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HomeMy WebLinkAbout Idaho State Department of Corrections for Lease of PremisisTHIRD LEASE AMENDMENT t~ ~"~tly This THIRD LEASE AMENDMENT is made and entered into this ~ day of~me; 2010, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("Lessor") and the State of Idaho, by and through the Department of Correction ("Lessee'. (Lessor and Lessee may hereinafter be collectively referred to as `parties.") WHEREAS, the Parties seek by this amendment to extend the term of the original Lease Agreement for Space entered into by Lessor and Lessee, on June 24, 2002, for space located at Room 103 in 1401 East Watertower Street, Meridian, Idaho ("Premises', as modified by the July 1, 2003 Lease Amendment and the July 24, 2007 Second Lease Amendment, copies of which instruments are attached hereto as Exhibit A; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: TERM of LEASE AGREEMENT EXTENDED. The term of the June 24, 2002 Lease Agreement for Space, as amended by the July 1, 2003 Lease Amendment and the July 24, 2007 Second Lease Amendment, shall be extended for a term of three (3) years, and, as time is of the essence, shall end at midnight on June 30, 2013. The Lessee may, at the expiration of the term of this Third Lease Amendmenrt, and without the necessity of renewing said Lease Agreement, continue in its occupancy of the Premises on a month to-moirth basis upon the terms and conditions set forth in the June 24, 2002 Lease Agreement for Space, for a period not to exceed one (1) year. The Lessor may terminate the Lessee's month-to-month occupancy upon ninety (90) days' prior written notice to the Lessee. NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this Third Lease Amendment, all provisions of the original June 24, 2002 Lease Agreement for Space shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Third I.ease Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the June 24, 2002 Lease Agreement for Space or this amendment thereto. IN WITNESS WHEREOF, the Parties have executed this Third Lease Amendment on this ~~ day of July, 2010. S~/ATE OF~~/ J~.~/st ' ~ I )ss. COUNTY OF _~~~ic, ) I HEREBY CERTIFY that on this ~ day of ~~~ 19 ~® , 2010, before the undersigned, a Notary Public in the State Of Idaho, personally appeared Brent Reinke, known to me to be the person who executed the said inshvment, and acknowledged to me that he/she executed the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above ~7 ~~ on // ~ ~ _~~ Resi gat .r.~„u~'~,~e. l~, Leasing Manager, D CT OF MERIDIAN: de Vy'e~d, Mayor `~ O~~T~ 47A"j~YJ ~ ~o~' 'sjp ~sr ~s~ • ~ .~ OQ ,, ~, ~ '/~~~rrrrrOi t i iU~ ~~~~~~~~ Department of Administration J, 11pTA~pJ, ~r 4 ~••~ l'UBLZG ~. ~J, ~~~ es°~~ i~ .9 ~~~~~~~• ~ City Clerk Notary Public Exhibit A June 24, 2002 Lease Agreement for Space July 7, 2003 Lease Amendment July 24, 2007 Second Lease Amendment .,,, , ~Lt=ASS A~R~FMILNT FOR $PA~ THIS LEASE AGREEMENT FOR SPACE {"Lease Agreement") is entered effective upon the date of the last required signature {the "Effective Date"}, by and between td o 8~,ge~, {the "Lessor"), and the STATE OF I©AHO, by and through De~_rtm~nt nfSerrpction Prf2hatinn and Parole (the "Lessee"), for the leasing of that real property described below and referred to as the "Premises." The Lessor and the Lessee may be referred to collectively as the "Parties." The Parties specifically agree and acknowledge that the approval signature of the Leasing Manager, Division of Public Works, Department of Administration, is a required signature. WITNESSETH WHEREFORE, in consideration of the mutual covenants, agreements, and conditions contained in this Lease Agreement, the Parties agree as follows. 1. L_egSe of PrQ,m{Sps, The Lessor does hereby demise and lease to the Lessee the Premises situated in the City of Viridian, County of Asia, State of Idaho, known and described as follows: rrAAr~, ~o~ ~n 1401 t=art Waterte~•~ar,5,}~p~rj~Qgrtdl~n !{~,~ho 83642 Meridian Idaho, 2. Term. The term of this Lease Agreement is Tw _tvP (~ months. As time is of the essence, the term of this Lease Agreement shall begin on .U~ly ~, 2tL? and shall end at midnight on ,I!~ne ~Q, ?~. The Parties agree that this lease Agreement is subject to the termination, expiration 'and renewal rights set forth in this Lease Agreement. The Lessee may, at the expiration of the terra of this lease Agreement and without the necessity of renewing said Lease Agreement, continue in its occupancy of the Premises on a year to year basis upon the terms and conditions set forth in this Lease Agreement for a period not to exceed five (5) years. 3..Eaymant. The Lessee shall pay to Lessor a fixed payment for the term of this Lease Agreement in monthly installments of approximately .$2Z~.QII each. The lease payment shall be computed at a rate of $11.ttLLper square foot, per year. The total square footage of the Premises is 3.t1i1, subject to measurement using SOMA standard, The total yearly tease payment is $.3,3t~.tlfl,. Upon election by the Lessee to pay in advance _ quarterly, _semi-annually, or ~annuafly, the Lessor shall allow Lessee a discount of ~!°la percent. The Isase payments shall be paid pursuant to the Lessor's timely submission of invoices for payment. Upon receipt, Lessee shai{ forward Lessor's invoice to the State Controller for payment. Lessor specifically acknowledges that S#a#e vouchers are processed by the State Controller, not Lessee. Therefore, any payment that is made nv later than sixty {6g) days after it is actually due shall not be considered an event of default. Lessee shall use its best efforts to expedite payment. It is expressly covenanted and agreed that any prepayment of rent made by the Lessee under the terms of this Lease Agreement shall be considered as an advance payment of rent only and no part thereof shall be considered as a security or cash deposit. 