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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.