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HomeMy WebLinkAboutCongressman Walter Minnick for Use of Office in City HallLEASE AGREEMENT MERIDIAN CITY HALL Meridian, Idaho between The City of Meridian as Landlord and Congressman Walt Minnick as Tenant Dated: December 23, 2008 LEASE AGREEMENT (Office) THIS LEASE AGREEMENT ("Lease") is entered into effective this 23rd day of December, 2008, by and between The City of Meridian, Idaho, an Idaho Municipal Corporation ("Landlord") and Congressman Walt Minnick ("Tenant"). 1. Basic Lease Provisions. For purposes of this Lease, the following terms have the following definitions and meanings: 1.1 Landlord's Address (For Notices): Office of the City Clerk, 33 E. Broadway Avenue, Meridian Idaho, or such other place as Landlord may from time to time designate by notice to Tenant. 1.2 Tenant's Address for Notices (Premises): Suite 251, 33 E. Broadway Avenue, Meridian Idaho, or such other place as Tenant may from time to time designate by notice to Landlord. 1.3 Premises: Suite 251 of the Meridian City Hall (the "Building"), located at 33 East Broadway Avenue, Meridian, Idaho 83642, as shown on Exhibit A, containing approximately 1812 rentable square feet. Exact rentable square footage will be determined upon completion of a Tenant improvement plan. 1.4 Term: The Primary Term and Option Periods (if validly exercised according to the terms of this Lease) set forth below are collectively referred to in this Lease as the "Term." 1.4.1 Primary Term: Twenty Four (24) Lease Months. 1.4.2 Option Periods: Two additional twelve (12) month option periods. 1.5 Rent Commencement Date (or "Commencement Date"): January 3, 2009 1.6 Occupancy Date: January 5, 2009 1.7 Expiration Date: December 31, 2010 1.8 Initial Base Rent: $ 18.00 per square foot, per year, estimated to be $ 2,718.00 per month, to be adjusted annually pursuant to Section 4 of this Lease. 1.9 Security Deposit: None 1.10 Permitted Use: Local Congressional Office for staff of Rep. Walt Minnick and associated uses. 1.11 Exhibits: The Exhibits and Addendum which are attached to this Lease are incorporated herein by this reference. LEASE AGREEMENT - 1 1.12 Defined Terms: The headings provided in this Section 1 in bold print are used in this Lease as defined terms. This Section 1 represents a summary of the basic terms and definitions of this Lease. In the event of any inconsistency between the terms contained in this Section 1 and any specific provision of this Lease, the terms of the more specific provision shall prevail. 2. Premises. In consideration of the payment of rent and the performance of the covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises, together with and subject to all conditions, restrictions, obligations, rights, privileges, easements and appurtenances thereto. 3. Common Areas. Tenant shall have the non-exclusive right to use all common areas located within the Building, including, but not limited to, entrance ways, foyers, elevators and restrooms, breakroom, exercise room, locker rooms and other areas intended to be used in common by all of the tenants of the Building and their invitees, and the common areas located on the land on which the Building is situated, including, but not limited to, the parking lot and sidewalks adjacent to the Building and all other areas on such land intended to be used in common by all of the tenants of the Building and their invitees (collectively, "Common Areas"). 4. Rent and Term. 4.1 Rent. Beginning with the Rent Commencement Date, Tenant shall pay to Landlord, via Electronic Funds Transfer, on the twentieth day of each month, in arrears, Base Rent in accordance with the schedule set forth below. Base Rent for any partial month at the beginning or end of the Term shall be prorated. As used in this Lease, the term "Rent" shall mean Base Rent as defined below. All payments of Rent shall be made without deduction, set off, discount, or abatement in lawful money of the United States in good and immediately available funds. 4.1.1 Base Rent; CPI Increases. The annual base rent ("Base Rent") for the first Lease year shall be $ 18.00 per square foot, estimated to be $ 32,616.00 per year, to be paid in monthly installments of $ 2,718.00 each. The annual Base Rent to be paid by Tenant to Landlord shall be increased annually effective on the anniversary of the Rent Commencement Date of this Lease by a percentage equal to the annual percentage increase in the Consumer Price Index (CPn published by the Bureau of Labor Statistics of the Department of Labor (1984=100) for All Urban Consumers -All Items (or other applicable index). The base of the CPI for computation of the increase, if any, shall be the month in which the Rent Commencement Date occurs. If no publication