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Home My WebLink About2788 ORIGINAL 1 RESOLUTION NO 2 7 8 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND KENNETH Z EASTMAN FOR 4 CARETAKER PURPOSES AT MOUNTAIN VIEW CEMETERY 5 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 7 WASHINGTON, DULY ASSEMBLED, HEREWITH RESOLVES THAT 8 Section 1 . The Mayor and City Clerk of the City of 9 10 Auburn are herewith authorized to execute a Lease Agreement 11 between the City and KENNETH Z EASTMAN for caretaker purposes 12 at Mountain View Cemetery A copy of said Lease Agreement is 13 attached hereto, designated as Exhibit "A" and incorporated by 14 reference in this Resolution 15 16 Section 2 . The Mayor is hereby authorized to implement 17 such administrative procedures as may be necessary to carry 18 out the directives of this legislation 19 DATED and SIGNED this 2nd day of December, 1996 20 CITY OF AUBURN 21 22 23p a CHARLES A BOOTH 24 MAYOR 25 26 Resolution No 2788 November 21, 1996 Page 1 1 ATTEST 2 4 Robin Wohihueter, City Clerk 5 6 7 APPROVED AS TO FORM 8 I jL \/ Michael-J Reynolds, 11 City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2788 November 21, 1996 Page 2 ORIGINAL 1 2 LEASE AGREEMENT 3 BETWEEN THE CITY OF AUBURN 4 AND 5 KENNETH Z EASTMAN 6 THIS LEASE is made and entered into on the day 7 hereinafter indicated by and between the CITY OF AUBURN, a 8 9 Municipal Corporation of the State of Washington, whose 10 address is 25 West Main, Auburn, Washington, 98001, 11 hereinafter referred to as "CITY" , and KENNETH Z EASTMAN, 12 whose address is 2020 Mountain View Drive, Auburn, Washington, 13 98001, hereinafter referred to as "LESSEE " 14 15 IN CONSIDERATION FOR THE MUTUAL COVENANTS AND CONDITIONS 16 CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS 17 1 LEASED PREMISES 18 19 The CITY does hereby lease and let and allow the LESSEE to maintain a mobile home on certain real 20 estate located in Auburn, Washington which is described as the caretaker mobile home site, graded 21 and leveled, 50 feet west of the maintenance building at Mountain View Cemetery 22 2 TERM 23 The term of this le se shall q�b"e" �m nth to month 24 commencing on the 5' ay of jJ U.b/� 1996 and may be terminated by either party hereto only by 25 26 Lease Agreement - Kenneth Eastman Exhibit "A" Resolution No 2788 November 21, 1996 Page 1 [d/agree/la-ke7 1 providing the other party with sixty (60) days 2 written notice prior to the termination of the lease 3 3 OBLIGATIONS OF LESSEE 4 In lieu of rent, LESSEE will perform the following duties 5 a Secure grounds daily by opening and closing gates 6 at Mountain View Cemetery and Centennial Viewpoint Park The designated gates shall be 7 opened daily, which includes weekends and City observed holidays, between 7 00 A M and 8 00 8 A M The gates shall be closed in the evening at dusk which is within thirty (30) minutes after 9 sunset The grounds will be secured by conducting an inspection of the Cemetery and Park 10 before closing gates to ensure that all visitors are off premises and by inspecting the premises 11 before opening the gates to ascertain if any acts of vandalism have occurred during the night 12 b Complete a log sheet as directed and submit it to 13 the Cemetery Coordinator 14 c Have a telephone within the leased premises and be available to provide the initial after-hours 15 contact by the Police, Fire, and other emergency services in the event of an emergency 16 d Assist the public and any groups needing 17 assistance at the Cemetery and Park, or as assigned 18 e Be available after regular Cemetery hours for 19 service when requested by the City staff 20 f Upon discovery, immediately report any acts of vandalism or potential vandalism to the proper 21 authorities 22 g Maintain the surrounding grounds in a neat and orderly manner and appearance Equipment sheds, 23 recreational vehicles, boats, camp trailers, etc , may not be kept or stored by the Lessee on 24 the leasehold premises unless LESSEE has received written approval from the Director of Parks and 25 Recreation 26 Lease Agreement - Kenneth Eastman