HomeMy Public PortalAbout 1986-1998 Lease with Option to Buy, Warranty Deed and Reconveyance of Deed Park and ThompsonDEED OF RECONVEYANCE
MOUNTAIN TITLE & ESCROW COMPANY, INC.
an Idaho Corporation, as TRUSTEE in the Deed of Trust executed by
THE CITY OF MCCALL
As Instrument No.154088, Mortgage records of VALLEY County, Idaho, pursuant to the written request of the
beneficiary, does hereby GRANT AND RECONVEY unto the Parties entitled thereto, without warranty, all the estate
and interest derived to it by or through said Deed of Trust, in the lands therein described.
The Corporate name subscribed by its President and attested by its Secretary is pursuant to a resolution authorizing the
execution of this reconveyance duly adopted by its Board of Directors.
Dated: January 5, 1998
MOUNTAIN TITLE & ESCROW COMPANY, INC., TRUSTEE
Attest:
_�•u��
.�� .. _ _
Leonid I,, Cole, Jr. Preside/j
�•
Colleen L. Cole Secretary
STATE OF IDAHO }
COUNTY OF VALLEY }
On this 5th day of January, 1998, before me, Karen L. Thurston a Notary Public in and for said State, personally
appeared Colleen L. Cole, known to me to be the secretary of the corporation that executed the within instrument or
the person who executed the instrument on behalf of said corporation, 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.
�1
Karen L. Thurston, Notary Public
Residing at Cascade, Idaho
Comm. Expires: 7-10-20Q.301 1T ',"4.,,,
• • • O%
4471 tOTAR1,6;
• •
2
* �.� i*
• . PUBLIC :• • •
N� ••• •••••• .#e
•'9r.....
O F 1•v ;soQ'�°°••
Commission expires July 10,
Recording Stamp
7x.p�co
r �� r7 oo
co, 7, C
carrn -c
sr..?»w
r-1 _, a
CO rn a-
:,w,.... OD
t Y`3
IN
r,� N
fp
cst
t 2 '
! C
TH OMPSON
AVC.
12.v
L r
LOT d
TNT
United States
Department of Agriculture
SUPPLEMENTAL LEASE AGREEMENT
ISupplemental Agreement (Date
INo, 1 I 1-2B-87
ITo Lease No.
I 57-84M18-2-0051
Address of Premises
Park Street and OLd Highway 15, McCaLL, VaLLey County, Idaho 83638
THIS AGREEMENT, made and entered into this date by and between The City of McCall
whose address is P.O. Box 1065
McCaLL, Idaho 83638
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called
the Government:
WHEREAS, the parties hereto desire to amend the above Lease.
NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and
agree that the said Lease is amended, effective January 1. 1887 , as follows:
To acknowledge change in ownership due to lease/ purchase of the property from Jack
Seetin & Jeanette M. Seetin Standard Form 2 is changed to read as follows:
3. The Government shall pay the Lessor annual rent of $18,500.00 et the rate of
$1.625.00 per month in arrears. Rent for a Lesser period shall be prorated. Rent
checks shall be made payable to: City Treasurer
City of McCaLL
P.O. Box 1065
McCaLL, ID 83638
All other terms and conditions of the lease shall remain in force and effect.
IN WITNESS WHEREOF, the parties subscribed their names as of the above date.
LESSOR
By
In Pres
[Title)
g e/«
".8
7R d_ r-c2-6P, l.P eda'eo
nature] [Address)
UNITE STATES OF 77RI�A
By
I [SignatureT—
USDA D ' 68-1176
Contracting Officer
[Official Titiel
AD Form 276 [Rev. B/85)
WARRANTY DEED
the grantor s , do
For Value Received , W. O. J. SEETIN and JEANETTE M. SEETIN,
husband and wife,
hereby grant, bargain, sell and convey unto THE CITY OF McCALL,
an Idaho municipal corporation,
the grantee , whose current address is P.O. Box 1065, McCall, ID 83638,
the following described premises, in
Valley County Idaho, to -wit:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF AS IF SET FORTH
IN FULL HEREIN.
SUBJECT, HOWEVER, TO EXCEPTIONS AS SET FORTH ON EXHIBIT B ATTACHED
HERETO AND MADE A PART HEREOF AS IF SET FORTH IN FULL HEREIN.
------- _ f� '
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,
its successors &UM and assigns forever. And the said Grantor s do hereby covenant to and
with the said Grantee , that t he y arefhe owners in fee simple of said premises; that they are free
from allineumbranees except as set forth on Exhibit B attached hereto and made a
part hereof by this reference,
and that the y will warrant and defend the same from all lawful claims whatsoever.
Dated: January 1
, 1987.
W. 0 SEETIN
EANETTE M. S TIN
•
•
STATE OF IDAHO, COUNTY OF *BA lU 0-04L
On this `�� ( day of �ti-q.-11-r; 19��
before me, a notary public in and for the said State, per-
sonally appeared W. O. J. SEETIN and
JEANETTE M. SEETIN, husband and wife,
known to me to be, -the persons whose name s are
subscribed to the within sinstrumeni and acknowledged to
me tl} t they _ - executed the same.
STATE OF IDAHO, COUNTY OF Zleaec ,
I hereby certify that this instrument was filhd for record at
the request of 04U,,,„ph, 7;/-
at 0 c.2minutes past o'clock M.
this /3 �L`, day of /,P i' ' _ I ,
19P, in my office, and duly recorded in-Booli16
of Deeds adage _
Ex-Officio Recorder
By
Abu sxaiinussul
Public
Deputy.
EXHIBIT A
Tiro parcels of land situated in the NWISE} of Section 9, Township 18 north. Range
3 East of the Boise Meridian, Valley County, Idaho, being more particularly described
as follows:
Beginning at the HE Cornet of the Brown Tie and Lumber Camaany Tract; Thence along
the Fast baundarp of said tract, vaich.bears South 30'45' East, a distance of approxfmat
255 f4atZ.
Thence East 200 feet; • -- -•
Thence North 270 feet;
Thence West, appro-mitely 233 feet to -the East 1ine.o= Park Street; Thence slang
the East boundary of Park Street, - is a -Southwesterly direction. appro tely 82
feet to the Point of Beg{-1,141,g. _ --
--
aka Tam #104
AND
Starting at the Sid Corner of the said NW}SE:; _
Thence North 89'28' East, 241.11 feet to a point;
Thence North 30'45' West. 57 feet to a point; --
Thence Worth 89'28' East, 176 feet to a point;
Thence North 240 feet to the REAL POINT OF BEGINNING:
Thence.continae North, 90 feet to a point;
Thence East 90 feet to a point;
Thence North 240 feet to a point; .
Thence South 89'17' Wiest, 159.5 feet to a point;
Thence North 28'52' West, 56.7 feet to a point;
Thence South 61'08' West, 105 feet to a point;
Thence North 89'17' East, 62 feet to a point;
Thence South 360 feet to a point;
Thence Earth 89'28' East, 110 feet to a paint;
Thence North to the Real Point of Beg-+•- il-Iv.; SAVE AND EXCEPTING THE.R�OZi TEE FOLLOWI`iG:
Begir--erg at the SW Corner of THOMPSON— OOLET SUBDIVISION of the City of McCall;
thence North 200-8 feet to a point; thence West 600.79 feet along Thomason Avenue
of said subdivision, which point is the REAL POiiT OF BEGINNING; _
Thence South 180 feet to a point;
Thence East 90 feet to a point;
Thence North 180 feet to a point;
Thence West 90 feet to the Point of Beginning.
aka TAX r'108 A
A parcel of land situated in the bw}SE} of Sect_oa 9, Township 18
.North, Range 3 East of the Boise Meridian, Valley County, Idaho, being
more particularly described as follows:
Commencing at the SW Corner of said NWzSE;;.
Thence North 21'57' East, 451.03 feet to the intersection of Pars
Street; Thence in a Northeasterly direction along Paris Street, a distance
of 82 feet to the Real Point.o£ Beginning;
Thence East 233 feet to a -point;
Thence North 90 feet to a point;
Thence West 62 feet to the intersection -with Park Street;
Thence Southwesterly along Paris Street 194 feet to the Place of Beginning.
aka Tax #103.
pasano: uoasayp ababssow so psasasu! so span
ay asap ayp op so!sd pnq ioasa asap an!s�a
u! 5upoad+do swg 'papaw, 'Auo }! 'ssapsaw sa
-w! •pays!usn} sapioaJam Jo am:Loam I y
• ..sza AFtoTum ,mr7 A zo3
pupTAmsd sr uo Tuaa i rao mSromu3 so: 4ouucp aaTTri A susTi pus szasussassq -L
'Ta2 � Pad 'LE' tZ:�-S85T `?; Sr( d0 O OMit Ta-ara
: pouonb suuoas atra _c+ .i u177771/ca ssonsss s ardrmo
alu pur 'd•tao sasorsnd Trair"' 'uT `0S PwqsT0==r sT 5=TA0170S sra !ION
Ns rd. par sup zad uoa znq =TT s - =rad =subs cns pur
�9s5I sflz Szrm '9
•suawsswwo] s!yp Aq'
so4 psosas io sas!nbzt) pasnsu! pasodosd
noasgns 5ulypa440 so st)sopas P!lgnd ay
!op =Joni= •sa2uasowruua 'sua!l •ssZa;a(3
-spsooss a!!gnd ay Aq upnoys sou put) Mt)! Aq pasod
lauapaw st) yoga! •sap!nsas so} 'us!! o op ;Op .to 'us!! Au+y
•spsozas pugnd
ayp Aq u^soys sou ass yo!yon pus ops!p pinown sas!wasd ay :to uousadsu! puo Aansn's s3assoD o
Lp!yN. mai Auo pus •spuawyaaos2ua •aria u! a5assoys 'sou!! klopunoq u! ssp!lrsuoD 'salzuodasos!p
•spso�as D!lond ay dq umoys sou 'ssuawasoa ,to sus!olo so 'stu01.128503
'S
-E
'Z
•spsosas p!lgnd ayp hq uN.oys sou uo!ssassod u! sa!tsad io sw!op so s445lb •!
g IIUIHXU
LEASE AND OPTION TO PURCHASE
THIS LEASE AND OPTION TO PURCHASE (hereinafter "lease") is
made and entered into effective as of the first day of January, 1987, by and
among W. O. J. SEETIN and JEANETTE M. SEETIN, husband and wife
(hereinafter "Landlord") , and THE CITY OF McCALL, a municipal corporation of
the State of Idaho (hereinafter "Tenant") .