4. L~r`~ .nta_rer.P of pig imGPS, Lessor shall deliver the Premises to Lessee in accordance with floor plans and specifications attached to this Lease Agreement as Exhibit A, and incorporated herein by reference. Prier to or at occupancy, Lessee shall provide Lessor with a written statement acknowledging inspection and acceptance of the Premises. Anything contained in this Lease Agreement notwithstanding, Lessee's obligations under this Lease Agreement shall not commence until Lessee's acceptance of the Premises. Lessee's inspection and acceptance of the Premises are based upon what may be reasonably observed by one untrained or unfamiliar with building inspections. At Lessee's discretion, Lessee may have particular conditions or parts of the Premises inspected by one trained or familiar with building inspections. In no event shaft Lessee's inspection, or inspection by any agent of Lessee, be deemed a waiver of any defects in the Premises. ~. Nn ctP; Repairs, Lessee will not commit waste on the Premises, nor will it disfigure or deface any part of the building, grounds, or any other part of the Premises, including flxturss. Lessee further covenants that upon return, the Premises will be in the same condition as originally received, reasonable wear and tear Correction, Probation and Parole -Meridian-1 ~..~._. ; excepted, Repairs, except th~actually necessitated by Lessee's wa~disfigurement or defacement, and except for repairs required by the removal of Trade Fixtures as provided for in Paragraph 13 of this Lease Agreement, shall be made solely at the Lessor's expense. Any repairs shad be done in a workmanlike manner and must comply with all applicable codes, ordinances, rules and regulations. 6, services and Parkins, The Lessor covenants that it will provide, perform, and pay for the services, maintenance and parking as follows: A. Utilities: Domestic water and sewer. Electricity. Natural Gas. Irrigation. Local Phone Service. g. Facility Repair and Maintenance: General Building structure and related equipment {Interior and Exterior). Heating system and related equipment. Cooling and air handling system and related equipment. Electrical system and related equipment. Sewer and plumbing systems and related equipment. Exterior lighting, including landscaped areas, parking area and walkway. Cleaning ground and parking area of debris X weekly _ monthly _ other: Common area janitorial service X daily (excluding weekends and holidays) _ other: Trash removal from property X weekly !other; Furnishing of all washroom materials, including paper products} soap, deaning supplies and equipment. Light bulb and fluorescent tube replacement. Ice and snow removal prior to start of each business day. Directory sign with Lessee name. Door sign with Lessee name. Lawn and shrubbery care weekly during season. C. Custodial Services: Complete Janitorial service X daily (excluding weekends and holidays) _ other: _ Trash removal from Premises X daily {excluding weekends and holidays) weekly ,_,_, other: - Window cleaning X quarterly _ other: Carpet spot deaning ,,,~, semi-annually _,,,, annually X as needed. Shampoo carpet X.semi-annually _ annually _ as needed. D. Parking: A total of 2 lighted and paved automotive parking spaces (including II of which will be secured) will be maintained with adequate ingress and egress available. Handicapped spaces will be provided equal to the requirements of the Americans With Disabilities Act (ADA). 7, firse .ial Provisions, a. IaXas. Lessor shall pay and discharge all taxes and assessmen#s whatsoever charged against the Premises whether charged by federal, state, county, city or other public authority. b, ,The Lessee agrees to reimburse Lessor for any costs incurred for song distance telephone calls made by the Lessee. C. Qth. ~r ,^~p,P,r'Eal Provisions, No other spedal provisions exist. $, ~'ail~ ire td Repair, Maintain or S_~rv_isn. 1n the event that the Lessor shall fail or refuse to make such repairs, perform such maintenance, provide such services, or to take any other action required of the Lessor pursuant to this Lease Agreement, Lessee shall give Lessor reasonable notice and time to cure and, failing such cure, Lessee may, at its option, make such repairs, perform such maintenance, provide such services, or take any such action, and deduct such sums expended doing so from the lease payments Correction, Probation and Parole -Meridian- 2 due to the Lessor. In the event such failure or refusal prevents Lee from occupying any or ail of the Premises, Lessee may deduct a pro rata sum from its lease payments equal to the greater of the monthly cost per square foot of those Premises not acceptable far occupancy or the actual cost incurred by the Lessee to secure and occupy alternate premises. Lessee's decision to exercise this remedy shall not be deemed to limit its exercise of any other remedy available under this Lease Agreement, at law or in equity. 9. Personal Ipy~y 1'~ama~, Subject to any applicable provisions of the Idaho Tart Claims Act, Lessee agrees to defend and hold Lessor harmless for any and all claims based on proven personal injury damages suffered by public business invitees of the Lessee, provided, however. that Lessee shall have such obligation only for injuries and damages resulting from the negligent acts or omissions of employees of the Lessee and shall have no such obligation related to acts or omissions of emp[oyees or invitees of the Lessor. 10. .I,~~m~ificatinn, Lesser hereby agrees to defend, indemnify and save Lessee harmless from and against any and all liability, loss, damage, cost, and expense, including court costs and attorneys' fees of whatever nature ar type, whether or not litigation is commenced, that the Lessee may incur, by reason of any act or omission of the Lessor, its employees or agents or any breach or default of the Lessor in the performance of its obligations under this Lease Agreement. The foregoing indemnity shall not apply to any injury, damage or other claim resulting solely from the actor omission of the Lessee. 