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1988 – Chamber of Commerce LeaseLEASE AGREEMENT THIS LEASE made this day between the city of }[eridian, (hereinafter referred to as rrCityr), commerce, Inc., an Idaho corporation ItLesseetr ) : I. , 1988, a municipal corporation and the Meridian chamber of (hereinafter referred to as GRANT OF LEASE, DESCRTPTION OF PROPERTY. AND DURATION OF LEASE That in consideration of the rents, and conditions on the part of the l-essee to be paid, kept, and performed as hereinafter mentioned, city hereby agrees to lease to Lessee a certain parcel of real property situated in Storey Park, located in the city of Meridian, Ada County, State of Idaho, said parcel is more particularly described in Exhibit A which is attached hereto and incorporated by this reference. To have and to hold the said parcel of ground unto the use of said Lessee, its successors and assigns, for the term of fifty (50) years beginning on the date of these presents. The city covenants that upon the expiration of said term of 50 years it will negotiate for another lease of said prenises. II. RENT L€ssee agrees to pay to city as rent for said prenises one and No/1OO Dollars ($1.00) Per year, which paynents are to conmence on the Lst day of october, 1988, and continue on the first day of each year thereafter during the term of this lease. LEASE AGREEI{ENT - 1 III. CONSTRUCTION OF BUILDING BY LESSEE Lessee agrees that it wilI, within trrenty-four (24) months after the execution of this lease, connence, and, without internission and with reasonable expedition, proceed wlth the erection of a building on the denised land and will at its own expense conpletely furnish the same for use and occupation as the office of the Meridian Chanber of Conmerce as rrell as serve as a visitor's center, on or before the 1st day of October, 1990, in a substantial and workmanlike nanner, according to such p1ans, elevations, sections, conditions, and specifications as shall be previously approved of in writing by City, and such new building shall in every respect conply with the 1aws, ordinances, and regulations, nunicipal or otherwise, that nay govern the construction of same, and L€ssee sha1l save City han0less of and frorn any loss or damage by reason of the construction of the neu building, and by reason of any nechanic,s liens or encunbrances of any kind or nature. rv. PUBLIC RESTROOMS As part of the construction of the building set forth above, Lessee agrees to allocate space in the building for two public restrooma with exterior entrances. L€ssee shall be responsible for erecting the outside walIs to said restrooms and having rrater, sewer and electricity hookups available. City agrees to assune total responsibility for furnishing the plurnbing and I,EASE AGREEMENT - 2 electrical bathroom fixtures, and sha11 supply the public restrooms for the ful1 tern of thia 1ease, including paying for the serrer and water charges and assegsments as they relate to the public restrooms only. The City ahatl not provide or pay for electricity for the public restroons. The L€ssee shall install the electrical and plunbing fixtures furnished by the City. v. TAXES, SPECIAL ASSESSUENTS . PUBLIC SERVICE CIIARGES L€ssee agrees to pay all taxes and assessnents, general and special , and aL1 other inpositions, ordinary, of every kind and nature whatsoever, Ievied or assessed upon the building or inprovernents at any time situated on the leased parcel during the terrn of the lease. L€ssee shall pay for all water and selrer connection charges and user charges associated rrith the structure, except those that relate to the two public restroons referenced in paragraph IV above. vI. CONDEI{NATION OF I,EASED PROPERTY The parties by this provision provide for the contingency that the prenises or a portion thereof could be taken by a public authority under the polrer of eninent donain during the term of this lease. With respect to the conpensation recovered upon any such taking, the parties agree that aII conpensation for the reduced value of or the loss of the fee title to the land the city's LEASE AGREE}MNT - 3 intereEt in the leasehold created by this lease