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HomeMy WebLinkAbout4671 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4671 DAVIS - KENNY D Residence - McKenna Falls PW Admin LEG 16-3 11/01/2007 01/31/2008 02/15/2010 01/01/2010 $500/mo plus leasehold tax Month-to-month after 10/08 Termination w/20 days notice ~ Ad~;.'l CO~1 RENTAL AGREEMENT McKenna Falls Residence This RENTAL AGREEMENT is entered into and signed on Whereas the City ofBremerton (Owner and/or Landlord) leases to Kenny D. Davis jointly and severally, herein, referred to as "Tenant". Tenant hereby leases from Owner, the "Premises" located at 9600 McKenna Falls Road. Bremerton. W A , County of Kit sap, State of Washington, upon the following terms and conditions: h 1 ~0l 01 r\ d- ~". \0 ~ 1. TERM: (l 1"0 ~ \o~ ~'\.~ A. Term: The term of this Lease shall belfor the period of J1-fmonths commencing on 11/1/07 and terminating on 10/31/08. At the conclusion of this stated lease term, written notice of termination is required by either party at least twenty (20) days prior to the beginning of the next rental period with a full month of rent due and payable in advance on the fIrst of each and every month thereafter with all other terms and conditions remaining the same. B. Holding Over: In the event that Tenant, for any reason, shall hold-over possession of the premises following the expiration of the lease, or any extensions thereof, such holding over shall not be deemed to operate as a renewal or extension of this lease, but shall only create a tenancy from month-to-month whereby all terms and conditions of this lease shall apply. Tenancy may be terminated at the will of either party upon twenty (20) days notice prior to the next rental due date. 2. RENT: The monthly rent is $500.00 plus applicable leasehold tax payable on or before the fIrst (1st) day of each month for the term of the agreement, except that the first month of rent shall be paid prior to the first day of the lease term. Rent for any period which is less than one (1) month shall receive a prorated portion of the stated rent based on a thirty (30) day month. Should the first (Ist) month require a pro-ration, it will be calculated and paid in the second (2nd) month, with the first (Ist) month being a full rental payment. Rent is to be received and made payable to Owner's at: (),\ ?11iY()j'-;~~ ~ 'V0~'Z-CO t ~ ~'b ,D JVI#" or to such other designated person as Owner may, in writing, direct. Payment shall be made by a single Personal Check, Cashiers Check, or Money Order. CASH PAYMENTS WILL NOT BE ACCEPTED. _Dept. of Public Works & Utilities 3027 Olympus Drive Bremerton. W A 98310 3. LEASEHOLD EXCISE TAX. Tenant agrees to pay the leasehold excise tax pursuant to Chapter 82.29A RCW. Leasehold tax shall be 12.85% of monthly rent. For example, if rent is $500.00 per month, then the leasehold tax is $64.20 per month. Leasehold tax shall be paid monthly pursuant to Section 2 and shall be subject to change with notice to Tenant as set forth herein. 4. LATE RENT: Rent received after the first (1 st) day of each month shall be considered delinquent. There will be a late fee of $75.00 (seventy-five dollars), plus $10.00 (ten dollars) per day late charge for any rent payment received after the Fifth (5th) day of the month. A grace period of two (2) days may be allowed without penalty provided previous aqangements are made with the landlord. 5. FAILURE TO PAY RENT: If Tenant fails to pay rent, it will result in service of a Notice of Eviction. If rent is not received within three (3) days of eviction notice, Tenant will be guilty of unlawful detainer and subject to eviction as provided by law. Acceptance of partial payment of rent is not waiver of any Notice of Eviction served. 6. NON-SUFFICIENT FUNDS (NSF): If any check tendered by Tenant is returned due to insufficient funds, Tenant shall immediately replace check with a Cashiers Check or Money Order and pay a fee of $30.00 (thirty dollars) for the first offense, and $50.00 (fifty dollars) for any repeat offense. Non-sufficient funds not replaced by the fifth (5th) day of the month will additionally be considered late, regardless of the date funds were originally tendered and be subject to late charge procedures and fees as outlined in section 3 (three) of this Lease. Tenant further agrees to remit all future rent payments in the form of a Cashiers Check or Money Order unless otherwise waived by Owner in writing. 7. USE: It is agreed that the premises are rented for the sole occupancy by no more than _2_ adults, each of whom must execute this Lease Agreement jointly and severally as "Tenant", and _2_ minors consisting of: Tenant's Children . Additional occupants are strictly prohibited except by written consent of Landlord. Tenant hereby agrees not to sublet the whole or any part of the premises, nor assign this Agreement, or any interest therein, without the written consent of the Landlord. Tenant agrees to conform to municipal, county and state codes, statues, ordinances and regulations concerning the use and occupation of said premises. The premises shall be used solely for residential (non- business) purposes. 