HomeMy Public PortalAbout2014.09.11 Baumgartner Assignment of Lease 1559 McCall Ave Greystone VillageASSIGNMENT OF LEASE
Parties: THOMAS K. BURKE,1559 McCall Avenue, McCall, Valley County, State of
Idaho, Assignor
HUNTER and REBECCA BAUMGARTNER, P.O. Box 1152, McCall,
Valley County, State of Idaho, Assignee
CITY OF MCCALL, a municipal corporation organized and existing under
the laws of Idaho, Landlord
Agreement, made effective as of the 11 day of September, 2014 by and between the
Thomas K. Burke, 1559 McCall Avenue, McCall, Valley County, State of Idaho, Assignor,
herein referred to as "Burke," and Hunter and Rebecca Baumgartner, PO Box 1152, McCall,
Valley County, State of Idaho, herein referred to as "Baumgartner."
ARTICLE I. DEFINITIONS
1.1 "Burke": Means and refers to Thomas K. Burke, an individual and owner of the
structure located at 1559 McCall Avenue, McCall, ID, party to this Agreement as
assignor.
1.2 "City": Means and refers to the City of McCall, Idaho, a municipal corporation
organized and existing under the laws of Idaho, of 216 E. Park St., McCall, Valley
County, State of Idaho.
1.3 "Lease": Means and refers to that certain Amended and Restated Ground Lease
V2 Agreement by and between the City of McCall, Idaho, a municipal corporation
organized and existing under the laws of Idaho, of 216 E. Park St., McCall, Valley
County, State of Idaho as Lessor and Thomas K. Burke, an individual and owner of the
structure located at 1559 McCall Avenue, McCall, ID, a true and correct copy of which is
attached hereto marked Exhibit A and by this reference incorporated herein.
1.4 "Premises": Means and refers to those certain premises with the appurtenances,
situated in, McCall, Valley County, Idaho, and more particularly described in the exhibit
attached to the Amended and Restated Ground Lease V2 Agreement as Exhibit 1, which
is the subject of this Lease.
1.5 "Baumgartner": Means and refers to Hunter and Rebecca Baumgartner, party to
this Agreement as assignee.
ARTICLE II. RECITALS
2.1 "Burke," has entered into the Lease for the purpose of living in and on such
Premises and for no other purpose, from the April 8, 2010; and
2.2 "Burke," is willing to sell the community housing home to "Baumgartner"; and
2.3 The Premises suit the needs of "Baumgartner"; and
Assignment of Lease — Lot #9 Page 1 of 5
September 11, 2014 Hunter and Rebecca Baumgartner
2.4 "Burke," is desirous of assigning its rights under the Lease to "Baumgartner"
upon the condition that "Baumgartner" performs all the terms and conditions of the Lease
in a timely manner and "City" consents to the assignment, to all of which "Baumgartner"
is agreeable; and
2.5 The Lease provides that the consent of "City" is required prior to any assignment
of `Burke's," interest in and to the Lease.
NOW THEREFORE, in consideration of the foregoing, the parties covenant and agree as
follows:
ARTICLE III. COVENANTS
3.1 For the consideration set forth in Article II herein, and other good and valuable
consideration, the receipt of which is acknowledged, "Burke," assigns to "Baumgartner"
all of `Burke's," interest in the Lease for "Baumgartner" to purchase one of the
community housing homes located at 1559 McCall Avenue, McCall Idaho County, ID
83638, dated the 11th day of September, 2014, which Lease was made between "Burke,"
as lessee, and "City," as lessor, and in the rent paid by "Burke," as lessee under the
Lease, subject to all the terms, conditions, covenants, and agreements contained in such
Lease, a true and correct copy of which is attached hereto marked Exhibit A.
3.2 "Baumgartner" accepts the assignment as set forth in section 3.1 herein as of the
effective date of this Agreement and agrees to perform all the terms, conditions,
covenants, and agreements of the Lease that are to be performed by the lessee.
ARTICLE IV. GENERAL PROVISIONS
4.1 Notices: All notices required to be given to each of the parties hereto under the
terms of this Agreement shall be given by depositing a copy of such notice in the United
States mail, postage prepaid, and registered or certified, return receipt requested, to the
respective parties hereto at the following addresses:
Thomas K. Burke
1559 McCall Avenue
McCall, ID 83638
Hunter and Rebecca Baumgartner,
PO Box 1152
McCall, ID 83638
or to such other address as may be designated in writing delivered to the other party. All
notices given by certified mail shall be deemed completed as of the date of mailing
except as otherwise expressly provided herein.
