ApplicationPlanning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:
Project name:_ / l
File number(s):
Assigned Plann r: (( �i��S Related files
Type of Review Requested (check all that apply)
❑ Accessory Use (check only 1) ❑Final Plat
❑ Daycare ❑ Final Plat Modification
❑ Home Occupation ❑ Landscape Plan Modification
❑ Home Occupation/Instruction for 7 or more ❑ Preliminary Plat
❑ Administrative Design Review ❑ Private Street
❑ DR Modification ❑ Property Boundary Adjustment
❑ Alternative Compliance ❑ Rezone
❑ Annexation and Zoning ❑ Short Plat
El, Certificate of Zoning Compliance ❑ Time Extension (check only 1)
❑ CZC Modification ❑ Director
❑ City Council Review ❑ Commission
❑ Comprehensive Plan Map Amendment ❑ Council
❑ Comprehensive Plan Text Amendment ❑ UDC Text Amendment
❑ Conditional Use Permit ❑ Vacation (check only 1)
❑ Conditional Use Permit Modification (10 ✓only 1) ❑ Director
❑ Director ❑ Commission
❑ Commission ❑ Variance
❑ Development Agreement Modification ❑ Other
Applicant Information
Applicant name: % I�i��1Y j?ut 1i�1 Phone@
Applicant address: peo
city: 1 r,i r tt y
Applicant's interest in property:f ❑Own
Owner name: �Lu
Owne
City:
Agen
Firm
Agen
city:
Primary contact is
7�
Rent
Email:
State:
r
❑
Optioned ❑Othe
❑ Applicant ❑Owner CI�Agent/Contact
Subject Property Information
Email:
State: %�� Zip:y ' ����
Location/street address: h �� �� fiV1c; �� Township, range, section: 3 ? F O
Assessors arcel numbers ' p O {� � � � � �.� D � Total acreage: Zoning district:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 %vww.meridiancitv.org/ lap nning
-1 Re>>: (2/11/2020)
14
Project/subdivision name:T too
General description of proposed project/request, l dY1 10
U.'zil.e t A r�jde0;;�
Proposed zoning district(s): _
Acres of each zone proposed:
Type of use proposed (check all that apply): ,�
❑ Residential ❑ Office ❑ Commercial ❑ Employment Cl'.Industrial El Other
Who will own &maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within?
Primary irrigation source:
Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if a
Number of residential units:
Number of common lots:
ble)
Number of building lots:
Number of other lots:
Proposed number of dwelling units and square footage of living area (for multi -family developments only):
1 bedroom:
(up to: 500 sq. feet)
2-3 bedrooms
:
(up to: 250 -500 sq. feet)
Minimum square footage of structure (excl. garage):
Minimum property size (s.f):
Gross density (Per UDC 11-IA-1):
Acreage of qualified open space:
4 or more bedrooms:
(up to: 500 up to 1200 sq. feet)
Maximum building height:
Average property size (s.£):
Net density (Per UDC 11-1A-1):
Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11-3G-3B):
Amenities provided with this development (if applicable):
Type of dwellings) proposed:
❑ Duplex ❑ Multi -family
❑ Single-family Detached
❑ Vertically Integrated
Non-residential Project Summary (if applicable)
Number of bung lots:
Gross floor area proposed:
Hours of operation (days and hours):
Total number of
parking spaces provided:
Authorization
Print applicant name:
ommon lots:
C
❑ Single-family Attached
❑ Other
el ots:
Othl
❑ Townhouse
Existing (if applicable):
Building height: (�� ��
Number of compact spaces provided:
Applicant signature: � � ��- Date: %� � '—'
Community Development ■Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridianci .org/planning
- - - - ii
��� it
-`11�110N
PA�IF1�=.
HIT
November 12, 2019
Folder: 507-94
CLAY HANDY
HANDY TRUCK LINE, INC.
