HomeMy Public PortalAbout2000.07.20 Land Lease Deinhard and Thula St.LEASE AGREEMENT BETWEEN McCALL FIRE PROTECTION
DISTRICT AND THE CITY OF McCALL
The undersigned, McCall Fire Protection District, a governmental subdivision of the State
of Idaho, and a body politic and corporate, hereinafter referred to as the District, and the City of
McCall, a municipal corporation of the State of Idaho, hereinafter referred to as the City, enter
into this agreement for a lease of certain properties hereafter described upon the terms and
conditions hereinafter set forth.
ARTICLE I
THE PREMISES
The Premises: The City holds fee simple title to the premises to be leased, which are
described on Exhibits A and B attached hereto. The attached descriptions shall hereinafter be
referred to collectively as "The Property". Exhibit C depicts a plat of the legal descriptions
involved, referenced as Parcels E and F thereon.
ARTICLE II
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
Representations and Warranties of the City: The City represents and warrants to the
District as follows:
A. The City is a municipal corporation of the State of Idaho, duly organized, validly
existing and in good standingunder the laws of the State of Idaho.
B. The execution and delivery of this agreement by the City, and the performance of
the transaction as contemplated herein, have been duly authorized by all requisite actions and
proceedings, including the action of the City Council of the City.
C. Neither the execution and delivery of this Lease, nor the performance and
compliance with the transactions and provisions hereof by the City will violate any provision of
law, any order of any Court or other agency of the Government, the provisions of the ordinances
of the City, or of any indenture, mortgage, lease, agreement or other instrument to which the City
is a parry or to which it or any of its property is bound or affected, nor will be in conflict with,
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nor result in any breach of any of the terms of law, the ordinance, or terms and conditions of or
constitute (with due notice or lapse of time or both) a. default under, any such law, ordinances,
indenture, mortgage, lease, agreement or other instrument.
Representations and Warranties of District: District represents and warrants to the City
as follows:
A. District is a duly constituted governmental subdivision of the State of Idaho, and a
body politic and corporate. The District intends to use the property for a fire station and the
access from Deinhard and Thula for fire and EMS response purposes within the District. This
will entail some limited traffic control at the point of access in conformance with Title 49, Idaho
Code and regulations promulgated thereunder.
B. The execution and delivery of this agreement by the District, and the performance
of the transaction as contemplated herein, have been duly authorized by all requisite actions and
proceedings, including the actions of the Board of Commissioners of the District.
C. Neither the execution and delivery of this Lease, nor the performance and
compliance with the transactions and provisions hereof by the District will violate any provision
of law, any order of any Court or other agency of the Government, or of any indenture, mortgage,
lease; agreement or other instrument to which the District is a party or to which it, or any of its
properties is bound or affected, nor will the Lease be in conflict with nor result in any breach of
the terms, conditions or provisions of, or constitute (with due notice or lapse of time or both) a
default under, any indenture, mortgage, lease, agreement or other instrument.
D. The District understands and agrees that while during the term of this Lease the
City will retain ownership of the premises (the District owning the structure to be built thereon),
the City shall have no liability whatsoever for any use or condition of the premises. During the
term of this Lease the District shall maintain insurance in amounts acceptable to the City and
shall defend, indemnify, and hold the City, its officers, employees and agents harmless for any
injuries to persons or property which occur on or around the premises or which result from the
District's use or lease of the premises.
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a
ARTICLE III
LIENS AND ASSIGNMENTS
District agrees not to permit any security interest in the real property, nor to allow any
mechanics, materialmen's or other liens to be filed against said real property, and if so filed shall
have reasonable time in which to cause them to be discharged.
District shall have no right to assign any interest in the Lease, nor to sublet any of the
leased premises without the prior written consent of the City.
District shall have possession under this Lease if and when approved by the City Council
of the City.
ARTICLE IV
MISCELLANEOUS
Each party hereto represents and warrants to the other party hereto that, there is no claim
of brokerage commissions or finder's fees in connection with the transaction contemplated by
this agreement resulting from any action taken by such party. In the event any such claims are
asserted, each party hereto will pay, be responsible for, and hold the other party hereto harmless
from any obligation or liability due or to become due to any broker or finder on the basis of any
arrangement or agreement allegedly made by or on behalf of such party.
