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Resolution No. 3068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
OF AUBURN, TO EXECUTE A LEASE AGREEMENT FOR A RESIDENT
CARETAKER AT THE CITY OF AUBURN GAME FARM PARK.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
THE Mayor and City Clerk ofthe of Auburn, Washington, are herewith
authorized to execute a Lease Agreement for a resident caretaker at the City of Auburn
Game Farm Park who will be responsible for opening and closing the park, and after
hours surveillance and emergency response. A copy of said Lease Agreement is
attached to this Resolution and designated Exhibit "A".
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the directions of this legislation.
Resolution No. 3068
April 5, 1999
Page I of2
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II
DATED and SIGNED this ,5.J;; day Of~, 1999.
CITY OF AUBURN
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CHARLESA.BOOTH,MAYOR
ATTEST:
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Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
~
Michael J. Reynolds,
City Attorney
Resolution No. 3068
April 5, 1999
Page 2 of2
II
LEASE AGREEMENT
THIS LEASE made and entered into on the day hereinafter indicated, by and
between the CITY OF AUBURN, a Municipal Corporation ofthe State of Washington,
hereinafter called the "CITY" and RAUL M. "PEPE" O'BA Y A and DEBBIE A.
O'BA Y A, husband and wife, hereinafter called the "LESSEE".
IN CONSIDERATION FOR THE MUTUAL COVENANTS AND
CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. LEASED PREMISES:
The CITY does hereby lease and let unto the LESSEE the following
described real estate located in the City of Auburn, King County,
Washington, which consists ofthe following: The residential home
located in the Game Farm Park, for which the mailing address is 3224 "V"
Street S.B., Auburn, Washington, hereinafter referred to as
"LEASEHOLD PREMISES".
2. TERM:
...,
The term ofthjs lease shall be month to month commencing on the /5-
day of , 1999, and shall be terminated by either party hereto
by givin the other party thirty (30) days written notice termination prior
to the termination of the lease.
3. CONSIDERATION:
A. LESSEE will pay rent of $250.00 monthly plus LEASEHOLD tax
at 12.84%. LESSEE also agrees to spend an average of 50 hours
per month performing the following tasks assigned by the Parks
and Recreation Department. LESSEE will be credited with the
amount of time listed below for each task when performed.
I. Openin~ Park - Y2 hour credit
a. Opening all gates and securing them by locking
them into an open position.
b. Turning on lights as scheduled.
Lease Agreement
Page 1 of6
March 2, 1999
II
Lease Agreement
Page 2 0[6
March 2, 1999
Closin~ Park - I hour credit
a. Checking to see that the park and parking lot are
vacated.
b. Locking gates and securing them into the closed
position.
c. Locking restroom building
d. Turning off field lights, if needed
e. *Close gate at Roegner Park as assigned
2. After Hour Surveillance - 1 hour credit for each hour worked
a. LESSEE will be responsible for checking the site
after the park is closed as assigned or approved by
the Parks and Recreation Department. A maximum
of 20 hours credit will be given each month for this
surveillance.
3. Emergency Response - 1 hour credit for each hour worked
The LESSEE will be the after hours contact for the park.
He will also be responsible for notifying the Police and Fire
Departments ifthere is an emergency.
B. Hours worked in excess ofthe 50 required each month will be
listed as excess hours and can be used by the LESSEE during
months when he is unable to work 50 hours (vacations, etc.).
Vacation schedule and tasks will be coordinated with Game Farm
Wilderness Caretaker.
C. If LESSEE does not have excess hours accumulated to cover times
he is unable to perform assigned tasks, he may delegate the
responsibility to perform these tasks to another person upon
written notification to the Parks and Recreation Department and
upon receiving approval in writing from the Director of Parks and
Recreation. The LESSEE shall provide to the Parks and
Recreation Department the name, address, and telephone number
of the person by whom the tasks are performed. The LESSEE will
be responsible for any costs associated with paying another person.
D. If either party terminates this contract, the LESSEE will not be
given any compensation for any excess hours accumulated. Excess
hours may not exceed tifty (50) hours.
III
E. LESSEE must submit, in writing, one month in advance any times
he will be using excess hours or having another person perform
opening and closing tasks.
F. LESSEE will be given a schedule on a regular basis (weekly or
monthly) by the Parks and Recreation Department informing him
ofthe opening and closing schedule, and the light use.
G. LESSEE will be required to record all time worked on a form
provided by the Parks and Recreation Department and will turn it
in to the Parks and Recreation Department at the end of each
month.
H. The LESSEE agrees to monitor security equipment, and
immediately report any acts of vandalism, potential vandalism, or
unsafe conditions on the park premises, to the Parks and
Recreation Department.
1. The LESSEE agrees to contain and control any pets or animals
owned by the LESSEE to the area immediately surrounding the
residence occupied by the LESSEE.
J. The LESSEE agrees to maintain the grounds immediately
surrounding the LEASEHOLD PREMISES in a neat and orderly
manner and appearance.
