HomeMy Public PortalAboutSeetin Lease/Purchase THIS
made and entered into effective as of the first day of January, 1987, by and
among W. O. J. SEETIN and JEANETTE M. SEETIN, husband and wife
(hereinafter "Landlord"), and THE CITY OF McCALL, a municipal corporation of
the State of Idaho (hereinafter "Tenant").
LEASE AND OPTION TO PURCHASE (hereinafter /'~ease } is ~/ ~~
WITNESSETH:
ARTICLE I
LEASED PREMISES
Landlord, in consideration of the rents hereinafter reserved and of
the covenants and agreements on the part of Tenant hereinafter set forth and
contained, by these, presents, does demise and lease unto Tenant, and said
Tenant does hereby take and liire from' Landlord, the real property and
improvements (hereinafter the "premises"), which said premises are described
on Exhibit A attached hereto and'incorpora'ted herein by reference, together
with all the easements, rights, privileges and appurtenances thereunto
belonging or in any way appertaining, and together with the building and
improvements, Including parking facility improvements constructed thereon.
The improvements shall not include property of Tenant or the propane tank.
Tenant may, at its expense, cause a survey to be made of the real
property described In Exhibit A. If the survey conflicts with the description of
the real property described tn Exhibit A, and Landlord, Tenant and Mountain
Title & Escrow, Inc. agree in writing that the survey is accurate and complete,
Landlord and Tenant shall take such action as may be reasonably required to
substitute and/or correct the description of the real property in this lease and
documents exhibited to or referenced In the lease.
ARTICLE II
TERM
TO HAVE AND TO HOLD the demised premises for a term of twelve
years, beginning on the first day of January, 1987, and ending on the thirty-
first day of December, 1996, unless sooner terminated or cancelled as
hereinafter provided, at the fixed net rental for the term of the lease in the
amount of THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00),
payable in equal annual installments of. TWENTY-FIVE THOUSAND AND NO/100
DOLLARS ($25,000.00), in advance, on or before the second day of January of
each year in the term set forth hereinabove, and such additional rental as Is
hereinafter provided for, upon the terms, covenants, conditions and agreements
in this lease set forth. All amounts payable as rental shall be paid at the of flee
of the Landlord as set forth above or to such other person or person~ and a~
such other places and In such proportions as Landlord shall from time to time
designate by written notice to Tenant.
ARTICLE III
NET RENT
The term "net rent" as used herein shall, for all purposes, mean a
net return to Landlord of the amount thereof, undiminished by taxes, water
rents, sewer rents or charges, assessments or governmental charges or levies
of any kind or nature whatsoever, and, undiminished by any cost or payment
for the maintenance, operation, repair, upkeep, renewal, improvement,
alteration or reconstruction of the building and/or appurtenances thereto now or
at any time during the term of this lease. Nothing herein shall obligate Tenant
to pay any part of any franchise, inheritance, Income or profits tax which is, or
may be, Imposed upon Landlord, their successors, legal representatives or
assigns unless such taxes shall be levied upon the rents herein reserved in
place of or in the nature of taxes upon the demised premises.
ARTICLE IV
COVENANTS TO BE PERFORMED BY TENANT
Tenant covenants as follows:
A. Payment of Net Rent: To pay Said fixed net rent, and any
additional rental herein provided for, punctually when due hereunder;
B. Late Payment: If rent is five days or more late, whether with or
without notice, Tenant shah pay, in addition to the rental due, interest on the
rental amount in arrears from the date it was due, at an interest rate of
eighteen percent (18%) or the highest legal rate permitted by the laws of the
state of Idaho, whichever is less, which interest will continue to accrue until
the rent and all other amounts which may be in default are paid;
C. Maintenance and Repairs: At Tenant's cost, to keep said
premises in good condition, in safe and proper repair, to make aH repairs, both
inside and outside, ordinary and .extraordinary, whether or not such repairs
shall be of structural nature; and to put and keep the sidewalks and curbs
adjacent thereto in like repair and free from snow, Ice or encumbrances; and
when used in this subdivision the term "repairs" shall include replacement and
renewals when necessary, and all such repairs shall be of good workmanlike
· character.
D. Laws, Ordinances and l{egulatlons: At Tenant's cost, promptly
to comply with all laws, zoning regulations and ordinances, and every notice,
requirement, order or regulation (whatever the nature thereof may be), now or
hereafter enacted, of the United States, State of Idaho, and of any authority,
department or bureau thereof, and of the Board o£ Fire Underwriters or any
other body having similar functions or of any Insurance company Insuring
Landlord on policies secured by Tenant, affecting the premises or with respect
to any vault, sidewalk or other space or encroachment in, under or over any
street or avenue ad]oining the demised premises, including any existing at or
before the commencement of the demised term, and also all reasonable
requirements of the holder of the first mortgage In connection with the
maintenance of the property, whether or not any of the foregoing be within the
contemplation of the parties hereto;
E. Use of Premises: Not to use or occupy the premises, or any
part thereof, nor to permit the same to be used or occupied, for any unlawful
purpose; or in any way which would make void and voidable any insurance then
in force at the demised premises;
F. Examination of Premises:' To permit Landlord, or their agents,
and the first mortgagee, Its agents or representatives, to enter and examine the
premises, at such reasonable times, and under such reasonable conditions as
may be requested by Landlord;
G. Outlay by Landlord: Not to call upon Landlord for any
disbursement or outlay during the term, Unless in this Instrument speciflcaHy
provided for;
H. Return of Premises: At the expiration or termination of the
demised term, peaceably to surrender the premises, with all improvements and
additions thereto, broom-clean and in good condition, wear and tear excepted,
without notice of any kind, all notice to quit or vacate hereby being expressly
waived, any law, usage or custom to the contrary notwithstanding;
I. Indemnification of Landlord: Landlord shah not be responsible
for any defect, latent or otherwise, in the premises, or change of conditions in
the premises, or for any damage to the same or to any person, or to goods or
things contained therein, by reason of any matter or thing whatsoever, Tenant
assuming all.the risk and responsibility with reference to the present or future
condition, te'nantabHlty, management, operation or control of premises, and
Tenant will promptly indemnify and save and hold Landlord harmless of and from
all fines, suits, proceedings, claims, demands and actions, of any kind or
nature Whatsoever, brought by anyone whomsoever, arising or growing out of,
or in any wise connected with the occupation, maintenance, control or use of the
premlses or the streets or sidewalks adjoining the same, or by reason of any
breach, violation or non-performance of any covenant, condition or agreement
hereof on the part of Tenant;
J. Removal of Ltens: Within thirty (30) days after notice of the
filing thereof, to discharge any mechanics' lien or liens, which may be fled
against the premises by reason of work, labor, services or materials performed
for, or furnished to Tenant or its representatives, or anyone holding or
claiming the demised premises or any part thereof through or under Tenant;
I(. Shoring: In the event that an excavation shah be made for
building or other purposes upon land adjacent to the premises, or shah be
contemplated to be made, Tenant shall, upon request of Landlord, afford to the
person or persons causing or intending to cause such excavation to be made,
license to enter upon the premises for the purpose of doing such work as may
be necessary to preserve the buildings on the premises to support the same, by
proper foundations;
L. Remedies: In respect of the non-payment of any Item, or of
additional rent, anywhere in this lease provided for, Landlord shah have aL the
rights and remedies (Including any Summary'or other remedy now or hereafter
existing), as Landlord has, or may have in respect of the non-payment of the
fixed net rent; and any reference to "rent" anywhere in this instrument, shaU
include both fixed and additional rent hereunder, unless otherwise specifically
provided for;
M. 'Acceptance of Premises: Tenant accepts the premises subject to
the Present or future physical condition and location of any part thereof, and to
any state of facts which either an accurate survey or personal inspection might
reveal;
N. Title: Tenant shah have no power, and nothing herein
contained shall be construed .as giving Tenant power, to do any act or make any
contract which may create or be the foundation of any lien upon the estate,
reversion or other interest of Landlord, or of the present or any future owner
of the premises;
O. Landlord's Remedies: Any right or remedy of Landlord
hereunder, or at law, in equity or otherwise, upon any breach by Tenant, shall
be distinct, separate and cumulative, and no one of them, whether exercised by
Landlord or not, shall be deemed to be in exclusion of any other;
P. Further Assurances: Except as hereinafter provided, neither
the destruction of, nor injury or damage to, improvements at any time on the
premises, whatever the cause, shall terminate, or Invalidate this lease, and the
rent and additional rent shall be paid by Tenant to Landlord without any claim
for any reduction or diminution of rent or other expense whatsoever except as
is otherwise provided for herein.
ARTICLE V
TITLE INSURANCE; POSSESSION; EXISTING LEASES
A. Title Insurance: Landlord agrees, within ten days from the
execution date hereof, to furnish to Tenant a title policy from Mountain Title &
Escrow, Inc., Cascade, Idaho, in the amount of $187,000.00, or such other
amount as Tenant may elect, with said title policy insuring title to the property
in accordance with that certain commitment no. BE 133901, dated October 2,
1986, subject to the deletion of exception no. 8, the permitted addition of any
interest that Tenant may have pursuant to this lease and option, and further
subject to rights of tenants in possession. Landlord shah be responsible for
that portion of the premium for the title insurance equal to a premium on a
$25,000.00 policy, and Tenant shall be responsible for the balance of the title
insurance premium.