11. Llse of Premiyec, Lessee shall use the Premises for the fallowing purposes: Lessor warrants that, upon delivery, the Premises will be in good, clean condition and will comply with all laws, regulations or ordinances of any applicable municipal, county, state, federal ar ether public authority respecting such use as specified above. Lack of compliance shall be an event of default and shall be grounds far termination of this Lease Agreement. -` 12. Eire nr rtama~e, A. Damage nr r?PStnu~tin~P~~, PrP_mICAC lnfit,fj~r Omunanrv, lf, during the term of this Lease Agreement, the Premises, or any portion thereof, shall be destroyed or damaged by fire, water, wind or any other cause not the fault of Lessee so as to render the Premises unfit for occupancy by Lessee, this Lease Agreement shall be automatically terminated and at an end. Lessee shall immedia#ely surrender the Premises to Lessor and shall pay rent only to the time of such surrender. If comparable and acceptable nff"ice space can be provided by the Lessor within thirty (30) days of the date of destruction or damage, the Lessee may effect, at its sole option, to relocate to such substitu#e office space and all relocation casts shall be at the sole expense of the Lesser. Rents will be continued upon occupancy at the lesser of: (i} the current lease rate; or (ii) the market rate far the substitute space. Such relocation shall be for the remainder of this Lease Agreement or any extension. , ~, Some Portion Fit for Orcc_~a_n~, (i) Notwithstanding any other provision of this Lease Agreement, if less titan fifty percen# (5Q%) of the Premises are destroyed or damaged, and if that portion of the Premises may be restored within ninety (90) days to as goad a condition as originally received, the Lessee may elect to continue this Lease Agreement and Lessor shall have the option to restore the Premises. Lessee shall give written notice of its intention to continue this Lease Agreement within thirty (30) days after such damage or destruction occurs. If Lessor does not elect to restore the Premises, the Lessor shall provide the Lessee with written notice of that fact and this Lease Agreemen# shall automatically terminate effective as of the date of destruction or damage. (ii) If the Lessor elects to restore or rebuild pursuant to the option provided in paragraph 12.6.(i), the rents otherwise due Lessor by Lessee shall be abated equal to the monthly cost per square foot of the unoccupied Premises for that period of time during which restora~on ar rebuilding of the Premises occurs. If the Lessee is unable to occupy all or part of the Premises during the restora#ion then, at the option of the ~ Lessee, the Lessee may be relocated to comparable and acceptable office space and all relocation costs shall be at the sale expense of the Lessor. if such res#oration or rebuilding exceeds ninety (90) days beyond the date of the destruction or damage to the Premises, Lessee may terminate this Lease Agreement without liability of any kind save payment for actual occupancy of the Premises prior to termination. Correction, Probation and Parole -Meridian- 3 C. psen~id Rent, ~e event that #his Lease Agreement is ~inated as the result of damage or destruction to the Premises during any period of its term for which the Lessee has prepaid rent, the Lessor shall, within ten (10) days from the date of notification of termination by the Lessee, refund the full amount of any prepaid rent not than applied to a period of the Lessee's actual occupancy of the Premises. In the event that the Lessor does not timely remit the full amount of any prepaid rent to the Lessee, the Lessee shall be entitled to collect the full amount of its prepaid rent from insurance proceeds in the manner set forth in this Lease Agreement. 13. Altpratinns, Except as otherwise agreed, subsequent to the Effective Date and during the term of this Lease Agreement and any extension, neither Lessor nor Lessee shall make any alteratians, additions or improvements to the Premises without the prior written consent of the other. Any and ail alteratians and improvements made by Lessee shall be made at Lessee's sole expanse and, subject to the exception for Trade Fixtures provided below, shall, upon termination of this Lease Agreement, and without disturbance or injury, became the property of the Lessor, and shall remain in and be surrendered with the Premises. Any such alterations, whether performed by Lessor or Lessee, must be made in a workmanlike manner and must comply with all applicable codes; ordinances, rules and regulations. Notwithstanding any other provision of this Lease Agreement, Trade Fxtures, as defined in this Lease Agreement, installed by Lessee shall, at the option of the Lessee, not become the property of the Lessor and, upon the termination of this Lease Agreement, the Lessee may remove such Trade Fixtures and return the Premises in as close to original condition as possible, reasonable wear and tear excepted. For purposes of this Lease Agreement, a Trade Fixture is defined as personal property used by the Lessee in the conduct of its business and includes i#ems such as, bu# not limited to, shelves and reception counters. 14. Ilefault. In the event that either party shall default in the performance of any material term, covenant, or condition of this Lease Agreement, the party not in default may at its option terminate this Lease Agreement. The party alleging default must provide written notice of said default, specifying the alleged default, and the receiving party shall have fifteen (i5) business days to cure or shall immediately provide written documentation that i# is proceeding to cure the default in an expedited manner (e.g., working overtime, express delivery, etc.). Should Lessee be in default by surrendering occupancy of the Premises in some manner violative of the terms of the Lease Agreement, Lessor may reenter the Premises without affecting its right of recovery of accrued rent therefor; provided, however, the Lessor shall exercise due diligence to mitigate any and all future losses of rent or damages that may result due to the failure of the Lessee to occupy the Premises. 