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HomeMy WebLinkAboutHiblan, Joshua S and Wolter, Kaitlin MLEASE 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 Joshua S. Hibblan and Kaitlin M. Wolter, whose address is 4415 NE Fifth St, Apt #D103, 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 mobile home on certain real estate located in Auburn, Washington, which is described as the caretaker home site, located at 150 Feet East of the main entrance on the City's Game Farm Park premises. 2. TERM: The term of this lease shall be month to month commencing on the day of \ , 20jo$ 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. OFiLIGATIONS OF THE LESSEE: In lieu of the payment of the rent, LESSEE will perform the following duties: a. Secure grounds daily by opening and closing gates at Game Farm Wilderness Park. Also the LESSEE is responsible for opening the campground when it is reserved. 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 sha11 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 a11 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 Jim Capellaro (contact number (253) 931-3027) weekly. Auburn Park Lease Agreement Page 1 of 4 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. 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. Open and close restrooms unless campground is reserved. 4. HOLD HARMLESS AGREEMENT: For and in consideration of the mutual conditions in this Agreement, the LESSEE agrees to indemnify and hold ha.rmless 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 incuned 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 sha.ll 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. . Auburn Park Lease Agreement Page 2 of 4 7. INSURANCE: LESSEE agrees to obtain and maintain, during the tenancy of the lease described herein, homeowner's insurance in the minimum amount o£ $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 sha11 peacefizlly 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 tv pay the CITY for its reasonable attorneys' fees and costs sustained therein. 9. UTILITIES AND SERVICES: a. LESSEE sha11 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 sha11 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 sha11 be binding upon the parties unless evidenced by a written agreement executed by the CITY and the LESSEE. Auburn Park Lease Agreement Page 3 of 4 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 theday of , 20p~. ATTEST: B. LEWIS, MAYOR ~J' ' lle Daskam, City Clerk APPROVED AS TO FORM: Daniel B. eid, City Attorney LESSEE ~,F~ S. Hibblan okb~i~ Kaitlin M. Wolter Auburn Park Lease Agreement Page 4 of 4