HomeMy Public PortalAbout1999.08.06 Boise Cascade Corp. Firing Range Real Property LeaseREAL PROPERTY LEASE
THIS LEASE, made and entered into as of August 6, 1999, by and between
BOISE CASCADE CORPORATION, a Delaware corporation ("Lessor"), and McCall
City Police Department ("Lessee").
WITNESSETH:
WHEREAS, Lessor is the owner of certain real property located in Valley County,
state of Idaho; and
WHEREAS, Lessee desires to lease said property.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
1. Premises. Lessor hereby leases to Lessee and Lessee hereby hires from
Lessor those certain premises located in Valley County, Idaho, more particularly
described on Exhibit A attached hereto and by this reference made a part hereof
("Premises").
2. Term. The initial term of this Lease shall be for a period commencing the
day and year first above written and terminating on January 1, 2000. Upon expiration
of the initial term, this Lease shall be automatically renewed for a renewal term which
shall be twelve (12) months in length and shall thereafter be automatically renewed for
renewal terms of a like term. Either party may terminate this Lease as of the end of the
initial term or any renewal term by giving the other party notice of termination 60 days
prior to the end of the initial term or renewal term then in effect. Notwithstanding the
foregoing, Lessor may terminate this Lease at the end of any calendar month by giving
Lessee at least 90 days' written notice prior to the effective date of cancellation.
3. Rental. During the term of this Lease, Lessee shall pay to Lessor the sum
of $0.00 per month as rental for the Premises.
4. Use and Maintenance of Premises. Lessor acknowledges that Lessee
intends to utilize the Premises for: the sole purpose of a shooting range. The Premises
shall not be used by Lessee for any other purpose whatsoever. Lessee shall not
commit, or suffer to be committed, any waste upon the Premises, nor allow or cause
said Premises to be used for any improper, immoral, or unlawful purpose. Lessee shall
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keep and maintain the Premises in a clean, neat, and orderly condition, free of trash,
litter, or other disposal items, and in as good a state of repair as the same now are or
may hereafter become during the term of this Lease. Lessee shall be solely
responsible for making all repairs required, both structural and nonstructural, and for the
maintenance of buildings or other improvements now on or hereafter placed on the
Premises covered by this Lease and shall do so at its sole cost and expense except
those structural repairs which are made as a result of a defect in the Premises. Lessee
shall keep and maintain, and shall make all repairs required to keep. and maintain, the
Premises and all improvements thereon at all times in compliance with all federal, state,
and local laws, rules, and regulations as are now in force or as hereafter may be in
force.
5. Condition of Premises. Lessee hereby acknowledges that it has
inspected the Premises, knows the condition thereof, and is entering into this Lease for
the occupancy of the Premises with full knowledge of the state of repair and condition
of the Premises. Lessor makes no warranty or representation as to the condition of the
Premises or their fitness for use by Lessee. Lessee shall be responsible for and shall
obtain all permits and licenses required for its use of the Premises.
6. Taxes. Lessee shall pay as additional rent all taxes and
assessments levied and assessed against the personal property and
improvements made and installed by the Lessee during the term of this Lease,
and Lessor shall pay all taxes and assessments levied and assessed against the
real property covered by this Lease during its term. Said taxes shall be paid as
and when the same become due and prior to the time they become delinquent.
7. Laws and Regulations. Lessee shall comply with all federal, state, and
local laws, rules, and regulations relating to the use and occupancy of the Premises
covered by this Lease.
8. Liens and Encumbrances. Lessee shall not suffer or allow any liens or
encumbrances to be levied or assessed against the Premises or any improvements
thereof.
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9. Utilities. Lessee shall assume and pay for the installation and
hookup of all utilities and all utility services provided to the Premises.
10. Cancellation. Cancellation pursuant to any section hereof shall be without
prejudice to the rights of either party for any breach of this Lease occurring prior to such
cancellation. Lessee shall not be entitled to any compensation as a result of any
improvements placed on the Premises by it.
11. Insurance and Indemnification. Lessee shall, at all times during the term
of this Lease, at its own cost and expense, maintain [fire and extended coverage
insurance in an amount equal to new replacement cost of the improvements located on
the Premises. Lessee shall also maintain] commercial general liability insurance with a
combined single limit of $2,000,000 per occurrence for damages from accidents
occurring on or about the Premises or arising out of Lessee's use thereof. Certificates
for all such insurance shall be delivered to Lessor, and Lessor shall be named [as the
loss payee with respect to the fire and extended coverage policy and] as an additional
insured with respect to the liability policy. The certificates shall also contain provisions
for a thirty (30) day notice prior to cancellation, reduction of coverage, or other material
change in the policy. Lessee shall be responsible for insuring its personal property and
trade fixtures located on the Premises against perils covered by a fire and extended
coverage property damage policy; Lessor shall not be liable to Lessee for any loss or
damage to Lessee's property, and there shall be no subrogated claim by Lessee's
insurance carrier against Lessor. Lessee further covenants with Lessor to protect,
indemnify, and hold Lessor harmless from and against any and all claims, demands,
and causes of action, including attorneys' fees of any nature whatsoever for injury or
death of persons or loss of or damage to property (including property of the parties
hereto) occurring on the Premises or in any manner growing out of or connected with
Lessee's use and occupancy of the Premises except damage or injury occasioned by
the sole negligence of Lessor, its servants, or employees. Lessee shall be responsible
for and shall hold harmless and indemnify Lessor from and against all demands, injuries
to person or property, death, costs (including reasonable attorneys' fees), lawsuits,
claims, and state, local, or federal governmental actions, investigations, or fines as a
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result of any hazardous substance (including but not limited to hazardous waste,
hazardous chemicals, PCBs, and asbestos) being placed in, on, or under the Premises
br coming to rest in, on, or under the Premises caused by Lessee, its agents,
subtenants, or invitees.
