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Home My WebLink About3629 RESOLUTION NO. 3 6 2 9 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 STANLEY J. FLEWELLING FOR CARETAKER PURPOSES AT THE OLSON CANYON FARM. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVE THAT: Section 1. The Mayor and City Clerk of Auburn, Washington, are herewith authorized to execute a Lease Agreement between the City and Stanley J. Flewelling for caretaker purposes at the Olson Canyon Farm. A copy of said Lease Agreement is attached hereto, designated as Exhibit "A" and incorporated by reference in this Resolution. Section 2. procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 1 ~%hay of August. 2003. CITY~ . PETER B. LEW~ss ~ ~ MAYOR The Mayor is hereby authorized to implement such administrative Resolution 3629 August 5, 2003 Page 1 of 2 ATTEST: Dar~ielle E. DaskamCity Clerk City Attorney Resolution 3629 August 5, 2003 Page 2 of 2 LEASE AGREEMENT THIS LEASE is made and entered into on the day hereinafter 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, hereinafter referred to as "CITY," and Stanley J. Flewelling, whose address is 33011 18th Place S. #F208, Federal Way, WA 98003, hereinafter referred to as "LESSEE." IN CONSIDERATION FOR THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. LEASE 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 home site, located at 28728 Green River Road South, Kent, Washington, 98031, which is legally described as Government Lot 4, Section 5, Township 21 North, Range 5 East, W.M., in King County, Washington; except that portion lying west of Green River Road; except County Road. 2. TERM: The term of this lease shall be month to month commencing on the ,~7~'psT- g%, ~ - . F'~F. day of~~03, and may be terminated by either party hereto only by ~L.~providing the other party with sixty (60) days written notice prior to the ~'~// termination of the lease. 3. OBLIGATIONS OF THE LESSEE: In lieu of rental payment, the LESSEE will perform the following duties: a. Secure grounds daily by opening and closing gates before and after pre-scheduled visitors arrive, as required for general security. The grounds will be secured by conducting an inspection of the Park before closing gates to ensure that all visitors are off premises and Auburn Park Lease Agreement Exhibit "A" to Resolution No. 3629 August 5, 2003 Page 1 of 5 by inspecting the premises before opening the gates to ascertain if any acts of vandalism have occurred during the night. Complete a log sheet as directed and submit the same to Museum Director monthly. Have a telephone within the lease 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 Park, or as assigned. Be available after regular hours for service when requested by the City staff. Upon discovery, immediately report any acts of vandalism or potential vandalism to the proper authorities. go 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. 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. 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. Keep down vegetation around all structures. ko Provide approximately 20-hours of maintenance on specific tasks each month as directed by the Museum Director. Care for livestock owned by the City as part of the Olson Farm educational programs; care for livestock shall be defined as feeding and watering. All costs associated with this livestock shall be the sole responsibility of the City. 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 Auburn Park Lease Agreement Exhibit "A" to Resolution No. 3629 August 5, 2003 Page 2 of 5 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. 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 whatever, (other than work as a historian and writer.) INSPECTION BY THE 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. 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. DEFAULT AND RE-ENTRY: Failure of the LESSEE to fulfill and comply with the terms of the Lease Agreement will result in one written warning, followed in thirty (30) days by an evaluation. Failure of the LESSEE to fulfill and comply with the terms of the Lease at that point 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. UTILITIES AND SERVICES: 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 Auburn Park Lease Agreement Exhibit "A" to Resolution No. 3629 August 5, 2003 Page 3 of 5 on the ATTEST: assess against the leasehold premises, unless otherwise expressly provided for in this Agreement. 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. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement ~ ~ day of August, 2003. CITY OF AUBURN PETER B. LEWIS, MAYOR Auburn Park Lease Agreement Exhibit "A" to Resolution No. 3629 August 5, 2003 Page 4 of 5 APPROVED AS TO FORM: lJari'~l B. Hei'37'C~y AttorneXy/K,......~ LESSEE "FLEWELL1NG ~.~ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this /q' day of 2003, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared ~'~4/e/~' .7~: fi/~ &.'e//~5'' 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 mentioned. GIVEN UNDER my hand and official seal the date herein above set forth. [printed nme] NOTARY PUBLIC in and for the State of Washington, residing at ~ MY COMMISSION expires Auburn Park Lease Agreement Exhibit "A" to Resolution No. 3629 August 5, 2003 Page 5 of 5