Loading...
HomeMy Public PortalAbout1952.04.12 Council MinutesJ .i nrri 1_ meet r- t.he 7411nge Rn �,.7 ,.,.ac 1�•. �t r s4few41)-Orte. P rt. 1:'oberts prnnert if l sass ottrn'.^'a. on T,^e folT0.7t r^. :as 7 .a r,11erea.s,The of the N Ar 7,0erps of Fngin ^rs of the UnitedStates e f America irP to 1.7.,sc space in the Villn-e7 Tall for the =-=t hose= of storing e ui,-ment and held rrr ;n,^.,ti? .cti0n classes ='1'l!3 ,,re--•'asi?]_ "'aS bI"='L1:r"n't k1<'-fC)S"' +'ir:. I-'OaY.d -}.,7 lnaa- ram=.- n-•,C". 1n. the gill ass usll Ri7'lr;i,,.r. i..r-cria'.11 ,Te'a.ho to the 11nit,-d , 'tee of :9mz;r cap. a- or a t'rm be-innins 5, 1 c.15 3 !Ind cont inui n." th „ rl Junf 7n , i cis at `P rental 'et cf fifteen and no/100 (i10),nsr .forth +,n irnl, an 'ti.liti-": rn*rr T! n*^nfnre: be it rernl+rnn +l.+,n+ +inn V llnr.P of 7ernll enter irto said lens a-1 rrr, -'. - t r,r +l,,nt, .,f'i.` Rn.�rr7 �narr.h-- ^i-•-•,.•rf, t.il:�: (1t^"._':'?71an9 �' �t•!"L�' .".0��'�' �- O semr: a'j' d the Vi l l ..7e rl e.rSr to n ^+4 f- prr; .,l h4 s Ri .rrat 7Ot1 o:" h`j f rn,. trnRm❑nc . 1-?'r nl a.^;_ 't.i^..'i the ahntr' r ec.n11, tin 7eti-,,.,r narri d. 777 C, e f;,� �+ , DEPARTMENT OF THE ARMY Corps of Engineers letth Peelfle Division Lease No. W _ _ ENG LEASE BETWEEN of **CA I. and THE UNITED STATES OF AMERICA 1. This LEASE, made and exe ed into this in the year one thousand nine hundred and Me Mug* .f wwo11, 404$ whose address is 1434 ' i* 10.01111. day of by and between and w ern the property hereinafter described is that otee f"` F for heirs, executors, administrators, successors, and assigns/. hereinafter called the Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government>. WITNESSETH: The parties hereto for the considerations hereinafter ;mentioned covenant and agree as follows: 2. The Lessor hereby leases to the Government the following described premises, viz: tee rooms NO. 1 en NCI McMd floor of the 014 City +NO �14Swf, 1000 sad s it�Md *, Lets 9 mad 10, lit 11, �1 Ter elto eClR , Ids, N leialag 140 mere feet, weer lees. fee hoes SO* S en the seeead floor of the Old C1tir taal Se1141046 6h$ fret, sere se lop, to ho seed •s As totopolAtema four to be used for the following purpose: ENG FORM 527 1 JAN 48 -1- / -6 3. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning AAA I L through June 30, 194 Am/provided that, unless and until the Government shall give noVe IOW n in accordance with Msion 12 hereof, this lease shall remain in force thereafter from year to year without further notice provided further that adequate appropriations are available from year to year for the payment of rentals; and proed further that this lease shall in no event extend beyond JD Jim* 193E 4. The Government shall pay the Lessor rent at the following rate: „nubs rt%,aLuts Ave SAIVISM 01,40) par soefi or pro rats �or lraotirial period s! w tboroot. Payment shall be made at the end of each he Finance Officer, United States Army, Vad , Seattle 14, t * i#ra a+rmall ray. arairai�tiri r os d sSe rtttlod voushOr S 10��wLpr ar iuvrial to tit* l istrlit, fast.. to Tells ristrlot, Corps et LoOmooro, Sailtb40424, ClOy*oustir obDe't, AIKKOPPlent shall not assign this lease in any event, and shall not sublet the de- mised premises except to desirable tenants. 