8. SECURITY, DAMAGE & CLEANING DEPOSIT: Tenant agrees to deposit an amount equal to $ _ NA _ to be held as a security, damage and cleaning deposit payable upon the execution of this agreement (such funds are not to be used by Tenant as a last months rent payment). Tenant acknowledges receipt of an inspection form to be completed at the time of move-in. The security, damage and cleaning deposit sum shall be deposited by the Landlord into a trust account with NA . Any interest paid on said deposit shall be in favor of the Landlord. Said deposit shall be returned to Tenant upon termination of the tenancy and only upon the Tenant meeting the following conditions: A. Tenant shall have cleaned and restored the premises to its condition at the commencement of the tenancy (normal wear excepted) as evidenced by the Property Condition Report signed by the Tenant prior to occupancy. A charge of $_30.00_ per hour will be made for any time required to clean the rental unit after it is vacated. B. Tenant shall have maintained keys and return to Landlord all keys provided during the tenancy. T enant( s) understand and agree that rent will continue to accrue and will be charged until Tenant returns keys to Landlord. Tenant shall have repaired any damage to the premises, furnishings, or equipment, caused by him/her, family or guests, and replaced any lost, missing, or damaged items or equipment provided during tenancy. A charge will be made for the cost of restoring the rental unit to its original condition for any damages incurred during this tenancy (normal wear excepted). Tenant shall have complied with all terms and conditions of this Agreement and the Residential Landlord-Tenant Act (RCW 59.18 et seq). Tenant shall occupy the premises for _NA_ months or longer (specified above). Rimtal rates ale bMed on ltmg term eecuJlaa~y, aRd :mould the IGsiaeBt "/ftCatc the premis€s prior to the above tefffliRatioR date, thg gRtire deposit will b@ f{)rfeitcd, and T@AaAt may gg held liable for the remainaer ef reats t:lRtil the lease peried is \:Ip, or 'lAtil the re3icleRcc is rc-rentcd, ~hich.c-;cr oeeurs first. A charge (as allowed by Washington Law) will be made for failure to give proper notice (20- days written notice prior to end of rental period). Any unpaid rent, penalties, or late charges will be deducted from the Security, Damage & Cleaning Deposit by the Landlord. Landlord will use the Security, Damage & Cleaning deposit at the termination of this lease: 1. To pay the cost of any charges owed by Tenant at the termination of this lease. 2. To reimburse the cost of repairing any intentional or negligent damages to the dwelling unit caused by Tenant, household members or guests. The deposit may not be used to pay rent or other charges while Tenant occupies the dwelling unit. No refund of the deposit will be made until Tenant has vacated, and the dwelling unit has been inspected by the Landlord. The Landlord or agent agrees to refund any monies due Tenant, subject to the terms laid out herein to his/her last known address within 14 days of termination of the Lease and vacation of the premises, or if the Tenant abandons the premises, within 14 days after the Landlord learns of the abandonment. The Landlord shall give a full and specific statement for any funds withheld, together with the payment of any refund due the Tenant under the Terms and Conditions of the Lease. The Landlord complies with this requirement if the statement or payment or both are deposited in the United States mail addressed with first-class postage pre-paid to the Tenant's last known address or delivered personally to Tenant. If correspondence is returned to sender because Tenant failed to provide a forwarding address, the Landlord provided a good-faith effort and is not further responsible for attempting to furnish money or statement to Tenant. Should any check, funds, or fees be deemed uncollectible from Tenant, a collection/processing fee may be assessed by Landlord of up to twice the amount due, and account may be turned over to a collection agency, or pursued by other legal means. Landlord's withholding of any portion of said Security, Damage & Cleaning deposit does not constitute a waiver of any claim for amounts in excess of said deposit for Tenant's breach of any of the conditions described herein. (of zb(07 ~ / C. D. E. F. 9. LEASE BREAK OBLIGATIONS: If Tenant abandons the tenancy prior to the expiration of the Lease and fails to perform its obligations, Tenant will continue to be responsible for: 1) all rent accrued during the period necessary to re-rent the premises at a fair rental value.; 2) the difference between such fair rental and the agreed rent; 3) actual costs incurred by Owner in re-renting the premises, including without limitation any utility charges, advertising costs, and a re-leasing fee on the agreed amount of $50.00 (fifty dollars) per month of the remaining term of the lease; 4) statutory costs and reasonable attorney's fees. 10. NON-REFUNDABLE FEE: Tenant has deposited a non-refundable fee in the amount of $ NA_ for the following stated purposes: NA 11. ACCEPTANCE: Tenant will examine the rental premises, furniture, and equipment, if any therein, and will complete and return to Landlord within two (2) business days, a Property Condition Report, accepting said premises, furniture, and equipment in their present condition and agrees to keep them at all times in as good order and condition as th~ same are now in (as set forth in the Property Condition Report), or may be put by landlord. Ordinary wear resulting from careful usage, and damage by the elements without fault on the part of Tenant alone excepted. This provision shall not be construed as a waiver by Tenant of his/her legal rights. 