and all other compensation except that hereafter specifically assigned to the L€ssee shall be the property of the City; and that compensation for the reduced value of or the IosE of the improvenents, including the building, located on the leased premises, the I-essee's moving expenses, the Lessee,s loss of business, and the depreciation of the Lessee,s stock and fixtures shall be the property of the L€ssee, EubJ ect to reasonable compensation to City a6 conpensation for its contribution of bathroom fixtures. VII. USE OF PREUTSES The parties acknowledge that the city is leasing the described parcel to Lessee to a1low l-€ssee to use the prenises as the main office of the Meridian chanber of commerce, Inc., as rrell a6 to operate a visitor's center at said location. As well as in addition thereto, Lessee shall be entj.tled to utilize the premises use during various chanber and chamber related neetings and events. Lessee shall also be entitled to operate a visitor's center on said prenises. In the event L€ssee shall ceaBe to use the leased prernises for a chaDber of commerce office, chanber of connerce related activities, and/or a visj-tor's center, such shall constitute a default of this Lease and shall entitle the City to tenninate this lease and/or pursue any remedy herein provided. L€ssee 6hall make no unlawful use of the leased premises, nor shall L€ssee perfom any acts or carry on any Practices upon the prenises which nay injure the enj oyment of the surrounding I,EASE AGRXEMENT - 4 park or be a nuisance or menace to the City or patrons of Storey Park. VIII. INSURANCE A. Liability fnsurance. The Lessee shall at atl tines keep enforced a standard insurance policy insuring the City and the Lessee against public liability on or in any way connected with the premises with the lirnits of liability in those anounts as currently set forth in the Idaho Tort Clains Act, or in such anounta aB rray hereafter be set forth by said Act during the tern of this 1ea6e. L€ssee further agrees to provide city with written proof of insurance at least annual1y, or upon the reasonable request of City. B. Lessee to Indennitv City. The Lessee hereby agrees to indennify and hold City harnless for any danages or clains which arise out of the Lessee's use or occupancy of the leased prenises . c. Fire Insurance. The L€ssee shalt at all tines during the tern of this lease carry and keep in force a standard fire j.nsurance policy insuring the prenises for the fuIl insurable value hereof with extended coverage. rx. CITY,S RTGHT TO ENTER PRE}IISES The city sha11 have the right to enter upon the prernises at all reasonable hours to inspect the same and for any other lauful Purpose. LEASE AGREEI.IENT - 5 I,EASE AGREEUENT - 6 x. OUIET ENJOYUENT The City warrants and agreeg that lt holds Derchantable title to the prenises, and that it ahall defend Lessee,s peaceful possession of the prenises during the tern of this tease agalnst all interruptions by the city or any person claining under the City unless this lease is terninated for the default of the I€ssee. xr. CTTY'S DEFAULT If the City shalL default in perforning any of the provisionB of this lease to be performed by it, the Lessee sha11 not pursue any available renedies (except to secure an order or j udgment of court restraining or enjoining each such default) until the I€ssee shalt notify the City thereof specifying each such default. If the City faila to correct each said specified default rithin ninety (90) days after service of such notice, the Lessee may, rrithout further notice, innediately: (a) Correct each specified default and deduct the costs thereof fron the next paynents due to City, or (b) Pursue any other renedy now or hereinafter provided by 1aw, no remedy above specified being exclusive. xrr. LESSEE'S DEFAULT If the Lessee shaLl default in perforrning any of the provisions of this lease to be perforned by the I-€ssee, the city shall not pursue any available renedies (except to secure an order or j udg'nent of court restraining or enjoining each such default) untit the city sha11 notify the Lessee thereof specifying each such default. A. Acts of Default. The following, but not