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HomeMy WebLinkAboutLease Agreement for Space Probation and Parole '"1 _LEASE AGREEMENT FOR SPAt8 THIS LEASE AGREEMENT FOR SPACE ("Lease Agreement") is entered effective upon the date of the last required signature (the "Effective Date"), by and between City of Meridian, 33 East Idaho, MAridian, Idaho 83642, (the "LessorJl), and the STATE OF IDAHO, by and through DepartmAnt of CorrAction, Probation and ParolA (the "Lessee"), for the leasing of that real property described below and referred to as the "Premises." The Lessor and the Lessee may be referred to collectively as the "Parties." The Parties specifically agree and acknowledge that the approval signature of the Leasing Manager, Division of Public Works, Department of Administration, is a required signature. WITNESSETH WHEREFORE, in consideration of the mutual covenants, agreements, and conditions contained in this Lease Agreement, the Parties agree as follows, 1. I F!:'J~F. of PrAmi~A!'ò. The Lessor does hereby demise and lease to the Lessee the Premises situated in the City of MAridian, County of Ada, State of Idaho, known and described as follows: Room 103 in 1401 East WatArtower Street, Meridian Idaho 83642, Meridian, Idaho. 2. Ierm. The term of this Lease Agreement is Twelve (12) months. As time is of the essence, the term of this Lease Agreement shall begin on July 1, 2002 and shall end at midnight on June 30, 2003, The Parties agree that this Lease Agreement is subject to the termination, expiration and renewal rights set forth in this Lease Agreement. The Lessee may, at the expiration of the term of this Lease Agreement and without the necessity of renewing said Lease Agreement, continue in its occupancy of the Premises on a year to year basis upon the terms and conditions set forth in this Lease Agreement for a period not to exceed five (5) years. 3. P:'JymAnt. The Lessee shall pay to Lessor a fixed payment for the term of this Lease Agreement in monthly installments of approximately $275 00 each. The lease payment shall be computed at a rate of $11 00 per square foot, per year. The total square footage of the Premises is 300, subject to measurement using BOMA standard. The total yearly lease payment is $3,300 00. Upon election by the Lessee to pay in advance - quarterly, - semi-annually, or _annually, the Lessor shall allow Lessee a discount of 0% pArcAnt, The lease payments shall be paid pursuant to the Lessor's timely submission of invoices for payment. Upon receipt, Lessee shall forward Lessor's invoice to the State Controller for payment. Lessor specifically acknowledges that State vouchers are processed by the State Controller, not Lessee. Therefore, any payment that is made no later than sixty (60) days after it is actually due shall not be considered an event of default. Lessee shall use its best efforts to expedite payment. It is expressly covenanted and agreed that any prepayment of rent made by the Lessee under the terms of this Lease Agreement shall be considered as an advance payment of rent only and no part thereof shall be considered as a security or cash deposit. 4. Ar:C'.F!pt:'Jnr.A of PrAmi!'òA!'ò. Lessor shall deliver the Premises to Lessee in accordance with floor plans and specifications attached to this Lease Agreement as Exhibit A, and incorporated herein by reference. Prior to or at occupancy, Lessee shall provide Lessor with a written statement acknowledging inspection and acceptance of the Premises. Anything contained in this Lease Agreement notwithstanding, Lessee's obligations under this Lease Agreement shall not commence until Lessee's acceptance of the Premises. Lessee's inspection and acceptance of the Premises are based upon what may be reasonably observed by one untrained or unfamiliar with building inspections. At Lessee's discretion, Lessee may have particular conditions or parts of the Premises inspected by one trained or familiar with building inspections. In no event shall Lessee's inspection, or inspection by any agent of Lessee, be deemed a waiver of any defects in the Premises. 5. No W:'J!'