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HomeMy WebLinkAbout1981 Senior Citizens Association Land Lease LAND LEASE AGREEMENT THIS AGREEMENT, made and entered into this 5th day of February , 1981 , by and between the CITY OF M^ER.IDIAN , a municipality and political subdivision of the State of Idaho , hereinafter referred to as Lessor, party of the .first part, and MERIDIAN SENIOR CITIZENS ASSOCIATION, hereinafter referred to as Lessee, party of the second part, W I T N E S S E T H: FOR AND IN CO`1SIDERA.TION of the rentals hereinafter provided, and the covenants and agreements hereinafter set forth, Lessor hereby leases and demises to Lessee, for the term herein stated, the property, described in Exhibit "A" hereto, by this reference in�YvY`pUrateu�i�rr as if set forth in full , which shall be hereinafter referred to as the " leased premises" for the convenience of the parties hereto.. This agreement is subject to the following terms and condi- tions to which the parties mutually agree: TERM : This lease agreement shall be effective upon its execution for a term of thirty ( 30) years from and after the date of its execution. RENEWAL : Subject to the conditions hereinafter stated, Lessee shall have the right to renew this lease agreement two ( 2) times with each such renewal being for a period of five (5) years for a total possible lease occupancy of forth ( 40) years , provided that: (a) Lessee' s right and option to .renew this Lease is subject to it not being in default at the time of any AMBROSE, such renewal ; and FITZGERALD, CROOKSTON &Mc LAM Attorneys and Counselors P.O.Box 427 Meridian,ZIdaho LAND LEASE AGREEAE- NT -- P. 1 Telephone 888.4461 - � � „� � � _ � .. ,. � ., - . . _ _ -. _ _"+ . J _.� .ate. - _ . .. 1 (b) The terms and conditions as set forth herein shall continue in full force and effect during any renewal term hereof; and ( c) Lessee shall give Lessor written notice of its intention to renew this Lease, not later than 120 days prior to the expriation of the term to he renewed. RENTAL: As rental for the leased premises, Lessee agrees to pay Lessor, at the address hereafter provided for giving notice to Lessor, the sum of Thirty and No/100 Dollars ( $30. 00) for the initial term of this lease agreement which shall be payable upon the execution of this lease. The sum of Five Dollars ( $5 . 00) per year sum shall be due for each term Lessee renews this lease agreement and shall be due and payable at the beginning of the renewed term. MEETINGS: At the end of each five years of the initial term of this lease, the parties hereto shall meet and discuss the lease , the use of the premises , the satisfaction of each party to the lease and whether or not the Lessor might want to lease a different portion of ground to Lessee. This provision shall not be inter- pretted, however, as being binding on the parties hereto to alter the lease or change the leased premises. NO RIGHT OF FIPST REFUSAL: In the event Lessor decides to sell the above described premises, it is understood and agreed that Lessor has not granted to Lessee a right to purchase the premises ; it is specifically understood that in the event Lessor does sell the said property, it may have to be sold to the highest bidder but that Lessee may bid on the property. USE OF THE PREMISES: It is understood and agreed that Lessee is leasing the described premises for the specific purpose of constructing a building thereon that would be used .for a Senior Citizens Center, Lessor hereby specifically agrees that such a building may be constructed on said premises along with associated AMBROSE, parking facilities. The following activities shall be expressly FITZGERALD, CRO cLAMN prohibited: Use of the , y p g aMcuM p premises or an art thereof_ as living Attorneys and Counse?ore P.O.Box 427 Meridlan,Idaho &%42 LAND LEASE AGREEMENT - P. 2 Telephone B8&4461 a , not 00 a3. 3'r SrJ' 30" fiq:1..i !.':'' .OUPS a— . . , .>..'s _..o :i_ i a Y4/3 .F`e{'FfiiVCfi":' ' r.3ir it f - r '_'.l n .: my:.. 090 _ . .. -.Y'. _. _....-?�.' :?':_ ._c -!S :. it I i I; 'nuu fib bra 1 son _. fed% 7. :3r "n. - - you _ .. -r.. .� j.. PA I knd an p 1 tc - r �I I I� q�. jp, nt'! - I Jose, m wan .._:1 i ix.J 4 4 _ I '.r01YtiLlp"a. ���H ♦. Yr!'EO' S T�*E {lf -_��{ •r 1J�". �T.