HomeMy WebLinkAboutHowarthLEASE 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 Daniel A. Howarth and Christa M. Howarth, husband and wife, who will
reside at 13009 Southeast 294th, Auburn, Washington 98092 (Telephone 253-333-8865)
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:
[] home; [-] mobile home; ~] other; on certain real estate located in
Auburn, Washington, which is described as the home site, located at 13009
SE 294th, Auburn, Washington 98092.
TERM:
The term of this lease shall be month to month commencing on the ~
day of March, 2004 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. OBLIGATIONS OF THE LESSEE:
The LESSEE shall pay to the CITY, the prorated amount of $700.00
monthly rent, plus LEASEHOL~ ~[ at 12.~4% for rental,,which amount
shall be paid on or before the ¢'~ day of~i'~v~~',-~ , 2004, On or
before the 5th day of each month thereafter during the term of this Lease,
except as provided hereafter, the full amount of the rent ($700.00) plus the
12.84% leasehold tax shall be due.
The LESSEE shall:
Maintain the yard and pasture area mowed and weeded in a neat and
orderly manner and appearance. In addition, LESSEE shall mow
the field adjacent to the property commonly known as 12913 SE
294th ST. Equipment sheds, recreational vehicles, boats, camp
trailers, etc. may not be kept or stored on the leasehold premises
Auburn Park Lease Agreement
March 3, 2004
Page 1 of 5
o
o
o
unless LESSEE has received written approval from the Director of
Parks and Recreation.
bo
Maintain a telephone within the lease premises and be available to
provide the initial contact by the Police, Fire, and other emergency
services in the event of an emergency.
Co
Upon discovery, immediately report any acts of vandalism or
potential vandalism to the proper authorities.
do
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.
eo
Inspect the premises and accept their condition, and shall keep said
premises in good order, condition, and repair during the terms of this
lease. LESSEE will report any conditions needing attention by other
than the LESSEE to the Parks and Recreation Director or his
designee.
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.
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.
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.
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
Auburn Park Lease Agreement
February 25, 2004
Page 2 of 5
o
10.
11.
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.
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.
UTILITIES AND SERVICES:
ao
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.
bo
LESSEE shall be responsible for removal of all garbage from the
leasehold premises.
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.
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.
Auburn Park Lease Agreement
February 25, 2004
Page 3 of 5
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 the ~"-~ day of February; 2004.
ATTEST:
CITY OF AUBURN
p~A~R~'''
APPROVED ~ FORM:
Daniel B. H¢itt, City ^ttorncy
LESSEE
'-'~aniel A. Howa~th ' -
Christa M. Howarth
Currently residing at:
Auburn Park Lease Agreement
February 25, 2004
Page 4 of 5
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this ~2-'l~x day of ~:~-
Public in and for the State of Washington, personally appeared
20 Ot~-r, before me,.-the undersigned, a Notary
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.
GIVEN UNDER my hand and official seal the date herein above set forth.
NOTARY PUBLIC in and/f-qr th;~ State of
Washington, residing at
MY COMMISSION expires \
Auburn Park Lease Agreement
February 25, 2004
Page 5 of 5