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+ CHANGE Contract Transactions +
+ Contract Number 4434 +
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+Vendor Name DONTOS, JONELLE +
+Subject SR304 TIP - 1429 CHARLESTON BEACH ROAD
+Department ENGINEERING
+Status Code REN
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Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
of
$4650.00 +
05/01/2004 --
11/30/2004 .-
02/15/2006 +
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of
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....
Insurance Total
Insurance Review Date
$0.00
of
Comments
PROTECTIVE RENTAL - WSDOT PARCEL NO 3-08385
VAULT 01/01/2006
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COMMERCIAL LEASE AGREEMENT
SR304 TRANSPORTATION IMPROVEMENT PROJECT
(PN:A42046)
Rental Agreement No. I
Name: Jonelle Dontos
WSDOT Parcel No. 3-08385
Property Address: 1429 Charleston Beach Road
PROTECTIVE RENTAL
A. PARTIES: Jonelle Dontos , hereinafter referred to as
"Landlord"; and CITY OF BREMERTON, a municipal corporation, hereinafter referred to as "City".
B. RECITALS:
WHEREAS, Landlord owns real property commonly known as 1429 Charleston Beach Road.
Bremerton Washington, hereinafter referred to as "Property", and;
WHEREAS, the property is physically located where the City will be constructing a roadway
improvement known as the SR304 Transportation Improvement Project, hereinafter referred to as "Project",
and;
WHEREAS. the City will have to acquire the Property in order to complete the Project, and;
WHEREAS, on the Property is a structure, usually used as a residence that is currently vacant, and;
WHEREAS, RCW 8.26 requires, under certain circumstances, relocation assistance be paid to people
displaced as a direct result of public works programs of state and local governments, and;
WHEREAS, relocation expenses to be paid by the City can be reduced when the City rents vacant
properties and reduces the number of tenants displaced in the Project area, and;
WHEREAS, it is anticipated that negotiations for acquisition of the Property will commence
In August. 2004, and;
WHEREAS, the Washington State Department of Transportation, hereinafter called "WSDOT", is
assisting the City in the acquisition of right of ways and the administration of this Project.
C. AGREEMENT:
Landlord does hereby rent and lease unto the City, the property located at 1429 Charleston Beach Road,
Bremerton, Washington, in the County of Kitsap, WSDOT Parcel No. 3-08385 .
I. Term. This Agreement shall commence on Mav I. 2004 for a term of 6 (six) months or as
terminated by the City pursuant to paragraph 3.
2. Rent. The monthly rental rate of the property shall be $775.00 (Seven Hundred and Seventy Five
Dollars and noli 00). The City shall not be required to make any deposits or pay any fees normally
Rental Agreement: 3-08 385
SR304 Transportation Improvement Project
Page I of4
associated with leasing of the units as they become available. The City will pay rent for the property
on a monthly basis by the 1~t day of each month.
3. Termination. City may terminate this Agreement without cause by giving written notice of
cancellation to Landlord upon thirty days (30) notice.
4. Refund. Upon the City becoming the Landlord of the Property or having possession under a
"Possession and Use Agreement' pfior to terminating the lease as outlined under paragraph 3, above, a
pro rata refund of rents will be granted by Landlord to City based upon the date of closing, date of
possession under the Possession and Use Agreement, or date of termination, whichever comes first.
5. Late Charge. If any payment of rent or if any other sum due to Landlord is not received by Landlord
5 days after the agreed upon due date, (as referred to in Paragraph 2), a late charge of $5/day shall be
added to the amount due and the total sum shall become immediately due and payable to Landlord.
Acceptance of late payment charges and/or any portion of the overdue payment by Landlord shall in
no event constitute a waiver of City's default with respect to such overdue payment, nor prevent
Landlord from exercising any other fights and remedies granted in this lease.
When late payments exist, any payments received will be applied first to the late payment and may
include late payment fees.
6. Payment. Payments by the City are to be made payable to Jonelle Dontos
and mailed to P.O. BOX 96, EDMONDS, WA 98020.
7. Utilities/Assessments. Landlord and the City further agree that the City shall not be responsible for
any utility billings or assessments unless the City occupies the unit as outlined herein. The Property
may be occupied for project field office use during the term of the Rental Agreement. If Property is
used as a project office, the City will be responsible for utility billings.
8. Fixture/Improvements. City shall not remove any fixtures or improvements, alter or make
improvements to the premises unless agreed to by Landlord, in writing, and any such fixtures and
improvements shall remain upon and be surrendered with the premises at the termination of this rental
agreement if the City does not become the owner or possessor through a Possession and Use
Agreement of the Property.
Landlord and City further agree that City may protect property by boarding windows and doors,
trimming of vegetation, additional locks and similar actions.
