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Home My Public Portal About2009.07.23 Assignment of Lease Kraushaar Lot 4 oGi + ,)60)\ 1\ -#L)1" crr-- 'C' , ASSIGNMENT OF LEASE �F _ cl ,,, , -- ,.,�.. �°r! E i Li Parties: NEIGHBORHOOD HOUSING SERVICES, INC., a corporation organized and existing under the laws of Idaho,Assignor BRADLEY KRAUSHAAR,Assignee, PO Box 3134, McCall,Idaho, 83638 CITY OF MCCALL, a municipal corporation organized and existing under the laws of Idaho, Landlord Agreement, made effective as of the 23 day of July, 2009, by and between the Neighborhood Housing Services, Inc, a corporation organized and existing under the laws of Idaho, Assignor, of 1401 Shoreline Drive, Boise, Ada County, State of Idaho, herein referred to as "Neighborhood," and Bradley Kraushaar, Assignee, of PO Box 3134, McCall, Valley County, State of Idaho, herein referred to as "Kraushaar." ARTICLE I. DEFINITIONS 1.1 "Neighborhood": Means and refers to the Neighborhood Housing Services, Inc., a corporation organized and existing under the laws of Idaho, Assignor, party to this Agreement as assignor. 1.2 "City": Means and refers to the City of McCall, Idaho, a municipal corporation organized and existing under the laws of Idaho, of 216 E. Park St., McCall, Valley County, State of Idaho. 1.3 "Lease": Means and refers to that certain Amended and Restated Lease Agreement by and between the City of McCall, Idaho, a municipal corporation organized and existing under the laws of Idaho, of 216 E. Park St., McCall, Valley County, State of Idaho as Lessor and Neighborhood Housing Services, Inc., a corporation organized and existing under the laws of Idaho, Lessee, a true and correct copy of which is attached hereto marked Exhibit A and by this reference incorporated herein. 1.4 "Premises": Means and refers to those certain premises with the appurtenances, situated in, McCall, Valley County, Idaho, and more particularly described in the exhibit attached to the Restated Ground Lease as Exhibit 1, which is the subject of this Lease. 1.5 "Kraushaar": Means and refers to Bradley Kraushaar, party to this Agreement as assignee. ARTICLE II. RECITALS 2.1 "Neighborhood" has entered into the Lease for the purpose of conducting in and on such Premises community/workforce housing and for no other purpose, from the date of the Lease until on or about September 2106 ; and Assignment of Lease Page 1 of 6 Revised 7/13/2009 2.2 "Neighborhood" is willing to sell one of the community housing homes to "Kraushaar"; and 2.3 The Premises suit the needs of"Kraushaar"; and 2.4 "Neighborhood" is desirous of assigning its rights under the Lease to "Kraushaar" upon the condition that "Kraushaar" performs all the terms and conditions of the Lease in a timely manner and "City" consents to the assignment, to all of which "Kraushaar" is agreeable; and 2.5 The Lease provides that the consent of"City" is required prior to any assignment of the "Neighborhood's" interest in and to the Lease. NOW THEREFORE, in consideration of the foregoing, the parties covenant and agree as follows: ARTICLE III. COVENANTS 3.1 For the consideration set forth in Article II herein, and other good and valuable consideration, the receipt of which is acknowledged, "Neighborhood" assigns to "Kraushaar" all of"Neighborhood's" interest in the Lease for "Kraushaar" to purchase one of the community housing homes located at 1543 McCall Avenue, McCall, Valley County, ID 83638, dated the day of July 2009, which Lease was made between "Neighborhood", as lessee, and "City", as lessor, and in the rent paid by "Neighborhood" as lessee under the Amended and Restated Ground Lease, subject to all the terms, conditions, covenants, and agreements contained in such Lease, a true and correct copy of which is attached hereto marked Exhibit A. 3.2 "Kraushaar" accepts the assignment as set forth in section 3.1 herein as of the effective date of this Agreement and agrees to perform all the terms, conditions, covenants, and agreements of the Lease that are to be performed by the lessee. ARTICLE IV. GENERAL PROVISIONS 4.1 Notices: All notices required to be given to each of the parties hereto under the terms of this Agreement shall be given by depositing a copy of such notice in the United States mail, postage prepaid, and registered or certified, return receipt requested, to the respective parties hereto at the following addresses: Neighborhood Housing Services, Inc. 1401 Shoreline Drive Boise, ID 83707 Bradley Kraushaar PO Box 3134 McCall, Idaho 83638 Assignment of Lease Page 2 of 6 Revised 7/13/2009 • or to such other address as may be designated in writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 4.2 Non-Waiver: The failure of a party hereto to insist upon strict performance of observance of this Agreement shall not be a waiver of any breach of any terms or conditions of this agreement by any other party. 