HomeMy Public PortalAboutCity Shop Property LeaseLEASE AGREEMENT
I.
Parties: This Lease Agreement, made and entered into as of
this / 7- day of ` „& cee,tA iiic.-1 , 1989, by and between the City of
McCall, "Lessor", and Snake River Valley Cablevision Limited
Partnership, hereinafter referred to as "Lessee".
Now therefore, it is agreed to by and between the parties
that from and after the signing hereof the premises are hereby
leased as follows. The parties agree that the -Lessor will rent
and the Lessee will hire from the Lessor real estate, fixtures
and easements as follows:
Real Property: The Lessor agrees to lease to the Lessee the
two parcels of real property:
See Attached Exhibit A, incorporated herein by reference for
description of the two parcels leased.
Easements: The Lessor also grants to the Lessee a
perpetual easement through its alley to the tower area, as
described in Exhibit A. The parties will recall that the City
did remove its water tower upon which the cable TV antennae were
mounted. These antennae were relocated to telephone poles
purchased by the City at the rear of city owned lots. While the
Lessor intends to sell these lots, it intends to retain an
easement which it grants to the Lessee for the sum of $1.00, in
hand paid, which easement shall be perpetual, allowing ingress to
and egress from the poles.
LEASE AGREEMENT tp 1 •
RECEIVED
JUL 25603
II.
Term: The term of this lease shall be for a period of
fifteen (15) years commencing on the date of execution and
expiring, unless sooner terminated, on the /5 1 day of
ti�.e_c.w,b Er-z, 2004.
III.
Holdover: Should the Lessee hold over after expiration
of the term of this lease or any oral or written extension
thereof with the consent of the Lessor, this shall be deemed to
be a tenancy from month to month.
IV.
Rental Amount: For and during the term of this lease
and any extension, the Lessee shall pay to the Lessor an annual
rental for the occupancy of the premises in the sum of eight
hundred and fifty dollars ($850.00) per year, payable in advance
on or before the 15th day of January, each and every year during
the term hereof.
V.
Grant of Cable Service: The Lessee also agrees that it will
grant to the city a single subscription to cable service which
the Lessee understands has been assigned to Jack Seetin.
VI.
Annual Review of Rental Amount: The rental amount shall
be reviewed annually and it shall be adjusted based upon a
consumer price index for all urban consumers, all city averages,
all items using a base period of 1967 equals 100 as published by
LEASE AGREEMENT tp 2
/
the US Department of Labor, Bureau of Vital Statistics. The
consumer price index shall not be used to reduce the rental
amount. Rent shall be adjusted upward only.
VII.
Personal Property Taxes:
The Lessee agrees that it
shall be responsible for, and pay in a timely manner, all
personal property taxes assessed on the equipment to be located
upon the leased premises.
VIII.
Use and Occupancy: Lessee shall use the premises
solely for the purpose of locating head end and related
cablevision equipment. No additional poles, equipment or other
property may be added thereto or placed upon the leased premises
without prior written consent of the Lessor.
IX.
Liens: Lessee shall not allow or suffer any liens or
encumbrances to attach or be filed against any part of the
property described in this agreement.
X.
Termination: It is hereby agreed that this lease shall be
deemed terminated and breached by the Lessee if, during the term
of the lease:
1) A petition to have Lessee adjudicated a bankruptcy or a
petition for reorganization or arrangement under any of the laws
of the United States relating to bankruptcy be filed by the
Lessee, or be filed against the Lessee, and if so filed against
LEASE AGREEMENT tp 3
the Lessee not be dismissed within thirty (30) day of such
filing;
2) The assets of the Lessee or the business conducted by the
tenant on the premises be assumed by any trustee or other person
pursuant to any judicial proceedings;
3) Lessee becomes insolvent or makes an assignment for the
benefit of his creditors;
4) Lessee commits any act of bankruptcy; or
5) Any corporate Lessee or Assignee or successor in
interest of the Lessee commences proceedings for winding up the
business of the Lessee.
