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HomeMy WebLinkAboutGBJ LLC LAND LEASE AGREEMENT Lease agreement by and between: LESSOR: GBJ, LLC; a Washington limited liability company, 905 4th NE, Auburn, Washington, hereinafter "LESSOR", and LESSEE: City of Auburn, 25 West Main Street, Auburn, Washington, hereinafter "LESSEE." LESSOR and LESSEE collectively hereafter known as the "Parties" and individually known as "Party." IN AND FOR CONSIDERATION of the mutual benefits to each party, subject to the terms and conditions below,, LESSOR leases to LESSEE, and LESSEE leases from LESSOR 'Parcel)# 6858700416 and 685,8700420 located in Auburn, Washington, legally described as follows: Lot Three (3) and the Easterly one-half (1/2) of Lot Two (2), Poplarwood Addition to Auburn, Block Six (6) Collectively hereafter known as the "Premise." TERMS AND CONDITIONS 1. Term. The term of this lease.shall be for five years effective on the date this document is signed by.both Parties and shall expire on April 30, 2016. The Parties shall have a j one.year option to renew. Either party may terminate this Lease with ninety (90) days' prior written notice from the terminating Party to the other Party. 2. Rent. The LESSEE shall pay the LESSOR, the amount of one dollar and no%ents I 1.00 on or before the fifth (5th) day of April each year during the term of this lease. All rent shall be paid to LESSOR at 905 4th NE, Auburn, WA, 98002. j 3. Utilities. LESSEE shall pay for all water, garbage and electrical services supplied to 'i the Premise during the term of this lease. All utilities.shall be paid before delinquency. f' City of Auburn: Parks & Recreation Jones Community Garden page 1 of 5 4. Possession/Use. LESSEE shall use the Premise only for the direct purpose of operating a Community Garden and shall comply with all federal, State, and local laws, rules, ordinances, and codes affecting their use of the Premise. 5. Alterations. The LESSEE may not remodel or refurbish the Premise in any way without receiving the written consent of the LESSOR. The LESSEE may install a water meter, 150 feet of split-rail fence, two water spigots and 100 feet of irrigation pipe.as necessary for their use of the Premise. The installation shall be done in a manner that minimizes any damage to the Premise. LESSEE may also place a sign on the Premise identifying their use of the Premise, provided, upon the expiration or termination of this lease, they shall remove the sign and repair any damage caused by removal of the sign. Should LESSEE violate any provisions of this section, it is understood and agreed that LESSOR shall have the right to terminate this lease, effective immediately, without notice. 6. Condition of Premise;:-Restoration. LESSEE- has inspected the Premise in the present condition. LESSEE acknowledges that LESSOR has made no representation or warranty concerning the condition of the Premise. Upon the expiration or termination of this lease for any reason, at LESSOR's option, LESSEE shall remove all personal property, equipment, and other alterations, and repair all damage and otherwise restore the Premise to its pre-lease condition at LESSEE's sole cost and expense. 1 7. Indemnification LHold Harmless / Release. LESSEE shall defend, indemnify, and _i hold harmless the LESSOR, ,its members, managers, employees, representatives and affiliates i from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss' or damage to property or the 'Premise, which arises out of LESSEE'S use of Premise, ' or from the 'conduct of LESSEE'S business, or from any activity, work or thing done, permitted, or suffered by LESSEE in or about the Premise, except to the extent such injury or damage I City of Auburn: Parks & Recreation Jones Community Garden page 2 of 5 shall have been occasioned by the negligence-of the LESSOR. All personal property placed on, or permitted to be placed on, the Premise .by LESSEE shall be at their risk. LESSEE, on behalf of themselves and their officers, officials,, employees, volunteers, heirs, affiliates and any other person or entity that may claim by; through or under any of them (collectively with LESSEE, the "Releasors") releases and discharges the LESSOR and its members, managers, employees, representatives and affiliates from and against all actions, suits, causes of action and liabilities-oflany kind or nature, whether in law or equity, and whether arisen, accrued or matured heretofore or hereafteri arising out of or related to use of the Premise by LESSEE or the other Releasors, or arising out of or related to LESSOR's acts or failure to act (negligent or otherwise). 