B. Possession: Possession of the premises shall be delivered to
Tenant on January 1, 1987, and Tenant shall be entitled to remain in possession
thereof until this lease expires or is for any reason sooner terminated, subject,
however, to rights of tenants in possession. It is specifically acknowledged
LEASE AND OPTION TO PURCHASE, p. 3
that Landlord reserves the right to store his personal property presently
located upon the premises until such time as Tenant vacates the property
located at 503 Park Street, McCall, Idaho, and furnishes to Landlord, without
charge, up to 75 man hours of labor and up to ten equipment hours to assist
Landlord in relocating said personal property to the premises at 503 Park
Street.
C. Existing Leases; Assignment: It is specifically understood and
agreed that possession of said premises Is subject to the following existing and
outstanding leases:
1. U.S. Government Lease for Real Property Number (Neg.) 57-
84MB-2-0051, dated May 1, 1982, wherein Jack Seetln or Jeanette
Mi Seetin are Lessors, and the United States of America is
Lessee, covering the premises described as follows:
3780 square feet of net usable radio, automotive and heavy
equipment repair shop space, comprising entire building, plus a
new addition of 1500 square feet, together with 8000 square feet
of adjacent fenced parking area and a loading dock and ramp for
unloading heavy equipment o/~ a site located at Park Street and
old Highway 15, McCall, Valley County, Idaho; situated in the
Northwest Quarter of the Southeast Quarter and Lot 3, Section
9, Township 18 North, Range 3 East, Boise Meridian.
2. Lease Agreement dated June 1, 1981, wherein William Oliver
Jackson Seetin and Jeanette Marie Seetin, husband and wife, are
referred to as "Landlord," and Cablevislon of McCall, Inc., an
Idaho corporation, is referred to as "Tenant," covering a small
tract tn the northeast corner of the leased premises.
Landlord does hereby transfer, set over and assign to Tenant all right, title
and interest of Landlord In and to both of the leases above described, together
with the right to collect and receive all rentals on such leases due and payable
from and after January 1, 1987, pursuant to and in accordance with that certain
Assignment and Assumption of Existing Leases, a copy of which is attached
hereto as Exhibit B. Provided, however, that Landlord reserves the right to
receive free television signals as provided in said lease to Cablevision of McCall,
Inc.
Landlord further agrees to notify the lessee and tenant above named,
tn writing, of this assignment, and inform them that all rents for the respective
premises from and after January 1, 1987, shall be paid to Tenant herein.
Landlord shah furnish Tenant with a copy of each such written notice.
AI%TICLE VI
ADDITIONAL RENT
A. Costs and Expenses: All costs and expenses which Tenant
assumes anywhere In this lease, shah be additional rent. Upon default by
Tenant, any such costs and expenses, at Landlord's option, immedlately, or at
any time thereafter, shall become due and payable by Tenant, as additional
rent. Furthermore, If Tenant shah fall to make any of the payments required of
Tenant, or shall fall to perform or to comply with any of the provisions, on
Tenant's part to be compiled with and performed, Landlord, at Its option, but
without obligation so to do, may make such payments, or any of them, or may
comply with such provisions or a.ny of them, and any and all sums expended by
Landlord, with interest thereon from the date of such expenditure, shall be
additional rent and, at Landlord's option, may be Immediately, or at any time
thereafter, due and payable or added to the rent due, at the time such
expenditures are made, or to any installment of rent thereafter becoming due.
But any such payment by Landlord shall not be deemed a waiver of Tenant's
default or shall affect any remedy by Landlord hereunder, by reason of such
default.
B. No Waiver of Remedies: Acceptance of Landlord of any sums,
either for rent or for use or occupancy of the whole or any part of the
premises, from anyone other than the specifically named Tenant herein, shall
LEASE AND OPTIOM TO PNRCHASE, p. 4
not be, nor shall it deemed to be a waiver of any of the Landlord's rights and
remedies hereunder.
Failure of Landlord to insist, In any instance, upon performances of
any provisions of this lease, or to exercise any option herein, shall not be
construed as waiving for the future, any such provision or option; and the
receipt of any monies or rent, of whatsoever nature, whether the rent be that
specifically reserved, or that which may become payable under any provision
herein, or whether the same be received from Tenant or from anyone claiming
under or through Tenant, or otherwise, shall not be deemed to operate as a
waiver by Landlord to enforce the payment of rent or charges, of any kind,
previously due, or thereafter becoming due, or the right to terminate this lease
and to recover possession of the premises, by summary proceedings or
otherwise, or to exercise any of the rights or remedies reserved to Landlord, or
which Landlord may have at law, in equity or otherwise.
C. Taxes and Assessments: As a part of the additional rent to be
paid by Tenant, Tenant agrees that Tenant shall and will, during the term
aforesaid, pay all duties, taxes, charges for water, sewer rents, rent for water
in any building or buildings, now or hereafter erected on said premises, or any
part thereo£ (including all charges £or installing and repairing water meters now
placed or hereafter required to be placed in any part of said premises),
assessments and other charges of any kind or nature, extraordinary as weH as
ordinary, general or special, foreseen as well as unforeseen, which shall, prior
to or during the term he~'eby demised, be laid, levied, assessed or imposed
upon, or become due and payable, or become liens upon the said premises, or
any part thereof, the leasehold estate hereby created, the sidewalks or streets,
or vaults, if any, In front of, or adjoining the demised premises, by virtue of
any present or future law, order, ordinance, requirement or demand of any
Federal, State or local governmental agency, or of any department, office or
bureau thereof. All the said real estate taxes, if any, and all charges for
water, sewer rents, water meter charges, assessments, and other payments
required to be made hereunder by Tenant, shah be paid by Tenant not later
than five (5) business days before any interest or penalty shall accrue upon the
same and before the end of any grace period allowed or permitted for the
payment thereof without penalty. All real estate taxes, if any, water rates and
sewer rents shall be apportioned for the last year of the term of this lease, so
that Tenant shall be obligated to pay only such proportion thereof, in said
year, as the number of months covered by the term of this lease In said year
bears to the total number of months for which such taxes, wat6r rates and
· sewer rents were levied. It is specifically agreed that Landlord shall be
responsible for the payment of 1986 taxes and assessments levied against the
premises.
If, at any time during the 'term of this lease, the premises, or any
part thereof, shall be affected by an assessment or assessments, which are or
may become payable in annual installments, of which the first installment Is then
a charge or lien, or has been paid, then, for the purpose of this lease, the
unpaid installments of any such assessment, including those which are [o become
due and payable after the termination of the term hereby demised, shall not be
deemed to be due and payable, until such time as the installment becomes a
charge or lien upon the premises, but shall be paid by Tenant on the date when
the same becomes due and payable, together with any interest or penalty
thereon, to the date of such payment, except as to such Installments which
become due and payable after the termination o£ the lease, in which event
Tenant shall be under no obligation to pay such latter installment. It is agreed
that any single assessment shall not be spread beyond a term o£ ten annual
installments under the provisions of this paragraph.
In any suit or proceeding, of any kind or nature, arising or growing
out of the failure of Tenant to keep this covenant, the certificate, bill, demand
or receipt of the official or department charged with Its collection, showing that
such tax, water rate, sewer rent, water meter charge, assessment or other
charge affecting the premises is due and payable, or has been paid by Landlord
after Its due date, shall be prima £acle evidence of a breach of this covenant by
Tenant. Tenant shah have the right to contest or review, by legal
proceedings, or in such other manner as it deems suitable (which, if Instituted,
shah be conducted promptly at Tenant's own expense, and free of expense to
Landlord), any tax, water rate, sewer rent, water meter charge, assessment or
LEASE AND OPTION TO PURCHASE, p, 5
governmental charges, or other charges, assessments, regulations or other
matter of whatsoever nature in any way herein referred to, or otherwise
arising, but such contest or proceedings shall not postpone the payment of any
sald charge; and If the same shall, as a result of such proceeding, at any time,
be reduced, cancelled or to any extent discharged, Landlord, If Landlord shah
receive any refund of any amount paid by Tenant, shall return to Tenant, the
amount of said refund, including the Interest, penalties and other charges
directed to be paid In such adjudication.
ARTICLE VII
ASSIGNMENT AND SUBLETTING
Tenant shall not assign thts lease or any of their rights therein, or
sublet more than eighty percent (80%) of the leased premises, without the
written consent of Landlord having been first obtained, which consent shali not
be unreasonably withheld. With respect to the assignment o£ Tenant's option
rights hereunder, Landlord may, in its sole discretion, arbitrarily withhold any
consent.
ARTICLE VIII
INSURANCE
Tenant, at Its own cost and expense and throughout the term, shall
maintain insurance with respect to the premises, of the following type and in the
following amounts:
A. Fire insurance with extended coverage, in an amount not less
than the full insurable value of the premises (excluding excavatlons and
foundations) as the same may be determined at not less than three (3) year
intervals by a responsible appraiser designated and paid for by Landlord, but
in any event in an amount sufficient to prevent Landlord or Tenant from
becoming a co-insurer within the terms of the applicable policies. This
paragraph shall not be construed to require Landlord to cause any reappraisal
to be made.
