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07-057.00 Karla RuddachLEASC ACREE~1~lEiVT kik7'~Vh,hN CITY QF SPOKANE VALLEY ANll KARA~A RUL)l.)AC1=1 1ZFG:r1 2a)TNC A PORTION SPOK.~'E COUiV'CY Pr1:KCNa1:. i1'tJl\'1BF..iZ 55182.1518, SPOKANE VALLEY, ~VASh1aiVC"1'Oni This Lease Agreement is entered into by the City of Spokane Valley (referred to as "City" or "Owner"}, and Karla Ruddach (referred to as "l~uddach" or "Tenant"), and jointly referred to hereinafter. as the "Parties". V~TFTEREAS, the City is the owner of certain premises located at 17721 Last l~oone, Spokane Valley, Washington, 99016, which was recentay purchased b}~ the City from 12.uddach. «THEREAS, as a condition of the sale to the City, Ruddach required that she be able to lease a portion of the subject property until June 1, .2009. The Parties determined that a suitable portion for Ruddach's use would be the south l3S feet of the subject property. WHEREAS, no later than the termination of the lease agreement on June 1, 2009, .Ruddach would be abligatcd to have all irnproveiT~ents removed from the real property. NO«', THEREI+ORL, in consideration of the mutual promises set forth herein, the Parties do hereby agree as follows: 1. PURPOSE. 1'hc purpose of this lease agreement is to set forth the Parties' understanding regarding the terms and conditions under which Ruddach may occupy a portion of the Premises, agreed by the parties as the south 135 feet: of parcel nurnbcr SS 152.1 S. l 5. The legal description of the Premises is as follows: Bacons ~-lddition to C~reenacres 1\'~~-% '/a; 18-25-45, flock 1 S, ~~cept the South l3S feet of the 1t~est 14=1 1~eet Thereof, City of Spokane Valley, Spokane County, Washington 99016. Assessor's parcel number SS 152.1 S 1 S. 2. USE OF '1'I~U: Y17.1~~1\9TSES. Tl--e City agrees to allow .Ruddach to use a portion of the Premises until June 1, 2009. Ruddach currently uses the south l3S feet of t11c Premises for residential pur)~oses for a relative, Ld Lehman. The Parties anticipate that .Ruddach will continue to use the south 135 feet of the :Premises for these identilicd purposes until June 1, 2009. Ruddach is the o~~mer of the improvements located on the south 135 feet of the Premises; and is obligated to have all improvements removed from the premises by the expiration of this lease agreement. l.n the event Ruddach does not have all improvements and personal property removed b}' Jw~e l , 2009, the City may remove it at~d charge all costs t:o Ruddach for such removal at~d disposal. ~~i"7 -S7 3. TERt\9 OF [~1+~~ASI: AG12EEy1E~1T. The term of this lease agreement shall be in effect upon signing, and shall expire on Jurie 1, 2009. 4. PAYi~1L++ N'I'. Ruddach shall pay the Cit}+ a "use fee" for its use of a portion of the Premises b}+ paying $100 per year. Payments shall be io the City Finance Department, 11707 Fast Sprague, Suite 106, Spokane ~~alley, ~~r.+~ 9920fi, and shall be due and pa}+able by t~ugust 30 for the following year. 5. v1A11\TTENANCE COSTS. Ruddach shall be responsible for any maintenance or repairs to any improvements on the Premises. 6. v1ODIFICATION. The Parades may modify any term contained in this lease agreement, but only by mutual written agreement. 7. r~T Th;RATIO~IS, AIa1~ITIONS, OTt 1:N1~ROVFR9FNTS. Ruddach shall not, without first obtaining the written consent of the City, make any alterations, additions, or improvements in, to, or about the Premises. The City shall timely respond to any requests to make alternations, additions or improvements in, to; or about the Premises. 3. INSUR.~NCE. Ruddach shall procure and maintain for the diu-ation of the lease agreement, insurance against claims for injuries to persons or damage to Premises which may arise from or in connection with the Ruddaeh's use of the Premises. Ruddach is required to maintain property liability insurance policy in the amount of $1 million per occurrence and S2 million aggregate I11.1111Iiiunl coverage fi-om an insurer acceptable to the Cit}+. Ruddach shall furnish the City with a cop}+ of the required insurance certificates and/or amendatory endorsements within 30 days of execution of this lease agreement. 9. Ii~~t)Fn9vl r1CA'1'ION :1!