HomeMy WebLinkAboutGround Lease with SANC investments for Kennedy Commercial Sanitary Sewer Lift StationADA COUNTY RECORDER Christopher D. Rich 2016.017371
BOISE IDAHO Pgs=8 VICTORIA BAILEY 03/02/2016 10:55 AM
MERIDIAN CITY NO FEE
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This area reserved for Recorder
LEASE AGREEMENT
CITY OF MERIDIAN & SANC INVESTMENTS LLC
SANITARY SEINER LIFT STATION AREA GROUND CEASE
KENNEDY COMMERCIAL CENTER SUBDIVISION
PORTION OF LOT 9, BLOCK 1
THIS GROUND LEASE is made as of the , day of , 2016, between
SANC Investments LLC as Lessor, hereinafter referred to as "SANC," and THE CITY OF MERIDIAN,
IDAHO a Lessee, hereinafter referred to as "CITY." SANC and CITY may be referred to herein
collective!y as "the parties."
WHEREAS, SANC has constructed a sanitary sewer lift station located on its real property
that will be owned and operated by CITY, and
WHEREAS, SANC desires to lease the sewer lift station ground area to CITY at no cost so
that CITY can provide sanitary sewer utility services pursuant to CITY's regulations and Ordinances
NOW, THEFORE, SANC and CITY do enter into this GROUND LEASE for the following
described "Leased Premises That certain real property located within Lot 09 Block 01 of the
Kennedy Commercial Center Subdivision in the City of Meridian, County of Ada, State of Idaho,
consisting of approximately 878 square feet of real property as depicted on the site plan attached
to and made a part of this Ground Lease as Exhibit "A".
GROUND LEASE -1
1, LEASE OF LEASED PREMISES AND GRANT OF ACCESS EASEMENT. SANC leases
to CITY a, A CITY leases from SANC the Leased Premises for a terra of 99 years commencing on the date
that CITY accepts the sanitary sewer lift station infrastructure for ownership and maintenance. The Leased
Premises are leased to CITY subject to all easements, encumbrances and restrictions of record or
appearing on the land, except and save only such easements, encumbrances and restrictions as are
hereafter treated by SANC without: C,ITY's knowledge or approval. Unless this Lease is earlier terminated
by mutual .agreement of the parties or as otherwise provided herein, this lease shall continue on a year to
year basis after the initial 99 year term. SANC also hereby grants to the City, its respective, contractors,
employee >, agents, licensees and invitees, a blanket nonexclusive easement for ingress and egress by
vehicular ::nd pedestrian traffic upon, over and across of SANCs Parcel (Lot 09 Block 01 of the Kennedy
Commerc A Center Subdivision in the City of Meridian, County of Ada, State of Idaho), for purposes of
operating ;nd maintaining the sanitary sewer lift station facilities.
2, RENT: SANC and CITY hereby waive monetary rent and agree that the m,.rtual
benefits p )vided herein constitute adequate consideration for this agreement. The mutual benefits include
but are nc, limited to CITY's ability to provide sanitary sewer service to this location and SANC having the
benefit of :aid sanitary sewer service to serve SANC's property in a timely manner.
3. USE OF PREWIISES, QUIET ENJOYMENT,ALTERATIONS AND
IMPROVE VIENTS: CITY covenants and agrees that the Leased Premises shall be used for a sanitary
sewer lift : ,ration site, and shall not be used for any other purpose or purposes without the prior written
consent o SANC. SANC covenants that so long as no default has occurred, CITY shall have quiet and
peacefil r. Ossession of the Leased Premises, free and clear of any person claiming by; through or under
'ANC, nn. subject to all matters and rights of record appearing on the land or known to CITY as of thE)
date of the:. Ground Lease. CITY shall have the right to make alterations and improvements to the Leased
GROUNID _EASE - 2
Premises is necessary for the continued operation of the sanitary sewer lift station. City shall not permit
the lier of :iny contractor, subcontractor, mechanic, labor or materialman, or any other lien of any kind or
nature .o 1 )a imposed upon the Leased Premises, and shall promptly cause the same to be removed if any
lien is imposed. Upon the termination of this Lease, all improvements shall remain in the ownership of
CITY and not revert to SANC, and shall not become a part of the Leased Premises.