6. The Lessor shall furnish to the Government, as part of the rental consideration,- the following: Taproom moo opera, hos', 2ipete, water, eats so, of tailot !'e�ilftf�M, loolydLog mop, toliet pow tile, ropl4oeuest of limit bulbs oud perlMto ro r tati a• 7. The Government shall have the right, during the existence of this lease, to make alter- ations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which fixtures, additions, or structures, so placed in, upon or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. The Government shall surrender possession of the premises upon the expiration or termination of this lease and, if required by the Lessor, shall within 0 days thereafter, or within such additional time as may be mutually agreed upon, return the premises in as good condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damages by the ele- ments or by circumstances over which the Government has no control, excepted; provided that, if the Lessor requires the return of the premises in such condition, the Lessor shall give written notice thereof to the Government at least 111 days before the expiration or termination of the lease; and provided further, that should the Lessor give such notice within the time specified above, the Government shall have the right and privilege of making a cash settlement with the Lessor in lieu of performance of its obligation, if any, to restore the real estate, personal property (if any be demised herein), or both real and personal property. Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effectuating such settlement. -2- 8. The Lessor warrants the mechanical equipment, if any, and the utilities to be in good serviceable and operating condition. 9. The Lessor shall maintain the said premises and property in good repair and tenant- able condition during the continuance of this lease, except in case of damage arising from the act or the negligence of the Government's agents or employees. For the purpose of so maintaining the premises and property, the Lessor may, at reasonable times approved by the officer in charge, enter and inspect the premises and property, and make any necessary repairs thereto. 10. If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as to render the premises untenantable, as deter- mined by the Government, the Government may terminate the lease by giving written notice to the Les- sor within fifteen days thereafter; if so terminated no rent shall accrue to the Lessor after such partial destruction or damage; and if not so terminated the rent shall be reduced proportionately by supplement- al agreement hereto effective from the date of such partial destruction or damage. 11. As of the commencement date of this lease, a joint inventory and condition rt of all personal _property of the Lessor ino t physical survey and inspection report of the demised premises shall be made, said reports to reflect the then present condition, and to be signed on behalf of the parties hereto. 12. The Government may terminate this lease at any time by giving thirty (30) days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. 13. Any notice under the terms of this lease shall be in writing signed by a duly author- ized representative of tbe.jaarty,,Viiiig such notice, and if given by the Government shall be addressed to the Lessor at if ivive 1 itMaR1en s taitaidelni tatty eel gatiglie Divisisr A. 14. The Lessor warrants that he has not employed any person to solicit or secure' .:: agreement for a commission, percentage, brokerage, or contingent f = of this warranty shall give the Govern ht to annul the lease • scretion, to deduct from the rental the amount of such commission, perce _ _ _ •r contingent fees. This warranty shall not ap- ply to commission •y lessors upon contracts or leases sec- wed-tx. through bona fide estab- ommercial or selling agencies maintained by the Lessor for the purpose of sec ii— business,_ 15. No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. -3- I In WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written. In present .f: �— 1 (W tness) (Address of Witness) THE UNITED STATES OF AMERICA, By (Contracting Officer) (If Lessor is a corporation, the following certificate shall be executed by the secretary or assistant s°c- retary.) I, 01:I144P P• 1t '00 , certify that I 8.156t40, stork �� f the name ssoriririeb4ached Lease; that MOM M. itOI« aid, who signed said lease on behalf of the Lessor, was then Atier of sai corporatigiT that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. -4- 1908—FORT BELYOSR.YA 12_18_68-2c. OOU PARAGRAPH GRATUITIES (aa The Government may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract; provided, that the existence of the facts upon which the Secretary or his duly authorized Representative makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this contract is terminated as provided in para- graph (a) hereof, the Government shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Contractor in providing any such gratuities to any such officer or employee. (c) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. PARAGRAPH The lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment of the agreed rental, have access to and the right to examine any directly pertinent books, documents, papers, and records of the lessor involving transactions related to this leas PARAGRAPH 111 The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease with- out liability or in its discretion, to deduct from the consideration, the full amount of such commission, brokerage, percentage, or contingent fee. 'M LEASE Between VILLAGE OF McCALL, Valley County, State of Idaho, as Lessor, and ROBERT R. JOHNSON, Missoula., Missoula County, State of Montena, as Lessee THIS LEASE Made end entered into as of the 1st day of May, 1951, by end between the VILLAGE OF McCQLL, County of Valley, State of Idaho, hereinafter called the Lessor, and RO3ERT R. JOHNSON of Missoula, County of Missoula, State of Montane, here- inafter called the Lessee, WITNE SSET ii : Thet the Lessor, for and in consideration of the covenants and agreements hereinafter contained, to to kept and performed by the Lessee, hereby demises and leases to the Lessee, thrt certain building being the aircraft hangar, situated end being on the premises in Section Sixteen (lb), Township Eighteen (18), North, Range Three (3) East, Boise Meridian, known as the McCall Airport Site. To have end to hold the same unto the Lessee for a term of one year from and after the 1st day of May, 1951. The Lessee in consideration of said demises, covenants and and agrees with the Lessor as follows: First. To pay to the Lessor unon the execution of this leese, the sum of M50.00, receipt whe-eof is hereby acknowledged by the Lessor. Second. That the Lessee is now in possession of said pre- mises and shall be entitled to continue in possession of said premises for as lone as he shall not be in default in any of the covenants and agreements herein contained. Third. That the Lessees shall not commit or suffer any waste on s^.id premises and the Lessee will keep said premises in good repair, and upon the termination of this lease, in any way, will yield up said premises to said Lessor in good condition and repair, loss by fire and ordinary wear excepted. Fourth. That the Lease will not create, sufrer or permit any liens to be filed against said premises for material furnished. and labor performed in making improvements or repairs thereon. Fifth. In case said premises shall_ be .rendered untenentable by fire or other casualty, the Lessor n,at its option_, ter- minate