°i;$R�' ik. . _ u.°J"_KC T:'-. ... uA u,r I quarters, sleeping quarters , or lodging rooms with the exception for a first-aid room and a caretakers room. CONSTRUCTION OF BUILDING Lessee shall be solely responsible for the financing and construction of the building which Lessee intends to place upon said property. Lessee shall not mortgage , assign, pledge , or hypothecate this lease agreement, or the property to which it applies in any fashion in order to obtain financing for said building; Lessee shall not in any fashion obligate the Lessor or lend the credit of Lessor for the financing and construction of the intended building to be constructed upon the premises . Lessor shall have design review of any structure placed upon the premises. MAINTENANCE AND REPAIRS : Lessee shall be totally responsible for all maintenance and repairs on the premises including sewer and water repairs , parking areas , and landscaping, Ei;PENSES AND UTILITIES : Lessee shall pay any and all utility charges of every nature accruing by reason of Lessee' s use and occupancy of the leased premises , including, but not limited to , water, sewer, trash , electricity and gas. DESTRUCTION Or.. D? MAGE BY FIRE: Lessee shall have the total risk of loss or damage to the leased premises and/or the building to be constructed thereon. EMINENT DO!"AIN : In the event that any governmental entity other than Lessor shall take the premises by use of eminent domain the Lessor shall receive the value of the land and Lessee shall receive the value of the building or portions thereof. INSi, NCE AND INDEVNITY: Lessee agrees that it will , and it does hereby, indemnify and save Lessor harmless from all claims , judgments , demands and liability of any person AMBROSE, FITZGERALD, or parties whatsoever resulting from any occurrence, injury CROOKSTON b McLAM Attorneys and Counselors P.O. nR 427 Meridian,Idaho LAND LEASE AGREEMENT - P, 3 83642 Telephone 888441 X t t !� R �S yC{3YJ'.-) 91:i) la:� ). 3.9 00^_ lrc. �' J � ♦rr , .: { }'.s_:!j Tl [..t.'-�':J`a�. ... !#ui1l) !� a. r 9' ? 9J, twiny PR15.E1fil-'`-)MY `'t)' D_ NO t<.. A 0. j n,. _ '• -�•yF ��e w.l..l'.fY3 J)`'�-.: . v:S'I'., - � r w ,i�� ^-�:�t�.`g. bV4 i C53C.2`o t7„ nsb.-;O i J. PJ,' ai.) 411j TS 01 `;:J'S i.'unq i{ 1 4i01118bl YAS -A :lan. 115n : .::lej ;PAW Ad slow 301 n.7r00Gf 2 r I it - j ;'c+ ; W3. -915 Sof TCsm-al ?_ 0 j'_i hyn Sr.7 --ixryo 'i't, Z -.xap! Sao 9 nj _Ado i FY•9'#ot�1, �Ft4iC� x: 7E{ to YANA&Z r ..7a:[x`:: ._:t if . is i •:,'C f.:_i')C: c. ---Ti-7 11 tiiS K. ♦ s Y ,t fvw,4v ,:aJ. t., I Cft f- .:(: - �T s✓ ( G:3 C1; '.rr'.i fisdu. USAASu =� _1eY•4... RD M- 7 Asa pmin ,Soz zesi.anq AQ so a'?_F',e. , is, Inn jnj�Ij < j . An T� ")"`'}il-.+ s, _� "(F �l."+ v n-t r.T '"t'�i {{' I SI .t'•s .^l TA'p` IIPI . •y4SiW ar LyE� +i �i q1. �.earaed __': Snc' s"a \fid ralu :_')`• P;&Z t 710vn I c:f'" .:'.f7aJ v l —:1. �assifHurq J:3ery:'.! 041 3o 79ii5.(Q?)O ums :+au I kYffis _ IJ +;x_x f-e I On -,061r`r , c`i ?aj m:- J.L `i•>ufi .'F�i'!:�'Fi�F1�y� ._.�':'f'w �,;�-^iEl�„�ia af��''r v)- '`�.;3'r 1 _T`_": a_ - h, ef"i. i i wasn't Itasi aN y . WS i .. - ..�714sv Rf =i zPaL.Tinq Ao O.fi3b.l fcf7i`l. 41 io- Sg1eZ toff, 9'Worm #. . ' ,�SZ4�'.. Y1 �'; �+tStyY'� 'rriu. •R .,e trte.r_ �' :.--.-;(�. ij�y.._ �1 { ff—:Cl s. �Rcf'tYfi_Y! ".i()f-::3. . Y %tf�: _ ' e"if�l''•r, 'Y[ft i''Y:-s F` -+�:. _ �.;:> i;_ q or accident which takes place during any term of this lease agreement on or about the premises or building to be constructed thereon. Lessee shall obtain liability, premises and on-premises medical insurance insuring Lessee with Lessor named as an additional insured on the premises and any buildings located thereon. Such policy or policies of insurance shall have a minimum limit of $300 ,000 . 