12. LIABILITY: Tenant agrees not to hold landlord or his agent liable in any manner for or on account of any loss or damage to tenant's personal property, or for any injury to tenant, his/her family, guests or employees or any other person entering the premises (or the building of which the rented premises are part), damage arising under law, actions sustained by third parties, fire, theft, water, earthquake or the elements. Tenant shall maintain renter's insurance. 13. PETS: No animals shall be allowed on the premises without the prior written consent of the Owner. In the event that Owner consents to a pet, Tenant agrees that Owner may have all the carpeting cleaned and exterminated at Tenant's expense. Allowable pets include: dog. cat 14. SMOKE DETECTORS: The parties acknowledge that the premises are equipped with a smoke detection device to comply with the Residential Landlord-Tenant Act and that the device is in working order. Tenant shall maintain in good working order the smoke detector device at all times, including the p~riodic replacement of batteries when necessary for proper operation. 15. TERMINATION: Tenant agrees to give Landlord or his agent, in accordance with law, written notice 20 (twenty) days prior to the last day of a monthly rental period of his/her intention to vacate the rented premises. Tenant agrees that the Landlord or his agent shall have the right to place or maintain "FOR RENT" signs in and on said premises, and to show said premises to prospective Tenants at reasonable times after notice to vacate has been given by or to Tenant. All bills must be paid before furniture is removed. Tenant must be vacated prior to midnight of the day preceding the rent due. Tenants remaining beyond that time may be considered illegal detainers and will be subject to the penalties provided by law. If Tenant defaults in the payment of rent and is absent from the premises for seven (7) consecutive days or more, the premises will be considered abandoned and tenancy terminated; Landlord shall be entitled to take possession of the premises as allowed by law. In the event of default in payment of any installment of rent or at the expiration of said term of this agreement, Tenant will quit and surrender the said premises to Landlord. 16. MILITARY CLAUSE: This rental agreement between Tenant and Landlord shall have incorporated into it a "Military Clause" which is understood by both parties to mean that Tenant, if in the Military, shall have the opportunity to be excused from the lease term if Tenant has a permanent change of duty station further than 30 miles away from the residence. Tenant must provide a copy of the orders (within 48 hours of receipt of said orders) at least 20 (twenty) days prior to the end of a rental period in order to be released from the lease agreement. If Tenant is unable to do so, he/she may be financially obligated to the agreement until the rental term has been satisfied. Tenant further understands and agrees that "Military Clause" shall in no way be interpreted to mean that the availability of family housing, discharge of service, or any other changes or circumstances will release Tenant from the rental agreement. 17. ALTERATIONS: Tenant shall make no alterations to the premises, fixtures, locks (no installation of new locks or change to existing locks) or wiring, nor shall Tenant do any painting or other redecorating of the premises without the written consent of Landlorc,l, except as provided by law. Nails, tacks, screws, brackets, or fasteners shall not be used on any part of the dwelling unit (a reasonable number of picture hangers excepted) without authorization by the Landlord. Repairs to damage resulting there from will be paid by the Tenant. 18. LOST KEYS: In the event that the Tenant loses the keys or is locked out of the residence, it is the Tenant's responsibility to obtain additional key~ or entry at tenants' expense. The Landlord or Owner shall retain a set of keys to the property. If the Landlord or maintenance staff is requested to come to the property by Tenant, a service fee will be charged to the Tenant (minimum $35.00) to have the door opened. If the key is lost, the Tenant will pay for key replacement in addition to the service fee. 19. RIGHT OF ENTRY: Tenant agrees to allow Landlord or his agent free access to the premises at all reasonable times for the purpose of showing the premises to prospective tenants or purchasers, inspecting said premises, making necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services. Landlord or his agent may enter said premises without the consent