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HomeMy WebLinkAbout4398 +--------------------------------------------------------------------------+ ==Enter Search Criteria, Press Esc Key to Transmit + ==Press Del Key to Terminate Delete Mode + CHANGE Contract Transactions + Contract Number 4398 + = =Vendor Name :+=Subject =fDepartment ==Status Code RAMIREZ, JONI 1978 PRICE ROAD PARKS RES =f Insurance Type Amount Amount Begin Date End Date Review Date $700.00 11/01/2003 07/31/2005 02/15/2007 -- + =f Insurance Total Insurance Review Date $0.00 Comments AMENDMENT 1/05 VAULT 01/01/2007 :+= t :+= +--------------------------------------------------------------------------+ RENTAL AGREEMENT AMENDMENT BETWEEN THE CITY OF BREMERTON AND JONI RAMIREZ AND CHRIS RAMIREZ DATE: September 15, 2004 THIS RENTAL AGREEMENT MODIFICATION SPECIFICALLY AMENDS THE Kitsap Lake House Rental Agreement (the "Contract") entered into between the City of Bremerton and Joni Ramirez and Chris Ramirez on October 27, 2003. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. The first paragraph of the Contract which reads: The City of Bremerton, a Washington municipal corporation ("City"), whose mailing address is 239 4th Street, Bremerton, Washington 98337, does hereby rent unto Joni and Chris Ramirez, wife and husband ("Tenant") for the use of the Tenant as a residence located at 1978 Price Road, Bremerton, Kitsap County, Washington 98312. Joni Ramirez is a full time employee of the City of gremerton, shall be amended to read: The City of Bremerton, a Washington municipal corporation ("City"), whose mailing address is 239 4th Street, Bremerton, Washington 98337, does hereby rent unto Joni Ramirez ("Tenant") for the use of the Tenant as a residence located at 1978 Price Road, Bremerton, Kitsap County, Washington 98312. Joni Ramirez is a full time employee of the City of Bremerton, II. The parties accept all requirements of this Contract Modification by endorsing below. This document will become a supplement of the Contract and all provisions will apply hereto. It is understood that this Rental Agreement Amendment shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this Contract. RENTAL AGREEMENT AMENDMENT I IN WITNESS WHEREOF, the parties have executed this Rental Agreement Amendment on the day and year indicated. JONI RAMIREZ THE CITY OF B~TON c/ (--,) ' By Car,/Bozeman DATE: ~)~'~ ~'J ~ ~ Its Ma,/or $ C.RIS RAMIREZ DATE: /-- DATE:¢~3 D~C ¢~ APPROVED AS TO FORM: ATTESt: .M~'-~ "Cb-4f'y Cler7 '- NOTICES TO BE SENT TO: City Clerk Joni Ramirez City of Bremerton 1978 Price Road 239 Fourth Street Bremerton, WA 98312 Bremerton, WA 98337 R:\LEGAL\ContraclskPARKS\Kitsap Lake House A~nendment. l .doc RENTAL AGREEMENT AMENDMENT 2 +Enter Search Criteria, Press Esc Key to Transmit IPress Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4398 IVendor Name RAMIREZ, JONI Subject 1978 PRICE ROAD Department PARKS Status Code RES Amount $700.00 Begin Date 11/01/2003 Insurance End Date Type Amount Review Date 06/15/2005 + + Insurance Total $0.00 Insurance Review Date Comments REVIEW DATE FOR TRACKING PURPOSES ONLY City of Bremerton RENTAL AGREEMENT Page 1 of 6 Kitsap Lake House RENTAL AGREEMENT The City of Brcmerton, a Washington municipal corporation ("City"), whose mailing address is 239 4th Street, Bremcrton, Washington 98337, does hereby rent unto Joni and Chris Ramirez, wife and husband ("Tenant") for the usc of thc Tenant as a residence located at 1978 Price Road, Bremerton, Kitsap County, Washington 98312. Joni Ramircz is a full time employee of the City of Bl'¢merton, UPON THE FOLLOWING TERMS AND CONDITIONS: 1. Tenant agrees to pay as monthly rent, thc sum of Seven Hundred dollars ($700.00) including State leaseholdcr tax beginning the 1 st day of November, 2003, and continuing in advance of the first day of each month thereafter until thc termination of this Rental Agreement by one of the parties. All payments arc to be made to thc City of Bremerton via payroll deduction directly from Tenant's pay. a. Tenant shall pay, in addition to thc above rent, all charges for electricity, water, garbage, heat, telephone, and all other services supplied to thc premises. All leasehold assessments and charges not specifically assumed by thc City are thc obligation of and payable by the Tenant. b. Tenant shall make all repairs to the premises, except that thc City shall maintain all electrical, plumbing, heating, and other facilities and appliances supplied by City in reasonably good working order. c. Tenant shall not paint or wallpaper, remove any fixtures, alter, or make major improvements to thc premises without prior written approval of thc City. d. This Rental Agreement may be terminated at any time by either party by giving written notice twenty (20) days in advance of the end of a monthly rental period. e. City shall give thirty (30) days written notice to the Tenant that a rent adjustment is being made. This notice shall include the amount of the adjusted rental rate and the date the new rate is to become effective. Failure or refusal by thc Tenant to pay thc adjusted rental rate shall constitute a breach of this Rental Agreement and entitic thc City to legal recourse. 