00 or such other amount as Lessor shall designate. Lessee shall furnish copies of all insurance policies to Lessor and all renewals thereof, and shall keep all such policies in a current status . TERMINATIONt In the event of default of this lease agreement the Lessor shall give written notice of such default to the Lessee by postage prepaid, certified mail. If the Lessee ' s violation of the lease shall continue for thirty days , the lease may at once be terminated by a second notice to the Lessee by postage prepaid certified mail. (a) This lease shall terminate at the expiration of the term provided herein, unless renewed as provided for in this agreement; (b) Upon determination of the Lessor that the Lessee has failed to observe any of the conditions , exceptions or reservations or to fulfill any of the provisions set out in this agreement; ( c) At the option of the Lessor upon the discontinuance of the leased premises by the Lessee ; and ( d) By the mutual agreement of the parties hereto. OTHER MATTERS a. Nothing herein contained shall he construed to create the relationship of partners , joint venturers , or parties to any joint enterprise in any manner between Lessor and Lessee. b. In construing this Lease, the singular shall include AMBROSE, FITZGERALD, the plural, and the neuter gender shall include the masculine CROOKSTON &MCLAM Attorneys and Counselors P.O.Box 427 Meridian,Idaho LAND LEASE AGREE*LENT - P. 4 83842 Telephone 888-Wi r and feminine, all as the context may require. C. In the event either party is required to institute any legal action in order to enforce any of the rights , agreements , covenants or conditions herein contained, the prevailing party in such litigation shall be entitled to recover such party' s reasonable attorney fees from the other party, together with costs of suit, the amounts thereof to he fixed by the Court in such legal action. d. The forbearance or failure of any party hereunder to give prompt notice of default or termination of this Lease by reason of any act, omission or occurrence, or to strictly enforce any covenant hereof, shall not he deemed a waiver of any of the provisions of this lease agreement as regards any other or further such default or breach , act, omission or occurrence nor shall consent or approval of Lessor given in one instance be construed to waive the necessity for such consent or approval as regards any other or further similar act by Lessee , unless such intention be expressly stated in writing by Lessor. e. In the event any clause or provision of this Lease is declared by any Court to be invalid or unenforceable for any reason, such invalid or unenforceable clause or provision shall not affect the whole of this instrument, but the balance of the provisions hereof shall remain in full force and effect. f. All of the provisions hereof shall enure to the benefit of and shall be binding upon, the heirs , executors , administrators, personal representatives , successors and assigns of all parties. NOTICES : All notices hereunder shall he in writing and shall be deemed given when personally delivered to the employee or managing agent in charge of the receiving party' s business AMBROSE, FITzcERAL), premises at the time of service thereof, or when deposited CROOKSTON &McLAM Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83612 LAND LEASE AGREEMENT - P. 5 TMephona 668-"61 in the United States Trail , postage fully prepaid, by certified mail , addressed to such other party as follows: Notices to Lessor: Notices to Lessee: QUIET ENJOYTIENT BY LESSEE : Upon performing all of its duties and obligations hereunder in accordance with the terms and conditions of this Lease, Lessee shall be entitled to quietly and peaceably have, hold, occupy, possess , and enjoy the leased premises during the term hereof, without hinderance or ejection by persons lawfully claiming under Lessor. ASSIGNT=TENT AND SUBLEASE: Neither this lease agreement , nor any interest in the leased premises may be assigned or in any manner transferred by Lessee, without the prior approval of Lessor expressed in writina; however, there is no prohibition against sublease by Lessee, with Lessor' s consent, it being understood and agreed that no such sublease shall in any manner relieve or release Lessee from its obligations to Lessor hereunder. USE OF OTHER GROUPS : This lease is issued with the under- standing that the Lessee will make this facility available for use by other groups and organizations to the extent possible to obtain the greatest total use during the year. Provided, that the use by other groups does not conflict with the scheduled use by the Lessee. AMBROSE, FITZGERALD, CROOKSTON 5 McLAM Attorneys and Counselors P.O.Box 427 LAND LEASE AGREEMENT - P, 6 Meridian,Idaho &W2 TalephOne888 4461 q t i i i it I k " "' i.w' not .,c 70 iFsra 9M D f.r.. 3f i. i a '. rim R6?; -;.k i..: Yr+F.