State of Idaho, Dept of Correction Seventh Lease Agreement for space at PD CITY OF MERIDIAN RESOLUTION NO. 20-2193
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERREAULT, STRADER
A RESOLUTION APPROVING AN EXTENSION OF THE LEASE AGREEMENT BETWEEN THE
CITY OF MERIDIAN AND THE STATE OF IDAHO, BY AND THROUGH THE DEPARTMENT
OF CORRECTION, FOR A ROOM AT THE MERIDIAN POLICE STATION, 1401 EAST
WATERTOWER STREET, MERIDIAN IDAHO, TO BE USED FOR PROBATION AND PAROLE
OPERATIONS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST
SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Meridian has a room at the Meridian Police station that is currently leased to
the State of Idaho, by and through the Department of Correction; and,
WHEREAS,the City of Meridian has no plans to use the room for City business prior to December
31, 2020, and the State of Idaho desires to renew the lease through 2020;
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO AS FOLLOWS:
Section 1. The room in the Meridian Police station described in the June 24, 2002 Lease Agreement
for Space, entered into by the State of Idaho and the City of Meridian, is not otherwise needed for City
purposes until December 31, 2020.
Section 2. That the terms of the Seventh Lease Amendment between the State of Idaho and the City
of Meridian, executed contemporaneously herewith, are just and equitable, and the same is hereby approved
as to both form and content
Section 3. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and
attest said Seventh Lease Amendment for and on behalf of the City of Meridian.
Section 4. This Resolution shall be in full force and effect immediately upon its adoption and
approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 17th day of March, 2020.
APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of March, 2020.
APPROVED:
Mayor Robe .lmison
ATTEST:
BY: 4.�,'°`. - ° SEA!.
7'
Chris Johns n, City C
RESOLUTION APPROVING SEVENTHLEASE AMENDMENT BETWEEN STATE OF IDAHO AND CITY OF MERIDIAN Page 1 of I
Meridian City Council Meeting Agenda March 17,2020— Page 165 of 226
1
SEVENTH LEASE AMENDMENT
This SEVENTH LEASE AMENDMENT is made and entered into this 17th day of March , 2020,
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 Room 103 in 1401 East Watertower Street,
Meridian, Idaho ("Premises") (Exhibit A hereto), as modified by Lease Amendments on July 1 , 2003; July 24,
2007; July 6, 2010; January 2, 2013; March 22, 2016; and February 19, 2019 (Exhibit B hereto);
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as
follows:
TERM OF LEASE AGREEMENT. The term of the June 24, 2002 Lease Agreement for Space, as amended,
shall end at midnight on December 31 , 2020. At the expiration of this term, Lessee shall vacate the Premises.
No month-to-month occupancy shall be allowed beyond the expiration of this term, and all provisions to the
contrary in the June 24, 2002 Lease Agreement for Space shall be void upon execution of this Seventh Lease
Amendment. Lessor may terminate Lessee' s occupancy prior to December 31 , 2020, by providing ninety (90)
days ' prior written notice.
NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this Seventh
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 Seventh Lease 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 Seventh Lease Amendment on the date first
written above.
LESSEE• Department of Correction STATE OF Idaho )
) as:
County of � ) rot
1 I HEREBY CERTIFY that on this day of NltxrrcJA , 2020,
J
BY: o eiyt Tr od J -4- before the undersigned, a Notary Public in the State of Idaho, personally
appeared josh Tywod l t , known to me to be the person who
CHERYL ISERI executed said instrument, and acknowledged to me that she executed same.
NOTARY PUBLIC IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
STATE OF IDAHO seal, the day and year in this certificate first above written.
COMMISSION M2017W2
MY COMMISSION EXPIRES 09/07l202S
Notary blic for Idaho
Residing at 1001 S2 , Idaho
My Commission Expires: 41!1 12o23
Approv Date
Richard4Brin, Leasing Manager, Division of ublic Works, Department of Administration
J4,)
CITY � RID *Y I (gL
Attest: at.
