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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.