\la~ I~1O1~1) :FIA.It~V11.,I±,SS. t~. City shall indemnify and hold harmless Ruddach fi-om all claims, actions, suits, liability: loss, ousts, expenses, and damages of any nature, by any reason of or arising out of any negligent act or omission of the City, its offcers agents, and employees relating to or arising out. of its obligations under the terries of this lease agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against Ruddach, City shall defend the same at its sole cost and expense; provided that 12uddach reserves the right to participate in said suit; and if final judgriient in said suit be rendered against Ruddach, pr jointly against 17uddach and City and/rn- their respective officers, agents and employees, City shall satisfy the same to the extent of Cit}+'s £tpportiolled Il3blllty. 13. Ruddach shall indemnify and hold harmless Cit}+ and its officers, abcnts, and employees from all claims, actions, suits, liabilit}+, loss, costs; expenses, and damages of any nature, by any reason of or arising out of any negligent act or omission of .~~ - _ ' the .Ruddach relating to or arising out of its obligations under the ternls of this lease agreement. li~ the event that any suit based upon such claim, action, loss; or damages is brought against City, :Ruddach shall defend the same at her sale cosi and expense; provided that City reserves the right to participate in said suit; and if final judgment in said suit be rendered against City; and its offices, agents, and employees or jointly against Ruddach and City and/or their respective officers; agents and cmplo_yccs, Ruddach shall satisfy the same to the extent of Ruddach's apportioned liability. 10. NU`CICE~S. All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other comi~iunications are received when sent by personal delivery; or (ii) the third day following the day on which the Same have been mailed by first class delivery, postage prepaid addressed to :R.uddach or the City at the address set forth belotiv for such Party, or at such other address as either :Party shall from time-to-time designate by notice in writing to the othcr.Party: Ruddach: Karla Ruddach 17705 East >3oone Avenue Spokane ~~alley, Washington X9016 C1T Y: iblike Jackson City of Spokane Valley Parks and 17ecreation 17epartment 1 l 707 Last Sprague Avenue, Suite lOG Spokane Valley; Washington y~20G 11. COUN'Ch~RNARI'S. This lease agreement may he e,~ecuted in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. ] 2. ASS1GNl~IENT. Neither Party may assign in whole or part its interest in this Lease Agreement without the written approval of the other Party. l3. ~~'RITINGS CONTAINED HEREIN/BINDINU EFFECT. The PaJrties agree that t.hcre are no Other understandings, oral or otherwise, regarding the subject matter of this lease agreement. This lease agreement shall be binding upon the Parties hereto, their successors and assigns. 14. \TO ~~'AIVER. ~Io off cer, employee; or agent of the City or Ruddach has the power; right; or authority to waive any of the conditions or provisions of this lease agreement. No waiver of any breach of this lease agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this lease agreement at law shall be taken and construed as cumulative, that is; in addition to every other remedy provided 17erein qr by law. The failure of either Party tq enforce, at any time, any of the provisions of t}vs lease agreement or to require, at any time, performance by the other Party of any provisions shall not, in any way, affect the validity of this lease agreement or any part hereof, qr tl7e right of either Party to hereafter enforce each and every such prevision. DATED: °Z~~~'5~~7 DATED: ~,~~~LC,~Z- CTl'1' OF SP(~h.~NE VALLEY ~ C~ Karla Ruddach r Bainbridge, APPRO~%E~D AS TO FORI~i Q\TT~Y: O Tice of e City cy STATE OF ~VASI-IIT'GT0~1 ) ss. County of Spokane ) On this clay ; 2007, before me, the undersigned, a Notary Public in and for the Sta ~ f Vhash~ gton, duly commissioned and sworn, personally appeared Karla Ruddach, who executed the wlthlll and foregoing instrument, and acknowledged the said instrument to be die free and voluntary act and deed of said political subdivision, for the uses and pur)~oses d~erein mentioned. TN V1'TTNESS ~V1IEl2EOH,,1 have hereunto set my hand and affxcd my ---- seal the day and year first w,riften above. ~, Y `[~I~C?"in ~Va~~i, residing at - C ~ (~^ E- n~y commission expires: SHAWN L, BURDETTE STATE OF WASHINGTON NOTARY - • - pUBL{C MY UOt!dMISSION EXPIRES OBl03/09