The Lessee expressly agrees that the Lessor may, at its
election, terminate this lease in the event of the occurrence of
any of the contingencies hereinbefore described by giving not
less than three (3) days written notice to the Lessee; and, when
so terminated, Lessor may reenter the premises, and the leasehold
interest created by this lease shall not be treated as an asset
of the Lessee's estate. It is further expressly understood and
agreed that the Lessor shall be entitled, upon such reentry,
notwithstanding any other provisions of this lease, to exercise
such rights and remedies and to recover from the Lessee as
damages for loss of the bargain resulting from such breach, and
not as a penalty, such amounts as are appropriate, unless any
statute or rule of law governing the proceeding in which such
damages are to be proved shall lawfully limit the amount of such
claims capable or being so proved, in which case Lessor shall be
LEASE AGREEMENT tp 4
entitled to recover as and for liquidated damages the maximum
amount which may be held under any such statute or rule or law.
XI.
Default: Lessor may, at its option declare default,
which exercise of default does not limit the remedies available
to the Lessor.
Events of default shall be defined as follows:
A. Rent Default. Lessee defaults in the payment of any
money agreed to be paid by the Lessee to the Lessor for rent or
for taxes or utilities or for any other purpose under this lease,
and if such default continues for ten (10) days after written
notice to the. Lessee by the Lessor.
B. Abandonment: If Lessee abandons the premises for a
period of thirty (30) days.
C. Other Default: If Lessee defaults in the performance
of any other of its agreements, conditions or covenants under
this lease, and such default continues for thirty (30) days.
XII.
Remedies: On any breach, default or abandonment, the
Lessor may exercise any of the following rights after the periods
of time stated below.
A. Reentry, removal and storage of property and repairs:
Lessor may immediately reenter and remove all persons and
property from the leased premises, storing the personal property
in a public warehouse or elsewhere at the cost of, for the
account of, and at the risk of the Lessee. In the event of such
LEASE AGREEMENT tp 5
a reentry of the Lessor, Lessor shall be entitled to recover from
the Lessee the expense of said repairs or alterations only to the
extent necessary to restore the premises to the condition it was
in on the commencement of the term of this lease, reasonable wear
and tear excepted. In such instance, the lease will be
terminated and the Lessor will be entitled otherwise to recover
all damages allowable under law or under this lease.
B. Collection of rent installments. The Lessor shall have
the right to collect any and all rent installments due and
payable, together with reasonable attorney fees incurred in the
collection thereof.
The rights, powers, elections and remedies of the Lessor
contained in this lease shall be construed as cumulative and no
one of them is or shall be considered exclusive of the other
rights or remedies allowed by law. The exercise of one or more
rights, power, elections or remedies shall not impair Lessor's
right to exercise any other.
XIII.
Heirs and Assigns. This Lease Agreement shall be
binding upon the heirs, personal representatives, successors and
assignees of the parties hereto.
xIv.
Assignability: This lease shall be assignable upon
reasonable notice to the other party to this lease for only the
purposes specified by the Cablevision franchise held by the
Lessee and for no other purpose than the provision of CATV
LEASE AGREEMENT tp 6
service.
xv.
Time of the Essence: Time is of the essence of this
lease and each provision.
XVI.
Partial Invalidity: If any term, covenant, condition or
provision of this lease is held by a court of confident
jurisdiction to be invalid, void or unenforceable, the remainder
of the provisions shall remain in full force and effect and shall
in no way be effected impaired or invalidated.
XVII.
Interpretation and Definitions: The language in all parts
of this lease shall in all cases be simply construed according to
its fair meaning and not strictly for or against the Lessor or
Lessee unless otherwise provided in this lease. Unless the
context otherwise requires, the following definitions and rules
of construction shall apply:
A. Number and Gender. In this lease the neuter gender
includes the feminine and masculine and the singular number
includes the plural and the word "person" includes corporation,
partnership, firm, or association wherever the context so
requires.
