HomeMy Public PortalAbout2004.11.10 Lease Agreement ExtensionNovember 10, 2004
Mr. L. Kirkpatrick
City Manager
City of McCall, Idaho
216 East Park Street
McCall, Idaho 83638
Dear Mr. Kirkpatrick:
We would like to renew our lease with the City of McCall for the building we now
occupy as the McCall Senior Citizens Center, with the same terms and conditions as the
previous lease.
Sincerely,
Ramon L. Alford ,)
Chairman, Bo. ofDirectors
McCall Senior tizens, Inc.
\ c \
,%"Jane Bunker
Coordinator, McCall Senior Center
NOV 1 0 2004
AGREEMENT FOR RA I IF1CATION AND
EXTENSION OF LEASE
This Agreement is made October 13, 1995, by and between the City of McCall, an Idaho
municipal corporation ("Lessor"), and McCall Senior Citizens, Inc., an Idaho corporation
with its principal place of business at McCall, Idaho ("Lessee").
Background
1. Lessor and Lessee are parties to a SENIOR CITIZENS LEASE dated as of October 31,
1979, respecting the property known as the McCall Senior Citizens Center ("Lease").
2. Such Lease was for an original term of ten years, with options to renew for periods of
five years each and at the same annual rent figure.
3. Such Lease was extended in December of 1990, at a time when it had according to its
original terms already expired over a year before, by letter acknowledgment of Lessee's
notice of desire to extend.
4. The Lessee has again indicated its desire to extend.
Agreements
5. The parties by this paragraph ratify all that has in the past been done with regard to
extensions of the Lease, and agree that the Lease is in present good force and effect,
and shall have an expiration date of December 31, 2000, with the right to renew for
additional five year terms each, notwithstanding that the Lease as originally executed
and if twice renewed would have expired October 31, 1999.
6. Nothing in this Agreement shall be held to change any part of the original Lease as
extended, other than the natter expressly set out in paragraph 5 above, including but
not limited to the fact that either party still has the right to terminate this Lease on 90
days written notice.
Dated: /'f5�
McCall Senior Citizens, Inc.
Attest:
President
Secretary
cti,eA L
Dean A. Martens,
Mayor
James H. Henderson,
City Clerk
McCall, Idaho
August 23, 1995
Mr. Gary Shimun
City Manager
City of McCall, Idaho
P. O. Box 986
McCall, Idaho 83638
Dear Mr. Shimun,
We would like to renew our lease with the City of McCall for
the building we are occupying as the McCall Senior Citizens
Center, with the same terms and conditions as the previous lease.
It is our understanding the present lease expires October 31,
1995.
Sincerely,
/(EL-611,--
Clyde Archer
Chairman, Board of Directors
McCal Senior Citizens, Inc.
Raj fond Heady
Coordinator McCall S for Center
SENIOR CITIZENS LEASE
THIS INDENTURE, Made and entered into this 2/day
of October, 1979, by and between the City of McCall, a municipal
corporation of the State of Idaho, hereinafter called Lessor,
and McCall Senior Citizens, Inc., an Idaho corporation with
its principal place of business at McCall, Idaho, hereinafter
called Lessee,
WITNESSETH
In consideration of the Mutual covenants and agreements
hereinafter set forth, the parties hereto agree as follows:
I
Lessor hereby leases to Lessee for a term of ten (10)
years, which began January 1,
, 1979, up to and in-
cluding the 31st day of December , 1989, that
certain land and building in McCall, Valley County, Idaho,
known as the McCall Senior Citizens Center, more particularly
,dcocribcd as follows, tc-wit:
A tract.of land in the SE SWa, 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 SEASW; 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 boun-
dary 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 be-
ginning; 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.
II
As and for rental of said premises, Lessee shall pay
to Lessor and do and perform the following: (a) pay the sum
of Ten Dollars ($10.00) per year in advance on the 1 st
day of April 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 Lessor as a
named insured (c) Lessee shall each year in advance, at its
expense, provide personal injury and property damage insurance
with the Lessor as a named insured, with the following
coverage:
$100,000 for each person
300,000 for each occurence
50,000 for property damage
1,000 for medical coverage
III
Lessee shall have the option to renew this agreement
for additional terms of five (5) years each at the same rent
as set forth in paragraph II. Upon ninety (90) days' written
notice in advance, either party to this lease may terminate
and cancel the same and possession of said premises shall be
delivered to Lessor as provided in paragraph XII hereof.
