HomeMy WebLinkAboutLease Agreement with Autumn Faire Sub for Future City Well No 25r t,
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THIS AGREEMENT is made and entered into this ~~ day of ~, 2001,
by and between GEMSTAR PROPERTIES, LLC, as individuals, hereinafter referred to as the
"Lessor," and THE CITY OF MERIDIAN, IDAHO, hereinafter referred to as the "Lessee."
WITNESSETH
That the said Lessor, for and in consideration of the rents, covenants and
agreements hereinafter mentioned on the part and behalf of the said Lessee to be paid, kept and
performed, does by these presents grant, demise and lease unto the said Lessee, and the said
Lessee does by these presents hire, rent and take from the said Lessor, that certain real property
located on the following described real property, to wit:
See Exhibit "A: attached hereto and, by this reference, incorporated
herein as if set forth in full.
TO HAVE AND TO HOLD said premises, together with the appurtenances,
privileges, rights and easements thereto belonging, unto the said Lessee for the term (10) years,
said term to commence on April 1, 2001, and terminate on April 30, 2010 for the rental and upon
the terms and conditions as follows:
1. RENTAL: Lessee covenants and agrees to pay annual rent for said premises
in the sum of ten dollars ($10.00) per year, payable on April 1 of each year commencing April 1,
2001.
2. USE OF PREMISES: lessee covenants and agrees that the leased premises
shall be used for a water well site, including pumping station and the construction thereof, and
shall not be used for any other purpose or purposes without the prior written consent of Lessor.
3. MAINTENANCE: The leased real property is bare ground. Lessee agrees to
maintain the real property in as good condition as the same is in at the time Lessee shall take
possession of the property, reasonable wear, tear, and damage by the elements excepted and at
the termination of this Lease in any manner, Lessee shall surrender said premises to Lessor in
such condition.
4. ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make
alterations and improvements to the real property by the construction of a municipal water well
thereon and the addition of such other improvements consistent with municipal purposes. Lessee
shall maintain all such alterations and improvement made by Lessee. Upon the termination of this
Lease, such improvements as shall have been added or made by Lessee shall not. revert to the
Lessor, and shall not become a part of the real property so leased herein.
5. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state
and federal laws, rules, regulations and ordinances and to do all things necessary to stay in
compliance with the same.
6. UTILITIES: It is expressly agreed that during the full term of this Lease,
Lessee shall furnish and promptly pay for any utilities required for the real property and
improvements at Lessee's own cost and expense.
7. TAXES AND ASSESSMENTS: Lessee shall pay all real estate taxes and
assessments of any kind levied against the above demised premises during the term of this-Lease
and any extension thereof promptly as the same become due.
8. ASSGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor
sublet to any other lessee the said leased premises or any portion thereof, without the written
consent first obtained of Lessor; provided, however, such consent shall not be unreasonably
withheld by Lessor.
9. LABOR CONTRACTS AND EMPLOYEES: The parties expressly covenant
and agree that all labor contracts and employment agreements with employees providing services
to or construction upon the real property shall be made directly with Lessee and that all such
employees shall be deemed solely the employees of Lessee and in no way employees of Lessor.
Lessee covenants and agrees to indemnify and hold harmless Lessor of and from any liability for
any acts of employes of Lessee or any acts of persons working for Lessee under a labor contract.
10. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the
premises hereby leased nor permit any waste or damage to be done thereto.
11. LIBILITY: Lessor shall not be liable for any injury or damage which may be
sustained by any person or property of the Lessee or any other person or persons resulting from
the condition of said premises or any part thereof, or from the street or subsurface, or from any
other source or cause whatsoever, nor shall the Lessor be liable for any defect in the structures on
said demised premises, latent or otherwise, and Lessee agrees to indemnify and hold harmless
Lessor from such liability.
12. LIABILITY INSURANCE: Lessee shall maintain a comprehensive liability
insurance policy covering the above-demised premises during the term of this Lease with a
responsible insurance company, all at the sole cost and expense of Lessee, in the names and for
the benefit of Lessee and Lessor in the sum of $500,000.00 single-limit coverage.