8. Insurance. The LESSEE shall procure and maintain for the duration of the Agreement; insurance against claims for injuries or death to persons or damage to property, which may arise from or in connection with the LESSEE'S operation and use of the leased Premise, with at least the amounts and coverage set forth in paragraph 9 below. 9. Minimum Scope of Insurance. LESSEE represents and warrants to LESSOR that (a) LESSEE is a member of the Washington Cities Insurance Authority (WCIA), which is a self- insured pool of 124 municipal corporations in the State of Washington, and (b) WCIA has at least $5,000,000 per occurrence of liability coverage that is applicable in the event an incident occurs which the member shall be obligated to pay (subject to policy exclusions) by reason of liability: (a) imposed upon the member by law; or (b).assumed under contract or agreement by c the member and/or any officer, director; official, or employee of the member, while acting in his or her capacity as such. i { 10. Waiver of Subrogation. LESSEE and LESSOR hereby release and discharge i each other from all claims, losses and liabilities arising from or caused by any hazard covered l by property insurance on or in connection with the Premise. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. City of Auburn: Parks & Recreation lonesCommunity Garden page 3 of 5 11. Damage or Destruction of Premise. In the-event the Premise is substantially damaged or totally destroyed,- this lease shall be immediately terminable at LESSEE'S election. This shall be LESSEE's sole recourse in such event. 12. DefaultlRe-entry, Time is of the essence of this lease. If LESSEE defaults in any material term or condition or term of this lease, and, if, the default is not corrected within 30 days after written notice of the default, LESSOR may cancel this lease and re-enter the Premise. Service-of the notice of default shall be in, person or by certified mail, return receipt requested, directed to LESSEE'S last known address. 13. Miscellaneous. (a) LESSOR or its agent may at reasonable times and upon reasonable notice enter the Premise to insure compliance with this-leas e. This right to enter for inspection purposes shall not be construed as a duty to inspect. (b) If either party brings a suit against the other to enforce any rights or obligations contained in this lease, the losing party shall pay the prevailing party's attorney's fees and costs in a reasonable sum. (c) This lease agreement may be modified by the parties at any time, but only upon the written agreement of the parties. (d) Except as may be hereafter modified, this agreement contains all agreements of the parties respecting the matters contained in this agreement. a i ! i i I; THE REMAIN.DER.OF THIS PAGE INTENTIONALLY LEFT BLANK City of Auburn: Parks & Recreation Jones Community Garden page 4 of 5 DATED: '2011. LESSOR: GBJ, LLC, a Washington limited liability company By: Z'W~ Z., 7 ~ Le A. Jo , its managing member LESSEE: CITY O AUBURN By: Peter B. Lewis, Mayor Attest: Danielle Daskam, City Clerk City of Auburn: Parks & Recreation Jones Community Garden page 5 of 5 R� �� 2nd ADDENDUM TO THE LEASE AGREEMENT BETWEEN GBJ, LLC,AND THE CITY OF AUBURN THIS ADDENDUM is made and entered into this i3�6 day of �"�ar� , 2018, by and between GBJ, LLC, a Washington Lirriited Liability Company (hereinafter refened to as "Lessor"), and the CITY OF AUBURN, a municipal corporation of the State of Washington (heceinafter referred to as the "City", as an addendum to the Land Lease Agreement dated April t5th, 2011, between the parties for the land legally described as follows: Lot Three (3) and the easterly one-half (1/2) of Lot Two (2), Poplarwood Addition to Aubum, Block Six (6) Located in Aubum, Washington and collectively hereafter known as the "Premises". WITNESSETH: WHEREAS, The City and GBJ, LLC entered into a Land Lease Agreement on April IS`", 2011, fo;a five (5) yeaz term with an option to extend for an additional one (I) year term for land to be used as a Community Gazden; and WHEREAS,on February 18`h and ]9`h the City and GBJ,LLC agreed to exercise the option of the additional one (1) year term through written Agreement titled "Jones Communiry Gazden Renewal Option"; and WHEREAS, on January 9, 2017 the City and GBJ, LLC executed the is`Addendum to the Agreement whereby extending the Lease for an additional one (1) ye.ar term, which term expires Apri130, 2018; and WHEREAS, The City and GBJ, LLC for the benefit of the public wish to extend the term of the Lease Agreement for an additional one (1) yeaz term NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the Parties hereby agree as follows: 1, This Land Lease Agreement shall be extended beginning May 151,2018,through April 30`h, 2019. 