Lease Agmt Kleiner Winter MaintenanceLEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this ZC� ay of November, 2011,
by and between Eugene M. Kleiner, Michael E. Huter, Elden E. Gray and Michael B. KIeiner, as
Co -Trustees of The Julius M. Kleiner Memorial Park Trust, UTA Dated April S, 2007, as
amended, "Lessor"), and the City of Meridian, a municipal corporation of the State of Idaho
("Lessee").
WITNESSETH:
WHEREAS, Lessor owns that certain real property located in Meridian, Ada County,
Idaho, which is known as The Julius M. Kleiner Memorial Park and which is described on
attached Exhibit "A" ("Park"); and
WHEREAS, Lessor has constructed on the Park a maintenance shop ("Shop Building");
and
WHEREAS, upon completion of the Park, Lessor will donate the Park, the Shop Building
and all improvements constructed on the Park, except for the Meridian Senior Citizen Building
being constructed on the Park, to Lessee; and
WHEREAS, Lessee desires to take early possession of the Park, including the Shop
Building, in order to store some its equipment and other property in the Shop Building and to be
in a better position to manage and maintain the Park prior to acquiring fee simple title thereto;
and
WHEREAS, Lessor acknowledges and agrees that it is in the best interest of the Park to
allow Lessee to take early possession of the Park.
NOW THEREFORE, in consideration of the premises, covenants and agreements
contained in this Lease, the parties hereto mutually covenant and agree as follows:
1. Premises. Lessor hereby leases to Lessee the Park.
2. Term. The term of this Lease shall commence on December 1, 2011 and shall
continue until Lessor conveys title to the Park to Lessee, or such earlier date mutually agreed
upon by Lessor and Lessee.
3. Rental. The consideration for Lessee's lease of the Park shall be Lessee's
maintenance of the landscaping of the Park until Lessee conveys title of the Park to Lessee.
4. Restriction Against Opening. Until conveyance of title to the Park to Lessee,
Lessee shall not operate the Park or open the Park to the public.
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42340.0004.2660876 3
5. Shop Building. Lessor and Lessee agree that until title to the Park is conveyed to
Lessee, or until Lessor vacates the Shop Building, whichever occurs first, Lessor shall, at no
charge, have exclusive use and possession of the office space in the Shop Building and joint use
with Lessee of the restroom, shower facilities and break area facilities in the Shop Building.
6. Lessor's Completion of Park. Notwithstanding anything to the contrary stated
in this Lease, Lessor shall and does hereby retain the right and the obligation to complete the
development and construction of the Park in accordance with its pians and desire. In connection
with its developments and construction of the Park, Lessor shall and does hereby agree to
maintain the same level of liability, builder's risk and other insurance it is currently maintaining
in connection with its developments of the Park.
7. Taxes. During the term of this Lease, Lessor agrees to pay to the appropriate
governmental agencies all real property taxes, assessments, impositions or other charges levied
or assessed against the Park.
S. Insurance.
A. Fire Insurance on Park. Lessor shall, at its expense, during the term hereof,
keep the Shop Building and all other improvements on the Park insured in an
amount equivalent to not less than 100% of the full insurable value thereof
together with a replacement cost endorsement thereof against (a) loss or damage
by fire; (b) all risks customarily covered under extended coverage endorsements;
and (c) vandalism and malicious mischief.
B. Liability Insurance. Lessee shall, at its expense during the term hereof, keep in
full force and effect a policy of public, liability and property damage insurance
with respect to the Park with minimum limits of public liability coverage of not
less than $1,000,000 per person and $1,000,000 per occurrence, and with
minimum limits of property damage liability coverage of not less than $1,000,000_
per accident or occurrence. The policy shall name Lessor and Lessee, as insured,
and shall contain a clause that the insurer will not cancel or change the insurance
without first giving Lessor ten (10) days' written notice. The insurance shall be
issued by an insurance company approved by Lessor, and a copy of the policy or a
certificate of insurance shall be delivered to Lessor within five (5) days of the
execution of this Lease. All public liability, property damage, and other liability
policies shall be written as primary policies not contributing with and not in
excess of coverage which Lessor may carry.
9. Utilities. Lessor shall pay all charges for water, gas, heat, electricity, power,
telephone service and all other services or utilities provided to the Shop Building and the Park
during the term of this Lease.
LEASE AGREEMENT - 2
42340.0004.2000976.3
10. Maintenance. During the term of this Lease, Lessee shall maintain the Shop
Building in good condition. Lessee shall also maintain the grounds and landscaping of the Park
in good condition in accordance with its standard park maintenance policy.
11. Security. During the term of this Lease, other than for standard police services
performed by the Meridian City Police Department similar to the services it provides to public
parks in the City of Meridian, Lessee shall not be required to perform any specific security
related tasks nor to engage or pay for any private security for the Park.
12. Notices. Any notice or demand given under the terms of this Lease shall be
deemed delivered when delivered by hand or mailed through United States Certified Mail,
postage prepaid, addressed to the other party at the following addresses:
In the case of Lessor; The Julius M. Kleiner Memorial Park Trust
c/o Michael E. Huter, Co -Trustee
217 W. Georgia Avenue, Suite 100
Nampa, Idaho 83686
In the case of Lessee: City of Meridian
Attn: Office of the Mayor
33 East Broadway Avenue
Meridian, Idaho 83642
Such addresses may be changed from time to time by either party through written notice
to the other party.