12. Removal of Property. Upon termination of this Lease, Lessee shall
remove its furnishings, trade fixtures, and equipment from the Premises, and shall
reimburse Lessor for the cost of repairing any damage to the Premises caused by such
removal. All property not removed from the Premises within 30 days from the date of
expiration of this Lease shall become the sole property of Lessor. Notwithstanding the
foregoing, Lessee shall remove from the Premises any and all improvements or
property of any kind placed on the Premises by Lessee which Lessor requests be
removed and Lessee shall place the Premises in the condition they were in prior to the
installation or placement of any such improvements or property on the Premises.
Lessor shall notify Lessee within 15 days of the expiration of this Lease of the
improvements or property which Lessor requires Lessee to remove from the Premises.
13. Inspection. Lessor shall have the right to inspect the Premises and
improvements thereon at all reasonable times and places for whatever purpose
deemed necessary or reasonable by Lessor.
14. Destruction or Condemnation of Premises - Termination of Lease. In the
event the Premises shall be wholly or partially destroyed by fire or other casualty or in
the event all or any part of the Premises are condemned by any person or entity, this
Lease may be terminated by either party.
15. Default. In the event Lessee fails to perform any of the terms, provisions,
or conditions contained in this Lease promptly and as and when required to be
performed, Lessor shall give notice to Lessee in writing specifying the default; and in
the event Lessee shall fail, refuse, or neglect to correct said default within 30 days from
the date of mailing of the notice of said default, then Lessor shall have the right, at its
sole option, to terminate this Lease and to expel Lessee from the Premises and retake
possession and to exercise any other remedy provided by law.
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16. Assignment. Lessee shall not assign this Lease nor any interest herein,
nor sublet the Premises, without the written consent of Lessor having been first
obtained.
17. Notices. Any notice or demand required or permitted to be given under
the terms of this Lease shall be deemed to have been duly given or made if deposited
in the United States mail, in a sealed envelope, postage prepaid, by registered or
certified mail, respectively addressed as follows:
To Lessor:
With copies to:
Boise Cascade Corporation
Attention Director -- Corporate Real Estate
1111 W. Jefferson Street
P.O. Box 50
Boise, ID 83728-0001
Herb Malany
P.O. Box 476
Emmett, idaho 83617
To Lessee: McCall City Police Department
18. Successors and Assigns. The covenants, conditions, and provisions
herein contained shall apply to and bind the heirs, executors, administrators,
successors, and assigns of all the parties hereto.
19. Improvements. Lessee shall not make any improvements to the
Premises, other than those improvements described on Exhibit B attached hereto and
by this reference made a part hereof, without the prior written consent of Lessor. If
Lessee desires to remodel the Premises, all remodeling plans must be approved by
Lessor in writing prior to beginning any remodeling work. Lessee shall be responsible
for obtaining all applicable permits and approvals for any improvements or remodeling
work.
20. Entire Agreement. This Lease contains the entire agreement of the
parties concerning the subject hereof, including all oral understandings and
agreements, and there are no collateral understandings or agreements or
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representations or warranties not expressly included herein. No provision hereof may
be modified, waived, or amended except in writing signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Lease agreement
to be executed the day and year first above written.
LESSOR:
BOISE CASCADE CORPORATION
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By
NYdd l4'r6 a!6fib'/
Region Timberlands Manager
LESSEE:
McCALL CITY POLICE DEPARTMENT
EXHIBIT A
The NE quarter of the SE quarter of the SW quarter Section 19 Township 18N 3E.
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EXHIBIT B
IMPROVEMENTS
1. Level the road way into the existing area, construct a gate, and then post the
requirements for use.
2. Level a parking area free from sagebrush and long grass for safe, controlled
parking.
3. Level and clear an area 120 yards by 25 yards wide for the actual shooting
range.
4. Level and clear walk ways to the range to keep shooters off the natural
landscape.
5. Square off and develop a safe shooting backstop behind shooting lanes.
6. Using donated fencing, fence the south and east boundaries (in the future).
7. Construct a flagpole to facilitate the use of an "In Use" range flag.
8. Obtain and park a construction type trailer to use as a classroom. This will not
be a permanent structure.
9. Construct and place a picnic table of some sort, to be used during a full training
day.
10. Construct shooting lines (4X4's at 50, 25, 15, 10, 5, and 3 yards) not permanent.
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