Except as otherwise provided herein, each party hereto shall pay his or its own legal and
other expenses incidental to this agreement and the transactions contemplated hereby whether or
not such transaction shall be consummated.
Any notice, request or other communication required or permitted to be given hereunder
to any party shall be validly given, made or served, if in writing, and delivered personally or sent
by certified mail, postage prepaid, (i) if to the city, addressed to the attention of its City Clerk, at
P. O. Box 986, McCall, Idaho 83638, or (ii) if to the District addressed to its Chairman at P. O.
Box 1597, McCall, Idaho 83638, or to such other persons or addresses as the parties may from
time to time designate.
This agreement may be executed in any number of counterparts, and, together with the
Exhibits hereto, contains the entire agreement between the parties hereto with respect to the
transaction contemplated hereby, and may not be changed, modified or amended, except in
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writing signed by the City and the District. This agreement shall be binding upon and inure to
the benefit of the successors and assigns of the parties.
This agreement shall be governed by and construed in accordance with the laws of the
State of Idaho.
ARTICLE V
TERM OF LEASE AND CONSIDERATION
The Lease term extends from the date of execution hereof for ninety-nine (99) years. The
District shall pay to the City annually on or about October 1st of each year of such lease One
Dollar ($1.00) in legal tender for rent in advance for the ensuing fiscal year. ,Iri addition, the - j
T�-__ __ _
\Distriet agrees that at the City's sole option the City may eleet to purchase the District's current
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`property, more particularly described in_Exhibit D,_ at a_price-representing_replacement value as
cestablished by a mutually agreed upon appraiser, or; -altematively; -the parties agree to sell such
property to a third party _andthe_City shall retain_a percentage of_the proceeds_proportonate to its-p
"interest the _prop ierty_._ = .:7
ARTICLE VI
RESOLUTION
That a copy of Resolution No. I ,// , passed and approved the / .3(f 4 day of
/
2000, by the Mayor and Council of the City of McCall, is attached hereto as Exhibit E and each
and every provision thereof is by the reference made a part of this Lease as if fully set forth at
length herein.
IN WITNESS WHEREOF, the McCall Fire Protection District has caused this
Agreement to be signed by the Chairman of its Board of Commissioners, the ,, '` day of
, 2000.
l
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McCALL FIRE PROTECTION DISTRICT
By /
Robert Kirk, Chai
2000, pursuant to a duly adopted Resolution of said City.
CITY OF McCALL
all
Allen Muller, Mayor
ATTEST:
Cathleen Koch, City Clerk
ATTEST:
Marvin Heikkila, Secretary
The above and foregoing proposal has been accepted this -�da of / ���
g gP P P 1�� Y f
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STATE OF IDAHO )
) ss.
County of Valley )
it -
On thisZ� day of r
, l�� y , 2000, before me 'R6 b eta K t 4--
the undersigned Notary Public in and for said State, personally appeared ROBERT KIRK, known
or identified to me to be the Chairman of the McCall Fire Protection District, and acknowledged
to me that he executed the within instrument for and on behalf of said District.
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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STATE OF IDAHO
) ss.
County of Valley
On thisi: day o
the undersigned Notary Pub
known or identified to me to
, 2000, before me� \
for said State, personally appeared ALLEN MULLER,
ayor of the City of McCall, Idaho, and acknowledged to me
that he executed the within instrument for and on behalf of said City.
e the
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written. ,���,.,n..,h
40 a 9.
AR X
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Notary Pulilisx r Ida
Residing at:S
My Commissfi rg e
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O-
RESOLUTION NO.A)1
A RESOLUTION APPROVING A LEASE BY AND BETWEEN THE CITY OF
McCALL, AND THE McCALL FIRE PROTECTION DISTRICT; MAKING CERTAIN
FINDNGS OF FACT; AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AND
ATTEST SAID LEASE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of McCall duly advertised a proposed
agreement to be considered at its regularly scheduled council meeting of
2000, concerning a proposal of the McCall Fire Protection District to lease from the City certain
tracts of land owned by the City comprising a part of the City owned Municipal Airport at the
corner of Deinhard and Thula Street, in the City of McCall; and
WHEREAS, notice of such meeting was duly published in the Central Idaho Star News,
the official publication of said City; and
WHEREAS, the City Council hereby makes the following findings in support of a
decision to lease such property for a term of ninety-nine (99) years, as follows:
(A) That such property is not now or in the foreseeable future needed for City
purposes.