P.O. BOX 300
PAUL ID 83347
Dear Mr. Handy:
Pursuant to your request, please allow this letter to serve as authorization to proceed with the construction
you have proposed as detailed in your email dated 10/21 and subsequently approved by oui engineering
group on 11/12. You and/or your contractors will need to abide by the insurance requirements set forth in
your lease. Additionally, please make sure to call with any questions before proceeding.
Sincerely,
Michael Gibilisco
Mgr -Real Estate
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1G90 fx. (402) 501-0340
nXoxt Ill Its
�rottn:
Seat.
To:
Cc:
Subject:
Attachments:
Mr. Handy,
Per your request,
Meridian, ID.
Regards,
Mike
Michael A. Gibilisco <magibili@up.com>
Tuesday, November 26, 2019 10:35 AM
Clay Handy
Scott Hanks
UPRR Lease Agreement: Folder 507-94 Handy Trucl< Lines "Construction Approval"
Handy approval 507-94.pdf
please see the attached letter approving your proposed construction on the site leased from UPRR in
--------------------------------------------------------
Michael A. Gibilisco
Manager - Real Estate
Union Pacific Railroad Company
1400 Douglas St. Stop 1690
Omaha, NE 68179
Direct (402)544-7510 Fax (402) 501-0340
This email and any attachments may contain information fihat is confidenfiial and/or privileged for the sole use of the
intended recipient. Any use, review, disclosure, copying, distribution or reliance by others, and any forwarding of this
email or its contents, without the express permission of the sender is strictly prohibited by law. If you are not the
intended recipient, please contact the sender immediately, delete the e-mail and destroy all copies.
AUDIT #3VRR5020
,LC., a Delaware Limited Liability Company, having a mailing address at 420 Hansen Street
outh, Twin Falls, ID 83301 ("Lessor"), and Handy Truck Line, Inc., h
��'�'lrrs tease supe�sedesp�evious 7'�ack Lease�4udrt #��5�0% dated June S, 199G*�•
For and in consideration of the mutual benefits and obligations set forth in this Lease, the Parties agree
to be bound as follows.
Lessor hereby leases to Lessee the tracks ("Tracks") and the adjacent property ("Property")
(sometimes collectively referred to as the "Leased Premises") located in the City of Meridian, County
of Ada, and State of Idaho, Boise Cut -Off, Track # 738, Mile Post 457.15, being approximately 400
feet in length, and more particularly described in Exhibit A to this lease.
The term of this Lease ("Lease Term. shall commence at 12:01 a.m. on April 10, 2017
("Commencement Date") and shall last for a period of one year ending at I I t59 a.m. on the date
immediately preceding the anniversary date of the Commencement date ("Termination Date"). The
Lease will automatically renew and continue for subsequent, consecutive one-year terms thereafter
until terminated by either party with 30 days written notice.
3. REI�t'f.
3.1 Rent for the Leased Premises ("Rent"), shall be Four Thousand Eight Llu��dred
Dollars ($4,800.00) per year, payable annually, in advance, on the Commencement Date and each
subsequent anniversary thereof, subject to increases as provided for in Exhibit B. Lessee shall send
all payments to Boise Valley Railroad, LLLC., Din #150077, P ® Box 790343, St Louis, Imo® 63179-
0343 or to such other address as Lessor may indicate by written notice to Lessee in accordance with
the terms of this Lease.
3.2 Lessee shall make all payments without prior demand, setoff, or counterclaim. Lessor
may apply eacl� payment when received in such order as Lessor may determine, regardless of any
rule, law, practice or custom between Lessor and Lessee. No payment shall operate as an accord and
satisfaction, notwithstanding any statement or endorsement accompanying such payment.