15. S~ifficient Appr~priatian by l~isl~t~arp E3ecl~~imd. It is understood and agreed that the Lessee is a governmental entity, and this Lease Agreement shall in no way or manner be construed so as to bind or obligate the State of Idaho beyond the term of any particular appropriation of funds by the State legislature as may exist from time to time. The Lessee reserves the right to terminate this Lease Agreement if, in its judgment, the legislature of the State of Idaho fails, neglects or refuses to appropriate suffraent funds as may be required for Lessee to continue such lease payments. All future rights and liabilities of the Parties shall thereupon cease within ten (10} days after the notice to the Lessor. It is understood and agreed that the lease payments provided for in this Lease Agreement shall be paid from State legislative appropriations. 16. A~sigcmEil3t_tl~P -=~R1g~t to 7'errn~atw Luse Anrpe~ ment a~ Direction of Idahe Dcanartmen~ Acimigist~ati~~. The parties to this Lease Agreement recognize and agree that Lessee, as an agency of the State of Idaho, is subject to the direction of the Idaho Department of Administration pursuant to Title 67, Chapter 57, Idaho Code, and, specifically, the right of that department to direct and require Lessee to remove its operations from the Premises and relocate to other facilities awned or leased by the State of Idaho. Accordingly, it is agreed that, upon the occurrence of such event, Lessee may terminate this Lease Agreement at any time after cone-year period from the date of the commencement of the Lease Agreement as determined under Paragraph 2, provided that Lessor is notified in writing ninety (90) days prior to the date such termination is to be effective. Such action on the part of the Lessee will relieve the Lessee and the State of Idaho of liability for any rental payments for periods after the specified date of termination or the actual date of surrender of the Premises, if later. ~ , Correction, Probation and Parole -Meridian- 4 ....__ s . ... _ R~-fl~r~-~. r 17. nfFiriala, A~~n~ and m to ~ee~..nf I PSS!'P Not Personatly ~iahle, It is agreed by and between the Parties that in no event shah any official, officer, employee ar agent of the State of Idaho be in any way liable or responsible for any covenant or agreement contained in this Lease Agreement, express ar implied, nor for any statement, representation or warranty made in or in any way connected with this Lease Agreement or the I~remises. In particular, and without limitation of the foregoing, no full-time or part-time agent or employee of the State of Idaho shall have any personal liability or responsibility under this Lease Agreement, and the sole responsibility and liability for the performance of this Lease Agreement and all of the provisions and covenants contained in #his Lease Agreement shall res# in and be vested with the State of Idaho. 18, BPi~tisxo of Parties- The Parties agree and acknowledge that neither shall be considered the employer, agent, representative, or contractor of the other by reason of this Lease Agreement. 19. ~ltatices. Any notice required to be served in accordance with the terms of this Lease Agreement shall be sent by registered or certified mail. Any notice required to be sent by the Lessee shall be sent to the Lessor's fast known address at , ~ as~tlriai'tl1,..liae[tdian, tdat,a t33fid2 and any notice required to be sent by the Lessor shall be sent to the address of the Premises and to the Lessee's address in Soise, i.e., ~x a~7~ eta r,tdat,e a~72o-oo~s, A copy of any such notice shall also be sent to the Department of Administration, Division of Public Works, Attn: Leasing Manager, Post Office Sox 83720, Boise, ID 83720- 0072. In the event of a change of address by either Lessor or Lessee, the Parties agree to notify each other in writing within ten (10) days of the date of any such change. 20. I~,c~~ran la, The Lessor shall maintain an insurance policy (or polices} for the purpose of insuring any properly and liability risks regarding the Premises. Any such policy obtained by the Lessor shall be at its sole and absolute expense, and Lessee shall have no obligation to obtain ar pay for such insurance. In the event that the Lessee shall prepay rent in the manner set forth in this Lease Agreement, the insurance policy (or policies} obtained and maintained by the Lessor shall identify the Lessee as a named insured under the terms of the policy. Any such insurance policy shall further state that the Lessee shall be entitled to receive insurance proceeds in the full amount of any prepaid rent prior to any distribution of insurance proceeds to the Lessor or any other third party not having an insurable interest in the Premises. The Lessor shall provide the Lessee with a copy of its insurance policy on or before the term this Lease Agreement commences. The Lessee acknowledges that its personal property is subject to coverage in accordance with state law. 21, 7erminatinn, This Lease Agreement shall automatically terminate at the end of its term unless otherwise continued, terminated or renewed in accordance with the terms of this Lease Agreement. 22, d~rs~nd A~~,c1gns, The terms of this Lease Agreement shall apply to the heirs, executors, adminis#ratars, successors and assigns of both the Lessor and the Lessee in like manner as to the or'sginal parties. An assignment of this Lease Agreement by the Lessor must be approved by the prior written consent of the Lessee, which consent shall not be unreasonably withheld. 