òtA; RF!p:'Jir~. Lessee will not commit waste on the Premises, nor will it disfigure or deface any part of the building, grounds, or any other part of the Premises, including fixtures. Lessee further covenants that upon return, the Premises will be in the same condition as originally received, reasonable wear and tear Correction, Probation and Parole - Meridian- 1 excepted. Repairs, except thc8actually necessitated by Lessee's wa8disfigurement or defacement, and except for repairs required by the removal of Trade Fixtures as provided for in Paragraph 13 of this Lease Agreement, shall be made solely at the Lessor's expense. Any repairs shall be done in a workmanlike manner and must comply with all applicable codes, ordinances, rules and regulations. 6. SFJrvir.FJ~ :'Jnn P~rking. The Lessor covenants that it will provide, perform, and pay for the services, maintenance and parking as follows: A. Utilities: Domestic water and sewer. Electricity . Natural Gas. Irrigation. Local Phone Service. S. Facility Repair and Maintenance: General Building structure and related equipment (Interior and Exterior). Heating system and related equipment. Cooling and air handling system and related equipment. Electrical system and related equipment. Sewer and plumbing systems and related equipment. Exterior lighting, including landscaped areas, parking area and walkway. Cleaning ground and parking area of debris X weekly - monthly - other: Common area janitorial service X daily (excluding weekends and holidays) - other: Trash removal from property X weekly - other: Furnishing of all washroom materials, including paper products, soap, cleaning supplies and equipment. Light bulb and fluorescent tube replacement. Ice and snow removal prior to start of each business day. Directory sign with Lessee name. Door sign with Lessee name. Lawn and shrubbery care weekly during season. C. Custodial Services: Complete Janitorial service X daily (excluding weekends and holidays) - other: - Trash removal from Premises X daily (excluding weekends and holidays) _weekly - other: Window cleaning X quarterly - other: Carpet spot cleaning - semi-annually - annually X as needed. Shampoo carpet x..semi-annually - annually - as needed. D. Parking: A total of 2 lighted and paved automotive parking spaces (including 0 of which will be secured) will be maintained with adequate ingress and egress available. Handicapped spaces will be provided equal to the requirements of the Americans With Disabilities Act (ADA). 7. SrF!C'.Î::I1 Prnvi!'òjoM. a. Iaxes. Lessor shall pay and discharge all taxes and assessments whatsoever charged against the Premises whether charged by federal, state, county, city or other public authority. b. Long ni!'òt:'Jnr:FJ TFJIP.rhonp. Ch::lrgFJ!'ò. The Lessee agrees to reimburse Lessor for any costs incurred for long distance telephone calls made by the Lessee. c. OthFJr SrFJr:i:'J1 Prnvi!=;ions. No other special provisions exist. 8. F:'JihlrFJ to Rp.p~ir. M:'Jint:'Jin or SFJrvir.p.. In the event that the Lessor shall fail or refuse to make such repairs, perform such maintenance, provide such services, or to take any other action required of the Lessor pursuant to this Lease Agreement, Lessee shall give Lessor reasonable notice and time to cure and, failing such cure, Lessee may, at its option, make such repairs, perform such maintenance, provide such services, or take any such action, and deduct such sums expended doing so from the lease payments Correction, Probation and Parole - Meridian- 2 due to the Lessor. In the eve.at such failure or refusal prevents Le8e from occupying any or all of the Premises, Lessee may deduct a pro rata sum from its lease payments equal to the greater of the monthly cost per square foot of those Premises not acceptable for occupancy or the actual cost incurred by the Lessee to secure and occupy alternate premises. Lessee's decision to exercise this remedy shall not be deemed to limit its exercise of any other remedy available under this Lease Agreement, at law or in equity. 9. PAr!=;OMI Injury n:'Jm;:¡OF!!=;. Subject to any applicable provisions of the Idaho Tort Claims Act, Lessee agrees to defend and hold Lessor harmless for any and all claims based on proven personal injury damages suffered by public business invitees of the Lessee, provided, however, that Lessee shall have such obligation only for injuries and damages resulting from the negligent acts or omissions of employees of the Lessee and shall have no such obligation related to acts or omissions of employees or invitees of the Lessor. 