4. MAINTENANCE: CITY shall, at City's sole cost and expense, agrees to maintain
the Leased Pre irises in as good condition as the carne is in at the time CITY shall take possession of the
Leased P (,;mises, reasonable wear, tear and damage by the elements excepted and at the termination of
this Lease in any manner, CITY shall surrender said premises to SANC in such condition.
5. COMPLIANCE WITH LAW: CITY agrees to comply with all municipal, state and
federal la ,s, rules, regulations and ordinances and to do all things necessary to stay in compliance with the
same.
5. UTILITIES: It is expressly agreed that during the full term of this Lease, CITY
shall furni .h and promptly pay for any utilities required for the improvements on the Leased Premises at
CITY's ov.n cost and expense.
7. TAXES AND ASSESSMENTS: SANC shall pay all real estate taxes and
assessments of any kind levied against the above derni;sed premises during the term of this Lease anca any
extension thereof promptly as the same become due.
8. ASSIGNMENT OR SUBLEASING: CITY shall not assign this Lease nor sublet to
any other lessee the said leased premises or any portion thereof, without the written consent first obtained
of SANC; provided, however, such consent shall not be unreasonably withheld by SANC.
9. LIABILITY: SANC shall not be liable' for any injury or damage which may be
sustained by any person or persons resulting from the condition of the Leased Premises or any part
GROUND LEASE - 3
thereof, or from any other source or cause whatsoever, nor shall the SANC be liable for any defect in the
structures on said leased premises, latent or otherwise, and CITY agrees to indemnify and hold harmless
SANC from such liability pursuant to Article 13 of this Agreement.
10. LIABILITY INSURANCE: CITY shall maintain a comprehensive liability insurance
policy covering the above -demised premises during the term of this Lease with a responsible insurance
company, all at the sole cost and expense of CITY in the sum of $500,000.00 single -limit coverage.
11. EIRE AND EXTENDED COVERAGE INSURANCE: CITY shall maintain fire and
extended coverage on the improvements to the leased premises placed thereon by CITY, and SANC shall
be under no obligation to maintain any fire or extended coverage insurance thereon.
12. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of
each and every one of the conditions of this Agreement are expressly made the essence of this Agreement.
If default be made by the CITY in keeping, performing or observing any of the covenants and agreements
herein contained and such default shall remain so for a period of thirty (30) days after written notice shall
have been sent to CITY as hereinafter provided, then in such event SANC may, at SANC's election, either
in law or equity, may declare said term and Lease forfeited and ended and re-enter the Leased Premises
again to repossess and enjoy the same.
13. INDEMNIFICATION: During the term of this Lease (arid thereafter, for incidents
occurring during any term of this Lease) CITY shall indemnify, defend and hold harmless SANC against
any and all claims, liabilities, damages, expenses (including reasonable attorney fees), judgments,
proceedings and causes of action of any nature arising from: (i) injury to or death of any person, or damage
to or loss of any property occurring on, in or around the Leased Premises or the Access Easement, or (ii)
growing out of connected with the use, condition or occupancy of the Leased Premises or the Access
Easement, or (iii) losses resulting from a breach of this provision of this agreement. This obligation to
GROUND LEASE - 4
indemnify shall only to the extent allowed by law, and shall be limited to the acts or omissions of CITY or its
officers, contractors, licensees, agents, servants, employees, guests, invitees or visitor and not caused by
the negligence or other wrongful act of omission of SANC, or SANC's officers, employees, or servants.
CITY's obligation to indemnify shall survive the satisfaction of this agreement.
14. ATTORNEYS FEES: In the event an action is brought to enforce any of the
terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties
hereto, the successful party to such action or collection shall be entitled to recover frorn the losing party a
reasonable attorney's fee, together with such other costs as may be authorized by law.
15. 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, return receipt requested, to the respective parties hereto at the following address:
SANC Investments LLC.