Exhibit "A" Resolution No 2788 November 21, 1996 Page 2 [d/agree/la-kel 1 2 h Contain and control any pets or animals owned by the LESSEE to the area immediately surrounding 3 the residence occupied by the LESSEE Comply with all City ordinances and state laws regarding 4 animals at all times 5 Provide for a substitute caretaker who is pre- approved by the Director of Parks and Recreation 6 for any time the LESSEE is away from the site and unable to perform the obligations listed above 7 4 HOLD HARMLESS AGREEMENT 8 For and in consideration of the mutual conditions in 9 this Agreement, the LESSEE agrees to indemnify and hold harmless and defend the CITY, its elected 10 officials, officers, employees, agents and representatives, from and against any and all losses, 11 damages, costs, charges, expenses, judgments and liabilities incurred by virtue of the LESSEE ' S 12 utilization of the above-described real property pursuant to the terms of this Lease Agreement 13 5 USE OF PREMISES 14 It is further covenanted and agreed by and between 15 the parties hereto that LESSEE shall utilize the leased premises as a residence and for no other 16 purpose whatsoever 17 6 INSPECTION BY CITY 18 The CITY or a representative of the CITY may inspect said premises at any reasonable times to ensure if 19 the terms and conditions of this Lease Agreement are being strictly complied with 20 7 INSURANCE 21 LESSEE agrees to obtain and maintain during the 22 tenancy of the lease described herein homeowner ' s insurance in the minimum amount of $500, 000 00 which 23 shall include liability coverage for injury to any person or property arising from LESSEE ' s occupancy of 24 the premises The CITY shall be named as additional insured on this policy The LESSEE agrees to furnish 25 a Certificate of Insurance to the CITY and the CITY 26 Lease Agreement - Kenneth Eastman Exhibit "A" Resolution No 2788 November 21, 1996 Page 3 Ed/agree/la-ke] 1 shall be notified a minimum of twenty (20) days prior 2 to any cancellation or modification of the policy 3 8 DEFAULT AND RE-ENTRY 4 Failure of the LESSEE to fulfill and comply with the terms of this Lease Agreement as herein specified, or 5 upon the LESSEE ' S violation of any of the terms and conditions of the Lease Agreement, shall constitute 6 grounds for termination by the CITY upon giving LESSEE thirty (30) days written notice Upon 7 termination of this Lease Agreement , LESSEE shall peacefully surrender possession of said premises In 8 the event the CITY is required to undertake any legal action of any type whatsoever to enforce the 9 provisions of this Lease Agreement, then, in such event, LESSEE covenants and agrees to pay the CITY 10 for its reasonable attorneys ' fees and costs sustained therein 11 9 UTILITIES AND SERVICES 12 a LESSEE shall furnish and pay when due for all 13 utilities for the leased premises, which shall include but not be limited to, electricity, gas , 14 water, fuel, or any services or utilities used or assessed against the leasehold premises, unless 15 otherwise expressly provided for in this Agreement 16 b LESSEE shall be responsible for removal of all garbage from the leasehold premises 17 10 ASSIGNMENT OR SUBLEASE 18 LESSEE shall not assign, transfer or encumber this 19 lease, and shall not sublease the premises or any part thereof, or allow any other person to be in 20 possession thereof, without the prior written consent of the CITY 21 11 ENTIRE AGREEMENT 22 This Agreement contains the entire Agreement between 23 the parties, and no modification of this Lease Agreement shall be binding upon the parties unless 24 evidenced by a written agreement executed by the CITY and the LESSEE 25 26 Lease Agreement - Kenneth Eastman Exhibit "A" Resolution No 2788 November 21, 1996 Page 4 Id/wee/1.3-W 1 12 TAXES 2 LESSEE agrees to pay any and all taxes which may be 3 owed to the State, County, or City as a result of this Lease Agreement, including, but not limited to, 4 leasehold excise taxes pursuant to RCW Chapter 82 29A 5 IN WITNESS WHEREOF, the parties hereto have executed this 6 Lease Agreement on the /?Liday of L�(,(A/1996 7 8 