10. InrlAmnifiC'.;:¡tion. Lessor hereby agrees to defend, indemnify and save Lessee harmless from and against any and all liability, loss, damage, cost, and expense, including court costs and attorneys' fees of whatever nature or type, whether or not litigation is commenced, that the Lessee may incur, by reason of any act or omission of the Lessor, its employees or agents or any breach or default of the Lessor in the performance of its obligations under this Lease Agreement. The foregoing indemnity shall not apply to any injury, damage or other claim resulting solely from the act or omission of the Lessee. 11. I J~A of PrAmi!=;A!=;. Lessee shall use the Premises for the following purposes: conduct the bu~inAss of the Department of Correction, Probation and Parole. Lessor warrants that, upon delivery, the Premises will be in good, clean condition and will comply with all laws, regulations or ordinances of any applicable municipal, county, state, federal or other public authority respecting such use as specified above. Lack of compliance shall be an event of default and shall be grounds for termination of this Lease Agreement. 12. FirA or n;:¡m;:¡gA. A. D;:¡m:'JOA or DA!'òtn ¡don RAnrlers PrF!mi~A!'ò Unfit for ()r.r.1 ¡p:'Jncy. If, during the term of this Lease Agreement, the Premises, or any portion thereof, shall be destroyed or damaged by fire, water, wind or any other cause not the fault of Lessee so as to render the Premises unfit for occupancy by Lessee, this Lease Agreement shall be automatically terminated and at an end. Lessee shall immediately surrender the Premises to Lessor and shall pay rent only to the time of such surrender. If comparable and acceptable office space can be provided by the Lessor within thirty (30) days of the date of destruction or damage, the Lessee may elect. at its sole option, to relocate to such substitute office space and all relocation costs shall be at the sole expense of the Lessor. Rents will be continued upon occupancy at the lesser of: (i) the current lease rate; or (ii) the market rate for the substitute space. Such relocation shall be for the remainder of this Lease Agreement or any extension. B. Some Portion Fit for ()r.r.up;:¡nr:y. (i) Notwithstanding any other provision of this Lease Agreement, if less than fifty percent (50%) of the Premises are destroyed or damaged, and if that portion of the Premises may be restored within ninety (90) days to as good a condition as originally received, the Lessee may elect to continue this Lease Agreement and Lessor shall have the option to restore the Premises. Lessee shall give written notice of its intention to continue this Lease Agreement within thirty (30) days after such damage or destruction occurs. If Lessor does not elect to restore the Premises, the Lessor shall provide the Lessee with written notice of that fact and this Lease Agreement shall automatically terminate effective as of the date of destruction or damage. (ii) If the Lessor elects to restore or rebuild pursuant to the option provided in paragraph 12.B.(i), the rents otherwise due Lessor by Lessee shall be abated equal to the monthly cost per square foot of the unoccupied Premises for that period of time during which restoration or rebuilding of the Premises occurs. If the Lessee is unable to occupy all or part of the Premises during the restoration then, at the option of the Lessee, the Lessee may be relocated to comparable and acceptable office space and all relocation costs shall be at the sole expense of the Lessor. If such restoration or rebuilding exceeds ninety (90) days beyond the date of the destruction or damage to the Premises, Lessee may terminate this Lease Agreement without liability of any kind save payment for actual occupancy of the Premises prior to termination. Correction, Probation and Parole - Meridian- 3 C. Prp.p:'Jir! RAnt. .e event that this Lease Agreement is .inated as the result of damage or destruction to the Premises during any period of its term for which the Lessee has prepaid rent, the Lessor shall, within ten (10) days from the date of notification of termination by the Lessee, refund the full amount of any prepaid rent not then applied to a period of the Lessee's actual occupancy of the Premises. In the event that the Lessor does not timely remit the full amount of any prepaid rent to the Lessee, the Lessee shall be entitled to collect the full amount of its prepaid rent from insurance proceeds in the manner set forth in this Lease Agreement. 13. AltAr:'Jtinn!'