W I T N E S S E T H:
ARTICLE I
LEASED PREMISES
Landlord, in consideration of the rents hereinafter reserved and of
the covenants and agreements on the part of Tenant hereinafter set forth and
contained, by these presents, does demise and lease unto Tenant, and said
Tenant does hereby take and hire from Landlord, the real property and
improvements (hereinafter the "premises") , which said premises are described
on Exhibit A attached hereto and incorporated herein by reference, together
with all the easements, rights, privileges and appurtenances thereunto
belonging or in any way appertaining, and together with the building and
improvements, including parking facility improvements constructed thereon.
The improvements shall not include property of Tenant or the propane tank.
Tenant may, at its expense, cause a survey to be made of the real
property described in Exhibit A. If the survey conflicts with the description of
the real property described in Exhibit A, and Landlord, Tenant and Mountain
Title & Escrow, Inc. agree in writing that the survey is accurate and complete,
Landlord and Tenant shall take such action as may be reasonably required to
substitute and/or correct the description of the real property in this lease and
documents exhibited to or referenced in the lease.
ARTICLE II
TERM
TO HAVE AND TO HOLD the demised premises for a term of twelve
years, beginning on the first day of January, 1987, and ending on the thirty-
first day of December, 1996, unless sooner terminated or cancelled as
hereinafter provided, at the fixed net rental for the term of the lease in the
amount of THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300, 000 , 00) ,
payable in equal annual installments of TWENTY-FIVE THOUSAND AND NO/100
DOLLARS ($25, 000.00) , in advance, on or before the second day of January of
each year in the term set forth hereinabove, and such additional rental as is
hereinafter provided for, upon the terms, covenants, conditions and agreements
in this lease set forth. All amounts payable as rental shall be paid at the office
of the Landlord as set forth above or to such other person or persons and at
such other places and in such proportions as Landlord shall from time to time
designate by written notice to Tenant.
ARTICLE III
NET RENT
The term "net rent" as used herein shall, for all purposes, mean a
net return to Landlord of the amount thereof, undiminished by taxes, water
rents, sewer rents or charges, assessments or governmental charges or levies
of any -kind er nature whatsoever, and, undiminished by any cost or payment
for the maintenance, operation, repair, upkeep,, renewal, improvement,
alteration or reconstruction of the building and/or appurtenances thereto now or
at any time during the term of this lease. Nothing herein shall obligate Tenant
to pay any part of any franchise, inheritance, income or profits tax which is, or
may be, imposed upon Landlord, their successors, legal representatives or
assigns unless such taxes shall be levied upon the rents herein reserved in
place of or in the nature of taxes upon the demised premises.
ARTICLE IV
COVENANTS TO BE PERFORMED BY TENANT
Tenant covenants . as follows:
A. Payment of Net Rent: To pay said fixed net rent, and any
additional rental herein providedfor, punctually when due hereunder;
B. Late Payment: If rent is five days or more late, whether with or
without notice, Tenant shall pay, in addition to the rental due, interest on the
rental amount in arrears from the date it was due, at an interest rate of
eighteen percent (180) or the highest legal rate permitted by the laws of the
state of Idaho, whichever is less, which interest will continue to accrue until
the rent and all other amounts which may be in default are paid;
C . Maintenance and Repairs: At Tenant's cost; to keep said
premises in good condition, in safe and proper repair, to make all repairs, both
inside and outside, ordinary and extraordinary, whether or not such repairs
shall be of structural nature; and to put and keep the sidewalks and curbs
adjacent thereto in like repair and free from snow, ice or encumbrances; and
when used in this subdivision the term "repairs" shall include replacement and
renewals when necessary, and all such repairs shall be of good workmanlike
character.
D. Laws, Ordinances and Regulations:. At Tenant's cost, promptly
to comply with all laws, zoning regulations and ordinances, and every notice,
requirement, order or regulation (whatever the nature thereof may be) , now or
hereafter. enacted, of the United States, State of Idaho, and of any authority,
department or bureau thereof, and of the Board of Fire Underwriters or any
other body having similar functions or of any insurance company insuring
Landlord on policies secured by Tenant, affecting the premises or with respect
to any vault, sidewalk or other space or encroachment in, under or over any
street or avenue adjoining the demised premises, including any existing at or
before the commencement of the demised term, and also all reasonable
requirements of the holder of the first mortgage in connection with the
maintenance of the property, whether or not any of the foregoing be within the
contemplation of the parties hereto;
E. Use of Premises: Not to use or occupy the premises, or any
part thereof, nor to permit the same to be used or occupied, for any unlawful
purpose; or in any way which would make void and voidable any insurance then
in force at the demised premises;
F. Examination of Premises: To permit Landlord, or their agents,
and the first mortgagee, its agents or representatives, to enter and examine the
premises, at such reasonable times, and under such reasonable conditions as
may be requested by Landlord;
G. Outlay by Landlord: Not to call upon Landlord for any
disbursement or outlay during the term, unless in this instrument specifically
provided for;
H. Return of Premises:: At the expiration . or termination of the
demised term, peaceably to surrender the premises, with all improvements and
additions thereto, broom -clean and in good condition, wear and tear excepted,
without notice of any kind, all notice to quit or vacate hereby being expressly
waived, any law, usage or custom to the contrary notwithstanding;
-I.--- -Indemnification of Landlord: Landlord shall not be responsible
for any defect, latent or otherwise, -in -the"premises, or -change -of conditions in
the premises, or for any damage to the same or to any person, or to goods or
things contained therein, by reason of any matter or thing whatsoever, Tenant .
assuming all the risk and responsibility with reference to the present or future
condition, tenantability, management, operation or control of premises, and
Tenant will promptly indemnify and save and hold Landlord harmless of and from
All Pinnc ciiifc rnrnnonrlin fro "1 irrmc rinmon rlc ni-i^TN nl' orsvr lrirtrl ne.
premises or the streets or sidewalks adjoining the same, or by reason of any
breach, violation or non-performance of any covenant, condition or agreement
hereof on the part of Tenant;
J. Removal of Liens: Within thirty (30) days after notice of the
filing thereof, to discharge any mechanics' lien . or liens, which may be filed
against the premises by reason of work, labor, services or materials performed
for, or furnished to Tenant or its representatives, or anyone holding or
claiming the demised premises or any part thereof through or under Tenant;
K. Shoring: In the event that an excavation shall . be made for
building or other purposes upon land adjacent to the premises, or shall be
contemplated to .be made, Tenant shall, upon request of Landlord, afford to the
person or persons causing or intending to cause such excavation to be made,
license to enter upon the premises for the purpose of doing such work as may
be necessary to preserve the buildings on the premises to support the same, by
proper foundations;
L. Remedies: In respect of the non-payment of any item, or of
additional rent, anywhere in this lease provided for, Landlord shall have all the
rights and remedies (including any summary or other remedy now or hereafter
existing) , as Landlord has, or may have in respect of the non-payment of the
fixed net rent; and any reference to "rent" anywhere in this instrument, shall
include both fixed and additional rent hereunder, unless otherwise specifically
provided for;
M. Acceptance of Premises: Tenant accepts the premises subject to
the present or future physical condition and location of any part thereof, and to
any state of facts which either an accurate survey or personal inspection might
reveal;
N . Title: Tenant shall have no power, and nothing herein
contained shall be construed as giving Tenant power, to do any act or make any
contract which may create or be the foundation of any lien _upon the estate,
reversion or other interest of Landlord, or of the present or any future owner
of the premises;
O. Landlord's Remedies: Any right or remedy of Landlord
hereunder, or at law, in equity or otherwise, upon any breach by Tenant, shall
be distinct, separate and cumulative, and no one of them, whether exercised by
Landlord or not, shall be deemed to be in exclusion of any other;
P. Further Assurances: Except as hereinafter provided, neither
the destruction of, nor injury or damage to, improvements at any time on the
premises, whatever the cause, shall terminate or invalidate this lease, and the
rent and additional rent shall be paid by Tenant to Landlord without any claim
for any reduction or diminution of rent or other expense whatsoever except as
is otherwise provided for herein.