Robert E. Simison Ma r Chris Johnson ity Clerk ""
SEvENTH LEASE AMENDMENT TO LEASE AGREEMENT FOR SPACE PAGE l OF 1
Meridian City Council Meeting Agenda March 17, 2020 — Page 167 of 226
EXHIBIT A
LEASE AGREEMENT
Meridian City Council Meeting Agenda March 17,2020— Page 168 of 226
LFASFAGREEMENT FOR SPA*
THIS LEASE AGREEMENT FOR SPACE (Lease Agreement") is entered effective upon the date of
the last required signature (the"Effective Date"), by and between
Idahn 93642,, (the "Lessor"), and the STATE OF IDAHO, by and through
(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. Lnasp of Premises. The Lessor does hereby demise and lease to the Lessee the Premises situated in the
City of Meridian, County of Ada, State of Idaho, known and described as follows: Room 103 in 1401 Fact
Watertowar Street_ Merleflan Idaho ,A3642, Meridian_ Idaho,
2. Term. The term of this Lease Agreement is Twelve(12)months. As time is of the essence, the term
of this Lease Agreement shall begin on July 1.200 and shall end at midnight on.rune 30, 2003. 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 term of this tease Agreement and without the f
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. Payment. The Lessee shall pay to Lessor a fixed payment for the term of this Lease Agreement in monthly
installments of approximately $2Z5.66 each. The lease payment shall be computed at a rate of$11.00 per
square foot, per year. The total square footage of the Premises is 30, subject to measurement using BOMA
standard. The total yearly lease payment is $3,300_00. Capon election by the Lessee to pay in advance
quarterly, _semi-annually, or _annually, the Lessor shall allow Lessee a discount of "0 percen1`. The
lease payments shall be paid pursuant to the Lessor's timely submission of invoices for payment. Upon
receipt, Lessee shall forward Lessor's invoice to the State Controller for payment. Lessor specifically
acknowledges that State vouchers are processed by the State Controller, not Lessee. Therefore, any
payment that is made no later than sixty (60) 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. Acceptance of Premises. 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. Prior 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
shall Lessee's inspection, or inspection by any agent of Lessee, be deemed a waiver of any defects in the
Premises.
5. No sta- 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 fixtures. Lessee further covenants that
upon return, the Premises will be in the same condition as originally received, reasonable wear and tear
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excepted. Repairs, except thAlactually 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 shall be done in a workmanlike manner
and must comply with all applicable codes, ordinances, rules and regulations.
6, services and Parsing. 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.
B. 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, cleaning 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 T other: .
Window cleaning X quarterly other:
Carpet spot cleaning _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 11 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, Special Provision,,.
a. Iaxes. lessor shall pay and discharge all taxes and assessments 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 long distance telephone calls made by the Lessee.
c. Dther,S.perial Prnvisio=. No other special provisions exist.
8, Fnijure to Ranairir, Maintain nr SerVIce. In 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
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due to the Lessor. In the eve*at such failure or refusal prevents Lefte from occupying any or all of the
Premises, Lessee may deduct a pro rate sum from its lease payments equal to the greater of the monthly
cost per square foot of those Premises not acceptable for 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. PArgnnal InJuiry Damages. Subject to any applicable provisions of the Idaho Tort 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 employees or invitees of the Lessor.
10. lndernnifcatinn, Lessor 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 or 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 act or omission of the Lessee.
11, t15P of PrPmisps, Lessee Shall use the Premises for the following purposes: conduct the business of
the Oopartment of Correction, Probation and Parole,
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 or other public authority
respecting such use as specified above. Lack of compliance shall be an event of default and shall be grounds
for termination of this Lease Agreement.
12. Fire nrnr Damage,
A. . If, 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 immediately surrender the
Premises to Lessor and shall pay rent only to the time of such surrender. If comparable and acceptable office
space can be provided by the Lessor within thirty (30) days of the date of destruction or damage, the Lessee
may elect, at its sole option, to relocate to such substitute office space and all relocation costs shall be at the
sole expense of the Lessor. Rents will be continued upon occupancy at the lesser of: (1) the current lease
rate; or (ii) the market rate for the substitute space. Such relocation shall be for the remainder of this Lease
Agreement or any extension.