ò. Except as otherwise agreed, subsequent to the Effective Date and during the term of this Lease Agreement and any extension, neither Lessor nor Lessee shall make any alterations, additions or improvements to the Premises without the prior written consent of the other. Any and all alterations and improvements made by Lessee shall be made at Lessee's sole expense and, subject to the exception for Trade Fixtures provided below, shall, upon termination of this Lease Agreement, and without disturbance or injury, become the property of the Lessor, and shall remain in and be surrendered with the Premises. Any such alterations, whether performed by Lessor or Lessee, must be made in a workmanlike manner and must comply with all applicable codes, ordinances, rules and regulations. Notwithstanding any other provision of this Lease Agreement, Trade Fixtures, as defined in this Lease Agreement, installed by Lessee shall, at the option of the Lessee, not become the property of the Lessor and, upon the termination of this Lease Agreement, the Lessee may remove such Trade Fixtures and return the Premises in as close to original condition as possible, reasonable wear and tear excepted. For purposes of this Lease Agreement, a Trade Fixture is defined as personal property used by the Lessee in the conduct of its business and includes items such as, but not limited to, shelves and reception counters. 14. OF!f:'JIJlt, In the event that either party shall default in the performance of any material term, covenant, or condition of this Lease Agreement, the party not in default may at its option terminate this Lease Agreement. The party alleging default must provide written notice of said default, specifying the alleged default, and the receiving party shall have fifteen (15) business days to cure or shall immediately provide written documentation that it is proceeding to cure the default in an expedited manner (e.g., working overtime, express delivery, etc.). Should Lessee be in default by surrendering occupancy of the Premises in some manner violative of the terms of the Lease Agreement, Lessor may reenter the Premises without affecting its right of recovery of accrued rent therefor; provided, however, the Lessor shall exercise due diligence to mitigate any and all future losses of rent or damages that may result due to the failure of the Lessee to occupy the Premises. 15. ~I Jffir.iAnt Apprnpri:'Jtinn hy [Agi!=;I;:!tlJrp. Rp.qllirAr!. It is understood and agreed that the Lessee is a governmental entity, and this Lease Agreement shall in no way or manner be construed so as to bind or obligate the State of Idaho beyond the term of any particular appropriation of funds by the State legislature as may exist from time to time. The Lessee reserves the right to terminate this Lease Agreement if, in its judgment, the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for Lessee to continue such lease payments. All future rights and liabilities of the Parties shall thereupon cease within ten (10) days after the notice to the Lessor. It is understood and agreed that the lease payments provided for in this Lease Agreement shall be paid from State legislative appropriations. 16. A!=;!';ignmAnt hy I A!'ò~AA - Right tn TArmin:'JtA I F!:'J!'òA AgrAAmAnt :'Jt OirF!dion of Irl:'Jho Op.partmAnt of Arlmini!=;tŒtion. The parties to this Lease Agreement recognize and agree that Lessee, as an agency of the State of Idaho, is subject to the direction of the Idaho Department of Administration pursuant to Title 67, Chapter 57, Idaho Code, and, specifically, the right of that department to direct and require Lessee to remove its operations from the Premises and relocate to other facilities owned or leased by the State of Idaho. Accordingly, it is agreed that, upon the occurrence of such event, Lessee may terminate this Lease Agreement at any time after a one-year period from the date of the commencement of the Lease Agreement as determined under Paragraph 2, provided that Lessor is notified in writing ninety (90) days prior to the date such termination is to be effective. Such action on the part of the Lessee will relieve the Lessee and the State of Idaho of liability for any rental payments for periods after the specified date of termination or the actual date of surrender of the Premises, if later. Add;l;v"C2l1y, 1111;;; DI;;;I-'~u 11111;;;..1 vr Ad"I;,I;.::>11 C2[;VII, C21 il.::> VI...l;VII, UI-'VII Correction, Probation and Parole - Meridian- 4 . .~ (:II IVU 'el .;ílalc g~""II'-'Y, del-'a,l, VI ; I~t;lul;VII. Tile I-'IUV;~;V I~ vf tile ;:>e A~,ee'llel,l ..;11 '-'\.I I' U ;'1 f",11 (vl,-,e gild ~ffc,-,l UI-'VII ~u,-,I, g~.;J;~IIIIIClllby tile Dt;¡¡l-'a,l."e"l vf A~",;";;;íl,at;v,,. 