B. Public liability Insurance protecting Landlord against all claims
for personal injury, death, and property damage occurring upon, in, or about
the demised premises and the adjoining sidewalks, streets, roads and
passageways, with limits of at least $500,000 per occurrence for bodily injury
and property damage liability. Notwithstanding Tenant's duty to carry the
aforesaid insurance, Tenant covenants to indemnify and save harmless Landlord
from and against any and all claims arising from the occupancy of the premises,
the conduct or management of or from any work or thing whatsoever done in or
about the premises, or arising from any damage to any person or property
occurring during the term of the lease on or about said premises, and from and
against all costs, counsel fees, expenses, and liabilities incurred in or about
any such claim or action or proceeding brought thereon.
All such insurance carried by Tenant as required under the
provisions of subparagraphs A and B shall be carried in favor of the Landlord
and Tenant as their respective Interests may appear. Tenant shall deliver to
Landlord all policies of insurance with evidence by stamping or otherwise of the
payment of the premiums thereon and shall deliver to Landlord renewals thereof
from time to time at least ten (10) days prior to the expiration of any similar
policy then expiring. All policies shall provide that the same cannot be
cancelled by Tenant without the written consent of Landlord first obtained.
Tenant shall neither knowingly do nor suffer anything to be done whereby any
of the insurance required by the provisions thereof shall or may be invalidated
in whole or in part. Tenant agrees not to maintain any insurance policies
required by the provisions thereof which do not include Landlord as its
interests may appear. All Insurance policies required under the provisions
thereof shall be valid and enforceable poltctes and shall be written in companies
licensed to write insurance in the State of Idaho.
LEASE AND OPTION TO PURCHASE, p. 6
ARTICLE IX
DAMAGE OR DESTRUCTION OF PREMISES
Anything herein to the contrary notwithstanding, in the event that
the premises or any improvement at any time upon the premises is destroyed by
catastrophe, including war, insurrection or earthquake, then, and in such
event, Tenant shall not be required to rebuild the premises nor restore the
same to its previous condition, but such destruction shah not relieve Tenant
from its obligation to pay rent hereunder. However, Tenant may, at its option,
rebuild the same. If the premises or any improvement at any time upon the
premises shall be otherwise damaged or destroyed, and as often as the same
shah occur, Tenant shah promptly notify Landlord thereof, and the same shah
be promptly replaced, repaired and rebuilt by Tenant at its own cost and
expense, In such manner as to restore the improvement as near as reasonably
possible to the condition prior to such damage and without any outlay
whatsoever from Landlord. Any insurance money, If available, shah be used in
connection with such restoration.
ARTICLE X
FIRE INSURANCE
In 'the event that the premises or any part thereof are made
untenantable as a result of any fire or other damage or destruction to tile
premises, the provisions of this lease shall be unaffected, and Tenant shah
remain and eonttnue liable for the payment of the fixed rent and additional rent
and all other charges by Tenant payable under any of the provisions hereof as
though no damage had occurred to the premises, except that fixed rent and
additional rent shall abate only to the extent o£ the proceeds of rent insurance,
If any, furnished by Tenant and received by Landlord.
ARTICLE XI
CANCELLATION
Tenant shall have the right to cancel this lease at any time during the
term hereof so long as it has not committed a default under tile lease and that
such notice in writing is given at least 180 days prior to the end of any calendar
~ear during the term of the lease. In the event of canceUat~on, ~'enant sha~U be
entitled to no refund of advance rental payments, and the escrowholder silall
return to Landlord aU documents deposited in escrow. It is specifically agreed
that a cancellation of this lease, except pursuant to tire procedure set forth in
this paragraph for a permitted cancellat, ion, will result in consequential damages
to Landlord which may ultimately be dif£1cult to assess with particularity, and
therefore, the parties agree that Landlord shah be entitled to liquidated
damages equal to the amount of damages actually proven, or $12,500.00,
whichever is greater. The liquidated damage assessment shah be in addition to,
and not as an alternutive to or an election o£ remedies which are available under
'the next succeeding article.
ARTICLE XII
DEFAULT
If at any time the net rent or additional rent reserved herein shah
become in arrears and be unpaid for a period of ten (10) days after written
demand for the payment thereof, or If Tenant shah default In the performance of
any of the other terms, covenants and provisions of this lease on its part to be
performed within thirty (30) days after written demand for the performance
thereof, or if the demised premises become vacant or deserted while no rent Is
being paid, then and In such event, Landlord shah have the right to terminate
this lease and the term hereof, as well as aH of the right, title and interest of
Tenant hereunder, by giving Tenant not less than twenty (20) days notice In
writing of such Intention and upon the expiration of the time fixed in such latter
notice (If such default shall not have been cured) this lease and the term
hereof, as well as all the right, title and interest of Tenant hereunder, shall
wholly .terminate in the same manner and with the same force and ef£eet (except
as to Tenant's liability) as i£ the date fixed by such latter notice were the
LEASE AND OPTT(~M TO PTT]]CHASE. p. 7
expiration of t~e term herein originally granted, and Landlord may enter into or
repossess said premises, either by force or summary proceedings, or otherwise,
and Tenant hereby expressly waives service of notice of Intention to re-enter or
to institute legal proceedings to that end.
In the event of a cancellation or termination hereof by either the
issuance of a dispossessory warrant or the service of a notice of termination as
heretnabove provided, or otherwise, Tenant shaH, nevertheless, remain and
continue liable to Landlord in a sum equal to aU fixed net rent and all additional
rent and charges for the balance of the term; and Landlord may re-enter said
premises, using such force for that purpose as may be necessary without being
liable to any prosecution for said re-entry or for the use of such force, and
Landlord may repair or alter said Premises in such manner as to Landlord may
~seem necessary or advisable, and/or let or relet said premises or any or all
parts thereof for the whole or any part of the remainder of the original term
hereof or for a longer or shorter period, In Landlord's name or otherwise, and,
out of any rent so collected or received, Landlord shall first pay to themselves
the expense and cost of retaking, repossessing, repa~iring and/or altering the
same premises and the expenses of remo~-ing all persons and property
therefrom, second, pay to themselves any cost or expense sustained in securing
any new tenant or tenants, and third, pay t~ themselves any balance remaining,
and apply the whole thereof or so much thereof as may be required toward
payment of the liability of Tenant to Landlord, for the sum equal to the rents
reserved herein and then unpaid by Tenant for the remainder of the term. Any
entry or re-entry by Landlord, whether had or taken under summary
proceedings or otherwise, shall not absolve or discharge Tenant from liability
hereunder. The words "re-enter" and "re-entry" as used in this lease are not
restricted to their technical legal meaning. The failure of Landlord to relet the
premises or any part or parts thereof shall not release or affect Tenant's
liability for damages or otherwise, however, either Landlord or Tenant shall and
may seek to relet said premises to mitigate the damages of Tenant.
Should any rent so collected by Landlord after the payments aforesaid
be Insufficient fully to pay to Landlord a sum equal to ail net rent and additional
rent and other charges herein reserved, the balance or deficiency shall be paid
by Tenant following receipt of notice from Landlord of such balance or
deficiency, that Is, upon each of the rent days above specified, Tenant shall
pay to Landlord the amount of said deficiency then existing, and shall remain
liable for any portion thereof not so paid; and the right of Landlord to recover
from Tenant the amount of such deficiency, or a sum equal to the amount of aU
net rent and additional rent and other charges herein reserved if there shall be
no reletting by Landlord, shall survive the Issuance of any dispossessory
warrant or other termination of the term hereof.
Suit or suits for the recovery of any such deficiency or damages, or
for a sum equal to any Installment or instaLtments of net rent or additional rent
or charges payable hereunder, may be brought by Landlord from time to time at
Landlord's election and nothing herein contained shall be deemed to require
Landlord to await the date whereon this lease, or the term hereof, would have
expired by limitation had there been no such default by Tenant or no such
termination.
Tenant hereby expressly waives any and all rights o£ redemption
granted by or under any present or future laws in tile event of Tenant being
evicted or dispossessed for any cause, or In the event of Landlord obtaining
possession of demised premises, by reason of the violation of Tenant of any of
the covenants and conditions of this lease, or otherwise, except as provided In
Article XXII, paragraph B.
ARTICLE XIII
REPRESENTATIONS
Tenant acknowledges that Landlord has made no representations that
the demised premises are, or wLU be suitable for use by Tenant or suitable for
any use or purpose whatever.