liroited to the following, eventualities shaIl be acts of default by I-€saee, upon occurrence of which city sha11 have the right to declare this Iease innediately tenninated with the consequences herein pro- vided: (1) Failure to pay any paynent of rent within ninety (9o) days from the date the same becones due and payable; (2) Failure to cornply with any other provision hereof within ninety (90) days following written notice of defaul.t given by city, which said noti,ce of default shalI specify the natter in default; (3) Abandonment of the prenises by Lesseei or (4) conmencement of any proceedings to declare Lessee a bankrupt, or for relief under any of the Chapters of the Bankruptcy Act, rdhether voluntary of involuntary, or the appointnent of any receiver or trustee of the assets of L€ssee situated in or upon the leased preraises, or the sei.zure of atl or any substantial portion of the assets of L€ssee in or upon the leased prenises under any levy of attachnent or execution which shall not have been released within thirty (30) days after the date thereof. Upon ternination of this lease by declaration of city as above provided, City shall have the imrnediate right of re-entry LEASE AGREEI,IENT - 7 and may remove aII persons and property from the leased premises, and may cause any property so removed to be stored in a public warehouse or elsewhere at the coEt and risk of, and for the account of the I-€ssee, all vithout service of notice or resort to legal process and rithout being deened guilty of trespass, or beconing liabLe for any loss or danage which may be occasioned thereby. The remedies hereby granted to City, or provided to City elsewhere herein, shall not be exclusive, but shall be in addition to alI of the other rights and renedies nay be prosecuted by city contemporaneously or otherwise with the exercise of the said right of ternination and re-entry as herein provided for. B. Renedies Upon Default. If the L€ssee fails to correct each such specified default within ninety (90) days after service of such notice, the City Ddy, without further notice, innediately: (1) Correct the specified defaults in which case the cost thereof to the City shall be deened to be additional rent, shall be innediately due without further notice of default, and the City nay institute all necessary proceedings to collect the sarne i or (21 Declare this lease terninated in which case the City shall have the right to re-enter the prenises and re-lease the same . (3) Declare this lease tenninated, in which case all of the Lessee's rights under this Iease and in the prernises shal1 terrninate, the City shall be entitled to inmediate possession of LEASE AGREEI,TENT - 8 the preuises and all rent paid in advance shall becoroe the property of the City as rent and llquidated damages for the use of and injury to the prernises and for breach of this leasei or (4) Pursue any other renedy now or hereafter provided by Iaw, no remedy above specified being exclusive. XIII. TRANSFER BY LESSEE PROHIBITED The I€ssee shall not sell or contract to sell or assign or contract to assign this lease or sublet or part with possession of the preroises or any part thereof, or otherrrise transfer or hypothecate or assign as security or pledge or otherwise encumber the L€ssee's interest in this lease or in the prenises or any part thereof. It is agreed the reason and justification for the above restriction on alienation and transfer is reasonable and the City would not lease this property to any entity other than L€ssee for any use other than that stated in this lease. Any violation of the provisi.ons of thie paragraph by the I€ssee shall constitute a default by the L€ssee entitling the City to pursue any renedy herein provided for the default of the Lessee. xrv. ENFORCEUENT EXPENSE If any court action is brought to enforce any of the provisions of this lease, the losing party shall pay to the prevailing party a reasonable attorney's fee in such action. LEASE AGREEIIENT - 9 xv. ALL I{ODIFICATIONS TO BE WRITTEN No roodification of this lease nor any waiver of a provision hereof Ehall be of any force or effect unless the sane is in writing and signed by the parties