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HomeMy Public PortalAbout2013.10.18 McCall Arts & Humanities Council Personal Property Lease AgreementCITY OF MCCALL PERSONAL PROPERTY LEASE AGREEMENT MCCALL ARTS AND HUMANITIES COUNCIL THIS AGREEMENT is made and entered into this /ff day of Q.„.t.,../p.e„. , 2013, by and between the City of McCall (hereafter "McCall"), a municipal corporation of the State of Idaho, and Phil Wilcomb (hereafter "Artist"); _ WITNESSETH: Artist leases to McCall, the personal property described on attached Exhibit "A". The term of this lease is for a period of twelve months commencing on November 10, 2013, and terminating on November 10, 2014, under the following terms and conditions: 1. RENT: McCall agrees to pay Artist rent in the sum of $1.00 due and payable on an annual basis. 2. MAINTENANCE AND REPAIR OF PROPERTY: Artist agrees to perform routine maintenance and repair on the leased property necessary to maintain it in as good condition as the same is now in, reasonable wear and tear excepted. Risk of loss or damage to the leased property by fire, vandalism, theft of damage by,_the _ele neents shall be that of McCall. The tot replacement value of the work of art is $1,3 %60,=;'; (Artist signature and date: 3. WARRANTY: Artist has examined the personal property and is relying upon its own judgment on the suitability of the personal property for its intended use. City provides no warranty to Artist. 4. TIME OF ESSENCE AND DEFAULT: Time and the strict and faithful performance of each of the conditions of this agreement are expressly made the essence of this agreement. Either Artist or McCall may terminate this agreement with 24 hours written notice. The Artist may repossess the leased property after written notice to McCall. 5. ASSIGNMENT OR SUBLETTING PROHIBITED The Artist or McCall shall not assign this lease nor sublet any of the personal property to any other person. 6.. .. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified'or amended in writing by the parties. Page 1 of 3 Artist Lease Agreement 7. ATTORNEY FEES: If action is brought to enforce the terms or provisions of this lease, or to enforce forfeiture for default, or to collect damages for breach, the prevailing party in such action shall be entitled to recover from the losing party reasonable attorney fees together with costs authorized by law. IN WITNESS WHEREOF, the Artist and McCall do execute this Lease Agreement the day and year first above written. CITY OF McCALL, IDAHO By: ( Donald C Bailey, Mayor ATTEST: essieJo Waer,'City Cle ARTIST By: Phil Wilcomb Page 2 of 3 Artist Lease Agreement STATE OF IDAHO ) ss: County of Valley ) i�f On this 1 day of , 2013, before me, the undersigned Notary Public, in and for said State, personally appeared DONALD C BAILEY and BESSIEJO WAGNER, known to me to be the Mayor and City Clerk, respectively, of the City of McCall, a municipal corporation of the State of Idaho, who executed the within instrument, and acknowledged to me that such city executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year inst,lxisrazitifi to first above written. ..„0'0.411 11044.),„ �o (SEAL) i Notary 'ubl c for Idaho Commission Expires: " 4.i Residing at: McCall, I aho STATE OF IDAHO ) . ss: County of AD ) On this I S day of 6CtV�lli.„ , 2013, before me, the undersigned Notary Public, in and for said State, personally appeared PHIL WILCOMB known to me to be the lessee and artist who executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) e©oosamesc ,,„ Solf BUR �' $ a t��TA4r �e g .0. m PuB oc I m om ��`A �omci©���eee 0 �e0 lib ;. OF IS)1?: °i sk%etaQ®roetee° Not Public for Idaho Commission Expires:-"240-261g Residing at: McCall, Idaho Page 3 of 3 Artist Lease Agreement