Ferndale City Council REQUEST FOR COUNCIL ACTION Bill F 2080 Washington... · Ferndale City Council REQUEST FOR COUNCIL ACTION Department Prepared By: CITY CLERK’S OFFICE AGENDA

Ferndale City Council

REQUEST FOR COUNCIL ACTION Department Prepared By: CITY CLERK’S OFFICE

AGENDA BILL #17-03-003

TITLE:

Ordinance Resolution Motion Info Only Discussion Date Council Action Requested: March 6, 2017 Prepared by: Susan Duncan, City Clerk Reviewed By: Date: 03/01/2017

SUBJECT: 2080 Washington Street MOU/Lease Agreement

Committee: P&LU PW&U F&A

Mayor X

City Administrator X

City Clerk’s Office X

Community Development Dept

Public Works Department

City Attorney’s Office X

Finance Director X

Police Department

Board/Commission

Hearings Examiner ACTION REQUESTED: VOTE NEEDED TO PASS:

SUMMARY: The house located at 2080 Washington Street was purchased by the City in late 2016 in order to enable the future construction of a roundabout at the intersection of Washington and Vista. Since the roundabout construction is not planned for the immediate future, Interfaith Coalition will be renting the house to utilize for transitional housing. Attached is the memorandum of understanding, lease agreement, and Interfaith Coalition’s sub-lease documents.

DISCUSSION/ANALYSIS/ISSUES: Finance & Administration Committee members forwarded this item to the full Council with a recommendation of approval. RECOMMENDATIONS: Approval of AB #17-03-003 ATTACHMENTS: Memorandum of Understanding Lease Agreement Sub-Lease Agreement Supplemental Documentation

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Memorandum of Understanding

This Memorandum of Understanding (MOU) is by and between the City of Ferndale, a

Washington State Municipal Corporation (“City”) and the Interfaith Coalition of Whatcom

County, a 501c3 Non-Profit Organization (“Interfaith”) (collectively, “the Parties”).

Purpose

The purpose of this MOU is to bind the Parties in their understanding of the future usage of a home

owned by the City located at 2080 Washington Street in Ferndale Washington (the Property) and

to provide a general overview of the Parties’ respective rights and obligations with regard to such

usage. The Parties agree that the City owns the home and underlying real property, and Interfaith

will lease the Property from the City and sublet it to low-income families for the purpose of

transitional housing. The Parties further agree that the Property shall be operated and maintained

by Interfaith in accordance with a Lease Agreement executed by the parties simultaneously with

the execution of this MOU.

Term and Usage Fee

While the Lease Agreement between the City and Interfaith shall be on a month-to-month basis,

this MOU shall be effective for an initial term of five (5) years commencing on February 15, 2017

and ending on January 31, 2022, unless terminated in accordance with the Lease Agreement. The

lease term and basic rent shall be governed by the Lease Agreement. Any termination of the Lease

Agreement by either party in accordance with the Lease Agreement shall serve to automatically

terminate the MOU. By mutual agreement, this MOU may be extended for additional 5-year

increments at the end of this initial usage period.

MOU Termination

It is understood by the parties that the real property upon which the home sits may be utilized by

the City in the future for a traffic improvement project which might include the removal of the

home. Should the City need to remove the home, either by demolishing it or relocating it, resulting

in termination of the Lease Agreement and MOU, the City shall give Interfaith a sixty (60) day

advance written notice of such usage cancellation in accordance with the Lease Agreement.

Should either party desire to terminate this MOU for other reasons, the requesting party shall also

provide a sixty (60) day advance written notice in accordance with the Lease Agreement. A sixty

(60) day advance written notice shall mean notification on the first day of the calendar month

preceding the last day of the tenancy, which shall be on the last day of the following calendar

month.

.

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Initial Inspection and Repairs

The City and Interfaith have inspected the home, and Interfaith accepts it in its current condition

with the following initial repairs and maintenance items:

The City shall trim or remove the large spruce tree located on the front corner of the home

at the City’s expense within sixty (60) days of the execution of the MOU.

The City shall perform an inspection of the Premises through the Whatcom County Health

Department to assure that it is a drug-free environment and that methamphetamine

manufacturing or usage has not occurred therein, prior to the effective date of the Lease

Agreement.

The City shall trim or remove any tree branches that are overhanging the roof of the home

within sixty (60) days of the execution of the Lease Agreement.

Interfaith shall repair or replace, in Interfaith’s sole discretion, the existing roof at

Interfaith’s expense.

Should the City terminate the Lease Agreement and the MOU anytime during the initial 5-

year period of the MOU, the City shall reimburse Interfaith for the pro-rata direct costs

incurred for the roof repair and/or replacement. This reimbursable cost shall only be for

actual purchased materials and paid labor and shall not include any donated materials

and/or volunteer labor.

Specific and additional terms for inspection and repair shall be governed by the Lease

Agreement.

Interfaith’s General Rights and Obligations under the MOU and Lease Agreement:

For as long as this MOU and the Lease Agreement are in full force and effect, Interfaith shall be

responsible for the following:

Subletting the Property in accordance with the Lease Agreement and functioning as

landlord and property manager to sublessees/assignees and the Property and home.

Leasing the Property at below market-rate and allowing for potential renters to be referred

from the Whatcom Homeless Service Center, the Homeless Liaison for the Ferndale Public

Schools and other organizations.

Making initial repairs and modifications upon possession as required for safety and

livability.

Maintaining the house and grounds in a usable condition and making ongoing repairs and

modifications to the interior and exterior as required for safety and livability.

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Maintaining the exterior and landscaping of the home.

Subletting the Property in accordance with the Lease Agreement and screening and

monitoring occupants for any illegal usage of the home.

Performing regular inspections to assure the Property is not used for methamphetamine

manufacturing or usage or any illegal use.

Refraining from making any structural changes to the home without prior City written

permission.

Covering all costs of operating the home, including providing liability insurance, repairs,

and case management services.

Covering the costs of all utilities. Utilities may be in the tenant’s name but Interfaith shall

remain responsible for the cost of utilities.

Interfaith’s specific rights and obligations with regard to its usage of the Property shall be

governed by the Lease Agreement.

City’s General Rights and Obligations under the MOU and Lease Agreement:

For as long as this MOU is in full force and effect, the City shall be responsible for the following:

Providing a contact person to Interfaith for questions and communications.

Providing property insurance on the home.

Paying real estate leasehold excise tax to the extent that the Property is not exempt from

such tax.