hereto. xvr. l{oTrcEs A11 notices required or pernitted to be given hereunder shall be in writing and shall be sent postage prepaid by United States registered mail , return receipt requested. A notice mailed and addressed to the address set opposite the signature hereto of the party for whon the notice is intended, shall be deened served and conclusively presumed to have been recel,ved the day after it is nailed. Any party nay, by written notice given ae herei.n provided, change the address for notices to be sent to such party. XVII. TI}[E OF ESSENCE Tine and pronpt perfornance of each provision of this lease is of the es6ence. XVIII. WAIVER waiver by one party of one or more defaults in perfornance of any provision herein contained to be perfomed by the other party shall not waive the provision itself or any subseguent default in perfornance thereof or the provisions of this paragraph. LEASE AGREEUENT - 10 xrx. GOVERNING T,AW A11 questions relating to the construction and validity of this lease agreenent shall be deterroined in accordance with the laws of the state of Idaho. xx' INTERPRETATION The underlined paragraph headings used herein are for convenience only, are not a part of this 1ease, and shall not be used in construing it. This lease is executed in several counterparts and each counterpart shalI be deemed an original for atl purposes. Each provision of this lease to be perforned by the L€ssee shall be construed to be both a covenant and a condition. The tern itpersonn shall lnclude all legal entities, including, but not linited to, person, partnership, corporation, trust, estate, association, or governmental unit. Singrular terns used herein which relate to the City or to the Lessee shall be read as if wri,tten in the plural when the context so requires or pernits. xxr. BINDING EFFECT The agreenents herein contained shall be binding upon, apply and j.nure to the City,s and the Lesseers respective heirs, executors, administrators, successors and assigns. LEASE AGREEIT{ENT - 11 XXII. EFFECTIVE DATE Effective date means the date that this lease agreenent is dated above and is the date on whi.ch lt viII take effect regardleas of rrhether the parties hereto signed it before or after such date. XXIII. RIGI{T OF FIRST REFUSAL TO PURCHASE Upon the expiration of the tern, or termination of this Lease, or a subsequent consecutive r".=" lr {rrt"t"a into as negotiated under paragraph I above, the L€ssee shall, and hereby does, grant to the city, the first right to purchase the building constructed as ca11ed for in paragraph fII above. The terms of said purchase shalL be negotiable but in the event the price or terms are changed from what is offered to the City it shall be re-offered to the City for the sane price and terns, as changed. CTTY OF I,TERIDIAN, IDAHO 33 E. Idaho Street l,leridian, Idaho 83642 onorable Grant LEASE AGRXEI{ENT - 12 Uayor K f o rd IN WITNESS WHEREOF, the parties have subscribed their nanes and have set their seals on the day and year first above written. ATTEST: Nar c ty Cle ATTEST: E. FaFirst,ce Pre an siden STATE OF IDAHO )) ss. county of Ada ) on the J7 day undersigned, a Notary UERTDIAN CHAIIIBER OF COI.{IIfERCE, TNC. P.O. Box 557 Ueridia I o 83 642 B Steven Ande President n of ,-_t e . Yr<:- PubI c n and for , 1988, before ne, thesaid State, personally appeared STEVE ANDERSoN, known to ne to be the President of the I{ERIDIAN CHA!{BER oF co},lMERcE, INC., and E. rAYE BUCHANAN, knownby ne to be the First Vice President of the Meridian Chanber ofComerce, Inc., the persons whose nanes are subscribed to thewithin and foregoing instrument and acknowledged to ne that they executed the same of behalf of said corporation. IN WITNESS WHEREOF, I have hereunto affixed ny official sealthe day and year first above written.r!'ttt L. ary Public r Idahodian, Idahosiding at Meri LEASE AQ. My Connission Expires: 1-/- t?13 emanr B L\g=-l GRE\ utt - 13 STATE OF IDAHO )) ss. county of Ada ) on the )A aay of 1.o+e,-b"n , 1988, before ne, the undersigned, -a xotar! zublTE--I-n and for said -state, personally appeared GRANT KINGSFORD, knorm to ne to be the },layor of the CITY OF IIERIDIAN, IDAHO, and ,IACK NIEI,IANN, knorrn by me to be the Clerkof the City of l,teridian, the personE whose names are subscribedto the within and foregoing instrument and acknowledged to methat they executed the same on behalf of said City. IN WITNESS WHEREOF, I have hereunto affixed ny official seal the day and year first above written. id Commiss on Expires: 1- t-tt?S c for Idahol,[eridian, Idaho Pub n9a 1t t- LEASE AGREEUENT - 14 ;?y / Sheet Des."ipl,o". {nu' L-a* oP a ParcaL ob n;,b^; A4- '?