HomeMy WebLinkAboutLaura Sweany - 28728 Green River Rd S; KentLEASE 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 LaunlA. 5 n
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, let, and allow the LESSEE to occupy 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, WA 98031.
2. TERM:
The term of this lease shall be month to month commencing on the
3 - 1 , 2012, and may be terminated by either party hereto only by providing
the other party with thirty (30) days written notice prior to the termination of the
lease.
3. OBLIGATIONS OF THE LESSEE:
In lieu of the payment of the rent, LESSEE will perform the following
duties:
A. The LESSEE shall be responsible to perform tasks for approximately 35
hours a month from October through April and up to a total of 85 hours a month
from May through September. Tasks will be performed at the City's Mary Olson
Farm park facility located at 28728 Green River Road South Kent, WA 98031.
B. LESSEE will perform the following tasks:
1. Trim grass around buildings monthly during growing season.
2. Care for chickens and set out water and food for feral cat colony on a daily
basis.
3. Feed, water and provide general care for two cows or goats and two horses
or ponies, move to pasture and to barn as needed, remove manure to
compost bins, daily.
4. Meet with Museum staff at least monthly.
5. Work some weekends, staff special events, coordinate facility rental
(weddings, parties, etc) and other duties as assigned. Summer weekend
work anticipated.
6. Weed, water and care for farmhouse gardens.
7. Other work - related jobs as requested.
Auburn Park Lease Agreement
Page 1 of 4
8. Be available when necessary to perform above tasks.
9. Understand and follow directions from supervisor, posted rules and
procedures.
C. Additionally, LESSEE will be required to perform some or all of the
following: speak appropriately to individuals of different ages and backgrounds;
physically able to walk or hike on uneven outdoor surfaces on the farm, carry up to
50 pounds for short distances, bend and use hands to perform and complete above
tasks in a timely manner; meet commitments of both time and effort; and has a
devotion to history, historic preservation, farming or the environment, and shows
initiative in performing job responsibilities.
D. LESSEE will not:
1. Perform any type of vehicle maintenance on the property.
2. Use City equipment for personal benefit.
3. Consume alcohol or use tobacco while performing Caretaker duties,
4. Engage in offensive conduct and the use of offensive language.
5. Display signs, decals, bumper stickers, and posters that express political or
religious viewpoints.
E. LESSEE will work under the general supervision of the City's Facilities
Manager. However, tasks may be assigned by the Director of the White River
Valley Museum, acting as the City's agent under an existing lease.
F. LESSEE does not have any law enforcement authority.
4. USE OF CITY FACILITIES:
The City will provide, for caretaker's use, the following:
A. Mobile home, 12 x 60 feet located at the Mary Olson Farm.
B. Utilities to include electrical, water, septic, and garbage (garbage service
is at the nearby golf course).
C. Use of up to 1.5 acres of land to farm for the caretaker's own benefit;
land located north of the parking in the north meadow.
LESSEE is responsible for telephone and television (there is no cable or satellite
allowed unless satellite /cable can be sufficiently hidden from public view).
5. LIABILITY WAIVER, INDEMNIFICATION AND HOLD HARMLESS
AGREEMENT:
For and in consideration of the mutual conditions in this Agreement, the
LESSEE agrees to waive and releases all claims against the CITY its elected
officials, officers, employees, agents, and representatives and 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.
Auburn Park Lease Agreement
Page 2 of 4
6. 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.
7. 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.
8. INSURANCE:
LESSEE agrees to obtain and maintain, during the tenancy of the lease
described herein, homeowner's or renter's insurance (HO-4 Policy and/or a
liability umbrella policy) with liability coverage in the minimum amount of
$500,000, which shall include coverage for injury to any person or property arising
from LESSEE'S occupancy of the premises and 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.
9. 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.
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.
Auburn Park Lease Agreement
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IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the l
day of F,,_ 20 L.
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
��D iel B. eid, City Attorney
Auburn Park Lease Agreement
Page 4 of 4
PETER B. LEWIS, MAYOR
LESSEE
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