CITY OF AUBURN 9 10 11 CHARLES A BOOTH MAYOR 12 13 ATTEST 14 15 e""A "'XJ) d ,C, 16 Robin Wohlhueter, 17 City Clerk 18 19 APPROVED AS TO FORM 20 r I \ 21 W,,�,�5� Sty\ 22 Michael J Reynolds, City Attorney 23 24 25 26 Lease Agreement - Kenneth Eastman Exhibit "A" Resolution No 2788 November 21 1996 Page 5 [d/agree/la-kel 1 LESSEE 2 4 KENNETH Z EASTMAN 5 6 STATE OF WASHINGTON ) 7 ) ss COUNTY OF KING 8 / )day On this J44 /day of 96 , before me, the 10 undersigned, a Notary Public in and for the State of 11 Washington, personally appeared KENNETH Z EASTMAN, to me 12 known to be the individual described in and who executed the 13 within instrument and acknowledged that he signed the same as 14 his free and voluntary act and deed for the uses and purposes 15 therein mentioned 16 GIVEN UNDER my hand and official seal the date 17 hereinabove set forth 18 19 ' et)74 , 20,1 NOTARY PUBLIC in and for e( S .:te o 21 Washington, residing at � . JW q MY COMMISSION expires ' 23 24 25 26 Lease Agreement - Kenneth Eastman Exhibit "A" Resolution No 2788 November 21, 1996 Page 6 [d/agree/la-ke] RECORDS MANAGEMENT Ordinance No / / Resolution/�No. a?O G //� /- Date Adopted lO LW L AGt-42(4&(/ Copies to 1 ) Department Contact(s) £tom Finance Department (Copy if relates to fees, charges, or any accounting responsibility) 2.) Code Book: 3 ) Recording File- 4 ) Citizen Requests: NAME Address cc: City Clerk BECLARATIONS-REPLACES ALL PRIOR DECLARATIONS, IF ANY Mtmurtnnuum ur ruLIGT rrepareo ror convenience in HOMEOWNERS - insured when policy is held by mortgagee or other party. r.�.rrr MOBILE ;HOMEOWNE�RPECIA%S1/ MUNIIIIF y4 ¢tho� fj FARMERS INSURANCE COMPANY OF WASHINGTON, VANCOUVER, WASH.. Policy Period Declar?eons-Reflect From (not SUPERSEDING POLICY prior to Loan time applied AGENT—SCOTT W GAN—PH 206/747-5920 No. P for) 12-23-96 To 07-13-97 at 12 01 AM Standard Time at described residence premises If checked here,.this policy will continue tar successive policy periods as follows: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, a rules and forms then in effect. Policy Number Named KEN EASTMAN F 91158 26 58 Insured & 2020 MOUNTAIN VIEW DR Mailing AUBURN WA 98001 Agent Address 79-49-330 Location or Same as mailing address unless otherwise stated: Description of Premises 8b FHB 2AB 66x14 Insured 2ND MTG Mortgagee or LOAN NO Other Interest We provide insurance only for those coverages indicated by a specific limit or other notation. imits of SECTIIN I PRIPERTY SECTION II LIABILITY OTHER nsurance ($) A Dwelling B Separate C Personal `0 Loss 'E Personal F Medical Pay BASIC EARTHQUAK or Mobile Home (Other) Property Of Use Liability To Others CONTS REPL COV Structures ffII 2t1.000 2,030 20,000 4, 000 500.u0r00e0 1.00erson ConSYruction: Additional Premises - Section II - Purpose of use is residential, unless stated otherwise. No of Units is: 001 VL 5 ACRES a 18615 NE 27TH ST KPN LAKEBAY ii4 98349 Insured is: OWNER Protection Class: 04 Outboard Motors over 25 h.p. (Singly or Combned) Section II Premium Group: Territo : k 1 MOTOR A► s.MOT'OR..0 It- Premium Total Prepaid Subject to E6120 2ED E4207 1'E'J E6015 1E0 Premiums First Year Premium the following W7900 1ED 57937 ' 1E ,, E0207 lED ($) Forms and 57929 1ED 57910 2ED 57965 1ED 265.00 EndorsementSE4158 lED Deductibles Deductible Coy. A, B or C $ 250 Exception:0 Ai If checked here, a deductible of$250 applies to loss for certain perils. In case of a loss under Coy. A, B, or C, we cover only that part of the total loss over the deductible stated. 4 For Landlords Protector Coverage D is Loss of Rents, Coverage E is Business Liability yr Mortgagee's 06 34 8b Policy Place of Issuance EL Mailed To — rP.O. BOX 8920 I I Vendor VANCOUVER, WA 98668 Date: 01_14-97 Discounts — NO DISCOUNTS APPLY This Declarations page is part of your policy. It supersedes and controls anything to the coot a It i .1•• •ise : `�� to all other terms of the policy. Countersigned .I 56-5299s90 See reverse side for Lender's Loss Payable End. r DETACH HERE.