LEASE AND OPTION TO PURCHASE, p. 8
AI{TICLE XIV
ALTERATIONS
Tenant shah have the right at any thne and from time to time during .
the term of this lease to make, at its sole cost and expense, such changes and
alterations, structural or otherwise, in or of the buildings on the demised
premises and the building equipment as Tenant shah deem necessary or
desirable, including, without limiting the generality of the foregoing, the right
to increase the height of the building or any buildings on the demised premises
and to erect any structure or structures on the demised premises. AH such
changes and alterations (herein coHectlvely referred to as "changes and
a/terations" or "changes or alterations") shall be made in all cases subject to the
follow-lng conclltions which Tenant covenants and aKrees to observe and perform:
A. No change or alteration shall be undertaken until Tenant shah
have procured and paid for, so far as the same may be required from time to
time, all municipal and other governmental permits and authorizations of the
vartous municipal departments and government subdivisions having Jurisdiction,
and Landlord agrees to Join in the application for such permits or authorizations
whenever such action is necessary;
B. Any single structural change or alteration involving an estimated
cost of more than $25,000.00 shah be conducted under the supervision of an
architect or engineer selected by Tenant, and no such single structural change
or alteration shah be undertaken until twenty (20) days after there shah have
been filed with Landlord detailed plans and specifications and cost estimates
therefor, prepared and approved in writing by such architect or engineer;
C. Any change or alteration, when completed, shall be of such a
character as not adversely to affect the value of the demised premises or reduce
the gross square foot area of the buildings on the demised premises or impair
the structural soundness thereof;
D. All work done in connection with any change or alteration shah
be done with reasonable promptness in a good and workmanlike manner and in
compliance with the applicable municipal building and zoning laws and with aH
other laws, ordinances, orders, rules, regulations and requirements of aH
federal, state and municipal governments and the appropriate departments,
commissions, boards and officers thereof, and in accordance with the orders,
rules and regulations of the Board of Fire Underwriters or any other body
hereafter constituted exercising similar functions; the cost of any such change
or alteration shah be paid in cash or its equivalent, so that the demised
premises shah at aH times be free of liens for labor and materials supplied or
claimed to have been supplied to the d~mlsed premises; the work of any change
or alteration shah be prosecuted with reasonable dispatch, unavoidable delays
excepted; workmen's compensation Insurance covering aH persons employed In
connection with the work and with respect to whom death or bodily injury claims
.could be asserted against Landlord, Tenant or the demised premises; general
liability insurance for the mutual benefit of Tenant and Landlord of not less
than $1,000,000 single-limit coverage for bodily injury and property damage
liability shah be maintained without cost or expense to Landlord at aH times
when any work is in process in connection with any change or alteration. AH
such insurance shah be in a company or companies of recognized responsibility,
and all such policies or certificates therefor issued by the respective Insurers
bearing notations evidencing the payment of premiums or accompanied by other
evidence satisfactory to the Landlord of such payment shah be delivered to
Landlord;
E. Such changes or alterations shah be and become a permanent
part of the premises.
F. Notwithstanding anything to the contrary contained herein, if
the total cost of any proposed alteration exceeds $5,000.00,. Tenant must first
obtain Landlord's consent before proceeding on the alteration, which consent
must be given If the alteration does not adversely affect the utility, function or
value of the premises.
T,EARF. A]qih mp'rTmW mm PTT~CHASE, p. 9
ARTICLE XV
LICENSES, PERMITS, ETC,:
Tenant agrees at Its own cost and expense to procure and maintain
any and aH necessary permits, licenses or other authorizations required for the
use of the demised premises and for the lawful and proper Installation and
maintenance upon the demised premises of wires, pipe, conduits, tubes and
other equipment and appliances for the use In supplying any service to the
demised premises.
ARTICLE XVI
COVENANTS AND CONDITIONS
All of the provisions of this lease shah be deemed and construed to be
"conditions" as well as "covenants" as though the word specifically expressing
or importing covenants and conditions be used In each separate provision
hereof.
ARTICLE XV~I
DEFINITIONS
The respective words "Landlord" and "Tenant", shah Include the
original Landlord and Tenant herein named arid their respective successors,
legal representatives or assigns, and the covenants and provisions herein
contained shall run with this lease and be binding upon and inure to the benefit
of not only such original Landlord and Tenant, but also their respective
successors, legal representatives or assigns; and unless shown otherwise by the
context, any provision .respecting such original Landlord and Tenant shah be
de~med specl£ically to include such successors, legal representatives or assigns.
ARTICLE XVIII
MODIFICATION
This lease contains aH the terms and agreements betweeu the parties
and may not in any respect be modified or terminated except by written
instrument signed and delivered by both parties.
ARTICLE XIX
NOTICES
All notlces required to be given hereunder shall be given in writing
and sent by United States certified mall, addressed as follows:
To Landlord: W.O.J. and Jeanette M. Seetln
P.O. Box 964
McCall, ID 83638
To Tenant:
The City of McCall
P.O. Box 1065
McCall, ID 83638
Attention: City Clerk
Either party may change the address to which notices shall be sent
hereunder by written notice of such address sent to the other party hereto in
accordance with the provisions of this Article. Any time required hereunder for
any notice to be given hereunder shall be reckoned from ti~e actual mailing of
such notice and such reckoning shall not depend In anywise upon whether or
not such notice has been received, but. the sender of such notice may require
the usual certified return receipt.
LEASE AND OPTIC~q TO) PURCHASE, p. 10
ARTICLE XX
CONDEMNATION
In the event, during the term of this lease, that Tenant exercises its
power of eminent domain to condemn all or a portion of the demised premises,
Tenant shall remain liable for the balance of the lease payments remaining to be
paid during the term of this lease, and Tenant shall not be entitled to any
participation in any condemnation award whatsoever. In such event, Tenant
further agrees that it shall not claim a credit or offset for the amounts to be
paid during the remaining term of this lease against any condemnation award
which may be granted.
In the event that the premises are acquired by the exercise of the
power of eminent domain by a governmental body unrelated to Tenant, and
further provided that Tenant shall have no direct or Indirect residual or
successor interest in the property, In the event said entire demised premises
shall be taken under any condemnation or eminent domain proceedings during
the term hereof, or any renewal term pursuant hereto, or in the event any
portion o£ said demised premises untaken or uncondemned after any such
proceeding shall not be suitable or adequatb for the uses and purposes for
which said entire demised premises then are being utilized by Tenant, then, and
in any such event, this lease and the term hereof shall terminate on the date of
vesting title or the date upon which Tenant shall be required to surrender
possession of the demised premises, or portion thereof, pursuant to the
judgement or decree In such condemnation or eminent domain proceedings,
whichever shall first occur, and Tenant shall be liable for the payment of rent
and other charges hereunder only to such date.
In the event that a portion of said demised premises shall be taken
under any condemnation or eminent domain proceedings by a governmental body
unrelated to Tenant, during the term hereof, or said term as extended pursuant
hereto, and the remaining portion of said demised premises not taken or
condemned, shall be suitable and adequate for the use and purposes for which
said entire demised premises then are being used by Tenant, then, and in any
such event, this lease shall remain in full force and effect, as to such remaining
portion, except that, from and after the date upon which Tenant shall be
required to surrender possession of the portion of said demised premises so
taken or condemned, Tenant shall be entitled to a pro rata equitable reduetlon
in the fixed annual rent to be paid hereunder (due consideration being given to
the respective rental values to the space taken and the space not taken) the
amount thereof to be agreed on by Landlord and Tenant. If Landlord and
Tenant cannot mutually agree on the amount of such reduced rent, the same
shall be determined by arbitration as herein provided.
In the event Landlord and Tenant cannot agree within ninety (90)
days after such taking as to whether the uncondemned portion of the demised
premises shall not be suitable or adequate for the uses or purposes for which
the entire demised premises then are being utilized by Tenant, said dlspu[e
'shall be settled by arbitration in accordance with the provisions hereof.
In the event o£ any such taking or condemnation of said entire
demised premises, or any portion thereof, owned by Landlord, and regardless
of whether this lease survives, the entire amount awarded for the demised
premises in any such proceeding shall belong to and be paid to the Landlord and
Tenant agrees to execute and deliver any assignment or other document
necessary to permit Landlord to recover any such award. The entire amount
awarded for any fixtures or equipment owned by Tenant in said premises, so
taken or condemned, and for damages to any fixtures or equipment owned by
Tenant in the demised premises, shall belong to and be paid to Tenant.
ARTICLE XXI
FIXTURES AND PERSONAL PROPERTY
All fixtures and articles of personal property attached or appurtenant
to, or used in connection with the buildings on the demised premises, Including
all plumbing and heating fixtures and lighting fixtures attached to ceilings and
walls, the sprinkler system, furnaces, water pipes, permanent air conditioning
LEASE AND OPTION TO PUKCHASE, p. 11
units, and appurtenances, and electric wires installed for the purpose of
lighting, and any additions thereto, shall belong to Landlord and are leased
hereby as part of the demised premises and wherever in this lease the term
"pi~mises'' or "demised premises" are used, the same shall be deemed to include
all of the foregoing items. All goods, chattels, machinery, equipment, parts,
other fixtures of various kinds and description used in connection with the
operation of the business being conducted on the premises, and all wiring and
equipment pertaining thereto, of whatever kind and nature, now or hereafter
installed or placed on the premises by the Tenant, or any user, sublessee or
occupant of the premises, shall be the sole and absolute property of said
Tenant, user, sublessee or occupant, at the expiration or other termination of
this lease Or at any time prior thereto, upon the condltion that the Tenant shall,
except in the event of the expiration of the term by reason of condemnation,
make good at Tenant's own cost and expense any and all damages caused to the
premises by any removal thereof.
