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