Land Lease Agreement with Ken Hamilton dba Ken Hamilton PresentationsLAND LEASE AGREEMENT
THIS LEASE, made and entered into this �` day of
1995, by and between the CITY OF MERIDIAN, a municipality and
political subdivision of the State of Idaho, hereinafter referred
to as Lessor, party of the first part, and Ken Hamilton d/b/a KEN
HAMILTON PRESENTATIONS, hereinafter referred to as Lessee, party of
the second part,
W I T N E S S E T H:
FOR AND IN CONSIDERATION of the rentals hereinafter provided,
and the covenants and agreements hereinafter set forth, Lessor
hereby leases and demises to Lessee, for the term herein stated,
the property, described in Exhibit "A" hereto, by this reference
incorporated herein as if set forth in full, which shall be
hereinafter referred to as the "leased premises" for the
convenience of the parties hereto.
This agreement is subject to the following terms and
conditions to which the parties mutually agree:
TERM: This lease agreement shall be effective upon its
execution until December 31, 1999, subject to LESSOR'S right to
terminate the term of this lease as herein below set forth.
RENTAL: As rental for the leased premises, Lessee agrees to
pay Lessor, at the address hereafter provided for giving notice to
Lessor, the sum of TWO HUNDRED FIFTY AND N0/100 DOLLARS ($250.00)
per year for the term of this lease agreement which shall be
payable on January 2, of each year, commencing January 2, 1995.
NO RIGHT OF FIRST REFUSAL ON SALE: In the event Lessor
decides to sell the above described premises, it is understood and
agreed that Lessor has not granted to Lessee a right to purchase
the premises; it is specifically understood that in the event
Lessor does sell the said property, it will have to be sold to the
highest bidder but that Lessee may bid on the property.
USE OF THE PREMISES: It is understood Lessee may use the
property as a parking area and/or for an extension of the "pit"
area; LESSEE shall install a walk-through gate leading to the
Storey Park; Lessor and Lessee shall each have keys and shall lock
and unlock the east bypass gate according to their respective uses;
that the north gate to the leased property shall be open during the
racing season of the Meridian Speedway during the race season from
9:00 o'clock a. m. to 5:00 o'clock p. m.; that LESSEE has the
option and right to fence off the leased property from the Meridian
Speedway stadium; that the LESSOR may use the non -paved area of the
"pit" area if it desires to if prior written notice and
arrangements, written or non -written, are made with LESSEE.
It is agreed that this parcel of property is land owned by the
Lessor; that its purchase and maintenance by Lessor was facilitated
with the assistance of funds from the United States Bureau of
Outdoor Recreation and the Lessor is not to use, or allow, this
land to be used for a profit. It is therefore, agreed that Lessee
may have the use of the land for parking and other uses, but Lessee
agrees that he shall not charge a price for parking on the land or
for any other use of the land.
MAINTENANCE AND REPAIRS: Lessee shall be totally responsible
for all maintenance and repairs on the premises.
EXPENSES AND.UTILITIES: Lessee shall pay any and all expenses
CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 2
of every nature accruing by reason of Lessee's use and occupancy of
the leased premises.
DESTRUCTION OR DAMAGE: Lessee shall have the total risk of
loss or damages to the leased premises.
EMINENT DOMAIN: In the event that any governmental entity
other than Lessor shall take the premises by use of eminent domain
the Lessor shall receive the value of the land.
INSURANCE AND INDEMNITY: Lessee agrees that he will, and he
does hereby, indemnify and save Lessor harmless from all claims,
judgments, demands and liability of any person or parties
whatsoever resulting from any occurrence, injury or accident
arising as a result of the negligence of the Lessee, his employees
or agents, which takes place during the term of this lease
agreement on or about the premises. Lessee shall obtain liability,
premises and on -premises medical insurance insuring Lessee with
Lessor named as an additional insured on the premises and any
buildings located thereon, such policy or policies of insurance
shall have a minimum limit of $500,000.00 or such other amount as
Lessor shall designate. Lessee shall furnish copies of all
insurance policies to Lessor and all renewals thereof, and shall
keep all such policies in a current status.
TERMINATION OF TERM: As stated above in the paragraph TERM,
LESSOR may terminate the term of this lease if the United States
Bureau of Outdoor Recreation determines that this Lease or the use
of the property, by LESSOR or LESSEE, violates any of the terms Of
the grant with which the LESSOR was able to acquire the property;
if the term of the lease is terminated for the reason herein
CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 3
stated, LESSOR shall refund to LESSEE that portion of the lease
payment for the year, on a pro rata basis, for the time period that
LESSEE was unable to use the property.