Providing immediate written notice to Interfaith upon becoming aware of illegal activity

and/or methamphetamine manufacturing and/or usage on the Property.

The City’s specific rights and obligations with regard to Interfaith’s usage of the Property

are governed by the Lease Agreement.

Notice

Notice for the purposes of this MOU is as follows:

City Interfaith

City Administrator Executive Director

City of Ferndale Interfaith Coalition

PO Box 936 910 14th Street

Ferndale WA 98248 Bellingham WA 98225

360.685.2351 360.734.3983

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Nonassignability

Neither this MOU, nor any claim arising from this MOU, shall be transferred or

assigned by Interfaith without prior written consent of the City. The Lease Agreement shall govern

any assignability/subletting by Interfaith of the Lease.

Indemnification

The City shall indemnify and hold harmless Interfaith from all claims, costs, damages, or expenses

arising out of the negligence of the City. Likewise, Interfaith shall indemnify and hold harmless

the City from all claims, costs, damages, or expenses arising out of the negligent actions of

Interfaith. In the case of negligence of both the City and the Interfaith, any damages allowed shall

be levied in proportion to the percentage of negligence attributable to each party. The Lease

Agreement shall govern the specific details of each Party’s rights and obligations with regard to

Indemnification.

Severability

The provisions of this MOU are intended to be severable. If any term or provision is illegal

or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the

remainder of the MOU.

Dispute Resolution

When a dispute arises between the City and Interfaith and it cannot be resolved by direct

negotiation, the parties agree to participate in mediation in good faith. The mediator shall be chosen

by agreement of the parties. If the parties cannot agree on a mediator, the parties shall use a

mediation service that selects the mediator for the parties. The parties will equally share the costs

of the mediation service, but each party will bear its own costs, including but not limited to attorney

fees, in conjunction with the mediation proceeding. The parties agree that mediation shall precede

any action in a judicial or quasi-judicial tribunal. Nothing in this MOU shall be construed to limit

the parties' choice of a mutually acceptable alternative resolution method such as a dispute hearing,

a dispute resolution board, or arbitration. To the extent this section is inconsistent with the Dispute

Resolution provisions in the Lease Agreement, the Lease Agreement shall govern.

Venue

Venue for any disputes shall be in Whatcom County Superior Court.

Amendment

This MOU may be amended by mutual agreement of the parties. Such amendments shall not be

binding unless they are in writing and signed by personnel authorized to bind each of the parties.

Entire Agreement

This MOU and the accompanying Lease Agreement represent all the terms and conditions agreed

upon by the parties. No other statements or representations written or oral shall be deemed a part

hereof.

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This MOU is effective as of the date signed by the Parties below.

INTERFAITH:

______________________________ ____________________

Laura Harker, Executive Director Date

CITY:

______________________________ _____________________

Jon Mutchler, Mayor Date

ATTEST:

______________________________

Susan Duncan, City Clerk

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LEASE AGREEMENT - Page 1 of 12

RESIDENTIAL LEASE AGREEMENT

This Rental Agreement (Lease) is entered into this ________ day of ________________, 2017, between THE CITY OF FERNDALE, a Washington State Municipal Corporation (the City), and INTERFAITH COALITION OF WHATCOM COUNTY, a 501c3 Non-Profit Organization (Interfaith), concerning the residence at 2080 Washington Street, located in Ferndale, Whatcom County, Washington, and legally described on Exhibit A (the Property). As used herein, “the Property” shall include the real property described on Exhibit A as well as all improvements on that real property. 1. TERM. The City hereby rents the Property to Interfaith on a month-to-month basis, under the terms and conditions of the Memorandum of Understanding (MOU), executed by the Parties simultaneously with this Residential Lease Agreement (the Lease Agreement), with the Lease term beginning _____________________. While the Lease Agreement between the City and Interfaith shall be on a month-to-month basis, the MOU has an initial term of five (5) years commencing on February 15, 2017 and ending on January 31, 2022, unless terminated in accordance with the Lease Agreement. Any termination of the Lease Agreement by either party in accordance with the Lease Agreement shall serve to automatically terminate the MOU. By mutual agreement, the MOU may be extended for additional 5-year increments at the end of the initial usage period. 2. RENT: a. Interfaith agrees to pay rent of One Dollar ($1.00) per month during the Lease term. At the sole option of Interfaith, rent can be paid in annual installments, with the first annual rent of $12.00 due on the commencement of this Lease, and the remaining annual installments due on the first (1st) day of February of each year thereafter. Alternatively, rent is due and payable in advance on the first (1st) day of each and every calendar month during the Term, and shall be mailed or delivered to the City at P.O. BOX 936, FERNDALE, WA 98248, or sent to such other address or deposited into a specific bank account that the City designates in the future. The total amount of rent over the term of the MOU is $60.00 for the five-year term. Otherwise, the rent amount is One Dollar ($1.00) per month until such time as the Lease Agreement and the MOU are terminated in accordance with paragraph 3. of the Lease Agreement. b. Interfaith agrees to establish use, maintain and pay for all utilities without delinquency, including but not limited to electricity, garbage, sewer, water, natural gas, oil, and cable television used in or charged against the Property during the term of this agreement. 3. TERMINATION OF TENANCIES: Interfaith understands that this is a month-to-month tenancy, and may be terminated by either Party at the end of any calendar month by providing written notice to the other Party at least sixty (60) days prior to the end of the following calendar month. Any notice of termination must provide for the vacation of the Property by all occupants unless otherwise agreed to by the City in writing.

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It is Interfaith’s obligation to have the Property vacant and thoroughly clean prior to vacating the Property. Any items left behind on the Property by Interfaith after termination of tenancy as per RCW 59.12.030(2) will be considered garbage and be disposed of as the City sees fit. It is acknowledged that the City may also terminate this Lease (by written notice in the manner provided by applicable law) in the event Interfaith fails to pay rent or is in default of any of its other obligations under this Lease and fails to cure the default within the time provided in the notice. 4. CONDITION OF PROPERTY; SMOKE DETECTION DEVICES; SAFETY AND PROTECTION INFORMATION; DAMAGE: a. The City has had an inspection of the property performed dated November 17, 2016, by Ground Up Inspection Service, L.L.C., a copy of which is attached hereto as Exhibit “B” and incorporated herein (“Inspection”). Interfaith is thoroughly familiar with the condition of the Property and accepts the Property in the condition as set forth in the Inspection and as set forth in the Move In/Move Out Inspection dated January 26, 2017 (attached hereto as Exhibit “C”), subject to the City’s Obligations set forth in Section 9 of this Lease. Interfaith shall maintain the Property in a clean and orderly condition, including but not limited to appliances, plumbing, floor coverings, and all personal property provided by the City, throughout the term of this Agreement and upon surrendering the Property to the City. Interfaith will bear the cost of any cleaning or repair performed by the City to restore the Property to the condition at the commencement of the Lease, except for wear resulting from ordinary use of the Property. b. It is the responsibility of Interfaith to maintain all smoke detection devices, including replacement of any batteries. Interfaith shall not tamper with, remove batteries, or otherwise disable any smoke detection devices. Any Interfaith failing to comply with the provisions of this paragraph can be fined up to $200.00 in accordance with RCW 43.44.110/WAC 212.10.050. Interfaith’s initials at the end of this paragraph indicate that all smoke detection devices in the Property are in proper working order as of the date of this Agreement.