+-�Ln!' ' ^.f . :•i:.l i'+" r 3.=:'*��s�!t;:� :. 17Tw•� ?" f7itfJ �I •. .---. "U i-,-'' - C):'fi � 2:14 - .,r , a -. [--.•� i '.�:Ei! ,.•s.S;-!aP,1 -iJ Try; . WON! ;w-y"q1 .tit_- i.: Owl. I In .-. _�. 'Rffi ...:'+8 - _`.-ct —ay 2 - NTT go -r.'.r T .. . =ri -F;' ♦_1:':- ...i �'- '7_�'• 3P.t'i`I 1- J 1_.'. et'f� --_. i on l'l.^I .Y;': am 8yy I' In, : ! t` t _ val >.li° ' W tf _ j3pgTjx/ �?w-" .. 1 'Eli - •Ito -:i. Y-'rives-_ -s}' O6-N^ 111 way wayd vd.." 13f{.�' R+0 ,•F : "�' LwJ : a •'Ts+ tee_ '}-- _#. ..::�v ��;-3i�'=e�`:�•:'� ,'.n�+!`.. any: 1 _ ii � i' MxT.ta e ' � O'lD1 r•INd(1V.'I IN WITNESS WHEREOF, this lease agreement has been duly executed by the respective parties, the day and year first above written. CITY OF MERIDIAN , a municipality and political subdivision of the State of Idaho By Mayo r ATTEST : C'>ty Clerk MERIDIAN SENIOR CITIZENS ASSOCIATION By 4 Chairman ` ATTEST: 1 ' � S cretary AMBROSE. FITZGERALD, CROOKSTON 3 McLAM Aflorneys and Counselors LAND LEASE AGREEMENT - P. 7 P.O.Box 427 Meridian,Idaho 63642 Telephone 688.4461 f i � 11 I i 1 Y1 Lb a �3r. yr St. '.r}T'7�36i .'s`L)'S �38'R j .. _.: rry`::YYT )Zj�'I: -W. MTF! d1T I 9f1j .'rr; �3rfiS7JT+€'$ fl �I 1 - 31 :71 9J0�5 K y I • _— V�.,r �h ) it II L. j 3t 11tt t� 1 Y 1 I i• G z 1 STATE OF IDAHO, ) ss. County of Ada, ) On this _5th day of February , 1981, before me, the under- signed, a Notary Public in and for said State, personally appeared JOSEPH GLAISYER and LaWANA L. NIEMANN, the P4ayor and City Clerk, respectively, of the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho , known to me to be the entity that granted the authority to the said individuals to subscribe their names to the within and foregoing instruments in their capacity as Mayor and City Clerk, and acknowledged to me that they executed the same in the name of the CITY OF 'uEF.IDIAN. 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) Pesiding at Meri ian , Idaho STATE OF IDAHO, ) ss, County of Ada, ) On this 5th day of _February 1981, before me, the under- signed, a Notary Public in and for said State, personally appeared ANNIE JONES and NONABELL PEREBOOP7, Chairman and Secretary, respect- ively, of the MERIDIAN SENIOR CITIZENS ASSOCIATION , an Idaho corporation, known to me to be the persons who subscribed their names to the within, and foregoing instrument in their capacities as Chairman and Secretary of said Association, and acknowledged to me that they executed the same on behalf of and in the name of the MERIDIAN SENIOR CITIZENS ASSOCIATION. 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 I aho Residing at Meridia , Idaho -(SEAL)- AMBROSE, FITZGERALD, CROOKSTON &Mc LAM A lto rneys and Counselors p 0.Box 427 Meridian.Idaho _LAND LEASE AGREEMENT - P. 8 Telephone 888-4461 . , . . _ _ � l r � ' � ' 9 qin ` I I 1 . . ... l.__... 1. �) .t. :� � .- - EKE _s.... _ _ _ __ � .. i :. �. ... �,]`_-. - ' �' � a �? ._ _ 1. • .� 't�i IJ��.-f 1- _ ! i .. / _ ,_ — . �� • � _ .. -t . -i. I y � i ti w � >„ ,V � J � .. . ,:�:..- Ei-�.'. .. ., �- . ', .. f.is { � ..�� � -i 111' �..-- _. fit. . - i"..:a •. . .�'J:._ ... . . -. _ -. � - . �.��.{'!� �ry- .:��� - � _. �i.1.� ..13 - -. �Ai .... ( .. _ _�. rr .. . - �!'. � e 1+ � r ^ � � 1��'16'�1 .-. 1 � ..- - - .-. l�rrw. i � _ F V �. ` 1 ~ .1.�:�5'./. ... _. ;°;trri ._ .'Y :" 7FR 1 .,_ r�. — E X H I B I T "A" The Southwest three ( 3) acres of the following described parcel of land which three (3) acres is a square equal on all sides : Beginning at the SW corner of the NE 1/4 NW 1/4 , Section 18, T. 3N. , R. 1E. , B .M. , Ada County, Idaho , the real point of beginning; thence Northerly along the Westerly boundary of said NE 1/4 NW 1/4 , Section 18 , a distance of 1050 feet to a point on the Northeasterly bank of a stream called Ninemile Creek; thence Easterly parallel to the Southerly boundary of said NE 1/4 NPd 1/4 , Section 18 , a distance of 522 feet to a point; thence Southerly parallel to the Westerly boundary of said NE 1/4 NW 1/4 , Section 18 , a distance of 1050 feet to a point on the Southerly boundary of said NE 1/4 NW 1/4 , Section 18 ; thence Westerly along the Southerly boundary of said NE 1/4 NW 1/4 , Section 18 , to the real point of beginning comprising 15 . 