13. FIRE AND EXTENDED COVERAGE INSURANCE:, At Lessee's option,
Lessee may maintain fire and extended coverage on the improvements to the real property placed
thereon. by Lessee and Lessor shall be under no obligation to maintain any fire or extended
coverage insurance thereon.
14. CONDEMNATION: If the entire premises, or a substantial part thereof, are
condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time
possession is taken.
15. LESSOR'S RESTRICTIONS: Lessor further covenants and agrees that it will
not construct, or allow to be constructed, any subsurface waste water or stormwater disposal
facilities within 125 feet of the boundaries of the leased premises.
16. OPTION TO RENEW: Lessee, at Lessee's option, may renew this lease for
nine (9) separate ten (10) year periods, upon the same terms and conditions set forth herein, by
giving written notice of intent to renew to Landlord not later than 30 days before the end of the
original lease period or any subsequent renewal thereof.
17. DEFAULT AND FORFEITURE: Time and the strict and faithful performance
of each and every one of the conditions of this Agreement are expressly made the essence of this
Agreement. If default be made by the Lessee in payment of any part of Lessee's rent when the
same shall become due, or default be made by the Lessee in keeping, performing or observing
any of the covenants and agreements herein contained and such default shall remain so for a
period of thirty (30) days after written notice shall have been sent by certified or registered mail to
Lessee as hereinafter provided, then in such event the Lessor may, at Lessor's election, either in
law or equity, seek specific performance of this Agreement or may declare said term and Lease
forfeited and ended and re-enter said demised premises again to repossess and enjoy the same
as in their first estate, and the effect of such default shall in itself, at the election of Lessor, without
further notice or demand constitute a forfeiture and termination of this Lease, and if thereafter the
Lessee shall fail to surrender possession of the demised premises to Lessor, the Lessee shall be
deemed guilty of an unlawful and forcible detention of said premises. If Lessee shall abandon or
vacate said premises, or if this Lease be terminated for breach of any of the covenants and
agreements herein contained, Lessee hereby agrees to pay all reasonable expenses incurred by
Lessor in obtaining possession of said premises from Lessee, including reasonable legal expenses
and attorney's fees, and to pay such other expenses as the Lessor may incur in putting the
premises in good order and condition as herein provided, and also to pay all other reasonable and
necessary expenses or commissions paid by Lessor in re-leasing the premises. In the event of
notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in
that event Lessee shall pay, in addition to all arrearages as existing under the notice of default, the
reasonable attorneys fees incurred by Lessor in determination of the default and the notification to
the defaulting Lessee.
18. HAZARDOUS SUBSTANCES -LESSOR: Lessor represents and warrants
that there has been no release of hazardous substances on the property as defined by applicable
Federal or State laws and regulations and holds Lessee harmless from any violation alleged to
have occurred prior to Lessee's taking possession of the property. This covenant shall survive the
closing of this transaction. Lessee represents and warrants that the premises will never be used
for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
hazardous substances as those terms are. defined by applicable Federal or State laws and
regulations. Lessee agrees to indemnify and hold harmless Lessor against any and all claims and
losses resulting from a breach of this provision of this agreement. This obligation to indemnify
shall survive the payment of the indebtedness and the satisfaction of this agreement.
19. ATTORNEY'S FEES: In the event an action is brought to enforce any of the
terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the
parties hereto, the successful party to such action or collection shall be entitled to recover from the
losing party a reasonable attorney's fee, together with such other costs as may be authorized by
law.
20. NOTICES: All notices required to be given to each of the parties hereto under
the terms of this Agreement shall be given by depositing a copy of such notice in the United States
mail, postage prepaid and registered or certified, return receipt requested, to the respective parties
hereto at the following address:
Lessors: Gemstar Properties
228 E Plaza, Suite G
Eagle, ID 83616
Lessee City of Meridian
33 E. Idaho
Meridian, ID 83642
or to such other address as may be designated by writing delivered to the other party. All notices
given by certified mail shall be deemed completed as of the date of mailing except as other wise
expressly provided herein.
21. REPRESENTATIONS: It is understood and agreed by and between the
parties hereto that there are no verbal promises, implied promises, agreements, stipulations,
representations or warranties of any character excepting those set forth in this Agreement.
