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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