Loading...
Agreement of Lease Cherry Lane Recreation 11-03-1978LEASE AGRLEMIENT This Lease ' m de this �'� r d .'� d a x of 19 by and betwcen ; -` W}�itc _Riedel _---- ----- - - -- hereinaftex designated as le;:;or, and Cl�err 7,ane Rec'reation', Incornbrated - r hereinafter designated as lessee, 11 1 T N E S S E T H / 1- The Lessor, in consideration of the rent reserved herein to be paid by said lessee and of the other covenantsr agreements and conditions hereinafter contained to be kept, performed and observed by said lessee, docs hereby let and lease unto said lessee those certain premises located on lot Block' _ter Cherry Line Village Subdivision for the purpose of operating A golf shop d,nd club house, and for no other purpose, for the term beginning on the /S -- day of _ /1 -c ..-� Y, ` 1 _ - --- —. 9_ 79' and ending on the --- day of 1g.SV _ 2. The lessee, in consideration of the demise and of the covenants and agreements made herein by said lessor, leases said premises for said term and does hereby promise to pay to said lessor, his representatives and assigns as rental for said promises the sum of 'Eighty -fou hundred and no/100ths , ($8400.00)__ - _dollars in lawful money of the United States, payable as follows:(1)an initial payment of $350.00 which payment shall be applied toward the last month's payment due hereunder; (2) the remainder payable in equal monthly instalments of $350.00 per month due on or before the 1st of" each and every month of occupancy; (3) said paInnents to commence:, /S 1978 and to continue likewise for 23 succeeding month's or until otherwise terminated as provided herein. LEASE JkGREEMENT, rage 1 3. A.ddi.tions a.nd Alterations. That the Lessee will make no alterations, i.n or' add,i.t ons or improvements to or xepai.r said premises without in each`ca.se the written consent of the Lessor first had and obtained. The Lessee shall in making a,ny such alterations, additions, or improvements a.nd/or in using and/or occupying the premises, comply with the Building Code and ordinances of Ada County and all the laws of the State of Idaho pertaining to such work and/or such use or occupancy, / 4. It being further covenanted and agreed that any additions, or improvements made by the Lessee (specifically to include any and all drapes or draperies therein installed) shall become and remain a part of the building and be and remain the property of the Lessor upon the termination of this Lease. 5. The Lessee will save, indemnify and hold harmless the Lessor from and against all expenses, liens, claims, or damages to either property or person which may arise by reason of any such repairs, alterations, improvements, or additions. 6. Lessor does hereby reserve the right to the use of that portion of the premises known as the garage area for the purpose of conducting sales of real property therefrom, and to use said gaYage area as a sales office. 7. The lessee accepts said premises in their present condition and agrees to keep said premises in a good clean condition; to make no alterations or additions to the same; to commit no waste thereoni to obey all laws and ordinanceg affecting said premises; to replace all glass broken or cracked; to 'repay the lessor the cost of all repairs made necessary by the negligent or careless use of said premises; and, to surrender the premises at the ter- mination hereof in like condition as when taken, reasonable wear and damage by the elements excepted. LEASE AGREEMENT, Page 2 • B. It is understood that if the lessee shall be unable to enter into and occupy the premises leased at the time above pro- vided by reason of said premises not being ready for occupancy, or by reason of the holding over of any previous occupant of said premises, or as a result of any cause or reason beyond the direct control of the lessor, the lessor shall not be liable in damages to the lessee therefor but during the period the .lessee shall be unable to occupy said premises as hereinbefore provided the rental therefor shall be abated. If said lessor is not able to deliver possession to said lessee within 2 ' _ days of the date named for the commencement of said term, the lessee may cancel and terminate this lease. 9. The lessee shall furnish heat during the usual heating season, electric current for lighting and operation of any equipment installed therein, any gas for cooking, and any hot and cold water as shall be required and lessor shall not be liable for failure to furnish any of the above named. services from any cause whatsoever, nor shall failure so to do be grounds for eviction pro- vided lessor exercises reasonable diligence to remedy any such failure as is caused by lessors construction of said premises. 10. In case of partial destruction or injury to said premises by fire, the elements or other casualty, the lessor shall repair the same with reasonable dispatch after notice to him of such destruction or injury. In the event said premises are rendered totally untenantable by fire, the elements or other casualty, or in the event the building of which the demised premises are a part (though the demised premises may not be effected) be so injured or destroyed that the lessor shall decide within a reasonable time not to rebuild, the term hereby granted shall cease and the rent shall be paid up to the date of such injury or.damage. LEASE AGREFXENT, Page 3 0 11. The lessor, his agent, janitor, watchman and employees may enter said premises at any time with pass key or otherwise to examine same or to make needed repairs to said premises and if the premises consist of only a part of a structure'owned or controlled by the lessor, the lessor, his agent, janitor or watchman or em- ployees may enter the demised premises at reasonable times to install or repair pipes, wires and other appliances deemed by the lessor essential to the use and occupation of other parts of the building, f 12. The lessee further covenants that he will not allow anyone to share said premises, keep roomers or boarders, nor assign, sublet or transfer said premises or any part thereof without the lessors consent endorsed in writing hereon; also, that the written assent hereon to one assignment or transfer of this lease 'or' sub- letting shall not be considered as a waiver of *this covenant by the lessor to any subsequent assignment, transfer or subletting, nor shall such written assent to any assignment or transfer, 1. re- lease said lessee from liability hereunder. 