^p^\ 5, lua.l rd y6 'llr t'lwi/qruwl/0,S€c.18,T.3i.u,rt?.)6. /flcrid 1;, A/a Cov,r.,11 ,Td aLo T}ris pav.tL ol yny^t\ ,vL yi,.\n"e- ;-tultiv.Inv\ dtscrtl-d as r fi fLr,rrs i (o^,'.r',.,.)3 r^t' {1..t ie t't,on. cA"v\t v ly1,v\b'l- fu ho'lhr,as{- Ctvwv ,r[ Scrtovr 18,'f,3rJ.) K.tE. 1t,,u. ,Ad" cov-16;4.r,-r-u eas{u-N . a,l;rt\ +tL l"ta.lu baunda^^X liu- $ sa',a 5ecfi,i,-ratro said. 1-;L b;A ) 4k qnbl^a o[ 1vu,^l"l^) Boa d t aypwtv,,^rt1\ l,oso [rat h o poi,t, t 4t ^r-e- s o dhul,.q o p L y,rv'r,wv.atrl" 4 5 {-uf, ,,fiff *fr.%^#,,,,-*-...n"a ,b ,iUH {" ;^- ^^0,0 o,tlu1u|;Jn, --il;.,-';,uiyY'*', panarfrl t"itr^ -Ir^r cl^d;,- l"Ll' 6rr^r-,100 tt1 *t a po-.*; ilr*..t- so:{h,.,t} opprwv".ot\ lzo fd"a po't^.t ,6 ,..**rr:.j*r.ydl.r o.^.- oa,ihnl Co-x<^-rI-r- rotdwa,tr Ct*b ; 1r^-l.",- so,all-o-as{r^)V^o-^l- ni$ha} / atrntr +t"- ,litl,nt cor.,tnrT-e roadwo^6 tr^nV opprrv-1,^at16 z{o Fu-f, to 4l"r Pg*t potv\f oF bE6rn,nr,a1 , Conprrsrnl appyfv\;fr./.it Ye e,cr-, moX oy [re, I l: li Exhibit ,l I I I I i I rlt.l A e Esll', tQ .O .Oq E Jat ,*. \.( ). \0 € rJ c.l o t H .s O\9 o. ('t e.\r\Cto =rr.,..) ) )g c.\. ) C) io _-t oo€o- -';> or+ >(-) \9 so ( !r( ) FI TUu\]ooI<h_z:- o4r 3s oLzu<2 A: $r9 Hg D I r(\. \CtO (l,J Ir, ) t*l'o I X t- (t\ -^ ()() \5i c_) C G..* .J) O o.\0-AO (f) c).* t --0.$ ll -9t{l \tl )t <.tll4l ullFl o-l ,( LEASE AGREEUENT THIS LEASE nade this day |-, 1988, betseen the City of l{erldian, (hereinafter referred to as iCityi), Comnerce, Inc., an Idaho corporation iL€sseei ) : a municipal corporation and the tleridian Chanber of (hereinafter referred to as I. GRANT OF LEASE, DESCRIPTION OF PROPARTY, AND DURATTON OF LEASE That in consideration of the rents, and conditions on the part of the I€ssee to be paid, kept, and perforned as herelnafter mentioned, City hereby agrees to lease to L€ssee a certain parcel of real property situated in Storey Park, located in the City of MeridJ.an, Ada County, state of Idaho, said parcel is more particularly described in Exhibit A whlch is attached hereto and incorporateal by this reference. To have and to hold the said parcel of ground unto the use of aaid L€ssee, its successorE and asaigns, for the tern of fifty (50) yeare beginning on the date of these presents. The City covenanta that upon the expiration of said tern of 50 years it will negotiate for another lease of said prernises. rr. RE}{T I€Eaes agrees to pay to City ag rent for said prernlses One and No/1OO DollarE ($I.00) per year, which paynentE are to connenc€ on the 1st day of Octob€r, 1989, and continue on the first day of each year thereafter durlng the tern of thls lease. all LEASE AGREEITENT - 1 IIT. CONSTRUCTION OT' BUILDING BY LESSEE I€saee agreeE that lt will, ulthin twenty-four (24) months after the execution of this lease, comnence, and, without inter:ligelon and wlth reasonable expedition, proceed with the erection of a building on the deulsed Land and vill at lts orn expense conpletely furnish the aane for use and occupation as the offlce of the Meridian Chanber of Conmerce as well as serve as a visitor'e center, on or before the 1st day of october, 1990, ln a substantial and rorknanlike nanner, according to euch plans, elevatJ.ons, sections, conditione, and speciflcationg ag shall be previously approved of ln rriting by city, and such nev buildlng shall in every respect conply slth the larrE, ordinances, and regulations, nunicipal or otherwise, that may govern the construction of sane, and L€ssee Ehall save clty hanlese of and fron any loss or danage by reason of the conEtruction of the new bullding, and by reason of any mechanic'g liens or encunbrances of any kind or nature. rv. PUBLIC RESTROOUS As part of the construction of the building set