HomeMy Public PortalAbout1997.05.08 Lease & MiscMcCALL
CITY CLERK
May 8, 1997
Diane Mansisidor, Coordinator
McCall Senior Citizens, Inc.
P.O. Box Y
McCall, ID 83638
Today, I reviewed the file pertaining to your lease with the City. I note that your commercial liability
and commercial property insurance policy number 1 MP 300319327 04 with USF&G will expire on
May 15, 1997. In examining the copy of the Master Insurance Policy you provided I find a
number of things that should be corrected upon renewal:
a. The coverage limits are not contained in the document.
b. The city is not a named insured on the policy as required by Section II of the
original 1979 lease. The purpose of having the city as a named insured is to protect the city in the
event of if a claim arising out of Senior Center operations is filed against the city. This provision
ensures that your insurance company defends and/or pays the claim and prevents the city's
insurance premiums from being increased should such a claim arise.
When your policy is renewed, please provide confirming documents to me in care of the City of
McCall, P.O. Box 986, McCall, ID 83638. This can be done in one of two ways: (1) provide a copy
of the entire policy or (2) ask your insurance agent to provide a *Certificate of Insurance" directly to
me as above. Certificates of Insurance are routinely provided upon the request of and without cost
to the policyholder.
As I mentioned previously, the Senior Center is scheduled for exterior painting this summer. We
plan to use Apple Tree Paint Works, the same company that painted City Hall last year. Mr.
Gendall of that company will be providing some color samples for your selection sometime in the
near future. New exterior paint combined with the carport project underway now should result in
a more useful and attractive building.
Thank you in advance for your attention to the matter of your insurance coverage.
Sincerely,
CITY OF MCCALL
James H. Henderson
City Clerk/Treasurer
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Allstate
ALLSTATE INSURANCE COMPANY
A STOCK INSURANCE COMPANY
Commercial Property Coverage Part
DECLARATIONS
1. Named Insured SENIOR CITIZENS &/OR
CITY OF MCCALL
Address PO BOX Y
MC CALL
HOME OFFICE • 2775 SANDERS ROAD
NORTHBROOK, ILLINOIS
POLICY NO. 50 285573
ID 83638-2524
Description of Insured Premises
PREM. NO.
BLDG. NO.
LOCATION, CONSTRUCTION AND OCCUPANCY
0001
001
705 1ST ST
MC CALL, VALLEY COUNTY, ID
ONE STORY FRAME
OFFICE
2. Policy Period: From 09/06/96 To 09/06/97
Standard time at 12:01 A.M. at the location of the insured premises
3. Coverages Provided (Insurance at the described premises applies only for coverages for w
PREM.BLDG.
NO.
NO.
COVERAGE
COINS'
RATES
COVERED
CAUSES OF LOSS
-- --------...,
LIMIT
OF INSURANCE
0001
001
BUILDING
100
SPECIAL
190,000
0001
001
PERSONAL PROPERTY
100
SPECIAL
35,000
- If Extra Expense Coverage, Limits on Loss Payment
Countersigned by ALPINE INSURANCE I `�>-/ i
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BU6108
(Ed. 1-86)
, Authorized Agent
Page 1 of 3
BU114-2
YOU'RE IN GOOD HANDS WITH ALLSTATE®
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,
Clyde Archer
Chairman, Board of Directors
McCa l Senior Citizens, Inc.
Raj( and Heady
Coordinator McCall Snior Center
McCALL SENIOR CITIZEr,S CENTER
�F AGREEMENT
94 THIS AGREEMENT, made and entered into this day of
�ata
, 1985, by and between the City of McCall, a Municipal
Corporation of the State of Idaho, hereinafter called the
City, and the McCall Senior Citizens, Inc., an Idaho corpor-
ation with its principal place of business at McCall, Idaho,
hereinafter called Seniors,
W I T N E S S E T H:
WHEREAS, the City has constructed on city -owned real
property in mc.Call, Idaho, a Senior Citizen Center building
and the Seniors now desire to construct and pay for an addition
thereto.