B. Snma Portion Fit for Occupancy,
(1) Notwithstanding any other provision of this Lease Agreement, if less than fifty percent
(50%) of the Premises are destroyed or damaged, and if that portion of the Premises may be restored within
ninety (90) days to as good 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 doss not elect to restore the Premises, the Lessor shall provide the Lessee with written notice of that
fact and this Lease Agreement shall automatically terminate effective as of the date of destruction or damage.
(H) If the Lessor elects to restore or rebuild pursuant to the option provided in paragraph
12.B.(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 restoration or rebuilding of the Premises
occurs. If the Lessee Is unable to occupy all or part of the Premises during the restoration 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 sole expense of the Lessor. If such restoration 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.
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C. prepaid Rent, Oe event that this Lease Agreement is Wnated 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 then 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. Alteratinns, 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 alterations, additions or
improvements to the Premises without the prior written consent of the other. Any and all alterations and
improvements made by Lessee shall be made at Lessee's sole expense and, subject to the exception for
Trade Fixtures provided below, shall, upon termination of this Lease Agreement, and without disturbance or
injury, become 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 Fixtures, 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 items
such as, but not limited to, shelves and reception counters.
14. Default. 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 (15) business days to cure or shall immediately provide written
documentation that it 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. RiArient ronriation_ y. Lepisinture ERequired. 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 sufficient 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, AssiqnMenj hV I inn Ao - Right to Terminate. Lease Agreement at Direction of Idaho DeparfmFmf rsf
AdmipistcLnQ. 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 owned or leased by the State of Idaho
Accordingly, it is agreed that, upon the occurrence of such event, Lessee may terminate this Crease
Agreement at any time after a one-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. Addifiunaliy, of Adminstration, at ,
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17, Qffldnls,Agents_and Pmpin ees of Lessee Not Personally L9ahle, It is agreed by and between the
Parties that in no event shall any official, officer, employee or agent of the State of Idaho be in any way Gable
or responsible for any covenant or agreement contained in this Lease Agreement, express or implied, nor for
any statement, representation or warranty made in or in any way connected with this Lease Agreement or the
Premises. 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 this Lease Agreement shall rest in and be vested with the State of Idaho.
18, Relation 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. Notices. 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
last known address at T1 Fast Idahn Meridlan_ Idaho 3f3 642 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 Boise, i.e., 2.0- Box
A copy of any such notice shall also be sent to the Department of
Administration, Division of Public Works, Attn: Leasing Manager, Post Office Box 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 swrance. The Lessor shall maintain an insurance policy (or policies) for the purpose of insuring any
property 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 or 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. Termination. 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, Heirs and ASSians, The terms of this Lease Agreement shall apply to the heirs, executors, administrators,
successors and assigns of both the Lessor and the Lessee in like manner as to the original 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 or agreement, 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 Modificatinn. 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 to this Lease Agreement shall be of no.force and effect until approved in writing by the
Department of Administration, Division of Public Works.
25, Renewal. 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
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Agreement. Notice of Lessoe*er to renew shall be given by the Jor 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 (60) 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. Asbestos and Health Hazards. 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 its 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 Lease 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
costs 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. Non Discrimination. 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 VI 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 terra of this Lease Agreement. The
Lessor further agrees to comply with all pertinent parts of federal rules 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 to 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 Assistance Act of 1974
and to comply with all amendments to these acts and pertinent federal rules and regulation regarding these
acts during the term of the Lease Agreement.
28. . 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. E cu iue Order,99-06, All buildings owned or maintained by any state government agency or entity, or
which are constructed or 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 Safety 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. Executive Order 2001:-Q4, Executive Order 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 all state buildings and the execution of lease agreements. Special attention shall include
energy conservation considerations including: (i) Chapter 13 of the Uniform Building Code, 1997 Edition; (ii)
use of alternative energy sources, (iii)energy management systems and controls to include effective means to
monitor and maintain systems at optimal operations; (iv)"state-of-the-art"systems and equipment to conserve
energy economically.
