HomeMy WebLinkAboutLease Agreement for St Lukes Medical CenterLEASE
This Lease is effective as of July 1, 1997, by and between ST. LUKE'S REGIONAL
MEDICAL CENTER, LTD., an Idaho nonprofit corporation, whose address is 190 East Bannock Street,
Boise, Idaho 83712 ("Landlord"), and the CITY OF MERIDIAN, a political subdivision in the State
of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642 ("Tenant").
RECITALS:
A. Landlord is the owner of certain real property within the confines of the city
limits of Tenant. The primary use of Landlord's property is for delivery of medical and hospital
services to the community, but not all of Landlord's property is needed for that purpose at the present
time.
B. Tenant has a shortage of recreational facilities for youth.
C. Landlord is willing to lease a portion of its land for recreation consistent with
Landlord's charitable mission.
AGREEMENT:
Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant
and Tenant hereby leases from Landlord that real property designated as "Recreation Fields Areas"
upon Exhibit A attached hereto (the "Leased Premises"), subject to the following terms and
conditions:
1. Leased Premises. The Leased Premises comprises approximately twenty (20)
acres of land owned by Landlord and adjacent to Landlord's medical facility located at 520 South
Eagle Road, Meridian, Idaho as depicted on Exhibit A attached. Landlord may from time to time
reduce the size of the Leased Premises so that Landlord can use the Leased Premises for Landlord's
mission in the community to provide additional medical facilities and services and ancillary services
and the facilities related thereto. Landlord will provide Tenant with advance written notice of the
amount of property needed to be removed from the provisions of this Lease at the same times for
term renewal, which will be no less than thirty (30) days advance written notice.
2. Term. This Lease shall commence July 1, 1997 and continue six (6) months
to December 31, 1997. Thereafter, the Lease shall automatically continue for a period of six (6)
months at a time until terminated by either party. This Lease may be terminated in whole or in part
by either party giving no less than thirty (30) days advance written notice prior to the commencement
of the next six (6) month term.
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3. Usage. The Leased Premises shall be used by Tenant for the primary purpose
and activity referred to in (f) below. Usage shall comply with state law, keeping the Leased Premises
tax exempt. Tenant shall make the Leased Premises available to all nonprofit organizations who
supply or provide recreation activities consistent with the current development of the fields, i.e.,
soccer, baseball, football. Tenant shall set standards for approval of users and scheduling. However,
the Leased Premises shall not be treated as a public park. All users must demonstrate that they have
adequate liability insurance and supervision acceptable to Tenant and shall provide Landlord, if
requested, with proof of such insurance satisfactory to Landlord before using the Leased Premises.
All insurance policies must list Landlord and Tenant as an additional insured. Tenant accepts the
responsibility of regulating the use of the Leased Premises by individuals and groups meeting the
requirements of this Agreement.
(a) Use Restrictions. At no time shall any alcohol, illegal drug, or any
other illegal substance be present, consumed, or available on the Leased Premises.
(b) Discrimination. There shall be no discrimination as to usage based
on race, color, creed, or gender in violation of the laws of the United States of America or the state
of Idaho.
(c) Closure.. Except for maintenance, Tenant shall manage the fields in
such a manner so that the longevity of usage of the fields and safety of users are paramount at all
times. Tenant is responsible for closure of the Leased Premises in the event the sports fields are
unsafe or their continued usage would destroy or damage the fields. For example, if fields are
extremely wet due to rain or snow, Tenant should restrict usage on the fields until such time as they
are adequately dry and can withstand use. In the event the Leased Premises are damaged by over-
usage or improper usage, Tenant will be responsible for making necessary repairs.
(d) Liability. All users must, if requested by Landlord, execute releases
and waivers of liability acceptable to Landlord.
(e) Landlord Usage. Landlord reserves the right from time to time and
upon at least ten (10) days advance written notice, to temporarily use the Leased Premises for
Landlord's purposes. These uses would be restricted to a temporary basis of not more than two (2)
days and not more than two (2) times a year. In the event Landlord uses the Leased Premises for
Landlord's use, Landlord will be responsible for repairing and restoring any damage done by
Landlord. Landlord shall not schedule the fields in a manner that would unreasonably interfere with
Tenant's use.
(f7 Activities. The Leased Premises shall be a youth recreation sports
complex. Tenant is to restrict usage primarily to youth activities. Tenant shall notify Landlord in
writing at least ten (10) days prior to any activity not involving youth (i.e., youth being defined as
anyone under 19 years of age).