17. Offid:'JI!'ò, AgAnt~ :Inri FmploYAA!=: of I A!=:!=:AA Not PAf!=:on:llly I i:lhlA. It is agreed by and between the Parties that in no event shall any official, officer, employee or agent of the State of Idaho be in any way liable or responsible for any covenant or agreement contained in this Lease Agreement, express or implied, nor for any statement, representation or warranty made in or in any way connected with this Lease Agreement or the Premises. In particular, and without limitation of the foregoing, no full-time or part-time agent or employee of the State of Idaho shall have any personal liability or responsibility under this Lease Agreement, and the sole responsibility and liability for the performance of this Lease Agreement and all of the provisions and covenants contained in this Lease Agreement shall rest in and be vested with the State of Idaho. 18. RF!lation of P:'JrtiA!=: The Parties agree and acknowledge that neither shall be considered the employer, agent, representative, or contractor of the other by reason of this Lease Agreement. 19. Notir.A!'ò, Any notice required to be served in accordance with the terms of this Lease Agreement shall be sent by registered or certified mail. Any notice required to be sent by the Lessee shall be sent to the Lessor's last known address at 33 East Idaho, MArirtian, Idaho 83642 and any notice required to be sent by the Lessor shall be sent to the address of the Premises and to the Lessee's address in Boise, i.e., POBox 83720, Boise, Idaho 83720-0018, A copy of any such notice shall also be sent to the Department of Administration, Division of Public Works, Attn: Leasing Manager, Post Office Box 83720, Boise, 10 83720- 0072. In the event of a change of address by either Lessor or Lessee, the Parties agree to notify each other in writing within ten (10) days of the date of any such change. 20. Im:llranr:A. The Lessor shall maintain an insurance policy (or policies) for the purpose of insuring any property and liability risks regarding the Premises. Any such policy obtained by the Lessor shall be at its sole and absolute expense, and Lessee shall have no obligation to obtain or pay for such insurance. In the event that the Lessee shall prepay rent in the manner set forth in this Lease Agreement, the insurance policy (or policies) obtained and maintained by the Lessor shall identify the Lessee as a named insured under the terms of the policy. Any such insurance policy shall further state that the Lessee shall be entitled to receive insurance proceeds in the full amount of any prepaid rent prior to any distribution of insurance proceeds to the Lessor or any other third party not having an insurable interest in the Premises. The Lessor shall provide the Lessee with a copy of its insurance policy on or before the term this Lease Agreement commences. The Lessee acknowledges that its personal property is subject to coverage in accordance with state law. 21. TArmin:'Jtion. This Lease Agreement shall automatically terminate at the end of its term unless otherwise continued, terminated or renewed in accordance with the terms of this Lease Agreement. 22. HAir!=: :'Jnrl A~!=:ign~, The terms of this Lease Agreement shall apply to the heirs, executors, administrators, successors and assigns of both the Lessor and the Lessee in like manner as to the original parties. An assignment of this Lease Agreement by the Lessor must be approved by the prior written consent of the Lessee, which consent shall not be unreasonably withheld. 23. NonwaivAr. The failure of the Lessor or Lessee to insist upon strict p_erformance of any of the covenants and agreements of this Lease Agreement or to exercise any option contained in this Lease Agreement shall not be construed as a waiver or relinquishment of any such covenant or agreement, but the same shall be and will remain in full force and effect unless such waiver is evidenced by the prior written consent of authorized representatives of the Lessor and Lessee. 24 Morlifir:ation. This Lease Agreement may be modified in any particular only by the prior written consent of authorized representatives of the Lessor and Lessee. Anything else contained herein notwithstanding, modifications to this Lease Agreement shall be of no force and effect until approved in writing by the Department of Administration, Division of Public Works. 