HomeMy Public PortalAbout2017.12.14 McCall Community Center LeaseMCCALL COMMUNITY CENTER LEASE
THIS AGREEMENT is made and entered into this 14th day of December, 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, doing business as McCall Community Center, hereinafter called Lessee.
WITNESSETH:
That the Lessor, for and in consideration of the rents, covenants and agreements hereinafter
mentioned on the part and behalf of the Lessee to be paid, kept and performed, does by these
presents, grant, demise and lease unto the Lessee, and the Lessee does, by these presents, hire, rent
and take from the Lessor, that certain land and building in McCall, Valley County, Idaho, known
as the McCall Community Center, located on the following described real property, hereinafter
referred to as the "premises", to -wit:
A tract of land in the SE 1/4 SW 1/4, Section 9, Township 18 North, Range 3 East, B.M., Valley
County, Idaho, more particularly described as follows:
Commencing at the Northwest comer of the SE 1/4 S W 1/4 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.
TO HAVE AND TO HOLD the premises, together with the appurtenances, privileges,
rights and easements thereto belonging, unto the said Lessee for the term of almost five (5) years,
said term to commence on December 15, 2017 and terminate on September 30, 2022. Lessee shall
have the option to renew this lease for additional term of two (2) years each at the same rent as set
forth in Section 1 of this Lease.
Notwithstanding the foregoing, upon ninety (90) days advance written notice, 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 19 hereof. Additionally, the Lessor shall not
rebate any prorated rent if the lease is terminated at a date other than September 30.
1. RENT: Lessee covenants and agrees to payment of the sum of One Dollar ($1.00)
per year in advance on the 1st day of October of each year of the term of this lease.
2. EXAMINATION AND USE OF PREMISES: Lessee has examined the 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.
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Lessee covenants and agrees that the premises shall be used only as a community center to be
known as the McCall Community Center.
3. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor sublet
to any other Lessee the leased premises or any portion thereof without the written consent first
obtained of Lessor. The community center shall be available for City programs and meetings at no
charge to the City of McCall if not occupied by previously scheduled program, meeting or activity.
4. REPORTING: The McCall Community Center shall provide an annual report to
the McCall City Council.
5. MAINTENANCE AND REPAIRS: Lessee agrees to maintain the premises and
any improvements made thereto in as good condition as are now in the possession of the Lessee.
Lessee agrees to provide regular and routine maintenance of the interior and exterior of the
building and grounds. 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. Lessee is responsible for redecorating or making repairs caused by damage.
Except as hereinabove provided, Lessee agrees to maintain the interior and exterior of said building
and grounds at its own expense, including interior painting or redecorating. Lessee further agrees
to replace all broken plate glass its members, employees, or guests.
Lessor further agrees to maintain the automobile parking area in good order and to remove the
snow therefrom.
6. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state
and federal laws, rules, regulations and ordinances and to do all things necessary to stay in
compliance with the same. Lessee shall not conduct any activity that is unlawful, ultra -hazardous,
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.
7. ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make
improvements to the interior of said leased premises or alterations to the leased premises, providing
the Lessee first obtains specific written approval of said improvements or alterations by the Lessor,
at Lessee's own expense, to make alterations, additions, or improvements. 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 purpose 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 property of
Lessee.
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8. AUTOMATIC CANCELLATION: It is understood and agreed that voluntary or
involuntary filing of bankruptcy, or assignment for the benefit of creditors, or any other act of
insolvency by or on behalf of the Lessee shall automatically cancel this Lease, and Lessor shall be
entitled to immediate possession of the leased premises.
9. DAMAGE OR DESTRUCTION: If the premises herein leased shall be destroyed
or shall otherwise become reasonably untenantable for its business 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. However, if at any time during the term of this Lease the building/structure located
upon the above demised premises shall be destroyed to the extent of fifty percent (50%) or more
of the replacement cost of the building/structure located upon the above demised premises, the
Lessor may elect to terminate the Lease as of the date of such damage or destruction by written
notice of Lessee, and Lessor shall thereafter be under no obligation to restore, repair or rebuild
said building/structure or premises.
10. GLASS: Lessee agrees to replace all broken or damaged glass caused by the act or
omission of the Lessee, Lessee's employees, agents or guests during the term of this Lease;
provided that said glass used as replacement must be of the same quality as that which was broken
or damaged.
