HomeMy WebLinkAboutAgreement of Lease Cherry Lane Recreation 11-03-1978LEASE 11GRL•'T'!•;E1dT
.. .
This Lease m de this ~'~~~ '
r d .'~ d a x o f ' ~ << <: mot,
.... . .
19 /~, by and bet~accri• ; - -` W]~itc _Riedel & Com~a_n~' ~..' ' ' - ~ ~ •
_-----•- ----- - - - - - --- -- .. hereinafter
designated as le;;:;or,, and Cl~err 7,ane_ Re~c'reation',~ ~Incornbrated
--- --__. Y___ - -- _ _
r. _-.-.- ______ __-- _-_____,________-_---__ hereinafter designated as
lessee,
l~l z T N E S S E T H ~
1- The Lessor, in consideration of the rent reserved herej.n
to be paid by said lessee and of the other covenantsr agreements
and conditions l~er.einafter contained to be kept, performed and '
observed by said lessee, does hereby let a.nd lease unto said lessee
those certain premises located on lot ~ Block"-.
_~r __T, Cherry Line
Village Subdivision for the purpose of operating a golf shop d.nd
club house, and for no other purpose, for the term beginning on
'~ .:
the /S -,~ -- day of _ /1.:~ ~ -c ..-~- Y,,` l
_ - --- _. 9_ 7~ and
ending on the ~~1~'~ ---- day of ~ ;=~~ ;s..-C-~~~..~. ~ 19;S.U ~~ '
2. The lessee, in consideration of the demise and of the
covenants and agreements made herein by said lessor, leases said
premises for paid i-~>rm and does hereby promise to pay to said
lessor, his repre~c>ntatives and assigns as rental for said
promises the sum of •Ei~c}~tl,-four hundred and no/100ths •~•-
($8400.00)__ - _ dollars in lawful money of the United States,
payable as follows:(1)an initial payment 'of $350.00 which payment
s]~all be applied toward the last month's payment due hereunder;
(2) the remainder pa}•able in equal monthly instalments of $350.00
per month due on or before the 1st of" each and every month of
occupancy; (3) said pa~~nents to commence /l,,`i~f„~!:•, /S 1978
and to continue likewise for 23 succeeding month's or until otherwise
terminated as prrn•ided herein.
LEASE ~GREEAIENT, I`•,yc 1
3. A,ddi,tions a.nd Alterations. That the Lessee will make
no alterations, i,n q~' add,i,ti.ons qr i.mproyements ip or xepai.z said
premises without in edch`ca,se the written consent of the Lessor
first had and obtained. The Lessee shall in making a,ny such
alterations, additions, or improvements a.nd/or in using and/off
` occupying the premises, comply with the Building Code and prdinances
of Ada County and all the laws of the State of Idaho pertaini,n9
~o such work and/or such use or occupancy /
9. It being further covenanted and agreed that any additions
or improvements made by the Lessee (speci.~ically to include any
and all drapes or draperies therein installed shall become and
remain a part of the building and be and remain the property
of the Lessor upon the termination of this Lease.
5. The Lessee will save, indemnify and ]gold harmless the
Lessor from and against all expenses, liens, claims, ox damages
to either property or person which may arise by reason of any
such repairs, alterations, improvements, or additions.
6. Lessor does hereby reserve the right to the use o~ that
portion of the premises known as the. garage area fpr the purpose
of conducting sales of real property therefrom, and to use said
garage area as a sales office.
7. The lessee accepts said premises in their present condition
and agrees to keep said premises in a good clean condition; to
make no alterations or additions to the same; to commit no waste
thereon to obey all laws and ordinanceg a~~ecting said pr=7ilises;
to replace all glass broken or cracked; to 'repay the lessor the
cost~of all repairs made necessary by the negligent or careless
use of said premises; and, to surrender the premises at the ter-
mination hereof in like condition as when taken, reasonable wear
and damage by the elements excepted.
LEASE AGREEMENT, Page 2
... ..
• 8. It i_s understood that if the lessee shall be un:~ble to
enL•er into and occupy the premises lea:>ed at the time above pro-
vided by reason of said premises not being ready for occupancy, or
by reason of the holding over of any previous occupant of said
premises, or as a result of any cause or reason beyond the direct
control of the lessor, the lessor shall not be liable in damages
to the lessee therefor but during tl~e period the .lessee shall be
unable to occupy said premises as hereinbefore provided the rental
therefor shall be abated. If said lessor is not able to deliver
possession to said lessee within ~ 2 ' _ days of the
date named for the commencement of said term, t}Ze lessee may cancel
and terminate this lease.