is made or yet available for such month, the base shall be the last preceding month for which publication is available on the anniversary of the Rent Commencement Date. The CPI for the same month shall be compared annually to determine the percentage increase and the resulting percentage shall be applied to the monthly rental rate then in effect to determine the monthly rent to be paid for the ensuing year. Landlord shall notify Tenant of any increase in the monthly rental rate resulting from such computation and Tenant shall pay Landlord the amount of such increase retroactively to the effective date thereof. If the CPI is discontinued or replaced, Landlord shall substitute a LEASE AGREEMENT - 2 comparable index based upon the cost of living or purchasing power of the consumer dollar published by any other governmental agency. 1'f no such index is available, then Landlord shall select a comparable index published by a major bank or other financial institution or by a university or a recognized financial publication. If the items incorporated in the CPI are revised, an equitable adjustment will be made and a formula developed to permit an annual rental adjustment. This would reflect any decline in the purchasing power of the basic rental payment called for in this Lease, and would produce results equivalent, as near as possible, to those that would have been obtained if the CPI had not been so revised. 4.2 Term. 4.2.1 Primary Term. The Term shall be for the period designated in Section 1 commencing on the Commencement Date, and ending on the Expiration Date, unless extended pursuant to Section 4.2.2 below. Upon the request of Landlord, Tenant shall execute a written acknowledgment of the Commencement Date and/or Expiration Date. 4.2.2 Option Periods. Providing Tenant is not in default at the time Tenant exercises its option to extend or at the commencement of the applicable Option Period(s), Tenant shall have the option to extend the Primary Term for the option period(s) set forth in Section 1 (the "Option Periods"). The initial Rent for the Option Periods shall be the Rent during the last year of the Primary Term, or previous Option Period, as applicable, as increased at the commencement of the applicable Option Period pursuant to the provisions of Section 4.1.1; however, in no event shall such adjustments reduce the Rent below the Rent as increased by any prior adjustments. Tenant shall be required to give Landlord written notice of its intention to exercise such option not less than forty five (45) days in advance of the expiration date of the Primary Term, or current Option Period, as applicable. 5. Uses. 5.1 General Use. The Premises shall be used only for the use set forth in Section 1 ("Permitted Use") and for no other use without the prior written consent of Landlord, which may be withheld in Landlord's sole discretion. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance or other act in or about the Premises that disturbs the quiet enjoyment of any other tenant in the Building. Tenant shall comply with all laws and regulations relating to its use or occupancy of the Premises or of the Common Areas. Tenant shall observe such rules and regulations for the Building as may be adopted by Landlord. 5.2 No Hazardous Substances. Tenant agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment (or any similar substance) as now or hereafter defined by or determined pursuant to any applicable law or regulation ("Hazardous Substance") in, on or about the Premises in violation of applicable law. 5.3 Insurance Risks. Tenant will not do or permit to be done any act or thing upon the Premises, the Building or the Common Areas which would (a) jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b) increase the rate of fire insurance applicable to the Building to an amount higher than it otherwise would be for the general office use of the Building; or (c) subject Landlord to any LEA5E AGREEMENT - 3 liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Premises. 6. Assignment and Subletting. Tenant shall not, without first obtaining Landlord's written consent, which may be withheld in Landlord's sole discretion: (1) sell, assign, mortgage, or transfer this Lease (or any interest therein); (2) sublease all or any portion of the Premises; or (3) allow the use or occupancy of the Premises by anyone other than Tenant. Landlord's consent to any assignment or sublease shall not operate as a waiver of the necessity for consent to any subsequent assignment or sublease. 7. Care of Premises. Tenant shall keep the Premises in a neat, clean and sanitary condition and shall at all times preserve them in good condition and repair, ordinary wear and tear excepted. If Tenant shall fail to do so, Landlord may at its option place the Premises into said condition and state of repair, and in such case Tenant on demand shall pay or reimburse Landlord for the costs thereof. 