0 acres. AMBROSE, FITZGERALD, CROOKSTON d McLAM Attorneys and Counselors P.O.Box 427 Merldlen,Idaho 63642 Telephone 888-4461 1 1 r i I •! f ; i - h �i i r- AL IN .AW. r,- J � r SuYFb. AGREEIMENT TO TERMINATE LAND LEASE THIS AGREEMENT, Made this &4A day of , 1994 , by and through the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, hereinafter referred to as Lessor, party of the first part, and MERIDIAN AREA SENIOR CITIZENS ASSOCIATION, INC . , an Idaho corporation, hereinafter referred to as Lessee, party of the second part, WITNESSETH:- WHEREAS , the parties hereto have heretofore made and entered into an agreement in writing, to-wit: a lease dated February 5, 1981, under terms and provisions of which lessor leased to lessee and lessee leased from lessor, for the period of from February 5, 1981 to February 5, 2011, the premises located in meridian, Ada County, Idaho, which is more particularly described in Exhibit "A" attached hereto and which by this reference is hereby incorporated herein as if set forth in full, and WHEREAS , the parties hereto wish to terminate and cancel said lease and the tenancy of the hereinabove described property as of the jj)'�k day of Q&fd &r- , 1984 , and to release each other from their respective obligations to keep, observe and perform the conditions, covenants and agreements contained in said lease. NOW THEREFORE, it is hereby mutually agreed by and between the parties hereto as follows : AMBRObE, 7ITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83842 Telephone68"481 I I ,l �I I �I •is _ � 1 ys� y 7 a t.i >e:3�5i hT12ZH"i Il low 9rr [:_sm `t 113: 1710 3 a a{u6mej _.ats yd j l I; w" .j'K],'`,•101 . 0()iJk:"SCf lan w"Soil n5 �r`l "rlt.,. :`.ummA 1 " t ME li ii: moa 1 ,Jt:i_ sGlSm _. :'t::C'',_;smad Ovon Om IA 101maq add RmamsEw j 'y zu'' 91 `smh nem! a : :1.:W00i . F;;ij AW A jfIwmag-ITS as coal II I� i . OJ` bsesal 10aaal 1DIdw 10 ban 0019_: 39hm t ..ICK Ii [..•.: q ']`.'- F - .� �r,�+ i� [ r:; it ol`YSC �+!{� �:: ,'LC)".,C.l.. ^S�' "✓'$E:�3� a. ._wl (y�15 y : < 7 ME ! .cF(T sonm d.: tadzbT yaucD i i3:jf' AM CL fiassw W Ojaaad 5SAW1. I _. ,.: 4R'. '7t.i.+.::��.__ ._ � � .'ui r..j E•7• �` 89�'.'li:: � ?%+��?.': .. y1j. Im x,_ ,: 1,00 -� Wc:if.Ee2_::i edi to yonsaal : :S small hina !; w.MN Nov ' I i bL'.riminu0 $j11:�9'd psi ,:& �(f:9 :. .. ... vvdh t ` ':D.E:,r1bam - r'_ wn Keg I! I' Sao ;! bile i nilp eyptA/!.� tStnW JA !! 1. That said lease be, and the same is hereby terminated and cancelled and the term thereof is brought to an end as of the day of eiCGfo & , 1984 , with the same force and effect as if the term of said lease was, by the terms and provisions thereof, fixed to expire on the Lk day of eC J,,0Jf r , 1984, and not on February 5, 2011, subject however to the terms, provisions and conditions hereinafter set forth in paragraphs 2 and 3. 2 . Lessor and Lessee are hereby respectively released and discharged from their respective obligations to perform, keep and observe the agreements, covenants and conditions in said lease on their respective parts to be performed, kept and observed. 3. Lessee agrees to vacate the demised premises on or before the day of o&AVi , 1984 . Each and all of the conditions, covenants and agreements herein contained shall be binding on and inure to the benefit of t e parties hereto, and their respective heirs, legatees, devisees, administrators, executors , successors and assigns . IN WITNESS WHEREOF, this agreement has been duly executed by the respective parties, the day and year first above written, CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho By AA/ TTEST: - ay r AMBROSE. if FITZGERALD Z &CROOKSTON C1 y C 'erk Lessor Attorneys and % Counselors P.O.Box 427 Meridian,Idaho 83642 Telephone 888-4481 I I 1� E II !r-U.1 if_.t !F sf � 8 n-''.•J•:t -93t.1 4t'� i '.' :C' irk •/'Il5u'xd93 'lo -toll blIB i - r -%)-is 9-ir i . ._?..