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HomeMy WebLinkAboutChamber of Commerce Parking Lot U vdd iaA J:, ./ I ~AMBER ,¡ êÓMMERC' 215 E. Franklin Road. P.O. Box 7 Meridian, Idaho 83680 (208) 888-2817. Fax (208) 888-2682 April II, 2003 RECEIVED APR t t 2003 Mayor Robert Corrie Meridian City Council 33 E, Idaho Ave. Meridian, ID 83642 City of Meridian City Clerk Office Dear Mayor Corrie and City Council, The Meridian Chamber of Commerce is preparing to sign our parking spaces at our office in Storey Park, and we have been advised by the Meridi!\l1 Police Department to be sure that we have aformal agreement with you regarding them. At the time we expanded our building, and the Parks Department installed the new parking lot, we. ha<ia verbal agreement that the 12 parking spaces we originally had would be available to us in the new plan. Should the Chamber sign that many spaces as Chamber only, there would only be 7 spaces left for Park visitors in the "new" lot. As you may know, if you have been to or past the Park anytime in the last 9 months, the new parking lot can be completely full on nice days, just with Chamber staff and Park visitors; The Chamber is, therefore, willing to compromise on the number of spaces we sign; and we request that we have 6 spaces. That gives us. one space each for our three staff members a.nd one Visitor Center volunteer, and two. for visitors. Those spaces would be signed as Chamber only spàces from 8am to 5 pm, Monday through Friday, and would include "violators will be towed" signs with the required information, As Captain Musser has requested, we would like to have a written agreement with the City to prevent any argument thatthe Chamber can't have people towed from City property. The proposed agreement is attached. In addition, we had a verbal agreement with the Parks. Department that we could erect a sign On the east side of the Franklin Road entrance for RV parking for the Visitor Center. This would not be a "towable" area, but would direct travelers with RV's and large trailers to convenient parking. We would sign that as soon as possible, even though the construction workers for the AutoZone store use it as their parking area. We request a.n agreement be reached as soon as possible. Already this spring, we have had times when the staff could not use our parking lot due to the volume of Park visitors. Please contact me if you need Chamber representatives to appear before the Council on this issue. LEASE ADDENDUM BETWEEN THE CITY OF MERIDIAN and the MERIDIAN CHAMBER OF COMMERCE PARKING AGREEMENT In accordance with the lease held by the Meridian Chamber of Commerce from the City of Meridian to operate the Chamber office and Visitor Center in Storey Park, the City agrees that the Chamber shall have six (6) parking spaces designated for sole use of the Chamber for staff and customers, These spaces will be signed by the Chamber for their sole use from 8 am to 5 pm, Monday through Friday, In addition, these spaces will be signed such that persons parking in these spaces in violation of their reserved nature, will be subject to towing at the violators' expense, All signage will be provided by the Chamber and their towing company of choice, in accordance with City ordinance, and will be erected in cooperation with the City Parks Department. Secondly, the City agrees that the Chamber may sign the east side of the Franklin entrance road into the park for RV parking, to indicate the safest and easiest location for travelers who stop at the Visitors' Center driving RV's or pulling trailers. This area will not be signed as a "towable" area, ORIGiNAL THIS LEASE made this may of June, 2002, between the CITY OF MERIDIAN, a municipal corporation (hereinafter referred to as "City"), and the MERIDIAN CHAMBER OF COMMERCE, INC., an Idaho corporation (hereinafter referred to as"Lessee"): I GRANT OF LEASE: DESCRIPTION OF PROPERTY: DURATION OF LEASE That in consideration of the rents, and conditions on the part of the Lessee to be paid, kept, and performed as hereinafter mentioned, City hereby agrees to lease to Lessee a certain parcel of real property situated in Storey Park, located in the City of Meridian, Ada County, State of Idaho, said parcel is more particularly described in Exhibit A which is attached hereto and incorporated by this reference. To have and to hold the said parcel of ground unto the use of said Lessee, its successors and assigns, for the term of fifty (50) years beginning on the date of these presents. The City covenants that upon the expiration of said term at 50 years it will negotiate for another lease of said premises. II RENT Lessee agrees to pay the City as rent for said premises One and no/100 Dollars ($1.00) per year. All fifty (50) years of this lease term have been paid for in full by the lessee as of the date this Lease is executed, III PUBLIC RESTROOMS The Chamber of Commerce building contains two public restrooms with exterior entrances. Additionally, this portion of the Chamber of Commerce building, which contains the two public restrooms, has been paid for by the City and said portion of the building is City owned property. City agrees to assume total responsibility for furnishing and maintaining the plumbing and electrical bathroom fixtures, supplies, including paying for the sewer, water, electric, and natural gas charges and assessments as they relate to the public restrooms. IV TAXES, SPECIAL ASSESSMENTS, AND PUBLIC SERVICE CHARGES Lessee agrees to pay all taxes and assessments, general and special, and all other impositions, ordinary, of every kind and nature whatsoever, levied or assessed upon the building or improvements at any time situated on the leased parcel during the tern of the lease. Any such taxes or assessments pertaining