22. BINDING EFFECT: The provision and stipulations hereof shall inure to the
benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the
respective parties hereto.
23. SITUS: This Lease is established and accepted by the Lessee under the laws
of the State of Idaho, and all questions concerning its validity, construction and administration shall
be determined under such laws.
24. HEADINGS: The bolded paragraph headings are for convenience only and
are not a part of this Lease agreement and shall not be used in interpreting or construing this
Lease agreement.
25. SEVERABILITY: If any portion or portions of this Lease shall be, for any
reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid,
enforceable and carried into effect, unless to do so would clearly violate the present legal and valid
intentions of the, parties hereto.
IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Agreement
the day and year first above written.
BY:
G mstar roperties, LC
"Lessor"
CITY RIDIAN, IDAHO
By:
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Attest:
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STATE OF IDAHO,
County of Ada,
ss.
On this ~ ~~ day of ,~~l.~rt-~ 2001, before me,
the undersigned, a Notary Public in and for said State, personally appeared
~}fiQVP~ ~ • ~f,~-~Y~rl,~.~' ,known or identified to me to be the person who executed
the instrument, and acknowledged to me having executed the same.
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STATE OF IDAHO,
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O ARY PUBLIC OF AHO
IDING AT: Qc
MY COMMISSION EX IR S: '"~ -O
On this ~~ day of J c~ ~y 2001, before me,
the undersigned, a Notary Public in and for said State, personally ppeared Robert D. Corrie and
William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho,
and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
~.•• 1CE L. S •••.
(SEAL) ~~~••~~•~ ~~'••~f •~~.
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COMMISSION E CPIRES: o 0
JllN: =19' OI (TUE) 0858 EARL&:ASSOCIATES: ~ ~ TEL~4540919 P. 002
~+ ARI. & ASSOCIATES, INC.
SURVEYORS, ENGINEERS & PLANNERS
314 l3ADI0I.A $TRiST
CAI.DWELL, IDAHO 83605
TeLEPHONE: (208) 454-0256
FAX: (208) 454-0979
Email: rgray@earlandaacoc.com
FOR: Gemstar Properties
JOB NO.: AU0800
DATE: June 18, 2001
TEMPORARY EASEMENT DESCRIPTION
A parcel of land for a temporary City of Meridian Municipal Well easement located in a part of
Government Lot 1 of Section 4, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada
County Idaho, more particularly described as follows:
Commencing at the NE corner of said Government Lot 1, (Section comer common to sections 3, 4,
33 and 34), said comer monumented with a 3 inch diameter brass disk;
Thence N. 89° 18' 37" W., a distance of 290.40 feet along the north boundary of said Government
Lot 1 and along the centerline of Ustick Road to a point;
Thence S. 0° 38' 21" W., a distance of 48.00 feet pazallel with the east boundary of said
Govcrrlrnent Lot 1 to a point on the proposed right of way of said Ustick Road, said point being the
POINT OF BEGINNING of said temporary easement;
Thence continuing S. 0° 38' 21" W., a distance of 112.00 feet parallel with the east boundary of
said Government Lot 1 to a point;
Thence N. 89° 18' 37" W., a distance of 120.00 feet pazallel with the north boundary of said
Government Lot 1 to a point;
Thence N. 0° 38' 21" E., a distance of 112.00 feet parallel with the east boundary of said
Government Lot 1 to a point on the proposed right of way of said Ustick Road;
Thence S. 89° 18' 37" E., a distance of 120.00 feet along the proposed right of way of said Ustick
Road and parallel with the north boundary of said Government Lot 1 to the POINT OF
BEGINNING of said temporary easement.
Sec attached Exhibit "A".
Also, this parcel is subject to all easements and rights-of--way of record or implied.
J1.1N. -~19' O1 ITUE) 08:58 EARL:&:ASSOCIATES:: ~ TEL:4540979 P. 003
EXHIBIT A
TEMPORARY EASEMENT
CITY OF MERIDIAN MUNICIPAL WELL
A PART OF GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
USTICK ROAD
Sec. 33
Sec
34
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