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Home My WebLink About3076 Resolution No. 3076 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 BETWEEN THE CITY AND ROBERT A BOOTH FOR CARETAKER PURPOSES AT MOUNTAIN VIEW CEMETERY. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section I. The Mayor and City Clerk of the of Auburn, Washington, are herewith authorized to execute a Lease Agreement between the City and Robert A. Booth for caretaker purposes at Mountain View Cemetery. A copy of said Lease Agreement is attached hereto, designated as Exhibit "A" and incorporated by reference. in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3068 April 5, 1999 Page 1 of 2 DATED and SIGNED this 3R~ day of May, 1999. CITY OF AUBURN CHARLES A. BOOTH, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3068 April 5, 1999 Page 2 of 2 LEASE AGREEMENT THIS LEASE is made and entered into on the day hereinafier indicated by and between the CITY OF AUBURN, A Municipal Corporation of the State of Washington, whose address is 25 West Main, Auburn, Washington, 98001, hereinafier referred to as "CITY", and ROBERT A. BOOTH, whose address is 2020 Mountain View Drive, Auburn, Washington, 98001, hereinafier referred to as "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 and allow the LESSEE to maintain a mobile home on certain real estate located in Auburn, Washington, which is described as the caretaker mobile home site, graded and leveled, 50 feet west of the maintenance building at Mountain View Cemetery. 2. TERM: The te of this lease shall be month to month commencing on the to the termination of the lease. 3. OBLIGATIONS OF LESSEE: In lieu of rent, LESSEE will perform the following duties. a. Secure grounds daily by opening and closing gates at Mountain View Cemetery and Centennial Viewpoint Park. The designated gates shall be opened daily, which includes weekends and City observed holidays, between 7:00 A.M. and 8:00 A.M. The gates shall be closed in the evening at dusk, which is within thirty (30) minutes after sunset. The grounds will be secured by conducting an inspection of the Cemetery and Park before closing gates to ensure that all visitors are off premises and by inspecting the premises before opening the gates to ascertain if any acts of vandalism have occurred during the night. Lease Agreement - Robert A. Booth Exhibit "A: to Resolution No. 3076 April 20, 1999 Page l of 6 D:\AgendaifiBoothLeaseAgreement b. Complete a log sheet as directed and submit it to the Cemetery Coordinator weekly. c. Have a telephone within the leased premises and be available to provide the initial after-hours contact by the Police, Fire, and other emergency services in the event of an emergency. d. Assist the public needing assistance at the Cemetery and Park, or as assigned. e. Be available after regular Cemetery hours for service when requested by the City staff. f. Upon discovery, immediately report any acts of vandalism or potential vandalism to the proper authorities. g. Maintain the surrounding grounds in a neat and orderly manner and appearance. Equipment sheds, recreational vehicles, boats, camp trailers, etc., may not be kept or stored by the LESSEE on the leasehold premises unless LESSEE has received written approval from the Director of Parks and Recreation. h. Contain and control any pets or animals owned by the LESSEE to the area immediately surrounding the residence occupied by the LESSEE. Comply with all City ordinances and state laws regarding animals at all times. i. Provide for a substitute caretaker, who is pre-approved by the Director of Parks and Recreation, for any time the LESSEE is away from the site and unable to perform the obligations listed above. j. The mobile home, and any approved structures, must be painted in a color to be approved by the Director of Parks and Recreation within 24 months of the date of this contract. 4. HOLD HARMLESS AGREEMENT: For and in consideration of the mutual conditions in this Agreement, the LESSEE agrees to indemnify and hold harmless and defend the CITY, its elected officials, officers, employees, agents, and representatives from and against any and all losses, damages, costs, charges, expenses, judgments and liabilities incurred by virtue of the LESSEE' S utilization of the above- described real property pursuant to the terms of this Lease Agreement. Lease Agreement - Robert A. Booth Exhibit "A: to Resolution No. 3076 April 20, 1999 Page 2 of 6 D:\Agendait\BoothLeaseAgreement 5. USE OF PREMISES: It is further covenanted and agreed by and between the parties hereto that LESSEE shall utilize the leased premises as a residence and for no other purpose whatsoever. 6. INSPECTION BY CITY: The CITY or a representative of the CITY may inspect said premises at any reasonable times to ensure if the terms and conditions of this Lease Agreement are being strictly complied with. 7. INSURANCE: LESSEE agrees to obtain and maintain, during the tenancy of the lease described herein, homeowner's insurance in the minimum amount of $500,000.00 which shall include liability coverage for injury to any person or property arising from LESSEE' S occupancy of the premises. The CITY shall be named as additionally insured on this policy. The LESSEE agrees to furnish a Certificate of Insurance to the CITY and the CITY shall be notified a minimum of twenty (20) days prior to any cancellation or modification of the policy. 8. DEFAULT AND RE~ENTRY: Failure of the LESSEE to fulfill and comply with the terms of this Lease Agreement as 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. Upon termination of this Lease Agreement, LESSEE shall peacefully remove personal property and surrender possession of said premises. In the event the CITY is required to undertake any legal action of any type whatsoever to enforce the provisions of this Lease Agreement, then, in such event, LESSEE covenants and agrees to pay the CITY for its reasonable attorneys' fees and costs sustained therein. 9. UTILITIES AND SERVICES: a. LESSEE shall furnish, and pay when due, all utilities for the leased premises, which shall include but not be limited to, electricity, gas, water, fuel, garbage service, or any services or utilities used or assessed against the leasehold premises, unless otherwise expressly provided for in this Agreement. Lease Agreement - Robert A. Booth Exhibit "A: to Resolution No. 3076 April 20, 1999 Page 3 of 6 D:XAgendaifiBoothLeaseAgreement b. LESSEE shall be responsible for removal of all 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 other 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 and all taxes, which may be owed to the State, County, or City as a result of this Lease Agreement, including, but not limited to, leasehold excise taxes pursuant to RCW Chapter 82.29A Lease Agreement - Robert A. Booth Exhibit "A: to Resolution No. 3076 April 20, 1999 Page 4 of 6 D:XAgendait\BoothLeaseAgreement IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the _6 ay of . , 1999. CITY OF AUBURN CHARLES A. BOOTH, MAYOR ATTEST: Danielle Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Lease Agreement - Robert A. Booth Exhibit "A: to Resolution No. 3076 April 20, 1999 Page 5 of 6 D:XAgendait\BoothLeaseAgreement LESSEE ROBERT A. BOOTH STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this..~''~ day ofC~~ , 1999, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared ROBERT A. BOOTH, to me known to be the individual described in and who executed the within instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mention. GIVEN UNDER my hand and official seal the date hereinabove set forth. Lease Agreement - Robert A. Booth Exhibit "A: to Resolution No. 3076 April 20, 1999 Page 6 of 6 D:XAgendaifiBoothLeaseAgreement