ARTICLE V
TITLE INSURANCE; POSSESSION; EXISTING LEASES
A. Title Insurance: Landlord agrees, within ten days from the
execution date hereof, to furnish to Tenant a title policy from Mountain Title &
Escrow, Inc . , Cascade, Idaho, in the amount of $187, 000.00, or such other
amount as Tenant may elect, with said title policy insuring title to the property
in accordance with that certain commitment no. BE 133901, dated October 2,
1986, subject to the deletion of exception no. 8, the permitted addition of any
interest -that -Tenant _may__ have_ pursuant to this lease and option, and further
subject to rights of tenants in possession. Landlord- shall be responsible for
that portion of the premium for the title insurance equal to a premium on a
$25, 000.00 policy, and Tenant shall be responsible for the balance of the title
insurance premium.
B. Possession: Possession of the premises shall be delivered to
Tenant nn 1QS27 .oriel To.,ow+ 0.1,011 1.., ....+;+1,..i +.,•
,�.
that Landlord reserves the right to store his personal property presently
located upon the premises until such time as Tenant vacates the property
located at 503 Park Street, McCall, Idaho, and furnishes to Landlord, without
charge, up to 75 man hours of labor and up to ten equipment ,hours to assist
Landlord in relocating said personal property to the premises at 503 Park
Street.
C. Existing Leases; Assignment: It is specifically understood and
agreed that possession of said premises is subject to the following existing and
outstanding leases:
1. U.S. Government Lease for Real Property Number (Neg.) 57-
84MB-2-0051, dated May 1, 1982,, wherein Jack Seetin or Jeanette
M. Seetin are Lessors, and the United States of America is
Lessee, covering the premises described as follows:
3780 square feet of net usable radio, automotive and heavy
equipment repair shop space, comprising entire ,building, plus a
new addition of 1500 square feet, together with 8000 square feet
of adjacent fenced parking area and a loading dock and ramp for
unloading heavy equipment on a site located at Park Street and
old Highway 15, McCall, Valley County, Idaho; situated in the
Northwest Quarter of the Southeast Quarter and Lot 3, Section
9, Township 18 North, Range 3 East, Boise Meridian.
2. Lease Agreement dated June 1, 1981, wherein William Oliver
Jackson Seetin and Jeanette Marie Seetin, husband and wife, are
referred to as "Landlord," and Cablevision of McCall,. Inc., an
Idaho corporation, is referred to as "Tenant," covering a small
tract in the northeast corner of the leased premises.
Landlord does hereby transfer, set over and assign to Tenant all right, title
and interest of Landlord in and to both of the leases above described, together
with the right to collect and receive all rentals on such leases due and payable
from and after January 1, 1987, pursuant to and in accordance with that certain
Assignment and Assumption of Existing Leases, a copy of which is attached
hereto as Exhibit B . Provided, however, that Landlord reserves the right to
receive free television signals as provided in said lease to Cablevision of McCall,
Inc.
Landlord further agrees to notify the lessee and tenant above named,
in writing, of this assignment, and inform them that all rents for the respective
premises from and after January 1, 1987, shall be paid to Tenant herein.
Landlord shall furnish Tenant with a copy of each such written notice.
ARTICLE VI
ADDITIONAL RENT
A. Costs and Expenses: All costs and expenses which Tenant
assumes anywhere in this lease, shall be additional rent. Upon default by
Tenant, any such costs and expenses, at Landlord's option, immediately, or at
any time thereafter, shall become due and payable by Tenant, as additional
rent. Furthermore, if Tenant shall fail to make any of the payments required of
Tenant, or shall fail to perform or to comply with any of the provisions, on
Tenant's part to be complied with and performed, Landlord, at its option, but
without obligation so to do, may make such payments, or any of them, or may
comply with such provisions or any of them, and any and all sums expended by
Landlord, with interest thereon from the date of such expenditure, shall be
additional rent and, at Landlord's option, may be immediately, or at any. time
thereafter, due and payable or added to the rent due, at the time such
expenditures are made, or to any installment of rent thereafter becoming due.
But any such payment by Landlord shall not be deemed a waiver of Tenant's
default or shall affect any remedy by Landlord hereunder, by reason of such
default.
B . No Waiver of Remedies: Acceptance of Landlord of anv sums.
J
not be, nor shall it deemed to be a waiver of any of the Landlord's rights and
remedies hereunder.
Failure of Landlord to insist, in any instance, upon performances of
any provisions of this lease, or to exercise any option herein, shall not be
construed as waiving for the future, any such provision or option; and the
receipt of any monies or rent, of whatsoever nature, whether the rent be that
specifically reserved, or that which may become payable under any provision
herein, or whether the same be received from Tenant or from anyone claiming
under or through Tenant, or otherwise, shall not be deemed to operate as a
waiver by Landlord to enforce the payment of rent or charges, of any kind,
previously due, or thereafter becoming due, or the right to terminate this lease
and to recover possession of the premises, by summary proceedings or
otherwise, or to exercise any of the rights or remedies reserved to Landlord, or
which Landlord may have at law, in equity or otherwise.
C. Taxes and Assessments: As a part of the additional rent to be
paid by Tenant, Tenant agrees that Tenant shall and will, during the term
aforesaid, pay all duties, taxes, charges for water, sewer rents, rent for water
in any building or buildings, now or hereafter erected on said premises, or any
part thereof (including all charges for installing and repairing water meters now
placed or hereafter required to be placed in any part of said premises),
assessments and other charges of any kind or nature, extraordinary as well as
ordinary, general or special, foreseen as well as unforeseen, which shall, prior
to or during the term hereby demised, be laid, levied, assessed or imposed
upon, or become due and payable, or become liens upon the said premises, or
any part thereof, the leasehold estate hereby 'created, the sidewalks or streets,
or vaults, if any, in front of, or adjoining the demised premises, by virtue of
any present or future law, order, ordinance, requirement or demand of any
Federal, State or local governmental agency, or of any department, office or
bureau thereof. All the said real estate taxes, if any, and all charges for
water, sewer rents, water meter charges, assessments, and other payments
required to be made hereunder by Tenant, shall be paid by Tenant not later
than five (5) business days before any interest or penalty shall accrue upon the
same and before the end of any grace period allowed or permitted for the
payment thereof without penalty. All real estate taxes, if any, water rates and
sewer rents shall be apportioned for the last year of the term of this lease, so
that Tenant shall be obligated to pay only such proportion thereof, in said
year, as the number of months covered by the term of this lease in said year
bears to the total number of months for which such taxes, water rates and
sewer rents were levied. It is specifically agreed that Landlord. shall be
responsible for the payment of 1986 taxes and assessments levied against the
premises.
If, at any time during the term of this lease, the premises, or any
part thereof, shall be affected by an assessment or assessments, which are or
may become payable in annual installments, of which the first installment is then
a charge or lien, or has been paid, then, for the purpose of this lease, the
unpaid installments of any such assessment, including those which are to become
due and payable after the termination of the term hereby demised, shall not be
deemed to be due and payable, until such time as the installment becomes a
charge or lien upon the premises, but shall be paid by Tenant on the date when
the same becomes due and payable, together with any interest or penalty
thereon, to the date of such payment, except as to such installments which
become due and payable after the termination of the lease, in which event
Tenant shall be under no obligation to pay such latter installment. It is agreed
that any single assessment shall not be spread beyond a term of ten annual
installments under the provisions of this paragraph.
In any suit or .proceeding, of any kind or nature, arising or growing
out of the failure of Tenant to keep this covenant, the certificate, will., demand
or receipt of the official or department charged with its collection, showing that
such tax, water rate, sewer rent, water meter charge, assessment or other
charge affecting the premises is due and payable, or has been paid by Landlord
after its due date, shall be prima facie evidence of a breach of this covenant by
Tenant. Tenant shall have the right to contest or review, by legal
proceedings, or in such other manner as it deems suitable (which, if instituted,
governmental charges, or other charges, assessments, regulations or other
matter of whatsoever nature in any way herein referred to, or otherwise
arising, but such contest or proceedings shall not postpone the payment of any
said charge; and if the same shall, as a result of such proceeding, at any time,
be reduced, cancelled or to any extent discharged, Landlord, if Landlord shall
receive any refund of any amount paid by Tenant, shall return to Tenant, the
amount of said refund, including the interest, penalties and other charges
directed to be paid in such adjudication.
ARTICLE VII
ASSIGNMENT AND SUBLETTING
Tenant shall not assign this lease or any of their rights therein, or
sublet more than eighty percent (80 0) of the leased premises, without the
written consent of Landlord having been first obtained, which consent shall not
be unreasonably withheld. With respect to the assignment of Tenant's option
rights hereunder, Landlord may, in its sole discretion, arbitrarily withhold any
consent.
ARTICLE VIII
INSURANCE
Tenant, at its own cost and expense and throughout the term, shall
maintain insurance with respect to the premises, of the following type and in the
following amounts:
A. Fire insurance with extended coverage, in an amount not less
than the full insurable value of the premises (excluding excavations and
foundations) as the same may be determined at not less than three (3) year
intervals by a responsible appraiser designated and paid for by Landlord, but
in any event in an amount sufficient to prevent Landlord or Tenant from
becoming a co-insurer within the terms of the applicable policies. This
paragraph shall not be construed to require Landlord to cause any reappraisal
to be made.