2. As consideration given for this term the City agrees to have the existing stump and logs located along the boundary separating the corrimunity garden and Mr. Leroy Jones (managing member of GBJ, LLC) private residence, located at 905 4`h St SE, cut up and removed from the property. The City's Pazks, ARs and Recreation department shall be responsible for all costs associated with the removal. 3: All other terms and conditions of the original Lease shall remain the same (SIGNATURES ON THE FOLLOWING PACEJ LESSOR: LESSEE: GBJ, LLC CITY OF AUBURN By: � � BY� LeRoy A. Jon � rts ma ng member NanCy BBCkU - ayoT' � Date: 3 .3 Date: 3 � ��J' � D 3rd ADDENDUM TO THE LEASE AGREEMENT BETWEEN GBJ, LLC, AND THE CITY OF AUBURN THIS ADDENDUM is made and entered into this day of M 2019, by and between GBJ, LLC, a Washington Limited Liability Company ("Lessor"), and the CITY OF AUBURN, a municipal corporation of the State of Washington (the "City"), as an addendum to the Land Lease Agreement dated April 15th, 2011, between the parties for the land legally described as follows: Lot Three (3) and the easterly one-half (1/2) of Lot Two (2), Poplarwood Addition to Auburn, Block Six (6) Located in Auburn, Washington and collectively hereafter known as the "Premises". WITNESSETH: WHEREAS, the City and GBJ, LLC entered into a Land Lease Agreement on April 15`h, 2011, for a five (5) year term with an option to extend for an additional one(1) year term for land to be used as a Community Garden; and WHEREAS, the City and GBJ, LLC, have agreed each year to exercise the option of the additional one(1)year term through written Agreement titled"Jones Community Garden Renewal Option"; and WHEREAS, The City and GBJ, LLC for the benefit of the public wish to extend the term of the Lease Agreement for an additional one (1) year term NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the Parties hereby agree as follows: 1. This Land Lease Agreement shall be extended beginning May 1st, 2019,through April 30`h, 2020. 2. Total consideration for this one year Lease term is: One Thousand Three Hundred and Seventy-Five Dollars and no cents ($1,375.00) becoming due as follows: a. Six hundred eighty-seven dollars & no cents ($687.50) due on May 1, 2019 b. Six hundred eighty-seven dollars &no cents ($687.50) due on October 1, 2019 3. All other terms and conditions of the original Lease shall remain the same. [SIGNATURES ON THE FOLLOWING PAGE] LESSOR: LESSEE: GBJ, LLC CITY OF AUBURN By: By: " • ;, . /�.�.., LeRoy A. JorlAsits ma ' mg member Nancy Bac itti, Mayor Date: 0A sz.zU%2 Date: bAsil 3rd ADDENDUM TO THE LEASE AGREEMENT BETWEEN GBJ, LLC, AND THE CITY OF AUBURN Wti THIS ADDENDUM is made and entered into this W , day of /V C - , 2019, by and between GBJ, LLC, a Washington Limited Liability Company ("Lessor"), and the CITY OF AUBURN, a municipal corporation of the State of Washington (the "City"), as an addendum to the Land Lease Agreement dated April 15th, 2011, between the parties for the land legally described as follows: Lot Three (3) and the easterly one-half (1/2) of Lot Two (2), Poplarwood Addition to Auburn, Block Six (6) Located in Auburn, Washington and collectively hereafter known as the"Premises". WITNESSETH: 9 Ri WHEREAS, the City and GI (:)(\ , 1 Z�GL 1t on April 15`h, 2011, for a five (5) year term with ai 1 ' 11/\ ;ar term for land to be used as a Community Garden; 1 co jvctC/'1 WCti51'1 ��'l9vlQ , WHEREAS, the City and G the option of the additional one(1) year term through u -1 D. - Garden Renewal Option"; and WHEREAS, The City and ( ) extend the term of the Lease Agreement for an addi NOW THEREFORE in cor )ns and promises, the Parties hereby agree as follows 1. This Land Lease Agreemen hrough April 30th, 2020. 2. Total consideration for this one year Lease term is: One Thousand Three Hundred and Seventy-Five Dollars and no cents ($1,375.00)becoming due as follows: a. Six hundred eighty-seven dollars & no cents ($687.50) due on May 1, 2019 b. Six hundred eighty-seven dollars &no cents ($687.50) due on October 1, 2019 3. All other terms and conditions of the original Lease shall remain the same. [SIGNATURES ON THE FOLLOWING PAGE] LESSOR: LESSEE: GBJ, LLC CITY OF AUBURN By: �'�d _ L By: or LeRoy A. Jon , its ma aging member Nancy Backu'. ayor Date: Uh 3 • 1a a �ZU/� Date: '