forth above, I€Esee agreea to allocate space in the bulldlng for tvo public reatrooDs rith exterior entranceg. I€sEee shall be responslble for eracting the outside wa1la to sald reatrooma and having uater, aeuer and electricity hookupa avallable. City agrees to aaauEe total reEponeiblllty for furnLehlng the plunblng and LEASE AGREEITTENE - 2 electrical bathroor fixtures, and EhaIl suppl.y the publlc reatroons for the full tern of thiB lease, including paying for the aeuer and water charges and aasessnenta as they relate to the publlc reatroomE only. The clty EhaII not provide or pay for electriclty for the public reEtroons. The L€6see shall install the electrical and plunbing fixtures furnished by the city. v. TAXES, SPECIAL ASSESSUEMTS. PUBLIC SERVICE CIIARGES I€saee agrees to pay aII taxes and assessnents, general and speclal, and all other inpositlons, ordinary, of every kind and nature whatsoever, levied or aEsesaed upon the building or irnprovenents at any tine situated on the leased parcel durlng the terE of the lease. I€sgee Ehall pay for all water and seuer connection chargeE and user charges associated rith the Btructure, except thoee that relate to the two public restroomE referenced in pa.ragraph IV above. vr. CONDEIItr{ATTON OF LE.ASED PROPERTY The parties by this provlsion provide for the contlngrency that the prenises or a portion thereof could be taken by a publlc authority under the power of eminent donaln during the tern of thiE Leaee. Ifith respect to the conpensatlon recovered upon any such taking, the parties agree that all coupensatlon for the reduced value of or the loss of the fee title to the land the Cltyrs LEASE AGREEXIIENT . 3 intereet ln the leasehold created by this lease and all other conpeneatlon except that hereafter speclflcally assigmed to the L€BBea ehall be the property of th€ City, and that coupenEation for th€ reduced value of or the loaa of the irprovenents, including the building, located on the leased preuises, the L€saee'g noving expenses, the L€Egee'a loss of business, and the depreciation of the r€ssee's Etock and fixtures shall be the property of the L€ssee, subJ ect to reaaonable comp€nsation to city aa conpensation for its contribution of bathroon flxtureE. VII . USE OF PREUISES The parties acknowledge that the city is leasing the described parcel to L€ssee to allou L€saee to use the prenises as the ualn office of the llerldlan chaDber of coDmerce, Inc., aE relI as to operate a visitor's center at sald location. As rell as in addition thereto, L€ssee shall be entitled to utilize the prenisea use during various chanber and chanber related meetings and eventa. L€ssee shal1 also b6 entitled to operate a visltor's center on gaid prenises. fn the event I€ssee shall cea8e to use the leased prenises for a chaDber of cornrnerce office, chaDber of Conrerce related activJ.ties, and/ or a visitor,E center, such slrall constltute a default of this I€aEe and shall entltle the City to terninate thiE lease and,/or pursue any renedy hereln provlded. L€Bses shall nake no unlawful uee of tha leaeed prenisee, nor ahall I€Eaee perforn any acts or carry on any practlcee upon the prenlaes which nay lnjure the enJoynent of the aurroundlng LEASE AGREEI,IENT . 4 park or be a nuiEanc€ or menac€ to the clty or patrons of storey Park. VIII. INST'RA}{CE A. Liabilitv Insurance. The L€6see shall at all tines keep enforced a standard insurance policy insuringr the city and the L€saee against public liability on or in any vay connected sith the preuises with the linlts of liability in those amounts as currently set forth in the Idaho Tort Clalns Act, or in such amounts as may hereafter be set forth by said Act during the tern of this 1ea6e. I€ssee further agrees to provide city vith written proof of insurance at leaEt annually, or upon the reasonable request of city. B. I€ssee to Indennity citv. The I€ssee hereby agreeg to indennlfy and hold city harnlesE for any damagea or clal.ns which ariEe out of the Lessee's u8€ or occupancy of the leased premlses. C. Fire Insurance. The L€Eaee shall at aII tinea durlng the tern of this lease carry and keep Ln force a standard fl.re insurance pollcy insuring the