B . Public liability insurance protecting Landlord against all claims
for personal injury, death, and property damage occurring . upon, in, or about
the demised premises and the adjoining sidewalks, streets, roads and
passageways, with limits of at least $500, 000 per occurrence for bodily injury
and property damage liability. Notwithstanding Tenant's duty to carry the
aforesaid insurance, Tenant covenants to indemnify and save harmless Landlord
from and against any and all claims arising from the occupancy of the premises,
the conduct or management of or from any work or thing whatsoever done in or
about the premises, or arising from any damage to any person or property
occurring during the term of the lease on or about said premises, and from and
against all costs, counsel fees, expenses, and liabilities incurred in or about
any such claim or action or proceeding brought thereon.
All such insurance carried by Tenant as required under the
provisions of subparagraphs . A and B shall be carried in favor of the Landlord
and. Tenant as their respective interests may appear. Tenant shall deliver to
Landlord all policies of insurance with evidence by stamping or otherwise of the
payment of the premiums thereon and shall deliver to Landlord renewals thereof
from time to time at least ten (10) days prior to the expiration of any similar
policy then expiring. All policies shall provide that the same cannot be
cancelled by Tenant without the written consent of Landlord first obtained.
Tenant shall neither knowingly do nor suffer anything to be done whereby any
of the insurance required by the provisions thereof shall or may be invalidated
in whole or in part. Tenant agrees not to maintain any insurance policies
required by the provisions thereof which do not include Landlord as its
interests may appear. All insurance policies required under the provisions
thereof shall be valid and enforceable policies and shall be written in companies
licensed to write insurancein the State of Idaho.
ARTICLE IX
DAMAGE OR DESTRUCTION OF PREMISES
Anything herein to the contrary notwithstanding, in the event that
the premises or any improvement at any time upon the premises is destroyed by
catastrophe, including war, insurrection or earthquake, then, and in such
event, Tenant shall not be required to rebuild the premises nor restore the
same to its previous condition, but such destruction shall not relieve Tenant
from its obligation to pay rent hereunder. However, Tenant may, at its option,
rebuild the same. If the premises or any improvement at any time upon the
premises shall be otherwise damaged or destroyed, and as often as the same
shall occur, Tenant shall promptly notify Landlord thereof, and the same shall
be promptly replaced, repaired and rebuilt by Tenant at its own cost and
expense, in such manner as to restore the improvement as near as reasonably
possible to the condition prior to such damage and without any outlay
whatsoever from Landlord. Any insurance money, if available, shall be used in
connection with such restoration.
ARTICLE X
FIRE INSURANCE
In the event that the premises or any part thereof are made
untenantable as a result of any fire or other damage or destruction to the
premises, the provisions of this lease shall be unaffected, and Tenant shall
remain and continue liable for the payment of the fixed rent and additional rent
and all other charges by Tenant payable under any of the provisions hereof as
though no damage had occurred to the premises, except that fixed rent and
additional rent shall abate only to the extent of the proceeds of rent insurance,
if any, furnished by Tenant and received by Landlord.
ARTICLE XI
CANCELLATION
Tenant shall have the right to cancel this lease at any time during the
term hereof so long as it has not committed a default under the lease and that
such notice in writing is given at least 180 days prior to the end of any calendar
year during the term of the lease. In the event of cancellation, Tenant shall be
entitled to no refund of advance rental payments, and the escrowholder shall
return to Landlord all documents deposited in escrow. It is specifically agreed
that a cancellation of this lease, except pursuant to the procedure set forth in
this paragraph for a permitted cancellation, will result in consequential damages
to Landlord which may ultimately be difficult to assess with particularity, and
therefore, the parties agree that Landlord shall be entitled to liquidated
damages equal to the amount of damages actually proven, or $12, 500.00,
whichever is greater. The liquidated damage assessment shall be in addition to,
and not as an alternative to or an election of remedies which are available under
the next succeeding article.
ARTICLE XII
DEFAULT
If at any time the net rent or additional rent reserved herein shall
become in arrears and be unpaid for a period of ten (10) days after written
demand for the payment thereof, or if Tenant shall default in the performance of
any of the other terms, covenants and provisions of this lease on its part to be
performed within thirty (30) days after written demand for the performance
thereof, or if the demised premises become vacant or de::=erted while no rent is
being paid, then and in such event, Landlord shall have the right to terminate
this lease and the term hereof, as well as all of the right, title and interest of
Tenant hereunder, by giving Tenant not less than twenty (20) days notice in
writing of such intention and upon the expiration of the time fixed in such latter
notice (if such default shall not have been cured) this lease and the term
hereof, as well as all the right, title and interest of Tenant hereunder, shall
expiration of the term herein originally granted, and Landlord may enter into or
repossess said premises, either by force or summary proceedings, or otherwise,
and Tenant hereby expressly waives service of notice of intention to re-enter or
to institute legal proceedings to that end.
In the event of a cancellation or termination hereof by either the
issuance of a dispossessory warrant or the service of a notice of termination as
hereinabove provided, or otherwise, Tenant shall, nevertheless, remain and
continue liable to Landlord in a sum equal to all fixed net rent and all additional
rent and charges for the balance of the term; and Landlord may re-enter said
premises, using such force for that purpose as may be necessary without being
liable to any prosecution for said re-entry or for the use of such force, and
Landlord may repair or alter said premises in such manner as to Landlord may
seem necessary or advisable, and/or let or relet said premises or any or all
parts thereof for the whole or any part of the remainder of the original term
hereof or for a longer or shorter period, in Landlord's name or otherwise, and,
out of any rent so collected or received, Landlord shall first pay to themselves
the expense and cost of retaking, repossessing, repairing and/or altering the
same premises and the expenses of removing all persons and property
therefrom, second, pay to themselves any cost or expensesustained in securing
any new tenant or tenants, and third, pay to themselves any balance remaining,
and apply the whole thereof or so much thereof as may be required toward
payment of the liability of Tenant to Landlord, for the sum equal to the rents
reserved herein and then unpaid by Tenant for the remainder of the term. Any
entry or re-entry by Landlord, whether had or taken under summary
proceedings or otherwise, shall not absolve or discharge Tenant from liability
hereunder. The words "re-enter" and "re-entry" as used in this lease are not
restricted to their technical legal meaning. The failure of Landlord to relet the
premises or any part or parts thereof shall not release or affect Tenant's
liability for damages or otherwise, however, either Landlord or Tenant shall and
may seek to relet said premises to mitigate the damages of Tenant.
Should any rent so collected by Landlord after the payments aforesaid
be insufficient fully to pay to Landlord a sum equal to all net rent and additional
rent and other charges herein reserved, the balance or deficiency shall be paid
by Tenant following receipt of notice from Landlord of such balance or
deficiency, that is, upon each of the rent days above specified, Tenant shall
pay to Landlord the amount of said deficiency then existing, and shall remain
liable for any portion thereof not so paid; and the right of Landlord to recover
from Tenant the amount of such deficiency, or a sum equal to the amount of all
net rent and additional rent and other charges herein reserved if there shall be
no reletting by Landlord, shall survive the issuance of any dispossessory
warrant or other termination of the term hereof.
Suit or suits for the recovery of any such deficiency or damages, or
for a sum equal to any installment or installments of net rent or additional rent
or charges payable hereunder, may be brought by Landlord from time to time at
Landlord's election and nothing herein contained shall be deemed to require
Landlord to await the date whereon this lease, or the term hereof, would have
expired by limitation had there been no such default by Tenant or no such
termination.
Tenant hereby expressly waives any and all rights of redemption
granted by or under any present or future laws in the event of Tenant being
evicted or dispossessed for any cause, or in the event of Landlord obtaining
possession of demised premises, by reason of the violation of Tenant of any of
the covenants and conditions of this lease, or otherwise, except as provided in
Article XXII, paragraph B .
ARTICLE XIII
REPRESENTATIONS
Tenant acknowledges that Landlord has made no representations that
the demised premises are, or will be suitable for use by Tenant or suitable for
any use or purpose whatever.