Interfaith to Initial: _____________. c. The above described smoke detection device(s) are: (check one) Hard-wired Battery operated. Interfaith acknowledges receipt of this information by initialing below.

Interfaith to Initial: _____________. d. If battery operated, the Property(s) has been checked and is properly operating at the commencement of tenancy. Under the law, it is Interfaith’s responsibility to maintain the smoke detection device(s) in proper operating condition in accordance with the manufacturer’s recommendations, including providing it with replacement batteries as needed. Failure to maintain the smoke detector is also grounds for termination of tenancy. Additionally, if liability or damages occur because of Interfaith’s failure to maintain the Property, you may leave yourself open to potential lawsuits and liability (see WAC 212-10-050). e. LEAD WARNING STATEMENT: Housing built before 1978 may contain lead-based paint. Lead based paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords and the City must

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disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling, and provide Interfaith with a federally approved pamphlet on lead poisoning prevention. Check one: The building in which the Property is located was built prior to 1978. An

addendum concerning lead-based paint is attached to and incorporated in this Lease, and Interfaith has been provided with a copy of the pamphlet Protect Your Family From Lead in Your Home.

Interfaith to Initial: _____________.

The building in which the Property is located was built in 1978 or later. f. WATER-HEATER: PURSUANT TO RCW 19.27, the State of Washington requires that upon occupancy, the Temperature control in an accessible domestic hot-water heater within a rental dwelling be set no higher than 120 degrees Fahrenheit. Interfaith acknowledges that, if accessible, Interfaith has inspected the hot-water heater and to the best of Interfaith’s knowledge does not believe it to be set higher than 120 degrees Fahrenheit.


g. MOLD: Interfaith acknowledges receipt of Department of Health hand out of Mold Frequently Asked Questions from Washington State Department of Health AND "A Brief Guide to Mold, Moisture, and Your Home" from EPA:


h. Interfaith is responsible for all damage caused to the Property as a result of the negligence or actions of Interfaith, its guests and invitees, including but not limited to fire and glass breakage, and shall be responsible for repair and replacement of any damage caused thereby, up to a maximum out-of-pocket amount of $10,000.00. Interfaith will carry insurance, as required under Paragraph 10 of this Lease. If the out-of-pocket expenses incurred by Interfaith, including insurance deductible,relating to the damage are in excess of $10,000.00, the parties agree that the Lease shall be terminated and Interfaith’s obligations for restoration costs discharged. It is highly recommended that Interfaith obtain renter’s insurance to protect Interfaith’s personal property and to cover Interfaith’s liability for Interfaith’s or its guest’s negligence. 5. PETS AND ANIMALS: Interfaith has a no-pet policy for its tenants. It is agreed that Interfaith will enforce a no-pet policy, subject to a tenant’s right to service animals and subject to Fair Housing laws regarding service and comfort animals. Should pets be allowed, Interfaith and its sublessees/assignees will keep pets on the Property with the prior written consent of the City. No pet noise shall be allowed to escape from the Property or to disturb neighbors. It is Interfaith’s responsibility to clean-up and dispose of any pet excrement anywhere on the Property and on adjacent sidewalks, streets, alleys, and neighboring properties. Interfaith assumes all costs of restoring the Property as a result of any pet or animal on the Property (whether or not by permission of the City) including but not limited to costs to de-flea, fumigate, clean or replace floor coverings, yard restoration, and cost to analyze floors for presence of animal urine/waste or pest infestation should analysis disclose the presence of such damage, subject to a maximum amount of $2,500.00. Should such damage exceed $2,500.00, the parties agree that the Lease shall be terminated and Interfaith’s obligations for restoration costs discharged.

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6. USE/ASSIGNMENTS OR SUB-LETTING: It is agreed that Interfaith may

sublet the Property to low income families for the purpose of transitional housing in accordance with the terms of the MOU. However, Interfaith shall not voluntarily or involuntarily assign, transfer, mortgage or otherwise encumber all or any part of Interfaith’s interest in this Lease Agreement or in the Property, and shall not sublet all or any part of the Property, without the prior written consent of the City. No assignment, sublease or other transfer shall release Interfaith or change Interfaith’s liability to pay the Rent and to perform all other obligations of Interfaith under this Lease Agreement. Notwithstanding any assignment or sublease, in the event of any default by the assignee/sublessee the City shall not be obligated to seek collection first against the assignee/sublessee before seeking collection from Interfaith, but the City may proceed against either or both, simultaneously or in any order it chooses. The City’s acceptance of rent from any other person or entity shall not be considered a waiver of any provision of this Paragraph 6. Consent to one transfer shall not be deemed consent to any subsequent transfer. Interfaith may, from time-to-time, allow the Property to be used for interests other than providing transitional housing (such as meetings for private interest groups); however, permission for such use must first be obtained from the City. Under all circumstances, Interfaith is responsible for ensuring that all assignees/sublessees comply with the terms of the Lease Agreement, and Interfaith is responsible for all violations of the terms of the Agreement whether by Interfaith, Interfaith’s agents, or assignees/sublessees. 7. THE CITY’S RIGHT OF ENTRY: It is agreed that the City may enter the Property to inspect it or make alterations at reasonable times, or to show the Property to actual or prospective purchasers. Except in the case of emergency or if it is impracticable to do so, the City shall give Interfaith at least four (4) days' notice of the City’s intent to enter and shall enter only at reasonable times. Interfaith shall not unreasonably withhold consent to the City to enter the dwelling Property at a specified time where the City has given at least three (3) day's notice of intent to enter to exhibit the dwelling Property to prospective or actual purchasers. Interfaith understands that, pursuant to RCW 59.18.150(5), the City may enter the dwelling Property without notice or consent of Interfaith in the case of emergency or abandonment. 8. INTERFAITH’S OBLIGATIONS: Interfaith agrees to all of the following:

a. To pay all rent and other charges promptly when due or assessed. b. To sublet the Property in accordance with the Lease Agreement and

function as landlord and property manager to sublessees/assignees and the Property and home.

c. When subletting the Property, to lease the Property at a below

market-rate and to allow for potential renters to be referred from the Whatcom Homeless Service Center, the Homeless Liaison for the Ferndale Public Schools and other organizations.

d. To make initial repairs and modifications upon possession as

required for safety and livability, including repair and/or replacement the existing roof as needed at Interfaith’s sole discretion and expense.