(B) The District does provide a valuable service to the area and the community by
furnishing fire protection service to the public who reside both inside and outside of the
corporate limits of the City of McCall, a substantial portion of which property is in the McCall
Area of City Impact as established by law and, which area is likely over the term of such lease to
be annexed in to the City.
(C) The purpose of the lease is to provide land upon which the District shall build and
construct a new Fire Station wherein to store fire trucks, fire fighting equipment, house fire
fighters, and provide space for training purposes.
(D) The District shall pay to the City annually on or about October ls` of each year of
such lease the sum of One Dollar ($1.00).
RESOLUTION NCO)/ - Page 1
(E)
the District.
(F) The City Council hereby finds that due notice of the proposal to enter into a Lease
has been given to the public, and that a noticed meeting has been had thereon and that based on
the findings of fact herein made, the City Council has determined that the proposed Lease is in
the best interest of the public.
WHEREAS, the Council, upon motion duly made, seconded and carried, approved the
content of the proposed Lease.
NOW, THEREFORE, be it resolved by the Mayor and Council of the City of McCall,
Idaho:
Upon the expiration of such Lease, title to said structure shall remain an asset of
Section 1. That the proposed Lease, by and between the City of McCall and the
McCall Fire Protection District, a copy of which is hereunto annexed and incorporated herein by
reference, be and the same is hereby approved both as to form and content.
Section 2. That the Mayor and City Clerk be and they are hereby respectively
authorized to execute and attest to said proposed Lease on behalf of the City of McCall.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
Adopted and approved this ;Aday of����.%% ':! , 2000_
1 /
CITY OF McCALL
Allen Muller, Mayor
ATTEST:
Cathleen Koch,-Aetizg City Clerk
RESOLUTION NO.66 W- Page 2
THOMAS W. KERR
PLS 998
KERR SURVEYING
PO BOX 853
MC CALL, IDAFiO 83638
208-634-2686
April 8, 1997
DEINHARD RIGHT-OF-WAY
PARCEL E
JOEL W. DROULARD
PLS 5357
A parcel of land situate in the SEA of the NWT of Section 16,
T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more
particularly described as follows:
Commencing at a brass cap marking the CW 1/16 Corner of Section 16,
T. 18 N., R. 3 E:, B.M., City of McCall, Valley County; Idaho;
thence,'N. 00° 28' 08" E., 291.66 feet along, the west boundary of
said SEA NWT, S. 89° 47' 16" E., 58.25 feet to the east right-of-
way line of Deinhard Lane, the REAL POINT OF BEGINNING:
Thence, continuing S. 89° 47' 16" E., 206.52 feet to the west
right-of-way line of Thula Street,
thence, S. 00° 19' 56" W., 263.94 feet along said Thula Street
right-of-way line to the north east right-of-way line of
Deinhard Lane,
thence, 244.68 feet along a non -tangent curve to the right
whose long chord bears N. 48° 42' 13" W., 231.07 feet,
whose delta angle is 66° 45.' 30" and radius is 210.00
feet along said right-of-way,
thence, N. 15° 19' 28" W., 97.56 feet along said right-of-way,
thence, 18.87 feet along a curve to the left whose delta angle
is 03° 43' 43" and radius is 290.00 feet to the Point of
Beginning, containing 0.918 acre, more or less.
Bearings based on State Plane Grid Azimuth.
EXHIBIT "A"
THOMAS W. KERR
PLS 998
KERR SURVEYING
PO BOX 853
MC CALL, IDAHO 83638
208-634-2686 .