9. The lessee shall furnish heat during the usual heating
season, electric current for lighting and operation of any
equipment installed therein, any gas for cooking, and any hot and
cold water as shall be required and lessor shall not be liable foZ
failure to furnish any of the above named services from any cause
whatsoever, nor shall failure so to do be grounds for eviction pro-
vided lessor exercises reasonable diligence to remedy any such
failure as is caused by lessors construction of said premises.
10. In case of partial destruction or injury to said premises
by fire, the elements or other casualty, the lessor shall repair
the same with reasonable dispatch after notice to him of such
destruction or injury. In the event said premises are rendered
totally untenantable by fire, the elements or other casualty, or
in the event the building of which the demised premises are a part
(though the demised premises may not be effected) be so injured
or destroyed that the lessor shall decide within a reasonable time
not to rebuild, the term hereby granted shall cease and the rent
shall be paid up to the date of such injury or.damage.
LEASE AGREEtiENT, Page 3
11. The lessor, his agent, janitor, watchman and employees
may enter said premises at any time with pass key or otherwise to
examine same or to make needed repairs to said premises and if the
premises consist of only a part of a structure owned or controlled
by the lessor, the lessor, his agent, janitor or watchman or em-
ployees may enter the demised premises at reasonable times to install
or repair pipes, wires and other appliances deemed by the lessor
essential to the use and occupation of other parts of the building,
f
12. The lessee further covenants that he will not allow anyone
to share said premises, keep roomers or boarders, nor assign,
sublet or transfer said premises or any part thereof without 'the
lessors consent endorsed in writing hereon; also, that the written
assent hereon to one assignment or transfer of this lease~or sub-
letting shall not be considered as a waiver of•this covenant by
the lessor to any subsequent assignment, transfer or subletting,
nor shall such written assent to any assignment or transfers re-
lease said lessee from liability hereunder.
13. It is agreed by and between the lessor and the lessee
that if the whole or any part of said premises hereby leased shall
be taken by any competent autho~~,ty for any public or quasi:-public
use or purpose, then and in that event, the term of this lease
shall cease and terminate from the date when the possession
of the part so taken shall be required for such use or purpose.
All damages awarded for such taking shall belong to and be the
property of the lessor.
14. The lessee covenants that the lessor shall not be liable
for any damage or injury of the lessee, the lessee's agents or
employees or to any person entering the premises or the building of
which the demised premises are a part,,or to goods or chattels therein
resulting from any defect in the structure or its equipment, or
in the structure or equipment of the structure of which the demised
premises are a part, and, further to indemnify and save the lessor
harmless from all claims of every kind and nature.
LEASE AGREEMENT, Page 4
• .
15; Tl~e lessee covenants that in event o~ a partial eviction
occasioned by act or neglect o:~ the lessor that does not mateXially
affect the beneficial use by the lessee, the obligation~to pay ,rent
shall not abate but possession shall be restored or the xental
reduced proportionately at the option of the lessor..•
16. All payments of rents shall be made at the office of
white-Riedel & Comp,3ny agents for the lessor, or at such other
place as the lessor may designate in writing. ~
17. The lessee covenants and agrees that any rules and reg-
ulations attached ]iereto, or as such shall hereafter be adopted
by tl~e lessor and made known to lessee, shall have the same force
and effect as covenants of said lease, and the lessee covenants that
he, his family and guests will observe all such rules and regularion:
18. Lessee further covenants and agrees that upon the expirA-
tion of said term, or upon the termination of the lease for any
cause, he will at once peacefully surrender and deliver up the whole
of the above described premises together with all improvements
thereon to the lessor, his agents and assigns.
19. The lessee covenants that his occupancy of the said premise
beyond the term of this lease shall not be deemed as a renewal of
this lease for the whole term pr any part thereof, but that the
acceptance by the lessor of rent accruing after the expiration of
this lease shall be considered as a renewal of this lease for one
month only and for successive periods of one month only;
20. The lessor may encumber the premises by mortgage or mort-
gages, securing such sum or Sums and upon such terms and conditions
as the lessor may desize, and any such mortgage or mortgages so
given shall be a first lien on the land and buildings superior to
the rights of the lessee herein.
LEASE AGREEMENT, Page 5
. , ~ ~ :. `mil
21. $a,i.d l.e.sspr covenants that said lessee pn' payment of all
of the afoxesdi.d installments and performing a•11 the 'covenants and
observing all the 7rules and regulations shall and may peacefully
and yuietly have, hold and enjoy the said demised premises fox tiie
term aforesaid.. ,
22. Provided that in case any rent shall be due and unpaid
or if default shall be made in any of the coVena.nts herein cones
tamed, or i£ said premises shall be aba.ndpned~ deserted for ~vacated~
then it shall be lawful for the •s aid lessors hi$ agents, a,ttgrneys,
successors or assigns to 're-enter, ,repossess the said premises
and the lessee and each. and every occupant to remove and put put,
and upon re-entry as aforesaid this lease shall terminate In
the event or reentry by the lessor as herein provided lessee shall
be liable in damages to said lessor for a•11 loss sustained, '
23. It is understood and agreed that the terms lessor and
lessee shall include the executors, a.dministrators,• successors,
heirs and assigns of the parties hereto.