B. Mandatory and Permissive. "Shall", "Will" and "Agrees"
are mandatory. "May" is permissive.
C. Captions. Captions of the articles, sections and
LEASE AGREEMENT tp 7
convenience and reference only,
contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation,
construction or meaning of the provisions of this lease.
D. Land and Premises.
demised premises, premises
land and fixtures thereon.
Attorney Fees:
action or proceeding against the other
prevailing party shall be entitled to
XIX.
Interest: Any sum accruing
paragraphs of this lease are for
and the words
Leased land, land, leased premises,
shall include the improvements of the
XVIII.
Should either
party commence any legal
based on this lease, the
an award of attorney fees.
to the Lessor or Lessee
under the provisions of this lease which shall not be paid when
due shall bear interest at the rate of eighteen percent (18%) per
annum from the date written notice specifying such non payment is
served on the defaulting party, until paid.
xx.
Modification: This lease
modification except in writing.
XXI.
Notices: A11 payments of rents, notices, demands or
requests by and between parties shall be given as follows: To
the Lessor, City of McCall, Box 1065, McCall, Idaho 83638, to
the Lessee, Snakeriver Valley Cablevision Limited Partnership,
Post OFfice Box 71, Weiser, Idaho 83672.
LEASE AGREEMENT tp 8
is not subject
to
XXII.
Recordation: Neither the original or a copy of this Lease
Agreement shall be recorded. Possession shall be deemed to be
notice of the Lessee's interest and this lease agreement shall
supersede and include all the terms of every other agreement
previously made between the parties and their assignors.
XXIII.
Execution: This Lease Agreement has been executed by the
parties on the day and year in this agreement first above
written.
-jQ-5-
City ofMcCall, essor 1
V)_0231---
abl
Sna river V e y evision
Lim ed Partnership
STATE OF IDAHO
04/;ss.
COUNTY OF
On this / day of f,(, c"i(''/, 1989, before me, the
undersigned, a Notary Public in and for said state, personally
appeared <T;ir� c / // y . ��� , representing the City of
McCall, known to me to be t e person whose name is subscribed to
the above and foregoing Lease Agreement, 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 above
written.
z
�-,_/:
Notary Public for Idaho
Residing at: ,/%/2/7, 1h
My commission expires: /j /; - ;2
LEASE AGREEMENT tp 9
STATE OF IDAHO
SS.
COUNTY OF WASHINGTON
On this //;7 day of �,,re-e/7; 1989, before me the
undersigned, a Notary�Pub is in and for said state, personally
appeared (7,/,-2 /- ;,, representing Snakeriver valley
Cablevision Limite Partnership, known to me to be the person
whose name is subscribed to the above and foregoing Lease
Agreement, 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 above
written.
7U � - r � e7
otary,Public for I aho
Residing at:
My commission expires : jl / ;7 - y
LEASE AGREEMENT tp 10
EXHIBIT A
Parcel 1
A parcel of land situate in Section 9, T. 18 N., R. 3 E.,
B.M., City of McCall, valley County, Idaho, more particularly
descirbed as follows:
Commencing at the southwest corner of McCall's First
Addition to the City of McCall; thence N. 61° 43' 30"
E., 662.80 feet along the southerly boundary of said
Addition to the REAL POINT OF BEGINNING:
Thence, N. 61° 43' 30" E., 60.00 feet along said
southerly boundary
thence, S. 28° 16' 30" E., 25.00 feet
thence, S. 61° 43' 30" W., 60.00 feet
thence, N. 28° 16' 30" W., 25.00 feet to the Point of
Beginning.
Bearings based on State Plane Grid Azimuth.
Plus an additional twenty-five by twenty-five foot parcel of
ground adjacent at the Southwest side.
Parcel 2
The southern twenty-five feet of lots 5 and 6, block 13,
original townside of McCall.