HomeMy WebLinkAboutLift Station Lease Agreement with New OaksADA COUNTY RECORDER Christopher D. Rich 2016-092923
BOISE IDAHO Pgs=12 DAWN TRIVOLIS 09/29/2016 10:53 AM
CITY OF MERIDIAN, IDAHO NO FEE
LIFT STATION LEASE AGREEMENT
THIS LIFT STATION LEASE AGREEMENT rLease") is made and entered into this l day
of September, 2016, by and between NEW OAKS LLC, an Idaho limited liability company and its
successors and assigns, hereinafter referred to as the "Lessor," and THE CITY OF MERIDIAN, IDAHO,
hereinafter referred to as the "Lessee" or "City,"
RECITALS
Lessor is developing The Oaks North and South Subdivisions (the "Subdivisions") within the City.
The City will provide sewer service for the Subdivisions and has caused to be constructed an
interim sanitary sewer lift station ("Lift Station") within the Oaks South Subdivision that will be owned and
operated by the City as part of its municipal sanitary sewer collection system to provide sanitary sewer to
the Subdivision and to other areas within the City's municipal service area.
Lessor and the City wish to enter into this Lease granting the City the rights of access and use and
for Lift Station operations and maintenance as described herein.
Lessor is willing to provide a Lift Station site lot for the City to operate and maintain the Lift Station
in the location depicted and described on Exhibits A-1 and A-2 hereto.
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AGREEMENT
Lessor, for and in consideration of the above recitals, and the benefits, covenants and agreements
hereinafter mentioned on the part and behalf of the said Lessee to be kept and performed, does by these
presents demise and lease unto the said Lessee, and Lessee does by these presents hire, rent and lease
from Lessor, that certain real property located on the following described real property, to wit:
See Exhibits "A -I' and `AZ (map of site & legal description) attached
hereto and, by this reference, incorporated herein as if set forth in full (the
"Leased Premises").
TO HAVE AND TO HOLD said Leased Premises, together with the appurtenances, privileges,
rights and easements thereto belonging, and subject to all rights, easements, and encumbrances of record,
unto the said Lessee for the rent and upon the terms and conditions as follows:
1, RENT: Lessor and Lessee hereby waive monetary rent and agree that the mutual benefits
provided herein constitute adequate consideration for this Lease. The mutual benefits include but are not
limited to Lessee's ability to begin using the Lift Station in advance of platting and Lessor having the benefit
of sewer service sooner than would otherwise be available.
2. TERM: This Lease shall be for the term of one hundred (100) years, commencing on
December 8, 2015 (the "Lease Term"), unless extended or earlier terminated as provided herein.
3, USE OF LEASED PREMISES: Lessee covenants and agrees that the Leased Premises
shall be used for a Municipal Lift Station, and the construction, operation, and maintenance thereof, and
shall not be used for any other purpose or purposes without the prior written consent of Lessor.
4, LEASE EXTENSION: Unless this Lease is terminated prior to the end of the Lease Term
as provided herein, then this Lease shall automatically renew for additional ten (10) year terms, not to
exceed one hundred (100) additional years, unless otherwise agreed to in writing by the parties.
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5. LEASE TERMINATION:The parties agree that notwithstanding the Lease Term provided
above, this Lease shall earlier terminate when the Leased Premises have been subdivided and platted and
the Leased Premises tot has been conveyed to the City of Meridian.
6. MAINTENANCE: The Leased Premises is bare ground. During the term of this Lease
Lessee shall, at Lessee's sole cost and expense, maintain the Leased Premises in as good condition as
the same is in at the time Lessee shall take possession of the Leased Premises, reasonable wear, tear and
damage by the elements excepted.
7, ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make alterations
and improvements to the Leased Premises that are consistent with the ongoing operation and maintenance
of the Lift Station, Lessee shall maintain all such alterations and improvements made by Lessee in a neat
and orderly condition. Except as otherwise agreed by Lessor and Lessee by separate written agreement,
upon'the termination of this Lease, the Lift Station and related improvements as shall have been added or
made by Lessee shall not revert to the Lessor, shall not become a part of the Leased Premises and shall
be removed from the Leased Premises by Lessee within sixty (60) days of termination. Lessee's operation,
maintenance, repair, replacement, removal or abandonment of the Lift Station and other improvements
shaft comply with all design guidelines applicable to the Leased Premises and all laws and requirements
and standards for construction, operation and/or abandonment of Lift Stations,
8. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and federal
laws, rules, regulations and ordinances governing its use of the Leased Premises and Lift Station and to do
all things necessary to stay in compliance with the same.