IN WITtJES$ LvHEREOF, the lessor and the lessee have executed
these presents, the day and year first above w7ritten.
~Jitness As To Lessor
CI r~r__~ ) 1' '
-~
Witness AS To Lessee
i ~ _.
a 1'~ ,:~ir.~f i..y.
C -(~ ~ ~
h
LEASE AGREEMENT, Page 6
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J MI:M„ ~
IiAMIiIJM UI•' 1,1'A:if;
9 'l'ltis Munu,~ .~iulum cal u,: C~il,ci. .
~~_.., 1 970, is entered .;,! .,,
6 iht.o Letwel:n the harti~::: lc,r lhu {~urlx,se af. c :"~
thal• a lease Iras been l:);,•l:uted I,ul'wi:en L•hc ,.~rtiey {public notica:..~~;'
7 1 in accordance `~`'~
with the ycneral~provis.iuns below.
8
y 1• .Parties. Thu City of Mericliii,t, a uwnicipal
!0
corporation, as Lessor and l:her'ry bane ftecr~:nli.on, lnr.., an
Idaho corporation, as J,e:;:;ce.
11
• •~ 12 2• Term. '1'wt•rrty-fivi: (2~ ~
~). ya,rrs will an oPCion to~
l3
' renew for thirty (30) yl::trs and suci;ussive ulttiunr;jufotiated ~
' ten (10) ~.
' years beginning October 3, 1978.
' 14 '
•15 3• Property~Aflected.
------~_ Part oL ;;ect.iort 3, Township
16 3 North, Rartye 1 {,test Boise Meridian in Ada Count
17
more particularly described on a deed from Nu Pacif.ic:~Com,~as is
an Oregon corporation, to the p711,,
' 18 City of Meridian, Idaho, a '
i ,~ ..
:• 19 municipal corporation, recorded in the records oP Ada County,
2U Idaho as Instrument No.
21 Q• Consideration.. For good and valuaLle consideration. •
22 CIT MERIDIAN
23 .
• ., •. - ~ May r
.r :h"' ?~•~-City Clerk
•! ~ai*:y? ',;:~;r.A:.°• •• CIIERRY LANE RI:C(tI;ATION, 1N
~: !:' .n'...'~'ri' C.
:S ~,w~,T,.' ~•kt"r;R~j,t~',~rte.. , President "" •.
• ~ t.,, sr ~ J !~~" .
(,~ 14~q •}{ •C •.'%x.1'12.
;,1~„T`," ,. :.;MEMORANDUM OF LEASE
. p•~~ 'r Vi'i',;
I A r. ~1' ,' 1 '
• •f u~{NOCK• a ~,,., :~'!_: ..
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,1 1 ryr:Flwd'~V:~. sj'y. erN 'µ~ , ..
dd 'I h
•: ,
s'rnT>;: of I onllo ) •
ss. '
County of nda )
~ On this ~_ day of Oc,tober,' 197p, before me, the
undersigned, a Notary Public in and for said State, personally
appeared mph /~• s'~o r s
known to me to be >~he Mayor of;the~City of Meridian,, Idaho, and
known to me to be the persons whose name is subscribed to the
with}n instrument,•and acknowledged to me that he executed t}ie
same o~ behalf of•the City of Meridian.
IN WITNESS W111rREOF, I have l~ereunt-o set my hand and
affixed my official seal the day and year in this certificate
first above writtep,
•
c
N -ary P lic in and or Idaho
Residing at -Seri-~r_, Idaho
STn'~`E OF Ipn110 ) . .
ss.
County of Ada ). /~
• On this ~~- daX of October, 1978, before me, the
undersigned, a Nota y Public in and for said State, personally
appeared j>bip¢r,~,q~,}y,y~ known to me to be the President of
Cherry Lane Recreation, Inc., whose name is subscribed to the
within instrument, and acknowledged to me that !~e executed the
same on behalf of Cherry Lane Recreation, Inc.
IN. N7I7'NCSS WI1L•'RL•'UF, I have hereunto set, my hand and
affixed n-y official seal the day and year in this certificate
firsk.~k?ove written.
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;:~ ;.;~"t~ ~~, ~r,. lVo ary Pu is in an~ Idaho
,i,h ..~ri•~~i ir1 E~ ~~. lies idin n
„~.; `,4 l •: g t-~~, Idaho
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NGMORANDUM OF LCAS!;
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