3.3 If Lessee does not make the payments for a period of thirty (30) days from the day
same shall have been due and payable, then Lessee shall pay a service charge at the rate of 1.5%per
month (or at the legal maximum in the jurisdiction in which the Premises are located, whichever is
less) on the amount of any such unpaid amount. Notwithstanding the foregoing, in the event Lessee
HANDY TRUCK TRAGIC LEASE Page 1 of 15 WATCO/pwatland
04/06/2017
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AUDIT #BVRR5020
does not make a payment for a period of sixty (60) days from the day same shall have been due and
payable, then Lessee shall give up all rights upon its non-payment and Lessor shall have the right to
terminate this Lease immediately.
4.1 Lessee shall use the Leased Premises solely for holding, loading, and unloading rail
cars and for no other purpose ("Use"), without the prior written consent of Lessor.
4.either Patty shall allow the Leased Premises to be used by any other person or frm
without the prior written consent of the other Party.
4.3 Lessee shall, at its sole cost and expense, promptly comply with all present and
future laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any
governmental authority or court of competent jurisdiction affecting the Use and condition of the
Leased Premises and any equipment placed or used thereon and Lessee's operations and activities
on the Leased Premises ("Legal Requirements"). Lessee shall obtain all permits required by any
federal, state, municipal or other governmental entity necessary for Industry's Use of the Leased
Premises as outlined in this Section.
4.5 Lessee shall not construct or allow to be constructed any vehicular or pedestrian
grade crossings over the Tracks without the prior written consent of Lessor.
4.6 Lessee shall not make any changes in the Leased Premises without the prior written
consent of Lessor. Changes in the Tracks necessary to comply with the requirements of a public
authority due to Lessee's Use of the Leased Premises, shall be made at Lessee's sole expense and
with written consent of Lessor.
4.'i Lessee shall not permit any obstruction over the Tracks less than the statutory limit
(as presently existing or as amended from time to time) or 230 above top of rail, whichever is
greater, or alongside thereof less than the statutory limit or 8'6" from center of track, whichever is
greater, with the necessary additional clearances on curves, without the prior written approval of
Lessor and any public authority having jurisdiction,
5.� Lessor reserves the right to operate, maintain, repair, replace, augment, or relocate
(provided that said relocation does not unreasonably interfere with Lessee's Use of the Leased
Premises for the purposes set forth in Section 4) any Reserved Facilities, as defined in Section 5.2,
existing within or adjacent to the Leased Premises. This Lease is subject and subordinate to any
right which Lessor or any easement holder, lessee, or licensee of Lessor may have in the Reserved
Facilities. Lessee shall not interfere with the maintenance or operation of the Reserved Facilities,
or the rights of any easement holders, lessees, or licensees with respect thereto.
5.2 "Reserved Facilities" means existing tracks, pipes, conduits, thoroughfares, roads,
tunnels, electric communication and signal transmission lines and poles and guys for such lines, and
any other facilities of similar nature on, above or below the ground, belonging to any party
whomsoever.
HANDY TRUCK TRACK LEASE Page 2 of 15 WATCO/pwatland
Oq/0612017
AUDIT #BVRR5020
t).3 Lessor reserves the right to use the Leased Premises provided that such use does not
unreasonably interfere with the Use thereof by Lessee.
6. 'T.P��S Al�i� ASS�SSI�I�'TS.
Lessor is responsible for the payment of real estate property taxes. Lessee is
responsible for all other taxes and assessments (as presently charged or amended in the future)
associated with its Use of the Leased Premises. Lessee shall keep the Leased Premises free and clear
of any liens or judgments for unpaid taxes and assessments for which Lessee is responsible.
Lessee, at its sole cost and expense (including fees for permits and similar documents), shall
obtain all utility services required or desired by Lessee, including the installation of meters and
submeters if none exist. Lessee shall be responsible for all charges for utilities consumed by, and
supplied to, Lessee by the provider thereof. To the extent any existing utility services on the Leased
Premises are used by Lessee with Lessor's prior, written consent, and are not separately metered or
billed to Lessee, Lessee shall pay a reasonable proportion of the cost of the utility services.
