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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 Page 5 of 5