[ rfI& Yl7?2_Sr.: ::A ,Gi'SO3":�s" 01 ..__.:i� '.F�ii .'p yr,.0"'�.rL+iJi:•_"L :ilEJi_'J Civ_�� =r r,'{',f:J�3'.Ce) II ' S$£.�.! [ *F:i fti P-i102*Ct�`SpJ LlY.C: c�t:SRS..i'_7"_• .. . .i'>!�"'512:?+ t'ci ;•V'(S?vJ .±:;5 t� ieg 3C: :+, :� �sY�...- . �;jZ ":J.3:{f t'U :C .. YO _ 81c. ;i..•"CC; �"Yi3 ''7tE7.� 9I�.7 a -t q':�Fi :1J '��•3�r i; •ln;>G°�•` n s ',fJ!.':i CCf?C-�) Ella -1.1"9l- zkifo!: i I' -,psi ,221.9h - ':5:^ ,. :. _ . .. ,Ci P7 S_• 33t=t S5G •J_ • _.. -. <. �k.'.:. i,t_Y; $•1v:::3� > t`':-:1;¢Yt7�1'J +i...,. ,?^Sn_Y'S Y:181•'Y -.:l.f �. - .. JJ i t'Y"A _+VfTr;`:' -+?:. :" ..�Fsty DIfS -..c .• Rl::+ ,29 9' �1la" gvia:?SiC: < x ?.';1. ✓ i ;ice nur cL ,i'A?iISSa3-' '3o Y'_I Z b:!C�CBSVt ltij' ISJ.f�.L;.r-jq bas I; It oOT4AOO • bazwmgA ' I I Y�� MERIDIAN AREA SENIOR CITIZENS ASSOCIATION, INC. By 1141 P.TTEST: Pre ent 1 Secretary Lessee STATE OF IDAHO ) ss. County of Ada ) On this day of /! 1984 , before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and JACK NIEMANN, Mayor and City Clerk, respectively, of the City of Meridian, a municipality and political subdivision of the State of Idaho, known to me to be the entity that granted the authority of the said individual to subscribe their names to the within and foregoing instrument in their capacity as Mayor and City Clerk, and acknowledged to me that they executed the same in the name of the City of Meridian, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notark Public for I aho Resi ence: Meridian, Ida do. AMBROSE, -- FITZGERALD 8 CROOKSTON Attorneys and counselors P.O.Box 427 Merldlan,Idaho 83642 Telephone 889 4461 r y STATE OF IDAHO ) ss. County of Ada On this day of 1984 before me .1A._ Y ���Q G✓ ► the undersigned, a Nota y Public in and for said Sta�tf-, personally appeared �� f,�, ova i, and 4 ZL4 g- *Jk_ gig&&' ,�o�, , President & Secretary of the corporation that executed this instrument and the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corpora- tion 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. c (SEAL) i tary P lic for fd5ho Residence: Meridian Idaho. AMSROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Merldlan,Idaho 83642 Telephone BBB-4481 II .Irani qtt� zo f;,W-i ljsrf,? -3m c zt boo !Q) LEASE AGREENENT THIS AGREE I,�P3T, !Fade and. entered into this 31 Olt ay of July, 1968, by and between the CITY OF MERIDIAN , a municipal corporation, hereinafter called Lessor, and the MERIDIAN ATHLETIC ASSOCIATION, INC. , a corporation, hereinafter called Lessee, W I T N E S S E T Q - For and in consideration of the covenants and conditions Aereinafter contained, the Lessor agrees to let and lease unto the Lessee herein, the following described real property, to-wit : Beginning at the SW corner of the 10 NVA, Section 18, T. 3N. , R. 1E. 7 B.M. , Ada County, Idaho, the real point of beginning; thence Northerly along the Westerly boundary of said. NEI I'?WA, Section 18, a distance of 1050 feet to a point on the Northeasterly bank of a stream called Ninemile Creek; thence Southeasterly on a straight line along the Northeasterly bank of said Ninemile Creek to a point on the Southerly boundary of said NQ I,W;'., Section 18, a distance of 480 feet Easterly of the Southeast corner of said NEI N 4, Section 13; thence Westerly along the :southerly bounjary of said NEI W, Section 13, to the real point of beginning, com- prisinF 5.3 acres . for a term as long as I:essee is an active and operating corporatio and desires to use said property. IT IS UNDERSTOOD AND AGREED By the parties that the Lessee shall pay all costs of maintenance and up-keep of said leased premises of every kind and nature, excepting_ as hereinafter Provided, and excepting also State, County and L4nicipal taxes and assessments, which shall be paid by the Lessor. IT IS SPECIFICALLY AGREED That Lessee will hold lessor harmle s against any liability whatsoever arising, out of its performance of this lease and that Lessee agrees to carry public liability and property damage insurance of sufficient amount to protect it a gain t._ any such liability. It is specifically understood and agreed that Lessee is an independent contractor under this lease and Lessor is in no way connected with the operation of the premises by the Lessee and shall be held harmless completely by Lessee. IT IS FURTHER UNDERSTOOD AND AGREED fly the parties that shout the Lessee fail or refuse to make the remittances hereinbefore AMBROSE & FITZGERALD ATTORNEYS AND COUNSELORS 040 EAST FIRST MERIDIAN, IDAHO 83642 TELEPHONE 6B9-4A61 I �. �, � � , ...