2002-376 Boys & Girls Club LeaseRESOLUTION NO of X2746
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO
ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED
"LEASE AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND BOYS & GIRLS
CLUB OF ADA COUNTY, IDAHO, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO, INC., denoted as "LEASE
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution,
the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of
Meridian that certain agreement with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC., entitled "LEASE AGREEMENT" a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of
�.. , 2002.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this �8 day of
2002.
ATTEST:
—,ALz�
CITY CLERK
z:\Work\M\Meridian\Meridian 1536ONMesolutions City
.jAL =
[ONB 1IMS6:x.UBLEASEAGMT061702.doc
RESOLUTION - BOYS & GIRLS CLUB OF ADAQ���7
LEASE AGREEMENT ��'f+ttrrit rtattit't���
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal office at 33
East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and minutes
and do hereby certify that on the day ofe-/G� , 2042, the following action
has been taken and authorized.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO
ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED
"LEASE AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND BOYS & GIRLS
CLUB OF ADA COUNTY, IDAHO, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO, INC., denoted as "LEASE
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution,
the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of
Meridian that certain agreement with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC., entitled "LEASE AGREEMENT" a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.``++,,+►++"I II III
pig fRJ
William G. Berg, Jr.
CERTIFICATE OF CLERK — BOYS & GIRLS CLUB LEASE AGREEMENT
STATE OF IDAHO,
: ss:
County of Ada.
On this is day of , 2002, before me,
,� a Notary Public, appeared WILLIAM G.
BERG. JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that
executed the said instrument, and acknowledged to me that he executed the same on behalf of the
City of Meridian.
,. ON S.4f-*..
(SEAL) • �� i —��.
" ( ° Notary Public for Idaho
r �
IL
`
'•�e �Commission Expires: — OS
)XResidence:
v
Z:lworklM\Meridian\Meridian 15360WResolutions City Mall\20021CERTofCLKonRESOLUBoys&GirlsClubLeaseAgmt061702.doc
CERTIFICATE OF CLERK — BOYS & GIRLS CLUB LEASE AGREEMENT 2
MeddWn City Courmit meeting
June 18. 2002
Page 7 of 61
Watson: Thank you.
L. Appointment of Impact Fee Committee Member's and Administrator:
Corrie: Thank you, Brad. Item 6-L, the appointment of Impact Fee Committee Members
and Administrator. My recommendation to the Council is — on the members of the Impact
Fee Committee, there was a mistype on that Jim Keller is a member of the Meridian Parks
and Recreation Committee, not the department. And so I would like to submit the names
of Keith Borup, builder; Phil K6chbaum at JUB Engineers; Gene Strate, Ada County
Association of Realtors; Jim Keller, Meridian Parks and Ree. Commission, Dave
Folkerson, accountant; Dan Wood, developer, and Shari Stiles, Meridian Planning and
Zoning Department. Those are the names that I would like to have on the Impact Fee
Committee for consideration of the Council and then on the administrator I would like to
have Tom Kuntz of the Meridian Parks and Recreation Department as the administrator.
So l will stand for any questions as to the appointments.
Nary: Mr. Mayor?
Corrie: Mr. Mary.
Nary: No. I'd move the approval of those specific members to the City of Meridian Impact
Fee Advisory Committee and also approval of Mr. Kuntz as the impact fee administrator.
Bird: Second.
Corrie: Motion has been made and seconded. Is there any further discussion? Hearing
none, roll -call vote, Mr. Clerk.
Roll -Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL ALES.
Item 7: Resolution No. : Approve Lease Agreement with
Bos & Girls Club of Ada County, Inc. for use of old Meridian Police
Department building:
Corrie: Resolution, item No. 7. Resolution 02-376, approval of a lease agreement with
Boys & Girls Club of Ada County, Inc., for use of the old Meridian Police Department
building. At this time I'd like to have the Clerk read the Resolution by title only at this point.
Berg: Thank you, Mr. Mayor, Members of the Council. Resolution No. 02-376. A
Resolution of the City of Meridian -- excuse me -- a resolution of the City Council of the
City of Meridian setting forth certain findings and purposes, authorizing the Mayor to enter
into on behalf of said municipality, an agreement entitled Lease Agreement between the
City of Meridian and Boys & Girls Club of Ada County, Idaho, Inc.