this Lease, or repair said premises within 30 days, and felling so to do, or upon the destruction of said premises by fire, the term hereby created shall cease and determine, and in any such event, the Lessor shall not be liable for reimbursement to the Lessee of advance rental payments, or any part thereof. Sixth. The Lessor or its duly appointed agent shall have the right at reasonable times and et reasonable intervals to enter upon said premises for the purpose of inspecting the same and making repairs and improvements thereon not inconsistent with the use thereof by the Lessee, as herein contemplated. Seventh. That the Lessee shall not occupy anduse said. building for the operation of a different business or use the same for purposes other than it has been generally used during the year last pest, and in the event the Lessee shall operate, or attempt to operate or use said building for any dissimiliar pur- pose than in connection with aviation, this lease may, at the option of the Lessor be terminated. Eighth. That in the event the Lease shall hold over after the expiration of the term provided herein, or after default in the performance of any of the covenants and agreements herein --~ ;z-~ --~" _ ,- ~' _y~ I.3o a~e~s~uno~ ~aTTeA ZZtl~oi~ ~Q ;~~J~`IZ111 ~~aT~ :~- S~ZSt~ •ua~.~z~znn anoge ~s~zT,~ uta.zau semi pue 1Lep auk ~o se `pueu sTU has o~.una~zau seu aassa7 auk pue `saa~sn~zS ~o paeog s~z ,~o uoz~ez -T,zou~ne anp off. ~uens.znd `:~.zaT~ s~ ; 1iq paxz3~.e o~una~zau aq o~ Zeas s~ z pue ueuz.zzeu~ s~z ~q paq~aosgns aq off. auzeu a~s.zod~zoo s~.z pasneo o~una~zau seu .zossaZ atzs `~p~~~3~~Hl~l SS'~~?SIM ICI •o~aaau sa;~~ed anz~oadsaa auk ~o su~ZSSe pue s~zo~e~z~s ruZUZpe `s~zo~.noaxa `s.zzau auk ~o ~.z~auaq auk o~ a~znu pue puzq TTeus pauzta~.uoo uza~zaz~ s~uauzaa.z`~e pue s~ueuanoo auk. Deus (I~~~~3YJtf AZZ~Ilsllbl't S'1 ZI •aassa7 pies auk off. ao;~ou ~.nou~nn `aossa7 auk ~o uo;~do auk ~~; pa~euzAZ,za~ aq ~euz aseaT szu~ `pauze~uoo uza.zau s~.uaiuaa~z~e pus s~ueuanoo at1~ ~o Niue ~o aoueu: -~zo,~~zad auk uz aassa7 auk 1~q ~Tne,~ap uodn ~euZ •z~~.uz~ • ~aueua~ u~uouz o~ u~uouz e se pan~z~suoa aq TTet~s ~zano ~uZpTou L{ons `pauze~uoo o~~pl 'apaos~~'J ~~~~~~~~y~X~~~~~~ ~s ~uzplsaH ouspl_~°~~ '~ •zo3 ozlgn~ 1; a~oh °ua~~ zany anoge ~s~i~ a~aoz,~z~,zaa sz~~ uz aaali pus l~;p a~~ Tsas Taioz,},~o liuz pax~,~,Ia pua pu~;u ~taz has o~una~zau anau I `,~03~I1~q SS~NJ,IM III ~~aa~ uz ~iauuo~~s s~ auz~,>u u,~.~o sTu pug; 'ZE~u~ouz<zci s~; ova.-zrau~ uosuuoj• •h '~.aa oh ,~v ar,~t;u auk pagT~z~~sgns ~J~~~~~,~I~/`~%~lai~/~r~~~ au ~au~ auz off. pa~paTnnouxoa pus f'~uaum.z~suz uzu~Tnn auk o~ pagz~zosgns s~ auzau 'uosuuo~ ~i ~aac~o}I ~o ~~~'~ u ~au~zo'~~~ s~; asounn uos~ad a~~ aq o~ auz o~ unnou~ '~(f6~~E~~1~~~'~~~'~~~~~ pa~z~;adde ~TTauosaad 'a~rs~S pies ~zo,~ pua uz aTZgn~u~:,z~Y~oNz~p'pau.`dts,zapun ati~ 'auz aao,Iaq 'TSbT ',zaquzaoa~ 30 ~'sp u~b~ sluff u0 a~~~i~ ,~o tip un o ~ 'ss ( ~aTTsn ~ ~/~ii~ ~0 ~S~IZS v'I~ti QI ouspl 'apaosa~ ~s ~u:P:saH. _ ouapI X03 ozTgnd ~.z~;~o~ •ua~.~ :~znn anoga ~.saz3 a~aoT,~z+~zaa szu~ uz .zaa~ pus tiap a~i~ Zaas Tazoz<~ao Luz paxz,~,~a pus puau liuz has o~una~zau anew I '~O~~I~,fhM SS~I~ISIM NI °auzas auk pa~noaxa a~aTTza eons ~eu~ a~z o~ pa~paTnnouxoe pua `~uauzna~.suz pzas auk pa~noaxa ~au~ 'ouspI `Tlg~o~u 3o a~daTTz~ auk ~o saa~sn~zZ ,To paaog auk. ,~o '~Tanz~oaa:sa.z '~,zaT~ pua uauz~z;au~ auk aq o~ auz off. unnou~ 's:~oo~g •n pua s~~zagoH •~ anu~~~ pa~zaadda lTTauosaad 'a~.~e~S pzas ,zo,~ pua ut o~Tgnd: h~za~.oi~ a 'pau~zsaapun auk `aUZ a~o~aq 'Tr~T '~zagvzaoaQ ,~o f ep sz u ua~ o [[~~ /t ~aITa11 ~o n.~uno~ • J ~3 i ~ OH~CiT ~0 3Z~ZS