31. Executive Order 9000-01, Executive Order 2000-01 requires that all state-owned or state-lease buildings,
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Meridian City Council Meeting Agenda March 17,2020— Page 174 of 226
facilities or area occupied by s*employees shall be designated as "n*moking" 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. Mntpdal Representations, 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. SeverabiEly. If any term or provision of this Lease Agreement is held by the courts to be illegal or in
conflict with any existing law, the validity of the remaining terms and provisions shall not be affected, and the
rights and obligations of the parties shall be continued and enforced as if the invalid term or provision were not
contained in this Lease Agreement.
34. ens t to I anse. 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 of this tease Agreement and any extension.
35. Cnmplrata StatAmenr of T-arms. No other understanding, whether oral or written, whether made prior to
or contemporaneously with this Lease 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 �giIjfc ,, above.
� t7 �df,Meridian
STATE OF 4
fl )ss.
COUNTY OFC'(7UNT�{
On this sZ"T day of , 2002, before me,the undersigned,a l�giery,I l lip in and for said
State, personally appeared tdrAf�Q•111cc6 .4 � n C,• � � , known or identified to me to be the person whose
name is subscribed to the foregoing instrument on behalf off of b1eridian, as Lessor, 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.
ONS
eel
� f M
ommission gyp' elan -01S Residing at ��Gz► r °�a'�
LESSEE: Department of Correction, Probation and Parole
off NAGS
•� O,� RY •y r �`f
STATE OFis
- .�
COUNTY OF F► pV4�
* T !r
On this da a • [f3$, before me,the undersigned, a Notary Public In and for said
State, personally appea • known or identified to me to be the person whose
name is subscribed to the foregoing in rument on behalf of ne�artcopnt nr r'nrrer:tinn, Pabst'an and Parole as Lessee,
and acknowledged to me that he/she:executed the same on behalf of the Lessee.
Correction, Probation and Parole - Meridian- 7
Meridian City Council Meeting Agenda March 17,2020— Page 175 of 226
IN WITNESS WHEREO*ave hereunto set my hand and affixed *bffrcial seal the day and year In this
certificate first above written.
Commission expires on Residing at -�
APPROVED BY; '
d .Wildhagen,State Leasing Manager Date
Division of Public Works,Department of Administration
i
1
I
Correction, Probation and Parole- Meridian-8
Meridian City Council Meeting Agenda March 17,2020— Page 176 of 226
EXHIBIT A
THE PREMISES
/4-0_1 Fast Watedower Street_ Meridian (dahq 8-1642, Maddian, IDAHQ
i
i
i
Correction, Probation and Parole - Meridian- 9
Meridian City Council Meeting Agenda March 17,2020— Page 177 of 226
C
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Meridian City Council Meeting Agenda March 17,2020— Page 178 of 226
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Meridian City Council Meeting Agenda March 17,2020— Page 179 of 226
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Meridian City Council Meeting Agenda March 17,2020— Page 180 of 226
State of Idaho *RANSMITTAL
Department of Administration
Division of Public Works DATE, June 21 2002
502 N. 4th Street
PO Box 83720 Re: Department of Correction,
Boise ID 83720-0072 Probation and Parole Meridian
Phone 208-332-1900 FAX 334-4031
TO: City of Meridian CC: Henry Atencio
Attu: Stacy Kilcheumann Department of Correction,
33 East Idaho Probation and Parole
Meridian,Idaho 83642
=W/ENCLOSURES
FROM: Linda S. Wildhagen,State Leasing Manager 208-332-19Z9
ENCLOSED PLEASE FIND:
Copies Description
3 Lease Agreements
1
Please have the leases signed and notarized by City of Meridian
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 comments
These are for your files
Other:—Please insert street number of nremisec in.p��s,gzanh 1 fth�P_
i
Return_copies to: Lessor @ 33 East Idaho, Meridian,Idaho R3642.
