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HomeMy WebLinkAboutShaena SpeidelLEASE 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 SHAENA SPEIDEL, whose address is 3821 Hst NE #7 Auburn, Washington 98002, hereinafter referred to as "LESSEE." IN CONSIDERATION FOR THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 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 3224 "V" street SE Auburn, WA. 2. TERM: The term of this lease shall be month to month commencing on the l st day of May, 2014, and may be terminated by either party hereto only by providing the other party with sixty (30) 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 $400.00 monthly, plus LEASEHOLD tax at 12.84% for a total $45136, which amount shall be paid on or before the 1 st day of June, 2014, and on the 1 st day of each month thereafter during the term of this Lease, except as provided hereafter. There shall be a late charge of $50.00 for any rent payment received after the 5 °i day of the month. If any rent checks are returned NSF, all future rent payments must be made by money order or certified check. DAMAGE DEPOSIT/NON- REFUNDABLE FEES. The City acknowledges receipt of a non - refundable pet fee (cats only maximum of 4) in the amount of three hundred dollars and no /100's ($300.00). The deposit shall be held at the following depository: Auburn Park Lease Agreement August 15, 2008 Page I of 7 S'n located at: Key Bank 15 Auburn Ave Auburn, WA 98002 Interest accrued on the deposit shall belong to the City. In addition to the rental payment stated above the LESSEE will perform the following duties: a. Secure grounds daily by opening and closing gates at Game Farm Park. The designated gates shall be opened daily, which includes weekends and City observed holidays, between 7:00 a.m. and 800 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 Mike Miller 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. Auburn Park Lease Agreement August 15, 2008 Page 2 of 7 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. LESSEE also agrees to spend an average of 50 hours per month performing the following tasks assigned by the Parks and Recreation Department. LESSEE will be credited with the amount of time listed below for each task when performed. 1. Opening Park — Y: hour credit a. Opening all gates and securing them by locking them into an open position. b. Turning on lights as scheduled Closing Park — 1 hour credit a. Checking to see that the park and parking lot are vacated. b. Locking gates and securing them into the closed position. C. Locking restroom building. d. Turning off field lights, if needed. C. Close gate at Roegner Park as assigned. 2. After Hour Surveillance — 1 hour credit for each hour worked a. LESSEE will be responsible for checking the site after the park is closed as assigned or approved by the Parks and Recreation Department. A maximum of 20 hours credit will be given each month for this surveillance. 3. Emergency Response — 1 hour credit for each hour worked a. The LESSEE will be the after hours contact for the park. He will also be responsible for the notifying the Police and Fire Departments il'there is an emergency. K. Hours worked in excess of the 50 required hours each month will be listed as excess hours and can be used by the LESSEE during the months when he is unable to work 50 hours (vacation etc.). Vacation schedule and tasks will be coordinated with the Game Farm Wilderness Caretaker. L. if LESSEE does not have excess hours accumulated to cover times lie is unable to perform these tasks, he may delegate the responsibility to perform these tasks to another person upon written Auburn Park Lease Agreement August 15, 2008 Page 3 of 7 notification to the Parks and Recreation Department and upon receiving approval in writing from the Director of the Parks and Recreation. The LESSEE shall provide to the Parks and Recreation Department the name, address and telephone number of the person by whom the tasks are performed. The LESSEE will be responsible for any costs associated with paying another person. M. If either party terminates this contract, the LESSEE will not be given any compensation for any excess hours accumulated. Excess hours may not exceed fifty (50 hours. N. LESSEE must submit, in writing, one month in advance any times he will be using excess hours or having another person perform opening and closing tasks. 0. LESSEE will be given a schedule on a regular basis (weekly or monthly) by the Parks and Recreation Department and informing him of the opening and closing schedule, and the light use. 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 Auburn Park Lease Agreement August 15, 2008 Page 4 of 7 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. 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. Auburn Park Lease Agreement August 15, 2008 Page 5 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the a',— day of d, 20\vA. ATTEST: CR -f�� Danielle Daskam, City Clerk APPROVED AS TO FORM: Dan B. etd, City Attorney CITY OF AUBURN JANCY JB � S, MAYOR LESSEE STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this dJj—day of l-)'� 20/�, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared IURNC-y 64-a& s 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. Auburn Park Lease Agreement August 15, 2008 Page 6 of 7 GIVEN UNDER my hand and official seal the date herein above set forth. Q � LJL� �?hh —pa wialc '!5:z)4Szli'A" l � [printed name] )NOTARY OTARY PUBLIC in and for the State of �! ° w's �dashington, residing at 4 ✓� �a-rM E (ate 3�,IY COMMISSION expires 10 -1-S—Zel �'q „�•75_1�',�O_- gypt�ic WASN��` Auburn Park Lease Agreement August 15, 2008 Page 7 of 7