8
.1 Lessee has fully inspected and accepts the Leased Premises in "as is" condition.
Lessor makes no representations as to the zoning, condition, utility, or fitness of the Premises for
any use. Lessor shall perform all general maintenance and repairs necessary to keep the Tracks in
good order and in safe condition at Lessee's expense. Any additional repairs or maintenance
necessary, as a result of the Lessee's negligence, regulatory non-compliance or contractual breach,
will be performed by Lessor at the sole expense of the Lessee.
�.R1 Lessee shall keep the Tracks free of all hazardous materials and obstructions. All
maintenance of the Tracks shall be to a minimum of Federal Railroad Administration Class II track
standards.
9. Sll�l�d� AMID II�PR®�I+�I�1T'�.
Lessee shall not place any sign, advertising, or improvements on the Leased Premises without
the prior written consent of Lessor. If Lessee fails to remove improvements and other property of
Lessee and of any other party following lease termination or expiration, Lessor may elect to retain
such improvements or property, or enter the Leased Premises and raze or remove same and Lessee
hereby waives any claim or right of action with respect thereto. Lessee shall pay Lessor all of Lessor's
costs related to such razing or removal, including without limitation storage and transportation.
Lessee shall indemnify, defend and save harmless Lessor from and against any claim or action by any
party brought or asserted against Lessor with respect to such retention, razing, or removal.
10. .ASSIGI�IIVIEI�IT AI�I� S�J�I,�'�'TII�G.
Lessee shall not assign, license or transfer• any portion of Lessee's interest in this Lease or the
HANDY TRUCK TRACK LEASE Page 3 of 15 WATCOIpwatland
04/06/2017
}�
AUDIT #�BVRR5020
Leased Premises without the prior written consent of Lessor, and any attempt to do so without such
consent shall render same null and void. Lessee shall not permit any security interest in any third
party to attach to the Leased Premises or any part thereof, or any improvements or any personal
property now or hereafter placed or kept thereon, without the prior written consent of Lessor, and any
attempt to do so without such consent shall render same null and void.
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HANDY TRUCK TRACK LEASE
Page 4 of 15
WATCO/pwaflantl
04/06l2017
AUDIT #BVRR5020
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HANDY TRUCK TRACK LEASE Page 5 of 15 WATCO/pwatland
04/06/2017
!
AUDIT #BVRR5020
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I.NTITY, RE, LATED TO i
�' 'tA ! } WATERS., GROUND r i _ 1/ ( .: w I�r i I ( w AND
OIL,
E c. ; '� f�i MENTAL ` O� CONDITIONS i i ki; CAUSED . RE, U I ! (:i ..' ,�, ;
i
ti �� j; � 'R. I G OUT OF, OR OCCURRING IN CONNECTION WITH i LEASE.
HANDY TRUCK TRAG{< LEASE Page G of 15 WATCO/pwatland
04/06/2017
AUDIT #BVRR5020
13.1 Lessee shall maintain continuously in effect a policy of comprehensive general
liability insurance, including contractual liability covering the liability assumed by Lessee under the
provisions of this Agreement, including but not limited to the provisions of Sections 11 and 12 hereof.
Such Insurance shall be in limits of not less than $10,000,000.00 combined single limit, bodily injury
and property damage liability each occurrence. Lessee shall furnish to Lessor certificates evidencing
such insurance in companies and form acceptable to Lessor and providing not less than thirty (30)
days notice of cancellation or any material change in coverage.
(a) If the Leased Premises consist of a building or other similar improvements
owned by Lessor, Lessee shall pay the premium for fire and casualty insurance on the leased premises,
and Lessee shall not do anything in or about said premises which will cause the cancellation of such
insurance. At the request of Lessor, Lessee shall provide Lessor with a copy of Lessee's fire and
casualty insurance policy.