Return_copies to: Lessee @ P,R.Box 83720,Roise,Idaho 93720-001 R
.Return 3 copies to-.Division of Public Works, Attn: State Leasing Manager �
T3-EANY, YOU!
Correction, Probation and Parole - Meridian- 10
Meridian City Council Meeting Agenda March 17,2020— Page 181 of 226
0 LEASE CHECKLIST
---- NEW LEASE LEASE RENEWAL LEASE MODIFICATION DEAD LEASE
LEASE UST INFORMATION:
REPLACES LEASE @a
AGENCY' fl artment of Correction„ Pmhatinn and Parnla
TYPE OF SPACE:: AGENCY DEPT OF LANDS ,„RESID —STATE OWNED _,..WAREHSE ,LIQUOR_,_,MISC_.,TEMP
ADORESS' F;4st.Watedower Street, Maddian Idahn 8380 CITY: Meddian
LESSOR: C4 of Meridian ADDRESS:11 East Idahn�,Idaho A3�2 PHONE:
ORIGINAL LSE DATE: ENDING LSE DATE: June 30 91 AMEND DATE:
ESCALATION DATE: ESCALATION$:
SQ. FT.: =BASE RENTIYR: $1,100 00$/SQ FT: SUM EXCLUSIONS: _A ,.BASE YR _.E ^J _TI r U
COMMENTS:
LINK TO:
CONTACT PERSON: j
PERMANENT SLOG FUND LEASE LETTER:
11 011(18T YR) COST PER SQ FT(EFFECTIVE) COST IF FULL SERVICE
M inn nnCOST PER YR ESCALATIONS:
TYPE OF SPACE: AGENCY_DEPT OF LANDS _RESID _STATE OWNED —WAREHSE_LIQUOR_MISC.._..TEMP
TYPE OF LEASE: FULL SERVICE EXCLUDES: ELEC UTILITIES JANITORIAL NNN WAREHSE RETAIL
LAND LSE RESIDENTIAL OTHER:
COST RATIO LENGTH OF LEASE:
PREV KITE: T INCR FROM FORMER LSE;
OTHER COMMENTS FOR PBF LEASE LETTER:
MISCELLANEOUS LEASE INFORMATION:
LEASE/PURCHASE ANALYSIS REVIEWED: —NNN COST RATIO —BREAKEVEN YR
FACILITY QUESTIONNAIRE REC'D? 5 YR FACILITY PLAN:
RENT DISCOUNT: FTE: SQ FTIFTE:
LNtsRE-ASES IN RASE RENT' ADE=I BENT EQR OPERATING EXPENSES:
YEAR $OR% OPERATING EXPENSES
BASE YR:
CAPS: --
-- TAXES:
INSUR:
CAM:
CAM: --
AMORTIZED TENANT FINISH:
OPTIONS TO RENEW:
OTHER OPTIONS(CANCEL,PURCHASE, EXPAND, ETC.):
SPECIAL COMMENTS/ISSUES:
i
Correction, Probation and Parole - Meridian- 1 I
Meridian City Council Meeting Agenda March 17,2020— Page 182 of 226
EXHIBIT B
LEASE AMENDMENTS
Meridian City Council Meeting Agenda March 17,2020— Page 183 of 226
� C � � � �
J U L't $ 2003 LEASE AMENDMENT
UBLIC WC)FTKV LEASE AMENDMENT, made and entered into this :—day of tT6C14 ,V03, by and
between t of ert Ian 33 East Idaho Street, Meridian, D 03"2,(hereinafter referred to
as"Lessor') and the STATE OF IDAHO, by and through the Department of Correction,
Probation_and.Parole(hereinafter referred to as"Lessee"), is an amendment of the original
LEASE AGREEMENT FOR SPACE between the LESSOR and the LESSEE entered into on,for
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 legally authorized to enter in this amendment by power granted by Title
57, Chapter§7,of Idaho Code,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 Follows: j
1. Term of Lease Agreement. The term of this Lease Agreement shall be extended for 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 Lease Agreement and without the necessity of renewing sold 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 Agreement 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 and all previous agreements, unless specifically 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 contemporaneously with this Lease
Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the Lease
Agreement For Space or 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:
of
Robert n Cords—Mayor
Aest;
BEAL
William G. Berg, Jr. —dty Clerk
J.