NOW, THEREFORE, in consideration of the mutual covenants
and agreements hereinafter set forth the parties do hereby
agree as follows:
1. The city hereby grants permission to the Seniors to
construct an addition to the McCall Senior Citizens Center build-
ing according to the plans and specifications prepared by the
McCall Design and Planning, Inc., Project No. e567-e,g d0 ,
datedvpfe(re o3,'4)1', 1985.
2. The Seniors shall obtain all necessary building permits,
licenses and/or other permission that may be required by any
governmental units or organizations.
3. The Seniors shall pay in full for such addition,
including but not limited to preparation of plans and specifica-
tions, permits, construction and related costs and agrees to hold
harmless and indemnify the city from and against any and all
liabilities, claims, costs, damages, expenses and attorneys'
fees resulting from the conduct of the construction of such
addition to the Center building and activities related thereto.
4. The Seniors shall require the contractor selected by
it to construct such addition to furnish performance and
nawment bonds, each equal to 100 of th_ i.i: >>ri e, w;
Seniors and the City both named as obligees thereunder.
5. Ownership of the addition when completed shall vest
in the City.
IN WITNESS WHEREOF, by due authorization of their
respective boards, the parties hereto have hereunto set their
hands the day and year first above written.
CITY OF MCCALL, IDAHO
By
Attest:
,�;;" '
�ity Clerk
By
Attest:
McCALL SENIOR CITIZENS, INC.
President iesil,lent
AMENDMENT TO SENIOR CITIZENS LEASE AND CONSENm m0 COmSmnU,CTION
THIS AMENDMENT TO SENIOR CITIZENS LEASE AND CONSENT
TO CONSTRUCTION, made an0 entered into this 4th day of August,
1980, by and between the City of McCall, a municipal corporation
of the State of Idaho, hereinafter called Lessor and McCall
Sneior 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:
WHEREAS, the parties hereto on the ?lst day of October,
1979, made and entered into a Senior Citizens Lease covering
the premises therein described for the term therein set forth,
which lease provides, among other things, that Lessee may
upon specific written consent of Lessor and at its expense,
make alterations, additions or improvements in and to the
interior of the demised premises and it is the desire of the
parties hereto to provide that Lessee may upon specific
written consent of Lessor and at its own expense, make
alterations, additions or improvements to the exterior of
the demised premises as well: and
WHEREAS, it is the desire of Lessee to make certain
additions to the exterior of such premises and it is the
desire of Lessor to give written consent thereto.
NOW, THEREFORE, in consideration of the execution of
such lease anu in consideration of the mutual covenants and
agreements hereinafter set forth it is hereby agreed by
and between the parties as follows: J
1. That Section VII of said Lease shall be, and is
hereby amended to read as follows:
VII
Lessee may upon specific w tten consent of Lessor and
at its (Lessee's) own expense, make alterations, additions,
or improvements in and to the interior and exterior of the
demised premises. Alterations 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,
or change the purposes for which the building, or any part
thereof, may be used.
All 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 nronerty of
Lessee.
2. That pursuant to Section VII of said Lease as
amended herein, Lessor hereby specifically consents to the
construction by Lessee, at its (Lessee's) expense, of a
garage and storage building on the premises described in
such lease pursuant to the plans and specifications attached
hereto and approved by the City of McCall Planning and
Zoning Commission on the 21st day of May, 1980, and the bid
dated June 17, 1980, in the amount of $11,628.23, attached
hereto and the change order dated June 20, 1930, in the
amount of $1,561.2.5 also attached, all of which attachments
are made a part hereof by this reference.
IPA WITNESS WHEREOF, the parties hereto have by resolution
of their respective governing bodies caused this instrument
to be executed the day and year first abo,- itten.-)
By
Attest:
Ci/6 Clerk
CITY
eAL�L nA.