23, Nnnwaiver, The failure of the Lessor or Lessee to insist upon strict performance of any of the covenants and agreements of this Lease Agreement or to exercise any option contained in this Lease Agreement shall not be construed as a waiver or relinquishment of any such covenant ar agreemen#, but the same shall be and will remain in full force and effect unless such waiver is evidenced by.the prior written consent of authorized representatives of the Lessor and Lessee. . 24 ~ndiHc2tion. This Lease Agreement may be modified in any particular only by the prior written consent of authorized representatives of the Lessor and Lessee. Anything else contained herein notwithstanding, modifications #o this Lease Agreement shall be of no.force and effect until approved in writing by the Department of Administratian,~Division of Public Works. 25. Seoe~ecai. This Lease Agreement may be renewed by the written consent of the Lessor and Lessee provided such consent is rendered sixty (60) days in advance of the expiration of the term of this Lease Correction, Probation and Parole -Meridian- 5 Agreement. Notice of Lessor'~fer to renew steal! be given by the Le~r one hundred twenty (120) days prior to the expiration of this Lease Agreement, including any extension. Lessee will have thirty (30) days to respond to Lessor's offer. if agreement is not reached by sixty (t30) days prior to the expiration of the Lease Agreement, Lessor may lease the Premises to another party, but not on more favorable terms than offered to Lessee, without first giving Lessee ninety (90) days to accept or reject those new terms. 26. Ate. hectnc and HPatth Ha~ardS, Lessor agrees to comply promptly with all requirements of any legally constituted public authority made necessary by any unknown or existing health hazard including, but not limited to, such hazards which may exist due to the use or suspected use of asbestos or asbestos products in the Premises. The Lessor warrants that it has inspected the Premises for health hazards, specifically for the presence of asbestos, and the inspection has not detected asbestos, or if Lessor's inspection has revealed asbestos, then Lessor warrants that it has been removed or been encapsulated in accordance with current law and regulations. In the event that asbestos or another health hazard is discovered on the Premises, the Lessor agrees to protect the Lessee and ifs employees and to take immediate corrective action to cure the problem. It is agreed that, in the event the Lessee is unable to continue occupancy of the Premises due to the presence of asbestos or any other health hazard, or because of any governmental, legislative, judicial or administrative act, rule, decision or regulation, the !"ease Agreement may be terminated by the Lessee upon ten (10) days' written notice to the lessor. Any asbestos abatement costs, and any other repair or renovation casts associated with asbestos or other health hazard, as well as moving costs and consequential damages, will be at the sole expense of the Lessor. 27. Nan Discrmination. The Lessor hereby agrees to provide all services funded through or affected by this Lease Agreement without discrimination on the basis of race, color, national origin, religion, sex, age, physical/mental impairment, and to comply with all relevant sections of: Title Vt of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; The Age Discrimination Act of 1975 and to comply with pertinent amendments to these acts made during the term of this Lease Agreement. The - Lessor further agrees to comply with all pertinent parts of federal rotes and regulations implementing these acts. The Lessor hereby agrees to provide equal employment opportunity and take affirmative action in employment on the basis of race, color, national origin, religion. sex, age, physical/mental impairment, and covered veteran status tv the extent required by: Executive Order 11246; Section 503 of the Rehabilitation Act of 1973, as amended; Section 402 of the Vietnam Era Veterans Readjustment Assis#ance Act of 1974 and to comply with ail amendments to these acts and pertinent federal rules and regulation regarding these acts during the term of the lease Agreement. 28, fia icon Acr_,e,~,cihiti Any space leased by the State of Idaho will meet or exceed standards for handicap accessibility as set out in the American National Standards Institute A117-1, 1992; Americans With Disabilities Act, Public Law 101-336 and applicable regulations; Uniform Building Code Chapter 11; and federal regulations applicable to the occupying agency. 29. f~n<~ iui~rr~r~.~-Q~. All buildings owned or maintained by any state government agency or entity, ar which are constructed ar renovated specifically for use or occupancy by any such agency or entity shall conform to all existing state codes, including but not restricted to, the Idaho General Safely and Health Standards, the Uniform Building Code, the Uniform Mechanical Code and the Uniform Fire Code. ' If any conflict arises between applicable codes, the more stringent code shall take precedence. Prior to construction or remodeling of such buildings, where appropriate, construction plans shall be reviewed and approved by the Division of Building Safety and the Permanent Building Fund Advisory Council. 30. ~xwra hive C)~~p„r?~Q1-04. Executive Cider 2001-04 requires that long-term energy costs, including seasonal and peaking demands upon the suppliers of energy, are to be a major consideration in the construction of ail state buildings and the execution of lease agreements. Speaal attention shall include energy conservation considerations including: (i) Chapter 13 of the Uniform Building Code, 1997 Edition; (ii} use of aitemative energy sources; (iii} energy management systems and controls to include effective means to monitor and maintain systems at optimal operations; (iv) "eta#e-af-the-art" systems and equipment to conserve energy economically. 