8. Surrender of Premises; Removal of Property. Upon expiration or termination of the Lease Term, whether by lapse of time or otherwise (including any holdover period), Tenant at its expense shall: (1) remove Tenant's goods and effects and those of all persons claiming under Tenant, (2) repair and restore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and peacefully surrender the Premises (including surrender of all improvements installed in the Premises by Landlord or Tenant, except Tenant's trade fixtures that do not become part of the Building). 9. Condition of Premises; Alterations. 9.1 Landlord's Improvements; Premises "As Is". Landlord shall- complete the improvements described on plans prepared by LCA Architects, designated as Job No 06016.04, dated December O5, 2008 and generally depicted in the floor plan attached hereto as Exhibit A. After completion of Landlord's work, and inspection by Tenant, Tenant shall accept the Premises "as is" (except for any punch list items of which Tenant notifies Landlord). Landlord has not made any representations or promises whatsoever with respect to the Building or the Premises, and Tenant is relying on its own investigation and inspection of the Premises and its own determination of the suitability of the Premises, physically and legally, for its intended use. In the event that Landlord's Improvements are not substantially complete on the Occupancy Date set forth in Section 1.6, Landlord shall make an adjustment to the Rent Commencement Date commensurate with the date of substantial completion. 9.2 Delivery of Premises. The Premises shall be delivered in a turn key condition broom clean per the improvement plan subject to: Any final punch list items which will not materially affect the use of the Premises, Ingress and egress to the Premises is free and unobstructed, The architect for the project has certified that construction of the leasehold improvements is in conformity with applicable building codes, The Building has been completed in conformity with applicable building codes, A temporary certificate of occupancy has been issued which states that all work is complete except for Tenant's fixtures (so long as there are no LEASE AGREEMENT - 4 conditions to such certificate which causes material interference with Tenant's use of the Leased Premises), All utility and building systems are functioning in a workmanlike fashion. 9.3 Tenant's Improvements. In the event that Tenant desires to undertake any improvements over and above Landlord's Improvements at Tenant's sole cost, Tenant shall do so only with the written approval of Landlord, such approval being in Landlord's sole discretion. Any such improvements shall be performed in a good and workmanlike manner in compliance with all applicable laws, codes and regulations, and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved by Landlord. All damages or injury done to the Premises, Common Area or the Building by Tenant or by any persons who may be in or upon the Premises, Common Area or the Building with the express or implied consent of Tenant, shall be paid for by Tenant. All improvements (except Tenant's trade fixtures that do not become a part of the Building) shall remain in and be surrendered with the Premises at the expiration or sooner termination of this Lease. 9.4 Alterations. Tenant shall make no additions, changes, alterations or improvements ("Work") to the Premises, or any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. All Work shall be at Tenant's sole cost and shall be performed in a good and workmanlike manner in compliance with all applicable laws, codes and regulations, and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved by Landlord All improvements (except Tenant's trade fixtures that do not become a part of the Building) shall remain in and be surrendered with the Premises at the expiration or sooner termination of this Lease. Tenant agrees to include in all construction contracts for work performed upon the Premises or Building a notice to all contractors, subcontractors, laborers and material suppliers that: (i) the Tenant is not acting as the agent of the Landlord; (ii) Tenant's interest in the Premises and Building is subject to the terms and conditions of the Lease; (iii) upon the termination of the Lease, title to all improvements located on the Premises and Building shall pass to the Landlord free and clear of all claims, liens and encumbrances; and (iv) the contractors, subcontractors, laborers and material suppliers agree that their rights to the Premises and Building, if any, shall be limited to the rights of the Tenant under the Lease. 