4.3 Conflicts of Agreement with Applicable Law: In the event any provision or section of this Agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect. 4.4 Attorneys' Fees: In the event any litigation arising under, or as a result of, this Agreement or arising from any of the acts to be performed hereunder or the alleged breach of this Agreement, except for an agreed declaratory judgment action sought to clarify the responsibility and/or authority of the parties hereunder, the prevailing party shall recover its costs and reasonable attorneys' fees. 4.5 Idaho Law: This Agreement shall be governed and interpreted by the laws of the State of Idaho. 4.6 No Assignment: No party may assign this Agreement or any interest therein without the consent of both parties and the consent of"City". 4.7 Binding Effect: The provisions and stipulations of this Agreement shall inure to the benefit of and shall be binding on the heirs, legal representatives, successors in interest, and assigns of the parties hereto. 4.8 Severability: In the event any of the provisions of this Agreement shall be deemed illegal or unenforceable, such determination shall not operate to invalidate any of the remaining provisions of this Agreement. 4.9 Headings: The bolded paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in interpreting or construing this Agreement. Assignment of Lease Page 3 of 6 Revised 7/13/2009 In witness whereof, each party to this agreement has caused it to be executed on the date indicated below. NEIGHBORHOOD HOUSING SERVICES, INC. Date: By: Connie Hogland, Chief Executive Officer BRADLEY KRAUSHAAR Date: By: CONSENT OF CITY OF McCALL: The City of McCall consents to the assignment of Lease subject to the terms and conditions of the above contained Assignment of Lease. CITY OF McCALL Date: -I/30/d1 By: /..-e-tiWe- Bert Kulesza, Mayor Attest: / *..4 / Bessie o!i agner, C y Clerk Assignment of Lease Page 4 of 6 Revised 7/13/2009 In witness whereof, each party to this agreement has caused it to be executed on the date indicated below. NEIGHBORHOOD HOUSING SERVICES, INC. Date: By Connie Hogland, Chief Executive Officer BRADLEY KRAUSHAAR Date: By CONSENT OF CITY OF McCALL: The City of McCall consents to the assignment of Lease subject to the terms and conditions of the above contained Assignment of Lease. CITY OF McCALL Date: By: Bert Kulesza, Mayor Attest: BessieJo Wagner, City Clerk Assignment of Lease Page 4 of 6 Revised 7/13/2009 STATE OF IDAHO, ) : ss: County of Ada, ) On this f day of , 2009, a Notary Public in and for said State, personally appeared Connie Hogland 1(hown or identified to me to be the Chief Executive Officer for Neighborhood Housing Services, an Idaho non-profit corporation that executed the instrument or the persons that executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) 40DRi '••., G�- Q =.V4� •• Idaho > .. t�2,• Nota ublic for ? sOTARD� % My Commission Expires: / 3• puBLtc ee'• OF .•• STATE OF IDAHO, ) : ss: County of Valley, ) On this day of , 2009, a Notary Public in and for said State, personally appeared Bradley Kraushaar, known or identified to me to be the person that executed the instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My Commission Expires: Assignment of Lease Page 5 of 6 Revised 7/13/2009 STATE OF IDAHO, ) : ss: County of Valley, ) On this • c) day of ,9,--e-- -j , 2009, a Notary Public in and for said State, personally appeared Bert Kulesza and BdsieJo Wagner, known or identified to me to be the Mayor and City Clerk of the City of McCall, respectively, the Idaho municipal corporation that executed the instrument or the persons that executed the instrument on behalf of said municipal corporation, and the persons who attested the Mayor's and Acting City Clerk's signatures to the instrument, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) ` �`c . otary Public for Idtaho - y Commission Expires: /�/ ? /-�7( e ••qu.u... Assignment of Lease Page 6 of 6 Revised 7/13/2009