2. Tenant shall deposit with City Three Hundred & Fifty dollars ($350.00) as security for performance of Tenant's obligations in this Rental Agreement. If Tenant fails to comply City of Bremerton RENTAL AGREEMENT Page 2 of 6 with any aspect of any of the terms and conditions of this Rental Agreement, City may withhold ail or part of this deposit to indemnify City for its actual damages to the premises for which Tenant is responsible. After withholding those sums necessary to compensate City for damages to the premises for which Tenant is responsible, City shall return to Tenant all remaining sums not so withheld. City shall not collect such deposit until a written checklist or statement that specifically describes the condition and cleanliness of or existing damages to the premises and its furnishings has been provided by the City to Tenant by the commencement of the Tenant's tenancy. This checklist or statement shail address, at a minimum, the condition and cleanliness of the walls, floors, countertops, carpets, drapes, furniture, and appliances. To be effective, this checklist or statement shail be signed and dated by the City and Tenant, and a copy of the checklist or statement must be provided to Tenant. All monies paid to City under this Section shall be deposited, in trust, by City into the City's Administrative Trust Account to be maintained by the City for the purpose of holding this deposit in a bank, savings and loan association, mutual savings bank or licensed escrow agent located in Washington. City shall provide Tenant with a written receipt of her/his deposit, which receipt shail include the name, address and location of the depository. 3. Tenant acknowledges that he/she has had an opportunity to inspect the premises, has had an opportunity to consult an attorney regarding this Rental Agreement, and further acknowledges: a. that the roofs, floors, walls, foundation and all other structural components are in reasonably good repair and are usable and capable of resisting any and all normal forces and loads to which they may be subjected; b. that the promise is not currently infested by insects, rodents or other pests; c. that all electrical, plumbing, heating, and other facilities and appliances are in reasonably good working order and that those facilities are adequate to supply heat and water and hot water as reasonably required by Tenant; and d. that the dwelling unit is in a reasonably weather tight condition. 4. Tenant shail immediately establish, keep and maintain the premises in a neat, clean, safe and sanitary condition at all times as the conditions of the premises permit, and at the end of the Rental Agreement, Tenant shail surrender the premises and dwelling to the City in as clean, good and sanitary condition as reasonable use and wear and tear permit. City of Bremerton RENTAL AGREEMENT Page 3 of 6 5. Tenant shall be responsible for maintaining, in good condition, the yard surrounding the dwelling unit. This includes mowing and watering the grass, lawn, flowers, and shrubbery in good order and condition. 6. Tenant shall be responsible for keeping the sidewalk surrounding the premises free and clear of all obstructions; replacing in a neat and workman like matter, all glass and doors broken during occupancy thereof; and using due precaution against freezing of water or waste pipes and stoppage of same in and about said premises. In case water or waste pipes are frozen or become clogged by reason of neglect of Tenant, Tenant shall repair the same it his own expense as well as all damage caused thereby. 7. Tenant shall properly dispose of all rubbish, garbage and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall assume all costs of extermination and fumigation for infestation caused by Tenant. 8. Tenant shall properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by City. 9. Tenant agrees that the existing locks for the premises are reasonably adequate and that, upon termination of the tenancy, Tenant shall return all keys in her/his possession to the City. 10. Tenant shall maintain the smoke detection device(s) in accordance with the manufacturer's recommendations, including the replacement of batteries as required for the proper operation of the smoke detection device. 11. Tenant agrees that he/she shall not intentionally or negligently destroy, deface, damage, impair, or remove any part of the dwelling unit and outbuildings, including all appurtenances thereto, including the facilities, equipment, furniture, furnishings and appliances furnished by City, and Tenant further agrees that he/she shall not permit any member of his/her family, invitee, licensee--or any person acting under their control--to do so. 12. Tenant shall not assign this Rental Agreement or sublet any part of these premises, without City's prior written consent. Tenant covenants that she/he is entering into this Rental Agreement as a principal and that she/he is not acting for any undisclosed principal. 