HomeMy Public PortalAbout2000.07.13 Lease AgreementLEASE AGREEMENT BETWEEN McCALL FIRE PROTECTION
DISTRICT AND THE CITY OF McCALL
The undersigned, McCall Fire Protection District, a governmental subdivision of the State
of Idaho, and a body politic and corporate, hereinafter referred to as the District, and the City of
McCall, a municipal corporation of the State of Idaho, hereinafter referred to as the City, enter
into this agreement for a lease of certain properties hereafter described upon the terms and
conditions hereinafter set forth.
The Premises:
ARTICLE I
THE PREMISES
The City holds fee simple title to the premises to be leased, which are
described on Exhibits A and B attached hereto. The attached descriptions shall hereinafter be
referred to collectively as "The Property". Exhibit C depicts a plat of the legal descriptions
involved, referenced as Parcels E and F thereon.
ARTICLE II
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
Representations and Warranties of the City: The City represents and warrants to the
District as follows:
A. The City is a municipal corporation of the State of Idaho, duly organized, validly
existing and in good standing under the laws of the State of Idaho.
B. The execution and delivery of this agreement by the City, and the performance of
the transaction as contemplated herein, have been duly authorized by all requisite actions and
proceedings, including the action of the City Council of the City.
C. Neither the execution and delivery of this Lease, nor the performance and
compliance with the transactions and provisions hereof by the City will violate any provision of
law, any order of any Court or other agency of the Government, the provisions of the ordinances
of the City, or of any indenture, mortgage, lease, agreement or other instrument to which the City
is a party or to which it or any of its property is bound or affected, nor will be in conflict with,
LEASE - Page 1
nor result in any breach of any of the terms of law, the ordinance, or terms and conditions of or
constitute (with due notice or lapse of time or both) a default under, any such law, ordinances,
indenture, mortgage, lease, agreement or other instrument.
Representations and Warranties of District: District represents and warrants to the City
as follows:
A. District is a duly constituted governmental subdivision of the State of Idaho, and a
body politic and corporate. The District intends to use the property for a fire station and the
access from Deinhard and Thula for fire and EMS response purposes within the District. This
will entail some limited traffic control at the point of access in conformance with Title 49, Idaho
Code and regulations promulgated thereunder.
B. The execution and delivery of this agreement by the District, and the performance
of the transaction as contemplated herein, have been duly authorized by all requisite actions and
proceedings, including the actions of the Board of Commissioners of the District.
C. Neither the execution and delivery of this Lease, nor the performance and
compliance with the transactions and provisions hereof by the District will violate any provision
of law, any order of any Court or other agency of the Government, or of any indenture, mortgage,
lease, agreement or other instrument to which the District is a party or to which it, or any of its
properties is bound or affected, nor will the Lease be in conflict with nor result in any breach of
the terms, conditions or provisions of, or constitute (with due notice or lapse of time or both) a
default under, any indenture, mortgage, lease, agreement or other instrument.
D. The District understands and agrees that while during the term of this Lease the
City will retain ownership of the premises (the District owning the structure to be built thereon),
the City shall have no liability whatsoever for any use or condition of the premises. During the
term of this Lease the District shall maintain insurance in amounts acceptable to the City and
shall defend, indemnify, and hold the City, its officers, employees and agents harmless for any
injuries to persons or property which occur on or around the premises or which result from the
District's use or lease of the premises.
LEASE - Page 2
ARTICLE III
LIENS AND ASSIGNMENTS
District agrees not to permit any security interest in the real property, nor to allow any
mechanics, materialmen's or other liens to be filed against said real property, and if so filed shall
have reasonable time in which to cause them to be discharged.
District shall have no right to assign any interest in the Lease, nor to sublet any of the
leased premises without the prior written consent of the City.
District shall have possession under this Lease if and when approved by the City Council
of the City.