ARTICLE XXII
OPTION TO PURCHASE
A. Grant of Option: At any time during the term hereof, Tenant
shall have the exclusive right and option to purchase the lease premises on any
anniversary date durtng the term of the lease, upon at least 90 days' prior
written notice, by providing to Landlord an annuity contract with a company
satisfactory to Landlord, which contract will pay to Landlord those amounts at
the times set forth in Exhibit C. Upon the furnishing of such annuity contract
and acknowledgment in writing of its receipt, the escrow shall be closed and all
documents contained therein shall be delivered to Tenant in accordance with
subparagraph D below. In the event that Tenant has not exercised its option as
of December 31, 1998, it shall be entitled to exercise the option, without the
requirement of the 90 days' prior written notice, provided that It pays the sum
of $1.00 to Landlord on or before January 1, 1999. Tenant shall not be
permitted to exercise the option, If, at the time of the giving o£ notice of
exerelse, It is in default under any of the terms of this lease.
B. Transfer of Tltle~ Escrow: CoincldentaUy with the execution
hereof, Landlord shall execute and deliver to Tenant a warranty deed conveying
the premises to Tenant, and Tenant shall have the right to immediately record
such deed with the recorder of Valley County, Idaho. At the time of the
delivery o£ the warranty deed, Tenant agrees to deliver to Landlord a deed of
trust, a copy o£ whteh Is attached hereto as Exhibit D, which deed of trust will
be recorded immediately after the warranty deed. The rights granted to
beneficiary under said deed of trust shah be in addition to all rights granted to
Landlord under Article XII hereof. The intended purpose of the deed of trust
is to provide Landlord with the legal and equitable remedy to clear title to the
premises after, or In conjunction with, the exercise of Landlord's remedies
under Article XII. Tenant waives any rights of reinstatement which may be
provided under the Idaho statutes pertaining to deeds of trust, and in return
therefor, Landlord agrees that Tenant shall have the right to exercise its option
· to purchase at any time within said 125-day curative period, provided that
purchase price shall include all net rent, additional rent, costs, attorney's fees,
interest, and late charges which Landlord is entitled to under the provisions of
this lease.
The parties further agree to appoint Mountain Title & Escrow, Inc.,
as escrowholder in connection with this option agreement. The following
documents shall be deposited with said escrowholder, to-wit:
1. Executed copy of Lease and Option tO Purchase;
2. Bargain and Sale Deed from Tenant to Landlord herein, a copy
of which is attached hereto as Exhibit E;
3. Request for l{econveyance from Beneflctary under the Deed of
Truer to Trustee;
4. Escrow instructions as required by said escrowholder.
LEASE AND OPTION TO PUl{CHASE, p. 12
All payments of rent as herein provided shah be paid by Tenant
directly to said escrowholder for the benefit of Landlord. Payment to said
escrowholder at the time and in the manner herein provided shall be deemed
payment to Landlord.
C. Default: In the event of default by Tenant in the performance
of any of the covenants and agreements herein contained, including payment of
rent as herein provided, escrowholder shah deliver, pursuant to the terms of
thls agreement, 'all of such documents to. Landlord, and ali rights of Tenant
under this agreement, including the option, shah terminate and be at an end.
D. Release of Escrow' Documents: Upon full payment of rent as
herein provided, together with payment of the option consideration herein
provided, the said escrowholder is hereby authorized and directed to deliver to
Tenant all documents deposlted in escrow herewith.
The parties hereto do hereby agree to execute such escrow agreement
or agreements that may now or hereinafter be required by escrowholder. All
costs of closing, including title insurance, recordation costs, and all escrow
fees which may be incurred with respect to Mountain Title & Escrow Company
escrow shall be paid equally by the parties hereto.
IN WITNESS WHEREOF, this Lease and Option to Purchase has been
duly executed pursuant to resolution of the City Council of The City of McCall,
and has been duly executed by the respective parties hereto, effective the first
day of January, 1987.
LANDLORD:
W. O. J. SEETIN
JEANETTE M. SEETIN
TENANT:
THE CITY OF McCALL
By:
Title:
STATE OF IDAHO )
SS.
County of Valley )
On this day of , 1986, before me, the
undersigned Notary Public In and for sald State, personally appeared W. O. J.
SEETIN and JEANETTE M. SEETIN, husband and wife, known to me to be the
persons whose names are subscribed to the within and foregoing instrument,
and acknowledged to me that they 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 herelnabove written.
NOTARY PUBLIC, State o£ Idaho
Residing at McCall, Idaho
LEASE AND OPTION TO PUP, CHASE, p. 13
STATE OF IDAHO )
County of Valley )
On this day of ., 1986, before me, the
undersigned Notar~ Public in and for said State, personally appeared
known or identified to me to be the
of THE CI'~Y OF McCALL, a municipal corporation of the State
of Idaho, or the person who stibseribed said municipal eorporationts name, and
aeknowleclged to me that THE CITY OF McCALL executed the same.
IN htITNESS h/HEP. EOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
NOTARY PUBLIC, State o£ Idaho
Residing at McCall, Idaho
LEASE AND OPTION TO PURCHASE, p. 14
EXHIBIT A
~ ~ bo~/ of ~k SC=ee~,.~ ~.So~hwesterl7 ~rec~on, appro~cely 82
~enca ~o~ 89'28~ ~c, 141.8. feec ~ a po~C~
~enca ~o~h 89'28~ ~C, 176 ~eeC Co
~nce North 2~0 feec Co C~ ~AT. ~ OF B~:
~anca'couc~e No~h, ~0 feec Co
~nce ~c 90 feec Co a
~c~ Na~h ~40 feec Co a
~ence Souch 89'~7~ Vest, ~59.5 ~eac ~ a parc;
~ance No~ 28'52~ Vest, 56.7 feec ~ a po~c;
~nce South 61'08v ~esc, ~05 feec co a po~c;
~nce Na~h 89'17~ ~c, 6Z feec Co a
~8 Souch 360 faec co & po~c~ ...
~ence ~a~ 8g'28~ ~sc, ~10 feec co
BeE4nn4-E ac ~e ~ ~er of ~O~SON~OO~
Ch~ No~h 100.8 feec co a pa~c;-~=a ~esc 600.79 feac ~anc ~o~n Aven~
of s~ sub~ton, ~ch parc
~e=~ S~ 180 faec Co a po~c;
~ence Fma= 90 fee~ to a po~;
~nce No~ 180 ~ae~ ~ a
~enca ~esc ~0 fee= =o the Po~ of
aka 'r. AZ ~I08 ~
parcel of 1--4 situated /~ the h~¼b~¼ of Section 9, To~p 18
.No~h, ~ge 3 ~c of the Boise ~rtd~,, Va~ey Co~, Z~ho, berg
~ca pa~cu~rly desc~bed as ~o~:
3CraeC; ~ce ~ a No~e~cerl~ ~rec~on ~ong Park Street, a ~st~ce
82 feec co the Re~'Po~= o~ Berg;
~ence ~sc ~3 feec co a'pa~ '.. ' '
~ce No~ 90 feeC Co a
~ance Vest 62 feec Co ~e ~=ecsec=~on. ~ ga=k
~ence Souc~escerl~ ~on~ Pnrk Screec ~g& feec ~o ~e P~ce of Bec~-~.
EXHIBIT A
~,~; '~ '~o6' ~;~;"- ~- ~ ....~ .:,,..:' ' · '
~uce ~h 270 feet;
~e ~K bo~/ of ~k S=ra~K~ a..~a~h~esce=17
'~ .) ~.' .'
~ence No~h 30'~' ;ese, ~7 fee; ;o a
~anca No~h 89'28' ~C. ~76 feeC co a ~=;
~ce'~u~s No~h, 90 faa~ ~o · po~;
~nce ~ 90 fsec co a po~c;
~ce Ho~h 2~0 feec co a po~;
~auce ~o~ 2~*~2' Vest, ~6.7 ~aaU
~a Sou~ 360 ~aec Co a po~; ...
~ence No~h Co the ~ Po~c of ~g; SA~ ~ ~~ ~~ ~ YO~O~G:
Beg~--4-~ ac ~e ~ ~er of ~SON~O~ ~D~I~ of ~e ~Cy of ~c~;
C~ No~h 200.8 fe~c co a po~c; ~ ~esc 600.79 feeC ~on& ~o~n Aven~
of s~ ~b~ton. ~ch po~c ~
~eu~ S~ 180 faec Co a po~c;
~ncs No~ 180 fae~ ~ a po~=;
~euce ~esC 90 feec Co Cbs ~o~c of
aka T. AI ~I08 ~
parcel cE !~d situated in the b'~¼SE¼ oE Sec:~ou 9, To~p 18
~uca No~ Z1'57' ~c, 451.03 feec Co
SCraeC; ~ence ~ a No~e~ce:17 ~:ec~on ~oug Park SCreec, a ~sc~ce
o~ 82 faec CO :he ~ Po~c O~
~ca No~ 90 ~eeC Co a po~c;
~ca ~esc 62 ~ae: Co ~ ~CacsecCion.
~ence Souc~escerl7 ~ong P=r~ S~ee: ~94 feec :o ~e P~ce of Beg~g.