31. ExPrutiv nrd .r ono -o~, Executive Order 2000.01 requires that all state-owned or state-lease buildings, Correction, Probation and Parole -Meridian- 6 facilities or area occupied by s employees shall be designated as "nmoking" except for custodial care and full-time residential facilities. The policy governing custodial care and full-time residential facilities may be determined by the directors of such facilities. 32, The Parties agree and acknowledge that the representations and acknowledgments made in this Lease Agreement are material and the Parties have relied upon them in entering this Lease Agreement. 33. Sev?rahititT. If any term or provision of this Lease Agreement is held by the courts to be illegal or in conflict wi#h any existing law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parges shall be continued and enforced as if the invalid term or provision were not contained in this Lease Agreement. 34. .The Lessor warrants that it is lawfully possessed of the Premises and has good, right and lawful authority to enter into this Lease Agreement and that the Lessor shall put the Lessee into actual possession of the Premises at the commencement of the term of this Lease Agreement and shall ensure to the Lessee the sole, peaceable, and uninterrupted use and occupancy of the Premises during the full term pf this Lease Agreement and any extension. 35, No other understanding, whether oral or written, whether made prior to or contemporaneously with this !.ease Agreement, shall be deemed to enlarge, limit or otherwise affect the operation of this Lease Agreement. I TNESS WHEREOF, the Parties have executed this Lease Agreement as ;~qC above. ~`~~ //e>~,Meridian ~~ ~~~ ~ - __jj STATE OF ~~-C~,trl.~l,<'~ } .. y ~ COUNTY OF ,Rd~O~ ) •,~~'~,4~OUN'T`f ~~P```,: day of uM'e-' , 2002, before me, the undersigned, a/t•SiitanyrRWllc in and for said On this State, personally appeared4.~etkA 4z.~L3+t~.wnC,•3c,rw~~r known or identified to me to be the person whose name is subscribed to the foregoing instrument on behalf of ~~~ty Qf 'cr ian as Lsssar, and acknowledged to me that he/she executed the same on behalf of the Lessor. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in~this certificate first above written. • •e' O ~b ;+,~~ ~ ~ "' - ~~ 1. Residing at /~ ~ ~ ~OG~'~'~-~ r ~~ ~"~ LESSEE: Department of Correction, Probation and Parole ~.~~. G~ On this ~ ~`f~` da o ry'• ~~' '~+ `c2~2, before me, the undersigned, a Notary Public in and for said State, personally app p a ~~..w., 1v-own ar identified to me to be the person whose ~~~ ,' ~~~ as Lessee, name is subscribed to the foregoing m meet on behalf of and acknowledged to me that he/she executed the same on behalf of the Lessee. Correction, Probation and Parole -Meridian- 7 IN WITNESS WNEREO ave hereunto set my hand and affixed ~afficiai seal the day and year in this certificate first above written. ----- Commission expires on ~. Res'sding at APPROVEQ BY: ~z~i~ d . Wildhagen, State leasing Manager Date Division of Public Works, bepar#ment of Admfnistraiion Correction, Probation and Parole -Meridian- 8 EXHtBtT A O THE PREMISES /'¢ ! East WatarfnwAr ~4raa1~ ~[~jdian Idahn ,~{,$~~p,~~~~Q boon.- l 0 3 Correction, Probation and Parole -Meridian- 9 -. ,,. ~... ?.3 STAFF pQRKING +.. 7`..~,~.r.~ 23 STAFF BARKING Pnn.y .. .-n... ~ .... 0 0 r 1. ~•:~: ~'::.: ~~. .- ~- . t.' ~.,• F ,. I,c •. 'r.' ~~ 4'. 1; 1' f' 1~ ~,~ t 1~ •• ~ll' 1`.. /L ~ is , ~. . I' ~.. I:k:' r~=, ' , .., •'. . _. ~;.,. :<' ~'~ . i~. , Fi .; r::t F~, r. !' f" ~.~'. . ~_.. r - ~a f'. I I • ~L: ~~ .. t. . 1 f f f .. . J f', . . ,,. - -- -__L__. ` ;: I t' i, d~ 1 d i• 1.~:. i . ~.. 77~ 1'~i I. •.. ~.` _1 ' - ~ F~ ~ ~, f I .. _.__ ..._r__._ :' i ~ i i i i u ~ ~ . •I I ~ . I ' 1 ~^. n i ''~ 1 ~ I' . "7 1 I^ 1 i ,1.11 y i [~~ •-~ ~ I ~ 1 Q I;.~ ~ i r4- 1 ~` a V V ~ O~ Off: a V ~ 1 I l .- _.__.._..._ .~ .._ . . I - - wad ~~ i ~, , ~. .. 3~ f i ~ / i y ? I . i I ~~ ~ t ;'~ I I ~ I ~ I I ~ ,i ~ ~ 1 ~ i ~ . pI I I ; ~ I I ;_ e _ _ _ _ .r.<~_ q .1. i roa. i ~ ~~`.e ' ~! Stat daho ~ e of I Department of Administration Division of Public Works 502 N. 4th Street PO Box 83720 Boise ID 83720-0072 Phone 208-332-1900 FAX 334-4031 ~RANSMTTTAL DATE: Ju e 2 002 Re: Department of Correction, Probation and Parole lVXeridian TO: City of Meridian CC: Hegry Atencio Attn: Stacy Kilchenmann 33 Esst Idaho Meridian, Idaho 83642 Department of Correction, Probation and Parole ~W/ ENCLOSURES FROM: Linda S. Wildhagen, State Leasing Manager 208-332-1929 ENCLOSED PLEASE FIND: Copies Description 3 Lease Agreements Please have the leases signed and notarized by City ofMeridian Please attach floor plan to lease as Exhibit A Please have the leases signed and notarized by Department of Correction, Probation and Parole Please amend and return Please review and affix corruments These aze for your files Other:~S!' incert ctr . ,t t-trihP,C n~~re~micPC in pr~t~,grt~nh i oftrie lease.. Return _ copies to: Lessor c(Q ~'~ Roc T oho, MeridianrTdahn R3Fid2 Return ~ copies to: Lessee @ E fZ B. ~ R~~~O, Rnicg,, Tdaho R'~7~(l..(1Qi R .Return 3 copies to: Division of Public Works, Attn: State Leasing Manager T~E~t1VK Yt~zt! Correction, Probation and Parole -Meridian-10 LEASE CHECKLIST NEW LEASE LEASE RENEWAL LEASE MODIFICATION DEAD LEASE LEASE LIST INFORMATION; REPLACES LEASE ~ AGENCY' ~ARartmeOt~f.S ~Orrnr:tinn, Pmhatinn anrt Aamlp TYPE OF SPACE: _,AGENCY`DEPT OF LANi~S ,,,REBID .-,.,STATE OWNED WAREHSE -LIQUOR .,,_MISC TEMP ADDRESS' Fact Watertowe Sireef,~(aridian Idaho ~~BQ.? CITY: ~dEddlafl LESSOR: Citynf Meridian ADDRESS: 33 astld~~~'.M~ririi~,ddahrt 83f4?PHONE: ORIGINAL LSE DATE: ENDING LSE DATE:.1~,,.50,.211(I,3 AMEND DATE: ESCALATION DATE: ESCALATION $: SQ. FT.: 31~(I BASE RENTIYR: $3,,3QI].!]B$ISQ FT: $71.tlIl EXCLUSIONS: A BASE YR ,.