IV
Lessee shall not assign this lease or sublet the pre-
mises to another party without the express written approval
of Lessor.
V
Lessor agrees at its sole cost and expense, at all
times, to keep and maintain the said building and premises
in a good and proper state of repair, including, but not
limited to, exterior painting, plumbing and other building
service fixtures; and Lessor agrees to maintain the roof of
said building in such condition as will at all times prevent
water from getting into said building and in the event that
damage is caused to said building during the effective term
of this lease from such cause, Lessor agrees promptly to
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 hereinabove
provided, Lessee agrees to maintain the interior of said
building at its own expense, including interior painting or
redecorating. Lessor further agrees to replace all broken
platinlass unless such breakage is the result of an act of
the Lessee, its members or employees4W'�1�% ti •
Lessor further agrees to maintain the automobile parking
area in good order and to remove the snow therefrom.
VI
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 building by Lessee.
VII
Lessee may upon specific written consent of Lessor and
at its own expense, make alterations, additions, or improve-
ments in and to the interior of the demised premises. Al-
terations shall be performed in a workmanship manner and
shall not weaken or impair the structural strength, or
lessen the value, of the building on the premises, crr change
the purposes for which the building, or any part thereof,
may be used.
A11 alterations, additions, and improvements on or in
the demised premises that may be erected or installed during
the term, shall become part of the demised premises and the
sole property of Lessor,, except_that ill, moveable fixtures
installed by Lessee shall be and remain the property of
Lessee.
VIII
Lessee has examined the building and premises prior to
execution of this lease and hereby acknowledges that the
demised premises were in satisfactory condition at the time
Lessee entered into possession thereof, Lessor has made no
representations to Lessee relating to the condition of the
premises except as provided in this lease agreement.
Ix
Lessor 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 10 days to either correct the
condition, or commence corrective action if the condition
cannot be corrected in 10 days. If the condition cannot be
corrected in 10 days, Lessee shall have a reasonable time to
complete the correction.. Lessor may elect to enforce the
terms and conditions of the lease by any other method avail -
above under the law, or Lessor may declare a forfeiture of
the lease by providing 15 days° notice to Lessee of Lessor's
intent to do so.
X
Any and all remedies provided to Lessor for the en-
forcement of the provisions of this lease are cumulative
and not exclusive, and Lessor 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 Lessor's
rights.
XI
If the premises herein leased shall be destroyed or
shall otherwise become reasonably untenantable for its busi-
ness and purposes, the Lessee shall not be required to pay
rental hereunder for such time or times as the said premises
shall thus be untenantable, and a failure of the Lessor for
any period of sixty (60) consecutive days to render such
premises tenantable for the Lessee shall be sufficient
ground for the termination of this lease by the Lessee.
XII
The Lessee at the expiration of the term hereof shall,
at once and without requirement of notice, quit the said
premises and surrender the same to the Lessor in as good
condition as they now are, any damage resulting from reason-
able use of said premises, by fire, or cause beyond the
control of the Lessee, excepted.
XIII
This agreement shall be binding upon and inure to the
benefit of the successors and assigns of the respective
parties hereto.
IN WITNESS WHEREOF, the parties hereto have by resolu-
tion of their respective governing bodies caused this
instrument to be executed the day and year first above written.
CST •' M .CA.LL
By
Attest:
"4.4
City ClerkG / )
Ma or
LESSOR
MCCALL SENIOR CITIZENS, INC.
By
President Carl Heinrich
Attest:
Secret. y "' LESSEE
A
•
STATE OF IDAHO )
) ss.
County of Valley )
On this day of October, 1979, before me the under-
signed Notary Public in and for said State, personally appeared
BILL A. EVANS, known to me to be the Mayor of the City of
McCall, who executed the within instrument, and acknowledged
to me that such city 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.
Notary Public for Idaho
Residing at McCall, Idaho
STATE OF IDAHO )
ss.
County of Valley )
On this :%a4- day of October, 1979, before me the under-
signed Notary Public in and for said State, personally appeared
�rc?if-e .
, known to me to be the President
of the McCall Senior Citizens, Inc., who executed the within
instrument, and acknowledged to me that such corporation
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.'
Notary Public for Idaho
Residing at McCall, Idaho