11. UTILITIES; CITY ASSESSMENTS: During the full term of this Lease, Lessee
shall furnish and promptly pay for all heat/air conditioning for the said premises and shall pay for
all other water, gas, electricity, power and other utilities used in or about said premises at Lessee's
own cost and expense. Lessee shall pay all water and trash assessments.
12. FIRE HAZARDS: The Lessee shall not do anything in the premises or bring or
keep anything therein which will increase the risk of fire, or which will conflict with the regulations
of the fire department or any fire laws, or with any fire insurance policies on the building/structure,
or with any rules or ordinances established by the Board of Health, or with any municipal, state or
federal laws, ordinances or regulations.
13. RIGHT OF INSPECTION: Lessor shall have the right to enter the demised
premises at any reasonable time to examine the same and to determine the state of repair or
alterations, which shall or may be necessary for the safety and preservation of the premises.
14. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the
premises hereby leased nor permit any waste or damage to be done thereto.
15. LIABILITY: Lessor shall not be liable for any injury or damage which may be
sustained by any person or property of the Lessee or any other person or persons resulting from
the condition of said premises or any part thereof, or from the street or subsurface, or from any
other source or cause whatsoever, nor shall the Lessor be liable for any defect in the
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building/structure on said demised premises, latent or otherwise, and Lessee agrees to indemnify
and hold harmless Lessor from such liability.
16. LIABILITY INSURANCE: Lessee shall maintain a comprehensive liability
insurance policy covering the above -demised premises during the term of this Lease with a
responsible insurance company, all at the sole cost and expense of Lessee, in the names and for
the benefit of Lessee and Lessor in the following minimums:
General Aggregate Limit (other than products/
Completed Operations) $1,000,000.00
Products/Completed Operations Aggregate Limit $1,000,000.00
Personal and Advertising Injury Limit $500,000.00
Each Occurrence Unit $500,000.00
Fire Damage $100,000.00 any one fire
Medical Expense Unit $5,000.00 any one person
or, in the alternative, $1,000,000.00 single -limit coverage with $2,000,000.00 aggregate. Lessee
shall furnish Lessor with a certificate of such liability insurance stating that said insurance is in
full force and effect during the term of this Lease or any extension thereof
17. FIRE AND EXTENDED COVERAGE INSURANCE: Lessee shall be obligated
to maintain fire and extended coverage on the building/structure located on the above- described
premises for the full insurable value thereof naming the Lessor as the insured. Lessee shall provide
Lessor with proof of such insurance coverage showing that the insurance is in full force and effect
during the term of this Lease.
Lessee may maintain fire and extended coverage on the contents and personal property of Lessee
located with said building/structure, as Lessee desires, but Lessor shall be under no obligation to
maintain any fire or extended coverage insurance on those contents or personal property of Lessee.
18. CONDEMNATION: If the entire premises, or a substantial part thereof, are
condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time
possession is taken.
19. SURRENDER OF POSSESSION: Lessee agrees to surrender possession of said
leased premises to Lessor at the expiration of this Lease, or any extension thereof, at once and
without requirement of notice, quit the said premises and surrender the same to the Lessor in the
same condition as when the same were entered into by Lessee, wear and tear, reasonable use and
occupancy and damage by the elements excepted.
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20. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of
each and every one of the conditions of this Lease is expressly made the essence of this Lease.
If Lessee fails to make any payment, or fails to perform any other obligation imposed by this Lease,
this shall constitute a default hereunder, and Lessee shall have ten (10) days to cure that default,
or if the condition cannot be corrected within the ten (10) day period, Lessee shall have a
reasonable time to complete the correction, but if Lessee shall fail to cure that default within the
ten (10) days or a reasonable time frame, after the Lessor has served written notice upon Lessee of
said default indicating the manner in which Lessee is in default, Lessor may elect to enforce the
terms and conditions of this Lease by any other method available in this Lease under the law, or
Lessor may declare a forfeiture of the Lease by providing fifteen (15) days' notice to Lessee of
Lessor's intent to do so, or Lessor may immediately, and without further notice or demand upon
Lessee, shall have any or all of the following rights and options:
(a) To specifically enforce this Lease by suit in equity;
(b) To declare this Lease null and void, forfeited and terminated, as of the date of the
breach, and to enter and repossess said premises.
(c) To mitigate Lessor's damages occasioned by Lessee's default by retaking
possession of the leased property and reletting same, or any portion thereof, to other
Lessees.
