HomeMy Public PortalAbout2010.04.08 ASSIGNMENT OF LEASE Lot 8 with revisions 2009 07 16 Johnson 2Assignment of Lease – Lot #8 Page 1 of 6
April 22, 2010 Jerome R. Johnson
ASSIGNMENT OF LEASE
Parties: NEIGHBORHOOD HOUSING SERVICES, INC., a corporation organized
and existing under the laws of Idaho, Assignor
JEROME R. JOHNSON and REBECCA A. AUSTIN, Husband and Wife,
Assignee, 1555 McCall Avenue, McCall, Idaho, 83638
CITY OF MCCALL, a municipal corporation organized and existing under
the laws of Idaho, Landlord
Agreement, made effective as of the 8 day of April, 2010, by and between the
Neighborhood Housing Services, Inc, a corporation organized and existing under the laws of
Idaho, Assignor, of 1401 Shoreline Drive, Boise, Ada County, State of Idaho, herein referred to
as “Neighborhood,” and Jerome R. Johnson and Rebecca A. Austin, Husband And Wife,
Assignee, of 504 N. Road 52, Pasco, Franklin County, State of Washington, herein referred to as
“Johnson.”
ARTICLE I. DEFINITIONS
1.1 “Neighborhood”: Means and refers to the Neighborhood Housing Services, Inc., a
corporation organized and existing under the laws of Idaho, Assignor, party to this
Agreement as assignor.
1.2 “City”: Means and refers to the City of McCall, Idaho, a municipal corporation
organized and existing under the laws of Idaho, of 216 E. Park St., McCall, Valley
County, State of Idaho.
1.3 “Lease”: Means and refers to that certain Amended and Restated Lease
Agreement by and between the City of McCall, Idaho, a municipal corporation organized
and existing under the laws of Idaho, of 216 E. Park St., McCall, Valley County, State of
Idaho as Lessor and Neighborhood Housing Services, Inc., a corporation organized and
existing under the laws of Idaho, Lessee, a true and correct copy of which is attached
hereto marked Exhibit A and by this reference incorporated herein.
1.4 “Premises”: Means and refers to those certain premises with the appurtenances,
situated in, McCall, Valley County, Idaho, and more particularly described in the exhibit
attached to the Restated Ground Lease as Exhibit 1, which is the subject of this Lease.
1.5 “Johnson”: Means and refers to Jerome R. Johnson and Rebecca A. Austin, party
to this Agreement as assignee.
ARTICLE II. RECITALS
2.1 “Neighborhood” has entered into the Lease for the purpose of conducting in and
on such Premises community/workforce housing and for no other purpose, from the date
of the Lease until on or about September 2106 ; and
Assignment of Lease – Lot #8 Page 2 of 6
April 22, 2010 Jerome R. Johnson
2.2 “Neighborhood” is willing to sell one of the community housing homes to
“Johnson”; and
2.3 The Premises suit the needs of “Johnson”; and
2.4 “Neighborhood” is desirous of assigning its rights under the Lease to “Johnson”
upon the condition that “Johnson” performs all the terms and conditions of the Lease in a
timely manner and “City” consents to the assignment, to all of which “Johnson” is
agreeable; and
2.5 The Lease provides that the consent of “City” is required prior to any assignment
of the “Neighborhood’s” interest in and to the Lease.
NOW THEREFORE, in consideration of the foregoing, the parties covenant and agree as
follows:
ARTICLE III. COVENANTS
3.1 For the consideration set forth in Article II herein, and other good and valuable
consideration, the receipt of which is acknowledged, “Neighborhood” assigns to
“Johnson” all of “Neighborhood’s” interest in the Lease for “Johnson” to purchase one of
the community housing homes located at 1555 McCall Avenue, McCall, Valley County,
ID 83638, dated the 8 day of April 2010, which Lease was made between
“Neighborhood”, as lessee, and “City”, as lessor, and in the rent paid by “Neighborhood”
as lessee under the Amended and Restated Ground Lease, subject to all the terms,
conditions, covenants, and agreements contained in such Lease, a true and correct copy of
which is attached hereto marked Exhibit A.
3.2 “Johnson” accepts the assignment as set forth in section 3.1 herein as of the
effective date of this Agreement and agrees to perform all the terms, conditions,
covenants, and agreements of the Lease that are to be performed by the lessee.
ARTICLE IV. GENERAL PROVISIONS
4.1 Notices: All notices required to be given to each of the parties hereto under the
terms of this Agreement shall be given by depositing a copy of such notice in the United
States mail, postage prepaid, and registered or certified, return receipt requested, to the
respective parties hereto at the following addresses:
Neighborhood Housing Services, Inc.