J
ARTICLE XIV
ALTERATIONS
Tenant shall have the right at any time and from time to time during
the term of this lease to make, at its sole cost and expense, such changes and
alterations, structural or otherwise, in or of the buildings on the demised
premises and the building equipment as Tenant shall deem necessary or
desirable, including, without limiting the generality of the foregoing, the right
to increase the height of the building or any buildings on the demised premises
and to erect any structure or structures on the demised premises. All such
changes and alterations (herein collectively referred to as "changes and
alterations" or "changes or alterations") shall be made in all cases subject to the
following conditions which Tenant covenants and agrees to observe and perform:
A. No change or alteration shall be undertaken until Tenant shall
have procured and paid for, so far as the same may be required from time to
time, all municipal and other governmental permits and authorizations of the
various municipal departments and government subdivisions having jurisdiction,
and Landlord agrees to join in the application for such permits or authorizations
whenever such action is necessary;
B . Any single structural change or alteration involving an estimated
cost of more than $25, 000.00 shall be conducted under the supervision of an
architect or engineer selected by Tenant, and no such single structural change
or alteration shall be undertaken until twenty (20) days after there shall have
been filed with Landlord detailed plans and specifications and cost estimates
therefor, prepared and approved in writing by such architect or engineer;
C. Any change or alteration, when completed, shall be of such a
character as not adversely to affect the value of the demised premises or reduce
the gross square foot area of the buildings on the demised premises or impair
the structural soundness thereof;
D . All work done in connection with any change or alteration shall
be done with reasonable promptness in a good and workmanlike manner and in
compliance with the applicable municipal building and zoning laws and with all
other laws, ordinances, orders, rules, regulations and requirements of all
federal, state and municipal governments and the appropriate departments,
commissions, boards and officers thereof, and in accordance with the orders,
rules and regulations of the Board of Fire Underwriters or any other body
hereafter constituted exercising similar functions; the cost of any such change
or alteration shall be paid in cash or its equivalent, so that the demised
premises shall at all times be free of liens for labor and materials supplied or
claimed to have been supplied to the demised premises; the work of any change
or alteration shall be prosecuted with reasonable dispatch, unavoidable delays
excepted; workmen's compensation insurance covering all persons employed in
connection with the work and with respect to whom death or bodily injury claims
could be asserted against Landlord, Tenant or the demised premises; general
liability insurance for the mutual benefit of Tenant and Landlord of not less
than $1, 000, 000 single -limit coverage for bodily injury and property damage
liability shall be maintained without cost or expense to Landlord at all times
when any work is in process in connection with any change or alteration. All
such insurance shall be in a company or companies of recognized responsibility,
and all such policies or certificates therefor issued by the respective insurers
bearing notations evidencing the payment of premiums or accompanied by other
evidence satisfactory to the Landlord of such payment shall be delivered to
Landlord;
E. Such changes or alterations shall be and become a permanent
part of the premises.
F. Notwithstanding anything to the contrary contained herein, if
the total cost of any proposed alteration exceeds $5, 000.00, Tenant must first
obtain Landlord's consent before proceeding on the alteration, which consent
must be given if the alteration does not adversely affect the utility, function or
value of the premises_
ARTICLE XV
LICENSES, PERMITS, ETC.
Tenant agrees at its own cost and expense to procure and maintain
any and all necessary permits, licenses or other authorizations required for the
use of the demised premises and for the lawful and proper installation and
maintenance upon the demised premises of wires, pipe, conduits, tubes and
other equipment and appliances for the use in supplying any service to the
demised premises.
ARTICLE XVI
COVENANTS AND CONDITIONS
All of the provisions of this lease shall be deemed and construed to be
"conditions" as well as "covenants" as though the word specifically expressing
or importing covenants and conditions be used in each separate provision
hereof.
ARTICLE XVII
DEFINITIONS
The respective words "Landlord" and "Tenant", shall include the
original Landlord and Tenant herein named and their respective successors,
legal representatives or assigns, and the covenants and provisions herein
contained shall run with this lease and be binding upon and inure to the benefit
of not only such original Landlord and Tenant, but also their respective
successors, legal representatives or assigns; and unless shown otherwise by the
context, any provision respecting such original Landlord and Tenant shall be
deemed specifically to include such successors, legal representatives or assigns.
ARTICLE XVIII
MODIFICATION
This lease contains all the terms and agreements between the parties
and may not in any respect be modified or terminated except by written
instrument signed and delivered by both parties.
ARTICLE XIX
NOTICES
All notices required to be given hereunder shall be given in writing
and sent by United States certified mail, addressed as follows:
To Landlord:
To Tenant:
W. O. J. and Jeanette M. Seetin
P.O. Box 964
McCall, ID 83638
The City of McCall
P.O. Box 1065
McCall, ID 83638
Attention: City Clerk
Either party may change the address to which notices shall be sent
hereunder by written notice of such address sent to the other party hereto in
accordance with the provisions of this. Article. Any thne required hereunder for
any notice to be given hereunder shall be reckoned from the actual mailing of
such notice and such reckoning shall not depend in anywise upon whether or
not such notice has been received, but the sender of such notice may require
the usual certified return receipt.
ti
ARTICLE XX
CONDEMNATION
In the event, during the term of this lease, that Tenant exercises its
power of eminent domain to condemn all or a portion of the demised premises,
Tenant shall remain liable for the balance of the lease payments remaining to be
paid during the term of this lease, and Tenant shall not be entitled to any
participation in any condemnation award whatsoever. In such event, Tenant
further agrees that it shall not claim a credit or offset for the amounts to be
paid during the remaining term of this lease against any condemnation award
which may be granted.
In the event that the premises are acquired by the exercise of the
power of eminent domain by a governmental body unrelated to Tenant, and
further provided that Tenant shall have no direct or indirect residual or
successor interest in the property, in the event said entire demised premises
shall be taken under any condemnation or eminent domain proceedings during
the term hereof, or any renewal term pursuant hereto, or in the event any
portion of said demised premises untaken or uncondemned after any such
proceeding shall not be suitable or adequate for the uses and purposes for
which said entire demised premises then are being utilized by Tenant, then, and
in any such event, this lease and the term hereof shall terminate on the date of
vesting title or the date upon which Tenant shall be required to surrender
possession of the demised premises, or portion thereof, pursuant to the
judgement or decree in such condemnation or eminent domain proceedings,
whichever shall first occur, and Tenant shall be liable for the payment of rent
and other charges hereunder only to such date.
In the event that a portion of said demised premises shall be taken
under any condemnation or eminent domain proceedings by a governmental body
unrelated to Tenant, during the term hereof, or said term as extended pursuant
hereto, and the remaining portion of said demised premises not taken or
condemned, shall be suitable and adequate for the use and purposes for which
said entire demised premises then are being used by Tenant, then, and in any
such event, this lease shall remain in full force and effect, as to such remaining
portion, except that, from and after the date upon which Tenant shall be
required to surrender possession of the portion of said demised premises so
taken or condemned, Tenant shall be entitled to a pro rata equitable reduction
in the fixed annual rent to be paid hereunder (due consideration being given to
the respective rental values to the space taken and the space not taken) the
amount thereof to be agreed on by Landlord and Tenant. If Landlord and
Tenant cannot mutually agree on the amount of such reduced rent, the same
shall be determined by arbitration as herein provided.
In the event Landlord and Tenant cannot agree within ninety (90)
days after such taking as to whether the uncondemned portion of the demised
premises shall not be suitable or adequate for the uses or purposes for which
the entire demised premises then are being utilized by Tenant, said dispute
shall be settled by arbitration in accordance with the provisions hereof.
In the event of any such taking or condemnation of said entire
demised premises, or any portion thereof, owned by Landlord, and regardless
of whether this lease survives, the entire amount awarded for the demised
premises in any such proceeding shall belong to and be paid to the Landlord and
Tenant agrees to execute and deliver any assignment or other document
necessary to permit Landlord to recover any such award. The entire amount
awarded for any fixtures or equipment owned by Tenant in said premises, so
taken or condemned, and for damages to any fixtures or equipment owned by
Tenant in the demised premises, shall belong to and be paid to Tenant.
ARTICLE XXI
FIXTURES AND PERSONAL PROPERTY
All fixtures and articles of personal property attached or appurtenant
t0. Or used in COTIiIP_('iIOT with tha hlll�f�1TSYC ATI thG riomicod rvromicoc innliir7inrr
units, and appurtenances, and electric wires installed for the purpose of
'lighting, and any additions thereto, shall belong to Landlord and are leased
hereby as part of the demised premises and wherever in this lease the term
"premises" or "demised premises" are used, the same shall be deemed to include
all of the foregoing items. All goods, chattels, machinery, equipment, parts,
other fixtures of various kinds and description used in connection with the
operation of the business being conducted on the premises, and all wiring and
equipment pertaining thereto, of whatever kind and nature, now or hereafter
installed or placed on the premises by the Tenant, or any user, sublessee or
occupant of the premises, shall be the sole and absolute property of said
Tenant, user, . sublessee or occupant, at the expiration or other termination of
this lease or at any time prior thereto, upon the condition that the Tenant shall,
except inthe event of the expiration of the term by reason of condemnation,
make good at Tenant's own cost and expense any and all damages caused to the
premises by any removal thereof.
ARTICLE XXII
OPTION TO PURCHASE
A. Grant of Option: At any time during the term hereof, Tenant
shall have the exclusive right and option to purchase the lease premises on any
anniversary date during the term of the lease, upon at least 90 days' prior
written notice, by providing to Landlord an annuity contract with a company
satisfactory to Landlord, which contract will pay to Landlord those amounts at
the times set forth in Exhibit C . Upon the furnishing of such annuity contract
and acknowledgment in writing of its receipt, the escrow shall be closed and all
documents contained therein shall be delivered to Tenant in accordance with
subparagraph D below. In the event that Tenant has not exercised its option as
of December 31, 1998, it shall be entitled to exercise the option, without the
requirement of the 90 days' prior written notice, provided that it pays the sum
of $1.00 to Landlord on or before January 1, 1999. Tenant shall not be
permitted to exercise the option, if, at the time of the giving of notice of
exercise, it is in default under any of the terms of this lease.