If Lessee shall fail to surrender possession of the demised leased premises to Lessor, upon demand
by Lessor, the Lessee shall be deemed guilty of an unlawful and forcible detention of said lease
property. If Lessee shall abandon or vacate said leased property, or if this Lease be terminated for
breach of any of the covenants and agreements herein contained, Lessee hereby agrees to pay all
reasonable expenses incurred by Lessor in obtaining possession of said leased premises from
Lessee, including reasonable legal expenses and attorney's fees, and to pay such other expenses as
the Lessor may incur in putting the leased premises in good order and condition as herein provided,
and also to pay all other reasonable and necessary expenses or commissions paid by Lessor in re-
leasing the leased property. In the event of notification of default by Lessor to Lessee and Lessee
does in fact cure such default, then and in that event Lessee shall pay, in addition to all arrearages
as existing under the notice of default, the reasonable attorney's fees incurred by Lessor in
determination of the default and the notification to the defaulting Lessee.
The foregoing rights and remedies are not intended to be exclusive, and all parties shall have any
and all other remedies permitted in law or equity. The rights and remedies of the parties are not
intended to be mutually exclusive except to such extent that they are inherently and necessarily
contradictory, and it is intended that all permissible remedies and rights may be exercised
concurrently or successively, or both.
21. ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms
or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties
hereto, the successful party to such action or collection shall be entitled to recover from the losing
party a reasonable attorney's fee, together with such other costs as may be authorized by law.
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In case suit shall be brought for an unlawful detainer of the said premises because of the breach of
any other covenant herein contained on the part of Lessee to be kept or performed, Lessee shall
pay to Lessor all costs, expenses and attorney's fees which shall be incurred by Lessor in enforcing
the covenants and agreements of this Lease.
22. NOTICES: A11 notices required to be given to each of the parties hereto under the
terms of this Lease shall be given by depositing a copy of such notice in the United States mail,
postage prepaid and registered or certified, return receipt requested, to the respective parties hereto
at the following address:
LESSOR: City of McCall
216 E. Park Street
McCall, Idaho 83686
LESSEE: McCall Community Center
PO Box 2169
McCall, Idaho 83686
or such other address as may be designated by writing delivered to the other party. All notices
given by certified mail shall be deemed completed as of the date of mailing except as otherwise
expressly provided herein.
23. REPRESENTATIONS: It is understood and agreed by and between the parties
hereto that there are no verbal promises, implied promises, agreements, stipulations,
representations or warranties of any character excepting those set forth in this Lease.
24. BINDING EFFECT: The provisions and stipulations hereof shall inure to the
benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the
respective parties hereto.
25. RECORDING: The parties hereto agree that they will not record a copy of this
Lease, Lessee's occupancy of said premises being notice of Lessee's interest therein, and the
recording of said Lease by Lessee shall, at the option of Lessor, constitute a default in the terms
and conditions hereof
26. SITUS: This Lease is established and accepted by the Lessee under the laws of the
State of Idaho, and all questions concerning its validity, construction and administration shall be
determined under such laws.
27. HEADINGS: The bolded paragraph headings are for convenience only and are not
a part of this Lease and shall not be used in interpreting or construing this Lease.
28. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason,
invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable
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and carried into effect, unless to do so would clearly violate the present legal and valid intentions
of the parties hereto.
IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Agreement the
day and year first above written.
LESSOR:
CITY OF McCALL, IDAHO
Jackie Aymdn, Mayor
ATTEST:
1C
BessieJo Wegner, Citylerk
STATE OF IDAHO )
:ss:
County of Valley )
On this l4- day of _, 2011 before me, the undersigned Notary Public, in and for said State,
personally appeared Jackie J. Aymon and BessieJo Wagner, known to me to be the Mayor and
City Clerk, respectively, of the City of McCall, a municipal corporation of the State of Idaho, 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.
(SEAL)
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December 14, 2017
Notary • u •' is daho
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LESSEE:
McCALL SENIOR CITIZENS, INC.
resident
b4.+16'ilk_a.,
STATE OF IDAHO )
:ss:
County of Valley )
On this 17 day of , 2010 before me, the undersigned Notary Public, in and for said State,
personally appeared Gail Melvin known to me to be the President of the McCall Senior Citizens Inc.,
an Idaho corporation, 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.
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