25. RAnAwal. This Lease Agreement may be renewed by the written consent of the Lessor and Lessee provided such consent is rendered sixty (60) days in advance of the expiration of the term of this Lease Correction, Probation and Parole - Meridian- 5 Agreement. Notice of Lessor'8fer to renew shall be given by the Le8r one hundred twenty (120) days prior to the expiration of this Lease Agreement, including any extension. Lessee will have thirty (30) days to respond to Lessor's offer. If agreement is not reached by sixty (60) days prior to the expiration of the Lease Agreement, Lessor may lease the Premises to another party, but not on more favorable terms than offered to Lessee, without first giving Lessee ninety (90) days to accept or reject those new terms. 26. A!=;hA!=>tO!'ò :'Jnrl HF!«Ilth H:'J7:'Jrrl!=>. Lessor agrees to comply promptly with all requirements of any legally constituted public authority made necessary by any unknown or existing health hazard including, but not limited to, such hazards which may exist due to the use or suspected use of asbestos or asbestos products in the Premises. The Lessor warrants that it has inspected the Premises for health hazards, specifically for the presence of asbestos, and the inspection has not detected asbestos, or if Lessor's inspection has revealed asbestos, then Lessor warrants that it has been removed or been encapsulated in accordance with current law and regulations. In the event that asbestos or another health hazard is discovered on the Premises, the Lessor agrees to protect the Lessee and its employees and to take immediate corrective action to cure the problem. It is agreed that, in the event the Lessee is unable to continue occupancy of the Premises due to the presence of asbestos or any other health hazard, or because of any governmental, legislative, judicial or administrative act, rule, decision or regulation, the Lease Agreement may be terminated by the Lessee upon ten (10) days' written notice to the Lessor. Any asbestos abatement costs, and any other repair or renovation costs associated with asbestos or other health hazard, as well as moving costs and consequential damages, will be at the sole expense of the Lessor. 27. Non ni~r.rimin:'Jtion. The Lessor hereby agrees to provide all services funded through or affected by this Lease Agreement without discrimination on the basis of race, color, national origin, religion, sex, age, physical/mental impairment, and to comply with all relevant sections of: Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; The Age Discrimination Act of 1975 and to comply with pertinent amendments to these acts made during the term of this Lease Agreement. The Lessor further agrees to comply with all pertinent parts of federal rules and regulations implementing these acts. The Lessor hereby agrees to provide equal employment opportunity and take affirmative action in employment on the basis of race, color, national origin, religion, sex, age, physical/mental impairment, and covered veteran status to the extent required by: Executive Order 11246; Section 503 of the Rehabilitation Act of 1973, as amended; Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and to comply with all amendments to these acts and pertinent federal rules and regulation regarding these acts during the term of the Lease Agreement. 28. H:'Jnrlir-.::¡p Ar:C'.A!=>!=>ihility. Any space leased by the State of Idaho will meet or exceed standards for handicap accessibility as set out in the American National Standards Institute A 117-1, 1992; Americans With Disabilities Act, Public Law 101-336 and applicable regulations; Uniform Building Code Chapter 11; and federal regulations applicable to the occupying agency. 29. FYAr:IJtivA OrrlAr 99-0fi. All buildings owned or maintained by any state government agency or entity, or which are constructed or renovated specifically for use or occupancy by any such agency or entity shall conform to all existing state codes, including but not restricted to, the Idaho General Safety and Health Standards, the Uniform Building Code, the Uniform Mechanical Code and the Uniform Fire Code. If any conflict arises between applicable codes, the more stringent code shall take precedence. Prior to construction or remodeling of such buildings, where appropriate, construction plans shall be reviewed and approved by the Division of Building Safety and the Permanent Building Fund Advisory Council. 