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e. To maintain the house and grounds in a usable condition and making ongoing repairs and modifications to the interior and exterior as required for safety and livability.

f. To maintain the exterior and landscaping of the home. g. To sublet the Property in accordance with this Lease Agreement and

to screen and monitor occupants for any illegal usage of the home. h. To perform regular inspections in an effort to assure the Property is

not used for methamphetamine manufacturing or usage or any illegal use.

i. To refrain from making any structural changes to the home without

prior City written permission. j. To cover all costs of operating the home, including providing liability

insurance, repairs, and case management services. k. To cover the costs of all utilities. Utilities may be in the tenant’s name

but Interfaith shall remain responsible for the cost of utilities. l. To provide the City with emergency contact information within (10)

days of commencement of tenancy and to provide updated or new information whenever such information is available.

m. To notify and deliver to the City any legal notice received from any

person or governmental agency which relates to the Property. Fines assessed to the City by any governmental agency resulting from Interfaith’s negligent behavior, including but not limited to, a failure to observe burn bans, or Interfaith’s maintenance of a nuisance shall be the responsibility of Interfaith to pay.

n. Not to do or keep anything in or about the Property which will

increase the present insurance rate thereon. Interfaith agrees to reimburse the City for any increase that might occur for violation of this rule.

o. To allow the City or the City’s agent to enter the Property as provided

in Paragraph 7 above. p. To not permit any activity in the Property or on any portion thereof in

violation of any statute, law, or ordinance. Interfaith agrees to use a crime free addendum in its subleases.

q. To keep the Property free and clear of all liens, including mechanics',

materialman's or other liens for work or labor done, and liens for services, materials, appliances and power performed, contributed, furnished or used on or about the Property. Nothing in this Lease shall be deemed construed in any way as constituting the consent or request of the City, express or implied, by reference or otherwise, to any contractor,

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subcontractor, laborer, or materialman, for the performance of any labor or the furnishing of any materials for any specific improvements, alterations to, or repair of the Property or any part thereof, nor as giving Interfaith any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the Property. 9. THE CITY’S OBLIGATIONS: The City agrees to all of the following:

a. To provide a contact person to Interfaith for questions and communications.

b. Prior to commencement of this Lease, to perform an inspection of

the Premises through the Whatcom County Health Department to assure that it is a drug-free environment and that methamphetamine manufacturing or usage has not occurred therein. Should such testing result in discovery of methamphetamine contamination, the City shall clean, repair and abate, as necessary and required, up to a maximum amount of $ , prior to occupancy. Should the repair, cleaning and/or abatement exceed that amount, then the parties agree that this Lease shall be terminated.

c. To trim or remove any tree branches that are overhanging the roof

of the Premises, as recommended in paragraph 10 of the Inspection, within sixty (60) days of the execution of the Lease Agreement.

d. To trim or remove the large spruce tree located on the front corner

of the home at the City’s expense within sixty (60) days of the execution of the Lease Agreement.

e. In the event the City is made aware of illegal activity and/or methamphetamine use or manufacturing at the Property, to provide Interfaith immediate written notice of such use. Thereafter, Interfaith shall have ten (10) days to take action for the termination of the sublease. Once the sublessees have moved, Interfaith shall have twenty (20) days to obtain an inspection of the Premises and an estimate for repairs, damage and/or abatement, as needed, subject to Paragraph 4(h). Should the City fail to provide notice as required under this provision as to methamphetamine use or manufacturing, then Interfaith shall not be liable for the costs of any repair, damage and/or abatement.

f. Should the City terminate the Lease Agreement and the MOU

anytime during the initial 5-year period of the MOU, to reimburse Interfaith for the pro-rata direct costs incurred for the roof repair and/or replacement. This reimbursable cost shall only be for actual purchased materials and paid labor and shall not include any donated materials and/or volunteer labor.

g. To provide property insurance on the home. h. To pay real estate leasehold excise tax to the extent that the Property

is not exempt from such tax.

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10. INDEMNIFICATION: The City shall indemnify and hold harmless Interfaith, its members, agents, employees and volunteers, from all claims, costs, damages, or expenses arising out of the negligence of the City and its agents. Likewise, subject to the provisions of Paragraphs 4(h) and 11(b), Lessee shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee’s use of Premises, or from the conduct of Lessee’s business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City.

11. INSURANCE:

a. Insurance Term: The Lessee shall procure and maintain for the duration of this Lease, insurance against claims for injuries to persons or damage to Property which may arise from or in connection with the Lessee’s operation and use of the leased Premises.

b. Limitation: Lessee’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. PROVIDED, however, that the parties agree that Lessee shall only be responsible for a maximum of $10,000.00 in out-of-pocket expenses relating to any claim of damage to the Property or to claim of injury on or around the Property. Out-of-pocket expenses includes insurance deductible. By way of example, if damage to the Property is $150,000.00 and insurance will only cover $120,000.00, with a deductible of $5,000.00; Lessee shall be responsible for the insurance deductible of $5,000.00, plus an additional $5,000.00 above and beyond the insurance coverage of $120,000.00

c. Minimum Scope of Insurance: Lessee shall obtain insurance of the types and coverage described below:

1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an additional insured on Lessee’s Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. 2. Property insurance shall be written on an all risk basis.

d. Minimum Amounts of Insurance: Lessee shall maintain the following

insurance limits:

1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate.

