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HomeMy WebLinkAboutMatthis Lease and volunteer AgreementPARK CARETAKER RESIDENCE LEASE AGREEMENT TI-IIS LEASE is made and entered into on the day hereinafter indicated by and between llie CITY OF AUBURN, a Municipal Corporation of the State of Washington, whose address 25 West Main Street, Auburn, Washington 98001, hereinafter referred to as "CITY," and STUART SEAN MATTHIS, whose address is 612 West Waterman Street, B-102, Kent, Washington 98032, hereinafter referred to as "LESSEE." IN CONSIDERATION FOR THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS. CEASE PREMISES, The CITY does hereby lease and let and allow the LESSEE to maintain a mobile home on real estate located at 28728 Green River Road SE, Kent Washington, which is described as the caretaker home site, located at the Mary Olson Farm, 2. TERM. The term of this lease shall be month to month commencing on the 12"' day of April, 2016, and may be terminated by either party hereto only by providing the other party with -e�8 days written notice prior to the termination of the lease.-ki,'Al,l l�pj 3 OBLIGATIONS OF THE i.,F_,SSEE. �4 In lieu of the payment of rent and utilities, LESSEE will pe orm the following duties: See Attached Volunteer Agreement 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. ,��J' �,, &/1,7n-,-Prk Lease Agreement (date) PHge I of d 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. CITY shall provide LESSEE with 48 hours' notice prior to entering the premise unless an emergency exists or is perceived, whereby the City may enter without notice. 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, 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 tennination 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, 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, cable, internet or phone services unless otherwise expressly provided for in this Agreement. b. LESSEE shall be responsible for removal of all garbage from the leasehold premises on a weekly or bi-weckly basis. '�A-&7Mk Lease Agreement (date) 3 I y�, /It,, Page 2 of 4 10. MAINTENANCE. CITY shall be responsible for maintaining both the normal wear and tear of the interior and exterior of the premise. LESSEE shall be responsible for the interior and exterior of the premise beyond normal wear and tear, and for all consumable items including; Light bulbs, Furnishings, Supplies, etc. I l 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 12, 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, 13. 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 on the 17'h day of March, 2016, CITY OF AUBURN MAYOR ATTEST City APPROVED AS TO F 7, b --City Attorney (data) ---3 Page 3 of 4 LESSEE Mart Sean Matthis STATE Or WASHINGTON ) )ss COUNTY OF On this 25 day of mzc 4' 20_1_�, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared 5fVrAl2T5 eg 11AMJl�o 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. 0��aaaaflugtt t tr t +,''r/[printed name] File NOTARY PUBLIC in and for the State of 4P y Washington, residing at M% A_ " � g O��T MY COMMISSION expires �p 20 100 WA'��`ta Park Lease Agreement (date) Page 4 of 4 City of Auburn Volunteer Agreement — Mary Olson Farm This Agreement is made, by and between the City of Auburn, a political subdivision of the State of Washington hereinafter referred to as the "City" and Stuart Sean Matthis, hereinafter referred to as the "Volunteer." PURPOSE: The purpose of this Agreement is to outline the responsibilities of the City in providing volunteer opportunities, and to create an understanding between the City and the Volunteer. I. GENERAL: A. Volunteer is a volunteer with the City of Auburn. Volunteer expressly agrees that he is not an employee of the City or the White Valley River Museum, and is not entitled to a salary, medical benefits, or retirement contributions and voluntarily will perform non -compensated services for the City as outlined in this Agreement. B. The Volunteer agrees to abide by all relevant City policies and procedures and to perform the volunteer services in a safe, responsible manner in accordance with the descriptions of service as outlined in this Agreement. C. It is further understood that this Agreement shall not in any way constitute nor create an employer/employee relationship between the City and the Volunteer. The City shall not be responsible for, nor liable for, nor shall the applicant be eligible to receive, any compensation or benefits as a result of this Agreement EXCEPT for State Labor and Industries Industrial Insurance medical aid coverage while volunteering labor. In consideration of the City giving me permission to perform these volunteer services, I understand that: I am not to appear for volunteer service under the influence of any illegal drugs or alcohol. The Volunteer agrees to inform the supervisor at the beginning of the shift if taking any over-the-coiulter or prescription medications which may impair the ability to perform volunteer duties. I am not to have children) with me, during my volunteer activities, that are under 16 years of age (excluding child participation in the program). If I do bring with me any children) under 16 years of age (which is a violation of this agreement unless they are participating in the program), I understand I will be held solely liable, and assume all risk of liability, for my child(ren)'s actions and agree to hold the City harmless from any and all such related claims against the City; except for injuries and damages caused by the sole negligence of the City. Auburn Park Volunteer Agreement — Mary Olson farm Page 1 of • 1 will abide by all City policies regarding personal conduct while performing volunteer services. • 1 agree not to go beyond the scope of volunteer work agreed to without authorization. • I am to be trained on any activity that I am unfamiliar with, learn the corresponding policies, and it is my responsibility to understand them completely or ask questions until I feel confident to perform them including but not limited to use of equipment. • Depending on the scope of volunteer work, the following city policies may apply: Safety Restraints/Seat Belts, Appearance and Acceptable Business Attire, Alcohol and Dreg Free Work Environment, and Workplace Harassment. All city policies may be reviewed by the Volunteer at http://intranet.auburiilocal/departments/lzr/policies procedures/policies rocedures.htm. • Should an injury occur during the scope of my service the City has included my hours of volunteer service in the State Labor and Industries coverage for volunteer workers. • I understand that I am to report any on-the-job injury or illness, no matter how minor, to my supervisor. D. The parties agree that occupancy of the facilities by Volunteer is specifically conditioned on Volunteer's performance of duties under this Agreement. As provided for in RCW 59.18.040(8), the City is not a "landlord" and Volunteer is not a "tenant" under the Residential Landlord -Tenant Act (Chapter 59.18 RCW). 