of Tenant in cases of emergency or apparent abandonment. This shall not imply that Landlord shall make any repairs not required by law or specific contract. Landlord shall give at least one (1) day written notice of his intention to enter unless it is impracticable to do so. 20. DEFAULT: The rental premises shall not be used for any illegal or immoral purpose. If Tenant permits or commits any nuisance, Landlord may terminate the tenancy in accordance with law. Tenant must assure that Tenant, any member of the household, a guest, or another person under Tenant's control shall not engage in any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Landlord's premises by other residents or employees of the Landlord. There shall be no drug-related criminal activity on or off the premises. Any criminal activity in violation of the preceding sentence shall be cause for termination of tenancy, and for eviction from the unit. (For the purposes of this lease, the term drug-related criminal activity means the illegal possession, manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use, of a controlled substance as defined in RCW 69.41; 69.50; or 69.52.) There shall be no gang related activity at the premises as defined in RCW 59.18.030. Tenant further agrees that if he/she violates any of the other terms or conditions of this agreement, Landlord may terminate this tenancy in the manner provided by law. In the event Landlord shall bring proceeds to evict Tenant or if it becomes necessary for Landlord to enforce any of the terms of this agreement, Tenant agrees to pay all costs, expenses and attorney's fees incurred and allowable by law. Tenant understands and agrees that the venue of any legal action brought under the terms of this agreement shall be in Kitsap County, Washington, the county in which the premises are situated. 21. PEACEFUL ENJOYMENT OF ACCOMMODATIONS: Tenant agrees to act and cause household members or guests to act in a manner that will not disturb other residents' peaceful enjoyment of their accommodations. Tenant agrees to be conducive to maintaining all Landlord property in a decent, safe, and sanitary condition and refrain from loud parties or loud stereo playing. All radios, stereos, etc. must be turned down very low or off at 11 :00 PM. Loud music is prohibited at all times. This rule is strictly enforced. 22. MAINTENANCE OF PREMISES: Tenant agrees to mow and water grass and lawn, keep the grass, lawn, flowers and shrubbery thereon in good order and condition and to feed them when necessary (unless otherwise specified). Tenant agrees to keep the sidewalks surrounding the premises free and clear of all obstructions. Tenant shall pay for Landlord to replace all glass or doors which might become broken during tenancy and to use precaution against freezing or stoppage of water or water pipes in and around the residence. Tenant shall pay for all repairs of damage caused by neglect in this or any other area. 23. ADDITIONAL TENANT OBLIGATIONS: Tenant shall be obligated: A. Not to display, use, or unlawfully possess or allow members of Tenant's household or guests to display, use or unlawfully possess any firearms, (operable or inoperable) or other offensive weapons as defined by the laws and courts of the State of Washington anywhere in the unit or elsewhere on the property of the Landlord. B. No combustible fluids or other fire hazards shall be kept in bulk or exposed in the building. C. To take reasonable precautions to prevent fires and to refrain from storing or keeping flammable materials upon the premises. Tenant shall take care not to overheat kitchen ranges. To not obstruct sidewalks, areaways, galleries, passages, elevators, or stairs, and to not use these for purposes other than going in and out of the dwelling. No antennas shall be installed in or on the unit without written permission of Landlord. To drive safely on the roadway and not drive over any curb, walk, lawn or landscaping. To park any vehicle only in areas designated by the Landlord (if parking is available). To refrain from parking any vehicle in any right-of-way, fire lane, or other area not specifically designated for parking and to not store or park any boat, trailer, camper, bus or commercial vehicle on the leased premises or project grounds without prior written approval of the Landlord. To not permit vehicles such as motorbikes, motorcycles, or motor scooters inside the dwelling unit. To remove from the Landlord property any vehicle without valid, current registration tags or that is not road-worthy and in running condition. Any inoperable or unlicensed vehicle may be removed from Landlord property at Tenant's expense pursuant to sate law. To remove any personal property left on Landlord property when Tenant leaves, abandons, or surrenders the dwelling unit. Property left by the Tenant will be stored and/or disposed of by the Landlord pursuant to RCW Chapter 59.18. To use reasonable care to keep the dwelling unit in such condition as to ensure proper health and sanitation standards for Tenant, household members and neighbors. TENANT SHALL NOTIFY THE LANDLORD PROMPTLY OF KNOWN NEED FOR REPAIRS TO THE DWELLING