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2. Property insurance shall be written covering the full value of Lessee’s property and improvements with no coinsurance provisions.

e. Other Insurance Provisions: The Lessee’s Commercial General

Liability insurance policy or policies are to contain, or be endorsed to contain language stating that they shall be primary insurance as respect to the City. Any Insurance, self-insurance, or self-insured pool coverage maintained by the City shall be in excess of the Lessee’s insurance and shall not contribute to it.

f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.

g. Verification of Coverage: Lessee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee.

h. Waiver of Subrogation: Lessee and the City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance.

i. The City’s Property Insurance: The City shall purchase and maintain during the term of the lease all-risk property insurance covering the Building for its full replacement value without any coinsurance provisions.

j. Notice of Cancellation: The Lessee shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice.

k. Failure to Maintain Insurance: Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of this Lease, upon which the City may, after giving five (5) business days’ notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City by Lessee on demand.

l. City Full Availability of Lessee Limits: If the Lessee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Lessee.

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12. DISPUTE RESOLUTION AND ATTORNEYS’ FEES: When a dispute arises between the City and Interfaith and it cannot be resolved by direct negotiation, the parties agree to participate in mediation in good faith. The mediator shall be chosen by agreement of the parties. If the parties cannot agree on a mediator, the parties shall use a mediation service that selects the mediator for the parties. The parties will equally share the costs of the mediation service, but each party will bear its own costs, including but not limited to attorney fees, in conjunction with the mediation proceeding. The parties agree that mediation shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this MOU shall be construed to limit the parties' choice of a mutually acceptable alternative resolution method such as a dispute hearing, a dispute resolution board, or arbitration. In the event that mediation does not resolve the dispute, and the City or Interfaith commences any action, suit or proceeding to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Subject to the requirement for initial mediation to resolve a dispute, it is agreed that venue for any legal action brought to enforce the terms of this Agreement shall be in the District or Superior Court of Whatcom County, Washington. 13. NON-WAIVER OF BREACH AND SEVERABILITY: The failure of the City to insist upon the strict performance of any term of this Lease Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any of such term of the Lease Agreement, but the same shall remain in full force and effect. If any clause or provision of this Lease Agreement is illegal, invalid, or unenforceable under present or future laws effective during the term hereof, then it is the intention of the parties hereto that the remainder of the Lease Agreement shall not be effected thereby, and it is also the intention of the parties to this Lease Agreement that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this Lease Agreement, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. 14. THE CITY’S FINANCING: The City may mortgage the Property or grant deeds of trust with respect thereto. Interfaith agrees to execute such reasonable estoppel certificates as may be required by a mortgage or deed of trust beneficiary stating that the Lease is in full force and effect and certifying the dates to which Rent and other charges have been paid. This Lease is subject and subordinate to any mortgage or deed of trust which is now a lien upon the Property, as well as to any mortgages or deeds of trust that may hereafter be placed upon the Property and to any or all advances to be made or amounts owing thereunder, and all renewals, replacements, consolidations and extensions thereof. Interfaith shall execute and deliver, within 10 days after demand therefore, whatever instruments may be required from time to time by any mortgagee or deed of trust beneficiary for any of the foregoing purposes. 15. GENERAL TERMS: No oral agreements have been entered into with respect to this Lease Agreement. This Lease Agreement shall not be modified except by an instrument in writing signed by Interfaith and the City. In the event of more than one tenant, each tenant is jointly and severally liable for each provision of this Lease Agreement. Each tenant states that he or she is of legal age to enter into this Lease Agreement. All obligations hereunder are to be performed in the County and state where the Property is located. Time is of the essence of this Lease Agreement. Neither this Lease Agreement nor any memorandum thereof may be recorded without the express

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written consent of the City. Any section or paragraph titles or captions in this Lease Agreement are for convenience only and do not in any way limit or amplify the provisions of this Lease Agreement. In the wording of this Lease Agreement, the singular includes the plural, and the plural includes the singular, and words of one gender include the other gender. 16. DAMAGE OR DESTRUCTION OF PREMISES: In the event of damage to the Property by fire, water or other hazard, and the damages are such that Interfaith’s occupancy can be continued, the City shall make such repairs as needed with reasonable promptness and rent shall NOT abate during the period of such repairs. If in the City’s opinion, the Property is so damaged as to be unfit for occupancy, and the City elects to make such repairs, the rent provided for herein shall abate during the period of time the Property is not occupied by Interfaith, but in all other respects the terms and provisions hereof shall continue in full force and effect. In the event that the Property is so damaged or destroyed as to be, in the sole opinion of the City, incapable of being satisfactorily repaired, then this Agreement shall terminate and Interfaith shall immediately vacate. In such case, Interfaith shall pay rent up to the day Interfaith vacates the Property. Interfaith is advised to seek independent legal advice on matters arising from the Lease of the Property and the execution of this Lease Agreement. IN WITNESS WHEREOF, the parties have executed this Lease Agreement the day and year first above written.

THE CITY: ________________________________

_________________________________

INTERFAITH: ________________________________

________________________________

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STATE OF WASHINGTON ) County of ______________________ ) SS. This is to certify that on the _____ day of ___________________, 2017, before me, the undersigned Notary Public in and for the State of Washington, personally appeared ________________________, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _________________________________________ NOTARY PUBLIC in and for the State of Washington, residing at ______________________. My commission expires:______________________. STATE OF WASHINGTON ) County of ______________________ ) SS. This is to certify that on the _____ day of ___________________, 2017, before me, the undersigned Notary Public in and for the State of Washington, personally appeared ________________________, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _________________________________________ NOTARY PUBLIC in and for the State of Washington, residing at ______________________. My commission expires:______________________.

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EXHIBIT A – LEGAL DESCRIPTION OF PROPERTY Tax Parcel No. 390220 028085 Owner: The City of Ferndale Site Address: 2080 Washington Street, Ferndale, WA 98248

LEGAL DESCRIPTION The land referred to is situated in County of Whatcom, City of Ferndale, State of Washington, located at: BEG 1340.3 FT S OF 1/4 COR BTWN SECS 19-20 IN CTR OF PUBLIC RD-TH E 255.1 FT-TH S 22 DEG 35'00" E 257 FT TO PT WH IS 263 FT N OF N LI OF DEPOT RD-TH E 327.1 FT-TH S 133.2 FT-TH W 277.2 FT TO PT WH MARKS NE COR OF THIS TR-TH S 130 FT TO N LI OF DEPOT ST-

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Page 1 of 5

Sub‐Lease Agreement This Sub‐Lease Agreement, made in duplicate, on ____________201__, between Interfaith Coalition of Whatcom County, hereinafter referred to as (“the Sub‐Lessor”) 910 14th Street, Bellingham WA 98225 in the County of Whatcom and ____________________________________________________ hereinafter known as (the “Sub‐Lessee”) NOW, THEREFORE, for and in consideration of the obligations contained herein the parties hereto hereby agree as follows:

Sub‐Lessor agrees to lease to Sub‐Lessee, and Sub‐Lessee agrees to lease from Sub‐Lessor, the property located at: ________________________________________________________________in the County of Whatcom, State of Washington

The property shall be used as a residence by the undersigned Sub‐Lessee with no more than ______adult(s), ______ child(ren), and for no other purpose, without written

consent of the Sub‐Lessor. Additional occupants are strictly prohibited.