11. TERM: The term of this Agreement shall commence on the date of the last signature below, and shall continue until April 15, 2018 unless cancelled earlier by either party. III. DUTIES: A. The Volunteer shall be responsible to perform tasks for approximately 15 to 20 hours a week year round.. Tasks will be performed at the City's Mary Olson Faun park facility located at 28728 Green River Road SE Kent, WA 98031. B. Volunteer will perform the following tasks: 1. Trim grass around buildings 2x a month during growing season. 2. Care for chickens and set out water and food for feral cat colony on daily basis. 3. Following prescribed routine, feed, water and provide general care including grooming for resident livestock, including but not limited to two cows and two donkeys, move to pasture and to barn as needed, remove manure to compost bins, daily prior to 9:30 am. 4. Set out tables, chairs and canopies upon request by Museum staff. 5. Meet with Museum staff at monthly staff meetings held the second Wednesday of the month from 4 to 5:1.5pm and with Museum Director as required. Auburn Park Volunteer Agreement — Mary Olson Farm Page 2 of 6. Staff special events, coordinate facility uses and other duties as assigned. 7. Weed, water and care for farmhouse gardens and gravel walkways 8. Mow pastures, spread compost and other duties involving use of the on -site tractor. 9. Pick up feed orders using own vehicle; mileage to be reimbursed at standard city rate. 10. Other work -related jobs as requested. 11. Be available when necessary to perform above tasks. 12. Understand and follow directions from supervisor, posted rules and procedures. C. It is understood that the Volunteer may be away from the Fann for personal reasons (vacation, illness, etc.) during which times the Volunteer will be responsible for finding a substitute to perform the duties of the Volunteer in his or her absence; provided that the Volunteer shall secure the approval of the Volunteer's City Supervisor prior to engaging the substitute in the tasks provided herein. The Volunteer shall also notify the City Supervisor whenever a substitute shall be performing the volunteers duties in his or her absence, and for planned periods of absence, shall provide not less than five weeks prior notice of the Volunteer's intended absence. If, for any reason, the Volunteer cannot perform the duties provided herein and does not have a substitute to perform those duties in the volunteers absence, the volunteer shall immediately notify the City Supervisor, D. Additionally, Volunteer will be required to perform some or all of the following; speak appropriately to individuals of different ages and backgrounds; physically able to walk or hike on uneven outdoor surfaces on the farin, carry up to 50 pounds for short distances, bend and use hands to perform and complete above tasks in a timely manner; meet commitments of both time and. effort; and has a devotion to history, historic preservation, fanning or the environment, and shows initiative in performing job responsibilities. E. Volunteer will not: 1. Perform vehicle maintenance on the property. 2. Use City equipment for personal benefit. 3. Consume alcohol or use tobacco while performing Volunteer duties, 4. Engage in offensive conduct and the use of offensive language. 5. Display signs, decals, bumper stickers, and posters that express political or religious viewpoints. F. Volunteer will work under the general supervision of the City's Facilities Manager. However, daily tasks will be assigned by the Director of the White River Valley Museum, who serves as the Volunteer's direct Supervisor, acting as the City's agent under an existing lease. G. Volunteer does not have any law enforcement authority. IV. USE OF CITY FACILITIES: The City will provide, for Volunteer's use, the following; Auburn Park Volunteer Agreement — Mary Olson Farm Page 3 of 4 1. Mobile home, 14 x 60 feet located at the Mary Olson Farm. 2. Utilities to include electrical, water, septic, and garbage (Volunteer is to take garbage to the nearby golf course). Volunteer is responsible for any and all other utilities and services not specifically provided for by the City such as, but not limited to intemet, telephone and television. V. WAIVER & HOLD HARMLESS: Volunteer is fully aware that the work associated with being a City Volunteer involves certain risks of physical injury or death. Being fully informed as to these risks and in consideration of the Volunteer being allowed to participate in the City's Volunteer Program, the Volunteer hereby assumes all risk of injury, damage and hann to the Volunteer arising from such activities or use of City Facilities. The Volunteer also hereby individually and on behalf of his heirs, executors and assignees, release and hold harmless the City, its officials, employees and agents and waive any right of recovery that the Volunteer might have to bring a claim or a lawsuit against them for any personal injury, death or other consequences occurring to me arising out of my volunteer activities. VI. TERMINATION: The City and the Volunteer reserves the right to terminate this Agreement without cause for any reason whatsoever. The City will give written notice of termination. Upon termination, Volunteer must vacate the property within 30 days of receiving the written notice by the City. Volunteer agrees that he is providing volunteer services at will and may be asked to discontinue such without prior notice or reason. CITY OF AUBURN VOLUNTEER ignatur rDATE `-D0JC,, S P ( �- -As cart P�o*y Auburn Park Volunteer Agreement — Mary Olson Farm Page 4 of 4 Signature DATE Signature DATE