4. LIABILITY FOR REPAIR AND MAINTENANCE:
Lease Agreement
Page 3 01'6
March 2, 1999
A. The LESSEE shall repair, or have repaired, any damage
intentionally or negligently caused by the LESSEE, or any member
of his family or invitee or licensee or any person acting under his
control.
B. The LESSEE agrees to make simple repairs such as replacing
washers, fuses, plugs, etc.
C. The LESSEE shall on termination of this tenancy clean and
restore, and return the rented premises to the CITY in the condition
in which it was received, except for reasonable wear and tear.
"'-~----------"-----------r-"--
D. All building repairs, alterations, additions, improvements and
fixtures, with the exception of the items listed below, shall belong
to the CITY and remain on and be surrendered with the premises at
the termination of this lease and will be approved by the Parks and
Recreation Department in advance. Items that currently are the
property of the LESSEE and shall remain his property include:
1. Refrigerator
5. USE OF PREMISES'
LESSEE agrees and understands that he/she shall utilize the lease
premises as a residence and for no other purpose. LESSEE may not sublet
any or all of the premises without the prior written approval of the
Director of Parks and Recreation.
6. INSPECTION OF PREMISES:
The CITY staff(to include Parks and Recreation, Building, Fire, and
Police) may inspect said premises at any reasonable times to see if the
terms and conditions to this Lease Agreement are being strictly complied
with.
7. INDEMNITY/INSURANCE
A. LESSEE agrees at all times to indemnity and save the CITY
harmless from all loss, liability, cost or damages that may occur or
be claimed with respect to any person or property on, in, or about
the Game Farm Park or the LEASEHOLD PREMISES, resulting
from any act done or omission by or through LESSEE, its agents,
employees, invitees, or any person on the premises by reason of
LESSEE'S possession of any property and any and all loss, cost,
liability, or expenses resulting therefrom; and LESSEE further
agrees at all times to maintain such premises in a safe and careful
manner.
B. LESSEE agrees to obtain and maintain during this tenancy
homeowner's or renter's insurance in the minimum amount of
$30,000 and including liability coverage for injury to any person or
property arising from LESSEE'S occupancy of the premises. The
LESSEE agrees to furnish a Certificate ofInsurance to the CITY
and the CITY shall be notified a minimum of twenty (20) days
prior to any cancellation or modification of the policy.
Lease Agreement
Page 4 0[6
March 2, 1999
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8. DEFAULT AND RE-ENTRY:
Failure ofthe LESSEE to fulfill and comply with the terms of this Leasc
Agreement are herein specified, or upon the LESSEE'S violation of any of
the terms and conditions of the Lease Agreement, shall constitute grounds
for termination by the CITY upon giving LESSEE thirty (30) days written
notice. The CITY also reserves the right to terminate this Agreement
without cause upon giving LESSEE thirty (30) days written notice. Upon
termination of this Lease Agreement, LESSEE shall peacefully surrender
possession of said premises, and in the event that the CITY is required to
undertake any legal action to enforce the provisions of this Lease
Agreement, then the LESSEE covenants and agrees to pay the CITY for
its reasonable attorneys' fees and costs sustained in enforcing the
provisions ofthis Agreement.
9. UTILITIES AND SERVICES:
A. LESSEE shall furnish and pay for all electricity, gas, water, fuel,
or any services or utilities used or assessed against the
LEASEHOLD PREMISES, unless otherwise expressly provided in
this agreement.
B. LESSEE shall also be responsible for removal of garbage from the
LEASEHOLD PREMISES.
10. ASSIGNMENT OR SUBLEASE:
LESSEE shall not assign, transfer or encumber this lease and shall not
sublease the premises or any part thereof or allow any other person to be
in possession thereof without the prior written consent of the CITY.
11. 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.
12. TAXES:
LESSEE agrees to pay any taxes which may be owed to the State, County
or City as a result ofthis Lease Agreement including leasehold excise tax
pursuant to Chapter 82.29A RCW. It shall be LESSEE'S responsibility to
determine whether such tax is owed.
Lease Agreement
Page 5 0[6
March 2, 1999
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IN WITNESS WHEREOF, the parties hereto have signed and sealed this Lease
Agreement, this 1ft-day of ¥-, 1999.
CITY OF AUBURN
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Charles A. Booth, Mayor
//
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ATTEST:
LESSEE
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Danielle Daskam, City Clerk
BY: <í2J ¡( tJ~
Raul M. O'baya
BY:P".:v A· O~
ebbie A. O'baya
~ORM
Michael Reynolds, City Attorney
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
Lease Agreement
Page 6 0[6
March 2, ] 999
On this /3i1-aay of ~ ,1999, before me, the undersigned, a Notary
Public in and for the State of W. shmgton, duly commissIOned and sworn, pcrsonally
appeared Raul M. "Pepe" O'ba,ya and Debbie A. O'ba,ya, to me known to be the
individuals described in and who executed the foregoing instrument, and acknowledged
to me that they sìgned and sealed this said instrument as their free and voluntary act and
deed for the uses and purposed therein mention.
GIVEN under my hand and official seal this /3> ~ay Of~ ,1999.
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