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Home My WebLink AboutCommunity GardenLAND LEASE AGREEMENT Lease agreement by and between: LESSOR: GBJ, LLC, a Washington limited liability company, 905 4'h NE, Auburn, Washington, hereinafter "LESSOR", and LESSEE: City of Auburn, 25 West Main Street, Auburn, Washington, hereinafter "LESSEE." LESSOR and LESSEE collectively hereafter known as the "Parties" and individually known as "Party." IN AND FOR CONSIDERATION of the mutual benefits to each party, subject to the terms and conditions below, LESSOR leases to LESSEE, and LESSEE leases from LESSOR Parcel # 6858700416 and 6858700420 located in Auburn, Washington, legally described as follows: Lot Three (3) and the Easterly one-half (1/2) of Lot Two (2), Poplarwood Addition to Auburn, Block Six (6) Collectively hereafter known as the "Premise." TERMS AND CONDITIONS 1. Term. The term of this lease shall be for five years effective on the date this document is signed by both Parties and shall expire on April 30, 2016. The Parties shall have a one year option to renew. Either party may terminate this Lease with ninety (90) days' prior written notice from the terminating Party to the other Party. 2. Rent. The LESSEE shall pay the LESSOR, the amount of one dollar and no%ents 1.00 on or before the fifth (5th) day of April each year during the term of this lease. All rent shall be paid to LESSOR at 905 4th NE, Auburn, WA, 98002. 3. Utilities. LESSEE shall pay for all water, garbage and electrical services supplied to the Premise during the term of this lease. All utilities shall be paid before delinquency. City of Aubum: Parks & Remeation Jones Community Garden page t Of 5 4. Possession/Use. LESSEE shall use the Premise only for the direct purpose of operating a Community Garden and shall comply with all federal, State, and local laws, rules, ordinances, and codes affecting their use of the Premise. 5. Alterations. The LESSEE may not remodel or refurbish the Premise in any way without receiving the written consent of the LESSOR. The LESSEE may install a water meter, 150 feet of split -rail fence, two water spigots and 100 feet of irrigation pipe as necessary for their use of the Premise. The installation shall be done in a manner that minimizes any damage to the Premise. LESSEE may also place a sign on the Premise identifying their use of the Premise, provided, upon the expiration or termination of this lease, they shall remove the sign and repair any damage caused by removal of the sign. Should LESSEE violate any provisions of this section, it is understood and agreed that LESSOR shall have the right to terminate this lease, effective immediately, without notice. 6. Condition of Premise: Restoration. LESSEE has inspected the Premise in the present condition. LESSEE acknowledges that LESSOR has made no representation or warranty concerning the condition of the Premise. Upon the expiration or termination of this lease for any reason, at LESSOR's option, LESSEE shall remove all personal property, equipment, and other alterations, and repair all damage and otherwise restore the Premise to its pre -lease condition at LESSEE's sole cost and expense. 7. Indemnification /Hold Harmless /Release. LESSEE shall defend, indemnify, and hold harmless the LESSOR, its members, managers, employees, representatives and affiliates 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 or the Premise, which arises out of LESSEE'S use of Premise, 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 Premise, except to the extent such injury or damage City of Aubum: Parks &Recreation Jones Community Garden page 2 Of 5 shall have been occasioned by the negligence of the LESSOR. All personal property placed on, or permitted to be placed on, the Premise by LESSEE shall be at their risk. LESSEE, on behalf of themselves and their officers, officials, employees, volunteers, heirs, affiliates and any other person or entity that may claim by, through or under any of them (collectively with LESSEE, the "Releasors") releases and discharges the LESSOR and its members, managers, employees, representatives and affiliates from and against all actions, suits, causes of action and liabilities of any kind or nature, whether in law or equity, and whether arisen, accrued or matured heretofore or hereafter, arising out of or related to use of the Premise by LESSEE or the other Releasors, or arising out of or related to LESSOR's acts or failure to act (negligent or otherwise). 8. Insurance, The LESSEE shall procure and maintain for the duration of the Agreement, insurance against claims for injuries or death to persons or damage to property, which may arise from or in connection with the LESSEE'S operation and use of the leased Premise, with at least the amounts and coverage set forth in paragraph 9 below. 9. Minimum Scope of Insurance. LESSEE represents and warrants to LESSOR that (a) LESSEE is a member of the Washington Cities Insurance Authority (WCIA), which is a insured pool pool of 124 municipal corporations in the State of Washington, and (b) WCIA has at least $5,000,000 per occurrence of liability coverage that is applicable in the event an incident occurs which the member shall be obligated to pay (subject to policy exclusions) by reason of liability: (a) imposed upon the member by law; or (b) assumed under contract or agreement by the member and/or any officer, director, official, or employee of the member, while acting in his or her capacity as such. 10, Waiver of Subroplation. LESSEE and LESSOR 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 Premise. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. it of Aubum: Parks 9- Re Tones Community Garden page 3 O� 5 11. Damage or Destruction of Premise. In the event the Premise is substantially damaged or totally destroyed, this lease shall be immediately terminable at LESSEE'S election. This shall be LESSEE's sole recourse in such event. 12. DefaulURe-entry. Time is of the essence of this lease. If LESSEE defaults in any material term or condition or term of this lease, and if the default is not corrected within 30 days after written notice of the default, LESSOR may cancel this lease and re-enter the Premise. Service of the notice of default shall be in person or by certified mail, return receipt requested, directed to LESSEE'S last known address. 13. Miscellaneous. (a) LESSOR or its agent may at reasonable times and upon reasonable notice enter the Premise to insure compliance with this lease. This right to enter for inspection purposes shall not be construed as a duty to inspect. (b) If either party brings a suit against the other to enforce any rights or obligations contained in this lease, the losing party shall pay the prevailing party's attorneys fees and costs in a reasonable sum. (c) This lease agreement may be modified by the parties at any time, but only upon the written agreement of the parties. (d) Except as may be hereafter modified, this agreement contains all agreements of the parties respecting the matters contained in this agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK City of Aubum: Parks &Recreation Jones Community Garden page 4 Of 5 DATED: 2011. LESSOR: GBJ, LLC, a Washington limited liability company LESSEE: CITYtA4 By: _ Peter B. Lewis, Mayor Attest: /k)a4\6� Danielle Daskam, City Clerk City of Aubum: Parks &Recreation Tones Community Garden page 5 Of 5