TERMINATION UPON DEFAULT: In the event of default of this
lease agreement the Lessor shall give written notice of such
default to the Lessee by postage prepaid, certified mail. If the
Lessee's violation of the lease shall continue for thirty (30)
days, the lease may at once be terminated by a second notice to the
Lessee by postage prepaid certified mail that the lease is
terminated. This lease shall terminate as follows:
a) At the expiration of the term provided herein;
b) Upon determination of the Lessor that the Lessee has
failed to observe any of the conditions, exceptions or
reservations or to fulfill any of the provisions set out
in this agreement;
c) At the option of the Lessor on the discontinuance of
use of the leased premises by the Lessee; or
d) By the mutual agreement of the parties hereto.
OTHER MATTERS:
a. Nothing herein contained shall be construed to create the
relationship of partners, joint venturers, or parties to any
joint enterprise in any manner between Lessor and Lessee.
b. In construing this Lease, the singular shall include the
plural, and the neuter gender shall include the masculine and
feminine, all as the context may require.
C. In the event either party is required to institute any
legal action in order to enforce any of the rights,
agreements, covenants or conditions herein contained, the
prevailing party in such litigation shall be entitled to
recover such party's reasonable attorney fees from the other
party, together with costs of suit, the amounts thereof to be
fixed by the Court in such legal action.
d. The forbearance or failure of any party hereunder to give
prompt notice of default or termination of this Lease by
reason of any act, omission or occurrence, or to strictly
CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 4
enforce any covenant hereof, shall not be deemed a waiver of
any of the provisions of this lease agreement as regards any
other or further such default or breach, act, omission or
occurrence, nor shall consent or approval of Lessor given in
one instance be construed to waive the necessity for such
consent or approval as regards any other or further similar
act by Lessee, unless such intention be expressly stated in
writing by Lessor.
e. In the event any clause or provision of this Lease is
declared by any Court to be invalid or unenforceable for any
reason, such invalid or unenforceable clause or provision
shall not affect the whole of this instrument, but the balance
of the provisions hereof shall remain in full force an effect.
f. All of the provisions hereof shall enure to the benefit
of and shall be binding upon, the heirs, executors,
administrators, personal representatives, successors and
assigns of all parties.
NOTICES: All notices hereunder shall be in writing and shall
be deemed given when personally delivered to the employee or
managing agent in charge of the receiving party's business premises.
at the time of service thereof, or when deposited in the United
States mail, postage fully prepaid, by certified mail, addressed to
such other party as follows:
NOTICES TO LESSOR:
NOTICES TO LESSEE:
QUIET ENJOYMENT BY LESSEE:
WILLIAM G. BERG, JR.
CITY CLERK
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Ken Hamilton
P. 0. Box 150
Meridian, Idaho 83680
Upon performing all of its
duties and obligations hereunder in accordance with the terms and
conditions of this Lease, Lessee shall be entitled to quietly and
peaceably have, hold, occupy, possess, and enjoy the leased
premises during the term hereof, without hinderance or ejection by
CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 5
persons lawfully claiming under Lessor.
ASSIGNMENT AND SUBLEASE: Neither this lease agreement, nor any
interest in the leased premises may be assigned or in any manner
transferred by Lessee, without the prior approval of Lessor
expressed in writing.
IN WITNESS WHEREOF, this lease agreement has been duly
executed by the respective parties, the day and year first above
written.
LESSOR:
CITY OF MERIDIAN, a municipality
and political subdivision of the
St to of Id
BY
0'
Grant P. Kingsford, Mayor
\\ ov� a !!llli� ii
G ,2G��FsUf�4 TFO
ATTEST:
SEAL _
City Clerk, Willi -"/Berg, Jr. L{�,� SCP
LESSEE:
Ken Hamilton
CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 6
STATE OF IDAHO,
Ss.
County of Ada,
On this // day of Z�L;, 1995, before me, the
undersigned, a Notary Public ([n and for said State, personally
appeared the Mayor and City Clerk, respectively, of the CITY OF
MERIDIAN, a municipality and political subdivision of the State of
Idaho, known to me to be the entity that granted the authority to
the said individuals to subscribe their names to the within and
foregoing instruments in their capacity as Mayor and City Clerk,
and acknowledged to me that they executed the same in the name of
the CITY OF MERIDIAN.
IN
officia
written.
WITNESS WHEREOF, I have hereunto set my hand and affixed my
1 seal the day and year in this certificate first above
rY.,cnzafsrrar
♦ 7
( SEAL )
STATE OF IDAHO,)
BB.
County of Ada, )
C PUBLIC FOR IDAHO
Lng at Meridian, Idaho
cow ,, %ss,aw C�/reu a8� s/99
; _'Jk` a
On this `) day of 1995, before me, the
undersigned, a Notary Publi in and for said State, personally
appeared Ken Hamilton, known to me to be the person who subscribed
his name to the within and foregoing instrument and acknowledged to
me that he 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.
