Residence currently situated at 14239
42nd Avenue South, Tukwila, Washington.
2. TERM, The term of this lease shall be for two years, commencing on December
19,2005, and shall terminate in two years, on December 19,2007, in accordance with the
tennination provisions set forth in paragraph 19, unless sooner terminated as a result of
Lessee's default hereunder. The Lessor reserves the right to terminate the lease pnor to
the completion of the two-year time lease at any time for any reason with 60 days notice.
If early termination occurs, the Lessor will reimburse the Lessee for actual cost of
improvements Lessee made to the property up to $5,000.00 maximum with appropriate
receipts. After the initial time frame has expired, Lessee use of property would continue
on a three-month basis,
3. POSSESSION, Lessee shall be deemed to have accepted possession of the leased
premises in an "as-is" condition. Lessor has made no representations to Lessee
respecting the condition of the lease premises.
4. RENT, During the Term hereof, Lessee may occupy the leased premises rent free;
provided, however Lessee shall make all improvements at its sole expense; provided,
such improvements shall be subject to final inspection and the approval of the Lessor,
prior to the occupancy ofthe leased premises, and pay all costs associated with or arising
out of the maintenance and operation of the leased premises as set forth herein.
5. USE, Lessee shall use the leased premises to provIde free, temporary smgle
family dwellings for homeless families with at least one child under fourteen years of
age, and all current uses incidental thereto, and for no other purpose without first
obtaining Lessor's prior written consent.
6. LESSEE MAINTENANCE AND REPAIR RESPONSIBILITY, Lessee shall,
when and if needed, at Lessee's sole expense, make repairs to the leased premises and
every part thereof; and Lessee shall maintain the lease premises in neat, clean, sanitary
condition. Tenant shall surrender the leased premises to Lessor in good condition upon
the termination of this Lease, reasonable wear and tear expected.
7. UTILITIES, Lessor shall pay prior to delinquency for all electrical services
supplied to the leased premises, as long as tenant follows energy conservation and
amount doesn't exceed $1,200.00 annually,
8. ALTERATIONS AND ADDITIONS BY LESSEE, After obtaining the prior
consent of Lessor, Lessee may make, at its sole expense, such additional improvements
of alterations to the leased premises, which it may deem necessary or desirable. Any
repairs or new construction by Lessee shall be done in conformity with plans and
specifications approved by Lessor. All work perfonned shall be done in a workmanlike
manner and shall become the property of the Lessor.
9. LIENS, Lessee shall keep the leased premises free from any hens arising out of
any work perfonned, materials furnished, or obligations incurred by Lessee.
10. INSURANCE, Prior to commencing any improvements and prior to occupancy
under this lease, at no expense to the Lessor, the Lessee shall obtain and furnish to the
Lessor, a certificate of insurance showing general liability insurance coverage including
blanket contractual coverage, which certificate (1) shall be subject to approval of the
Lessor, (2) must fully protect the Lessor from any and all claims and risks in connections
with any activity perfonned by the Way Back Inn and tenant by virtue ofthis Lease, and
(3) must specifically name the L'essor as an additional insured shall be attached to the
certificate of insurance. Such policy must provide the following minimum coverage:
a. Liability insurance written on an occurrence bases with limits no less than
$1,000,000.00 combined single limit per occurrence and $2,000,000.00
aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not limited to blanket contractual;'
products/completed operations; broad fonn property damage; and fire
legal to $100,000.0
b. Lessee shall be responsible for obtaining their own property insurance for
Lessee's personal property,
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Lessee.
The Lessee's insurance shall be primary insurance as respects the Lessor and the Lessor
shall be given 30 days prior written notice of any cancellation, suspension or material
change in coverage.
11. INDEMNIFICATION, The Way Back Inn hereby releases, discharges, defend,
indemnifies and hold hannless the Lessor, and its agents, contractors, and others from
any and all claims, costs (including attorney fees), and liability, arising in any manner,
including, but not limited to, those arising from injury or death to persons or damage to
property occasioned by any act, omission or failure of the Way Back Inn, its officers,
agents employees, whether they be direct or indirect.
12. ASSIGNMENT AND SUBLETTING, Lessee shall not assign this lease or any
part thereof, either by operation oflaw or otherwise, without first obtaining the pnor
written consent of Lessor,
13. DEFAULT, Failure by Lessee failure to observe or perfonn any ofthe covenants,
conditions, or provisions of this Lease, where such failure shall contmue for a period of
ten (10) days after written notice from Lessor to cure the default, shall constItute a default
and breach ofthe Lease by the Lessor. Lessee shall notify Lessor promptly of any
default not by its nature necessarily known to Lessor.
14. ACCESS, Lessee shall permit Lessor to enter the leased premises at reasonable
times for the purpose of inspecting the leased premises and ascertaining compliance wIth
the provisions hereof by Lessee, but nothing herein shall be construed as imposing any
obligation on Lessor to perform any such work or duties. Lessor reserves the nght to
property inspection and testing for the Lessor's future development purposes. Lessor will
give Lessee 48 hour notice in the event of access needed for property testing.