TERM. Sub‐Lessor leases to Sub‐Lessee and Sub‐Lessee leases from the Sub‐Lessor the above‐described Premises, month to month, for a term beginning on _________________________, and ending on ______________________. Sub‐Lessee may be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of sub‐lease, given by either party to the other. This lease is a binding legal agreement.

RENT AND PAYMENT. The monthly rent shall be $ ______ , due and payable on the first day of each month and must be received no later than the 5th of the month. You may pay in person at 910 14th Street or send payment in by mail. Be aware that if you pay by mail it is your responsibility to have payment at the Interfaith Coalition office by the 5th; if a post‐marked payment is late, you may receive a 3‐day Pay‐or‐Vacate notice and you will be charged a late fee.

Sub‐Lessee agrees to pay the prorated rents of $_____________________ for the partial

month ending on ___________________201__. Thereafter the tenant agrees to pay the full amount of $_________________per month as indicated above. All rents shall be made payable to Interfaith Coalition in the form of check, cash or money order accepted, do not mail cash.

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Page 2 of 5

LATE FEE. If any rental or other payment due under this Sub‐Lease shall be unpaid after its due date, Sub‐Lessee will pay on demand, a late charge, in the amount of fifteen dollars ($15) per month, in which payment has not been received.

SUBLEASE. The Sub‐Lessee may NOT sub‐let any/all of the unit aforementioned. DAMAGE/SECURITY DEPOSIT. Upon the due execution of this Agreement, Sub‐Lessee shall deposit with Sub‐Lessor the following sums for damage/security deposit: which will be held at the following location:

Financial Institution/Branch: __________________________________, Bellingham, WA. The total damage/security deposit for the unit at the above location known as: ______________________________________________________ hereof is the sum of _______________________________________________ DOLLARS ($____________)

Damage/Security Deposit will be secured by Sub‐Lessee, receipt of which is hereby acknowledged, by Sub‐Lessor, as security for any cost or damage caused to the Premises by the Sub‐Lessee, during the term hereof. Such deposit shall be returned to the Sub‐Lessee, without interest, and less any set off for damages to the Premises upon the termination of this Agreement. Should damages and/or cleaning/rents or fees exceed the Damage/Security deposit, Sub‐Lessee will/may be held liable for said charges. Sub‐Lessee will receive an account of any charges within 21 days of move out.

PREMISES. Sub‐Lessor shall execute an initial move in inspection report. The Premises shall be used and occupied by the sub‐lessee of Interfaith Coalition as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by sub‐lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Sub‐lessee shall comply with any and all laws, ordinances, rules and orders affecting the cleanliness, use, occupancy and preservation of the unit. Sub‐lessee will abide by and be bound by, any and all rules and regulations of the housing program in which they have been placed by Interfaith Coalition and its Agencies and will comply with all monitoring required by such program.

MAINTENANCE AND REPAIRS. For maintenance requests please call Interfaith Coalition at 360‐734‐3983. Sub‐Lessee shall maintain the building and grounds in a decent, safe, and sanitary condition, and shall comply with all state and local laws, regulations, and ordinances concerning the condition of the premises. Sub‐Lessee will, maintain the unit in the same good and sanitary condition and repair, as at the time of the commencement of this lease, during the term of this Agreement and any renewal thereof. When a Sub‐Lessee vacates a unit, the Sub‐Lessor will be notified with a written twenty‐day notice prior to the next month’s rental period. Sub‐Lessor will complete any repairs and notify the Sub‐Lessee of any charges within 14 days of the unit being vacated.

EMERGENCY PROCEDURES. After hour EMERGENCY Please call ____________________________at ______________________________ and follow prompts directed. The definition of an Emergency would be a lack of services such as heat, water or power.

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ATTORNEY/COLLECTION/SERVICE FEES: Tenant agrees to pay all landlord/agent charges and all reasonable attorney/collection fees necessary for any action arising out of a tenant default or breach of this agreement. (Note: prevailing party is entitled to reasonable attorney fees and costs should the matter go to court.)

SUB‐Lessee:

1) Will not obstruct the driveways, sidewalks, courts, entryways, stairs and/or halls, which shall be used for the purposes of ingress and egress.

2) Will keep all windows doors, locks and hardware in good, clean order and repair.

3) Will not hang any laundry, clothing, sheets, etc. From any window, rail, porch or balcony nor air or dry any of same within any yard area or space.

4) Will not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Lessor; nor change out any locks currently in place.

5) Will keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and will report any damage, leaks or repairs promptly.

6) Family and guests shall at all times maintain order in the unit and shall not make or permit any loud or improper noises, or otherwise disturb neighbors; Keep all radios, television sets, stereos, etc., turned down to a level of sound that does not annoy or interfere with neighbors.

7) Will deposit all garbage and recycling in the proper locations provided and shall not allow any garbage or recycling to be deposited or permitted to stand on the exterior of any building or within the unit.

8) Will not repair a vehicle on the premises without permission.

9) Will not repair bicycles, motorcycles, or other vehicles inside the unit.

10) Will not paint, wallpaper, or otherwise redecorate the unit. No thumbtacks, pushpins or staples in walls, doors or trim.

11) Overnight Guest Policy must be followed. No overnight guests allowed unless pre‐approved.

VIOLATIONS OR COMPLAINTS. If a Sub‐Lessee causes continual complaints from neighbors, or commits a criminal offense, or causes vacancies due to their actions, Sub‐Lessor will remove Sub‐lessee from the unit within 3 days of notification by Sub‐Lessor. RENTERS INSURANCE. Sub‐Lessee should insure his/her own personal effects with a renter’s policy‐ Sub‐Lessor is not responsible for loss of property of Sub‐Lessee or guests, invited or not, through theft, damage or otherwise.

DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly

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Page 4 of 5

uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of sub‐lessee, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Sub‐Lessor and Sub‐lessee up to the time of such injury or destruction of the Premises, Sub‐Lessee paying rentals up to such date.

INSPECTION OF PREMISES. Sub‐Lessor and agents of Sub‐Lessor shall have the right, at all reasonable times, as determined by (RCW 59.18.150), during the term of this Agreement and any renewal thereof to enter the unit for the purpose of inspecting the unit, and for the purposes of making any repairs.