ARTICLE IV
MISCELLANEOUS
Each party hereto represents and warrants to the other party hereto that, there is no claim
of brokerage commissions or finder's fees in connection with the transaction contemplated by
this agreement resulting from any action taken by such party. In the event any such claims are
asserted, each party hereto will pay, be responsible for, and hold the other party hereto harmless
from any obligation or liability due or to become due to any broker or finder on the basis of any
arrangement or agreement allegedly made by or on behalf of such party.
Except as otherwise provided herein, each party hereto shall pay his or its own legal and
other expenses incidental to this agreement and the transactions contemplated hereby whether or
not such transaction shall be consummated.
Any notice, request or other communication required or permitted to be given hereunder
to any party shall be validly given, made or served, if in writing, and delivered personally or sent
by certified mail, postage prepaid, (i) if to the city, addressed to the attention of its City Clerk, at
P. O. Box 986, McCall, Idaho 83638, or (ii) if to the District addressed to its Chairman at P. O.
Box 1597, McCall, Idaho 83638, or to such other persons or addresses as the parties may from
time to time designate.
This agreement may be executed in any number of counterparts, and, together with the
Exhibits hereto, contains the entire agreement between the parties hereto with respect to the
transaction contemplated hereby, and may not be changed, modified or amended, except in
LEASE - Page 3
writing signed by the City and the District. This agreement shall be binding upon and inure to
the benefit of the successors and assigns of the parties.
This agreement shall be governed by and construed in accordance with the laws of the
State of Idaho.
ARTICLE V
TERM OF LEASE AND CONSIDERATION
The Lease term extends from the date of execution hereof for ninety-nine (99) years. The
District shall pay to the City annually on or about October 15` of each year of such lease One
Dollar ($1.00) in legal tender for rent in advance for the ensuing fiscal year. In addition, the
District agrees that at the City's sole option the City may elect to purchase the District's current
property, more particularly described in Exhibit D, at a price representing replacement value as
established by a mutually agreed upon appraiser, or, alternatively, the parties agree to sell such
property to a third party and the City shall retain a percentage of the proceeds proportionate to its
interest in the property.
ARTICLE VI
RESOLUTION
That a copy of Resolution No. /� , passed and approved the [ (f/ day of.
2000, by the Mayor and Council of the City of McCall, is attached hereto as Exhibit E and each
and every provision thereof is by the reference made a part of this Lease as if fully set forth at
length herein.
IN WITNESS WHEREOF, the McCall Fire Protection District has caused this
Agreement to be signed by the Chairman of its Board of Commissioners, the ,;7 (."; `day of
, 2000.
�i 1
LEASE - Page 4
McCALL FIRE PROTECTION DISTRICT
By
Robert Kirk, Chai
ATTEST:
Marvin Heikkila, Secretary
The above and foregoing proposal has been accepted this j-E34-k day of /
f
2000, pursuant to a duly adopted Resolution of said City.
CITY OF McCALL
Allen Muller, Mayor
ATTEST:
Cathleen Koch,-t4-Lig'City Clerk
STATE OF IDAHO )
) ss.
County of Valley )
On this �(c) day of ,U.ty , 2000, before me .R6 b (�,�
the undersigned Notary Public in and for said State, personally appeared ROBERT KIRK, known
or identified to me to be the Chairman of the McCall Fire Protection District, and acknowledged
to me that he executed the within instrument for and on behalf of said District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
'''t�..••••.....fp..