to the public restrooms shall be the responsibility of the Lessor. Furthermore, Lessee shall pay for all user charges associated with the structure, except those that relate to the public restrooms, and which restrooms are City owned and referenced in paragraph III above. The City shall pay, by a separate biliing to the property, the utilities that are furnished to that portion of the building, including any power, natural gas, and water and sewer hookup. V CONDEMNATION OF LEASED PROPERTY The parties by this provision provide for the contingency that the premises or a portion thereof could be taken by a public authority under the power of eminent domain during the term of this lease. With respect to the compensation recovered upon any such taking, the parties agree that all compensation for the reduced value of or the loss of the fee title to the land the City's interest in the leasehold created by this lease and all other compensation except that hereafter specifically assigned to the Lessee shall be the property of the City; and that compensation for the reduced value of or the loss of the improvements, including the building (except for the public restrooms which are not property of the Lessee), located on the leased premises, the Lessee's moving expenses, the Lessee's loss of business, and the depreciation of the Lessee's stock and fixtures shall be the property of the Lessee, VI USE OF PREMISES The parties acknowledge that the City is leasing the described parcel to Lessee to allow Lessee to use the premises as the location for the office of the Meridian Chamber of Commerce, Inc, and Lessee's related activities. Lessee shall also be entitled to opérate a visitor's center on said premises, In the event Lessee shall cease to use the leased premises for a Chamber of Commerce office, such shall constitute a default of this Lease and shall entitle the City to terminate this lease and pursue any remedy herein provided, Lessee shall make no unlawful use of the leased premises, nor shall Lessee perform any acts or carry on any practices upon the premises which may injure the enjoyment of the surrounding park or be a nuisance or menace to the City or patrons or Storey Park. The City shall maintain, at no cost to the lessee, the landscaping and watering of the premises. VII INSURANCE A. Liabilitv Insurance. The Lessee shall at all times keep enforced a standard insurance policy insuring the City and the Lessee against public liability on or in any way connected with the premises with the limits of liability in those amounts as currently set forth in the Idaho Tort Claims Act, or in such amounts as may hereafter be set forth by said Act during the term of this lease. Lessee further agrees to provide City with written proof of insurance at least annually, or upon the reasonable request of City. Insurance for the restrooms shall be maintained by the City. B. Lessee to Indemnify CitY: Lessee agrees to indemnify and hold City harmless for any damages or claims which arise out of the Lessee's use or occupancy or the leased premises, exclusive of the public restrooms. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -2- C. Fire Insurance, The Lessee shàll at all times during the term of this lease carry and keep in force a standard fire insurance policy insuring the premises for the full insurable value hereof with extended coverage. Insurance for the restrooms shall be maintained by the City. VIII QUIET ENJOYMENT The City warrants and agrees that it holds merchantable title to the premises, and that it shall defend lessee's peaceful possession of the premises during the term of the lease against all interruptions by the City or any person claiming under the City unless this lease is terminated for the default of the Lessee. IX CITY'S DEFAULT If the City shall default in performing any of the provisions of this lease to be performed by it, the Lessee shall not pursue any available remedies (except to secure an order or judgment of court restraining or enjoining each such default) until the Lessee shall notify the City thereof specifying each such default. If the City fails to correct each said specified default within ninety (90) days after service of such notice, the Lessee may, without further notice, terminate this Lease and pursue any other remedy now or hereinafter provided by law, no remedy being exclusive. X LESSEE'S DEFAULT If the Lessee shall default in performing any of the provisions of this lease to be performed by the Lessee, the City shall not pursue any available remedies (except to secure an order or judgment of court restraining or enjoining each such default) until the City shall notify the Lessee thereof specifying each such default. A, Acts of Default. The following, but not limited to the following, eventualities shall be acts of default by Lessee, upon occurrence of which City shall have the right to declare this lease immediately terminated with the consequences herein provided: (1) Failure to comply with any other provision hereof within ninety days following written notice of default given by City, which said notice of default shall specify the matter in default; (2) Abandonment of the premises by Lessee; or (3) Commencement of any proceedings to declare Lessee a bankrupt, or for relief under any of the Chapters of the Bankruptcy Act, whether voluntary or involuntary, or the appointment of any receiver or trustee of the assets of Lessee situated in or upon the leased premises, or the seizure of all or any substantial portion of the assets of Lessee in or upon the leased premises under any levy of attachment or execution which shall not have been released within thirty (30) LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -3- B. days after the date thereof. Remedies Ucon