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HomeMy WebLinkAboutLease 08-19-2002 to 08-19-2007ORIGINAL CITY OF AUBURN and WHITE RIVER VALLEY HISTORICAL SOCIETY OLSON FARM LEASE THIS LEASE, made and entered into this � 9� day of August, 2002, by and between the CityofAuburn, Washington, a municipal corporation ofthe State of Washingtonhere in referred to as the "City," and the White River Valley Historical Society, a Washington non-profit corporation, herein referred to as the "Society." WHERF,AS, the City owns the historic site known as Olson Farm and wishes to preserve and develop the farm, both landscape and built -environment, in accordance with the Olson Fann Master Site Plan; and WHEREAS, the Society is a skilled community group able to engage in function conducive to the development of the Olson Farm as a valuable historical property; and WHEREAS, the Society also has raised funds that could be used toward the Olson Farm project; and WHEREAS, it would be beneficial to the City and to the community for the City and the Society to enter into agreements for development and operation of historical properties. NOW THEREFORE, in consideration of the terms and conditions hereof, IT IS HEREBY AGREF,D BY AND BETWEEN THE PARTIES as follows: Resolution 3503 —Exhibit A Lease Agreement July 29, 2002 Page I of 8 LEASE OF BUILDINGS. With this agreement the City hereby leases to the Society the built -environment at Olson Faun, consisting of the 1691 bam, the 1902 house and weaving shed, the 1920s garage, and the rabbit hutches, chicken house, outhouse, and smokehouse, for a period commencing on the day hereof, and continuing for a period of five (5) years or as otherwise agreed to by and between the parties. The purpose of this lease is to apportion the preservation and development of the built - environment of Olson Farm to the Society. All improvements strap become the property ofthe City at the end of this lease. 2. RESPONSIBILITIES OF THE SOCIETY. A. The Society, with assistance of the museum Director and curatorial staff, shall be responsible for following the Master Site Plan, and coordinate work on the farm between the City and the Society, to preserve and develop the built -environment at Olson Farm, The Society shall be authorized to make improvements to the built - environment at Olson Farm, in conformitywith the Master Site Plan, to preserve and develop the natural landscape at Olson Farm, provided that no changes or improvements with a total cost of five hundred dollars ($500.00) shall be made without the prior written consent ofthe City, which consent shall not be unreasonably withheld B. The Society shalt prepare and submit to the CITY an annual report reviewing the status of the Farm, any work that has been accomplished on site, and future plans for work at the Farm property. Resolution 3503 —Exhibit A Lease Agreement July 29, 2002 Page 2 of 8 C. The Society shall pay a rental fee of one dollar per year for this lease. 3. RESPONSIBILITIES OF THE CITY. The Cityshall be responsible for the following: A. Providing for the day-to-day management, physical upkeep, utilities, and staffing for the Farm grounds, including routine building, road and fence maintenance, B. Coordinating with the Society for anyuse or activity on the Olson Farm property that may affect the built -environment at Olson Farm. C. The City reserves the right to enter the built environment ofthe Olson Farnt for tours inspections and activity reviews, with reasonable notice to the Society. 4. UTILITIES. The City shall provide, as a part of the services included with the rental, water and sewerutilitiestothepremisesofthisLease. The Society shall be responsibleforpaymentof all telecommunications, electrical and other utility service fees or use cltarges, which are furnished to the Society at the premises of this Lease. 5. ADMINISTRATION OF LEASE; This Lease shall be administered by Patricia Cosgrove, Museum Director, or designee, on behalf of the City, and by the President of the White River Valley Historical Society, or designee, on behalf of the Society. Any written notices required by the terms of this Lease shall be served on or mailed to the following addresses: City of Auburn Patricia Cosgrove, Museum Director City of Auburn 25 West Main Street Auburn, WA 98001 Telephone 253-288-7433 Resolution 3503 — Exhibit A Lease Agreement July 29, 2002 Page 3 of 8 White River Valle Historical Societ President, White River Valley Historical Society 918 H Street SE Auburn, WA 98002 Telephone 253-288-7433 6, NOTICES. All notices or communications permitted or required to be given under this Lease shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Lease, to the address set forth next to such party's signature at the end ofthis Lease, or ifto a person not aparty to this Lease, to the address designated by a party to this Lease in the foregoing manner. Any party may change his or its address by giving notice in writing, stating his or its new address, to any otherparly, all pursuagt to the procedure set forth in this section of the Lease. 