13. Assignment. Lessee shall not during the term of this Lease assign this Lease or
sublease the Park without first securing Lessor's written consent to do so, which may be denied
for any or no reason.
Id. Damage. In the event the Park and/or any improvements constructed thereon are
damaged or partially destroyed by fire or other insured cause, the same shall be repaired from the
proceeds of such insurance required to be maintained pursuant to this Lease within a reasonable
period of time following the damage,
15. Release. Lessor and Lessee hereby mutually release and discharge each other
from all claims and liability arising from or caused by any hazard covered by insurance on the
Park or covered by insurance in connection with property on or activities conducted on the Park,
to the extent of such insurance, regardless of the cause of the damage or loss.
16. Indemnification. Lessee, to the extent allowed by law, agrees to indemnify and
save harmless Lessor from all demands, claims, causes of action or judgments, and all reasonable
expenses incurred in investigating or resisting the same and for injury to person(s), loss of life,
LEASE AGREEMENT -
42340.00D4.2660876.3
loss of property or damage to property, occurring on the Park arising out of the Lessee's use and
occupancy of said Park, except if caused by the act or gross negligence of Lessor, its agents or
employees.
17. Default, Default by Lessee in the performance of any of the terms, covenants and
conditions of this Lease which Lessee has agreed to keep and perform shall constitute a breach of
this Lease Agreement and Lessor may pursue any remedies available to it. In the event of any
default by Lessee, time is expressly made of the essence of this Agreement.
18. Attorneys' Fees. In the event Lessor institutes any action to enforce any of the
terms or conditions of this Lease, Lessor shall be entitled to reasonable attorneys' fees to be paid
by Lessee.
14. Liens. Lessee shall not do or suffer anything to be done whereby the Park shall
be encumbered by any valid workmen's or materialmen's lien. Notice is hereby given that
Lessor shall not be liable for any material or labor furnished or to be furnished to Lessee in
connection with its lease of the Park; and no mechanic's or other liens for any such labor or
materials shall attach to or affect the reversionary or other estate or interest of Lessor in and to
the Park.
20. Successors. This Lease shall be binding upon and inure to the benefit of the
assigns and successors of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this Lease
Agreement the day and year first above written.
LESSOR:
The Julius M. Kleiner Memorial Park Trust,
UTD, Dated April 5, 2007
By: �-
Michael E. Huter, Co -Trustee
By:
Elden E. Gray, Co -Trustee
LEASE AGREEMENT - 4
42M0.0004-2660870.3
LESSOR:
City of Meridian, a municipal corporation of
the State of Idaho
y:
O�ORpTEDAUCGs, B
<,o r �9ow Tammy De W er , Mayor
�City of
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LEASE AGREEMENT - 5
City Clkk
42340 0004.2660878.3
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A parcel of land situated in the southwest quarter and the west half of the southwest quartet',
.ofthe southeast quarter of8mlion 4. Township 3 North', Range I Bast, Boise Meridian; Ada
County, Idaho, being morayarticularly described as ibH6":
Commeaeffig at a brass cap mmfdmg the southwest qomer of Section 4, Township 3.'g-orth,
Range I East, Bdise mm'dw;
Thence S89046'1 7"E, 265951 feet Wong the south line of the southwest quarter to a 5/8 inch
robar marking the south quarter-secdon comer of Section 4;
Thence S9946'39"R, 664,61 feet jdou&1hc south line of the southeast qu.artcr,
Thence. N00-13-2 I"K 'x`7.14 feet to a 518 inch rebarjnArldmg the southwest cdmer of Venture
Subdivision, Book 27 of Plats -at Pages 1704 & 1705, rec6rds of Ada County, on the north
right-of-way line of test. Fairview Avenue; - ' . I I
Then= N00004-25'7, 741.0 W along the west line of-Vouture Subditlisiodto the POWr
OF BFi.3WNING.
7henca N89*59'29-W, 1365:19 feet;
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Thence N44940'J 811W, 649.89 feet;
Thence 39§.07 feat on a curve to the right having a radius of 488.33 feet, a coow
angle of 4642'20", a chard bearing ofM 1'19'08':W, and a chord length of 387.14
feet;
Thence N02002'02'7, 720ATfect;
Thence 1-6,95 feet on a cum to the left having a radim of 511.67 feet a contral angle
of 1*53'12", a chord bearing of N01'05'267E, and a chord length of 16.95 fent;
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southwest quarter to a5/8 inch i;eboxmarling the southwest cornet orf Retifeather
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County, ind the northwest w=cx of theeasthalf bf the southwest quarter; -
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Theneo N89°50'47'E,1330,66 feet alo40e south line o€Redfeather Estates
Subdivision No. 7, ttic south line of 4dfu&cr Esta Subdivision No. 6, Book 94
of Plats at Pages 11318 &1.18X9, records of Ada County„and the northlme of the
i east a 5/91och rebar marking the center quarter -
section cameY,
Thonee S00°10'49"W, 1314.7 feet along the east line ofthe southwest E'jarW to it
12 finch rebar markigg the southwest comer bf Clover -Meadows Subdivision No. 3,
Book 24 of Plats at Pages 1524 & 1525, records, of Ada County;
Thenoe N89058+34"E, 662.97 feet along the south tfne ofClover Meadom
Subdivision No, -3 to a 1/2 iucb zebar marking We nortUwcst corner of Venture
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POW OF BEODR41N0.' �
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