10. Services and Maintenance. 10.1 Basic Services. Landlord shall provide mechanical, cooling, heating and ventilation during "Normal Business Hours," which means 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays. Landlord shall provide cooling, heating and ventilation at times other than Normal Business Hours upon Tenant's request and with reasonable notice to Landlord, and Tenant shall pay the costs thereof. If Tenant has special mechanical, cooling, heating, ventilation, electrical or other requirements, then the cost of furnishing, installing, operating and maintaining the equipment and appurtenances (including separate meters if required by Landlord to satisfy these requirements) shall be borne by Tenant. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of such services LEASE AGREEMENT - 5 unless caused by the negligence or wilful misconduct of Landlord, and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements or due to accident or strike conditions shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. 10.2 Maintenance. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems, the exterior of the Building, the parking lot and the landscaping, unless such maintenance or repairs are required as a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its agents, servants, employees, or invitees, in which event Landlord may file a claim under the Federal Tort Claims Act for reimbursement of the cost of performing the repairs necessary that are caused by the acts, neglect, or duty of the Tenant, agents, servants, employees, or invitees. Except for those areas designated in this Section to be maintained by Landlord, Tenant shall repair and maintain in good condition and repair, the Premises, and any and all appurtenances thereto, during the term of this Lease. 10.3 Basic Utilities. Landlord shall furnish water, sewer, electricity and natural gas service to the Premises and the cost of such utility service, including costs based on consumption, shall be the expense of Landlord. Notwithstanding anything contained in this Section to the contrary, the agreement by Landlord is predicated on Tenant not engaging in any business which would cause a consumption or use of such utility services beyond that normally associated with office usage. In the event Landlord reasonably determines that Tenant's consumption or use of any such utility is greater than that normally associated with office usage, Landlord shall bill Tenant for the cost of such special or comparatively excessive use of such utility services on a regular basis and all such billings shall be due and payable as additional Rent together with the next scheduled Rent payment. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of such services due to any cause whatsoever, and no temporary interruption of failure of such services incident to the making of repairs, alterations or improvements or due to accident or strike conditions shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. 10.4 Additional Utilities. Tenant shall purchase all other utility services, including but not limited to telephone, cable, Internet, and television services desired by Tenant from the utility or municipality providing such service, and shall pay for such services when such payments are due. 10.5 Janitorial Services. Landlord agrees to furnish daily janitorial service for Tenant. Such service shall include sweeping or vacuuming of unrestricted floor areas in offices, emptying of waste paper receptacles and cleaning of restroom areas. 11. Entry and Inspection. Landlord at all reasonable times (and at any time in case of emergency) may enter the Premises for the purpose of inspection, cleaning, repairing, altering or improving the Premises or the Building subject to Tenant's reasonable security requirements. Landlord shall have the right at reasonable times to enter the Premises for the purpose of showing the Premises to any prospective purchasers, mortgagees or tenants of the Building. LEASE AGREEMENT - 6 during any twelve (12) month period, and if after such written notice any Rent is not paid when due, an Event of Default will be considered to have occurred without further notice; or 14.1.2 Failure by Tenant to perform or observe any of the other terms, covenants, conditions, agreements or provisions of this Lease if such failure shall continue for a period of Ten (10) days after written notice thereof has been given to Tenant; provided, if any such failure cannot reasonably be cured within Ten (10) days then Tenant shall not be deemed to be in default if Tenant commences to cure such failure within a reasonable time not to exceed Ten (10) days and for as long as Tenant is diligently prosecuting the cure thereof up to a total of Thirty (30) days after the notice from Landlord has been given; or 14.1.3 Any misrepresentation or material omission of information made by Tenant orally to Landlord or in any documents or other materials provided by Tenant to Landlord in connection with this Lease; or 14.1.4 Any prolonged absence by Tenant from the Premises ("vacation"), or an absence from the Premises of five (5) days or more while Tenant is in default ("abandonment"); or 14.1.5 This Lease, any part of the Premises, or any property of Tenant's are taken upon execution or by other process of law directed against Tenant, or are taken upon or subject to any attachment by any creditor of Tenant or claimant against Tenant, and said attachment is not discharged or disposed of within fifteen (15) days after its levy; or 14.1.6 Tenant files a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or under any insolvency act of any state, or admits the material allegations of any such petition by answer or otherwise, or is dissolved or makes an assignment for the benefit of creditors; or 14.1.7 Involuntary proceedings under any such bankruptcy law or insolvency act or for the dissolution of Tenant are instituted against Tenant, or a receiver or trustee is appointed for all or substantially all of the property of Tenant, and such proceeding is not dismissed or such receivership or trusteeship vacated within thirty (30) days after such institution or appointment; or 14.1.8 The doing or permitting to be done by Tenant of any act which creates a mechanic's or other lien or claim against the land or Building of which the Premises are a part and the same is not released or otherwise provided for by indemnification satisfactory to Landlord within 30 days thereafter; and 14.1.9 Tenant fails to take possession of the Premises on the Occupancy Commencement Date. 14.2 Landlord Remedies for Tenant Default. If any default occurs hereunder, Landlord may, at any time thereafter and without waiving any other rights hereunder, do one or more of the following: . LEASE AGREEMENT - 8 14.2.1 Terminate this Lease, by written notice on the earliest date permitted by law or on any later date specified in such notice, in which case Tenant's right to possession of the Premises will cease and this Lease will be terminated; 14.2.2 Without further demand or notice, reenter and take possession of the Premises or any part of the Premises, repossess the same, expel Tenant and those claiming through or under Tenant, and remove the effects of both or either, using such force for such purposes as may be necessary, without being liable for prosecution, damage or otherwise and without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding breach of covenants or conditions; 14.2.3 If Tenant should abandon, vacate or surrender the Premises or be dispossessed by process of law, any personal property left upon the Premises shall be held by the Landlord for Tenant's account. The Landlord shall contact the Office of the Administrative Counsel to make arrangements to have the property removed; 14.2.4 Should Landlord elect to reenter as provided in Section 14.2.2 or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by law, Landlord shall be allowed to collect any past rent owing; 14.2.5 Landlord reserves the right following any such reentry or reletting to exercise its right to terminate this Lease by giving Tenant such written notice, in which event this Lease shall terminate as specified in such notice. 14.3 Cumulative Remedies. Any suit or suits for the recovery of the amounts and damages set forth above may be brought by Landlord, from time to time, at Landlord's election, and nothing in this Lease will be deemed to require Landlord to await the date upon which this Lease or the Term would have expired had there occurred no Event of Default. Each right and remedy provided for in this Lease is cumulative and is in addition to every other right or remedy provided for in this Lease or now or after the Commencement Date existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Landlord of any one or more of the rights or remedies provided for in this Lease or now or after the Commencement Date existing at law or in equity or by statute or otherwise will not preclude the simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in this Lease or now or after the Commencement Date existing at law or in equity or by statute or otherwise. All costs incurred by Landlord in collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease whether or not one or more actions are commenced by Landlord, will also be recoverable by Landlord from Tenant. 14.4 Late Payments. 