(b) Lessee shall indemnify, save and keep harmless Lessor from all cost, damages,
losses and expenses (including attorney's fees) suffered by Lessor and/or by the properties and
improvements owned by Lessor as a result of the negligence of the Lessee, its customers, agents or
employees and/or resulting from the failure of Lessee to comply with the terms and provisions of this
Lease or with Lessee's duties and obligations as herein provided.
(c) Except if damaged by reason of negligence of the Lessor, its agents or
employees, or failure of Lessor to comply with the obligations assumed by Lessor herein, Lessee
assumes sole risk for all buildings and improvements on the leased premises at all times during the
term of this Lease.
A3.3 All risk insurance on the property of the Lessee, or in Lessee's care, custody and
control shall contain a waiver of subrogation against Lessor.
13.4 If the leased premises consist of a building or other similar improvements owned by
Lessor, and the leased premises shall be partly damaged or totally destroyed by fire or any other cause,
other than caused by the negligence of the Lessor, its customers, agents or employees and/or resulting
from the failure of Lessor to comply with the terms and provisions of this Lease or with Lessor's
duties and obligations as herein provided, Lessee shall, at Lessee's expense, immediately restore such
damage. The rent accruing during such restoration shall not be abated.
HANDY TRUCK TRACK LEASE Page 7 of 15 WATCO/pwatland
04/06/2017
AUDIT #BVRR5020
Subject to Lessee's right to recover from Lessor an amount equal to the depreciated value of
the improvements that were placed on the Leased Premises by Lessee with Lessor's consent, if all or
any part of the Leased Premises shall be acquired or taken under eminent domain proceedings, or
transferred to a public authority in lieu of such proceedings, Lessor may terminate this Lease as of the
date when possession is taken. Subject to the above, all damages awarded for such taking shall belong
to and be the property of Lessor and Lessee shall have no claim against Lessor by reason of such
taking or termination and shall not have any claim or right to any portion of the amount that may be
awarded or paid to Lessor as a result of any such taking. In addition to the above, Lessee may make
claims against the condemning authority for moving expenses, loss of fixtures, or other matters which
do not affect the award otherwise payable to Lessor so long as such claim does not reduce the award
otherwise payable to Lessor.
15.1 Should Lessee default in: (1) fulfilling any of the covenants or obligations of this Lease
other than the covenants for making payments, or (2) if the Leased Premises become vacant or
deserted; or (3) if the Leased Premises are damaged by reason of negligence or carelessness of Lessee,
or its agents, then, in any one or more of such events, upon Lessor serving a thirty (30) day notice
upon Lessee specifying the nature of said default, and upon the expiration of said thirty (30) days, if
Lessee shall have failed to remedy such default, or if the said default or omission complained of shall
be of such a nature that the same cannot be completely cured or remedied within said thirty (30) day
period and Lessee has not diligently commenced curing such default within such thirty (30) day
period and shall not thereafter with reasonable diligence and in good faith proceed to remedy or cure
such default, then Lessor may serve a three (3) day notice of termination of this Lease upon Lessee,
and upon the expiration of said three (3) days, this Lease and the Lease Term hereunder shall end and
expire and Lessee shall then quit and surrender the Leased Premises to Lessor.
1a:.� If the notice provided for in Section 15.1 hereof shall have been given, and the term
shall have expired as aforesaid; or (i) if Lessee shall default in malting a timely payment as herein
provided; or (ii) if any execution or attachment shall be issued against Lessee or any of Lessee's
property whereupon the Leased Premises shall be taken or occupied or attempted to be taken or
occupied by someone other than Lessee; or (III) if there occurs a Bankruptcy Default as defined in
Section 16 hereof; then, and in any of such events, Lessor may, without notice, re-enter the Leased
Premises either by force or otherwise, and dispossess Lessee and the legal representatives of Lessee
oI, other occupant of the Leased Premises, by summary proceedings or otherwise, and remove their
effects. Lessee hereby waives the service of notice of intention to re-enter or to institute legal
proceedings to that end. If Lessee shall default hereunder prior to the date fixed as the commencement
of any renewal or extension of this Lease, Lessor may cancel and terminate such renewal or extension
agreement by written notice.