1401 Shoreline Drive
Boise, ID 83707
Jerome R. Johnson and Rebecca A. Austin
504 N. Road 52
Pasco, Washington 99301
Assignment of Lease – Lot #8 Page 3 of 6
April 22, 2010 Jerome R. Johnson
or to such other address as may be designated in writing delivered to the other party. All
notices given by certified mail shall be deemed completed as of the date of mailing
except as otherwise expressly provided herein.
4.2 Non-Waiver: The failure of a party hereto to insist upon strict performance of
observance of this Agreement shall not be a waiver of any breach of any terms or
conditions of this agreement by any other party.
4.3 Conflicts of Agreement with Applicable Law: In the event any provision or
section of this Agreement conflicts with applicable law, or is otherwise held to be
unenforceable, the remaining provisions shall nevertheless be enforceable and carried
into effect.
4.4 Attorneys’ Fees: In the event any litigation arising under, or as a result of, this
Agreement or arising from any of the acts to be performed hereunder or the alleged
breach of this Agreement, except for an agreed declaratory judgment action sought to
clarify the responsibility and/or authority of the parties hereunder, the prevailing party
shall recover its costs and reasonable attorneys’ fees.
4.5 Idaho Law: This Agreement shall be governed and interpreted by the laws of the
State of Idaho.
4.6 No Assignment: No party may assign this Agreement or any interest therein
without the consent of both parties and the consent of “City”.
4.7 Binding Effect: The provisions and stipulations of this Agreement shall inure to
the benefit of and shall be binding on the heirs, legal representatives, successors in
interest, and assigns of the parties hereto.
4.8 Severability: In the event any of the provisions of this Agreement shall be
deemed illegal or unenforceable, such determination shall not operate to invalidate any of
the remaining provisions of this Agreement.
4.9 Headings: The bolded paragraph headings are for convenience only and are not a
part of this Agreement and shall not be used in interpreting or construing this Agreement.
Assignment of Lease – Lot #8 Page 4 of 6
April 22, 2010 Jerome R. Johnson
In witness whereof, each party to this agreement has caused it to be executed on the date
indicated below.
NEIGHBORHOOD HOUSING SERVICES, INC.
Date: ______________ By:_______________________________________
Connie Hogland, Chief Executive Officer
Jerome R. Johnson
Date: ______________ By: ______________________________________
CONSENT OF CITY OF McCALL:
The City of McCall consents to the assignment of lease subject to the terms and
conditions of the above contained Assignment of Lease.
CITY OF McCALL
Date: By:
Donald C. Bailey, Mayor
Attest: ______________________________
BessieJo Wagner, City Clerk
Assignment of Lease – Lot #8 Page 5 of 6
April 22, 2010 Jerome R. Johnson
STATE OF IDAHO, )
: ss:
County of Ada, )
On this _______ day of ______________, 2010, a Notary Public in and for said State,
personally appeared Connie Hogland known or identified to me to be the Chief Executive
Officer for Neighborhood Housing Services, an Idaho non-profit corporation that executed the
instrument or the persons that executed the instrument on behalf of said corporation 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) __________________________________________
Notary Public for Idaho
My Commission Expires: ____________________
STATE OF IDAHO, )
: ss:
County of Valley, )
On this _______ day of ______________, 2010, a Notary Public in and for said State,
personally appeared JEROME R. JOHNSON, known or identified to me to be the person that
executed the instrument and acknowledged to me that he 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) __________________________________________
Notary Public for Idaho
My Commission Expires: ____________________
Assignment of Lease – Lot #8 Page 6 of 6
April 22, 2010 Jerome R. Johnson
Rebecca A. Austin
Date: ______________ By: ______________________________________
STATE OF IDAHO, )
: ss:
County of Valley, )
On this _______ day of ______________, 2010, a Notary Public in and for said State,
personally appeared REBECCA A. AUSTIN, known or identified to me to be the person that
executed the instrument and acknowledged to me that he 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) __________________________________________
Notary Public for Idaho
My Commission Expires: ____________________
STATE OF IDAHO, )
: ss:
County of Valley, )
On this _______ day of ______________, 2010, a Notary Public in and for said State,
personally appeared Donald C. Bailey and BessieJo Wagner, known or identified to me to be the
Mayor and City Clerk of the City of McCall, respectively, the Idaho municipal corporation that
executed the instrument or the persons that executed the instrument on behalf of said municipal
corporation, and the persons who attested the Mayor’s and City Clerk’s signatures to the
instrument, and acknowledged to me that such municipal 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) __________________________________________
Notary Public for Idaho
My Commission Expires: ____________________