14.4.1 Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by the Lease, the exact amount of which are now and will be extremely difficult to LEA5E AGREEMENT - 9 ascertain other than such charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sums due from Tenant shall not be received by Landlord or Landlord's designee within Thirty (30) days after such amount shall be due, Tenant shall pay to Landlord a late charge equal to Ten percent (10%) of the amount(s) past due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. 15. Landlord's Default. In the event of any default in the obligation of Landlord under this Lease, Tenant will deliver to Landlord written notice listing the reasons for Landlord's default and Landlord will have Thirty (30) days following receipt of such notice to cure such alleged default or, in the event the alleged default cannot reasonably be cured within such period, to commence action and proceed diligently to cure such alleged default. 16. Holdover. If Tenant shall, with the written consent of Landlord, hold over beyond the expiration of the Term, or if Landlord shall so notify Tenant at any time upon or after the expiration of the Term, such tenancy shall be deemed amonth-to-month tenancy that may be terminated as provided by applicable state law. During such tenancy Tenant shall be bound by all the terms, covenants and conditions as herein specified as far as applicable, except rental, which shall be One Hundred and Twenty percent (120%) of the Base Rent due during the last year prior to the expiration of the Term. 17. Notices. All notices under this Lease shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, postage prepaid, or sent by recognized overnight courier i.e. federal express, to Landlord and to Tenant at the addresses set forth in Section 1 (except that, after the Lease commences, any such notice may be so mailed or delivered by hand to Tenant at the Premises), or to such other addresses as may from time to time be designated by any such party in writing. Notices mailed as aforesaid shall be deemed given at the earlier of three (3) days after the date of such mailing or upon the date of receipt. 18. Limitation of Landlord's Liability. Notwithstanding any other Lease provision, all covenants, undertakings and agreements herein made on the part of Landlord are made and intended not as personal covenants, undertakings and agreements for the purpose of binding Landlord personally or the assets of Landlord, but are made and intended for the purpose of binding only Landlord's interest in the Building. No personal liability or personal responsibility is assumed by, nor shall at any time be asserted or enforceable against Landlord or its shareholders, directors and officers or their respective heirs, legal representatives, successors or assigns on account of this Lease or on account of any covenant, undertaking or agreement of Landlord contained in this Lease. 19. Nonwaiver. Waiver by Landlord of any term, covenant or condition herein contained or any breach thereof shall not be deemed to be a waiver of any other term, covenant, or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of any Rent hereunder by Landlord shall not be deemed LEASE AGREEMENT -10 to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. 20. Quiet Possession. Landlord warrants that so long as Tenant is not in default under this Lease beyond any applicable cure period and so long as this Lease has not been terminated, subject to the terms and conditions of this Lease, Tenant's quiet possession of the Premises during the Term shall not be disturbed by Landlord or others claiming through Landlord. 21. General. 21.1 Miscellaneous. Titles or captions to sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. All of the covenants, agreements, terms and conditions contained in this Lease shall inure to and be binding upon Landlord and Tenant and their respective heirs, executors, administrators, successors and permitted assigns. This Lease contains all covenants and agreements between Landlord and Tenant relating in any manner to the leasing, use and occupancy of the Premises and Tenant's use of the Building and the Property and other matters set forth in this Lease. No prior agreements or understandings pertaining to the same shall be valid or of any force or effect and the covenants and agreements of this Lease shall not be altered, modified or added to except in writing signed by Landlord and Tenant. Any provision of this Lease that shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and the remaining provisions hereof shall remain in full force and effect. Time periods for Landlord's performance under any provisions of this Lease shall be extended for periods of time during which Landlord's performance is prevented due to circumstances beyond Landlord's control, including without limitation, strikes, embargoes, shortages of labor or materials, governmental regulations, acts of God, war or other strife. This Lease shall be governed by and construed in accordance with the laws of the State of Idaho. Time is of the essence of this Lease. This Lease may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be one and the same agreement. Neither this Lease nor any memorandum hereof shall be recorded in the real property records of the county wherein the Property is located. The word "day" means "calendar day" herein and the computation of time shall include all Saturdays, Sundays and holidays for purposes of determining time periods specified herein. 