13. It is agreed by and between the lessor and the lessee that if the whole or any part of said premises hereby leased shall be taken by any competent author.J,ty for any public or quasi -public use or purpose, then and in that event, the term of this lease shall cease and terminate from the date when the possession of the part so taken shall be required for such use or purpose. All damages awarded for such taking shall belong to and be the property of the lessor. 14. The lessee covenants that the lessor shall not be liable for any damage or injury of the lessee, the lessee's agents or employees or to any person entering the premises or the building of which the demised premises are a part,,or to goods or chattels therein resulting from any defect in the structure or its equipment, or in the structure or equipment of the structure of which the demised premises are a part, and, further to indemnify and save the lessor harmless from all claims of every kind and nature. LEASE AGREEMENT, Page 4 15; The lessoe covenants that in event of a partia•1 eviction occasioned by act or neglect of the lessor'that does not materially affect the beneficial use by the lessee, the obligation to pay rent shall not abate but possession'shall be restored or the rental reduced proportionately at the option of the lessor..• 16. All payments of rents shall be made at the office of White-Riedel & Company agents for the lessor, or at such other place as the lessor may designate in writing. 17. The lessee covenants and agrees that any rules and reg- ulations attached hereto, or as such shall hereafter be adopted by the lessor and made known to lessee, shall have the same force and effect as covenants of said lease, and the lessee covenants that he, his family and guests will observe all such rules and regulai-ionf 18. Lessee further covenants and agrees that upon the expira- tion of said term, or upon the termination of the lease for any cause, he will at once peacefully surrender and deliver up the whole of the above described premises together with all improvements thereon to the lessor, his agents and assigns. 19. The lessee covenants that his occupancy of the said premise beyond the term of this lease shall not be deemed as a renewal of this lease for the whole term or any part thereof, but that the acceptance by the lessor of rent accruing after the expiration of this lease shall be considered as a renewal of this lease for one month only and for successive periods of one month only, 20. The lessor may encumber the premises by mortgage or mort- gages, securing such sum or Sums and upon such terms and conditions as the lessor may desire, and any such mortgage or mortgages so given shall be a first lien on the land and buildings superior to the rights of the lessee herein. LEASE AGREEMENT, Page 5 21. Sa.i.d l.e.sspr covenants that said lessee pn' payment of all of the afoxesai.d installments and perforigirig All the 'covenants and observing all the rules and regulations shall and may peacefully and quietly have, hold and enjoy the said demised premises fox the term aforesaid.. 22. Provided that in case any rent shall be due and unpaid or if default shall be made in any of the covenants herein con- tained, or if said premises shall be abandoned, deserted /or -vacated then it shall be lawful for the 'said lessor, his agents, attorneys, successors or assigns to 're-enter, repossess the said premises and the lessee and each 'and every occupant to remove and put out, and upon re-entry as aforesaid this lease shall terminate, In the event or reentry by the lessor as herein provided lessee shall be liable in damages to said lessor for all loss sustained, 23. It is understood and agreed that the terms lessor and lessee shall include the executors, administrators,• successors, heirs and assigns of the parties hereto. IN WITNESS WHEREOF, the lessor and the lessee have executed these presents, the day and year first above w7ritteri, Witnes-s As To Lessor Witness AS To Lessee LEASE AGREEMENT, Page 6 OF% M1:M' J1(ANPjjM 4 This mc.-Illol 1978, is entered 6 1jUtWe(!Jl the pill t that a P"I'l—se of (living public notice.,. 7 1(--dSe has !cellthe parties in accordance with the ycneral�provis.iuns below. 9 Parties. The City Of Me a Municipal 10 corporation, as Lessor and Cherry Lanen 11 Idaho corporation, as J-0-s!ice. C, an • 12 2- Term. "'we"tY-five (25). ye,jrs with renew for thirty (30) Yezirs andsuccessiveto be III OpLion 13 0 i negotiated 7 -VIM. Pt Ons/Or ten (10) 14 years beginning October 3, 1978. 3. Property Alf f L -C Led Part of ';Lct-1011 3, Township .16 3 North, Range 1 West Boise Meridian in Ada COUnLy, Iddho, as is more 17 particularly described on a deed frOill Nu Pacifi, Company, an Oregon corporation, to the City Of Meridian, Idaho, a 19 L- Imunicipal corporation, reorde;d in the records Of Ada County, 20 Idaho as Instrument No. ..................... 21 4. Consideration. For good and valuable consideration. 22 CIT MERIDIAN 23 b 24 May rj—r Y Clerk CHERRY LANE RECREATION, INC. 7 f - 7, by President - tv 4 .,.MEMORANDUM OF LEASE U fit) STATE OF IDAHO ) " ss. ' County of Ada ) On this ,22_- day of October,' 1978, before me, the undersigned, a Notary Public in and for said State, personally appeared mph /j%• SV -----6 known to me to be the Mayor of;the7City of Meridian, Idaho, and known to me to be the persons whose name is subscribed to the with}n instrument,, and acknowledged to me that he executed the same on behalf of•the City of Meridian. IN WITNEPS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writte.p, c *-ary P lic in and or Idaho Residing at -Boise-, Idaho , STATE OF IDAHO ss. County of Ada • On this 02;- day of October, 1978, before me, the undersigned, a Nota y Public in and for said State, personally appeared fiop¢r,Z,q� ,}y,y� known to me to be the President of Cherry Lane Recreation, Inc., whose name is subscribed to the within instrument, and acknowledged to me that lie executed the same on behalf of Cherry Lane Recreation, Inc. IN. WITNESS WHEREOF, I have hereunto set, my hand and affixed My official seal the day and year in this certificate first.,qk?ove written. MEMORANDUM OF LEASE ;: IVo ary Pu is in and fbr Idaho „�; `,4 l •: Residing n g t-R�, Idaho '.,. •gip MEMORANDUM OF LEASE