UNIT, and of known unsafe or unsanitary conditions in the dwelling unit or in common areas and grounds of the project. Tenant's failure to report the need for repairs in a timely manner shall be considered to contribute to any damage that occurs. Tenant shall not permit a nuisance or common waste. Tenant shall properly dispose of rubbish, garbage and waste in a clean and sanitary manner at reasonable and regular intervals and to assume all costs of extermination and fumigation for infestation caused by Tenant, and agrees to keep premises in a clean and sanitary condition. All litter cans must be kept clean by the Tenant and all garbage and other refuse must be kept in containers. ~ Tenant shall be responsible upon lease commencement to pay, iU:., ~~9n to rent, ~~.v... [ for all public utilities charged against the premises except for ~ r Ie.. +t which 0 l?J<; cf1 shall be paid by the Owner. Tenant will pay promptly any utility bills for utilities \ supplied to Tenant by a direct connection to the utility company, and to avoid disconnection of utility service for such utilities. In addition to public utilities, Tenant is responsible for pest control and normal plumbing stoppages. The water heater must be set at _NA_ degrees. The temperature may not be adjusted at any time. Water shall not be left running. Report any leaking faucets, stoppages or defects in the plumbing to the Landlord. Tenants will be required to pay for repair of damages to plumbing caused by their neglect. Do not use water on hardwood floors (inquire of Landlord for proper method of cleaning. Drapes and carpets must be professionally cleaned upon exit. D. E. F. G. H. I. J. K. L. M. Residents having individually operated refrigerators shall be responsible for the defrosting of same. Repairs for damage caused by failure of Tenant to defrost the refrigerator when necessary shall be paid for by Tenant. N. Tenant shall properly use and operate all furniture, furnishings and appliances, electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits. Excluding normal wear and tear. Tenant shall notify Landlord and pay for all repairs or replacements caused by Tenant, family members, pets, guests, movers or employees negligence or misuse. Tenant will be required to pay for all breakages and for all damages to the furniture, walls, windows, equipment or buildings. Tenant's personal property is not insured by Owner. O. Tenant is responsible on an annual basis to clean fire place and have the chimney swept by a licensed professional in the industry. Tenant is also responsible on an annual basis or upon move out (which ever occurs first) to have furnace serviced by a licensed professional in the industry. Receipts will be proof on move out day. 24. OWNER'S OBLIGATIONS. The Owner shall: A. Immediately notify Tenant, by certified mail or updated posting, of any changes as to the address of the 'Owner. B. Maintain all structural components in good repair. C. Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code statute, ordinance or regulation could enforce as to the premises rented if such condition substantially endangers or impairs the health or safety of the Tenant. D. Keep common areas reasonably clean and safe from defects increasing the hazards of fire or accident. E. Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy, provided however, that Owner shall not be held responsible where infestation is caused by Tenant. F. Maintain all electrical, plumbing, heating and other facilities and appliances supplied by Owner in reasonably good working order. G. Provide reasonably adequate locks and furnish keys to Tenant. H. Maintain the dwelling unit in a reasonably weather tight condition. 1. Provide a written notice to Tenants disclosing fire safety and protection information. 1. Provide Tenant with information provided or approved by the Department of Health about health hazards associated with exposure to indoor mold. 25. TERMINA nON OF THE LEASE: In terminating the Lease, the following procedures shall be followed by the Landlord ~d Tenant. This Lease may be terminated for serious or repeated violations of material terms of the Lease. Such serious or repeated violation of terms shall include, but not be limited to: A. The failure to pay rent or other charges when due. B. Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by the 5th of the month. Three such late payments within a 12-month period shall constitute a repeated late payment. C. If Tenant abandons the premises, Owner may terminate this Agreement and regain lawful possession of said premises. D. Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities. E. Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any project site. F. Criminal activity by Tenant, household member, guest, or other person under Tenant's control, or any activity that threatens the health, safety or right to peaceful enjoyment of the Landlord's public housing premises by other residents or employees, or any drug-related criminal activity on or off the premises. G. Weapons or illegal drugs seized in the leased premises by a law enforcement officer. H. Any fire on leased premises caused by the Tenant, household members or guests' actions or neglect. I. Failure to dispose of garbage, wastes and rubbish in a safe and sanitary manner. J. Determination or discovery that Tenant or any member of the household is a registered sex offender. K. Or other good cause. 