The URL can be used to link to this page

Home My Public Portal About1997.10.31 LeaseF GO 0 4 H a Q W .c 0 0. P C v .n SENIOR CITIZENS LEASE 1n THIS INDENTURE, Made and entered into this 3/414 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, W I T N E S S E T H: 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 Jeccribcd as follows, to -wit: A tract of land in the SE;SW;, 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 SE4SW; 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 poi,nt 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 �I 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' writ 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 Les � ga. �, ,n- _ -_ ,`Y _E � =,.,n » p rr� a rsgr .. .ax 1Yy�•, �:,. see"in full for Lessee's expense in redecorat ng 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 plaV.glass unless such breakage is the result of an act of the Lessee, its members or employees aN 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, ar 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 all moveable fixtures installed by Lessee shall be and remain the property of Lessee. VIII Lessee has examined the building and premises prior to Iola 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 ..�m.. vi t.ifllCD a7 L11e gala A ses 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. Attest: Attest: Secrety By CIT • M CALL Ma or LESSOR McCALL SENIOR CITIZENS, INC. By President Carl Heinrich LESSEE STATE OF IDAHO ) ss. I County of Valley ) U, On this ?/ day of October, 1979, before me the under- signed o�n Notary Public in and for said State, personally appeared BILL A. EVANS, known to me to be the Mayor of the City of cD McCall, who executed the within instrument, and acknowledged IIA a, to me that such city executed the same. i m IN WITNESS WHEREOF, I have hereunto set my hand and Q 0II m affixed my official seal the day and year in this certificate l___1 first above written. STATE OF IDAHO Notary Public for Idaho Residing at McCall, Idaho ss. County of Valley ) On this 3/t day of October, 1979, before me the under- signed Notary Public in and for said State, personally appeared ed c-e , known to me to be the President of the McCall Senior Citizens, Inc., who executed the within instrument, acid 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