HomeMy WebLinkAbout4337RESOLUTION NO. 4 3 3 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON AUTHORIZING THE MAYOR TO
EXECUTE PARK CARETAKER LEASE AGREEMENTS
WHEREAS, the City of Auburn is owner of certain park properties in Auburn which
some have residential units associated with them; and
WHEREAS, in the stewardship of these park properties, and until other uses are to
be made of the property, it is appropriate that the City utilize these properties as residential
caretaker units; and
WHEREAS, in order to address and accommodate the residential caretaker uses, it
would be appropriate for the City to use a consistent residential caretaker lease agreement
form, and it would be appropriate for the Mayor to be authorized to use that form on those
occasions where lease agreements are appropriate for the residential caretaker property
owned by the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as follows:
Section 1. Purpose. The Mayor of the City of Auburn is authorized to execute
such residential caretaker lease agreements as are necessary to address the tenant usage
of properties owned by the City and to utilize and execute agreements in conformity with
the residential caretaker lease agreement, a copy of which is attached hereto, marked as
"Exhibit A" and incorporated herein by this reference.
Resolution No. 4337
March 27, 2008
Page 1
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. Effective Date. That this Resolution shall take effect and be in full
force upon passage and signatures hereon.
Dated and Signed this day of , 200 ?.
PETER B. LEWIS
MAYOR
ATTEST:
L ", -
Dan'i'elle E. Daskam,
City Clerk
APPROVEDAS TO FORM:
a(niel B-H6
ity Attorney
Resolution No. 4337
March 27, 2008
Page 2
"EXHIBIT A", RESOLUTION NO. 4337
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
whose address is
Auburn, Washington 98001,
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:
? home; ? mobile home; ? other; on certain real estate located in
Auburn, Washington, which is described as the caretaker home site,
located at
2. TERM:
The term of this lease shall be month to month commencing on the
day of , 20 , and may be terminated by either party hereto
only by providing the other party with sixty (60) days written notice prior to
the termination of the lease.
3. OBLIGATIONS OF THE LESSEE:
The LESSEE shall pay to the CITY, the amount of
monthly, plus LEASEHOLD tax at 12.84% for rental, which amount shall
be paid on or before the day of , 200 ,
and on the day of each month thereafter during the term of this
Lease, except as provided hereafter.
In lieu of the payment of
LESSEE will perform the following duties:
of the rent,
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a. Secure grounds daily by opening and closing gates at
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 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.
b. Complete a log sheet as directed and submit the same to
weekly.
C. 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.
e. Be available after regular 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.
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. Other:
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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.
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 whatever.
6. 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.
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.
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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
assess against the leasehold premises, unless otherwise expressly
provided for in this Agreement.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Lease
Agreement on the day of 120
CITY OF AUBURN
PETER B. LEWIS, MAYOR
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ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
LESSEE
STATE OF WASHINGTON
ss
COUNTY OF KING )
On this day of , 20 , before me, the undersigned, a Notary
Public in and for the State of Washington, personally appeared
, 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 name]
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION expires
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