HomeMy Public PortalAbout1990.12.31 Senior Center Lease Extension4
City of McCall
OFFICE OF THE CLERK
BOX ]065
MCCALL. IDAHO 83638
December 31, 1990
Del Catlin, Chairman
Board of Directors
McCall Senior Citizens Center
McCall, Idaho 83638
Dear Mr. Catlin,
On December 27, 1990 at their regular meeting, the
McCall City Council, by motion properly made and seconded,
on a unanimous vote, approved a five year extension of the
lease as requested. The lease renewal term is for five
years pursuant under the same terms and conditions set
forth in that lease between the city and McCall Senior
Citizens Incorporated, dated October 31, 1979.
Section III of that lease permits the lessee to renew
this lease for five year terms at the same rent. All other
terms of that agreement remain unchanged.
I regret the delay in extending this agreement.
Sincerely,
cc Rose Rebillet, Coordinator
Law Offices of
KILLEN, PITTENGER & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
William M. Killen
Gregory C. Pittenger
Carl B. Kerrick
Mayor and Council
City of McCall
P. 0. Box 1065
McCall, Idaho 83638
December 21, 1990
Telephone: 634-7118
Area Code: 208
Re: Opinion letter regarding McCall Senior Citizen Lease
Gentlemen:
It is my understanding the the McCall Senior Citizens has
expressly indicated a desire to renew their lease with the
City on the same terms and conditions as the previous lease.
The essential terms of that lease are for a period of ten
years at $10.00 per year, payable in advance on the first of
April each year, together with insurance coverage.
I have reviewed the lease and as drawn it certainly entitles
them to do so. The only qualification that I would make is
that the original term of the lease is for ten years, while
the renewal option as drawn provides for additional terms
of five years on the same rent, namely $10.00 in advance,
plus insurance coverage. Arguably the letter request of
December 7th may be requesting a renewal for a full ten
years.
Since the construction of this lease agreement as drawn
would permit the senior citizens to renew it indefinitely at
five years each, it may be a distinction without a
difference.
As you are probably aware the lease also provides for 90
days written notice of termination by either party without
cause, so that regardless of the perpetual renewal
provisions the City is well positioned, should the circum-
stances change, to reassert use and possession.
The only other qualification I would make is their right to
renew is conditioned upon having fully performed, I do not
know, but presume, they have been paying their $10.00
Mayor and Council
Page Two December 21, 1990
annually each year and causing the appropriate insurance to
be reissued. Assuming that to be the case then they are
well within their rights to request renewals, certainly at
five year intervals, and permissably at ten year intervals
if the council is so included to accommodate them.
Best regards,
KILLEN, PITTENGER ERRICK, P.A.
William M. Killen
WMK/ch
cc: Bud Schmidt
Bob Remaklus
P.S. The original ten year term ended December, 1989 - so
you are already into the first year of any renewal
term.