~E _J _TI _U COMMENTS: LINK T0; PERMANENT BLDG FUND LEASE LETTER: S~ ~ ~ (1 sT YR) COST PER SQ FT (EFFECTIVE) ,~ COST IF FULL SERVICE $s,~nn nnCOST PER YR ESCALATIONS: TYPE OF SPACE: _,AGENCY~DEPT OF LANDS -REBID -STATE OWNED WAREHSE _,_.,,L1000R _MISC ,TEMP TYPE OF LEASE: FULL SERVICE EXCLUDES: ELEC UTILITIES JANITORIAL NNN WAREHSE RETAIL LAND LSE RESIDENTIAL OTHER: COST RATIO LENGTH OF LEASE: PREV RATE: INCR FROM FORMER LSE: __~.._ OTHER COMMENTS FOR PBF LEASE LETTER: MISCELLANEOUS LEASE INFORMATION: LEASEIPURCHASE ANALYSIS REVIEWED: FACILITY QUESTIONNAIRE REC'D7 RENT DISCOUNT: FTE: YEAR $ OR ~. NNN _.~..GOST RATIO _______.._BREAKEVEN YR 5 YR FACILITY PLAN: SQ FTIFTE: ADI~~I~tT Ef2RS~~FRa~tlur, ~xPt=mss: OPERATING EXPENSES BASE YR: CAPS: TAXES: INSUR: CAM: CAM: AMORTIZED TENANT FINISH: ' OPTIONS TO RENEW: OTHER OPTIONS (CANCEL, PURCHASE, EXPAND, ETC,): ' SPECIAL COMMENTSIISSUES: Correction, Probation and Parole -Meridian-11 ,lUl.-~~• $ X003 i.EASE QWIENDMENT 'U$i,iC WOF~Ik~ LEASE AMENDMENT, made and entered into this ~ day of cT~_, ~, by and between of 14~eridlan. 33 East lda~o greet, tlAertdlan. iD 83642 ,{hereinafter referred to as "Lessor") and the STATE OF IDAHO, by and through the Department of Con~ec#ion, Probation and Parole (hereinafter referred to as "Lessee"), is an amendment of the original !.,EASE AGREEMENT FOR SPACE between the LESSOR and the LESSEE entered into an ,far space located at Room 103 in 1401 East Watertower Street, Meridian, Idaho. WiTNESSETH WHEREAS, the parties desire to amend the LEASE AGREEMENT FOR SPACE and; WHEREAS, the LESSEE is IegaUy authorized to enter in this amendment by power granted by Title 57, Chapter 67 of Idaho ode with the approval of the Department of Administration and; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Lease Agreement for Space is hereby amended as faNovus: 1. Term of Lease Agreement. The term of this Lease Agreement shalt be extended far a term of 12 months and shall end at midnight on June 30, 2004. The Lessee may, at the expiration of the term of this i..sase Agreement and without the necessity of renewing said Lease Agreement, continue in its occupancy of the Premises on a month to month basis upon the terms and conditions set forth in this Lease Agrleement for a period not to exceed one (1) year. The Lessor may temtinate the Lessee's month to month occupancy upon nine#y (90) days' prior written notice to the Lessee. No Additional Provisions. The parties agree that alt provisions of the original Lease Agreement For Space dated and all previous agreements, unless specificaNy hereby amended, shall remain in force during the period covered by the Lease Amendment. No other understanding, whether oral or written, whether made prior to or conternparaneousiy with this Lease Amendmen, shall be deemed to enlarge, limit or otherwise affect the operation of the Lease Agreement For Space ar this lease Amendment, IN WITNESS WHEREOF, the parties hereto have executed this Lease Amendment the day and year first above written. LESSOR: City of Meridian By: ``,,`~t111LliJtltll~~j~f,! $EAL ~' 'p ~T 5'~ ' `~ `~ Robert D. orris -Mayor William G. Berg, Jr. - ty Clerk ~`%a'4 cO~N.r,r , ~a~;~`~~~,4p~~vt+el. bra ~'if~ G'okrkce•~- ?-/-~3 ••`~~nil t11N~~~ Correction, Probation 6 Parole amendment 2Q03- 9 .. STATE OF fDAHO ) )ss. COUNTY OF ADA ) ~,d ~ On this ~ day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally ap~~Robert D. Cor'rie and William G. Berg, Jr., known ar identified to me to be the Mayor and City Clerk respectively and having subscribed to the foregoing instrumen# on behalf of City of Meridian, as Lessor, and acknowledges to me that he/she executed the same on behalf of the Lessor. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal the day and year in this certificate first aboy~~: • y' ~ • Residing At: r yJb~~ " s " ~ " Commission Expires: ~-zs-ate. ,~ 1 • LESSEE: Departmenrt of STATE OF IDAHO ) )ss. COUNTY OF ADA } and Parole a On this 1'~ay of 003, be 'ore me, the undersigned, a Notary Public in and for said State, personally appea rye,, known or identified to me to be the person whose name is subscribed to a fo going instnsnent on behalf of Deparkrrlent of Correction. Probation an,4i Parole, as lessee, and acknowledges to me tt~~lae6~e executed the same on behalf of the Lessee. '~~..•4ti: ~~ D~•Sp~'~.~~A~ IN WITNESS WHEREOF,1 have hereunto set my hand and a~`Ff#~}c~~the ..... - d ear in this certificate first a e written. '~ n t ~ ~UBT.~G ; ', ~;~.~~'~ ~' tA~ .! O ;%. Co mission expires on ~ Residing at ~~~ •'°•• • ~ ~:~ AP OVE BY: _ ~~ _~ da .Hitler, Leasing Manager Date Division of Public Works, Department of Administration Correction, Probation & Parole amendment 2003- 2 Nferldien Cry Council Nleet~g July 1, 2003 pale 2 of ~4f Corrie: Okay. Motion has been made and seconded to approve the agenda as changed, any further discussion? All those in favor ofi the motion say aye. Ali ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT item 3. Consent Agenda: A. Approve minutes of June 10, 2~3 Pn~-Council Meeting: B. Findings of Pact and Conclusions of .Law for Approval: CUP 03-015 Request far a Conditional Use Permi# to add a heliport with office and fueling -future landing pad and hangar on southeast comer of property in an L-O zorie far St,; Luke's Meridian Medical Center by St. Luke's Regional Medical Center -east of South Eagle Road and north of I-84: C. Findings of Fact and Conclusions of Law for Approval: CUP 03-071 Request for a Conditional Use Permit for iwo 9,500 square foot retail buildings with associated site improvements in an L-O zone for itesolution Subdivis~ by G.L. Voigt Development - .'1811 South Mr~iennium Way and 2045 West Overland Road: D. Findings of Fact and Canciusioniri of Law for Approval: R2 03- 006 Request fior a Rezone of 3.41 acres from R-4 to R-S zones for ear Cre ~ o. 