* • Authonzed Representative H-ee 1110 EARNERS—INSURANCE—CORFANP—or—WKS-fffINGTaN Policy Number From 12-23-96 To 07-13-97 at 12 01 AM Standard Time at described residence premises 791158 26 58 Loan No. Agent lo 79-49=330 Mail Remittance To: P.O. BOX 25365 SANTA ANA, CA 92799 0003799115826580000000000002 Named KEN EASTMAN Premium $ Insured & 2020 MOUNTAIN VIEW DR Memb. Fee or Pol. Fee $ Address AUBURN WA 93001 Payments or Credits $$ I Credit For Existing Ins. $ � � Total $ NONE 01-14-97 I ❑ Premium is paid annually unless "X'd' here. lit. E 6 1 4 1 1st Edition Named Policy Number Insured SEE DECLARATION PACir - - _, E 91158 26 sR -of the-Company designated -iribkie-D claratlons Location of Premises 2020 MOUNTAIN VIEW DR AUBURN WA 98001 Effective Date 12-23-96 ADDITIONAL INSURED—COVERAGE A AND B COVERAGE E AND.F In consideration of the premium we agree with you to the following. ® 1 Applicable only when indicated by an YI The insurance provided by this policy, for section I, Coverage A—Dwelling or Mobile Home and Coverage B—Separate Structures shall also apply to the additional insured name below 2. Applicable only when indicated by an RI The insurance provided by this policy for Section II, Coverage E—Personal Liability and Coverage F—Medical Payments to Others shall also apply to the additional insured named below 3. Insurance applies only with respect to occurrences arising out of the existence of the premises at the above location. 4 The additional insured shall not be construed or deemed to be a subscriber to the Company issuing this policy 5 The additional insured shall not be or become liable for any premium payments due upon this policy If this policy is terminated for any reason we will give ten (10) days notice in'writing to the additional insured named below This endorsement is part of your policy It supersedes and controls anything to the contrary It is otherwise subject to all other terms of the policy t CITY OF AUBURN CEMETARY Additional Insured 2020 MOUNTAIN VIEW DR Ii AUBURN WA 98001 /l /I3�rE iJj _ Countersigned :--r, te Authorized Representative I-95 1331 91-6141 1ST EDITION 3-90 W/500 Fl ANTED IN U S A st We have taken this opportunity— to furnish you with a complete record of- your policy coverages. This new policy replaces the policy of the same number previously issued to you. All endorsements and changes have been brought up to date. You may destroy any old policy and endorsement with the same number—Thank you. SEE REVERSE SIDE l w7900 WASHINGTON ENDORSEMENT AMENDING CONDITIONS - WASHINGTON 1st Edition It is agreed that your policy is amended to include provisions as described below SECTION I - CONDITIONS Under Conditions, Your Duties After Loss, item a., the first sentence is deleted and replaced by the following. a. give written notice to us or our agent as soon as practicable. Under Conditions, Loss Payment, the words "60 days' are changed to '30 days This endorsement is part of your policy It supersedes and controls anything to the contrary It is otherwise subject to all other terms of the policy FARMERS .IXfURWAEC XX(F "UP �A 94a900 1ST EDITION 5-96 /1/ P ♦� ATTACH DECLARATION'SHEET AND ENDORSEMENTS HERE Declarations: A Summary of Your Coverages, This policy shall not be effective unless countersigned on the Declarations Page by a duly authorized representative of the Company named on the Declarations Page. The Company named on the Declarations has caused this policy to be signed by the officers shown below. Farmers Insurance Company of Washington 7,770,..rr Aayeitez_c_. Secretary Vice President _ 1 � 56-5161 GTM EDITION 9.96 ' E-96 121 10 Of CHARLES A.BOOTH,MAYOR / / Li"� \ AUBURN CITY CLERK Robin Wohlhueter,City Clerk �. 25 West Main, Auburn,WA 98001 Dam Daskam,Deputy City Clerk City Clerk:(206)931 3039 Tamie Bothell,Records/License Clerk Business Registration:(206)931-3007 Fax (206)931 3053 STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2788 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2788 " I certify that said Resolution No 2788 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 2nd day of December, 1996. Witness my hand and the seal of the City of Auburn this 20th day of June, 1997 Robin Wohlhueter City Clerk City of Auburn