April 8, 1997
DEINHARD RIGHT-OF-WAY
PARCEL F
JOEL W. DROULARD
PLS 5357
A parcel of land situate in the SEy of the NW'-li of Section 16,
T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more
particularly described as follows:
Commencing at a brass cap marking the CW 1/16 Corner of Section 16,
T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, the
REAL POINT OF BEGINNING:
Thence, N. 00° 28' 08" E., 206.18 feet along the west boundary
of said SE'TI NWT to the south west right-of-way line of
Deinhard lane,
thence, S. 15° 19' 28" E., 49.85 feet along said right-of-way,
thence, 196.75 feet along a curve to the left whose delta
angle is 38°52'18" and radius is 290.00 feet along said
right-of-way to its intersection with the south boundary
of said SE'1 NWT,
thence, N. 89° 47' 16" W., 124.90 feet to the Point of
Beginning, containing 0.210 acre, more or less.
Bearinas based on State Plane Grid Azimuth.
EXHIBIT "B"
to
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-2.12'
Pctrcel C 64.00'
\ 0.072
b, acre
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\ 0.075 0
( 264.00' )
S 89'47'16" E 264.53'
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200.53'
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0.460 acre
N
o Parcel D
5.75'
200.77'
C4 N 89' 47' 16" W 206.52'
z
11.
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CCim 1
40'
1
0.647\acre
Parc l A
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0.918 acre
Parcel E
4rn
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0.210
acrf:
Parcel F
CW V16
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12 85.79'
N 89' 47' 16 W 265.46'
( 264.00' )
54.78' (N4
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Reinhard
A tract of land 35 feet by approximately 28.6 feet immediately
adjacent to the present City Fire Station, on.the east side
thereof situate on the.following described tracts in McCall,
Valley County, Idaho.
Book 21 j Paige 29; Beginning at a point: on the south side of Park
S::•eet in McCall I.:here. the east line off' Second Street projected
i_:ersects the said south side line of Park Street; thence running
-long said south side line of Park Street N 77°45►E, 67.7 feet;
Thence S 12°151E, 45.5 feet to an intersection with the west side
oundaryi line of the right-of-way of the Idaho Northern Railroad;
:Zence along west boundary line of the right-of-way in south-
westerly direction 90.5 feet more or less; thence N 12°15►W, 105.5
feet; to the place of beginning.
•
Book 18, Page 4:56. A certain tract located in the NE?SW of Sec-
tion 9, T.1E3H. ,R.3E. ,B.M. , Beginning at a point on the east end
where Park Street meets the railroad right-of-way running in west
direction along Park street for 52 feet; thence in southerly dir-
ection for 46 feet to where line meets.railroad right-of-way; thence
in northeasterly direction along west boundary of railroad track for
a distance of 69 feet to the point of beginning, .forming a triangu-
lar piece of land.
For a more precise area and location see Plans and Specifications
prepared by Frank Volt: dated June 15, 1984.
Harper Appraisal Service
Residential - Recreation
Bare Land -- Estate Planning
Box 731, Lake Fork, Idaho, 83635
LIMITED APPRAISAL REPORT
For
MCCALL RURAL FIRE DEPARTMENT
MCCALL RURAL FIRE DEPARTMENT BUILDING
300 PARK STREET
MCCALL, IDAHO
83638
LIMITED APPRAISAL REPORT
PROPERTY APPRAISED
300 Park Street
McCall, Idaho
83638
EFFECTIVE DATE OF "AS IS" VALUE
October 26, 2000
METHOD USED TO ESTIMATE VALUE OF SUBJECT PROPERTY:
This report is an update of a "Limited Appraisal' preformed by this office in February
1995, for the McCall Rural Fire Department. Recent inspection of the subject property
indicates no additions or significant upgrades or remodeling of the structure has
occurred since the date of original appraisal. The subject property has been
continuously maintained and is in similar condition as 1995 appraisal. No deferred
maintenance is apparent.
Value for the subject is estimated by applying the "Cost Approach" only. No attempt
has been made by this appraiser to determine value using the "Sales Approach" nor
the "Income Approach" , as per instructions from the client. ( McCall Rural Fire
Department)
Cost information sources: Marshall & Swift Valuation Service.
PURPOSE OF APPRAISAL
The purpose of this Appraisal Report is to estimate the replacement value of the
structure only, located at the above mentioned location.
