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Home My Public Portal About2009.05.22 ASSIGNMENT OF LEASE Lot 9Assignment of Lease Page 1 of 6 Revised 3/26/09 ASSIGNMENT OF LEASE Parties: NEIGHBORHOOD HOUSING SERVICES, INC., a corporation organized and existing under the laws of Idaho, Assignor STEPHEN SWOBODA & CHRISTINE SWOBODA, husband and wife, Assignee CITY OF MCCALL, a municipal corporation organized and existing under the laws of Idaho, Landlord Agreement, made effective as of the 22 day of May, 2009, 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 Stephen Swoboda & Christine Swoboda, husband and wife, Assignee, of 1196 N. Cove Colony Way, Eagle, Ada County, State of Idaho, herein referred to as “Swoboda.” 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 Lease Agreements 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, in such Lease and the First Amendment to Lease true and correct copies of which are attached hereto marked Exhibits A and B 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 Ground Lease as Exhibit 1, which is the subject of this Lease. 1.5 “Swoboda”: Means and refers to Stephen Swoboda & Christine Swoboda, husband and wife, party to this Agreement as assignee. Assignment of Lease Page 2 of 6 Revised 3/26/09 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; and 2.2 “Neighborhood” is willing to sell one of the community housing homes to “Swoboda”; and 2.3 The Premises suit the needs of “Swoboda”; and 2.4 “Neighborhood” is desirous of assigning its rights under the Lease to “Swoboda” upon the condition that “Swoboda” performs all the terms and conditions of the Lease in a timely manner and “City” consents to the assignment, to all of which “Swoboda” 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 “Swoboda” all of “Neighborhood’s” interest in the Lease for “Swoboda” to purchase one of the community housing homes located at 1559 McCall Avenue, McCall, Valley County, ID 83638, dated the 28th day of September, 2006, which Lease was made between “Neighborhood”, as lessee, and “City”, as lessor, and in the rent paid by “Neighborhood” as lessee under the Lease, subject to all the terms, conditions, covenants, and agreements contained in such Lease, in such Lease and the First Amendment to Lease true and correct copies of which are attached hereto marked Exhibits A and B. 3.2 “Swoboda” 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 Assignment of Lease Page 3 of 6 Revised 3/26/09 Stephen Swoboda & Christine Swoboda 1196 N. Cove Colony Way Eagle, Idaho 83616 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 Page 4 of 6 Revised 3/26/09 In witness whereof, each party to this agreement has caused it to be executed at , on the date indicated below. NEIGHBORHOOD HOUSING SERVICES, INC. Date: ______________ By: ______________________________________ Connie Hogland, Chief Executive Officer Attest: ______________________________ Secretary STEPHEN SWOBODA & CHRISTINE SWOBODA, husband and wife, Date: ______________ By: ______________________________________ Stephen Swoboda By: ______________________________________ Christine Swoboda 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: Bert Kulesza, Mayor Attest: ______________________________ BessieJo Wagner, City Clerk Assignment of Lease Page 5 of 6 Revised 3/26/09 STATE OF IDAHO, ) : ss: County of Ada, ) On this _______ day of ______________, 2009, a Notary Public in and for said State, personally appeared Connie Hogland and ____________________________, known or identified to me to be the Chief Executive Officer and Secretary of Neighborhood Housing Services, Inc., 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 ______________, 2009, a Notary Public in and for said State, personally appeared Stephen Swoboda and Christine Swoboda known or identified to me to be the person or persons 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 Page 6 of 6 Revised 3/26/09 STATE OF IDAHO, ) : ss: County of Valley, ) On this _______ day of ______________, 2009, a Notary Public in and for said State, personally appeared Bert Kulesza 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 Acting 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:_____________________