. ( iho't A ' i tais forIddah ,o
# ..ipmktl1 i ng ft: —_P J`'�'
'•, PUB0y r wilission Expires:
•.•.,9 DE o' l
LEASE - Page 5
03
STATE OF IDAHO
County of Valley
On thiss: 0 day o
the undersigned Notary Pubin
known or identified to me to .e the
, 2000, before m
for said State, personally appeared ALLEN MULLER,
ayor of the City of McCall, Idaho, and acknowledged to me
that he executed the within instrument for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
,,'plyCliE 77. '\,1
c-i 1 .1 NR X
.v-
OI
S
.•
Notary Putts!'r Id. �. y%
Residing atr. '
My CommisslAi x)V
•#4,88......00
LEASE - Page 6
RESOLUTION Na,»/'
A RESOLUTION APPROVING A LEASE BY AND BETWEEN THE CITY OF
McCALL, AND THE McCALL FIRE PROTECTION DISTRICT; MAKING CERTAIN
FINDINGS OF FACT; AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AND
ATTEST SAID LEASE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of McCall duly advertised a proposed
agreement to be considered at its regularly scheduled council meeting of %«./
2000, concerning a proposal of the McCall Fire Protection District to lease from the City certain
tracts of land owned by the City comprising a part of the City owned Municipal Airport at the
corner of Deinhard and Thula Street, in the City of McCall; and
WHEREAS, notice of such meeting was duly published in the Central Idaho Star News,
the official publication of said City; and
WHEREAS, the City Council hereby makes the following findings in support of a
decision to lease such property for a term of ninety-nine (99) years, as follows:
(A) That such property is not now or in the foreseeable future needed for City
purposes.
(B) The District does provide a valuable service to the area and the community by
furnishing fire protection service to the public who reside both inside and outside of the
corporate limits of the City of McCall, a substantial portion of which property is in the McCall
Area of City Impact as established by law and, which area is likely over the term of such lease to
be annexed in to the City.
(C) The purpose of the lease is to provide land upon which the District shall build and
construct a new Fire Station wherein to store fire trucks, fire fighting equipment, house fire
fighters, and provide space for training purposes.
(D) The District shall pay to the City annually on or about October 1s` of each year of
such lease the sum of One Dollar ($1.00).
no.
RESOLUTION NC�,t,I`� - Page 1
(E) Upon the expiration of such Lease, title to said structure shall remain an asset of
the District.
(F) The City Council hereby finds that due notice of the proposal to enter into a Lease
has been given to the public, and that a noticed meeting has been had thereon and that based on
the findings of fact herein made, the City Council has determined that the proposed Lease is in
the best interest of the public.
WHEREAS, the Council, upon motion duly made, seconded and carried, approved the
content of the proposed Lease.
NOW, THEREFORE, be it resolved by the Mayor and Council of the City of McCaIl,
Idaho:
Section 1. That the proposed Lease, by and between the City of McCall and the
McCall Fire Protection District, a copy of which is hereunto annexed and incorporated herein by
reference, be and the same is hereby approved both as to form and content.
Section 2. That the Mayor and City Clerk be and they are hereby respectively
authorized to execute and attest to said proposed Lease on behalf of the City of McCall.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
Adopted and approved this ,,;74,i_day oft j .1 , 2000.
CITY OF McCA.LL
Allen Muller, Mayor
ATTEST:
a CI
Cathleen Koch, City Clerk
RESOLUTION NO.6b-W-- Page 2
THOMAS W. KE RR
PLS 998
KERR SURVEYING
PO BOX 853
MC CALL, IDAHO 83638
208-634-2686
April 8, 1997
DEINHARD RIGHT-OF-WAY
PARCEL E
JOEL W. DROULARD
PLS 5357
A parcel of land situate in the SEA of the NWT of Section 16,
T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more
particularly described as follows:
Commencing at a brass cap marking the CW 1/16 Corner of Section 16,
T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho;
thence, N. 00° 28' 08" E., 291.66 feet along the west boundary of
said SEA NWT, S. 89° 47' 16" E., 58.25 feet to the east right-of-
way line of Deinhard Lane, the REAL POINT OF BEGINNING:
Thence, continuing S. 89° 47' 16" E., 206.52 feet to the west
right-of-way line of Thula Street,
thence, S. 00° 19' 56" W., 263.94 feet along said Thula Street
right-of-way line to the north east right-of-way line of
Deinhard Lane,
thence, 244.68 feet along a non -tangent curve to the right
whose long chord bears N. 48° 42' 13" W., 231.07 feet,
whose delta angle is 66° 45' 30" and radius is 210.00
feet along said right-of-way,
thence, N. 15° 19' 28" W., 97.56 feet along said right-of-way,
thence, 18.87 feet along a curve to the left whose delta angle
is 03° 43' 43" and radius is 290.00 feet to the Point of
Beginning, containing 0.918 acre, more or less.