Appraisal does not include estimated value for the land on which the building is
located or specialized equipment, on site, that is the property of McCall Rural Fire
Department.
Also excluded in this report is consideration for the adjoining building (to the west)
which is the property of the McCall City.
Report is intended for use of the client (McCall Rural Fire Department ) only and is not
intended for use by any other agents or parties.
PROPERTY RIGHTS APPRAISED
The purpose of this report is to estimate the replacement cost of the physical structure
only. The estimate of value does not address or consider any valuation of property
ownership of rights or consider site value. for the purpose of this report the structure is
considered personal property.
NEIGHBORHOOD COMMENTS:
The McCall area is a recreational community located approximately one hundred
miles north of Boise Valley. Many of the home owners in this recreational community
are from out of the area and use their homes on weekends and during the summer
months. The area offers year around recreational opportunities including boating and
on the three Payette Lakes and Cascade Reservoir. There are three golf courses in the
area. Brundage Mountain Ski Area is near by and extensive snowmobile trails offer
excellent winter activities. Subject is located with in the "walking corridor" for the
central portion of McCall. Surrounding buildings include City hall, City Library, bank
buildings and other office buildings
DESCRIPTION OF SUBJECT OF PROPERTY:
Subject is located with in the city limits of McCall. Location is approximately one block
west of 3rd Street and one block south of Lake Street. All city services are connected
to the structure.
Building is a two story block and frame structure, with flat sealed roof.
Structure was built in 1982 and appears to have been well maintained.
The ground level portion of the building is used for fire truck and equipment storage.
The second level houses meeting room, offices, kitchen area and bathroom.
A two story, fire hose, drying rack is attached to the rear of the building.
SUMMARY OF IMPORTANT FACTS FOR SUBJECT PROPERTY
LEGAL DESCRIPTION Tax # 151, Gov't Lot 3, McCall Acreage,
T18N, R3E, Sec 9
PROPERTY PHYSICAL ADDRESS 300 Park Street, McCall, Idaho, 83638
ZONING General Commercial
GROUND LEVEL SQ FT 1474 sq ft
SECOND LEVEL SQ FT 1412 sq ft
DEFINITIONS:
Cost Approach: Approach through which an appraiser derives a value indication of fee
simple interest in a property by estimated the current cost to construct a reproduction of
or replacement for the existing structure, deducting for all evidence of accrued
depreciation from the cost new of the value plus an entrepreneurial profit. Adjustments
may be made to the indicated fee simple value of the subject property to reflect the
value indication of the property interest being appraised. The replacement cost
method is used in this estimate. Cost Approach method is this appraisal does not
include and special equipment or fixtures attached to structure.
* The Dictionary of Real Estate Appraisal: Second Edition: American Institute of Real
Estate Appraisers.
Source of definition of Cost Approach
ESTIMATED REPLACEMENT COST
(Using segregated cost method)
GROUND FLOOR
Concrete Slab Flooring
Cinder Block Exterior Wall
Cedar Siding
Wood Truss Roof &
Waterproofing
Fire Hose Drying Rack
Electrical
Partition Wall
(2x4 studs & sheet rock)
Stairway
Exterior Doors
Overhead Electric Doors
FA Gas Heating System
SECOND FLOOR
2 @ $330 =
2 @ 3,990 =
2 @ $2,100 =
1474 Sq ft @ $ 5.47 = $8,063