McWian City Coundl Meeting
June 18, 2402
page 8 or 61
Corrie: Okay. Is there anyone from the audience that would like to have the resolution
read in its entirety? Okay. Council, I will entertain a motion on Resolution No. 02-376.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd
De Weerd: I move we approve Resolution No. 02-376, approve the lease agreement with
the Boys & Girls Club of Ada County for the use of the old Meridian Police Department
and to have the Mayor sign and Clerk attest.
Bird: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing
none, roll -call vote, Mr. Berg.
Roll -Call: McCandless, aye, Nary, aye, de Weerd, aye; Bird, aye.
Corrie: All yeas. Motion is carried.
MOTION CARRIED: ALL AYES.
Item 8: Resolution No. : Approve Lease Agreement with
Department of Corrections Parole & Probation for space in new
Nleridian Police Department building:
Corrie: Item No. 8 is a Resolution to approve the Lease Agreement between the
Department of Corrections Parole & Probation for space in the new Meridian Police
Department building. Mr. Nary.
Nary: Mr. Mayor, I'd ask that we table Item No. 8, Resolution No. 02-377 -- or do we gime it
a number since we -- okay. That we table Item No. 8, the Resolution for the Lease
Agreement until our next meeting of dune 24th.
Bird: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all
those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Resolution No.
Resolution:
Prosecutor Cross Depulization
Corrie: No. 9, Resolution — and I must assume that its going to be 02-377, which is a
Prosecutor Cross -Depulization Resolution. If the Cleric would read that by title of the
resolution.
LEASE AGREEMENT
THIS AGREEMENT is made and entered into this I, day of
, 2002, by and between THE CITY OF MERIDIAN, IDAHO, an
Idaho Municipal Corporation, hereinafter referred to as the "Lessor," and BOYS
& GIRLS CLUB OF ADA COUNTY, IDAHO, INC., hereinafter referred to as
the "Lessee."
Recitals
WHEREAS, Lessor owns the following described real property
which is currently used as a police station in the City of Meridian, Idaho; and
WHEREAS, the police station will be moving to new quarters in the
near future; and
WHEREAS, Lessee desires to lease the following described real
property, at such time as it is vacated by the Lessor, for the purposes of operating
a boys and girls club; and
WHEREAS, it is deemed to be in the best interests of Lessor to
enter into this Lease Agreement and Lessor does so enter into this Lease
Agreement in reliance upon Lessee's intention.
NOW, THEREFORE, the parties covenant and agree that Lessor,
for and in consideration of the rents, covenants and agreements hereinafter
mentioned on the part and behalf of the Lessee to be paid, kept and performed,
does by these presents grant, demise and lease unto the Lessee, and the Lessee
does by these presents hire, rent and take from the Lessor, the following
described real property, hereinafter referred to as the "premises," to -wit:
See Exhibit "A" attached hereto and, by this reference,
incorporated herein as if set forth in full.
TO HAVE AND TO HOLD the premises, together with its
appurtenances, privileges, rights and easements thereto belonging, unto the
Lessee for the term of ten (10) years, such term to commence on August 1, 2002
or upon Lessor's vacation of the premises by the police department, and
LEASE AGREEMENT • 1
terminate ten (10) years from the commencement date, subject to an option to
renew as set forth in paragraph 23 of this Lease.
1. RENTAL: Lessee shall pay to Lessor the sum of One Dollar
($1.00) per year as and for rental of the premises, which sum shall be payable
each year on the anniversary date of this Lease Agreement, commencing with the
execution of this Lease Agreement.
2. USE OF PREMISES: Lessee intends to use the premises for
the operation of a boys and girls club according to the rules and regulations of
Lessee, and any other business that is compatible therewith, and shall not be
used for any other purpose or purposes without the prior written consent of
Lessor.
In its use of the premises, Lessee agrees that it will not discriminate
on the basis of race, creed or religion as to any youth using the facility, and
Lessee will comply with all civil rights laws, rules and regulations which apply
to governmental agencies in general.
3. ALTERATIONS AND IMPROVEMENTS: Lessee shall
have the right to make improvements or alterations to the premises. Lessor and
Lessee agree that upon the termination of this Lease, or in the event the Lessee
voluntarily or involuntarily ceases to occupy the premises, all improvements and
alterations which shall have been made or added to the premises by Lessee shall
revert to the Lessor and shall become a part of the real property so leased herein.