15.3 Lessor may, in addition to any other remedies set forth in this Section, suspend rail
service in the event Lessee breaches any of the covenants in this Lease, and such suspension may
continue until such breach is remedied.
HANDY TRUCK TRACK LEASE Page B of 15 WATCOIpwailand
04/06/2017
AUDIT #BVRR5020
IILSINMEMEMAYINONJA
If, at the date fixed as the Commencement Date or at any time during the Lease Term, there
shall be filed by or against Lessee in any court, pursuant to any statute either of the United States or
of any state, a petition in bankruptcy, or there shall be commenced a case by or against Lessee under
the Bankruptcy Code, or a petition filed in insolvency or for reorganization or for the appointment of
a receiver or trustee of all or a portion of Lessee's property (all the hereinabove collectively referred
to as a "Bankruptcy Default"), Lessor may terminate this Lease in which event neither Lessee nor any
person claiming through or under Lessee by virtue of any statute or of an order of any court shall be
entitled to possession or to remain in possession of the Leased Premises, and shall immediately
surrender the Leased Premises to Lessor. Lessor, in addition to the other rights and remedies Lessor
has by virtue of any other provision contained herein or elsewhere in this Lease or by virtue of any
statute or rule of law, may retain as liquidated damages any rent, security, deposit, or monies received
by it from Lessee or others on behalf of Lessee.
17. I�11S C®I�I'I'I1�t11.AI�1CL.
Lessor shall not be responsible for any loss or damage sustained by Lessee in consequence of
any temporary elimination of the Tracks, or service thereover, due to circumstances beyond Lessor's
reasonable control. However, the payment of any rent or additional rent will be prorated for the period
oIf time the Tracks are out of service or service has been suspended under this section.
The waiver by Lessor of any breach by Lessee of any term, covenant, obligation or condition
herein contained shall not be deemed to be a waiver of any subsequent breach of the same or a waiver
of any other term, covenant, obligation or condition herein contained. The subsequent acceptance by
Lessor of any Base Rent or Additional Rent due hereunder or any or all other monetary obligations
oIf Lessee hereunder, whether or not denoted as Base Rent or Additional Rent hereunder, shall not be
deemed to be a waiver of any preceding breach by Lessee, of any term, covenant, obligation or
condition of this Lease, other than the failure of Lessee to make the particular payment so accepted,
regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. No
covenant, term, obligation or condition of this Lease shall be deemed to have been waived by Lessor,
unless such waiver is in a notice to Lessee executed by Lessor.
19. 1%T®TICI+JS.
Every notice, approval, consent, or other communication desired or required under this Lease
shall be effective only if the same shall be in writing and sent postage prepaid by United States
registered or certified mail (or a similar mail service available at the time), directed to the other party
aIt its address set forth below, or such other address as either party may designate by notice given from
time to time in accordance with this Section,
Lessor:
Boise Malley Railroad, LLC
420 Hansen St. South
Twin Falls, ID 83301
HANDY TRUCK TRACK LEASE Page 9 of 15 WATCO/pwatland
AUDf 17#BVRR5020
With copy to:
Watco Transportation Services
Attn: Real Estate Department
315 W. 3" St.
Pittsburg, KS 66762
Handy Truck Line, Inc.
P ® Box 300
Paul, ID 83347
20. �II�I�II�IG ®N SUCCESS®IDS.
The covenants and agreements herein contained shall inure to the benefit of and be binding
uPon the successors, heirs, personal representatives, and assigns of the parties hereto, subject,
however, to the provisions of Section 10 of this Lease.
�l. QUIET' EI�JC�YI�EI�tT.