2198 Sq ft @ $ 11.88 = $26,103
1806 Sq ft @ $ 3.73 = $6.732
1474Sgft @ $6.52=
480 Sgft@$12.10=
1474Sgft@$3.59=
$9.610
$5.808
$5.292
465 Sq ft @ $2.15 = $907
$2.000
$660
$7, 980
$4, 200
GROUND FLOOR TOTAL $77,355
Exterior Concrete Block
(west wall )
Exterior Frame Walls
Perimeter Walls
( sheetrock & finish )
Exterior Wall Insulation
Exterior Cedar Siding
Ceiling Insulation
Ceiling Sheet Rock & Finish
Interior Partitions
Electrical
Heating ( Elec. Baseboard )
Plumbing
Windows
Carpet
Vinyl
567 Sq ft @ $ 11.88 =
1231 Lin ft @ $1.55 =
1231 sq ft @ $1.50 =
1231 Sq ft @ $4.36 =
1231 Sq ft @ $3.73 =
1412Sgft@$1.55=
1412Sgft@$1.07=
127 Lin ft @ $ 45.31 =
1412Sgft@$6.16=
1412Sgft@$2.49=
1412 Sq ft @ $3.50 =
135Sgft$15.75=
1200Sq ft @ $8.40 =
274 Sq ft @ $2.50 =
$6, 736
$1,908
$1, 846
$5, 367
$4, 592
$2,189
$1.511
$5,734
$8.698
$3.516
$5, 337
$2,126
$10,800
$685
SECOND FLOOR TOTAL $61,038
KITCHEN FIXTURES
Waterheater $825
Range, Hood & Fan $1.100
Dishwasher $522
Sink $330
Cabinetry $2,257
RESTROOM & SHOWERS
Water Closet
Showers
Sink
Urinal
2 @ $577
$412
$1,155
$330
$830
FIXTURE TOTAL $7,761
REPLACEMENT COST OF STRUCTURE
Replacement Cost of First Floor $77,355
Replacement Cost of Second Floor $61,038
Replacement Cost of Kitchen &
Bathroom Fixtures $7,761
CURRENT & LOCAL COST MULTIPLIERS
($140.797 X 1.07 )
LESS DEPRECIATION OF 6%
TOTAL $146,154
_ $156.385
-$9,384
ESTIMATED VALUE OF SUBJECT $147,000
(rounded to nearest thousand )
SKETCH ADDENDUM
Borrower
File No.
Properly Address 300 Park Street
City McCall County
Lender/Client McCall rural Fire Dept
Valley State ID Zip Code 83638
Address 300 Park Street, MCCall,ID 83638
MacAppraiser' Real Estate Appraisal Software by Bradford and Robbins (800) 622-8727.
DEPRECIATION OF SUBJECT :
Subject has been well maintained and is in good condition. Effective age of the
building is estimated to be 7 years. Depreciation is calculated at 6%.
CONDITIONS OF APPRAISAL:
Subject structure is appraised in "As Is " condition.
RECONCILIATION & FINAL VALUE ESTIMATE:
This is a Limited Appraisal Report as requested by the client, McCall Rural Fire
Department. Appraisal does not include site on which structure is situated nor the
adjoining building to the west, which is owned by McCall City.
As previously the Sales Approach & the Income Approach are not considered.
EFFECTIVE DATE OF APPRAISAL REPORT
October 26,2000
Based on physical inspection of the subject property and analyses of the building
material used for structure, it is my opinion, replacement cost for the materials only, not
including labor costs, is,
ESTIMATED VALUE FOR SUBJECT
$147,000
ONE HUNDRED FORTY SEVEN THOUSAND DOLLARS
Respectfully
C poi Lungren
Ia ho State Licensed Appraiser #359
Dated November 16, 2000
SKETCH ADDENDUM
Borrower
File No.
Property Address 300 Park Street
City McCall County
Valley State ID Zip Code 83638
Lender/Client McCall rural Fire Dept Address 300 Park Street, MCCall,ID 83638
MacAppraiserT01 Real Estate Appraisal Sottware by Bradford and Robbins (800) 622-8727.
SUBJECT PHOTO ADDENDUM
Borrower
File No
Property Address
City
Lender/Client
County
Address
State
Tip Code
FRONT OF
SUBJECT PROPERTY
Address
Appr. Date
Appr. Value
Site
View
Dsgn/Ap7
Const/Qtty
Age
Sq Ft
Total Rms
Bedrooms
Baths
Basememt
Garage
Fireplace
REAR OF
SUBJECT PROPERTY
SUBJECT PHOTO ADDEivv43NI
Borrower
Ale No
Property Address
City
County
State
Zip Code
Lender/Client
Address
/I
r;-
SUBJECT PHOTO ADDENDUM
Borrower
File No.
Property Address
City
Lender/Client
County
Address
State
Zp Code
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