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HomeMy WebLinkAboutLease Agreement Masonic Temple HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACKNIEMANN,CItyCler« CITY OF MERIDIAN JANICE GASS, Treasurer BRUCE D. STUART, Weter Works Supt. 33 EAST IDAHO WAYNE G. CROOKSTON, JR., Attorney EARL WARD, weals water supt. MERIDIAN, IDAHO 83642 KENNY BOWERS, Fire Chief BILL GORDON, Police Chief Phone 888433 GARY SMITH, Clty Engineer GRANT P. KINGSFORD Mayor Decsnber 14, 1989 Mr. Don Fisher P.O. Box 15 -- Eagle, Idaho 83616 Dear Don, COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX VERRINGTON Chairman Zonlnp b Plannlnp JIM JOHNSON >~closed is the Lease Agreexctient which was approved by the Meridian City Council at the meeting held on Decenber 5, 1989. If this Agreement meets with the approval of the Masonic 'Ile Association of Meridian, please have the necessary signature affixed and return the orginal of the Agreement to the City of Meridian. Sincerely, pc; rile Ron Tolsma LEASE AND OPTION AGREEMENT This Indenture of Lease, made and entered into this day- of _ _ 1989,. by and between- Masonic Temp~-e Association oi` Meridian, Idaho, an Idaho corporation, -Party of the First -Part, hereinafter called Lessor, and the City of Meridian, Ada County, Idaho, a municipal corporation, Party of the Second Part, hereinafter called Lessee, W I T N E S S E T H:-- That the said Lessor, for and in consideration of the rents, covenants and agreements hereinafter contained to be-kept and performed on the part of the Lessee, does by these presents demise and lease to the Lessee the following-described real property situated in Ada County, Idaho: All that portion North and East of the present Masonic Temple constructed on Lots 1, 2, 3 4 and 9 of Block 7, original Townsite of Meridian, according to the amended plat thereof filed in Book. 1 of Plats at Page 30, Records of Ada County, Idaho. Under the following terms and conditions, to-wit: 1. The term of this lease shall commence on the day in the year above written, and shal 1 run for a period o~ five ( 5 ) years therefrom. 2. It is agreed that the property herein leased is to be used by the Lessee for public off-street parking of motor vehicles during the hours of 6:00 a.m. to 6:30 p.m. of everyday of the week during the term hereof. 3. It is agreed that during the term of this Lease the Lessor shall have the right to use the leased premises for any and all hours other than as allowed for Lessee's use stated above in Paragraph 2, which hours the Lessor may use the leased premises for parking connected with the business and activities of the Lessor. AMBROSE, FITZGERALD b CgpOKSTON Attomsya end CounNlOrs P.O. Box 427 MerW Wi, ld~ho !3642 Telephone 8681461 4. For consideration and as payment for the use of the above-described leased premises Lessee agrees to do the following: a. Place a sign on the leased-premises at all entrances informing the public that the use of this parking area is a joint effort of the City of Meridian and the Masonic Temple Association and that the parking is public from 6:00 a.m, to 6:30 p.m. and that after said hours, the parking is not public and is only for the use of the Masonic Temple Association and that after 6:30 p.m, any and all vehicles left on the premises may be towed away by the City of Meridian upon request to do so by the Masonic Temple Association. b. That the City of Meridian shall carry. and-pay for liability insurance on the leased premises-and shall hold the Lessor harmless and indemnify -the Lessor from any and all claims, causes of act-ion, and lawsuits pertaining to any and all liability that may arise out of the use of the leased premises for all periods in which the Lessee -has. the constructive possession of the leased premises which would be from 6:.30 a.m. to 6:30 p.m. each and every day of .the week during the term of the lease. c. That the Lessee shall .provide all snow removal from the leased premises. AMBROSE, FITZGERALD rtCROOKSTON Ariomaya and Counaabrs P.O. Box 427 Msrldlan, Idaho 63842 Takpana 860.4481 5. That Lessor agrees to maintain the parking- lot and keep it in a good state of repair during the entire term of this lease at its own expense. 6. The Lessee agrees to construct suitable barricades at all points adjacent to the Masonic Temple building so as to prevent vehicles from running into said building or in any way damaging the same. 7. It is further and specifically agreed t-hat the Lessee will hold the Lessor harmless against any and all liability whatsoever rising out of the Lessee's operation of said parking lot during the term of this lease and the hours of Lessee's constructive possession of the premises. 