7. SUBLET. The Society agrees not to sublet said premises nor assign this Lease or any part thereof without the prior written consent of City. 8. SOCIETY'S ADDITIONAL OBLIGATIONS. The Society is hereby further obligated: A. To keep the premises ofthis Lease in a clean and sanitary condition, and to provide janitorial services and routine maintenance of the premises, provided that any structural or permanent changes or improvements, or any changes or improvements with a total cost of five hundred dollars ($500.00) shall not be made without the prior written consent of the City, which consent shall not be unreasonably withheld; B. To properly dispose of rubbish, garbage and waste in a clean and sanitary manner at reasonable and regulaz intervals; C. To properly use and operate all electrical, gas, heating, plumbing facilities, fixtures Resolution 3503 —Exhibit A Lease Agreement July 29, 2002 Page 4 of 8 and appliances; D, To'not intentionally or negligently destroy, deface, damage, impair or remove any part of the premises, its appurtenances, facilities, equipment, furniture, furnishings, and appliances, nor to permit any guest, invitee, licensee or other person acting under the control of the Society, to do so; E. Not to permit a nuisance or waste on the premises of this Lease, 9. CITY'S OBLIGATIONS. The City is hereby obligated: A. To immediately notify the Society, by certified mail or updated posting, of any changes as to the name or address of the person to be contacted on behalf of the City; B. To maintain the Olson Farm grounds in good repair and condition, and reasonably safe from defects increasing the hazards of fire or accident. 10. SURRENDER OF PREMISES. ht tl}e event of default in any ofthe requirements ofthis Lease, or at the expiration of the term of this Lease, the Society will quit and surrender the premises to City. 11. TERMINATION. This Lease may be terminated by either party, for any reason, upon sixty (60) days written notice of termination of this Lease to the other party. 12, INSURANCE. The Society shall be responsible for maintaining, during the term of this Lease and at its solo cost and expense, the types of insurance coverages and in the amounts described below. The Society shall furnish evidence, satisfactory to the City, of all such policies. Resolution 3503 —Exhibit A Lease Agreement July 29, 2UU2 Pagc 5 of 8 During the tern hereof, the Society shall take out and maintain in full force and effect the following insurance policies: A. Comprehensive public liability insurance, including automobile and property damage, insuring the City and the Society against loss or liability for damages for personal injury, death or property damage arising out of or in connection with the performance by the Service Provider of its obligations hereunder, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in any one occurrence. Be Such workmen's compensation and other similar insurance as may be required by law. 13. INDEMNIFICATION. The Society shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or omission of the Society, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the Cityand the Societyand their respective officers, agents and employees, or any of them, the Society shall satisfy the same to the extent that such judgment was due to the Society's negligent acts or omissions. 14. COSTS AND ATTORNEY'S FEES. If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay Resolution 3503 —Exhibit A Leaze Agreement July 29I 2002 Page 6 of 8 all reasonable costs and attorney's fees in connection therewith. It is agreed that the venue of any legal action brought tinder the terms of this Lease may be in the county in which the premises are situated. 15. ANTL-DISCRIMINATION. In all services or activities, and all hiring or employment made possible by or resulting from the Lease, there shall be no discrimination against any employee or applicant for employment because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status, sexual orientation, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. This requirement shall apply to but not be limited to the following: employment, forms of compensation, and selection for training, including apprenticeship. The Society shall not violate any of the terms of R,C.W. 49.60, Title VU of the Civil Rights Act of 1964, or any other applicable federal, state or local law or regulation regarding non-discrimination. Any violation of this provision shall be considered a violation ofa material provision of the Lease and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the lease and may result in ineligibility for further agreements. The Society will also comply with other anti -discrimination laws or requirements of any and all jurisdictions having authority. 16, CHANGES AND MODIMCATIONS. This document constitutes the entire agreement behveen the parties, any changes or modifications to this document must be by mutual consent and in writing, Resolution 3503 — Exhibit A Lease Agreement July 29,2002 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN Peter B. Lewis, Mayor Attest: 1 Dahielle Daskam, City Clerk Approved as to form: Resolution 3503 — Exhibit A Lease Agrcement 3uly 29, 2002 , Page 8 of 8 WHITE RIVER VALLEY HISTORICAL SOCIETY