LESSOR
_7
City of McCall
OFFICE OF THE CLERK
BOX 1065
MCCALL. IDAHO 83638
December 31, 1990
Del Catlin, Chairman
Board of Directors
McCall Senior Citizens Center
McCall, Idaho 83638
Dear Mr. Catlin,
On December 27, 1990 at their regular meeting, the
McCall City Council, by motion properly made and seconded,
on a unanimous vote, approved a five year extension of the
lease as requested. The lease renewal term is for five
years pursuant under the same terms and conditions set
forth in that lease between the city and McCall Senior
Citizens Incorporated, dated October 31, 1979.
Section III of that lease permits the lessee to renew
this lease for five year terms at the same rent. All other
terms of that agreement remain unchanged.
I regret the delay in extending this agreement.
Sincerely,
cc Rose Rebillet, Coordinator
McCALL
January 10, 1997
Diane Mansisidor, Coordinator
McCall Senior Citizens, Inc.
P.O. Box Y
McCall, ID 83638
Dear Ms. Mansisidor:
CITY CLERK
The McCall City Council, at its regular meeting on January 9, 1997 considered your request for the city to
pay the monthly costs for outside lighting of the Senior Citizens Center. The council took no action on your
request.
I am enclosing copies of the 1979 lease agreement between the City of McCall and the McCall Senior
Citizens, Inc., together with subsequent amendments and extensions. Section VIII of the 1979 agreement
between the City of McCall and McCall Senior Citizens, Inc., stated in pertinent part: "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 there, Lessee . .
." Section VII of the 1980 amendment to the 1979 agreement stated in pertinent part: "Lessee may upon
specific written consent of Lessor and at its (Lessee's) own expense, make alterations, additions, or
improvements in and to the interior and exterior of the demise premises. Alterations ..." Said another
way, McCall Senior Citizens, Inc. acknowledged that the building was satisfactory without exterior lighting
in 1979 and in 1980 agreed to obtain the consent of the city and to pay for any subsequent alterations to the
building. The installation of new exterior lighting goes beyond maintenance, which was the point of my
comments in our earlier conversation.
In reviewing the file, I also found two other items that need attention:
1. I have been unable to find any record of the payment of rent for 1995 or 1996. If your
records differ, please provide a copy of your canceled check or receipt so I may correct mine.
2. Section II of the1979 agreement requires that McCall Senior Citizens Inc., provide
personal injury and property damage insurance with the City of McCall as a named insured. Please ask
your insurance agent to provide the city with a Certificate of Insurance for our files.
I trust that the attached documents will clarify the relationship between the Seniors and the City respecting
the Senior Center.
Sincerely,
MCCALL
James H. Henderson
City Clerk -Treasurer
114 Fact Par4 C
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AGREEMENT FOR RA 1'lF'ICATION 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 matter 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: ✓ / a j95
McCall Senior Citizens, Inc.
by:
cer"
President
Attest:
Secretary
Dean A. Martens,
Mayor
James H. Henderson,
dytv City Clerk
City of McCall
OFFICE OF THE CLERK
BOX 1065
MCCALL, IDAHO 83638
December 31, 1990
Del Catlin, Chairman
Board of Directors
McCall Senior Citizens Center
McCall, Idaho 83638
Dear Mr. Catlin,
On December 27, 1990 at their regular meeting, the
McCall City Council, by motion properly made and seconded,
on a unanimous vote, approved a five year extension of the
lease as requested. The lease renewal term is for five
years pursuant under the same terms and conditions set
forth in that lease between the city and McCall Senior
Citizens Incorporated, dated October 31, 1979.
Section III of that lease permits the lessee to renew
this lease for five year terms at the same rent. All other
terms of that agreement remain unchanged.
I regret the delay in extending this agreement.
Sincerely,
cc Rose Rebillet, Coordinator
Law Offices of
KILLEN, PITTENGER & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
William M. Killen
Gregory C. Pittenger
Carl B. Kerrick
Mayor and Council
City of McCall
P. 0. Box 1065
McCall, Idaho 83638
December 21, 1990
Telephone: 634-7118
Area Code: 208
Re: Opinion letter regarding McCall Senior Citizen Lease
Gentlemen:
It is my understanding the the McCall Senior Citizens has
expressly indicated a desire to renew their lease with the
City on the same terms and conditions as the previous lease.