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4. Intent. The intent of this Lease is to provide recreational facilities for the City
of Meridian and areas near the Leased Premises, but no group that meets the usage standards should
be unreasonably prohibited from usage. The parties shall enter into such further agreements or take
whatever steps are necessary to insure that the intent of this Lease is carried out to meet its intent.
5. Rules and Regulations. Landlord may, at its option, set certain rules and
regulations governing use of the Leased Premises. Prior to establishing the rules, Landlord shall give
Tenant at least thirty (30) days to review, comment on and request changes to the rules. These rules
and regulations may concern issues such as parking, field closure, access, or other matters reasonably
necessary for Landlord to ensure proper usage of the fields and to provide for prudent management
of Landlord's nearby medical facility. Tenant shall comply with such rules and regulations within
sixty (60) days after receipt by Tenant of notice by Landlord given to Tenant unless Landlord
declares an emergency to exist, at which time rules and regulations are effective upon twenty-four
(24) hours after notice is given to and received by Tenant. If Tenant objects to any rule, Tenant may
cancel this Lease within thirty (30) days without penalty.
6. Maintenance. Landlord will be responsible for watering, mowing and
fertilizing the Leased Premises pursuant to' Landlord's standards. Landlord will provide whatever
weed control Landlord deems appropriate and Landlord will continue to provide and pay for
irrigation fees and electricity for the irrigation pump. Landlord will keep the fields mowed
consistent with good practice and making the fields available for recreation activities. If the Tenant
wishes to make repairs or improve the Leased Premises, Tenant may do so at its sole cost and
expense, subject to Landlord's advanced written approval. Tenant is responsible for all other
maintenance, control and scheduling of the Leased Premises. Tenant will be responsible for
maintaining, changing and controlling all restroom facilities, trash receptacles and trash removal,
litter pick-up on the fields, enforcement of rules and regulations ,and city laws, and storage or
removal of temporary facilities such as portable goals. Any maintenance not expressly provided for
by Landlord shall be Tenant's responsibility. Landlord shall give Tenant ten (10) days written notice
as to what maintenance Landlord desires Tenant to perform which shall not be in conflict with this
Lease.
7. Parking. Tenant may use a portion of the Leased Premises for parking.
Landlord will provide reasonable ingress and egress to the Leased Premises. In addition, Landlord
may make a portion of its existing paved parking available at times and places set by Landlord, and
Tenant's use of paved parking shall not interfere with the operations of the medical facility.
However, it will be Tenant's responsibility to enforce parking requirements or regulations set by
Landlord.
8. Alterations. Tenant shall make no alterations to the Leased Premises without
the advance written consent of Landlord. Tenant may construct those temporary facilities that might
be necessary for recreation activities such as soccer goals or backstops. However, no permanent
structures and no facility shall be maintained on a permanent basis. Any equipment or facilities
including temporary ones must be approved in writing by Landlord in advance.
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(a) Maintenance Sheds. In the event Tenant desires to have sheds or
other shelter to house equipment, Tenant shall obtain Landlord's advance written consent as to the
location and type of sheds or other shelters desired. No shed may be placed on the property unless
approved in advance by Landlord, who may withhold its consent in its sole discretion.
(b) Restrooms. Tenant shall be responsible for installing, maintaining,
and locating adequate restrooms on the Leased Premises, which restrooms shall not be permanent
facilities. Tenant shall provide Landlord with a plan of location, control, and maintenance of
restrooms.
(c) Screening. Any maintenance sheds or restrooms located on the
Leased Premises shall be screened from public view in the manner acceptable to Landlord.
(d) Costs. All costs associated with alterations shall be at Tenant's sole
cost and expense.
9. Environmental. Landlord and Tenant shall not apply, store, use, or generate
any hazardous materials on the Leased Premises. Hazardous materials means any material that is
subject to regulation under state or federal law, Department of Transportation regulations, and found
to be harmful, toxic, or hazardous to human health and safety. Any painting of lines on the Leased
Premises shall be done by paint and not by use of Round-up or other substances that kill the grass.
10. Signage. Tenant may construct up to three (3) signs on the Leased Premises.
Tenant shall obtain Landlord's advance written consent to the signage and its placement on the
Leased Premises.
11. Rent. Tenant shall pay as rent the sum of One Dollar ($1) per term, due on
the 1st day of each term.
12. Insurance. At all times, Tenant shall maintain in place liability insurance
insuring Tenant and Landlord against any claim for bodily injury or property damage on or about the
Leased Premises. Tenant shall provide the insurance policy to Landlord for review and approval.
The amount of coverage initially shall be not less than Five Hundred Thousand Dollars ($500,000)
per occurrence or such greater amount as may be required of municipalities by Idaho law.