30. FYAr.1 JtiVA OrrlAr ?001-04. Executive Order 2001-04 requires that long-term energy costs, including seasonal and peaking demands upon the suppliers of energy, are to be a major consideration in the construction of all state buildings and the execution of lease agreements. Special attention shall include energy conservation considerations including: (i) Chapter 13 of the Uniform Building Code, 1997 Edition; (ii) use of alternative energy sources; (iii) energy management systems and controls to include effective means to monitor and maintain systems at optimal operations; (iv) "state-of-the-art" systems and equipment to conserve energy economically. 31. FxAr:\JtivA OrrlAr ?000-01. Executive Order 2000-01 requires that all state-owned or state-lease buildings, Correction, Probation and Parole - Meridian- 6 facilities or area occupied by s8 employees shall be designated as "n_moking" except for custodial care and full-time residential facilities. The policy governing custodial care and full-time residential facilities may be determined by the directors of such facilities. 32. M::JtAri::J1 RAprA~Ant::Jtion!'ò. The Parties agree and acknowledge that the representations and acknowledgments made in this Lease Agreement are material and the Parties have relied upon them in entering this Lease Agreement. 33. SAvAr;:,¡hility. If any term or provision of this Lease Agreement is held by the courts to be illegal or in conflict with any existing law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be continued and enforced as if the invalid term or provision were not contained in this Lease Agreement. 34. I A~Mr'~ Right to I A::J~F!. The Lessor warrants that it is lawfully possessed of the Premises and has good, right and lawful authority to enter into this Lease Agreement and that the Lessor shall put the Lessee into actual possession of the Premises at the commencement of the term of this Lease Agreement and shall ensure to the Lessee the sole, peaceable, and uninterrupted use and occupancy of the Premises during the full term of this Lease Agreement and any extension. 35. Com plAtA St:'JtAmF!nt of TArms. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Lease Agreement, shall be deemed to enlarge, limit or otherwise affect the operation of this Lease Agreement. ~irNESS WHEREOF, the Parties have executed this Lease Agreement as ~~\,fHY;t,l¡1 above. " . ~ . ~,~~§f~~'l~eridian /l1~ /r/iefkd.-ó'{.?}. v.~ tí' ~/. ~ STATE OF TcloJw fi;¡op r<Æt.1 ~~!Aù-.p - " r-p z- - ) -::. .-(,)It.. '" 0':: A .J ss. %"c ~.:q 1S-'; . .:¡:. ! COUNTY OF uvD--' ) ...., AI C ..<'~ " " O. .-rV "" " '11 UN ~ ,. "", On this 1-- t\- day of 1-~ , 2002, before me, the undersigned, ;/~{jfå"Yl PUðllè'in and for said State, personally appeared~~(-t~,~i:.e-.ft.J;u.w.V\,;ò.t,('\ 1Ÿ. , known or identified to me to be the person whose name is subscribed to the foregoing instrument on behalf of r.ity of MRrini::m as Lessor, and acknowledged to me that he/she executed the same on behalf of the Lessor. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ..::¡~F4~;~ writte~ h D/l6'1 Srru thJ .~'~ :,¡..\~. ~ Jommission EW>}e¡n -4 - 2-<2 '-0';; Residing at A d CL- ~() &,-n --[¿Y I .J d ~ ~ \ L : LESSEE: Department of Correction, Probation and Parole ... <pi;~'~... ..........." . ~~')Ih~-~..t'\~.' .1 . " ..;.u0l' ~.. ..", c:..yEN Cp b "" ....- 11.' ,,~ .......4'f " :\ r ! 0"."'" ¡a.Jl ;..."u...'\ /&/.-" STATE OF~-(u"L--('-V ¡ ~ ¡ o~" '\ .' COUNTY OF C~ ~ \ 'ts~. 'v~ .; ,.. ,:" ,,- e..-.~- ..} ~ e... p \) \7 ,/'.,' -,'- í On this rl (~- d§:.£ ...' ,"', . .e.. :...~~~: before me, the undersigned, a Notary Public in and for said State, personally appea~t<:: .' . - .. .. . known or identified to me to be the person whose name is subscribed to the foregoing in rument on behalf of nAp::!ltment of C'.orrer:tion, Prnh::ltion ::Inn P::Irnle as Lessee, and acknowledged to me that he/she executed the same on behalf of the Lessee. Correction, Probation and Parole - Meridian- 7 IN WITNESS WHEREo.ave hereunto set my hand and affixed 8offiCiai seal the day and year in this certificate first above written. S/ a / - Commission expires on / ' I, C/:--' Residing at ~ ~. , APPROVED BY: , d~. Wildhagen, State Leasing Manager Division of Public Works, Department of Administration ~.3~2. Date Correction, Probation and Parole - Meridian- 8 8 EXHIBIT A e THE PREMISES ! 4tJ I Ea~t WatArtower StrRAt, MAridian Idaho 83B42, MAridian, IDAHO ¡¿{)O~ {03 Correction, Probation and Parole - Meridian- 9 <-. ------. ._L- ~ -----. r. . -,- .. 