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HomeMy WebLinkAbout3068 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 -- -.---.----.. II DATED and SIGNED this ,5.J;; day Of~, 1999. CITY OF AUBURN ~~ I~u ßo~¡f) CHARLESA.BOOTH,MAYOR ATTEST: ~¿jJh",~ 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 ..... -----.. -- -------------yr-- --- 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 ---".,._---~_...__.._...._~._---_._.._._- ------------,-------- IN WITNESS WHEREOF, the parties hereto have signed and sealed this Lease Agreement, this 1ft-day of ¥-, 1999. CITY OF AUBURN e~ ~18JJ Charles A. Booth, Mayor // ./ ATTEST: LESSEE jJ/Âh~~ 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. bwcll..~èP~/J()dJ~ .... ""'0, NOTARY PUBLIC in and for the ...<,::::.~;.~~;~.." S~te ofWashingtoµ, rcsiding at ..... .ç'>',-:;~~'S'ON E"~.();..::t", \ ~~~~(l-(.4.../ . "'. '" ~~'. : .~ ",,('\TARV cP\ s :,1 ~ .'._ : : : . C 01: 2. : ,..'., eo ;"\1.'\"'\ ~:Ol ~(" "",_. ......1;;. 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