Correction, Probation & Parole amendment 2003- 1
Meridian City Council Meeting Agenda March 17,2020— Page 184 of 226
ti
I
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this day of , 2003, before me, the undersigned, a Notary Public in
and for said State, personally apt petered Robert D. Corrie and William G. Berg, Jr., known or
identified to me to be the Mayor and City Clerk respectively and having subscribed to the
foregoing instrument 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, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first aboys6
Residing At: l� t jo(adr�
■ t Commission Expires: 4 4z-o�' --
M
• f a
LESSEE: Department of Correction; i and Parole
rs MIL•
b
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this )�Iay of 003. before me, the undersigned, a Notary Public in
and for said State, personally appea 'AZ, known or identified to me to be
the person whose name is subscribed to the for going instrument on behalf of De artment of
Correction, Probation and Parole, as Lessee, and acknowledges to me%4hei" executed
the same on behalf of the Lessee. .0 ±A D+•$p���0,'�erJ�
IN WITNESS WHEREOF, I have hereunto set my hand and �the
d ear in this certificate first a0ve written.
-PUB I
L d• o
Co Or
mission expires on Residing at
I
�>>i{aa F1670
AFJMOVE;p BY:
da . Miller, Leasing Manager Date
Division of Public Works, Department of Administration
Correction, Probation& Parole amendment 2003»2
Meridian City Council Meeting Agenda March 17,2020— Page 185 of 226
. f
SECOND LEASE AMENDMENT
THIS LEASE AMENDMENT, made and entered into this day of
2007,by and between QtK of Meridian, 33 East Idaho Street, Meridian, ID 83642,
(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 AGREEMENT FOR SPACE between the LESSOR
and the LESSEE entered into on June 24, 2002, for space located at Room 103 in 1401
East Watertower Street, Meridian, Idaho.
WITNESSETH
VaIEREAS, the LESSEE has been leasing from LESSOR Room 103 in 1401
East Watertower Street, Meridian Idaho on a month to month basis since June 30, 2004,
the date of the end of the contract term as set forth in the LEASE AMENDMENT to the
LEASE AGREEMENT FOR SPACE; and
WHEREAS,the parties desire 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 time is of the essence,
shalt end at midnight on ,Dune 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 Premises on a month to month basis upon the terms and conditions set
forth in this Lease Agreement 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.
Igo Additivr, 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, shall 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 AMENDMENT,
SECOND LEASEAMENDMENT'to LFASEAGREEMENT FOR SPACE--Page Pagel of 2`'''
Meridian City Council Meeting Agenda March 17,2020— Page 186 of 226
.r-
IN WITNESS WIMREOF,the parties hereto have executed this SECOND
LEASE AMENDMENT to the LEASE AGREEMENT FOR SPACE the day and year
first above written,
LESSEE: Depart t tion
Date
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this 'day of 2007, before me the unde igned, a
Notary Public in and for the State of IdaRo, personally appeared
known or identified to me to be the person whose name is subscribed to the
foregoing instrument on behalf of the Department of Correction, as Lessee, and
acknowledges to me that he/she executed the same on behalf of the Lessee.
IN WITNESS Nja OF, I have hereunto set my hand and affixed my official
seal the day and yeWj,% b to first above wri en.
ft
IOTA*
• �•+ f� Not Public
AOgLtG siding at: C,o
'� .., �Q ornmission expires: 10
OF D
APPROVED BY:
Cf;ifi67plillei,Leasing Manager,Division of Public Works,Department of Administration
LESSOR: City of Meridian
BY: Tammy de rd �.�� OF MEA
,�;'''•,
Mayor, City of&dridian S,
Attest:
SEAL
S E A i
William G. Berg, Jr.