21.2 Authority. If Tenant is a corporation, the individual executing this Lease on behalf of Tenant represents and warrants that he/she is duly authorized to execute and deliver this Lease on behalf of the Tenant in accordance with a duly adopted resolution of the board of directors of Tenant and in accordance with Tenant's bylaws, and that this Lease is binding upon Tenant in accordance with its terms. If Tenant is a partnership, the individual executing this Lease on behalf of Tenant represents and warrants that he/she is duly authorized to execute and deliver this Lease on behalf of the Tenant in accordance with Tenant's partnership agreement, and that this Lease is binding upon Tenant in accordance with its terms. [End of Text] LEASE AGREEMENT -11 IN WITNESS WHEREOF, the Landlord and the Tenant have signed their name and affixed their seals the day and year first above written. TENANT: By Z~ c Congressman Walt `\``t~\`~~~u u u ui~~<<~~~''' i ~~.~'1 ~ /~~~oi ~~ ~r ~~~ ~i Attest: ~ rRO ~" L ~~ ~: :,,, 9o T 18.E , ,~4,., ~P ~. EXHHIBITS: A FLOOR PLAN B DISTRICT OFFICE LEASE ATTACHMENT LEASE AGREEMENT -12 EXHIBIT A Floor Plan ~ i i i ~o . ~EG®~ ~i 749 ~~ U:'4763N~ ®I E1 m.or ~ a~ D I .. G ---j--- L--~------~ - I - - --f---- COPY/ ELE/I I~ BREAK 3 I COMM. 2,,0 i I 769 ' I m ~~ _, si e I / I .-7,' I ._0. OPEN c 'Y ® ; ~ OFFICE /~ 5~ C E E J 264 E E i g®` ®® ~~ ® ~~,--- i 76e OFOE i OFFICE I o OFFICE 26l _ 6 6B 0 __~_-_-_- -_ _ ~~ _____ I_ _-_~_-_ II II i ~16° 14'-6° ~ I3'-6° ~ 13'-I0° ~ I4'-0° ~ I ' 78'•0° ' 78'•4° _~ ~ 8 9 ~ FLOOR PLAN LEASE AGREEMENT -13 D~strlct Offl~ Leas®Attaclnnent (Page 1 of 3 -version 1.11) 1. LESSOR (Landlord) and LESSEE (Member of Congress) agree that this District Office Lease Attachment ("ATTACHMENT") is incorporated into and made part of the District Office Lease ("LEASE") to which it is attached. 2, LESSOR expressly acknowledges that neither the U.S. House of Representatives ("HOUSE") not its Officers are liable for the performance of the LEASE. LESSOR further expressly acknowledges that payments made by the Chief Administrative Officer of the HOUSE ("CAO") to LESSOR to satisfy LESSEE'S rent obligations under the LEASE -which payments are made solely on behalf of LESSEE in support ofhis/her official and representational duties as a Member of the U.S. House of Representatives -shall create no legal obligation or liability on the part of the CAO or the HOUSE whatsoever. LESSEE shall be solely responsible for the performance of the LEASE and LESSOR expressly agrees to look solely to LESSEE for such performance. 3. Any amendment to the LEASE must be in writing and signed by the LESSOR and LESSE. 4. LESSOR and LESSEE understand and acknowledge that the LEASE shall not be valid, and the CAO will not authorized the disbursement of funds to the LESSOR, until 'the Administrative Counsel for the CAO ("Administrative Counsel") has reviewed the LEASE to determine that it complies with the Rules of the HOUSE and the Regulations of the Committee on House Administration, and approved the LEASE by signing below. LESSOR and LESSEE also understand and acknowledge that the Administrative Counsel must review and approve any substantive amendments to the LEASE. 5. The LEASE is a fixed term lease with equal monthly installments for which payment is due at the end of each calendar month. In the event of a payment dispute, LESSOR agrees to contact the Office of Finance of the HOUSE at 202-225-7474 to attempt to resolve the dispute before contacting LESSEE. 6. The term of the LEASE may not exceed the constitutional term of the Congress to which the LESSEE has been elected. 7. Any provision in the LEASE purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the LEASE purporting to vary the dollar amount of the rent specified in the LEASE by any cost of living clause, operating expense clause, pro rata expense clause, elevator clause, escalator clause, or any other adjustment or measure during the term of the LEASE shall have no force or effect. 8. If either LESSOR or LESSEE terminates the LEASE under the terms of the LEASE, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, 241 Longworth House Office Building, Washington, D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer, U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515. 