Order ~o.
THIS DEED OF TRUST, Made this day of , 19 ,
BETWEEN THE CITY OF McCALL, a municipal
corporation of the State of Idaho herein called GRANTOR,
whose address is P.0. Box 1065, McCall, ID 83638,
MOUNTAIN TITLE COMPANY, INC.; herein called TRUSTEE, and
~/. 0. J. SEETIN and JEANETTE M. SEETIN, husband and wife , herein called BENEFICIARY,
WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE
IN TRUST; WITH POWER OF
all of Grantor's right, title and interest in and to that property in the County
of Valley, State of Idaho, more particularly described on Exhibit A attached
hereto and made a part hereof by this reference, and containing not more than
twenty acres.
THIS DEED OF TRUST IS GIVEN TO SECURE THE PERFORMANCE BY GRANTOR OF ITS
OBLIGATIONS UNDER AND BY VIRTUE OF THAT CERTAIN AGREEMENT BETWEEN THE
GRANTOR AND BENEFICIARY DATED JANUARY 1, 1987.
TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given
to and conferred upon Beneficiary to collect and apply such rents, issues and profits,
~a~~ x~xxxxxxxxxxx~
due ~o
Frnm
=r~,~;;~ent o, ,11 such further sums as may hereafter b~~'~ the Beneficiary herei~'s Grantor
herein; or any or either et them, while record owner of present interest, for any purpose, and of any notes, drafts or other instru-
mints representing such further loans, advances or expenditures together with interest on all such sums at th~ rate therein
"provided. Provided, however, that the making of such further loans, advances or expenditures shall be optional with the Bens-
ficiar~, and Erovided, further, that it is the express intention et the parties to this Deed of Trust that it shall stand as continuing
security until paid for all such advances together with interest thereon.
A. To ~roteet lh~ security of this D~ed of Trust, Grantor agrees: ·
1. To keep saidproperty in good condition and repair not to remove or demolish any building thereon; to complete or restore
promptly and in goodand workman ike manner any buildingwh ch may be constructed, damaged or destroyed thereon and to pay
when dui l[[ claims for labor performed and mater als furnished therefori to comely with all laws affecting said property or requir-
ing an~ alterations or improvements to be made thereonl not to commit or permit waste thereof; not to commit suffer or permit
any act upon said prope~y In violation of lawl to cultivate, irrigate, fe~ilize lumigute prune and do all other acts which from the
character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general.
2. To provide, maintain and deliver to Beneflcia~ firs Insuranc~ satisfactory to and with loss payable to Beneficiary. The
amount collected under any ire or other insuranc~ policy may 'b~ appllsd by Beneficiary upon any indebtedness secured hereby and
in such order as Benefic ary may determine, or at opt on el B~neflciary tbs entire amount so collected or any part thereof may be
released to Grantor Such application c~ release shall not cure or waive any default or notice of delau[t hereunder or invalitate
any act done pursuant to such notice.
~. To appear in and delend any action or proceeding purporting to affect the security hereo~ or the rights or powers of Bene-
ficiary or Trusts; and to~ay all costs and expanses, including cost of evidence of title and attorney's fees in a reasonable sum. in
any such action or proceeding in which Bene6ciary or Trustee may appear.
4. To pay: at least ten days before delinquency all taxes and assessments affectin~ said property, when due, all encumbrances,
charges and liens, with interest, on said propeay or any part thereof, which appear to be prior or superior hereto; ail costs, fees
and expenses of this ~ust. In addition to the payments due in accordance with the terms of the note hereby secured th~ Grantor
shall at the option, and on demand of the Beneficiary, pay each month l/Ii of the estimated annual taxes, assessments, insurance
premiums, maintsnanc~ and other charges ~pon the property, nevertheless in trust for Grunter's use and benefit and for the pay-
~nt by Beneficiary of any tuch item/ when due. Grantor's tailure so to pay shall constitute a default under this trust.
~. To pay Immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions hereof,
with interest tram date el expenditure ut eight per cent per annum.
8. Should Grantor fail to make uny payment or to do any act as herein provided, then Beneficiary or Trustee, but without
obligation so to do and without notice to or demand upon Grant? and without releasing prantor Ir~m any oblig?ion~eof~may:
mak~ or do the same in such manner and to suc~ extent as either may seem necessary re protect the security nereol, ~enencia~
or Trustee being authorized to enter upon sahl property for such purposes; appear in and defend any action or proceeding put.
porting to affect the security hereof or the rights or powers el Bene~cla~ or Truste~; pay purchase, contest et compromise uny
incumbrance, charg~ or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such
powers, or in enforcing this Deed of Trust by ludicial foreclosure, pay necessary expenses, employ counsel and pay his reasonable
fees.
B. It is mutually a~reed that:
1. Any award 0f damages in connection with any condemnation for public use of or injury to said property or any part thereof
Is h~reby ~ssi~d and shall be paid to BeneAclary who may apply or release such moneys received by him in ~he same manner
and with ~he sam~ elect as abow provided for disposition of proceeds of fire or other insurance.
2. By acceptin~ paymen~ of any sum secured hereby after I~s due date, Beneficiary does not waiv~ his right either to require
prompt payment when du~ of all other sums so secured or to declar~ default for failure so to pay.
3. A~ ant time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and
nr~sen~tlon gf this Deed and said note for endorsemsnt, and without s~ectin~ the persona/liabillty of any person for paymen~ of
~e indebtedness secured h~r~by, Truste~ may: reconvey all or an? par~ o~ said prope~y; consent to th~ ms~in~ of any map or
pl~t thereof; join In ~rsntin~ any easement thereon; or Join in any extensmn a~r~ement or any agreemen~ suoor~inatin~ the lien
or charge hereof.
4. Upon written request of Beneficiary statin~ that all sums secured hereby have been paid, and upon surrender of this Deed
and ~ald not~ ~o Trustes for cancellation and retention and upon payment of its fees, Truste~ shall reconvey, without warranty.
th~ property th~n h~ld hereunder. Tbs recitals in any raconwyanc~ ~xecuted under this deed of trust of any matters or facts
shall be conclusive proof of the truthfulness thereof. Th~ grantee in such reconveyance may be described as "the person or pers,,ns
legally entitled thereto."
6. As additional security, Gr~ptor ~ereby ~iyes to and confers ~pon, Beneficiary the right, power and authority, durin~ the
continuance of thes~ Trusts to collec~ th~ rents, issues and profits oz saio property, rese~in~ unto Grantor the right, prior to an~
d~fault by Granto~ in payment of any i~debtedness secured hereby or in performance of any agreement hereunder, to collect and
rstain such r~nts, Issues and profits as they become du~ and payabl6. Upon any such default, Beneficiary may aZ any time without
no~l~l, ~i~l~ IR plrs~n, b~ s~snt, ~r b? a rsc~lv~r to bp sppolnt~ by ~ court, and without r~ard to tbs adequacy of any s~curity
or otherwise COlliCC luc~ ren~s, tosses asa profits, IflCluom~ ~Rose p~s~ due n~fl unpaid, and apply the same, less costs and expenses
of operntion and collection, includin~ reasonable ~torney's tees, upon any indebtedness secured hereby, tad in such order us Bene-
ficiary may determine. ~e enterin~ upon and taklnr possession of said prope~y, the collection of such rents, issues and profits and
the tpptication thereof as aforesaid, shill not cure or waive any default or notice of default hereunder or invalidate any act done
pursuant to such notice.
'RE-I
~. ' Upon default by Grantor in payment of any indebtedness eecured hereby or in performance of any agreement hereundert all
sume secured hereby shall immediately become due and payable at the option of the Beneficiary. In the event of default, Beneficiary
shell e~ecute or cause the Trustee to execute a ~en notice of euch default and of his election to reuse to be eold ~e herein de-
scribed prope~F to eettsfy ~e obligations hereof, a~ ehall cause such notice ~ be r~orded in the o~ce of the recorder of eech
sa~d reel ro e~y or eome pa~ ~ereof Is ~i~ated.
count~ wherein ,' . , P ~P .... ~- '--- -~ ~ ~ ~n the time then required by law ha~n~ elepsed,
o ~ale ~vln oeen ~ven as cnen requ~ea ~y ~w, ............... ,
Notice f ~ ............. ~-" .... ~ ~[ace ~ed by it in said notice o~ sa~e, el~er as a
~thout demand on ~rancor, S~al/setl said prope~ a~ ~.e .~= -,,~ ~ ~
T~s~e, ' ...... . .... ~-- at ~ublic auction ~ the highest bidder for cash ~ la~ul money
~h~e ..... ~- - P ..... ~--- ~. --~ ~,-~- shall deliver to the e~ch~ser [~ deed conveyln~ t~e.p~ope~,so,sol~, Du~
~thout an covenant or wa~an~ express or i~pllea. ~e ~e~ .~ =u~.. ~.~ ~- - .
t~t~ulness thereof Any person includinK Grantor, ~s~e, or Beneficial, may purchase at such eale.
of ~ ........ ~ ' ........ ~ [~-enses of T~stee and ~ this T~s~ lncludinK cost of e~dence of ~it~e a~d r~s~nable
if any, 'to the person o~' persons leEally entttild thereto.