B . Transfer of Title; Escrow: Coincidentally with the execution
hereof, Landlord shall execute and deliver to Tenant a warranty deed conveying
the premises to Tenant, and Tenant shall have the right to immediately record
such deed with the recorder of Valley County, Idaho. At the time of the
delivery of the warranty deed, Tenant agrees to deliver to Landlord a deed of
trust, a. copy of which is attached hereto as Exhibit D, which deed of trust will
be recorded immediately after the warranty deed. The rights granted to
beneficiary under, said deed of trust shall be in addition to all rights granted to
Landlord under Article XII hereof. The intended purpose of the deed of trust
is to provide Landlord with the legal and equitable remedy to clear title to the
premises after, . or in conjunction with, the exercise of Landlord's remedies
under Article XII. Tenant waives any rights of reinstatement which may be
provided under the Idaho statutes pertaining to deeds of trust, and in return
therefor, Landlord agrees that Tenant shall have the right to exercise its option
to purchase at any time within said 125-day curative period, provided that
purchase price shall include all net rent, additional rent, , costs, attorney's fees,
interest, and late charges which Landlord is entitled to under the provisions of
this lease.
The parties further agree to appoint Mountain Title & Escrow,. Inc.,
as escrowholder in connection with this option agreement. The. following
documents shall be deposited with said escrowholder, to-wit:-
1. Executed copy of Lease and Option to Purchase;
2. Bargain and Sale Deed from Tenant to Landlord herein, a copy
of which is attached hereto as Exhibit E;
3. Request _ for Reconveyance from Beneficiary under the Deed of
Trust to Trustee;
`S
All payments of rent as herein provided shall be paid by Tenant
directly to said escrowholder' for .the benefit of Landlord. Payment to said
escrowholder at the time and in the manner herein provided shall be deemed
payment to Landlord.
C. Default: In .the event of default by Tenant in the performance
of any of the covenants and agreements herein contained, including payment of
rent as herein provided, escrowholder shall deliver, pursuant to the terms of
this agreement, • all of such documents to Landlord, and all rights of Tenant
under this agreement, including the option, shall terminate and be at an end.
D . Release of Escrow Documents: Upon full payment of rent as
herein provided, together with payment of the option consideration herein
provided, the said escrowholder is hereby authorized and directed to deliver to
Tenant all documents deposited in escrow herewith.
The parties hereto do hereby agree to execute such escrow agreement
or agreements that may now or hereinafter be required by escrowholder. All
costs of closing, including title insurance, recordation costs, and all escrow
fees which may be incurred with respect to Mountain Title & Escrow Company
escrow shall be paid equally by the parties hereto.
IN WITNESS WHEREOF, this Lease and Option to Purchase has been
duly executed pursuant to resolution of the City Council of The City of McCall,
and has been duly executed by the respective parties hereto, effective the first
day of January, 1987.
LANDLORD:
TENANT: THE CITY OF McCALL
STATE OF IDAHO
SS.
County of Valley
By:
Title:
On this 3) day of \_->e_44�c_ , 1986, before me, the
undersigned Notary Public in and for said State, personally appeared W. O. J.
SEETIN and JEANETTE M. SEETIN, husband and wife, known to me to be the
persons whose names are subscribed to the within and foregoing instrument,
and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my _hand and affixed my
official seal the day and year in this'cate first herein-bove written.
.��.
NOT RY PUBLi, State of Idaho
Residing at4,4e•6aii, Idaho
STATE OF IDAHO
County of Valley
On this 3( day often .-� pa„aeo--f-; 1986, before me, the
undersigned Notary Public in and for said State, personally appeared
/2-1`64e known or identified to me to be the
\ of THE CITY OF McCALL, a municipal corporation of the State
of Idaho, or the .person who subscribed said municipal corporation's name, and
acknowledged to me that THE CITY OF McCALL executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and aff ;d my
official seal the day and year in this ii . cate first abo, a wr'..._-n
NRY PUBLIC, S ate of Idaho
Residing ate, Idaho
c
ASSIGNMENT AND ASSUMPTION OF EXISTING LEASES
THIS ASSIGNMENT AND ASSUMPTION OF EXISTING LEASES
(hereinafter "Assignment") is made and entered into effective the first day of
January, 1987, by and among W. O. J. SEETIN and JEANETTE M. SEETIN,
husband and wife (hereinafter "Assignor") , and THE CITY OF McCALL, a
municipal corporation of the State of Idaho (hereinafter "Assignee") .
WITNESSETH:
WHEREAS, concurrently herewith the parties hereto have executed a
Lease and Option to Purchase for certain real property and improvements situate
in McCall, Valley County, Idaho;
NOW, THEREFORE, for value received and in consideration of the
mutual covenants herein contained, the parties agree as follows:
1. Assignment: Assignor by these presents does hereby grant,
convey, sell, assign, transfer and set over unto Assignee all of their right,
title and interest under the following leases, together with the respective tenant
deposits, if any, to -wit:
(a) U.S. Government Lease for Real Property Number
(Neg.) 57-84MB-2-0051, dated May 1, 1982, wherein
Jack Seetin or Jeanette M. Seetin are Lessors and the
United States of America is Lessee, covering the
premises described as follows:
3780 square feet of net usable radio, automotive, and
heavy equipment repair shop space, comprising entire
building, plus a new addition of 1500 square feet,
together with 8000 square feet of adjacent fenced
parking area and a loading dock and ramp for
unloading heavy equipment on a site located at Park
Street and old Highway 15, McCall, Valley County,
Idaho; situated in the Northwest Quarter Southeast
Quarter and Lot 3, Section 9, Township 18 North,
Range 3 East, Boise Meridian; and
ASSIGNMENT AND ASSUMPTION
OF EXISTING LEASES, p. 1
(b) Lease Agreement dated June 1, 1981, wherein William
Oliver Jackson Seetin and Jeanette Marie Seetin,
husband and wife, are referred to as "Landlord," and
Cablevision of McCall, Inc., an Idaho corporation, is
referred to as "Tenant," covering a small tract in the
northeast corner of the leased premises.
TO HAVE AND TO HOLD the same unto said Assignee, its successors and
assigns, for and during all the rest, residue and remainder of the terms of said
leases and anyrenewals thereof which may occur, together with, all and
singular, the premises therein mentioned and described, with all appurtenances.
2. Inspection: Assignee specifically acknowledges that it has had
an opportunity to review the originals of the leases described above, and is
familiar with the current status of said leases and the respective tenant
deposits.
3. Warranties of Assignor: Assignor hereby warrants to. Assignee
that there has been no advance payment of rent under the leases set forth on
Exhibit A, except for the advance payment of the last month's rent under each
of the same.
4. Reservation: Assignor reserves and does not transfer the right
to receive free television signals as provided in the Lease . Agreement with
Cablevision of McCall, Inc.
5. Indemnification: Assignee hereby agrees to assume and hold
Assignor harmless from all of their duties, covenants and conditions to be kept
and performed hereafter by the lessor under the above -described leases, as
more particularly set forth therein.
ASSIGNMENT AND ASSUMPTION
OF EXISTING LEASES, p. 2
IN WITNESS WHEREOF, Assignor and Assignee have executed this
instrument the day and year first above written.
ASSIGNOR:
W. O. J. SEETIN
JEANETTE M. SEETIN
ASSIGNEE: THE CITY OF McCALL
By
Title
EX 1 IT
Do NOT EXECUTE
ASSIGNMENT AND ASSUMPTION
OF EXISTING LEASES, p. 3
EXHIBIT C
January 1, 1988 $ 275,000.00 1--
1989 250,000.00
1990 225,000.00
1991 200,000.00
1992 175,000.00
1993 150,000.00
1994 125,000.00
1995 100,000.00
1996 75,000.00
1997 50,000.00
1998 25,000.00
1999 0
"
6 . ' U p o n d e f a u l t b y G r a n t o r i n p a y m e n t o f a n y i n d e b t e d n e s s s e c u r e d h e r e b y o r i n p e r f o r m a n c e o f a n y a g r e e m e n t h e r e u n d e r : a l l
s u m s s e c u r e d h e r e b y s h a l l i m m e d i a t e l y b e c o m e d u e a n d p a y a b l e a t t h e o p t i o n o f t h e B e n e f i c i a r y . I n t h e e v e n t o f d e f a u l t , B e n e f i c i a r y
s h a l l e x e c u t e o r c a u s e t h e T r u s t e e t o e x e c u t e a w r i t t e n n o t i c e o f s u c h d e f a u l t a n d o f h i s e l e c t i o n t o c a u s e t o b e s o l d t h e h e r e i n d e -
s c r i b e d p r o p e r t y t o s a t i s f y t h e o b l i g a t i o n s h e r e o f , a n d s h a l l c a u s e s u c h n o t i c e t o b e r e c o r d e d i n t h e o f f i c e o f t h e r e c o r d e r o f e a c h
c o u n t y w h e r e i n s a i d r e a l p r o p e r t y o r s o m e p a r t t h e r e o f i s s i t u a t e d .