Derk Pardoe
3454 Stone Mountain Lane
Sandy, Utah 84092
CITY: City of Meridian
City Clerk
33 E. Broadway Ave
Meridian, ID 83642
City of Meridian
Warren Stewart — City Engineer
33 E. Broadway Ave
Meridian, ID 83642
or to such other address as may be designated by writing delivered to the other party. All notices shall be
deerne I completed as of the date of mailing except as otherwise expressly provided herein.
GROUND LEASE - 5
16. REPRESENTATIONS: It is understood and agreed by and between the p;; hies
hereto Jhat there are no verbal promises, implied promises, agreemen-s, stipulations, representations or
warranties of any character excepting those set forth in this Agreement.
17. BINDING EFFECT: The provisions and stipulations hereof shall inure to the
benefit 7f and bind the heirs, executors, administrators, assigns and successors in interest of the respective
parties hereto.
18. SITUS: This tease is established and accepted by the CIT`( under the laws of the
State of Idaho, and all questions concerning its validity, construction and administration shall be determined
under,, uch laws.
19. HEARINGS: The bolded paragraph headings are for convenience only and are
not a part of this Lease agreement and shall not be used in interpreting or construing this Lease
agreerr ent.
20. SEVERABILITY: If any portion or portions of this Lease shall be, for any re, -son,
invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and
carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties
hereto.
IN WITNESS WHEREOF, the SANC and CITY do execute this Lease Agreement the day
and ye:Ir first above written.
SIGNATURES ON FOLLOWING PAGE
GROUND LEASE - 6
LESSOR
SANC Investments, LLC
STATE OF UTAH, )
ss.
County of Salt Lake)
By: .
Derk Pardoe — Managing Member
LESSEE
CITY OF MERIDIAN, IDAHO
STATE OF IDAHO,)
ss.
County of Ada. )
`"�1iPYHD i1 UC.L . S1
�1
City of
'DAHU�
SEAL >
Attests
t
City- ler
Tammy de VY60, Mayor
On This day or (�tyrc,►� 2016, before me, the undersigned, a
Notary Public in and for said S��tatTe',, p��ers"onally appeared Tammy de Weerd and Jaycee Holman., known to me to be the Mayor
and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written, • •sweet
.•C,A J0�•
(SEAL)
0
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••memo•
GROUND LEASE - 7
NOTARY�PBLIC�FOD HO
RESIDING AT: Uc.N �A(cch tD
MY COMMISSION EXPIRES: I /L 202.0
On this _ day of
, 2016, before me, the undersigned, a
Notary Public in and for said State, personally appeared Derk P
rdoe, known or identified to me to be the Managing Member of
SAN investmentsaLLC,aril,-w,hQ executed the_inst[urnent,-an_cknowledged tome that said LLC executed the same.
(SEAL) q
NOTARY PUB C FOR UTAH
E i
RESIDING AT Sandy Utah
MY COMMISSION EXPIRES:
LESSEE
CITY OF MERIDIAN, IDAHO
STATE OF IDAHO,)
ss.
County of Ada. )
`"�1iPYHD i1 UC.L . S1
�1
City of
'DAHU�
SEAL >
Attests
t
City- ler
Tammy de VY60, Mayor
On This day or (�tyrc,►� 2016, before me, the undersigned, a
Notary Public in and for said S��tatTe',, p��ers"onally appeared Tammy de Weerd and Jaycee Holman., known to me to be the Mayor
and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written, • •sweet
.•C,A J0�•
(SEAL)
0
�.�L1G.�� o
'4S
;`�7'E OF ;9•
••memo•
GROUND LEASE - 7
NOTARY�PBLIC�FOD HO
RESIDING AT: Uc.N �A(cch tD
MY COMMISSION EXPIRES: I /L 202.0
EXHIBIT A
Kennedy Commercial Center Subdivision
Lift Station Lease
Legend
O Parcel Comers
Overland Park Apartments - 578 Sq. Ft.
University of Phoenix - 574 Sq. Ft.
GROUND LEASE - 8
Corners X_COORD Y_COORD
SE Corner
-116.405847
43.592834
NE Corner
-116.405848
43.59292
NW Corner
-116.405986
43.592919
SW Corner
-116.405986
43.592833
Feet
12.5 25