Default. If the Lessee fails to correct each such specified default within ninety (90) days after service of such notice, the City may, without further notice, immediately correct the specified defaults, in which case the cost thereof to the City shall be deemed to be additional rent, shall be immediately due without further notice of default, and the City may institute all necessary proceedings to collect the same, and pursue any other remedy now or hereinafter provided by law, no remedy being exclusive. XI TRANSFER BY LESSEE PROHIBITED The Lessee shall not sell or contract to sell or assign or contract to assign this lease or sublet or part with possession of the premises or any part thereof, or otherwise transfer or hypothecate or assign as security or pledge or otherwise encumber the Lessee's interest in this lease or in the premises or any part thereof. It is agreed the reason and justificatIon for the above restriction on alienation and transfer is reasonable and the City would not lease this property to any entity other than Lessee for any use other than that stated in this lease, Any violation of the provisions of this paragraph by the Lessee shall constitute a default by the Lessee entitling the City to pursue any remedy herein provided for the default of the Lessee. XII ENFORCEMENT EXPENSE If any court action is brought to enforce any of the provisions of this lease, the losing party shall pay to the prevailing party a reasonable attorney's fee in such action. XIII ALL MODIFICATIONS TO BE WRITTEN No modification of this lease. nor any waiver of a provision hereof shall be of any force or effect unless the same is in writing and signed by the parties hereto. XIV NOTICES All notices required or permitted to be given hereunder shall be in writing and shall be sent postage prepaid by United States registered mail, retum receipt requested. A notice mailed and addressed to the address set opposite the signature hereto of the party for whom the notice is intended, shall be deemed served and conclusively presumed to have been received the day after it is mailed. Any party may, by written notice given as herein provided, change the address for notices to be sent to such party. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -4. xv TIME OF ESSENCE Time and prompt performance of each provision of this lease is of the essence. XVI WAIVER Waiver by one party of one or more defaults in performance of any provision herein contained to be performed by the other party shall not waive the provision itself or any subsequent default in performance thereof or the provisions of this paragraph, XVII GOVERNING LAW All questions relating to the construction and validity of this lease agreement shall be determined in accordance with the laws of the State of Idaho. XVIII INTERPRETATIONS The underlined paragraph headings used herein are for convenience only, are not a part of this lease, and shall not be used in construing it. This lease is executed in several counterparts and each counterpart shall be deemed an original for all purposes. Each provision of this lease to be performed by the Lessee shall be construed to be both a covenant and a condition, The term "person" shall include all legal entities, including, but not limited to, person, partnership, corporation, trust, estate, association, or govemmental unit. Singular terms used herein which relate to the City or to the Lessee shall be read as if written in the plural when the context so requires or permits. XIX BINDING EFFECT The agreements herein contained shall be binding upon, apply and inure to the City's and the Lessee's respective heirs, executors, administrators, successors and assigns, xx EFFECTIVE DATE Effective date means the date that this lease agreement is dated above and is the date on which it will take effect regardless of whether the parties hereto signed it before or after such date. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -5- IN WITNESS WHEREOF, the parties have subscribed their names and have set their seals on the day and year first above written, CITY OF MERIDIAN, IDAHO 33 E, Idaho Street ATTEST ATTEST: By: LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page .6. STATE OF IDAHO, ; ss County of Ada On th~~craay of Ma~fore me, the undersigned, a Notary Public in and for said State, personally appeared JOSEPH W, BORTON and, known to me to be the President ofthe Meridian Chamber of Commerce, Inc., the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said corporation, IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. (SEAL) 1\\\I"m lIIll~ #~~ 'I.~'.~~~~o:q~ !' ~., "" '\ $ .. ~OTARY ". ~ ~* i ..,- }*I i \ PUBL\C ... § ~ ". ..' # ,,~ .~......!~ ~ YII~ vl~7ECfIlJl"",'~ 1//III lIInll\\\~ ~.' ~7 / .//t, ,?--7 . '1.-- , . otary Pu-a-; fOr Ida~ . Residing af:7?-2¿:-Lt~.....-. --J~,-a Commission Expires: ¡fÓ-15-°T- STATE OF IDAHO, : ss County of Ada ) j\~ JlA-Ut' On the q,,:""'-day of Me:reh, the undersigned, a Notary Public in and for said State, personally appeared ROBERT C. CORRIE and WILLIAM G, BERG, JR., known to me to be the President and City Clerk of the City of Meridian, the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said City. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. (SEAL) ..---Ñš... .... /~ó~~~~ :tIJ/ \ : : ! I . \\ 1,: ...d':;;.~tf.." ..11!iœ11'..- ..n.. ~o.AúY"\k¥u Notary Public for Idaho . Residingat: Âr{().J ~~.J~ Commission Expires: 4- -;). '3'- 0 '5 LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -7- '/'1: ."i 'roj.......-..................-..-.-. Dtlte..._.._.-...ßy...-..--- Sheet...___...Of...-- Ve~eyipt,o""" f~V" !..Lon oP ¡If PtlrtG:1. Db Mw..u~ ~ A-op~14 $.I."",. .,d \'11\ i~J.. "HvY4NwY4.$'ecoIß,r.3,u. P.Je. Nltrid l«M. 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