N o t i c e o f s a l e h a v i n g b e e n g i v e n a s t h e n r e q u i r e d b y l a w , a n d n o t l e s s t h a n t h e t i m e t h e n r e q u i r e d b y l a w h a v i n g e l a p s e d ,
T r u s t e e , w i t h o u t d e m a n d o n G r a n t o r , s h a l l s e l l s a i d p r o p e r t y a t t h e t i m e a n d p l a c e f i x e d b y i t i n s a i d n o t i c e o f s a l e , e i t h e r a s a
w h o l e o r i n s e p a r a t e p a r c e l s a n d i n s u c h o r d e r a s i t m a y d e t e r m i n e , a t p u b l i c a u c t i o n t o t h e h i g h e s t b i d d e r f o r c a s h i n l a w f u l m o n e y
o f t h e U n i t e d S t a t e s , p a y a b l e a t t i m e o f s a l e . T r u s t e e s h a l l d e l i v e r t o t h e p u r c h a s e r i t s d e e d c o n v e y i n g t h e p r o p e r t y s o s o l d , b u t
w i t h o u t a n y c o v e n a n t o r w a r r a n t y e x p r e s s o r i m p l i e d . T h e r e c i t a l s i n s u c h d e e d o f a n y m a t t e r s o r f a c t s s h a l l b e c o n c l u s i v e p r o o f
o f t h e t r u t h f u l n e s s t h e r e o f : A n y p e r s o n , i n c l u d i n g G r a n t o r , T r u s t e e , o r B e n e f i c i a r y , m a y p u r c h a s e a t s u c h s a l e .
A f t e r d e d u c t i n g a l l c o s t s , f e e s a n d e x p e n s e s o f T r u s t e e a n d o f t h i s T r u s t , i n c l u d i n g c o s t o f e v i d e n c e o f t i t l e a n d r e a s o n a b l e
c o u n s e l f e e s i n c o n n e c t i o n w i t h s a l e , T r u s t e e s h a l l a p p l y t h e p r o c e e d s o f s a l e t o p a y m e n t o f : a l l s u m s e x p e n d e d u n d e r t h e t e r m s
h e r e o f , , n o t t h e n r e p a i d , w i t h a c c r u e d i n t e r e s t a t e i g h t p e r c e n t p e r a n n u m ; a l l o t h e r s u m s t h e n s e c u r e d h e r e b y ; a n d t h e r e m a i n d e r ,
i f a n y , t o t h e p e r s o n o r p e r s o n s l e g a l l y e n t i t l e d t h e r e t o .
7 . T h i s D e e d a p p l i e s t o , i n u r e s t o t h e b e n e f i t o f , a n d b i n d s a l l p a r t i e s h e r e t o , t h e i r h e i r s , l e g a t e e s , d e v i s e e s , a d m i n i s t r a t o r s ,
e x e c u t o r s , s u c c e s s o r s a n d a s s i g n s . T h e t e r m B e n e f i c i a r y s h a l l m e a n t h e h o l d e r a n d o w n e r o f t h e n o t e s e c u r e d h e r e b y ; o r , i f t h e n o t e
h a s b e e n p l e d g e d , t h e p l e d g e e t h e r e o f . I n t h i s D e e d , w h e n e v e r t h e c o n t e x t s o r e q u i r e s , t h e m a s c u l i n e g e n d e r i n c l u d e s t h e f e m i n i n e
a n d / o r n e u t e r , a n d t h e s i n g u l a r n u m b e r i n c l u d e s t h e p l u r a l .
8 . T r u s t e e i s n o t o b l i g a t e d t o n o t i f y a n y p a r t y h e r e t o o f p e n d i n g s a l e u n d e r a n y o t h e r D e e d o f T r u s t o r o f a n y a c t i o n o r p r o -
c e e d i n g i n w h i c h G r a n t o r , B e n e f i c i a r y o r T r u s t e e s h a l l b e a p a r t y u n l e s s b r o u g h t b y T r u s t e e .
9 . I n t h e e v e n t o f d i s s o l u t i o n o r r e s i g n a t i o n o f t h e T r u s t e e , t h e B e n e f i c i a r y m a y s u b s t i t u t e a t r u s t e e o r t r u s t e e s t o e x e c u t e t h e
t r u s t h e r e b y c r e a t e d , a n d w h e n a n y s u c h s u b s t i t u t i o n h a s b e e n f i l e d f o r r e c o r d i n t h e o f f i c e o f t h e R e c o r d e r o f t h e c o u n t y i n w h i c h
t h e p r o p e r t y h e r e i n d e s c r i b e d i s s i t u a t e d , i t s h a l l b e c o n c l u s i v e e v i d e n c e o f t h e a p p o i n t m e n t o f s u c h t r u s t e e o r t r u s t e e s , a n d s u c h
n e w t r u s t e e o r t r u s t e e s s h a l l s u c c e e d t o a l l o f t h e p o w e r s a n d d u t i e s o f t h e t r u s t e e o r t r u s t e e s n a m e d h e r e i n .
R e q u e s t i s h e r e b y m a d e t h a t a c o p y o f a n y N o t i c e o f D e f a u l t a n d a c o p y o f a n y N o t i c e o f S a l e h e r e u n d e r b e m a i l e d t o t h e
G r a n t o r a t h i s a d d r e s s h e r e i n b e f o r e s e t f o r t h .
T H E C I T Y O F M c C A L L
B y :
E t I T
D p . . N O T . . E X E C U T E
S T A T E O F I D A H O , C O U N T Y O F V A L L E Y
O n t h i s d a y o f , 1 9 ,
b e f o r e m e , a N o t a r y P u b l i c i n a n d f o r s a i d S t a t e , p e r s o n a l l y
a p p e a r e d
k n o w n o r i d e n t i f i e d t o m e t o b e t h e
o f T H E C I T Y O F M c C A L L ,
a n I d a h o m u n i c i p a l c o r p o r a t i o n , o r
k n o w n t o m e t o b e t h e p e r s o n w h o s e n a m e i S
s u b s c r i b e d t o t h e w i t h i n i n s t r u m e n t , a n d a c k n o w l e d g e d t o
m e t h a t T H E C I T Y O F M c C A L L e x e c u t e d t h e s a m e .
N o t a r y P u b l i c ,
R e s i d i n g a t M c C a l l I d a h o .
S T A T E O F I D A H O , C O U N T Y O F
I H E R E B Y C E R T I F Y T h a t t h i s i n s t r u m e n t w a s f i l e d f o r r e c o r d a t
t h e r e q u e s t o f
a t m i n u t e s p a s t o ' c l o c k M . ,
t h i s d a y o f
1 9 , i n m y o f f i c e , a n d d u l y r e c o r d e d i n B o o k
o f M o r t g a g e s a t p a g e
B y
F e e s : $
M a i l t o :
E x - O f c i o R e c o r d e r .
D e p u t y
G R A N T O R
T R U S T E E
B E N E F I C I A R Y
T H E P R O M I S S O R Y N O T E O R N O T E S , A N D A N Y E V I D E N C E S O F F U R T H E R A N D / O R
A D D I T I O N A L A D V A N C E S M U S T B E P R E S E N T E D W I T H T H I S R E Q U E S T
- I d a h o , " , 1 9
T o , T r u s t e e :
Y o u a r e h e r e b y a u t h o r i z e d a n d r e q u e s t e d t o e x e c u t e a r e c o n v e y a n c e h e r e u n d e r a n d d e l i v e r s a m e t o
EXHIBIT A
TWo parcels of land situated in the NW}SEi of Section 9, Township 18 North, Range
3 East of the Boise Meridian, Valley County, Idaho, being more particularly described
as .follows:
Beginning at the NE Corner of the Brown Tie and Lumber Company Tract; Thence along
the East boundary of said tract, which..bears South 30°45' East, a distance of approximate
Thence East .200 'feet; -
Thence North 270 feet;
Thence West, approximately 233 .feet to -the. East...line•of Park Street; Thence along
the East boundary of. Park Street„ in..a-Southwesterly direction, approximately 82
feet to the Point of Beginning
aka Tax #I04
AND
Starting at the SW Corner of the said NW}SEi;
Thence North 89.°28' East, 241.8.feet tciA point;
Thence North 30°45' West, 57 feet to a.point;
Thence North 89°28' East, 176 feet to a point;
Thence North 240 feet to the REAL POINT OF BEGINNING:
Thence continue North, 90 feet to a point;
Thence East 90 feet to a point;
Thence North 240 feet to a point;
Thence South 89°17' West, 159.5 feet to a point;
Thence North 28°52' West, 56.7 feet to a point;
Thence South 61°08' West, 105 feet to a point;
Thence North 89°17' East, 62 feet to a point;
_Thence South 360 feet to a point;
Thence North 89°28' East, 110 feet to a point;
Thence North to the Real Point of Beginning; SAVE AND EXCEPTING THEREFROM THE FOLLOWING:
Beginning at the SW Corner of THOMPSON-WOOLET SIIBBIVISION of the City of McCall;
thence North 200.8 feet to a point; thence West 600.79 feet along Thompson. Avenue
of said subdivision, which point is the REAL POINT OF BEGINNING; _
Thence South 180 feet to a point;
Thence East 90 feet to a point;
Thence North 180 feet to a point;
Thence West 90 feet to the Point of Beginning.
aka TAX #I08 A
A parcel of land situated in the hid}SE; of Section 9, Township 18
_North, Range 3 East of the Boise Meridian, Valley County, Idaho, being
more particularly described as follows:
Commencing at the SW Corner of said.NW$SE;;...