13. City reserves the right to make periodic inspections and necessary repairs to the premises upon two days notice to the Tenant and to come on to said premises with or without such notice to make necessary emergency repairs to said premises. City of Bremerton RENTAL AGREEMENT Page 4 of 6 13a. City reserves the fight to tie the Parks & Recreation Department's boat to the existing dock and park the boat trailer in the yard by the garage from May 1st through September 30th. 14. Should said dwelling be totally destroyed by fire, lightning, earthquake or any other casualty, this agreement shall be deemed terminated, forthwith. Should fire, lightning, earthquake or any other casualty partially damage said dwelling, whether or not the premises are affected thereby, City may elect to terminate this agreement or to repair such damage. If City elects to repair, the rent shall be abated in the same ratio which that portion of the premises rendered for the time being unfit for occupancy and not used or occupied by Tenant shall bear to the whole premises unless the loss was occasioned by the Tenant, in which case no abatement shall occur. 15. Upon taking possession of the premises by the City, either upon termination of this agreement or upon abandonment of said premises by the Tenant, the City or its Agent may remove from the premises all personal property of the Tenant. Disposition of any personal property shall be subject to the Residential Landlord-Tenant Act, Chapter 59.18 RCW. 16. TENANT AGREES THAT SHE/HE WILL NOT FILE ANY CLAIM OR SUIT FOR RELOCATION ASSISTANCE UNDER FEDERAL, STATE OR LOCAL LAW AND WAIVES ANY CLAIMS SHE/HE HAS, NOW OR IN THE FUTURE, ARISING FROM THOSE LAWS. 17. Tenant covenants to defend, indemnify and hold City harmless from all claims, demands, causes of action, judgments, attorney's fees, costs and expenses for property damage, bodily injuries or death arising from or connected with Tenant's use or occupancy of said premises or the area adjacent thereto, resulting directly or indirectly from the acts or omissions of Tenant, or any agent or guests of Tenant, but such obligation of Tenant shall only apply to the extent of the negligence or comparative fault of Tenant, or any agent or guest of Tenant. 18. This Rental Agreement shall be governed in all respects by the laws of the State of Washington. Any action brought by either party to enforce the terms of this agreement shall be exclusively within the jurisdiction, venue and rules of procedure of the Kitsap County Superior Court. 19. To the extent not inconsistent with any applicable federal or state law, Tenant and City hereby agree that each party shall be responsible for its own legal costs and attorney fees arising from any legal action brought by either party to enforce the terms, covenants and conditions of this Rental Agreement. City of Bremerton RENTAL AGREEMENT Page 5 of 6 20. The provisions of this Rental Agreement are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this agreement, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this Rental Agreement, or the validity of its application to other persons or circumstances. 21. Any notices required or desired to be given under this Rental Agreement shall be in writing. Any notice given by mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the party to receive at the following address or at such other address as the party may from time to time direct in writing: CITY TENANT The City of Bremertun Attn: Jim Spencer, Director Joni and Chris Ramirez 239 4th Street 1974 Price Road Bremerton, Washington 98337 Bremerton, WA 98312 Telephone: (360) 478-5305 Telephone: ( ) Facsimile: (360) 478-5882 22. 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 modified orally or in any other manner other than by an agreement in writing signed by all parties hereto. The receipt of rent by the City with knowledge of any breach of this Rental Agreement by the Tenant or of any default on the part of the Tenant in the observance or performance of any of the conditions or covenants of this Rental Agreement shall not be deemed to be a waiver of any provision of this Rental Agreement. No failure on the part of the City to enforce any covenant or provision herein contained, nor any waiver of any right there under by the City unless in writing, shall discharge or invalidate such covenant or provision or affect the right of the City to enforce the same in the event of any subsequent breach or default. 23. Tenant shall notify the Director of Parks and Recreation upon the following: a. Tenant shall not be on premises due to vacation, hospitalization, etc.; or b. Any other problems arise regarding the other aspects of the tenancy. 24. Tenant shall not use premises for any purpose other than a residence and shall not use the premises for any illegal purpose. City of Bremerton RENTAL AGREEMENT Page 6 of 6 CITY OF BREMERTON TENANT CARY I~OZEMAN, Mayor ! ROGER A. LUBOVICH, Ci~ A~omey