HomeMy Public PortalAbout2007.09.28 ASSIGNMENT OF LEASE Lot 5 Ringer ASSIGNMENT OF LEASE
Parties: NeiQbb--bQQd1 H-11-ing SQ=W1CQr,, TA-Q
Assignor
Ryan and Janna Rosin aagegv
Assignee
City of McCall,Idaho,a municipal corporation organized and emoting under
the laws of Idaho,Landlord
Agreement,made effective as of the day of �egteer 200--7,by
and between the Niqhhrrho-d woos . (entity),es iTRe
Assignor,of 1542 MCC�ll Avenue (address),
(City),
V.q I ley (county)County, State of Idaho,herein referred to as
"
and g ,, & (entity),Assignee,of 1 Boo N 6a-�fs A,,
(address), mcCA I I lay 1 99(county)County,State of Idaho,
herein referred to as T.j- Block 3, Groystome Village No. 3 according
to the official plat in the office of the recorder, Valley County
Idaho, recorded July 31 , 2006 as Instrument No. 311462 in Book 10
ARTICLE L DEFINITIONS of Plats at Page 56.
1.1 "(Assignor)": Means and refers to the Neighborhond Hon c-On(
fn§Wvices,
Inc.
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 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
Neir.1b. Lessee,a true and correct copy of which
is �firra ,?X%Rd bt-Mr,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 "{Assignee)":Means and refers to i s n x Js r na Rose 1Z i nqp-r (entity),
party to this Agreement as assignee.
Instrument# 326672
VALLEY COUNTY,CASCADE,IDAHO
2007409-28 03:42:17 No.of Pages:6
Recorded for:FIRST AMERICAN TITLE
ARCHIE N.BANBURY Tt Fee:18.00
-018clo Recordef
Ex
ASSIGNMENT OF LEASE-1 Index to ASSIGNMENT OF CONTRACT
4
ARTICLE 111.RECITALS
2.1 -(Assignor)"has entered into the Lease for the purpose of developing and
constructing community/workforce housing and for no other purpose,from the date of
the Lease until on or about 1 , 2007 and
2.2 "(Assignor)"is willing to sell the home on the premises to'(Assignee)";and
2.3 The Premises suit the needs of"(Assignee)";and
2.4 "(Assignor)"is desirous of assigning its rights under the Lease to"(Assignee)"
upon the condition that"(Assignee)"performs all the terms and conditions of the Lease
in a timely manner and"City"consents to the assignment,to all of which"(Assignee)"is
agreeable;and
2.5 The Lease provides that the consent of"City"is required prior to any assignment
of the"(Assignor's)"interest in and to the Lem.
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 R herein,and other good and valuable
consideration,the receipt of which is acknowledged,"(Assignor)'*assigns to
"(Assignee)"all of"(Assignor's)"interest in the Lem for"(Assignee)"to purchase the
home located at 1547 Mcca11 Auenue McCall,Valley County,ID
83638,dated the 28th.. . ...... day of 200 -7,which Lease was
made between"(Assignor)",as lessee,and T1t?',*iifessor,and in the rat paid by
"(Assignor)"as lessee under the 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 "(Assignee)"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 of the following addresses:
Assignor and address
Thomas M. Lay, ExpQutiyP ,Director
Neighborhond Housi-ag Services, Inc.
1401 Shoreline Drive, Boise, ID 83702
ASSIGNMENT OF LEASE-2
Assignee and address
Ryan R .Tonna- Rose Ringer
1800 N. Davis Avenue
McCall ID 83638
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-3
In witness whereof,each party to this agreement has caused it to be executed at
on the date indicated below.
"ASSIGNOR"
Date: Ci Z6 k)7 By: I AA IJ44
To Lay V
Executive Director
ASSIGNEE
-Vol
Date: By: T-7
Attest:
Se&retaqA
CONSENT OF CITY OF McCALL:
The City of McCall consents to the assignment of Lease subject to the term and
conditions of the above contained Assignment of Lease.
CITY OF WCALL
Date:
U7.11 A IM-IL-
MvIer
,E)0 nyo
Attest: /K A4 61
Shirley Overton,Deputy City Clerk
tt
ASSIGNMENT OF LEASE-4
STATE OF IDAHO, }
. ss:
County of Ada, }
On this 9544'day of 5e AMla-c --,2007,a Notary Public in and for said State,
personally appeared Tom Lay,known or identified to me to be the Executive Director,of
{Assignor},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 9 ,0ove written.
lvp
coc lo.
{SEAL}
Flo&ryTubli.4 for Idaho
f ``> iy Commission Expires:_ '"
STATE OF IDAHO, }
. ss:
County of Valley, }
On this 2-`IL- day of 2007,a No Public in d for said State,
known or identified t m me o be the...
o � and�y ..._�-
and S6tretary of
(Assignee),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)
' QTY Notary Pu c for Idaho
W
/ o My Commission Expires:
P� o
ST
ASSIGNMENT OF LEASE-5
f
STATE OF IDAHO, }
. ss;
County of Valley,
on this ��` day of��_�_, 2007,a Notary Public in and for said State, '
personally appeared Overton,.known or identified to me tD be s
the 4p I u erI of ' i#y cCall,respectively,the Idaho municipal
c
corpo on a instrument or the persons that executed the instrument on behalf of
said municipal corporation,and the persons who attested the Mayor's signature to the
instrument,and acknowledged to me that such municipal corporation executed the same.
s
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} colro o th SIj# + Notary Public for o
r4.t My Commission Expires:.iWork i * ing\ASSIGMI C of LEASE blank dac
ASSIGNMENT OF LEASE-6