�-.:1 � r w --� • �' �� provided, or breach any of the terms , covenants or conditions herein contained, the Lessor may, at its option, rescind and canoe this agreement, and etch and every covenant herein contained, upon thirty days written notice tc the Lessee setting out the default, and said Lessor ma=, re-enter s03 premises at the expiration of said thirty days notice unless said Lessee has performed such breached covenant or trade the defaulted payment, and said Lessee a:Trees to peaceably surrender possession of said premises to the Lessor, and all moneys theretofore paid shall be forfeited as liquidated damages for the use and occupancy of said premises. PROVIDED, however, that should at the expiration of said grace period the Lessee fail or refuse to surrender possession of said premises, as heretofore provided, and an action be necessary to regain possession thereof, said Lessee aErees to pay such reasonab.: costs and attorney fees as a court of proper jurisdiction finds meet and 'Just in any removal action. IT IS FURTHER UEDERSTOOD AND AGREED By the parties that this agreement is made in triplicate, that time is of the essence hereof, and that the same may be amended at any time by a writing signed b both parties and attached hereto as a rider, and any part of this agreement in conflict therewith shall be abrogated and -void. IT IS FURTHER UNDERSTTOD AND AGRE:'D By the parties that this agreement shall bind the heirs , admikstrators, executors and assigns of the parties hereto. IN WITNESS 'WHEREOF , the parties hereto have hereunto set their hands, the clay and year in this agreement first above wxi,tten. CITEn PERIDIAN ti BY Mier ATTr' . AM13ROSE & FITZGERALD ATTORNEYS AND COUNSELORS (Y �-� vl e .y�� ORR EAST FIRST ll J MERIDIAN. IDAHO 83642 TELEPHONE 8881461 MIRIDIAN ATHLETIC ASSOCIATION _T 4 i> 3 -_ � J President ATTEST: ` r L _ 0 cretary l �I STATE OF IDAHO ) ss. County of Ada ) On this _.1/lay of July, 1908, before me, the undersigned, a Notary Public for and in said State, personally appeared DCN STORE and HERALD COX, Mayor and City Clerk respectively of the City of V" ridian, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same on behalf and for said municipal corporation. IN `,'ITNESS 71HEREOF, I have hereunto set my hand and affixed m official seal , the day and year in this ce tificate first above written. 0 SEAL) Hoar u -v "or L - - Residence : Meridi :STATE OF IDAHO ) ss. County of Ada ) On this .- day of July, 1968, before me, the undersigned, a Notary Public in and for said State, personally appeared GLENN W. PETERSON and JAMES D. JESTER, President and Secretary respectively of the i: eridian Athletic Association, known to me to be the persons whose names are subscribed to the foregoing instrument and acknow- ]hged to me that they executed the same on behalf and for said corporation. IN WITNESS ;lHLREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. {SEAT,) /14 7otary Public- for A-a Residence : Keridia da o . AMBROSE BI _ FITZGERALUD ATTORNEYS AN13 COUNSELORS 999 EAST YIRST - MERIDIAN. IDAHO 88642 TELEPHONE 888r4461 I� .. .." ^3ofl9av P . . STATE OF 1DAHO 638232 DEPARTMENT OF LAW ENFORCEMENT RECEIPT No. MOTOR VEHICLE BUREAU 1A.0 Received from.......... 1. �l....... .. ..............$---,................. , J Address------------ - .._ ±l..... RFD �Y- � city // staQ Make of Car..................Idaho Title No..1..5r../fi'✓.vefY.D. New Title............___------$1,50 Our of State Title............$2.50 Duplicate Title------..........$1.50 With Contra ct..............$2.00 With Contract--------------$3.00 With Transfer..............$3.00 Transfer Title..................$I.50 Out of State Dir.Trnsf..-..$4.00 With Contract..............$3.50 With Contract..............$2.00 With Cantraa..-........-.-$4.50 Repossession Title.._._......-$ .50 1 Duplicate Place.._._......$2.00 Clearance Tirle................