7. This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, leKatees, devisees, administrator,
executors. ,uccesso. and .ssi.s. ~, te~ Beneflcia~ shall ~?an th~ h?lder and.o~e~ of the n~e .~V~_~[~.o2~/~,~:
h~ been pledged the pledgee thereof. In this Deed, whenever ~ne con~ex~ so requires. ~ne mascunne ge.~r , ~ ~--
and/or neuter, and the stellar number includes the plural.
8. T~stee Js not obligated to notify any pa~y hereto of pending sal~ under any other Deed of T~st or of any action or pro-
ceeding tn which Grantor, Beneflcin~ or T~stee shall be a pa~y unle~ brought by Trustee.
9, In the event of dissolution or resl~ation of the T~stee, the Beneflcla~ may substitute a t~stee or ~stees to execute the
~ust hereby crea~d, and when any such substitution has been filed for record In the o~ce of the Recorder of the coun~ in wMch
the prope~ herein d~cribed is situated, It shall be conclusive evidence of the appointment of such t~stee or ~stees, and such
new ~stee or ~stees shall succeed to all of the powers andfiu~es o~ the t~stee or ~stees named herein.
~equ~t ts hereby made that a copy of any Notice of Delaul~ ann a cop~ of any Notice of Sale hereunder be mailed to the
Grantor at h~s address hereinbefore set fo~h.
STATE OF IDAHO, COUNTY OF VALLEY
On th{s day of , 19 ,
before me, · Notary Public in and for said State, personally
appeared
known or identified to me to be the
of THE CITY OF McCALL,
an Idaho municipal corporation, or
known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to
me that THE CITY OF McCALL executed the same.
Residing at lqcCa l 1 Idaho.
STATE OF IDAHO, COUNTY OF
I HERESY CERTIFY That this instrument was flle~ for record at
the request of
at minutes past
this day of
19 , in my office, and duly recorded in Book
of Mortgages at page
Mail to:
o'clock M.,
Delete~
0 ~
THE PROMISSORY NOTE OR NOTES, AND ANY EVIDENCES OF FURTHER AND/OR
ADDITIONAL ADVANCES MUST BE PRESENTED WITH THIS REQUEST
Idaho, , 19
To , Trustee:
You are hereby authorized and requested to execute a reconveyance hereunder and deliver same to
The undersigned hereby certifies that
the owner and holder of the debt mentioned in said deed of trust and that the same has never been assigned or transferred.
Address
2§O--BARGAIN AND SALE DEED
Pr~nt~ ~n~ for ~al~ by Syn~-York Comp~n),, B~. Icl~he
YH~ INDENTURE, Made the day of , in the year of
our Lord one thousand nine hundred and between
THE CITY OF McCALL, an Idaho municipal corporation, thepartY ofthe first part and
W. O. J. SEETIN and JEANETTE M. SEETIN, husband and wife, theparties ofthesecondpart,
Wi~Ess~-'r~, That the said part ¥ of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION,
lawful money ofthe United States of America, to it in hand paid by the said part
of the second part, the receipt whereof is hereby acknowledged, ha s granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell and convey unto the said parties of the second part, and to
heirs and assigns, forever, all that certain
piece or parcel of land situate, lying and being
in the County of Valle¥ and State of Idaho, particularly described as follows,
to. wit:
SEE EXHIBIT A ATTACHED HERETO AND btADE A FART HEREOF BY THIS REFERENCE,
AS IF SET FORTH IN FULL HEREIN;
their
together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any-
wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits there.
of; and also all the estate, right, title, interest property, possession,
claim and demand whatsoever, as well in law as in equity, ofthe said part Y ofthe first part, of, in or to the
said premises, and every part and parcel thereof, with the appurtenances.
%
To HAvr. ^NO?O HOLD. All and singular the said premises, together with the appurtenances, unto the said
part les of the second part and to their
IN W)TN~SS WH~-aEor. The said part y ofthe first part has
and seal the day and yea r first above written
SIGNED, SEALED AND DEUX'El{ED IN PRESENCE OF '~
STATE OF IDAHO,
County of VALLEY J'
SS.
On this day of
sai~i State, personally appeared
heirs and assigns forever.
hereunto set its
hand
THE CITY OF McCALL (Seal)
By: ~Seal)
£IHIBIT
[}0 I~ EXECIJTE
, in the year 19 , before me
, Notary Public in and for
known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same. for and on behatf of THE CITY OF I~CALL.
IN W)~ESs WHza£or, I have hereunto set my hand and affixed my official seal, the day and year in this
certificate first above written.
Notary Public for the State of Idaho,
Residing at , Idaho.
STATE OF IDAHO, ]
· , ~ ss.
County
of
I hereby certify that this instrument was filed for record at request of
at minutes past o'clock M., this
, A.D. 19 in my office, and duly recorded in Book
at page
day of
of
Fees, $ '-
By
Ex-Officio Recorder.
Deputy.
E~IIBIT C
January 1,
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
$ 27S,000.00
2S0,000.00
225,000.00
200,000.00
175,000.00
150,000.00
12S,000.00
100,000.00
75,000.00
50,000.00
2S,000.00
I mycrs q-itle
Na(ional Headquarters
Richmond, Virglma
1. Elfective Oate
( rporalion
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
I986 ~C 9=00 A_~.
Case
2. Policy or policies to be issued:
lei
[] ALTA Owner's Policy--Form 8-1970 (Rev. 10-17-70 & Rev. 10-17-84)
I-"1 ALTA Residential ~tle Insurance Policy--19?9
Proposed insured:
CIt7 o3~ L~cCa_L1.
(b) ALTA L~sn J3olicy, 1970 (Rev. I0-I?.?0 & Rev. 10-I'7.84I
Proposed insured:
Amount S
Proposed insured: ·
3. Title ~o the ~ee ~e ~ ~ ' es~a~e or imeres~ in the land
described or referred m in this Comm~n~ ~ a~ th~ ereofves~ed in:
t. The lend referred to in Ibis Commitment is described as follows:
See pag~
Countersigned at
· -" . ..... "/.;' ......
Authorized Officer of Agent
03S- ~.~/4 EXTRA COPY
Commitment No. BE 133901
Schedule A--Page 1
This commitmen( is invalid unless
(he Insuring Provisions and Sched-
ulee A and 8 are attached.
Richmond, V[rginla
SCHEDULE B--Section 1
Requirements
The following are the requirements to be compl~ed with:
Item(el Payment to or for the account of the grantors or mortgagors of the full consideration for the estate ormterest
to be insured.
Item (bi Proper instrument[s) creetmg the es[ate or interest to be insured must be executed and duly liled for record.
· tO-Wit:
I. '~a~-=a~c7 Deed gzo=a Jack ~eeclu and Jeane:Ce -~. Seegi~, Husband and
This comr~ment is invalid unless
the Insuring Provisions and Sched.
ules A sn~=B'~IY1t'attached.
Form Ne. g1.88
03S- 1-0a8-0001/4
Schedule B-Section 1.Page 1 .Commitment No.., BE 10390[
EXTRA COPY
L myers
"[hle Insurance ( rporation
NATIONAL HEADQUARTERS
fllCHMONO, VIRGINIA
SCHEDULE ~ cont'd.
parcel of land si=uaCed in =he b'~¼SE} of Section 9, To~nship 18
.No==h, ~ge 3 ~= of ~he Boise Herid~, Va~ey Co~, I~ho, berg
~ra par~icuhrly described aa ~o~:
~e~=a Notch [1'57~ ~=~ 451.03 fee= =o =ha ~=ersec=ion of ~k
S=rae=~ ~ence ~ a Nor=heasCerl7 ~rec~on alou~ Park Screec~ a ~sc~ce
~euce ~st ~3 feec =o a' pain=;
~ence No~h 90 feec =o a po~c;
~ence ~esC 62 ieec ~o ~e ~=ersec~io~. ~h Park
~ence Sou=~escerly ~o~ P=rk SCraec ~9i ieec Co the Place of
a~ T= ~03
035.0-999-0000/1
Schedule ~ Page ~ No. BE 133901
H0~,IE 0FF!C.". COPY
I. u ers qqtle Insurance (3rporation
NATIONAL HEADO. UARTERS
RICHMOND, VIRGINIA
SCHEDULE ~ cont'd.
A parcel of ~d situated in the h~¼~E:~ of Section 9, Township 18
.North, ~ge 3 ~t of the Boise Merid~, Va~ey Co~, I~ho, berg
~re Par~icu~rly described as ~o~:
~nc~g a~ ~ha SW ~er of ~ ~SE~;
~enca North [1'57' ~, 451.03 fee~ ~o ~he ~tarsec~ion of P~k
Saree=; ~ence ~ a Nor=heascerly ~rec~ou along Park S=reec, a ~s=~ca
of 82 fee= co Che Ee~ Po~ of Be~n-~ng;
~euce ~sc ~3 feec ~o a' poin=;
~enca Nor=h 90 feec ~o a po~c;
~euce WesC 62 feec ~o ~e ~=ersec=iou.~th Park Steer;
~euca Sou=~escerly ~oug Park Straec 194 feec to the Place of Beg4~ng.
a~ T= ~103
l uJyers
iitle--Insurance rporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDUL~ ¢onth'l.