ANIMALS. Sub‐Lessee will not be allowed any animal(s) on/in the premises unless that animal has been verified as a “Service Animal” as required under THE FAIR HOUSING ACT OF 1988 SECTION 504. UTILITIES. Sub‐Lessor will be responsible for _____________________________. Sub‐Lessee will be responsible for all other utilities. Sub‐Lessee will transfer all utilities except water/sewer/garbage into their name upon move in. Account #_________________________________________ SMOKING. All buildings are non‐smoking buildings and Sub‐Lessee is not permitted to smoke inside any area of the building. SMOKE DETECTORS/CARBON MONOXIDE DETECTORS. The units all have smoke detectors and carbon monoxide detectors in functioning order at the time of move in. It shall be the Sub‐Lessee’s responsibility to periodically test the smoke detectors and carbon monoxide detectors, replace batteries as needed and notify Lessor if they are not operating correctly. By signing this master lease, Sub‐Lessee indicates that the smoke alarms and carbon monoxide alarms were inspected and found them to be in working order according to WA State law RCW48.48.140. If smoke detectors and/or carbon monoxide detectors are found inoperable, sub‐lessee may be subject to a minimum fine of $200.00. MOLD. Sub‐Lessee acknowledges that Sub‐Lessee has been provided the handout “Got Mold? Frequently Asked Questions About Mold”. WATER HEATER. Sub‐Lessee understands that according to WA State Law RCW 19.27.060, the water heater is set at no more than 120 degrees. Sub‐Lessee will not be allowed to raise the water temperature above 120 degrees. DEFAULT. As authorized under the state of Washington's Residential Landlord‐Tenant Act of 1973, if Sub‐Lessor and/or Sub‐Lessee determines that Sub‐Lessor and/or Sub‐Lessee is in default of this Agreement, Sub‐Lessor and/or Sub‐Lessee shall provide the other party the appropriate written notice as specified by law, and that party shall have a limited number of days to remedy the default. If that party fails to remedy the default within the required timeframe, this agreement may be terminated according to process of law.

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Page 5 of 5

GOVERNING LAW. This Agreement shall be governed, construed and interpreted by through and under the Laws of the county of Whatcom, State of Washington. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced as to the extent permitted by law. Sub‐Lessee acknowledges receipt if “Landlord Tenant Law Booklet.

NON‐DISCRIMINATION POLICY. The Sub‐Lessor prohibits discrimination based on race, color, sex, sexual orientation, religion, national origin, marital status, age, ability to pay, or disability. All Fair Housing Laws Apply MOVE OUT POLICY. A written move‐out notice is required twenty (20) days prior to the end of the month (no later than the 10th of the month). A representative of the Sub‐Lessor will perform a move out inspection. At that time all personal items of the Sub‐Lessee should be removed and the cleaning guidelines followed. ATTACHED ADDENDUMS. Crime Free Lease Addendum, Bedbug Addendum, Emergency Information, Consent for Mutual Exchange of Information, Drug and Alcohol Free Addendum, Guest Policy ___________________________________________________________________________________________________________________________________________________________________________________________________________________________

HOLD HARMLESS The Sub‐Lessee, their estates, guardians and heirs agree to indemnify and hold harmless, the Lessor of the Master Lease agreement, Sub‐Lessor, their agents, property owners and family for any mishap that may occur to the Sub‐Lessee and/ or family, guests, invited or not, while they are on the premises, or any claims of loss or damage caused by their acts or negligence of the Sub‐Lessee(s) or Sub‐Lessee(s) family, licensee or invitees.

WHEREFORE we, by signing below indicate that we have read, understand and agree to

all the above including: All sections of this lease and do hereby execute and agree to this SUBLEASE rental agreement. SUB‐LESSOR ___________________________Title _________________ SIGNATURE____________________________________ DATE___________ SUB‐LESSEE _______________________________________ DATE___________ SIGNATURE____________________________________

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Crime Free Lease Addendum

In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Resident agree as follows: 1. Resident, any members of the resident’s household or a guest or other person under the residents control shall not engage

in criminal activity, including, but not limited to, drug‐related criminal activity, on or near the said premises. “Drug related activity” means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802).

2. Resident, any member of the resident’s household or a guest or other person under the residents control shall not engage in any act intended to facilitate criminal activity, including, but not limited to, drug related criminal activity, on or near said premises.

3. Residents or members of the household shall not permit the dwelling unit to be used for, or to facilitate criminal activity. Including but not limited to drug related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.

4. Resident, any member of the resident’s household or a guest or other person under the residents control shall not engage in the unlawful manufacturing, selling using, storing, keeping, or giving a controlled substance at any locations, whether on or near the dwelling unit premises or otherwise.

5. Resident, any member of the resident’s household or a guest or other person under the residents control shall not engage in and/or facilitate any illegal activity, including but not limited to the following; prostitution, criminal street gang activity, threatening or intimidating, assault including but not limited to the unlawful discharge of firearms, on or near the dwelling unit premises, or any breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, his agent, or other tenant or involving imminent or actual property damage.

6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and a material and irreparable non‐compliance. It is understood that a single violation shall be good cause for immediate termination of the lease. There is no “good cause” requirement in Washington for lease terminations. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence.

7. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of the addendum shall govern.

8. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner/Agent and Resident.

Address: _________________________________________________

Tenant(s) Signature: ______________________________________________Date____________________

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DRUG AND ALCOHOL‐FREE HOUSING ADDENDUM

Tenants understand that no alcohol, marijuana, meth, or any illegal drugs are allowed to be present in or around the unit by tenants or any guests.

Furthermore, tenants understand that Interfaith Coalition housing is clean and sober housing. Tenants are to be actively engaged in a clean and sober lifestyle.

No guests who are intoxicated or are known drug users or dealers are allowed on Interfaith property or in Interfaith housing units.

Interfaith Coalition reserves the right to conduct inspections on a regular basis to confirm compliance and random urine analysis drug testing can be required at any time.

Should a tenant, as part of their housing contract, be asked to provide a drug test, and that test comes back as a positive for any illegal drugs, the lease may be terminated immediately.

The manufacture and use of methamphetamine: Meth is a highly dangerous, addictive and illegal drug. Both the use of and/or manufacture and/or distribution of Meth by tenants or their guests, will result in notification to law enforcement and eviction.