4.2 Non -Waiver: The failure of a party hereto to insist upon strict performance of
observance of this Agreement shall not be a waiver of any breach of any terms or
conditions of this agreement by any other party.
Assignment of Lease — Lot #9 Page 2 of 5
September 11, 2014 Hunter and Rebecca Baumgartner
4.3 Conflicts of Agreement with Applicable Law: In the event any provision or
section of this Agreement conflicts with applicable law, or is otherwise held to be
unenforceable, the remaining provisions shall nevertheless be enforceable and carried
into effect.
4.4 Attorneys' Fees: In the event any litigation arising under, or as a result of, this
Agreement or arising from any of the acts to be performed hereunder or the alleged
breach of this Agreement, except for an agreed declaratory judgment action sought to
clarify the responsibility and/or authority of the parties hereunder, the prevailing party
shall recover its costs and reasonable attorneys' fees.
4.5 Idaho Law: This Agreement shall be governed and interpreted by the laws of the
State of Idaho.
4.6 No Assignment: No party may assign this Agreement or any interest therein
without the consent of both parties and the consent of "City".
4.7 Binding Effect: The provisions and stipulations of this Agreement shall inure to
the benefit of and shall be binding on the heirs, legal representatives, successors in
interest, and assigns of the parties hereto.
4.8 Severability: In the event any of the provisions of this Agreement shall be
deemed illegal or unenforceable, such determination shall not operate to invalidate any of
the remaining provisions of this Agreement.
4.9 Headings: The bolded paragraph headings are for convenience only and are not a
part of this Agreement and shall not be used in interpreting or construing this Agreement.
»»>SIGNATURES ON FOLLOWING PAGE««<
Assignment of Lease — Lot #9 Page 3 of 5
September 11, 2014 Hunter and Rebecca Baumgartner
In witness whereof, each party to this agreement has caused it to be executed on the date
indicated below.
THOMAS K. BURKE, Assignor
Date: By:
STATE OF IDAHO, )
: ss:
County of )
On this day of , 2014, a Notary Public in and for said State,
personally appeared Thomas K. Burke known or identified to me to be the individual and owner
of the structure located at 1559 McCall Avenue, McCall, ID, Assignor, that executed the
instrument or the persons that 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.
Notary Public for Idaho
(SEAL) My Commission Expires:
Date: 1 l' lq/U/if
HUNT R BIAUMGA7R, Assignee
By: IAA
REBECCA BAUMGARTNER, Assignee
li�I'b11l'1 B r�
Date: y:
STATE OF IDAHO, )
. ss:
County of Anil, )
On this tg day of Aj J cn it s- , 2014, a Notary Public in and for said State,
personally appeared Hunter Baumgartner and Rebecca Baumgartner, known or identified to
me to be Assignee, the persons that executed the 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
••0.0G•lityNitigiear in this certificate first above written.
Q'‘40TAR r tiTs
(SEAL) Notary Public fofIdaho
i . PU B LXG
'•,�� :q T itetV.of Lease — Lot #9
eanbei 11, 2014 Hunter and Rebecca Baumgartner
My Commission Expires:
Page 4 of 5
My Commission Expires: .2 - y-401 7
CONSENT OF CITY OF MCCALL:
The City of McCall consents to the assignment of Lease subject to the terms and
conditions of the above contained Assignment of Lease.
Date: /obl/
Attest:
BessieJo Vagne%, City ' lerk
CITY OF MCCALL
Bye/,
kie J. on, ayor
STATE OF IDAHO, )
: ss:
County of Valley, )
On this / 9 day of /JDvem di,,. , 2014, a Notary Public in and for said State,
personally appeared Jackie J. Aymon and BessieJo Wagner, known or identified to me to be
the Mayor and City Clerk of the City of McCall, respectively, the Idaho municipal corporation
that executed the instrument or the persons that executed the instrument on behalf of said
municipal corporation, and the person who attested the Mayor's signature to the instrument, and
acknowledged to me that such municipal 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.
,�5� TA1y'•'•
4
(SE NARY �,�'tQ�,cw
Notary Public for'fdaho
s.
�••o,T11TE OF
Assignment of Lease — Lot #9
September 11, 2014 Hunter and Rebecca Baumgartner
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