A
( SEAL ) N ARY PU LIC., IHO
Re'*iding ate.' _'
CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 7
CITY OF MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
Order No. •� Date
Name t -h
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KEN HAMILTON PRESENTATIONS 3996
P. O. BOX 158
335 E. 1ST, S. 888-2813 �¶
MERIDAN, ID 83642 C, 92-155/1247
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WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL- GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 8884433 • FAX (208) 8874813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 8884443
ROBERT D. CORRIE
Mayor
December 2, 1996
Ken Hamilton
Ken Hamilton Presentations
335 E. 1 st Street
P.O. Box 158
Meridian, ID 83680
888-2813
Dear Mr. Hamilton
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
KEITH BORUP
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
I have received your land lease payment for the 1997. It is also required for me
to have "copies of all insurance policies and renewals thereof," submitted by
you. At this current time, I have not received any of this information. Please
submit this as soon as possible.
I appreciate your promptness of this payment. If you have any questions, please
don't hesitate to contact me.
Sincerely
William G. Berg, Jr.
City Clerk
of every nature accruing by reason of Lessee's use and occupancy of
the leased premises.
DESTRUCTION OR DAMAGE: Lessee shall have the total risk of
loss or damages to the leased premises.
EMINENT DOMAIN: In the event that any governmental entity
other than Lessor shall take the premises by use of eminent domain
the Lessor shall receive the value of the land.
INSURANCE AND INDEMNITY: Lessee agrees that he will, and he
does hereby, indemnify and save Lesser harmless from all claims,
judgments, demands and liability of any person or parties
whatsoever resulting from any occurrence, injury or accident
arising as a result of the negligence of the Lessee, his employees
or agents, which takes place during the term of this lease
agreement on or about the premises. Lessee shall obtain liability,
premises and on -premises medical insurance insuring Lessee with
Lessor named as an additional insured on the premises and any
buildings located thereon, such policy or policies of insurance
shall have a minimum limit of $500,000.00 or such other amount as
Lessor shall designate. Lessee shall furnish copies of all
insurance policies to Lessor and all renewals thereof, and shall
keep all such policies in a current status.
TERMINATION OF TERM: As stated above in the paragraph TERM,
LESSOR may terminate the term of this lease if the United States
Bureau of Outdoor Recreation determines that this Lease or the use
of the property, by LESSOR or LESSEE, violates any of the terms of
the grant with which the LESSOR was able to acquire the property;
if the term of the lease is terminated for the reason herein
CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 3
CITY OF MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
Customer's prn&(/L Z 19 6
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Name
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KEN HAMILTON PRESENTATIONS
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Meridian, Idaho 83642
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KEN HAMILTON PRESENTATIONS
P. O. BOX 158
335 E. 1ST, S. 888-2813
MERIDAN, ID 83642
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OFFICIALS
WILLIAM G. BERG, Jr., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P a Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
April 14, 1995
Ken Hamilton
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
Ken Hamilton Presentations
P.O. Box 158
Meridian, ID 83680
888-2813
RE: Land Lease Agreement
Dear Ken,
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433 a FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCILMEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
In reading the Land Lease Agreement between the City of Meridian and Ken Hamilton
Presentations, I notice the requirement by the Lessee to furnish copies of all insurance
policies to the Lessor. Please try and get this information to me by the time your season
starts.
Sincerely,
416, �—
William G. Berg, Jr.
City Clerk
of every nature accruing by reason of Lessee's use and occupancy of
the leased premises.
DESTRUCTION OR DAMAGE: Lessee shall have the total risk of
loss or damages to the leased premises.
EMINENT DOMAIN: In the event that any governmental entity
other than Lessor shall take the premises by use of eminent domain
the Lessor shall receive the value of the land.
INSURANCE AND INDEMNITY: Lessee agrees that he will, and he
does hereby, indemnify and save Lessor harmless from all claims,
judgments, demands and liability of any person or parties
whatsoever resulting from any occurrence, injury or accident
arising as a result of the negligence of the Lessee, his employees
or agents, which takes place during the term of this lease
agreement on or about the premises. Lessee shall obtain liability,
premises and on -premises medical insurance insuring Lessee with
Lessor named as an additional insured on the premises and any
buildings located thereon, such policy or policies of insurance
shall have a minimum limit of $500,000.00 or such other amount as
Lessor shall designate. Lessee shall furnish copies of all
insurance policies to Lessor and all renewals thereof, and shall
keep all such policies in a current status.
TERMINATION OF TERM: As stated above in the paragraph TERM,
LESSOR may terminate the term of this lease if the United States
Bureau of Outdoor Recreation determines that this Lease or the use
of the property, by LESSOR or LESSEE, violates any of the terms of
the grant with which the LESSOR was able to acquire the property;
if the term of the lease is terminated for the reason herein
CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 3
CITY OF. MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
Customer's -7' 19 75
Order No. Date
Name
Address 'AO -0•
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SOLD BY
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PRINTED IN U.S.A.
KEN HAMILTON PRESENTATIONS
P. O. BOX 158
335 E. 1 ST, S. 888-2813
MERIDAN, ID 83642
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