4. MAINTENANCE: Lessee will maintain the leased premises
and all improvements placed thereon by Lessee during the full term of this
Lease.
5. SIGN: Lessee shall have the right to place a reasonably sized
sign upon the premises for the purposes of announcing Lessee's facility;
provided, however, that said sign will not obstruct the vision of the leased
property on either side of the property subject to this Lease Agreement. Upon
termination of this Lease, Lessee shall have the right to remove said sign from
the premises so long as Lessee repairs any damage to the structure occasioned
by such removal at Lessee's own cost.
6. 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.
LEASE AGREEMENT - 2
7. UTILITIES: It is expressly agreed that during the full term
of this Lease, Lessee shall furnish and promptly pay for all heat for the said
premises and shall pay for all other water, gas, electricity, power and other
utilities used in or about said premises at Lessee's own cost and expense.
8. TAXES AND ASSESSMENTS: The premises is exempt
from taxes and assessments.
9. ASSIGNMENT OR SUBLEASING: Lessee shall not
assign this Lease without the written consent of Lessor first obtained.
10. AUTOMATIC CANCELLATION: It is understood and
agreed that voluntary or involuntary filing of bankruptcy, or assignment for the
benefit of creditors, or any other act of insolvency by or on behalf of the Lessee
shall automatically cancel this Lease, and Lessor shall be entitled to immediate
possession of the leased premises.
11. DAMAGE OR DESTRUCTION: It shall be Lessee's
responsibility to insure the buildings and improvements on the premises from
damage by fire, the elements, explosions or other causes. In the event of any
damage, Lessee will, at Lessee's own proper cost and expense, cause the same
to be repaired and restored to the same condition as before such damage was
done, subject to delays due to adjustment of insurance claims, strikes and other
causes beyond Lessee's control. If the buildings or structures on the premises
shall be so damaged as to be unfit in whole or in part for occupancy or use in the
manner and form as theretofore used, Lessee shall cause the same to be promptly
restored, repaired and rebuilt to the same condition as before such damage was
done; provided, however, that if at any time during the term of this Lease or any
renewal thereof the buildings and structures located upon the premises shall be
destroyed to the extent of fifty percent (50%) or more of the replacement cost of
all buildings and structures located upon the premises, the Lessor may elect to
terminate the Lease as of the date of such damage or destruction by written
notice to Lessee, and Lessee shall thereafter be under no obligation to restore,
repair or rebuild said buildings or premises, and Lessee shall be under no
obligation to pay any rental from and after the date of such damage or
destruction.
12. FIRE HAZARDS: The Lessee shall not do anything in the
premises or bring or keep anything therein which will increase the risk of fire,
or which will conflict with the regulations of the fire department or any fire
laws, or with any fire insurance policies on the buildings, or with any rules or
ordinances established by the board of health, or with any municipal, state or
federal laws, ordinances or regulations.
LEASE AGREEMENT - 3
13. LABOR CONTRACTS AND EIVIPLOYEES: The parties
expressly covenant and agree that all labor contracts and employment
agreements with employees 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 employees of Lessee
or any acts of persons working for Lessee under a labor contract.
14. RIGHT OF INSPECTION: Lessor shall have the right to
enter the premises at any reasonable time to examine the same and to determine
the state of repair or alterations which shall or may be necessary for the safety
and preservation of the premises.
15. 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.
16. LIABILITY: 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, third party guests or invitees 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, latent or otherwise, in any building, structure or improvement on or
hereafter constructed by Lessee on said premises, and Lessee agrees to
indemnify and hold harmless Lessor from such liability.
17. LIABILITY INSURANCE: Lessee shall maintain a
comprehensive liability insurance policy covering the premises and all buildings,
structures and improvements thereon 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. Lessee shall furnish Lessor with a certificate of such liability
insurance stating that said insurance is in full force and effect during the term of
this Lease or any extension thereof and shall name Lessor as an additional
insured on such insurance policy or policies.
18. FIRE AND EXTENDED COVERAGE INSURANCE:
Lessee shall be obligated to maintain fire and extended coverage on the
structures located on the premises for the full insurable value thereof and Lessee
shall name Lessor as an additional insured thereon. Lessee shall furnish Lessor
with a certificate of such insurance coverage at least annually. Lessee may
maintain fire and extended coverage on the contents and personal property of
LEASE AGREEMENT - 4
Lessee located with said structures as Lessee desires, but Lessor shall be under
no obligation to maintain any fire or extended coverage insurance on those
contents or personal property of Lessee.