13. Condition of Leased Premises. Landlord makes no representations, implied
or warranted, as to the condition of the Leased Premises. Tenant accepts the Leased Premises "AS
IS." Tenant shall insure that the Leased Premises are in a safe condition for users. Tenant shall
inform Landlord of any maintenance to be done by Landlord that, in Tenant's opinion, needs to be
done to correct and/or remedy an unsafe area or facility. Further, Tenant shall devise such traffic
plans and take such other steps as may be reasonably necessary to insure the safety of participants
to and from the Leased Premises through Landlord's property.
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14. Contact Person. Both Landlord and Tenant shall designate a contact person
to deal with all issu relating to this Lease. The contact person znay be changed from time to time,
or overridden by th Executive Staff or Board of Directors of Landlord, or City Council of Tenant.
However, it is irate ded that ell ci mmunications shall be made to the contact person designated.
15. Default. In the event Landlord or Tenant default under any of its obligations
hereunder, the non efaulting party shall send a written notice of default to the defaulting parry
specifying the even of default. If the default is not cured within thirty (30) days, the nondefaulting
parry can either to to the Lease, sue for specific performance, or incur whatever costs are
necessary to cure a default and bring an action against the other party for damages. In the event
any legal procee ' is instituted to enforce the terms of the Lease or recover damages caused by the
defaulting party, th noadefaulting party shall be awarded attorney's fees and casts.
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16. Notices. All notices shall be delivered to the pazties at the above-referenced
address, with copie to the contact person in each case. In the case of Landlord, the original copy
should be delivere to the Executive Vice President, and in the case of Tenant, to the City Clerk.
Notices shall bed ed given when personally received by hand delivery or seventy-two (72}hours
after having been p aced in the United States Mail, postage prepaid, by certified mail return receipt
requested. The ad ess may chaige from time to time by giving notice of change in address to the
other parry.
17. Authority. By entering into this Lease, Tenant warrants and represents that
it has received all r quisite approvals and passed all required ordinances and taken all such action
as may be required y law to enter into this Lease and bind the City of Meridian. Landlord warrants
that it has all requi ire approval and authority to enter into this Lease and bind Landlord.
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I8. Landlord Liability. By entering into this Lease, Landlord shall have no
liability to Tenant users of the Leased Premises unless such claim arises out of Landlord's willful
misconduct or fail to act after notice is received. If a claim is made against Landlord by any third
party arising out of the use of the Leased Premises, Tenant shall provide a defense for Landlord at
Tenant's cost wi counsel (from Tenant's insuxer's approved counsel list in Idaho) reasonably
acceptable to Land ord from any and all claims unless such claims arise out of Landlord's willful
misconduct or fail a to act after notice is received.
19. Recording. This Lease shall not be recorded.
20. Binding Effect. This Lease binds the parties hereto, their heirs, successors,
and assigns. This ,ease is governed by the laws of the State of Idaho.
Z1. Entire Agreement. This Lease comprises the entire agreement between the
parties with respec to the lease of the Lensed Premises. This Lease may not be modified except in
writing signed by oth parties.
08299E 0840 I ~ae3~s_~
IN WITNESS WHEREOF, the parties have executed this agreement effective the year
and day first above written.
ATTEST:
Secretary
ATTEST:
City Clerk
LANDLORD:
ST. LUKE'S REGION
MEDICAL CENTER, LTD.
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TENANT:
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Approved by the CityCouncil Auc~{i~3~ir+~+9+C'~i, 1997
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x$2297 ~9~~ 106356 1
CITY OF MERIDIAN
STATE OF IDAHO )
:ss
County of Ada )
On this ~ day of July, 1997, before me, the undersigned, personally appeared
'~ u known or identified to me to be the ~~,(~~~~ UP
of ST. LU E'S REGIONAL MEDICAL CENTER, LTD., the nonprofit corporation that executed the
instrument or the person who executed the instrument on behalf of said corporation, and
acknowledged to me that such corporation 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.
STATE OF IDAHO )
ss.
County of Ada )
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NOTARYPUB~RI
Residing at
My Commission Expires /'/~S "a~~
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On this ~ ~~ day of.y, 1997, before me, the undersigned, personally appeared
~o b e r ~ ~ • ~ e known or identified to me to be the I-~ a, d,.
of CITY OF MERIDIAN, the political subdivision in the State of Idaho that executed he instrument
or the person who executed the instrument on behalf of said political subdivision, and acknowledged
to me that such political subdivision 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.
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EXHIBIT A
DESCRIPTION OF REAL PROPERTY
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