HomeMy Public PortalAboutPersonal Property Lease Agreement - Phil Wilcomb 2008.02.25CITY OF MCCALL
PERSONAL PROPERTY LEASE AGREEMENT
Artist leasing Art to the City of McCall.
TIllS AGREEMENT is made and entered into this 25th day of February, 2008, by and
between the City of McCall (hereafter "McCall"), a municipal corporation of the State ofIdaho,
and Phil Wilcomb hereafter "Artist")· , ,
WI TN ES SETH:
Artist leases to McCall, the personal property described 011 attached Exhibit "A".
The term of this lease is for a period of 17 months commencing on February 25, 2008 and
terminating on July 31, 2009 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 ofloss or damage to
the leased property by fire, vandalism, theft of damage by the elements shall be that of McCall.
The total replacement value of the work of art is $2,850.00
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 is 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.
Personal Property Lease Agreement
Revised 11/05/08
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7. ATTORNEY F.EES: Tfaction 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.
TN WITNESS WHEREOF, the Artist and McCall do execute this Lease Agreement the
day and year first above written.
ATTEST:
Brenna Chaloupka, Acting Cit/Clerk
ATTEST:
Personal Property Lease Agreement
Revised 11/05/08
CITY OF McCALL, IDAHO;
~ ~,/."
By6~~~
Bert Kulesza, Mayor \::
ARTIST;
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STATE OF IDAHO )
ss:
County of Valley )
On this I g, day of A) (III evVlb) v/ , 2008, before me, the undersigned Notary
Public, in and for said State, personally appeared Bert Kulesza and Brenna Chaloupka, known to
me to be the Mayor and Acting City Clerk 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 in this certificate first above written.
STATE OF IDAHO )
ss:
County of Valley )
On this \;:, day of N!:l \Ie W\hQ,c , 200 before 1 e, the unde igned Notary
Public, in an~ £ l' sa.id Stater yersonally appeared . and
_ . t:) , known t me to e the Artist and the Attester, who
execute the within instrument, and acknowledged to' me that such corporation executed the
sanle.
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)
Personal Property Lease Agreement
Revised 11/05/08
Not y Public for Idaho
COl mission Expires: 1, i161ZiUZ-
Residing at: McCall, Idaho"
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