Nothing herein contained shall imply or import a covenant on the part of Lessor for quiet
enjoyment.
22. ENTIREi AGREEMENT.
The entire agreement between Lessor and Lessee is set forth in this Lease and there are no
understandings, agreements, or representations of any kind between the parties, verbal or otherwise,
other than as set forth in this Lease. No change or modification of any of the covenants, terms or
provisions hereof shall be valid unless in writing and signed by the parties hereto.
�,3. I�ADII�dGS.
The heading of each section of this Lease is for convenience only and it shall not affect any
construction or interpretation of this Lease.
Lessor shall have the right to enter the Leased Premises at reasonable hours in the day or night
to examine and inspect the Leased Premises, make such repairs, additions or alterations as it may
deem necessary for the safety, preservation or restoration of the Leased Premises and the
improvements, if any, located thereon (there being no obligation, however, on the part of Lessor to
make any such inspections, repairs, additions or alterations), or to exhibit the Leased Premises to
prospective purchasers.
In the event any mechanics' lien is filed against the Leased Premises as a result of alterations,
additions or improvements made by Lessee, Lessor, at its option, upon thirty (30) days notice to
Lessee, may terminate this Lease and may pay said lien, without inquiring into the validity thereof,
and Lessee shall forthwith reimburse Lessor the total expense incurred by Lessor in discharging said
lien.
HANDY TRUCK TRACK LEASE Page 10 of 15 WATCO/pwatland
04/06/2017
OIL
AUbi I IT-bVRR5020
Lessee shall not record this Lease without the prior consent of Lessor.
27. J�II�I'�' A.I�tI) SI+;�ItAL LIA�II.�I'I`�I.
If two or more individuals, corporations, partnerships or other business associations (or any
combination of two or more thereof) shall sign this Lease as Lessee, the liability of each individual,
corporation, partnership or other business association to perform all covenants, obligations or
conditions hereunder shall be deemed to be joint and several, and all notices, payments and
agreements given or made by, with or to any one of such individuals, corporations, partnerships or
other business associations shall be deemed to have been given or made by, with or to all of them. In
like manner, if Lessee shall be a partnership or other business association, the members which are, by
virtue of state or federal law, subject to personal liability, the liability of each such member shall be
joint and several.
If any term, covenant, obligation or condition of this Lease or the application thereof to any
person or circumstance shall be held invalid or unenforceable to any extent by a final judgment or
award which shall not be subject to change by appeal, then the remainder of this Lease or the
application of such term, covenant or condition to persons or circumstances other than those as to
which it is held invalid or unenforceable shall not be affected thereby and each term, covenant and
condition of this Lease shall be valid and be enforced to the fullest extent permitted by law.
Furthermore, each covenant, agreement, obligation and other provision of this Lease is and shall be
deemed and construed as a separate and independent covenant of the party bound by, undertaking or
making the same, and not dependent on any other provision of this Lease unless expressly so
provided.
29. BIB®RAGE C®I�IVIISSI®I�.
Any fees or commissions, with respect to the Leased Premises, due to a broker or finder• are
the sole responsibility of the Party that engaged those services.
30. II®I"ING ®iFR.
Should Lessee hold over in possession of the Premises or any portion thereof after the
expiration of the Lease Term or sooner termination as provided by this Lease without the execution
of a new lease agreement or renewal agreement, Lessee, at the option of Lessor, shall be deemed to
be occupying the entire Leased Premises from month to month, subject to such occupancy being
terminated by either party upon thirty (3.0) days notice to the other party, at a monthly rental equal to
200% of Base Rent due for the month immediately preceding the termination of this Lease, and
otherwise subject to all the other terms, covenants, obligations and conditions of this Lease insofar as
the same may be applicable to a month to month tenancy, including the payment of all Additional
Rent as defined in this Lease. The acceptance of rent by Lessor shall not be evidence that Lessor has
exercised its option to treat Lessee as a holdover tenant pursuant to the option set forth above.