23 STAFF PARKING ,!';,'!" ,E~: ' , " , ~J' r----~--l~ ~---r -,~" , ~ ~ l> ìÍ\111 1- 1"-';' z-t ~ 'r ~ ~ ':-', ¡;¡ m g ~ m '¡';,',<' II> þ. 111 , " ;Q ~ ..C~c, .': c:; " -- " ,,:: , , :1: ~, '.;:, t: " r-<, ------- ï . I I " I I ,;. L_______..J :.-' " ,. ;;.. :'¡. 23 5T AFF FARKING .. -þ. ~~ II>~ rþ. GñI IJ """'.""'~"'" (;\ . -~ - " ~ ~~ h) .þ. -0 C OJ ..- 0 1] t> ~ ~ ¡ (J li.:l t.) -t~ -0 C OJ r- () -0 )" ~ Z G\ IU (' e:'- () ~~ u' ì" ~/II I. I " I I-' I " Ic I :- I I I II ¡IJ () I E I , I I I I 1111- I 6~ I ~~ :' *;= I :zlm :' I ' I " I " I I- I :.. I ;~ I." I ' I ~ fT1 ~ ~ T ::u ., 0 ~ T ::u ç: Z T :::.; [. l~-- -I,:,' ¡-,- 9 a -' ',- i- .- I' ¡;, r;" ::' (' I", I.: i' ',' ¡ ¡, r , " i- " 1--' I. ¡í,~~: .-", " ,>:.', " ~ ~ ;(I -t ~ r Z m ; < ", ,,' i !' ~ ~, .... ~ ... . 'V ~ i':-" !; 't-J ,~; [Þ¡ " ~i I "" , 'x' L,G: i I I ~] If I I ! : I 1_,___--- In--~"-''~-'~'--- ' '-'"1- i ----------- -..."-.. I 0 ~'-'-I"---^ I -- , I :: I V~~T, -,- I I C._-J I - I I ' ~LJ-__.. I I i I I I 1- "~I- I --- L - .. -, ~ -------¡ ; I I I ,I -"--:1 -,,:,1 ) -~ ---¡ :'! -, ..- -'-, "I I ~ I O~FFICE CJ -~¡---- lio~ ~ tf \~vf 0 (Et ¡;f)FFICE 1= Yl STAIR "I \I, h-_-_.._- -.. .,----------- I. ""... -- ---------- .- ELEv, [- -"-1 --- -- -- -, .- - --- --- - -- -- --- - ,- - 'u_n un___, MEETING ROOM C~] 5TORAGE CJ LIBRARY c:::::J CaRR ---C::::J - - - LOBBY CJ I ' TRrN5CRIFTION/ , OFFICE CJ I 1 ~-J---------I I; 1 I ,I I T N5CRIPTIONI 1 : UJ,ORKdOOM : I I 1 I I I I I 1 t - -I.=--=- ,-:: -~ --~ I I I :U!ì L______--~- 8 lJ S '\' ¡, ~. . A ~. a ... ;;) .... ~ It ~ .. -:0 ;., . .. @- ¡, ~I ~ I I 1 @"! i~ I ~ ~ ~!H s ':' ;. ~ ..--- - - - ~ - --i -- n-i n-i Ì! -- -, -" -~~'l ,-~ ' Ì"" --j. ~¡ I~ @J- __m__. --. .- '>A . I ^^ ,6.$. ' ~r71- .. " . " State of Idaho Department of Administration Division of Public Works 502 N. 4th Street PO Box 83720 Boise ID 83720-0072 Phone 208-332-1900 FAX 334-4031 8 ttRANSMITT AL DATE: June 21 2002 Re: Department of Correction, Probation and Parole Meridian I TO: City of Meridian CC: Henry Atencio Attn: Stacy Kilchenmann Department of Correction, 33 East Idaho Probation and Parole Meridian, Idaho 83642 =W/ ENCLOSURES ¡FROM: Linda S. Wildhagen, State Leasing Manager 208-332-1929 ENCLOSED PLEASE FIND: I ~oPies I Description . Lease Agreements Please have the leases signed and notarized by City ofMelidian Please attach floor plan to lease as Exhibit A Please have the leases signed and notarized by Department of Correction, Probation and Parole Please amend and return Please review and affix comments These are for your files Other: Please insert street nllmher ofprf'.mises in para£;ra.ph 1 of the lease Return - copies to: Lessor @ 11 East Idaho, Meridian, Idaho R164? Return - copies to: Lessee @ P 0 An"" R17?O, Roise, Idaho R17?O-OOl R Return 3 copies to: Division of Public Works, Attn: State Leasing Manager TtlANK YOU! Correction, Probation and Parole - Meridian- 10 . LEASE CHECKLIST 8 NEW LEASE LEASE RENEWAL LEASE MODIFICATION DEAD LEASE LEASE LIST INFORMATION: REPLACES LEASE @ AGENCY' nAp;:¡rtmp.ot of r.orrp.r:tioo, Pmh;:¡tioo ;:¡orl P;:¡mIA TYPE OF SPACE: _AGENCY_DEPT OF LANDS _RESID _STATE OWNED _WAREHSE_LlQUOR_MISC_TEMP ADDRESS' F;:¡~t W;:¡tArtowp.r StrP.P.t Mp.rirli;:¡o IrI;:¡ho R~1ì4? CITY: Mp.rirli;:¡n , LESSOR: City of Mp.rirli;:¡n ADDRESS: 33 F;:¡~t IrI;:¡ho, MArirli;:¡n IrI;:¡ho R31ì4? PHONE: ORIGINAL LSE DATE: ENDING LSE DATE: .IIIOP. ~o, ?om AMEND DATE: ESCALATION DATE: ' ESCALATION $: SQ. FT,: 3.OQ BASE RENT/YR: $~.3°0 OO$/SQ FT: $11.Jl.O. EXCLUSIONS: _A _BASE YR _E _J _TI _U COMMENTS: LINK TO: CONTACT PERSON: ~cnn/^'---:- PERMANENT BLDG FUND LEASE LETTER: ~11 00 (1 ST YR) COST PER SQ FT (EFFECTIVE) ~~,~OO nnCOST PER YR ESCALATIONS: TYPE OF SPACE: _AGENCY _DEPT OF LANDS _RESID _STATE OWNED _WAREHSE _LIQUOR _MISC _TEMP TYPE OF LEASE: FULL SERVICE EXCLUDES: ELEC UTILITIES JANITORIAL NNN WAREHSE RETAIL LAND LSE RESIDENTIAL OTHER: COST RATIO LENGTH OF LEASE: PREV RATE: INCR FROM FORMER LSE: - OTHER COMMENTS FOR PBF LEASE LETTER: COST IF FULL SERVICE MISCELLANEOUS LEASE INFORMATION: LEASE/PURCHASE ANALYSIS REVIEWED: FACILITY QUESTIONNAIRE REC'D? - RENT DISCOUNT: FTE: INr.RFASFS IN RASF RFNT: YEAR $ OR % - NNN COST RATIO 5 YR FACILITY PLAN: SQ FT/FTE: . Ann'! RFNT FOR OPFRATINC1 FXPFNSFS~ OPERATING EXPENSES BASE YR: CAPS: TAXES: INSUR: CAM: CAM: BREAKEVEN YR AMORTIZED TENANT FINISH: OPTIONS TO RENEW: OTHER OPTIONS (CANCEL, PURCHASE, EXPAND. ETC.): SPECIAL COMMENTS/ISSUES: Correction, Probation and Parole - Meridian- 11