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Home My Public Portal About1979.04.01 Senior Citizens Center LeaseSENIOR 'CITIZENS LEASE THIS INDENTURE, Made and entered into this day of April, 1979, by and between the City of McCall, a municipal corporation of the State of Idaho, hereinafter called Lessor, and McCall Senior Citizens, Inc., an Idaho corporation with its principal place of business at McCall, Idaho, hereinafter called Lessee, W I T N E S S E T H o In"consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: I Lessor hereby leases to Lessee for a term of ten (10) years, which began , 1979, up to and in- cluding the day .of , 1989, that certain land and building in McCall, Valley County, Idaho, known as the McCall Senior Citizens Center, more particularly described as .follows, to -wit: A tract of land in the SE4SW14, Section 9, Township 18 North, Range 3 East, BeM., Valley County, Idaho, more particularly described as follows: Commencing at the Northwest corner of the SEIffSW4 of Section 9, Township 18 North, Range 3 East, B,M.; thence East 30 feet to the East boundary of First Street; thence South along the East boundary .of First Street a distance of 232e9 feet to the real point of beginning; thence continue South along said East boun- dary of First Street 175 feet more or less to the intersection thereof with the Northwesterly boundary of the Oregon Short Line Railroad right of way; thence in a Northeasterly direction along said railroad right of way to a point directly East of the real point of be- ginning; thence West 175 feet more or less to the real point of beginning, which tract is part of Block One of the vacated plat of the Lakeport Addition to the Village of McCall. II Lessee shall pay to Lessor as rental for said premises the following: (a), the sum of Ten Dollars ($10.00) per year in advance on the day of April of each year of the term of this lease; (b) each year, in advance, the following 1. A sum extended premises 2e A sum property equal to the premium for fire insurance with coverage to the full insurable value of such and building; equal to the premium for personal injury and damage insurance with the following coverage: $100,000 for each person 300,000 for each occurence 50,000 for property damage 2,000 for medical coverage III Lessee shall have the option to renew this agreement for additional terms of five (5) years each at the same rent as set forth in paragraph II subject to the provisions of paragraph IV hereof. Upon ninety (90) days' written notice in advance, either party to this lease may terminate and cancel the same and possession of said premises shall be delivered to Lessor as provided in paragraph XIII hereof. IV The annual rental payable under the provisions of paragraph II hereof shall be reviewed at the end of this lease and at the end of each renewal period as above provided and if at the time of any such review the Consumer Price Index has increased at least five percent (5%) above the Consumer Price .Index at the beginning of this lease or at the time of any prior review of rental, such rental shall for the succeeding five (5) years be increased by such per- centage of increase in the Consumer Price Index. If such index has increased by less than five percent (5%) prior to any review date, the rental for the succeeding five years shall remain the same. V Lessee shall not assign this lease or sublet the.pre- mises to another party without the express written approval of Lessor. UT premises to another party without the express written approval of Lessor. VII Lessee agrees to maintain the interior of said premises at its own expense, including interior painting or redecor- ating. Lessor agrees to replace all broken plat glass un- less such breakage is the result of an act of the Lessee, its members or employees. Lessor agrees to maintain the automobile parking area in good order and to remove the snow therefrom. VIII Lessee shall not conduct any activity that is unlawful, ultrahazardous, or that would increase the premiums for fire insurance on the premises. No advertising material is to be affixed to the exterior portions of the building by Lessee except upon written con- sent of Lessor. IX Lessee may upon specific written consent of Lessor and at its own expense, make alterations, additions, or improve- ments in and to the interior of the leased premises. Al- terations shall be performed in a workmanship manner and shall not weaken or impair the structural strength, or lessen the value, of said building or change the purposes for which the building, or any part thereof, may be used. A11 alterations, additions, and improvements on or in the leased premises at the commencement of the term, and that may be erected or installed during the term, shall be- come part of the leased premises and the sole property of Lessor, except that all moveable fixtures installed by Lessee shall be and remain the property of Lessee. All alterations, additions, and improvements on or in the demised premises that may be erected or installed during the term, shall become part of the demised premises and the sole property of Lessor, except that all moveable fixtures installed by Lessee shall be and remain the property of Lessees IX Lessee has examined the building and premises prior to execution of this lease and hereby acknowledges that the demised premises were in satisfactory condition at the time Lessee entered into possession thereof_. Lessor has made no representations to Lessee relating to the condition of the premises except as provided in this lease agreement. X Lessor shall, on default with respect to any of the provisions of this lease by Lessee, provide Lessee with written notice of any breach of the lease terms or conditions and Lessee shall then have 10 days to either correct the condition, or commence corrective action if the condition cannot be corrected in 10 days. If_ the condition cannot be corrected in 10 days, Lessee shall have a reasonable time to complete the correction. Lessor may elect to enforce the terms and conditions of the lease by any other method available under the law, or Lessor may declare a forfeiture of the lease by providing 15 days° notice to Lessee of Lessor's intent to do so. XI Any and all remedies provided to Lessor for the en- forcement of the provisions of this lease are cumulative and not exclusive, and Lessor shall be entitled to pursue either the rights enumerated in this lease or remedies authorized Tceccc he liable for any costs or expenses, including attorney fees and court costs, incurred by Lessor in enforcing any terms of this lease, or in pursuing any legal action for the enforcement of Lessor's rights. XII If the premises herein leased shall be destroyed or shall otherwise become reasonably untenantable for its busi- ness and purposes, the Lessee shall not be required to pay rental hereunder for such time or times as the said premises shall thus be untentable, and a failure of the Lessor for any period of sixty (60) consecutive days to render such premises tenantable for the Lessee shall be sufficient ground for the termination of this lease by the Lessee. XIII The Lessee at the expiration of the term hereof shall, at once and without requirement of notice, quit the said premises and surrender the same to the Lessor in as good condition as they now are, any damage resulting from reason- able use of said premises, by fire, or cause beyond the control of the Lessee, excepted. XIV This agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have by resolu- tion of their respective governing bodies caused this instru- ment to be executed the day and year first above written, CITY OF McCALL, IDAHO By Mayor Attest: City Clerk LESSOR McCALL SENIOR CITIZENS, INC. .times,.te) keep and maintain the said building and premises' in a good and proper state of repair, including, but not limited to, exterior painting, plumbing and other building service fixtures; and Lessor agrees to maintain the roof of said building in such condition as will at all times prevent water from getting into said building and in the event that damage is caused to said building during the effective term of this lease from such cause, Lessor agrees promptly to repair such damage without expense to Lessee, or to reimburse Lessee in full for Lessee's expense in redecorating or making repairs caused by such damages Except as hereinabove provided, Lessee agrees to maintain the interior of said building at its own expense, including interior painting or redecorating. Lessor further agrees to replace all broken plate glass unless such breakage is the result of an act of the Lessee, its members or employees. Lessor further agrees to maintain the automobile parking area in good order and to remove the snow therefrom. . VII Lessee shall not conduct any activity that is unlawful, ultrahazardous, or that would increase the premiums for liability insurance on the premises. No advertising material is to be affixed to the exterior portions of the building by Lessee. VIII Lessee may upon specific written consent of Lessor and at its own expense, make alterations, additions, or improve- ments in and to the interior of the demised premises. Al- terations shall be performed in a workmanship manner and shall not weaken or impair the structural strength, or lessen the value, of the building on the premises, or change the purposes for which the building, or any part thereof,