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HomeMy WebLinkAboutReg 2003-10-06 Item 6B - Lease Agreements - Way Back Inn Houses for Transitional HousingCAS Number: 03-125 Agenda Item Title: I Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known) Fund Source (if known): Meeting Date 10/06/03 Meeting Date 10/06/03 COUNCIL AGENDA SYNOPSIS Meeting Date 10403 03 kas Initials ITEM No. Prepared by I Mayor's review I Council review I I I I I I I L L ITEM INFORMATION Original Agenda Date: 10/403 Authorize mayor's signature on leases for Way Back Inn to use two City-owned houses for their use as transitional housing. Council Admin. x The previous leases expired September 30th The City owns two houses it has no use for, and has leased them for the past five years to Way Back Inn which uses them to house working families for three months without cost. The leases have expired, and need to be reauthorized for five more years. Authorize mayor's signature on two Way Back Inn leases Community and Parks recommended leases to Council 9/23/03 Same as sponsor (little to none) RECORD OF COUNCIL ACTION Action APPENDICES Attachments Memo from Mayor's Office dated September 19, 2003 Two leases to Way Back Inn Community and Parks Committee minutes September23,2003 MEMORANDUM TO: Community Affairs and Parks Committee FROM: Mayor's Office DATE: September 19, 2003 SUBJECT: Lease of City owned property As you know, the City leases two properties to the Way Back Inn (WBI) for transitional housing. Housing is provided, free of charge, to families with school -aged children on a limited three -month basis. By being freed of housing expense for three month, families can save enough money to relocate to permanent housing. In the first half of this year alone WBI served 10 families. The leases on the two properties, located at 15421 42 Avenue South and 14688 Macadam Road South, expire on September 30,2003. Historically we have leased the houses in five -year intervals, and we are proposing to extend for another five years. The houses were purchased with Parks Open Space funds. There are no plans to develop a parks use at these locations in the near future. The committee is asked to review the leases and forward them to the full Council for consideration. RESIDENTIAL LEASE This lease is made on October 1, 2003, 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 15421 42 Avenue South, Tukwila, Washington. 2. TERM. The term of this lease shall be for five years, commencing on October 1, 2003, and shall terminate in five years, on October 1, 2008, in accordance with the termination provisions set forth in paragraph 19, unless sooner terminated as a result of Lessee's default hereunder. 3. POSSESSION. Lessee shall be deemed to have accepted possession of the leased premises in "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 a final inspection and the approval of the Lessor, prior to the occupancy of the 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 temporary single family dwellings for homeless families with children 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: Lessee shall pay prior to delinquency for all heat, light, water, and other utility services supplied to the leased premises. 8. ALTERATIONS AND ADDITIONS BY LESSEE. After obtaining the prior consent of Lessor, Lessee may make, at its sole expense, such additional improvements or 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 performed 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 liens arising out of any work performed, 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 Lessor, the Lessee shall obtain and furnish to the c:1Way Back Inn\Kennedys Cottage Lease exp. 10012008 Kennedy's Cottage 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 connection with any activity performed by the Way Back Inn and tenant by virtue of this Lease, and (3) must specifically name the Lessor as an additional insured as respects this lease and a copy of the endorsement naming the Lessor 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 basis 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 be limited to blanket contractual; products /completed operations; broad form property damage; and fire legal to $100,000. 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, defends, indemnifies and holds harmless 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 of law or otherwise, without first obtaining the prior written consent of Lessor. 13. DEFAULT. Failure by Lessee to make improvements on the house or failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this Lease, where such failure shall continue for a period of ten (10) days after written notice from Lessor to cure the default, shall constitute a default and breach of the 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. 15. COMPLIANCE WITH LAWS. RULES AND REGULATIONS. Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be Page 2 of 2 C:Wty Documents \Way Back Inn \LEASES\KC LEASE exp 10012003.doc Kennedy's Cottage 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 regulations 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 move and covenants of this Lease Agreement. 17. PROPERTY TAXES. Lessee shall be responsible for keeping all property taxes 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, Washington 98188 LESSEE: Way Back Inn Post Office Box 621 Renton, WA 98057 -0621 19. TERMINATION. Either party has the right to terminate this Agreement if the other party is in default of any material obligation or representation of this 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 THIS 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 as 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 Residence to Lessor at the place then fixed for notice. 21. A3ITHORITY OF LESSEE. Lessee and each individual executing this Lease on behalf of Lessee represent and warrant that he or she is duly authorized to execute and Page 3 of 3 C:\Mv Documents\Wav Back Inn \LEASES \KC LEASE no 10012003.doc Ft deliver this Lease, and that this Lease is binding 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 of its rights and remedies with respect of such breach or default. THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR. IN WITNESS WHEREOF, the parties hereto have executeathis Lease the date and year above written. By: Its: Date: t ill Judi Gregor It President Date: 9- 7 -G_3 Kennedy's Cottage LESSOR: LESSEE: Page 4 of 4 C:\Mv DocumentsWav Back Inn\ LEASES \KC LEASE exo 10012003.doc RESIDENTIAL LEASE This lease is made on October 1, 2003, 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 14688 Macadam Road South, Tukwila, Washington. 2. TERM. The term of this lease shall be for five years, commencing on October 1, 2003, and shall terminate in five years, on October 1, 2008, in accordance with the termination provisions set forth in paragraph 19, unless sooner terminated as a result of Lessee's default hereunder. 