3I. THIRD PARTY BENEFICIARY.
Nothing contained in this Lease shall be construed as to confer upon any other party the rights
of a third party beneficiary.
HANDY TRUCK TRACK LEASE Page 11 of 15 WATCO/pwatland
04/06/2017
e �
AUDIT #BVRR5020
3�. APPILICA�LI�J L1��V.
This Lease and the rights and obligations of the parties hereunder shall be constz•ued in
accordance with the laws of the State of Idaho.
33. SiTI��I�A.L.
Any covenant, obligation or liability which arose, may have arisen or was incurred by either
party hereto prior to the termination of this Lease shall survive the termination of this Lease.
3�. TEI1�®I.,®G�.
As used in this Lease, the tez•ms "Lessor," "Lessee" and "paz•ty" shall include the subsidiaries,
affiliates, directors, officers, agents and employees of Lessor and Lessee.
35. IJ�I3I�I'I'S.
The provisions typed on this page, and/or the following pages, and any exhibit or addendum
to this Lease shall be deemed a pazt hereof.
36. Ii ®I2CI�J 1�A�I.71�IJ.
Subject to the terms and conditions of this Lease and specifically excluding the obligation
to pay Rent as provided for herein, if an event of force znajeure has occurred, the non -performing
party shall be excused from further performance or observance of its obligations under this Lease
which are so affected for as long as such circumstances prevail and such party continues to use its
reasonable efforts to recommence performance or observance as soon as possible and to whatever
extent possible without delay. The non -performing party shall immediately notify the party to
whom performance is due and describe at a reasonable level of detail the circumstances causing
such Event of Default or delay.
(Signatu�•e page to follow)
HANDY TRUCK TRACK LEASE
Page 12 of 15
WATCO/pwatland
04/06l2017
i
J
AUDiT �#BVRR5020
�l�i 7I'I�IIE�� �R�®�', the parties have executed this Lease as of the date first set forth above.
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HANDY TRUCK TRACK LEASE
Page 13 of 15
WATCO/pwatland
04/OG/2017
EXHIBIT A
\` 4
AUDIT 4fBVRR5020
�TRACI< LEASE PREMISES INDICATED BY YELLOW LINE. TRACK #738 APPROXIMATELY 400 FEET.
RED DASHED LINE INDICATES RAILROAD RIGHT OF WAY BOUNDARY.
BOISE CUT-OFF - MIh�� POST
MERIDIAN, ADA COl-!N A�, s��!'a6 �
HANDY TRUC{< TRACK LEASE Page 14 of 15
WATCO/pwatland
04/OG/2017
AUDIT #BVRR5020
nr IL jvjkuAJul ILUM
At the end of each year, effective on the anniversary date of execution of lease agreement, rent
rate of leased premises shall increase by 3% of the amount paid the year previous.
HANDY TRUCK TRACK LEASE
Page 15 of 15
WATCO/pwatland
04/06/2017
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noreply@meridiarrcity.org
Friday, December 13, 2019 3:36 PM
scott@handywholesale.co "I 'cricla@meridiancityI%J rbeecroft@rYreridiancily.orq
rsG��er,;�e Address Verification Complete
Address verification is complete for record LDAV 2019-0812
Project: Handy Trucl< Line
Address:
530 E KING ST
MERIDIAN, ID 83642
Parcel(s):
R5672030510
Lot: 13
Block: 2
Subdivision: MERIDIAN BUSINESS PARK
Commen'cs:
Because the space owned by the railroad has no parcel number we are doing the verification for the NEAREST parcel to
the project location at 630 E King St City of Meridian
33 E. Broadway Ave., Meridian, Idaho 33642
Phone: 2.05-II88-4433
www.mer idiancity.org
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to
both release and retention, and may be released upon request, unless exempt from disclosure by law.
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