$1.50 With Transfer._.........-.-$2.00 2 Duplicate Places..........$2.50 Contract...........................$ .50 With Conrr2ct.-..-...-.....$2.50 Assessor..... r County. `.._._.��.`.......`w..�...--•................... Deputy..............Ldc4 .........-..........--..-..._...I..........Date.-- -..:.16 ..............-- 1— CITY OF MERIDIAN CITY CLERK'S OFFICE 728 MERIDIAN ST. MMDIAN. IDAHO 83642 DATE 7— _ 196 RECEIVED FROM CASH M.O. CHECK $ C ❑ ❑ ❑ ACCOUNT NO. WATER w TAX OR SEWER S MISC. OR TRASH HR L T TOTAL .1rQO C!o By _ City Clerk's Office No. 46237 A �" �.. Tin 0.7 ry �b W a4i �aXr,(.r y"+T`i�•-�.s��ihae�'- ..4�.: b .s�.n� i .. -F�r �ice_a .�-�.FK. Abruary 14, 1969. Meridian Athletic Association Glees W. Peterson 1219 West 7th Street Meridian$ !dabs. 85642 Lear Mr,. Peteysun; The SON of Idaho Surplus Property Division have notified the City that the CMC 37 Passenger Bus is released and title clan now be presented to your or,ax7i: ation. It is the feeling of the Coun it that the supervision of this equipment would be beat served by having the c^.re, custody, and ownership of this vehicle vested in the KAA; as you know, from past experience, one owner can beat super^vise, maintain, dispatch and control this type of vehicle. Cone K to tha My Hall and they City Clerk All asuist you in transferrinf; the title ir.tc your ownership. Sincerely yours Ikon M. Storey Mayor, rcotJaiaeoal. ai*•.Crft� naibtxeN MOaKet4? .M MID ;�szta �tac taey errs 5�0 ,crLeQi .r?sYbias�t bet2#va erect ttaa.tr iQ ✓*2ega7a suT �3uE c^itsbI 30 3* ft8 ad'T a" e1*0 6srx boasel" si cull -iftneastiq E OfW ar€t ted* g*-*D s;i: .aott-auinBg,xo woC of bs*rr®esTq ed wo i a.J'_* 3c. :c 2r:v3ut odJ $,W! L.!tvm:: a:3 10 bti.isst sri* ei tI bmr .vbojwo .qu:p sd? !2v.&1 yu be-rsg teed ad bLmv *nom— Lope wwft .vans vog an e<<* rtt be*eev erOI&&y aldt 10 gtda-lenve &,dsga.v: .zhssintys , *aaiYS9gc Send r-Erj 70a" ytc .e0a9tzsgze taw; .araruev is e,;Xt atilt iaztaos brre vos tstDws rely 7',V-r% or11 br_r %Lt, KI2�n sat o: ai OAK .JsiFx9rrwo qu.y )Izt eMit all AmtTT*twEzt rti nwe-C ate xeorrtE Ce2ot�- ,�ri3$X7�T - .-cogeY. AGREEY1EN T THIS AGREEMENT, Made and entered into this /St day of July, 1963 , between the 'IvZRIDIAN ATHLETIC ASSOCIATION INC. , a non-profit Idaho corporation, party of the first part and the CITY OF I,iERIDIAN, Ada County, Idaho , a municipal corporation, party of the second part , 'ITNESSETH :- 'IaHEREAS, First party has purchased one 1947 Heo 48 passenger school bus, Serial No. 12146415 , Title No. C-550130 and is at the present time the owner thereof and; WHEREAS, The first party hereto desires that said bus be used by the City of Leridian in connection with its City recreation Pro- gram for the youth of Meridian and in order to protect the interest of the prospective parties hereto it is agreed as follows : 1. First party will transfer title of said vehicle to second party. 2. It is agreed that second party will use said vehicle in connection with its recreation program, and wi;l license the same and insure the same at its expense. 3. It is further agreed that at anytime upon demand by first party, second party agrees to transfer title to said vehicle back to first party at which time second party shall have the right to cancel any insurance it may have thereon and any premium refunds shall be the sole property of second party. 4. The possession of said vehicle is recognized as having heretofore been delivered to second party that is now using the same, and during the period of time that second party is operating said bus it shall have the sole responsibility for the maintenance, operation and care of the same, and agrees to return the vehicle and transfer title back to first party as above setforth in as good condition as it now is, ordinary wear and tear and damage by the elements accepted. IN WITNESS WHEREOF , The parties hereto hPve hereunto set their hands and seals , the day and year in t1is agreement first above written. ^ATTEST-: Meridian Athletic Assn. , Inc . 9/v& By: SeZre1;P-ry Presid nt ATTEST: City o 1 ridian By: I r�_ HAr4ld. Cox, Clerk Do M. Storey , I4layor !RANT L.AMBROSE p ATTORNEY AND I+4 COUNSELOR 929 EAST FIRST MLRIOIAN.IDAHO ELEPHONE F388-'1�83 I r