Thence North 21°57' East, 451.03.feat to the intersection of Park
Street; Thence is a Northeasterly direction along ParktStreet, a distance
of 82 feet to the Real Point of. Beginning;
Thence East 233 feet to a -point:;
Thence North .90 feet to a point; `.:
Thence West 62 feet to the. intersection -with Park Street;
Thence Southwesterly along Park Street 194 feet to the Place of Beginning,
aka Tax #103
'50—BARGAIN AND SALE DEED
**HIS INDENTURE, Made the
v our Lord one thousand nine hundred and
THE CITY OF McCALL, an Idaho municipal corporation,
W. 0. J. SEETIN and JEANETTE M. SEETIN, husband and
Printed and. for sale by Syms-York Company, Boise, Idaho
, in the year of
between
of the first part and
of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION,
lawful money of the United States of America, to it in hand paid by the said part ies
of the second part, the receipt whereof is hereby acknowledged, ha s granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell and convey unto the said parties of the second part, and to
heirs and assigns, forever, all that certain
piece or parcel of land situate, lying and being
in the County of Val ey and State of Idaho, particularly described as follows,
to -wit:
day of
the part y
wife, the parties
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE,
AS IF SET FORTH IN FULL HEREIN;
together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any-
wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits there-
of; and also all the estate, right, title, interest property, possession,
claim and demand whatsoever, as well in law as in equity, of the said part Y of the first part, of, in or to the
said premises, and every part and parcel thereof, with the appurtenances.
TO HAVE AND TO HOLD, All and singular the said premises, together with the appurtenances, unto the said
part ies of the second part and to their heirs and assigns forever.
IN WITNESS WHEREOF, The said part y of the first part has
and seal the day and year first above written
SIGNED, SEALED AND DELIVERED IN PRESENCE OF
hereunto set
its hand
THE CITY OF McCALL (Seal)
STATE OF IDAHO,
County of VALLEY
On this day of
said State, personally appeared
By:
EYf ,
IT
00 NOT EXECUTE
(Seal)
, in the year 19 , before me
, Notary Public in and for
known to me to be the person whose name
acknowledged to me that he executed the same, for
is
subscribed to the within instrument and
and on behalf of THE CITY OF McCALL.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this
certificate first above written.
County of
Notary Public for the State of Idaho,
Residing at , Idaho.
STATE OF IDAHO,
their
at
I hereby certify that this instrument was filed for record at request of
minutes past o'clock M., this
, A.D. 19 in my office, and duly recorded in Book
at naeo
of
day of
.i
Order ,Flo.
i 0 10!1
i
THIS DEED OF TRUST, Made this day of
BETWEEN THE CITY OF McCALL, a municipal
corporation of the State of Idaho
whose address is P.O. Box 1065, McCall, ID 83638,
MOUNTAIN TITLE COMPANY, INC. , herein called TRUSTEE, and
W. O. J. SEETIN and JEANETTE M. SEETIN, husband and wife , herein called BENEFICIARY,
WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE
IN TRUST, WITH POWER OF SALE ABAXOPOPingartWrafiRSTW
S X ?III,WHIad XlialCaXIMMA Xd ltlile iffiGC/XIKVQ0a1CO C XX
, 19
herein called GRANTOR,
all of Grantor's right, title and interest in and to that property in the County
of Valley, State of Idaho, more particularly described on Exhibit A attached
hereto and made a part hereof by this reference, and containing not more than
twenty acres.
THIS DEED OF TRUST IS GIVEN TO SECURE THE PERFORMANCE BY GRANTOR OF ITS
OBLIGATIONS UNDER AND BY VIRTUE OF THAT CERTAIN AGREEMENT BETWEEN THE
GRANTOR AND BENEFICIARY DATED JANUARY 3, 1987.
TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given
to and conferred upon Beneficiary to collect and apply such rents, issues and profits,
Kl rX XLM4Xs?eXaXgeWiiiCigigiiiiri XtiaXXiidaireii r XsXATAKY5WW Y CUA-UtIX4 tMXW
aialaiMMUNMAIK XUNMXICXXXXXXXXXXX)5X
MANUIMAXINX due to m
and to secure payment of all such further sums as may hereafter beXlMine..1XXXt�X dC X the Beneficiary herein= the Grantor
herein, or any or either of them, while record owner of present interest, for any purpose, and of any notes, drafts or other instru-
ments representing such further loans, advances or expenditures together with interest on all such sums at the rate therein
provided. Provided, however, that the making of such further loans, advances or expenditures shall be optional with the Bene-
ficiary, and provided, further, that it is the express intention of the parties to this Deed of Trust that it shall stand as continuing
security until paid for all such advances together with interest thereon.
A. To protect the security of this Deed of Trust, Grantor agrees:
1. To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore
promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay
when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requir-
ing any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit
any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the
character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general.
2. To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The
amount collected under any fire or other insurance policy may 'be applied by Beneficiary upon any indebtedness secured hereby and
in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be
released to Grantor. Such application cr release shall not cure or waive any default or notice of default hereunder or invalidate
any act done pursuant to such notice.
3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Bene-
ficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in
any such action or proceeding in which Beneficiary or Trustee may appear.
4. To pay: at least ten days before delinquency all taxes and assessments affecting said property, when due, all encumbrances,
charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees
and expenses of this Trust. In addition to the payments due in accordance with the terms of the note hereby secured the Grantor
shall at the option, and on demand of the Beneficiary, pay each month 1/12 of the estimated annual taxes, assessments, insurance
premiums, maintenance and other charges upon the property, nevertheless in trust for Grantor's use and benefit and for the pay-
ment by Beneficiary of any such items when due. Grantor's failure so to pay shall constitute a default under this trust.
5. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions hereof,
with interest from date of expenditure at eight per cent per annum.
6. Should Grantor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without
obligation so to do and without notice to or demand upon Grantor and without releasing Grantor from any obligation hereof, may:
make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary
or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding pur-
porting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any
encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such
powers, or in enforcing this Deed of Trust by judicial foreclosure, pay necessary expenses, employ counsel and pay his reasonable
fees.
B. It is mutually agreed that:
1. Any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof
is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner
and with the same effect as above provided for disposition of proceeds of fire or other insurance.
2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require
prompt payment when due of all other sums so Secured or to declare default for failure so to pay.
3. At any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and
presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of
the indebtedness secured hereby, Trustee may: reconvey all or any part of said property; consent to the making of any map or
plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien
or charge hereof.
4. Upon: written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed
and said note to Trustee for cancellation and retention and upon payment of its flee, Trustee shall reconvey, without warranty,
the property then meld hereunder. The recitals in any reconveyano executed under this deed of trust of any matters or facts
shall be conclusive proof of the, truthfulness thereof. The, grantee iiil sue.,: reco••iveys,nce may be descriued as "the person or persons
legally entitled thereto."
5. As additional security, Grantor hereby gives to and confers upon Beneficiary the right, power and authority, during the
continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Grantor the right, prior to any
default by Grantor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and
�_t___ ...._L _..... L.. :..._.__._ ___1 _.-_G L_ .. .. 1L __- L______ �___ _�� _____Ll_ TT�__ ____ ____i_ i r •. .. .. .. .._
I w
Y •••
as
�r
•
EXHIBIT A
Two parcels of land situated in the NWISEI of Section 9, Township 18 North, Range
3 East of the Boise Meridian, Valley County, Idaho, being more particularly described
as follows:
Beginning at the NE Corner of the Brown Tie and Lumber Company Tract; Thence along
the East boundary of said tract, which..bears South 30°45' East, a distance of approximate
255 44et; -- -•
Thence jEast -200 'feet; -r
Thence North 270 feet; .
Thence West, approximately 233 feet to -the Eest line -of Park Street; Thence along
the East boundary of Park Street „ is a -Southwesterly direction, approximately 82
feet to the Point of Beginning.
aka Ts= i104
AND
Starting at the SW Corner of the said NW}SEI;
Thence North 89°28' East, 241.8.feet to a point;
Thence North 30°45' West. 57 feet to a.point;
Thence North 89°28' East, 176 feet to 'a point;
Thence North 240 feet to the DEAL POINT OF BEGINNING:
Thence.continae North, 90 feet to a point;
Thence East 90 feet to a point;
Thence North 240 feet to a point; .
Thence South 89417' West, 159.5 feet to a point;
Thence North 28'52' West, 56.7 feet to a point;
Thence South 61'08' West, 105 feet to a point;
Thence North 89'17' East, 62 feet to a point;
Thence South 360 feet to a point;
Thence North 89°28' East, 110 feet to a point;
Thence North to the Beal. Point of Beginning; SAVE AND EXCEPTING THEREFROM TEE FOLLOWING:
Beginning at the SW Corner of THOMPSON-WOOLEY SIIBIIIVIsiam of the City of McCall;
thence North 200.8 feet to a point; thence Nest 600.79 feet along Thompson Avenue
of said subdivision, which point is the REAL POINT OF BEGINNING;
Thence South 180 feet to a point;
Thence East 90 feet to a point;
Thence North 180 feet to a point;
Thence West 90 feet to the Point of Beginning.
aka TAX #I08 A
A parcel of land situated in the NWiSEI of Section 9, Township 18
.North, Range 3 East of the Boise Meridian, Valley County, Idaho, being
more particularly described as follows:
Commencing at the SW Corner of said.NWISEI;..•
Thence.North 21'57' East, 451.03 feet to the intersection of Park
Street; Thence in a Northeasterly direction along Park Street, a distance
of 82 feet to the Beal Point. of. Beginning;.
Thence East 233 feet to a -point;
Thence North .90 feet to a point;
Theme West 62 feet to the intersection-vith Park Street;
Thence Southwesterly. along Park Street 194 feet to the Place of Beginning.
i
ab.= Tax v 103