City Clork
SECOND LEASE AMEND4E.Wt'to LEASEAGRE ENT FOR SPACE-Page 2 of 2
Meridian City Council Meeting Agenda March 17,2020— Page 187 of 226
THIRD LEASE AMENDMENT
�^ ,Tuty
This THIRD LEASE AMENDMENT is made and entered into this 6 day ofdtmc;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
reforred 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&hibit 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 Amendment,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 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 ADDMONAL PROVIRONS, 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 Lease
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�O day of July,
2010.
LESSEE: n o ction
§74TE OF '
)ss.
COUNTY OF �-nyc�6l_. )„
I HEREBY CERTIFY that nn this 7 a, day of_SiLm 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 inshment,and acknowledged
to me that he/she 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.
Notary Public
Co one on JI- Resi at
iliirt
• Y G! ;
1 r,Leasing Manager,Divsdn Department ofAdministration .�r�tOTARr
o�
Cl OAF U B L.-�O
Soso
SEAL
rrnaeIW
T y de VCqA Mayor V r tsNT . •Z Jayce olman, City Clerk
eon ,
Merid anrr�i{y���u�ncil`Meeting Agenda March 17,2020— Page 188 of 226
FOURTH LEASE AMENDMENT
This FOURTH LEASE AMENDMENT is made and entered into this 2. day of jo,�w� , 2013
by and between the City of Meridian, a municipal corporation organized under the laws of the State o-f daho
("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") (ExhibitA hereto), as modified by the July 1, 2003 Lease
Amendment(Exhibit B hereto), the July 24, 2007 Second Lease Amendment (Exhibit C hereto), and the July 6,
2010 Third Lease Amendment (Exhibit D hereto);
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, shall be extended for a term of three (3) years, and, as time is of the essence, shall end at midnight
on June 30, 2016. Absent other written agreement by the Parties, Lessee may, at the expiration of this term,
continue in its occupancy of the Premises on a month-to-month basis, under the terms and conditions set forth
in the June 24, 2002 Lease Agreement for Space, for a period not to exceed one (1) year. Lessor may terminate
Lessee's month-to-month occupancy upon ninety (90) days' prior written notice.
No ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this Fourth 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 Fourth Lease 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 Fourth Lease Amendment on this 2 day
of v� , 2013.
LESSEE: Department of Correction STATE OF Idaho )
p ) ss:
� County of )
I HEREBY CERTIFY that on this-'day of
BY: ®® 2012
` ,
before the undersigned,a Notary Public in the State of Idaho,personally
appeared_ jLj l,biLL", known to me to be the person who
't ®141 �® '� executed said instrument,and acknowledged to me that she executed same.
n0 4� ® IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official
® w seal the day and year in this certificate first above written.
for Idaho
Residing at
Idaho
My Commission
Approved , =
pp �` P� Date
Linda S. Miller, Leasing Manager, Division o�� Ir`n0 r s, Department of Administration
�$G 1 W I
CITY OF DIAN: City of
E IDIAN�6
� IDAH
Tammy d erd, Mayor F SEAL ycee Hc 6ian, City Clerk
FOURTH AMENDDZENT TO LEASE AMY �et genda March 17,2020— Page 189 of 226 PAGE 1 OF 1
RECEIVED
MAR 0 8 2816
PUBLIC WORKS FIFTH LEASE AMENDMENT
This FIFTH LEASE AMENDMENT is made and entered into this spa day of Mn rLh 2016, 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 a room located in 1401 East Watertower Street,
Meridian, Idaho ("Premises") (ExhibitA hereto), as modified by Lease Amendments on July 1, 2003; July 24,
2007; July 6, 2010; and January 2, 2013 (Exhibit B hereto);
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, shall be extended for a term of three (3) years, and, as time is of the essence, shall end at midnight
on June 30, 2019. Absent other written agreement by the Parties, Lessee may, at the expiration of this term,
continue in its occupancy of the Premises on a month-to-month basis, under the terms and conditions set forth
in the June 24, 2002 Lease Agreement for Space, for a period not to exceed one (1) year. Lessor may terminate
Lessee's month-to-month occupancy upon ninety(90) days' prior written notice.
NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this Fifth 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 Fifth Lease 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. (,_t
IN WITNESS WHEREOF, the Parties have executed this Fifth Lease Amendment on this O � y day of
, 2016.
LESSEE: epa ent of Correction STATE OF Idaho )
a4n,.al��ftlll/f111��.1 i ) ss:
a"°® �41,. ` �ss�+County of ) `�t
ti•• `,� •®' `"•• VIEREBY CERTIFY that on this day of ` ;2016,
BY: -` R b4ore the u dersigned a Notar Public in the State of Idaho,personally
<i O •/ V �p eared known to me to be the person who
a j%ecuted id instrunfent,Ad acknowledged to me that she executed same.
)vv •; Q??WITNESS WHE EOF,I have hereunto set my hand and affixed my official
'•• %0 Y jO �` #al,the day and year in this certificate first above written.
'•�� •••."••"O, %
No Idah
Residing atL Idaho
1 My Commission Expires:
Approve �'�—. Date f
Linda S. Miller, Leasing Manager, Division'of Publ orks, Department of Administration
CITY OF MER }J
Tammy de Weerd, ayor `"� �`� '`�° Jaycee4Iolman, City Clerk
,SE�L
FIFTH LEASE AMENDMENT TO LEASE AGREEMENT SPACE,„_,=,"4` PAGE I OF 1
Meridian City Council e ng Agenda March 17,2020— Page 190 of 226
SIXTH LEASE AMENDMENT
This SIXTH LEASE AMENDMENT is made and entered into this�day of r , 2019, by
and between the City of Meridian, a municipal corporation organized under the laws of the State daho
("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 Room 103 in 1401 East Watertower Street,
Meridian, Idaho ("Premises") (ExhibitA hereto), as modified by Lease Amendments on July 1, 2003; July 24,
2007; July 6, 2010; January 2, 2013, and March 22, 2016;
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, shall be extended for a term of one(1) year, and, as time is of the essence, shall end at midnight on
June 30, 2020. Absent other written agreement by the Parties,Lessee may, at the expiration of this term,
continue in its occupancy of the Premises on a month-to-month basis,under the terms and conditions set forth
in the June 24, 2002 Lease Agreement for Space,for a period not to exceed one(1) year. Lessor may terminate
Lessee's month-to-month occupancy upon ninety(90) days' prior written notice.
NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this Sixth 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 Sixth Lease 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 Sixth Lease Amendment on the date first
written above.
LESSEE: Department of Correction STATE OF Idaho )
r ) ss:
County of_M ) �jY
I HEREBY CERTIFY that on this & day of L ,2019,
BY: J ti before the undersigned,a Notary Public in the State of Idaho,personally
appeared , S h Tetra if ,known to me to be the person who
executed said instrument,and acknowledged to me that she executed same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official
r- GHERYL ISERI seal,the day and year in this certificate first above written.
NOTARY PUBLIC ^
c;r ATE OF IDAHO
i 0-,,,1hfISSION 020170452
EXPIRES 09/07/2023
-, Notary P44lic for Idaho
Residing t B0 I Se Idaho
`Approve Date 61D i 1 My Commission Expires: G1 '7 ��3
Richard Brien, Leasing Manager, Division of Public Works,Department of Administration
CITY RID- PORATEpq�cG
ttest:
Tammy eerd, Mayor 04.0 y Coles, ty Clerk
Ill W
SIXTH LEASE AMENDMENT TO LEASE AGREE T 1+O$ PAGE 1 OF 1
Meridian Council eeting nda March 17,2020— Page 191 of 226
`the rREASUR��P