6 by Wesipark Company -west of South Meridian Road and south of West Overland Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 045 Request for Preliminary Plat approval of 31 building lots and 2 other [ots on 10.49 acres in a proposed R-6 zone for Bear Creek No. s by Bear Creek, LLC -- west of South Meridian Rvad and south of West Overland Road: F. Findings of Fact and Conclusions of Law for Approval: VAR 03-015 Request for a Variance for block Length in an R-4 and R-8 zone for Bear Creek iVo. 6 by Bear Creek, LLC -west of South Meridian Road and south of West Overland Road: G. Add®ndum to Denartmer~t of Cor e~cltons Probation if< Parole Lease for apace in Meridian Police Departmerrt at 1401 E. WatertQwer Street; H. Rejection of Ail Bids for Bear ~feek iZestroom Proiect: McNdlfln Cry Caunoll M~tNtg July 1, 203 Page 3 of 41 i. Approve 81118: Gorrie: Item Number 3 is the Consent Agenda. De Weerd: Mr. Mayor? Come: Mrs. de Weerd. De Weerd: There are a few corrections on Item Number B, but I believe that those could be covered within the motion to approve the Consen# Agenda with the changes to a typo. Is mat correct, Mr. Attorney? Nichols: Mayor and Council, yes. De Weerd: Okay. Thank you. Cowie: Okay. De Weerd: Then, I`d make a motion to approve the Consent Agenda wi#h the corrections to item 3-B and ask the Mayor to sign and the Clerk attest to alt necessary documents. _ Come: Okay. Motion has been made and seconded. is there any other discussion? Hearing none, roll call vote, Mr. Berg. . Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye. Come: Okay. All ayes. Motion is carried. MOTION CARRIED: TMREE AYES, ONE ABSENT Item 4. Department Reports: Cowie: Item Number 4 is Department Reports. Are there any Department Reports? Item b. (items Moved from Consent Agenday: it®m 17. AP 03-092 Appeal of Planning and Zoning Commission's Denial of Preliminary Plat for @~~~[pg Dead= fates Subdivision by The Cutting Edge, LLC - 4379 North Locust Grove Road: item 12. Public Hearing: AZ 03-011 Request for annexation and zoning of 11.5 +l- acres from RUT to R-8 and R-15 zones for proposed looms Meadows Estates Subdivision by The Cutting Edge, LC - 4379 North Locust Grove Road: SECOND LEASE AMENDMENT THIS LEASE A1VlENDMENT, made and entered into this day of 2007, by and between f 1V.Cel~idian, 33 East Idaho Street, Meridian, ID 53642, (hereinafter referred to as "LESSOR") and the STATE OF IDAHO, by and through the Department of Correction (hereinafter referred to as "LESSEE"), is a second amendment to the original LEASE AGREE1VlHNT FOR SPACE between the LESSOR and the LESSEE entered into on Tune 24, 2002, for space located at RooFn.10~ in 1.401 East Watertower Street, Meridian, Idaho. W)(TNESSETH 'WkIF,REAS, the LESSEE has been leasing from LESSOR Room 103 in 1401 East Watertawer Street, Meridian Idaho on a month to month basis since lone 30, 2004, the date of the end of the contract term as set forth in the LEASE AMMI;NDMENT to the LEASE AGREEMENT FOR SPACE; and WHT~REAS, the parties desure to amend the LEASE AGREEMENT FOR SPACE; and WHEREAS, the LESSEE is legally authorized to enter into this amendment by - power granted by Title 57, Chapter 67 of Idaho Code, with the approval of the Department of Administration; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the LEASE AGREEMENT FOR SPACE is hereby amended as follows: Term of Lease Agreement. The term of the LEASE AGREEMENT FOR SPACE as amended by the LEASE AMENDMENT shall be extended and, as tinge is of the essence, shall end at midnight on June 30, 2010. The Parties agree that this Lease Agreement is subject to the termination, expiration, and renewal rights set forth in the LEASE AGREEMENT FOR SPACE. The Lessee may, at the expiration of the term of this Lease Agreement and without the necessity of renewing said Lease Agreement, continue in its occupancy of the Premuses on a month tv month basis upon the terms and conditions set forth in this Lease Agreemenrt for a period not to exceed one (1) year. The Lessor may terminate the Lessee's month to month occupancy upon ninety (90) days' prior written notice to the Lessee. No Additional Provisions. The parties agree that all provisions of the original LEASE AGREEMENT FOR SPACE dated June 24, 2002 and all previous agreements, unless specifically hereby amended, sha11 remain in force during the period covered by the Lease Amendment. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Lease Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the LEASE AGREEMENT FOR SPACE or this SECOND LEASE AMENDN~N'T. ' SECOND LFrlSEAMENDMENT to LEASEAGREEMENT FOR SPACE-Doge 1 of x"''' ' ' ' ' ' ' ~..- IN WXTNESS WHEREOF, the parties hereto have executed this SECOND LEASE AMENDMENT to the LEASE AGREEMENT FOR SPACE the day and year first above written. Date On this "day of 200?, before me the and igned, a Notary Public in and for the State of Id o, personally a~eared crcf' ,fie.. . known or identified to me to be the person whose name is subscribed to the foregoing instrumeixt on behalf of the Department of Correction, as Lessee, and acknowledges to me that heJshe executed the same on behalf ofthe Lessee. IN WITNESS seal the day and yea~J APPROVED BY: ~~~~ ~'~ e~ ~pTA~~ • ~... Au~~.~c '1' C -,~.~?'e o4 tom I have hereunto set my hand and affixed my official e first above w ' en ~ .~ a~ Not Public iding at: ommission expires: b3-~/ I ~ f, r '` ~ ~~~ ' er, Leasing Manager, Division of Public Works, Department of Administration LESSOR: City of Meridian . „u~~:,, ``+~~u tNjr., BY: Tammy de d ,.~~`~.{ 0~ ~~; ''~r,, Mayor, City of ~ dia~~ C,+-~...~.C~ ~'"Z-4'~ 7 ;~\`` ~~~-~ r~ ~'~' ~~~~= Attest: ~ ~ a - S~r~~ - "~ ~~ ` ~ ~~SEA William Cx. Eerg, 7r. %~'~~ r t~~ . ~ *~• City Clerk ~ ~.,,~~~ gatxvT`s , '0~~,.,~`~ ~rrrr:l~i ~t nitri''~ ' SECOND LEASE AMEIVDMElY7' #o LF..ASEAGREEM'ENT FOR SPACE =Page 2 of 2 STATE OF IDAHO ) )ss. COUNTY OF ADA )