By signing this addendum, the tenant agrees to adhere to a clean and sober lifestyle while residing in Interfaith Coalition housing. Furthermore, the tenant agrees that no use/manufacture/or distribution of Meth will be allowed in or on the premises.

Tenant(s) _________________________________ Date ___________

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Emergency Information In the event of an emergency, Interfaith Coalition requests the following information:

NAME ____________________________________________

ADDRESS ________________________________________

BEST CONTACT PHONE #_____________________

(YOU MUST KEEP US INFORMED OF ANY CHANGES IN YOUR CONTACT PHONE NUMBER)

DESIGNATED REPRESENTATIVE WHO IS GIVEN PERMISSION TO ENTER UNIT OR REMOVE PERSONAL ITEMS IN THE EVENT TENANT IS UNABLE TO (DEATH, HOSPITALIZATION, ETC.)

_______________________________________

CASE MANAGER NAME _____________________________

ORGANIZATION ____________________________________

PHONE NUMBER _______________________

CONSENT FOR MUTUAL EXCHANGE OF INFORMATION:

I, ______________________ AUTHORIZE THE MUTUAL EXCHANGE OF INFORMATION FROM MY RECORDS BETWEEN INTERFAITH COALITION AND THE WHATCOM HOMELESS SERVICE CENTER, BELLINGHAM HOUSING AUTHORTIES, PROPERTY MANAGEMENT CONTRACTOR, AND MY CASE MANAGEMENT ORGANIZATION FOR THE TERM OF MY TENANCY, AT THE ABOVE LOCATION.

I UNDERSTAND, THAT MY RECORDS ARE PROTECTED BY WASHINGTON STATE LAW AND FEDERAL PRIVACY AND CONFIDENTIALY RULES (42CFR PART2). I HAVE READ AND UNDERSTAND THIS CONSENT AGREEMENT. I UNDERSTAND THAT I MAY REVOKE THIS AGREEMENT IN WRITING AT ANY TIME EXCEPT TO THE EXTENT THAT ACTION HAS BEEN TAKEN IN RELIANCE ON IT.

SIGNATURE__________________________________________________

DATE_______________

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GUEST POLICY

Guest rules are as follows:

Guests are allowed between 8 am – 11 pm. No overnight guests are allowed.

Guests are to follow the rules and conditions of the lease and housing program.

Tenants are not to give out the house code to guests and must be present and within eyesight of guests at all times.

Only with pre‐approved written permission and under special circumstances (for instance childcare, family visit) will exceptions to this policy by made.

Guests may not be a registered sex offender, have an active warrant, be intoxicated, or using any illegal drugs.

Please respect your neighbors by limiting the number, noise level, and frequency of your guests.

I have read and agree to follow the transitional housing guest policy and acknowledge that this agreement is attached to the lease agreement for the property listed above. Guests may no longer be allowed, if these rules are violated or if the case manager or property manager determines that a No Guest Policy should be implemented.

Tenant(s)______________________________________Date________________

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BEDBUG ADDENDUM

It is our goal to maintain the highest quality living environment for our tenants. Your residence was inspected prior to executing your agreement and there is no known bedbug infestation. Tenants agree to maintain the premises in a manner that prevents the occurrence of a bed bug infestation. Tenants further agree to follow and uphold this responsibility, by complying with the following: 1. PREVENTION MEASSURES

Check for hitchhiking bedbugs‐ If you stay in a motel, shelter, another home or location, inspect your clothing, shoes, luggage, backpacks and personal belongings for signs of bugs or eggs prior to the entry of your residence. After your move in, check your clothing and items after visits to other residences, movie theaters, and public areas.

Never take discarded household items from curbside, or trash containers into your residence. Only accept donated furniture and household items, which has been thoroughly inspected.

Tenants will keep the unit clean and free of excessive clutter.

While cleaning look for signs of an infestation, especially in the bedrooms, in closets, on stuffed animals and clothing.

Keep furniture and items a few inches from the walls. Do not place mattresses/box springs in direct contact with the floor.

2. IDENTIFY

How to identify a Bed Bug Yes No 1. Is the bug yellowish white or reddish brown in color? ____ ____ 2. Is the bug flat with obvious folds on its body? ____ ____ 3. Is the bug smaller than a pencil eraser? ____ ____ 4. Is the bug round or oval? ____ ____ 5. Is the bug wingless? ____ ____ 6. Does the bug have six legs and short thick antennae? ____ ____ 7. Does the bug have well defined protruding eyes? ____ ____ 8. Does the bug have leathery skin with fine hairs? ____ ____ 9. Does the bug have a round end with no tail? ____ ____ 10. Was the bug found is a sleeping or sitting area? ____ ____ If you answered yes to 3 or more refer to more detail descriptions and pictures below.

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ADULTS JUVENILE EGGS Oval, flat body Oval, flat Body Elongated capsule shaped About 1/5th inch long about 1/25th‐1/5th inch long about 1/25th inch long Size of an apple seed Size of a poppy seed Size of grain of sugar Shiny rusty red color translucent tan color Yellow/white in color Wingless Wingless Attached to surfaces 6 legs no longer than body 6 legs no longer than body Hatches in two weeks Accordion like folds on body Accordion like folds on body Egg shells remain on surface Dark area on back Dark area on back Swollen after eating Swollen after eating Five molt stages

3. REPORTING

Report any signs of bedbugs immediately. Do not wait, as they can multiply and create a major infestation.

4. TREATMENT

Tenants will cooperate with all pest control measures, which may include: preparing the unit for treatment by removing all bedding, curtains, rugs for laundering. Using mattress covers designed to control bedbugs. Emptying of all drawers, closets and other storage areas and inspecting items. Vacuuming as often as requested by pest professional and discarding vacuum bags as instructed. Removal of items from the unit, as requested by staff and/or pest professional.

I agree to indemnify and hold harmless the Interfaith Coalition, Opportunity Council, it staff and agents from any actions, claims, losses, damages and expenses as a result of an infestation or damages or loss of personal property. Relocation costs, if warranted, will be the responsibility of the resident, if the infestation is determined to be a result of the tenants and/or guest of the tenant’s action(s). Both parties agree to be bound by the terms of this addendum. Tenant___________________________________________________ Date_________ Tenant___________________________________________________ Date_________ Landlord or Agent __________________________________________ Date_________

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Documents

Ferndale City Council REQUEST FOR COUNCIL ACTION Bill F 2080 Washington... · Ferndale City Council REQUEST FOR COUNCIL ACTION Department Prepared By: CITY CLERK’S OFFICE AGENDA