3. POSSESSION. Lessee shall be deemed to have accepted possession of the leased premises in "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 a final inspection and the approval of the Lessor, prior to the occupancy of the 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 temporary single family dwellings for homeless families with children 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: Lessee shall pay prior to delinquency for all heat, light, water, and other utility services supplied to the leased premises. 8. ALTERATIONS AND ADDITIONS BY LESSEE. After obtaining the prior consent of Lessor, Lessee may make, at its sole expense, such additional improvements or 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 performed 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 liens arising out of any work performed, 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 Lessor, the Lessee shall obtain and furnish to the Hartnett Manor 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 connection with any activity performed by the Way Back Inn and tenant by virtue of this Lease, and (3) must specifically name the Lessor as an additional insured as respects this lease and a copy of the endorsement naming the Lessor 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 basis 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 be limited to blanket contractual; products /completed operations; broad form property damage; and fire legal to $100,000. 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, defends, indemnifies and holds harmless 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 of law or otherwise, without first obtaining the prior written consent of Lessor. 13. DEFAULT. Failure by Lessee to make improvements on the house or failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this Lease, where such failure shall continue for a period of ten (10) days after written notice from Lessor to cure the default, shall constitute a default and breach of the 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. 15. COMPLIANCE WITH LAWS. RULES AND REGULATIONS., Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be Page 2 of 2 c:\My Documents/Way Back Inn \Leases\HM Lease exp. 10011008.doc 1+ Hartnett Manor 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 regulations 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 move and covenants of this Lease Agreement. 17. PROPERTY TAXES. Lessee shall be responsible for keeping all property taxes 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, Washington 98188 LESSEE: Way Back Inn Post Office Box 621 Renton, WA 98057 -0621 19. TERMINATION. Either party has the right to terminate this Agreement if the other party is in default of any material obligation or representation of this 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 THIS 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 as 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 Residence 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 he or she is duly authorized to execute and Page 3 of 3 c:VuWy Documents/Way Back Inr8Leases\HM Lease exp. 10011008.doc Hartnett Manor deliver this Lease, and that this Lease is binding 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 of its rights and remedies with respect of such breach or default. THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR. WITNESS WHEREOF, the parties hereto have executefthis Lease the date and year above written. By: Its: Date: By: 'J A,G Jry Gre President Date: Q 7-- 83 LESSOR: LESSEE: Page 4 of 4 c:\My Documents/Way Back Inn \Leases \HM Lease exp. 10011008.doc Community Affairs Parks September 23, 2003 Page 2 3. Lease of City owned Property The City owns two homes (one a duplex) which it leases to Way Back Inn for housing homeless families. Both have had 5 year leases, which are expiring, and Rhonda asked that new leases for 5 years be approved. Way Back Inn takes care of maintenance of the buildings, taxes, and utility bills, all of which they try to do with grants and volunteers. In answer to a question, Rhonda says Way Back Inn allows only parents with a job and children stay in the homes for 3 months. The families get to take basic furnishings like beds and dishes with them when they leave. Way Back Ini'is affiliated with St Anthony's church, and is a United Way agency. Jim asked if they tracked people after they move out; Rhonda will check on that. There is a waiting list of people wanting to get in, so there is never an empty house. Recommend lease extensions to COW. 4. Mr. Treadwell's Issues Curt came to the meeting to explain that he is not a whiner, and that he is only one of the neighbors who has issues with the Crestview Park. He went over the comments that had been made at the last meeting, and explained them. He agreed that since the picnic shelter is built on concrete and has water and electricity it would be very hard to move, but he thought concentrating all the activities of the park near where the houses are was bad. His house is closest to the park being only 35 yards from the play area and picnic shelter, and 10 yards from basketball when it was there. Curt thought all parks in residential areas should have shorter hours. His neighbors appear to have had their issues addressed satisfactorily, but he will try to get them to come to the next meeting. Curt said when the plans of the park were shown, they didn't show the difference in elevation that eventually was needed. The picnic shelter encourages people to congregate, though he realized it wasn't easy to move. All of the activity is close to his house. He said he got Direct TV, and when some trees grow taller they will block his reception. He said people are at the park at midnight, or people are in the park or are walking their dogs at 4 or 5 am. when the park is not open. No tickets or arrests have been given or made, and there is no record of response times, which he says are often an hour. He challenged Joe's statement that Joe didn't want to do a lot more to help Curt. Joe explained that he too lived by a park with illegal after -hours activity. Parks, Joe said, are for the kids who need a place to play and let off steam. Joe said he hadn't heard from any other citizens about this park. After some discussion, he agreed with Curt that after -hour activities need to be addressed. Curt said that the City owning that park which draws in people could make the City liable for things that happen at Curt's house as a result of people at the park. Curt now has dogs that are harassed by park users because they bark. Jim said he appreciated Curt's remarks, and that they were a big improvement over his C.R.A.P. writings. Curt said he appreciated Bruce's work to put in plantings, post park hours, and take out the basketball court. Curt said he thought the City could do more to help. It's only 3% of the people who are a problem. Reschedule. 5. Off Leash Doe Park The new off leash dog run park at Grandview Park in Sea Tac is scheduled for a grand opening October 4` The only mayor who will speak is from Sea Tac. An invitation will follow. Information. 1/41,., F Committee chair approval