The essential terms of that lease are for a period of ten
years at $10.00 per year, payable in advance on the first of
April each year, together with insurance coverage.
I have reviewed the lease and as drawn it certainly entitles
them to do so. The only qualification that I would make is
that the original term of the lease is for ten years, while
the renewal option as drawn provides for additional terms
of five years on the same rent, namely $10.00 in advance,
plus insurance coverage. Arguably the letter request of
December 7th may be requesting a renewal for a full ten
years.
Since the construction of this lease agreement as drawn
would permit the senior citizens to renew it indefinitely at
five years each, it may be a distinction without a
difference.
As you are probably aware the lease also provides for 90
days written notice of termination by either party without
cause, so that regardless of the perpetual renewal
provisions the City is well positioned, should the circum-
stances change, to reassert use and possession.
The only other qualification I would make is their right to
renew is conditioned upon having fully performed, I do not
know, but presume, they have been paying their $10.00
Mayor and Council
Page Two December 21, 1990
annually each year and causing the appropriate insurance to
be reissued. Assuming that to be the case then they are
well within their rights to request renewals, certainly at
five year intervals, and permissably at ten year intervals
if the council is so included to accommodate them.
Best regards,
KILLEN, PITTENGERERRICK, P.A.
William M. Killen
WMK/ch
cc: Bud Schmidt
Bob Remaklus
P.S The original ten year term ended December, 1989 - so
you are already into the first year of any renewal
term.
December 20, 1996
McCall City Council
P.O. Box 986
McCall, Ib 83638
Dear McCall City Council,
The McCall Senior Center and surrounding parking is ownedbythe
City of McCall and I have concerns about the parking lots at the
center. There hasn't been any lighting available for the
parking lots and when leaving ,the center in the evening you have
trouble finding your car and then trying to get the key in the
door is next to impossible.- My main concern about the parking
lots are seniors falling because you can't see where you are
going. We did have one of our seniors fall in the parking lot on
Dec. 17, 1996 and she had a hip replacement earlier this summer
luckily she was only bruised. After school functions there are
cars and snowmobiles racing thru the lots and causing concern
when the clients leave after dinners.
I had asked Jim Henderson to have some lights put up on the South
and the North sides of the building. When I talked to him later
he said that he was looking into it but if it cost over $200.00
that we would have to pay the expense of the installation.- On
Wednesday Dec. 18, 1996 I called Idaho Power to see if we could
get the necessary lighting. On Thurdsay they called called back
and said that for $17.28 a month I could have lights on both
sides of the building, the first light was installed that
afternoon and the second light will be installed on Monday Dec.
23,1996. As the center's budget is extremely tight since we have
had our State and Federal funds cut and we are expecting another
cut in July Idaho Power told me that the City should pay for the
lights since it is city property. The city is legally liable for
the law -suits in the parking lot and since I arranged for the
lights to be installed at no cost I believe the city should pick
up the monthly costs of $17.28 since it is much cheaper than a
law -suit.
I am sincerely hopeful that you will take a close look at this
situation and come to safe conclusion for our senior population.
Sincerely, {
Diane Mansisidor
Coordinator
McCall Senior Citizens, Inc.
P.O. Box Y
McCall, ID 38638
Phone 634-5408
DECEMBER 7,1990
CITY OF MCCALL
CITY MANAGER
BUD SCHMIDT
Dear Mr. Schmidt,
We would like to renew our lease with the City
of McCall for the building we are occupying as
a Senior Center, with the same terms and
conditions as the previous lease.
Sincerely,
c26(7.%.,4tyx,,,
Del Catlin
Board of Directors, Chairman
/ /
1 /e/
ery
Rose Rebillet
Coordinator, Senior Center
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