9. LESSOR agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, carpets, elevators, escalators, entryways, exits, alleys, and other like areas. LESSOR also agrees to maintain, repair in good order, or replaces as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, carpets, fixtures, and all mechanical, plumbing, electrical and air conditioningJheating systems or equipment serving the premises. LESSOR shall be liable for any LEASE AGREEMENT -14 Districfi Office Lease Attachment (Page 2 of 3 -version 1.11) damage, either to persons or property, sustained by LESSEE or any of his or her employees or guests, caused by LESSOR's failure to fulfill its obligations under this paragraph. 10. LESSOR agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671-80, satisfies any and all obligations on the part of the LESSEE to purchase private liability insurance. 11. LESSOR agrees that neither LESSEE nor the HOUSE or any of the HOUSE's officers or employees will indemnify LESSOR against any liability of LESSOR to any third party that may arise during or as a result of the LEASE or LESSEE's tenancy. 12. LESSOR agrees to promptly notify LESSEE in writing in the event LESSOR sells, transfers, or otherwise disposes of the leased premises; in the event LESSOR is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. LESSEE shall promptly file a copy of any such notice with the Office of Finance, 241 Longworth House Office Building, Washington, D.C. 2osls. 13. LESSOR shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act). 14. If LESSOR permits the LESSEE to holdover, all terms of the LEASE (including the monthly rent) shall continue unaltered during ay period of such holdover tenancy. Thereafter, any such holdover tenancy begins, the LEASE may be terminated by either party giving 30 days written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered, faxed, or, if mailed, the date such notice is postmarked. 15. LESSOR agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 16. LESSOR shall promptly refund to the CAO, without formal demand, any payment made to the LESSOR by the CAO for any period for which rent is not owed because the LESAEE has ended or been terminated. 17. The parties agree that any charges for default, early termination, or cancellation of the LEASE, which results from actions taken by or on behalf of the LESSEE shall be the sole responsibility of the LESSEE. 18. In the event LESSEE dies, resigns, or is removed from office during the term of this LEASE, the Clerk of the HOUSE may, at his or her sole option, either (a) terminate this LEASE by giving thirty (30) days written notice to LESSOR, or (b} assume the obligation of the LEASE and continue to occupy the premises for a period not to exceed sixty (60) days following the election of the LESSEE'S successor. In the event the Clerk elects to terminate the LEASE, the commencement date of such thirty (30) day termination notice shall be the date such notice is delivered or, if mailed, the date on which such notice is postmarked. 19. Should any provision of this Attachment be inconsistent with any provision of the attached LEASE (or with any subsequent or additional amendments thereto), the provisions of this LEASE AGREEMENT - 15 District D(flce Lease Attachment (Page 3 of 3 -version 1.11) Attachment shall control, and those inconsistent provisions of the LEASE (or any subsequent or additional amendments thereto), shall have no force and effect to the extent of such inconsistency. 20. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 21. This- lease is entered into at fair market value as the result of a bona fide, arms-length, marketplace transaction. The LESSOR and LEAEE certify that the parties are not related nor have had, or continue to have, a business relationship (except as a landlord and tenant relationship). 22. The LESSEE certifies that the office space that is the subject of this lease is located within the district for which the LESSEE was elected to represent, ~4(`nci~l cle wr~+~~ C'~Olu r7~ Print Name (LESSORILand ord) ..,~ ,:~ 1 o~~~?~i~ ESSOR Signature ~f (Date) Walter C. Minnick, UmS. Congressman Print Name (LESSEE/Member of Congress) From the Member's Office, who should be contacted with questions? Name Phone (_~ e-mail @mail.house.gov This District Office Lease Attachment and the attached LEASE have been reviewed and are approved, Pursuant to Regulations of the Committee on Rouse Administration. Signed (Administrative Counsel) Date 20 Send completed form to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 20515. Copies may also be faxed to 202-225-6999 . LEASE AGREEMENT -16 (Da e)