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Home My Public Portal AboutAB 04-177 attach - Senior Citizen Lease AgreementSENIOR CITIZENS LEASE AGREEMENT This Agreement, entered into by and between the City of McCall, a municipal corporation of the State of Idaho (the “City”), and McCall Senior Citizens, Inc., an Idaho corporation with its principal place of business in McCall, Idaho (“Lessee”), WITNESSETH: In consideration of the mutual covenants and agreements hereinafter set forth, the paties hereto agree as follows: 1. The City hereby leases to Lessee for a term of five (5) years, which begins on January 1, 2005, up to and including December 31, 2009, that certain land and building in McCall, Valley County, Idaho, known as the McCall Senior Citizens Center, more particularly described as follows: A tract of landing the SE ¼ SW ¼, Section 9, Township 18 North, Range 3 East, B.M., Valley County, Idaho, more particularly described as follows: Commencing at the Northwest corner of the SE ¼ SW ¼ of Section 9, Township 18 North, Range 3 East, B.M.; thence East 30 feet to the East boundary of First Street; thence South along the East boundary of First Street a distance of 232.9 feet to the real point of beginning; thence continue South along said East boundary of First Street 175 feet more or less to the intersection thereof with the Northwesterly boundary of the Oregon Short Line Railroad right of way; thence in a Northeasterly direction along said railroad right of way to a point directly East of the real point of beginning; thence West 175 feet more or less to the real point of beginning, which tract is part of Block One of the vacated plat of the Lakeport Addition to the Village of McCall. 2. As and for rental of said premises, Lessee shall pay to the City and do and perform the following: (a) pay the sum of $10.00 per year in advance on the first day of January of each year of the term of this lease; (b) each year, in advance, Lessee shall provide, at its expense, fire insurance with extended coverage to the full insurable value of such premises and building thereon, with the City as a named insured; (c) Lessee shall each year in advance, at its expense, provide personal injury and property damage insurance with the City as a named insured, with the following coverage: $500,000 for each person $500,000 for each occurrence $500,000 for property damage $500,000 for medical coverage 3. This Agreement shall be automatically renewed for one year intervals from October 1 to September 30 corresponding to the City’s fiscal year, such renewal shall not prevent either party from terminating this Agreement with ninety (90) days prior written notice to the other party. Upon termination, possession of the premises shall be delivered to City as provided in paragraph 12. 4. Lessee shall not assign this Lease or sublet the premises to another party without the express written consent of the City. 5. The City agrees, at its sole cost and expense, at all times, to keep and maintain the Premises in a good and proper state of repair, including, but not limited to, exterior painting, plumbing and other building service fixtures, and the City agrees to maintain the roof of the Premises in such condition as will at all times prevent water from getting into the Premises and in the event that damage is caused to the Premises during the effective date of this Lease from such cause, the City agrees to promptly repair such damage without expense to Lessee, or to reimburse Lessee in full for Lessee’s expense in redecorating or making repairs caused by such damage. Except as otherwise provided, Lessee agrees to maintain the interior of said building at its own expense, including interior painting and redecorating. The City further agrees to replace all broken plate glass, unless such breakage is the result of an act of the Lessee, its members, employees or guests. The City further agrees to maintain the parking lot in good order and to remove the snow therefrom. 6. Lessee shall not conduct any activity that is unlawful, ultrahazardous, or that would increase the premiums for liability insurance on the Premises. No advertising material is to be affixed to the exterior portions of the Premises by the Lessee. 7. Lessee may, upon specific written consent of the City and at its own expense, make alterations, additions, or improvements in and to the interior of the Premises. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, of the Premises, or change the purpose for which the Premises, or any part thereof, may be used. All alterations, additions, and improvements on or in the Premises that may be erected or installed during the term, shall become part of the Premises and the sole property of the City, except that all moveable fixtures installed by Lessee shall be and remain the property of Lessee. 8. Lessee has examined the Premises prior to execution of this Lease and acknowledges that the Premises were in satisfactory condition at the time Lessee entered into possession thereof, the City has made no representations to Lessee relating to the condition of the Premises except as provided in this Lease. 9. The City shall, on default with respect to any of the provisions of this Lease by Lessee, provide Lessee with written notice of any breach of the Lease terms or conditions and Lessee shall then have ten (10) days to either correct the condition, or commence corrective action if the condition cannot be corrected within ten (10) days. If the condition cannot be corrected within ten (10) days, Lessee shall have a reasonable time to complete the correction. The City may elect to enforce the terms and conditions of the Lease by any method available under the law, or the City may declare a forfeiture of the Lease by providing fifteen (15) days’ notice to Lessee of the City’s intent to do so. 10. Any and all remedies provided to the City for the enforcement of the provisions of this Lease are cumulative and not exclusive, and the City shall be entitled to pursue either the rights enumerated in this Lease or remedies authorized by law, or both. Lessee shall be liable for any costs or expenses, including attorney fees and court costs, incurred by Lessor in enforcing any terms of this Lease, or in pursuing any legal action for the enforcement of the City’s rights. 11. If the Premises shall be destroyed or shall otherwise become reasonably untenantable for its business and purpose, the Lessee shall not be required to pay rent for such time or times as the said Premises shall thus be untenantable, and a failure of the City for any period of sixty (60) consecutive days to render the Premises tenantable for the Lessee shall be sufficient ground for the termination of this Lease by the Lessee. 12. The Lessee, upon termination of this Lease, shall, at once and without requirement of any additional notice, quit the Premises and surrender the same to the City in as good condition as they now are, any damage resulting from reasonable use of said premises, by fire, or cause beyond the control of Lessee, excepted. 13. This Lease shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have by resolution of their respective governing bodies caused this instrument to be executed this ____ day of _______________, 2004. CITY OF McCALL McCALL SENIOR CITIZENS, INC.: __________________________ ____________________________ Kirk Eimers, Mayor Ramon Alford, Chairman ATTEST: _________________________ ____________________________ Dan Irwin, City Clerk ____________, Secretary STATE OF IDAHO ) : ss. COUNTY OF VALLEY ) On this ____ day of ___________, 2004, before the undersigned notary public in and for the said state, personally appeared __________________________, known or identified to me to be the person who executed the foregoing instrument and acknowledged to me that he or she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. __________________________________ Notary Public for Idaho Residing at:________________________ My Commission Expires:_____________