9. Conditions/Maintenance. City has examined the dwellings and has found them to be clean and in
good order and repair. City shall keep and maintain the premises in a neat, clean, and sanitary
condition at all time. At the end of this tenancy, if the City does not become the owner or possessor of
Property pursuant to a Possession and Use Agreement, the City shall surrender the premises, to
Landlord in as neat, clean, and sanitary condition as received except for reasonable wear and tear.
10. Inspections. Landlord reserves the fight to make periodic inspections and emergency repairs to the
premises. However, all inspections and emergency repairs shall be done in a professional workman-
like condition, with the least amount of disruption to the City as possible.
11. Maintenance and Repair. City shall keep the Property and the entries immediately adjacent thereto
in a neat, clean and safe condition, maintain the glass of all windows and doors thereof, and maintain
the Property and entries thereto in a good state of repair, and shall commit no waste of any kind.
Rental Agreement: 3-08 385 Page 2 of 4
SR304 Transportation Improvement Project
Landlord shall maintain the roof, exterior walls, foundations, electrical, mechanical and other utility
systems, except that City shall pay for any damage caused by City, its agents, employees or invitees, or
caused by City's use of the Property.
12. Hold Harmless. Landlord, its successors or assigns, will protect, save and hold harmless the City, its
authorized agents, officers, and employees, from all claims, actions, costs, damages or expenses of any
nature whatsoever by reason of the acts or omissions of Landlord, its assigns, agents, contractors,
licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts
or activities authorized by this rental agreement whether those claims, actions, costs, damages, or
expenses result from acts or activities occurring on or off the lessees premises. Landlord further
agrees to defend the City, its agents, officers, or employees, in any litigation, including payment of any
costs, or attorney's fees, for any claims or actions commenced thereon arising out of or in connection
with acts or activities authorized by this rental agreement. This obligation shall not include such
claims, costs, damages or expenses which may be caused by the sole negligence of the City or its
authorized agents or employees; Provided, that if the claims or damages are caused by or result from
the concurrent negligence of (a) the City, its agents, officers, or employees, and (b) Landlord, its
agents or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision
shall be valid and enforceable only to the extent of the negligence of Landlord or Landlord's agents or
employees.
13. Modifications. This instrument contains all the agreements and conditions made between the parties
hereto pertaining to the rental of the property herein described and may not be notified orally or in any
other manner other than by an agreement in writing signed by all parties hereto. The receipt of rent by
Landlord, with knowledge of any breach of this rental agreement by the City, or of any default on the
part of the City in the observance or performance of any of the conditions or covenants of this
agreement, shall not be deemed to be a waiver of any provision of this agreement. No failure on the
part of Landlord to enforce any covenant or provision herein contained, nor any waiver of any right
thereunder by Landlord, unless in writing, shall discharge or invalidate such covenant or provision or
affect the right of Landlord to enforce the same in the event of any subsequent breach or default.
14. Assignment. City shall not assign this lease or sublet any part of the property herein described
without Landlord's prior written consent. City covenants that this agreement is entered into as a
principal and that City is not acting for any undisclosed principle. However, the City has the right to
allow the City or State of Washington, Department of Transportation, (WSDOT), to occupy those
units necessary for use as a project field office.
15. Totality of Agreement. It is understood that no guarantees, representations, promises, or statements
expressed or implied have been made by the City except to the extent that the same are expressed in
this Agreement. And it is further understood that this Agreement shall not be valid and binding upon
the City or Landlord unless and until accepted and approved by the Mayor or her duly authorized
representative.
16. Interpretation. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Washington. The titles to paragraphs or sections of this Agreement are for convenience
only, and shall have no effect on the construction or interpretation of any part hereof.
17. Notices. Wherever in this written Agreement written notice are to be given or made, they may be sent
by certified mail to the following people at the addresses as shown herein unless a different address
shall be designated in whting or delivered to the respective party hereto:
Rental Agreement: 3-08 385 Page 3 of 4
SR304 Transportation Improvement Project
To Landlord:
Jonelle Dontos
PO Box 96
Edmonds, WA 98020
To City:
City of Bremerton City of Bremerton
City Clerk City Engineer
239 ~ 4th Street 3027 Olympus Dr
Bremerton, WA 98337 Bremerton, WA 983104799
18. Recitals. The Parties agree that the facts set forth in the recitals to this Agreement are correct as of the
effective date of this Agreement, and further agree that the terms and recitals shall be incorporated
herein and construed as part of this Agreement.
Dated this ~ day of
LANDLORD: ~RE~
CARY B(~ZEMAN, Mayor
FORM:
,~'-O~GER A. L~OVICH, City Attorney
DEPARTMENTAL APPROVAL:
~rJ~7~ D~r~-c-~.~.y~- , Public Works & Utilities
R ALEGAL\C on ~actshuUB LIC WORKS\Commercial Lease Agreement SR304.dec
Rental Agreement: 3-08 385 Page 4 of 4
SR304 Transportation Improvement Project