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.
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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.
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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
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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.
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File NOTARY PUBLIC in and for the State of
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Park Lease Agreement
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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
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• 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
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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
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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
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Auburn Park Volunteer Agreement — Mary Olson Farm
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Signature DATE
Signature
DATE