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LEASE AGREEMENT
THIS LEASE is made and entered into on the day hereinafter indicated by and
between the CITY OF AUBURN, a Municipal Corporation of the State of Washington,
whose address is 25 West Main, Auburn, Washington 98001, hereinafter referred to as
"CITY," and Michael Rodriguez, whose address is 2112 86th Street E, Bonney Lake,
Washington 98391, hereinafter referred to as "LESSEE."
IN CONSIDERATION FOR THE MUTUAL COVENANTS AND CONDITIONS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. LEASE PREMISES:
The CITY does hereby lease and let and allow the LESSEE to maintain a:
® home; ? mobile home; ? other; on certain real estate located in
Auburn, Washington, which is described as the caretaker home site, located
at 3224 "V" street SE Auburn, WA.
2. TERM:
The term of this lease shall be month to month commencing on the 15th day
of September, 2008, and may be terminated by either party hereto only by
providing the other party with sixty (60) days written notice prior to the
termination of the lease.
3. OBLIGATIONS OF THE LESSEE:
The LESSEE shall pay to the CITY, the amount of $400.00 monthly, plus
LEASEHOLD tax at 12.84% for a total $451.36, which amount shall be
paid on or before the 15th day of September, 2008, and on the 1 st day of
each month thereafter during the term of this Lease, except as provided
hereafter.
In addition to the rental payment stated above the LESSEE will perform the
following duties:
a. Secure grounds daily by opening and closing gates at Game Farm
Park. The designated gates shall be opened daily, which includes
weekends and City observed holidays, between 7:00 a.m. and 8:00
a.m. The gates shall be closed in the evening at dusk, which is
within thirty (30) minutes after sunset. The grounds will be secured
by conducting an inspection of the Park before closing gates to
Auburn Park Lease Agreement
August 15, 2008
Page 1 of 6
ensure that all visitors are off premises and by inspecting the
premises before opening the gates to ascertain if any acts of
vandalism have occurred during the night.
b. Complete a log sheet as directed and submit the same to Mike Miller
weekly.
C. Have a telephone within the lease premises and be available to
provide the initial after-hours contact by the Police, Fire, and other
emergency services in the event of an emergency.
d. Assist the public needing assistance at the Park, or as assigned.
e. Be available after regular hours for service when requested by the
City staff.
£ Upon discovery, immediately report any acts of vandalism or
potential vandalism to the proper authorities.
g. Maintain the surrounding grounds in a neat and orderly manner and
appearance. Equipment sheds, recreational vehicles, boats, camp
trailers, etc., may not be kept or stored by the LESSEE on the
leasehold premises unless LESSEE has received written approval
from the Director of Parks and Recreation.
h. Contain and control any pets or animals owned by the LESSEE to
the area immediately surrounding the residence occupied by the
LESSEE. Comply with all City ordinances and state laws regarding
animals at all times.
Provide for a substitute caretaker, who is pre-approved by the
Director of Parks and Recreation, for any time the LESSEE is away
from the site and unable to perform the obligations listed above.
j. LESSEE also agrees to spend an average of 50 hours per month
performing the following tasks assigned by the Parks and Recreation
Department. LESSEE will be credited with the amount of time
listed below for each task when performed.
1. Opening Park - '/zhour credit
a. Opening all gates and securing them by locking them
into an open position.
b. Turning on lights as scheduled
Auburn Park Lease Agreement
August 15, 2008
Page 2 of 6
Closing Park - 1 hour credit
a. Checking to see that the park and parking lot are
vacated.
b. Locking gates and securing them into the closed
position.
C. Locking restroom building.
d. Turning off field lights, if needed.
e. Close gate at Roegner Park as assigned.
2. After Hour Surveillance - I hour credit for each hour worked
a. LESSEE will be responsible for checking the site after
the park is closed as assigned or approved by the Parks
and Recreation Department. A maximum of 20 hours
credit will be given each month for this surveillance.
3. Emergency Response - 1 hour credit for each hour worked
a. The LESSEE will be the after hours contact for the park.
He will also be responsible for the notifying the Police
and Fire Departments if there is an emergency.
K. Hours worked in excess of the 50 required hours each month will be
listed as excess hours and can be used by the LESSEE during the
months when he is unable to work 50 hours (vacation etc.).
Vacation schedule and tasks will be coordinated with the Game
Farm Wilderness Caretaker.