26. MISCELLANEOUS PROVISIONS: The following provIsions apply to this Agreement: A. Binding Effect: This Agreement shall be binding upon and incur to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. B. Entire Agreement: Time is of the essence. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof AIl prior negotiations, agreements, representations, warranties or other matters of like or any other nature shall be of no further force or effect and are superseded by this Agreement. This Agreement may be amended or otherwise modified by an instrument in writing signed by both parties hereto. C. Counterparts: This Agreement may, but need not be, executed in one or more counterparts, all of which counterparts taken as a whole shall be deemed the entire Agreement. D. Severability: In the event that one or more provisions of the Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. E. Hold Harmless and Indemnification: In consideration of the Landlord entering into this lease agreement with Tenant, the Tenant agrees to and shall hold the Landlord harmless from any and all claims of liability or damages and to defend and indemnify said parties for any losses sustained by them from such claims of liability for damages, from any source or sources arising out of or connected with the tenant's or the tenant's agents, representative's licensee's, invitee's, or invitee's use and occupation of the leased premises, except as may be caused by Landlord's own negligence. F. Construction: This lease shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by state courts of Washington with venue in Kitsap County, Washington. The captions throughout this Lease are for convenience and reference only and shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Lease. 27. WAIVER: No delay or failure by the Landlord in exercising any right under this Lease agreement, and no partial or single exercise of any such right shall constitute a waiver (post or prospective) of that or any other right, unless otherwise expressly provided herein. Neither the acceptance of rent nor any other act or omission of Landlord at any time or times after the happening of any event authorizing the cancellation or forfeiture of this Lease shall operate as a waiver of any past or future violation, breach or failure to keep or perform any covenant, agreement, term or condition hereof, or to deprive Landlord of its right to cancel or forfeit this Lease upon the notice required by law, at any time that cause for cancellation or forfeiture may exist, or be construed so as to at any future time stop Landlord from property exercising any other option, right or remedy that it may have under any term or provision or this Lease. 28. AGREEMENT TO ABIDE: Tenant agrees to abide by the rules of tenancy outlined in this Lease. Tenant understands and agrees that this tenancy is governed by the Washington State Residential Landlord Tenant Act 1973 (RCW 59.18 et seq) and it may be amended from time to time. Tenant understands and agrees that the following forms are attached to and made part of this agreement: [ ] Application to Rent [ ] Security, Damage & Cleaning Deposit Agreement [ ] Residential Pet Agreement [ ] Smoke Detection Devise Notice [ ] Property Condition Report (Addendum A) [ ] Mold &Mildew Addendum [ ] Lawn arid Yard Care Agreement [ ] Lead-Based Paint Disclosure [ ] Oil Tank Agreement [ ] Septic System Maintenance 29. ADDITIONAL TERMS AND/OR PROVISIONS: Failure by Landlord to exercise any of his rights arising under this agreement shall not be considered a waiver of any right or condition thereof This instrument constitutes the whole agreement between the parties hereto and no representation or agreement has been made by either of such parties that is not specified herein. All provisions ofthis agreement shall remain in full force regardless of any future rental rate. C'> 30. INITIAL PAYMENT SCHEDULE: Amount Due: **Rent for the period 11/1/07 to 11/30/07_ $ 564.20 and each month thereafter based on monthly rental of$500.00/month + leasehold excise tax (12.85% as of date of this rental agreement) *Pro-ratedRentfrom~~_to~~_ $ _ **Security, Damage & Cleaning Deposit............ $_NA_ ** Non-Refundable Fee............................. .... $_NA KEY: *Pro-ration based on a 30 day month, and is due on or before the 1st of **Double starred items are to be paid prior to occupancy and shall be in the form of Personal Check, Cashiers Check or Money Order. 31. ACKNOWLEDGEMENT: THE UNDERSIGNED TENANT(S) CERTIFY THAT HE/SHE HAS READ THE FORGOING RENTAL LEASE AGREEMENT PRIOR TO EXECUTION AND AGREES TO ALL TERMS AND CONDITIONS OF THIS RENTAL LEASE AGREEMENT. I/WE HAVE THOROUGHLY INSPECTED THIS DWELLING AND AM/ARE SATISFIED THAT THE DWELLING IS HABITABLE IN ITS PRESENT CONDITION. C/>>MER~ON (LANDLORD): cdiJ ~ lo/Zq/&7 Director of Public Works DATE and Utilities R:\LEGAL\Fonns\Real Estate\Residential Rental Agreement.doc