9, UTILITIES: It is expressly agreed that during the full term of this Lease, Lessee shall
furnish and promptly pay for any utilities required for the Leased Premises and improvements at Lessee's
own cost and expense.
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10. TAXES AND ASSESSMENTS: Lessor shall pay all real estate taxes and other
assessments of any kind levied against the Leased Premises during the term of this Lease as the same
become due,
11. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor sublet to any
other lessee the Leased Premises or any portion thereof, without Lessor's prior written consent; provided,
however, such consent shall not be unreasonably withheld by Lessor.
1Z LABOR CONTRACTS AND EMPLOYEES: The parties expressly covenant and agree
that all labor contracts and employment agreements with employees or contractors providing services or
materials to or construction upon the Leased Premises shall be made directly With Lessee and that all such
employees and contractors shall be deemed solely the employees or contractors of Lessee and in no way
employees or contractors of Lessor. Lessee covenants and agrees to keep the Leased Premises free and
clear of any claims, including but not limited to mechanics or materialmen's liens, and to indemnify and hold
harmless Lessor of and from any liability for any acts of employees of Lessee or any acts of persons
working for Lessee under a labor contract,
13. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the Leased
Premises nor permit any waste or damage to be done thereto.
14. LIABILITY: Lessor shall not be liable for any injury or damage which may be sustained by
any person or property of the Lessee or any other person or persons resulting from the condition or
operation of the Leased Premises or any improvement thereon, or from the street or subsurface, or from
any other source or cause whatsoever, nor shall the Lessor be liable for any defect, latent or otherwise, in
the Lift Station or structures erected on the Leased Premises, and Lessee agrees to indemnify and hold
harmless Lessor from all such liability,
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15, LIABILITY INSURANCE: Lessee 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 Lessee in the sum of $500,000.00 single -limit coverage.
16. FIRE AND EXTENDED COVERAGE INSURANCE: Lessee shall maintain fire and
extended coverage on the Lift Station and other improvements to the Leased Premises, and Lessor shall
be under no obligation to maintain any fire or extended coverage insurance thereon,
17. CONDEMNATION: If the entire Leased Premises, or a substantial part thereof, are
condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time possession
is taken.
18. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and
every one of the conditions of this Lease are expressly made the essence of this Lease. If Lessee defaults
in the keeping, performing or observing of any of the covenants and agreements herein contained and such
default shall remain uncured for a period of thirty (30) days after written notice shall have been sent by
certified or registered mail to Lessee as hereinafter provided, then in such event the Lessor may, at
Lessors election, either in law or equity, seekspecific performance of this Lease or may declare said term
and Lease forfeited and terminated and may re-enter the Leased Premises to repossess and enjoy the
same as in their first estate, and the effect of such default shall in itself, at the election of Lessor, without
further notice or demand constitute a forfeiture and termination of this Lease, and if thereafter the Lessee
shall fail to surrender possession of the Leased Premises to Lessor and remove all improvements, the
Lessee shall be deemed guilty of an unlawful and forcible detention of the Leased Premises, If Lessee
shall abandon or vacate the Leased Premises, or if this Lease be terminated for default of any of the
covenants and agreements herein contained, Lessee hereby agrees to pay all reasonable expenses
incurred by Lessor in obtaining possession of the Leased Premises from Lessee, including reasonable
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legal expenses and attorney's fees, and to pay such other expenses as the Lessor may incur in putting the
Leased Premises in good order and condition as herein provided, and also to pay all other reasonable and
necessary expenses or commissions paid by Lessor in re-leasing the Leased Premises. In the event of
notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event
Lessee shall pay, in addition to all arrearages as existing under the notice of default, the reasonable
attorney fees incurred by Lessor in determination of the default and the notification to the defaulting
Lessee.