19. 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. Any condemnation award
shall be divided between the parties hereto in accordance with and in proportion
to their respective Lessor and Lessee interests.
20. SURRENDER OF POSSESSION: Lessee agrees to
surrender possession of said leased premises, together with all buildings,
structures and improvements thereon and all fixtures therein, to Lessor at the
expiration of this Lease Agreement, wear and tear, reasonable use and occupancy
and damage by the elements excepted.
21. DISSOLUTION OF LESSEE: Lessee contractually requires
in its bylaws that in the event of its dissolution, all assets of Lessee shall be
distributed to any 501(c)3 organization, not exclusively for purposes consistent
with Lessee's mission.
22. NOTICES: All notices required to be given to each of the
parties 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:
Lessor: City of Meridian, Idaho
33 E. Idaho Avenue
Meridian, ID 83642
Lessee: BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC.
610 E. 42nd Street
Garden City, ID 83714
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 otherwise expressly provided herein.
23. OPTION TO RENEW: Provided this Lease is in full force
and effect and the Lessee is not in default hereunder, Lessor hereby grants to
Lessee an exclusive option to renew this Lease for an additional term certain of
ten (10) years commencing with the expiration of this Lease Agreement. All
LEASE AGREEMENT - 5
terms of a renewed Lease shall be the same as the terms of this Lease
Agreement. Should Lessee desire to exercise this Option to Renew, Lessee shall
notify Lessor in writing at least sixty (60) days prior to the expiration of the
original term of this Lease Agreement. In the event of Lessee's failure to notify
Lessor in the time and in the manner specified, this option shall be null and void.
In the event Lessee does not exercise the option as herein provided,
Lessor shall have the right to place signs upon said leased premises indicating
the same are available for lease or sale and Lessor shall have the right during
said sixty (60) days to show said leased premises to prospective lessees or
purchasers.
24. FIRST RIGHT OF REFUSAL: In the event, during the
term of the lease, Lessor receives a bona -fide offer to purchase the leased
premises and desires to accept said offer, then Lessor shall first send to Lessee
written notice setting forth the name of the prospective purchaser and the
proposed purchase price and terms and Lessor shall offer to sell the leased
premises to Lessee at the same price and upon the same terms set forth in said
notice. Lessee shall have thirty (30) days to accept or reject said offer. If Lessee
fails to accept said offer within said thirty (30) days, then Lessor shall have the
right to sell the demised premises to the person and upon the price and terms as
set forth in said notice. Any such purchaser shall acquire the leased premises
subject to all of the terms and conditions of the Lease. Agreement, including but
not limited to the right of first refusal set forth in this paragraph and the option
to renew as set forth in the previous paragraph.
25. REPRESENTATIONS: It is understood and agreed by and
between the parties that there are no verbal promises, implied promises,
agreements, stipulations, representations or warranties of any character
excepting those set forth in this Lease Agreement.
26. BINDING EFFECT: The provisions 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.
27. 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.
28. 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.
LEASE AGREEMENT - 6
29. 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.
LEASE AGREEMENT - 7
IN WITNESS WHEREOF, Lessor and Lessee do execute this Lease
Agreement the day and year first above written.
THE CIT MERIDIAN, IDAHO
`,oarFo . By.
Zrt D. Corrie, Mayor
SEAL = 6� C��
p . p fittest:
•.,� r ys,�William G. Berg, Jr., City Clerk
9 P
•���iF�C �� �� ; ,��� "Lessor"
BOYS & GIRLS CLUB OF ADA
COUNTY, IDAHO, INC.
j a/Z:%WorklMlMeridianV-reaseofpoiicedepttoboysand&Isclub.wpd
LEASE AGREEMENT - 8
EXHIBIT "A"
Lots 5 and 10, and the North 90 feet of Lot 6, 7 and 8, and the East 8.5
feet of the South 30 feet of Lot 6, ALL in Block 6 of the Amended Plat of
the ORIGINAL TOWNSITE OF MERIDI.A,N, as shown on the Official
plat thereof, filed in Book I of Plats at Page 30, Official Records, Ada
County, Idaho.
LEASE AGREEMENT - 9