L. If LESSEE does not have excess hours accumulated to cover times
he is unable to perform these tasks, he may delegate the
responsibility to perform these tasks to another person upon written
notification to the Parks and Recreation Department and upon
receiving approval in writing from the Director of the Parks and
Recreation. The LESSEE shall provide to the Parks and Recreation
Department the name, address and telephone number of the person
by whom the tasks are performed. The LESSEE will be responsible
for any costs associated with paying another person.
M. If either party terminates this contract, the LESSEE will not be
given any compensation for any excess hours accumulated. Excess
hours may not exceed fifty (50) hours.
N. LESSEE must submit, in writing, one month in advance any times
he will be using excess hours or having another person perform
opening and closing tasks.
Auburn Park Lease. Agreement
August 15, 2008
Page 3 of 6
O. LESSEE will be given a schedule on a regular basis (weekly or
monthly) by the Parks and Recreation Department and informing
him of the opening and closing schedule, and the light use.
4. HOLD HARMLESS AGREEMENT:
For and in consideration of the mutual conditions in this Agreement, the
LESSEE agrees to indemnify and hold harmless and defend the CITY, its
elected officials, officers, employees, agents, and representatives from and
against any and all losses, damages, costs, charges, expenses, judgments
and liabilities incurred by virtue of the LESSEE'S utilization of the above-
described real property pursuant to the terms of this Lease Agreement.
5. USE OF PREMISES:
It is further covenanted and agreed by and between the parties hereto that
LESSEE shall utilize the leased premises as a residence and for no other
purpose whatever.
6. INSPECTION BY THE CITY:
The CITY or a representative of the CITY may inspect said premises at any
reasonable times to ensure if the terms and conditions of this Lease
Agreement are being strictly complied with.
7. INSURANCE:
LESSEE agrees to obtain and maintain, during the tenancy of the lease
described herein, homeowner's insurance in the minimum amount of
$500,000.00, which shall include liability coverage for injury to any person
or property arising from LESSEE'S occupancy of the premises. The CITY
shall be named as additionally insured on this policy. The LESSEE agrees
to furnish a Certificate of Insurance to the CITY and the CITY shall be
notified a minimum of twenty (20) days prior to any cancellation or
modification of the policy.
8. DEFAULT AND RE-ENTRY:
Failure of the LESSEE to fulfill and comply with the terms of this Lease
Agreement as herein specified, or upon the LESSEE'S violation of any of
the terms and conditions of the Lease Agreement, shall constitute grounds
for termination by the CITY upon giving LESSEE thirty (30) days written
notice. Upon termination of this Lease Agreement, LESSEE shall
peacefully remove personal property and surrender possession of said
premises. In the event the CITY is required to undertake any legal action of
any type whatsoever to enforce the provisions of this Lease Agreement,
Auburn Park Lease Agreement
August 15, 2008
Page 4 of 6
then, in such event, LESSEE covenants and agrees to pay the CITY for its
reasonable attorneys' fees and costs sustained therein.
9. UTILITIES AND SERVICES:
a. LESSEE shall furnish, and pay when due, all utilities for the leased
premises, which shall include, but not be limited to, electricity, gas,
water, fuel, garbage service, or any services or utilities used or
assess against the leasehold premises, unless otherwise expressly
provided for in this Agreement.
b. LESSEE shall be responsible for removal of all garbage from the
leasehold premises.
10. ASSIGNMENT OR SUBLEASE:
LESSEE shall not assign, transfer, or encumber this lease, and shall not
sublease the premises, or any other part thereof, or allow any other person
to be in possession thereof, without the prior written consent of the CITY.
11. ENTIRE AGREEMENT:
This Agreement contains the entire Agreement between the parties, and no
modification of this Lease Agreement shall be binding upon the parties
unless evidenced by a written agreement executed by the CITY and the
LESSEE.
12. TAXES:
LESSEE agrees to pay any and all taxes, which may be owed to the State,
County, or City as a result of this Lease Agreement, including, but not
limited to, leasehold excise taxes pursuant to RCW Chapter 82.29A.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement
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on the ? q - day of , 206f .
CITY OF AUBURN
A
PETER B. LEWIS, MAYOR
Auburn Park Lease Agreement
August 15, 2008
Page 5 of 6
ATTEST:
Danielfe Daskam, City Clerk
LESSEE
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
On this 40-f-'-day of , 2W , before me, the undersigned, a Notary
Public in and for the State of Was mgton, personally appeared f C ?? ?!> u
to me known to be the individual described in and who executed the within instrument and
acknowledged that he signed the same as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN UNDER my hand and official seal the date herein above set forth.
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[printed name]
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION expires l??' Z !
Auburn Park Lease Agreement
August 15, 2008
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