19, INDEMNIFICATION: During the term of this Lease (and thereafter, for incidents
occurring during any term of this Lease) Lessee shalt, to the extent allowed by law, indemnify, defend and
hold harmless Lessor against any and all claims, liabilities, damages, expenses (including reasonable
attorney fees), judgments, proceedings and causes of action of any nature arising from, (j) injury to or death
of any person, or damage to or loss of any property occurring on, in or around the Leased Premises, or
(ii) growing out of connected with the use, condition or occupancy of the Leased Premises or (iii) losses
resulting from a breach of this provision of this Lease. This obligation to indemnify shall be limited to the
acts or omissions of Lessee 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 Lessor, or Lessors
officers, employees, or servants. Lessee's obligation to indemnify shall survive the satisfaction of this
Lease,
20. 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
prevailing party in such action or collection shall be entitled to recover from the other party its reasonable
attorney's fees and costs, together with such other costs as may be authorized by law.
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21. NOTICES: All notices required to be given to each of the parties hereto under the terms of
this Lease 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
address:
Lessor: New Oaks LLC
3103 W. Sheryl Drive
Meridian, ID 83642
Lessee: City of Meridian
33 E. Idaho
Meridian, ID 83642
or to such other address as may be designated by 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.
24, REPRESENTATIONS: It is understood and agreed by and between the parties hereto
that there are no verbal promises, implied promises, agreements, stipulafions, representations or
warranties of any character excepting those set forth in this Lease.
25, BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and
bind the heirs, executors, administrators, assigns and successors in interest of the respective parties
hereto.
26. SITUS: This Lease is established and accepted by the Lessee under the laws of the State
of Idaho, and all questions concerning its validity, construction and administration shall be determined
under such laws,
27. HEADINGS: The bolded paragraph headings are for convenience only and are not a part
of this Lease and shall not be used in interpreting or construing this Lease Agreement.
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28. SEEVERABILITY: If any portion or portions of this Lease shall be, for any reason, 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.
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IN WITNESS WHEREOF, Lessor and Lessee do execute this Lease effective the day and year first
above written.
STATE OF IDAHO
61.1
County of Ada
"Lessor'
NEW OAKS LLC
By:_ V
Thomas M. Coleman Jr.
President of Coleman Communities, Inc.
Manager of Coleman Homes LLC
Manager of New Oaks LLC'
On this Zay of o1K , 2016, before me, the undersigned, a Notary
Public in and for said State, personally appeared Thomas M. Coleman Jr., known or identified to me to be
the person who executed the foregoing instrument on behalf of said limited liability company and
acknowledged to me that such limited liability company executed the same.
(SEAL) INCL
A
NOTA P ELIC F0 IDAHO
CON.• % TAR} 7n RESIDING AT:
.•... MY COMMISSION EXPIRES: 3 0l
,n P{1Boc .G!
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(+ Cily or
w
E IDIAN
/OANO
SEAL )
STATE OF IDAHO
"Lessee"
CITY OF MERIDIAN, IDAHO
ss.
County of Ada
On this _y' day of m , 2016, efore me,
the undersigned, a Notary Public in and for said State, personally appeared T and 4aysee C . Sc�y
tb ., known to me to be the and City Clerk of the City of Meridian, Idaho, and who executed the W.5
within instrument, and acknow dged to me that the City of Meridian executed the same.
Cay 0"qd- "l �i'eSrG� f
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL) ' -�'0 •�'
p � .
tt 049
6649
I� L
NOTARY PUBLI OR 1D HO }�
RESIDING AT: _!
MY COMMISSION EXPIRES:'
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EXMBIT A-1
DESCRIPTION FOR INTERIM LIFT STATION AND PRESSURE SEWER LOT
PROPOSED OAKS SOUTH SUBDIVISION
A parcel of land located in the NW of Section 33, T. 4N., R.1 W.,; ,B.M., Meridian,
Ada County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North 114
comer of said section bears South 89016'58" East, 2635 25 feet; thence along the west
boundary of the NW of said section South 0003239" West, 712.72 feet; thence leaving said
boundary South 89*2721" East, 50.00 feet to the POINT OF BEGINNING;
thence continuing South 89027'21" East, 150.72 feet;
thence South 0003239" West, 185.23 feet,
thence North 89'27'21" West, 150.72 feet;
thence North 00'3239" East, 18523 feet to the POINT OF BEGINNING. Containing
27,918 SF (0.64 acres), more or less.
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HIM A- <
29 1,28 Y/ Mcrt�llMN MV s W16'58` E; 26 &W 28 1/4
ch
;3,>T-.3 BASIS OF 8EAf2M--33
ONY"S + rtj SUSO -
``I t
I
PROPOSED INTERIM LIFT STATION
AND PRESSURE SEWER LOT
0,60 ACRS
w it"27ir W TS{7.72 ,gyp LAi4r�7"
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