Bearings based on State Plane Grid Azimuth.
EXHIBIT "A"
THOMAS W. KERR
PLS 998
KERR SURVEYING
PO BOX 853
MC CALL, IDAHO 83638
208-634-2686
April 8, 1997
DEINHARD RIGHT-OF-WAY
PARCEL F
JOEL W. DROULARD
PLS 5357
A parcel of land situate in the SEA of the NW-1 of Section 16,
T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more
particularly described as follows:
Commencing at a brass cap marking the CW 1/16 Corner of Section 16,
T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, the
REAL POINT OF BEGINNING:
Thence, N. 00° 28' 08" E., 206.18 feet along the west boundary
of said SEA NWT to the south west right-of-way line of
Deinhard lane,
thence, S. 15° 19' 28" E., 49.85 feet along said right-of-way,
thence, 196.75 feet along a curve to the left whose delta
angle is 38°52'18" and radius is 290.00 feet along said
right-of-way to its intersection with the south boundary
of said SEA NW-1,
thence, N. 89° 47' 16" W., 124.90 feet to the Point of
Beginning, containing 0.210 acre, more or less.
Bearings based on State Plane Grid Azimuth.
EXHIBIT "B"
Parcel C
8
2
8
N 00'28'08" E
\•2.12'
J ',• S 89'47'16" E 264.53'
trcel B -�
3
1334.59'
0
co
64.00'
0.072
�, aG cre
0
� o
` 0.075
acre
� n
15.45N 42.80'
,0
\O)
N 00" 28' 08" E
(50
mr-
oo
11
Chi
*�
Co N
cn
40'
( 264.00' )
200.53'
co
0
co 0.400 acre
N
o Parcel D
r- 5.75'
C4
z
40'
\\
0.647\ acre
Par* A
\CT
200.77'
N 89' 47' 16" W 206.52'
0.210
acrf
Parcel, F
CW V16
•
0.918 acre
Parcel E
12 L90' � \
85.79'
N 89' 47' 16" W , 265.46'
( 264.00' )
rn
co
N
54.78' N
0
0
O
Zo
rn
N
i
i
i
i
i
i
Deinhard
A tract of land 35 feet by approximately 28.6 feet immediaftely
adjacent to the present City Fire Station, on'the east side
thereof situate on the.fo11owing described tracts in McCall,
Valley County, Idaho.
Book 21, Page 29; Beginning at a point on the south side of Park
S _.eet in McCall Maere• the east line of Second Street; projected
_._:ersects the said south side line of Park Street; thence running
Ljong said south side line of Park Street N 77°45tE, 67.7 feet;
thence S 12°151E, 45.5 feet to an intersection with the west side
'_ oundary' line of the right-of-way of the Idaho Northern Railroad;
hence along west boundary line of the right-of-way in south-
westerly direction 90.5 feet more or less; thence N 12°1511N', 105.5
feet, to the place of beginning.
•
Book 18, Page 496. A certain tract located in the NE4.S14. of Sec-
tion 9, T.18N.,I3.3E.,B.,M., Beginning at n point on the Cast end
where Park Street meets the railroad right-of-way running; in wost
direction along Park street for 52 feet; thence in southerly dir-
ection for 46 feet to where line meets railroad right -of -why; thence
in northeasterly direction along west boundary of railroad track for
a distance of 69 feet to the point of beginning?, forming a triangu-
lar pipe or land.
For a more precise area and location see Plans and Specifications
prepared by Frank Volk dated June 15, 1984.