8. It is further agreed -that the Lessor or the Lessee reserves the right to terminate this lease at any time after giving the of-her party thirty (30) days written notice of intention thereof to terminate this lease. OPTION In consideration of the covenants contained in the above lease, and on the condition that the Lessee is not in default of the above Lease, Lessor. hereby grants to Lessee the option to extend the above Lease for a term of one additional five year period after the above. -lease-term expires. It is agreed that Notice of Exercise of Option shall be expiration of the above Lease, in writing, an mailed by certified mail or delivered personally to Lessor. LESSEE CITY OF MERIDIAN AYOR RANT P. ORD _ _. _~. _ PRESIDENT SECRETARY AMBROSE, FITZGERALD b CROOKSTON Atlomaya and Counsslon P.O. Box 127 MarWlan, Idala 83612 Telephone 888161 .LESSOR MASONIC TEMPLE ASSOCIATION STATE OF IDAHO ) SS. County of Ada ) AMBROSE, FITZGERALD d CROOICSTON Atlansy~ end CounsNOrs P.O. Bar 127 MerWlan, W~fq E.7b~2 TNephons~81 On this ~J day of ~~ ~ r ,-1989, before me, ~~ c~n,ba , the undersign"ed, a Notary~u'6Tic -in a~ for said State, personally appeared GRANT P. KINGSFORD and JACK NIEMANN, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, respectively, and acknowledged to me that they executed the above and foregoing document in their respective capacities on behalf of the City of Meridian, Idaho. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my; official seal the day and the year in this certificate first above written. ~~~~.~~~~~~~~~,,,~~ .~`~ `l ~ ' SM ~'; .~ Q~ ,......,~ ~ j. Q- f,~s ~ y ~~,oT ~ Rye _ . :* iAUe~~G * Notary Public for Idaho ~,,~1~~ 0`~ Residence:. M~ ~ Idaho ~''~jE„OF, ~~~~'~~ STATE OF IDAHO County of Ada SS. On this day of 1989, before me, the undersigned, a Notary Pub is in an for said State, personally appeared and nown o me to a the Presi ent and °e ~~ r y- d e r ~~~•a#^t e- °~Ma~s o n i ~ T etn~p 1 e A s s o c i a t i o n o f Meridian , Idaho an Idaho corporation, respectively, and acknowledged to me that they executed the above and foregoing document in t-heir respective capacities on .behalf of the Masonic -Temple Association of Meridian, Idaho, and Idaho corporation. IN WITNESS WHEREOF, I have hereunto set my hand-and affixed my official seal the day and the year in this certificate first above written. Notary Public for Idaho Residence: Meridian, Idaho MERIDIAN CITY COUNCIL DECEMBER 5, 1989 PAGE #4 Motion Carried: All Yea: Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, the water will be shut off. The amount of the turn off list this month is $7,382.91. ITEM #5: APPROVE THE BILLS: The Motion was made by Tolsma and seconded by Giesler to approve the Bills. Motion Carried: All Yea: ITEM #6: MASONIC HALL AGREEMENT: Tolsma: Maybe we should go to a one or two year time frame. Pointed out that the City would be liable for snow removal and placing a sign up. There was some discussion. The Motion was made by Myers and seconded by Tolsma to approve of the lease agreement with the Masonic Hall for a five year period with a five year option. Motion Carried: All Yea: The Motion was made by Myers and seconded by Giesler to authorize the Mayor and the City Clerk to sign that agreement. Motion Carried: All Yea: ITEM #7: APPROVE RENEWAL OF BEER/WINE/ & LIQUOR LICENSES: Chief Gordon: No problems. ~._ ...._~. .~....,,..a,,~.. The Motion was made _by Myers and seconded by Tolsma to approveof the Beer/Wine & Liquor Licenses for those that have paid their fees. Motion Carried: All Yea: ITEM #8: DEPARTMENT REPORTS: Building Inspector: Over the past few days, I have been going aver the files on the applications for building permits and there are sore dating back as far as 1986 that have no record of the final inspection being canpleted• So I have been ~Y~g to get these ~npleted, I do have two of than where tacq~orary occupancy certificates wpxe given on August 9, 1989 stipulating in the tanporary certificate that it was for a period of ninety days, the ninety days are up and I guess I am asking the Council how we want to proceed with these permits? Nbrrow: What are our options? Building Inspector: We could give another extension on the tes~orary occupancy or we are looking at eviction.