15, COMPLIANCE WITH LAWS, RULES AND REGULATIONS, Lessee shall, at
its sole cost and expense, promptly comply with all laws, statues, ordinances, and
governmental rules, regulations or requirements now in force or which may hereafter be
in force relating to or affecting the conditions, use, or occupancy of the leased premises.
Lessee shall faithfully observe and comply with the rules and regulation that Lessor shall
from time to time promulgate, including, without limitation, those regulations affecting
signage on the Property. \
16. PERMITS, Lessee shall, at its sole cost and expense, be responsible for obtaining
any permits or licenses that are necessary to perform the work and covenants of this
Lease Agreement.
17. PROPERTY TAXES, Lessor shall be responsible for keeping all property taxed
paid and up to date.
18. NOTICES, All notices under this lease shall be in writing and shall be effective
when mailed by certified mail or delivered to Lessor at the address below stated, or to
Lessee at the address below stated or to such other address as either party may designate
from time to time:
LESSOR:
CITY OF TUKWILA
ATTN: Mayor's Office
6200 Southcenter Boulevard
Tukwila, W A 98188
LESSEE:
Way Back Inn
Post Office Box 621
Renton, WA 98057
19, TERMINATION, Either party has the right to terminate this Agreement if the
other party is in default of any material obligation or representation ofthis Lease which
default is incapable of cure, or which being capable of cure, is not cured within 10 days
after receipt of written notice of such default.
20. GENERAL PROVISIONS.
a. TIME IS OF THE ESSENCE OF TillS LEASE.
b. In the event of any action or proceeding brought by either party against the
other under this Lease, the Prevailing party shall be entitled to recover for
the fees of its attorneys in such action or proceeding, including costs of
appeal, if any, in such amount as the court may adjudge reasonable
Attorneys' fees for the purposes of this provision, the terms "action" or
"proceeding" shall include arbitration, administrative, bankruptcy, and
judicial proceedings including appeals therefrom.
c. This Lease shall be construed and governed by the laws of the State of
Washington.
d. Upon termination of this Lease, Lessee shall surrender all keys to the
Resident to Lessor at the place then fixed for notice.
21. AUTHORITY OF LESSEE, Lessee and each individual executing this Lease on
behalf of Lessee represent and warrant that the or she is duly authorized to execute and
deliver this lease, and that this Lease is binging upon Lessee in accordance with Its terms.
22. WAIVER AND FORBEARANCE, No waiver by Lessor of any breach or default
by lessee of any of its obligations or agreement or covenants herein, shall be deemed to
be a waiver of any subsequent breach or default of the same or any other covenant,
agreement or obligation, nor shall forbearance by Lessor to seek remedy for any breach
or default of Lessee be deemed a waiver by Lessor it its rights and remedies wIth respect
of such breach or default.
THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR.
IN WITNESS THEREOF, the parties hereto have executed this Lease the date
and year above written.
LESSOR:
By:
Its:
Date:
LESSEE:
By:
Its:
Date:
Waybadcinnpropertylease.fosterhouse
Community and Parks Committee
November 29,2005
Present.
Joe Duffie, Chair; Joan Hernandez, Dennis Robertson
Rhonda Berry, EVIe Boykan, Stacy Hansen, Bruce Fletcher, Lucy Lauterbach
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1. 'Way Back Inn Lease A2reement 'Nay Back Inn currently manages three homes 111 TukwIla:
a duplex (Hartnett Manor) near the Macadam wetlands, and Kennedy's cottage. Another Clty-
owned house IS now being proposed for use by the Way Back Inn group The home IS Just north
of Foster Library on 42nd. The lease allows Way Back Inn to use the house for two years. It
needs some repairs before it can be u,sed as a home, and vVay Back Inn will make those
improvements. The City has a very good relatIonship wIth Way Back Inn, whIch has one part-
time famlly screener staff person and is otherwise staffed by volunteers. The lease agrees to pay
the electnc bills for the house if the bIlls do not exceed $1,200 per year
Joan said the Hartnett Manor had some plIed up junk on its porch for up to six months. There
was also a sofa under a tarp in the yard. Stacy saId this was not usual practice for the group. They
keep furniture to give to familIes when they move out, but the shed they keep the furnIture 111 IS
fairly small. Because the group is eager to begin work on the Foster House, the Comrmttee
recommended the agreement to the December 5th agenda. Recommend authorizin2 mayor's
si2nature on agreement to December 5 meeting.
2. Land Donation on Macadam Land adjacent to the fence for 1-5 is being offered to the City
as a land donation. The 1.34 acres will be kept as a greenbelt. ThIS IS the area that has been the
site of parking and car repairs prevIOusly, and concrete bamers now prevent parking, Bruce and
Rhonda commented that CIty ownership of the property will allow better control of It 111 contrast
to the time when ownershIp was dIfficult to locate. Recommend land acceptance to COW.
~~ Committee chair approval
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