~m parcels of 1=nd situated in the N~S~ of Section 9, T~p 18 No~h, ~ge
3 ~sC o~ ~e Bo~e ~d~, V~ey ~, Idaho, berg ~e par~y described
as ~o~ows:
Beg~-~3 ac the ~ ~er of the ~r~ Tie ~d L~er ~y Tract; ~ence ~o~
the F,v~ bo~ of said =rac=, ~.b~rs S~ 30'45' ~c, a ~s~ce of appro~m-ce
~enca ~esc, appr~i~acely 233 feec go ~e ~ line 'of Park SCreen; ~ence ~ong
=he ~eC bo~/ of ~k SCree~,.~ a..~ou~hwes=erl/ ~rec=ion, appror~cely 82
Startle ac ~a ~ ~mer of tha s~d ~iSEil .
~anca No~h 89'28~ ~C, 2~1.8 fea~
~ene~ North 30'~5' gaat, 57 ieee to a po~t; .-.
~enca North 89'28' ~t, 176 feet to a
~ace North 260 lae~ to the ~F~. ~ OF
~ence con~ue North, 90 feet ~o a po~
~ence ~st 90 feet ~o a po~t;
~ce No~h 2~0 feec co a
~ence South 89'~7' ~esC, [59.5 fee= ~o a po~C;
~euce Notch 28'52' ~esC, 56.7 feec
~euce South 6~'08~ ~esC, 105 feeC =o a po~;
~a Sou=h 360 [ce= ~o a po~u;
~ence North 8ge28' ~s~, [10 feec ~o
~ence North =o =he ~eal Po~= of Beg~n~; SA~ ~ ~C~G ~~ ~ FO~O~G:
=hence North 200.8 fee= co a pa~=; ~=e ~esc 600.79 fee= alou~ ~o~son Aven~
of s~d Subdiv~ton, ~ch point is ~e ~FIL FO~ OF BEGL~N~G; ..
'~eu~ S~ch ~80 feec ~o a
~ence ~s= 90 fee= =o a po~=;
~nce No~h [80 fee= ~ a po~c~
aka ?aY ~108 i
Schedule A Page ] No.
HOME OFFICE COPY
Re:
] u yers lle ln ur nce ( rporetion
National Headquarters
Richmond. Virginia
NUMBER BE [3390t
No.
The Commitment or Binder in the above mat/er is hereby amended In the following respects:
o, ~e ~a on s~d ~5~n: ~a herub7 ~nddd ~O Oc~obu~ ~,
The to~l liability of the Comoan~ under mid commitment or binder and under this and any vrior endorsemenU
~ereto ~all not exceed, in ~e aggregate, the amount of Iiabiliw stated on ~e face of said commitment or binder
~ the ~me may be so~ificatl~ amended in dollar amoun~ by this or any prior endorsemenu, and the costs which the
~moany ia obligated to Day under the Conditions and Sti~ulafions of the oolicy commi~ed for by ~id commitment
~ binder.
This endorsement is made a part of said commitment or binder and is subject to the schedules, terms. Conditions and
Stipulations therein and in the policy commit/ed for. except as modified by the provisions hereof.
Nothing herein contained shall be construed as extending or changing the effective date of the aforesaid commitment
or binder unless othemNiSe expressly stated.
IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed and sealed as of the
8r.h day of Oct. ober , 19~'6 , to be valid when countersigned by an authorized officer
· or agent of the Company, all in accordance with its By-Laws.
Authorized O~cer or Agent
Form 91.11.8 ¢l~e,f. 3-73)
03So 2. ! 11 . 0000/2
t °
HO~,~,~ OFFIC." COFY
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEDULE B--Section 2
Exceptions
The policy or policies to be ~ssued will contain exceptions to the following unless the same are disposed of to
the satisfaction of lhe Company.'
I. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims o'f easements, not shown by the public records.
Discrepancies, conflicts [n boundary lines, shortage in area, ~ncroachments, and any facts which
a correct survey and inspection of the premises would dlsclo:e and which are not shown by the
public records.
4. Any tien, or right to o llen, ior services, labor' or material hf ~tofore or hereafter furnished, ira.
posed by law and not shown by the public recordI'~.,,.~
5. Defects. liens, encumbrances, adverse cJalrns/~er matter: if any, created, first appearing in
the public records or attaching subsequ(~/,o the .~ective dol~ereof bul prior to the dote Ih.
proposed insured acquires of record for%alue th~,~state or interest or mortgage thereon covered
by this Commitment. \
6. =$ fo~ [~86 ~nd su b~s~ a
N~: ~e follo~=~ ~iah~d fo~ ~=io~ p~oaes o~y, ~d the
7. ~s~nCs a~d ~s binney ~=~ for garbage ~eccion as pr~d
· ~ ~_l.~.
~eco~ed from ad C~ra E. ~,.-~, eC ~, Co 571~ ~.
Exceptions numbered none
are hereby omitted.
The Owner's Policy to be issued, if any, shall .contain the following items ;n addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule 8-Section 1, Item (b).
(2) Unpatenfed mining cloims; reservations or exceptions Jn palents or in Acls authorizing issuance
thereof; water rights, claims or title to water.
(3) Any and all unpaid taxes, assessments and unredeemed tax sales.
lie,. Schedule B--,Section 2--Page 1--No. i~E, 133901
I~orm 91-88 ~2 I~o~k¥ Mt.
03S.t-088~350~ E::TqA CC.°'' --
ASSIGNMENT AND ASSUMPTION OF EXISTING LEASES
THIS ASSIGNMENT AND ASSUMPTION OF EXISTING LEASES
(hereinafter "Assignment") is made and entered into effective the first day of
January, 1987, by and among W. O. J. SEETIN and JEANETTE M. SEETIN,
husband and wife (hereinafter "Assignor"), and THE CITY OF McCALL, a
municipal corporation of the State of Idaho (hereinafter '"Assignee").
WITNESS ETH :
WHEREAS, concurrently herewith the parties hereto have executed a
Lease and Option to Purchase for certain real property and improvements situate
in McCall, Valley County, Idaho;
NOW, THEREFORE, for value recetved and In consideration of the
mutual covenants herein contained, the parties agree as follows:
1. Assignment: Assignor by these presents does hereby grant,
convey, sell, assign, transfer and' set over unto Assignee aH of their right,
title and interest under the following leases, together with the respective tenant
deposits, if any, to-wit:
(a) U.S. Government Lease for Real Property Number
(Neg.) 57-84MB-2-0051,. dated May 1, 1982, wherein
Jack Seetin or Jeanette M. Seetin are Lessors and the
United States of America Is Lessee, covering the
premises described as follows:
3780 square feet of net usable radio, automotive, and
heavy equipment repair shop space, comprising entire
building, plus a new addition of 1500 square feet,
together with 8000 square feet of adjacent fenced
parking area and a loading dock and ramp for
unloading heavy equipment on a site located at Park
Street and old Highway 15, McCall, Valley County,
Idaho; situated In the Northwest Quarter Southeast
Quarter and Lot 3, Section 9, Township 18 North,
Range 3 East, Boise Meridian; and
ASSIGNMENT AND ASSUMPTION
OF EXISTING LEASES, p. 1
(b)
Lease Agreement dated Juno 1, 1981, wherein William
Oliver Jackson Seetin and Jeanette Marie Seetin,
husband and wife, are referred to as "Landlord," and
Cabievislon of McCall, Inc., an Idaho corporation, is
referred to as "Tenant," covering a small tract in the
northeast corner of the leased premises.
TO HAVE AND TO HOLD the same unto said Assignee, its successors and
assigns, tot and during all the rest, residue and remainder o£ the terms of said
leases and any renewals thereof which may occur, together with, all and
singular, the premises therein mentioned and described, with all appurtenances.
2. Inspection: Assignee specifically acknowledges that it has had
an opportunity to review the originals of the leases described above,
familiar with
deposits.
3.
the current status of said leases and the respective
and Is
tenant
Warranties of Assignor: Assignor hereby warrants to Assignee
that there has been no advance payment of rent under the leases set forth on
Exhibit A, except for the advance .payment of the last month's rent under each
of the same.
4. 19.eservation:
to receive free television
Cablevtsion of McCaLl, Inc.
Assignor reserves and does not transfer the right
signals as provided in the Lease Agreement with
5. Indemnification: Assignee hereby agrees to assume and hold
Assignor harmless from all of their duties, covenants and conditions to be kept
and performed hereafter by the lessor under the above-described leases, as
more particularly set forth thereln.
ASSIGNMENT AND ASSUMPTION
OF EXISTING LEASES, p. 2
IN WITNESS WHEREOF, Assignor and Assignee have executed this
Instrument the day and year first above written.
ASSIGNOI{:
ASSIGNEE:
W. O. J. SEETIN
JEANETTE M. SEETIN
THE CITY OF McCALL
By
Title
EXHIBIT
DO NOT EXECUTE
ASSIGNMENT AND ASSUMPTION
· OF EXISTING LEASES, p. 3