prenlses for the full insurabl.e value hereof with extended coverage. rx. CITY'S RIGHT TO ENTER PREUTSES The Clty shall have the rlght to enter upon the prenlsee at all reasonable hourg to lnspect th€ Ean€ and for any other larrful Purpoao. LE'ASE AGREEXENT - 5 x. OUIET ENJOYUE}I'T lho clty rarrant8 and agreea that it holds rerchantable titl€ to the prenlses, and that it shall defend L€ssee'a peaceful poeeeeslon of the prenises during the tern of this lease agalnst aII interruptions by the city or any person clalnirrg under the clty unlesE this lease ls ternlnated for the default of the L€asee. xr. CITY'S DEFAULT If the city shaII default ln perforning any of the provisions of this lease to be perfonned by lt, the tesEee shall not pur8ue any available remediee (except to secure an order or J udgment of court restrainlng or enJoining each such default) until. the L€asee shal} notify the clty thereof specifylng each such default. If the city falla to correct each said apeclfled default sithin ninety (90) days after service of such notice, the L€ssee nay, uithout further notice, inrmedlately: (a) Correct each specLfied default and deduct the coEts thereof fron the next paynenta due to Clty, or (b) Pursue any other remedy nov or hereinafter provlded by Iau, no renedy above speclfied being exclusive. XII. I,ESSEE'S DET'AULT If the LeEEee shalL default ln perfornlng any of the provleiona of thls lease to be perforDed by tha L€ssee, the Clty Ehall not pureue any avallable renedies (except to eecure an LEASE AGREEI,IEXT - 6 order or J udgrnent of court restralnl.ng or enJ oining each such default) untll the city shall notlfy the Leaaee thereof speclfying each such default. A. Acts of D€fautt. The folloring, but not lirited to the follorLng, eventuallties shatl be acts of default by l€asee, upon occurrence of shich city shall have the right to declare this Iease lnnediately terninated vlth the consequencee herein pro- vided: (1) Pallure to pay any paynent of rent within ninety (90) dayg froD the date the same beconeg due and payable; (21 Failure to conply rith any other provislon hereof within ninety (9o) days follorring vritten notlce of default given by city, rhich said notice of default ahall speclfy the natter Ln default i (3) Abandonnent of the prellses by I-€Eaee i or ({) conmenceDent of any proceedinga to declare L€saee a bankrupt, or for relief under any of the Chaptera of the Bankruptcy Act, nhether voluntary of lnvoluntary, or the appolntnent of any receiver or trustee of the aEset6 of L€ssee sltuated in or upon the leased prenises, or the seizure of all or any Eubstantlal portlon of the assetg of L€ssee in or upon the Ieased prernlsee under any levy of attachment or execution whlch EhaII not have been releaEed withln thtrty (30) days after the date thereof. Upon terninatLon of this lease by declaratlon of CIty aa above provided, City shall have the iunedlate right of re-entry LEASE AGREEI,IEIIT - 7 and Day reDove all peraons and property from the leased premlsee, and ray cauae any property so reuoved to be stored in a publlc warehouee or elserrhere at the cost and risk of, and for the account of the L€ssee, all rrithout service of notice or reso;t to legal proc€aa and rithout being deened gruilty of trespass, or becoring llable for any loEa or danage which may be occaEioned thereby. The rerediea hereby granted to Clty, or provided to City el8euhere herei.n, shall not be exclusive, but shall be in addltion to all of the other rights and renedieE may be prosecuted by City conternporaneously or otherwise with the exercise of the said right of ternlnatlon and re-entry as hereln provided for. B. Renedles Upon Default. If the I€ssee fails to correct each Euch specified default within ninety (90) days after service of such notice, the city [iy, uithout further notice, irnmediately: (1) correct the specified defaul.tE ln which case the coat thereof to the city shall be deeDed to be additlonal rent, shall be iunediately due sithout further notice of default, and the City ray lnstitute all necessary proceedings to collect the Eane; or (21 Declare this lease ternlnated in which case the Clty Ehall have the right to re-enter the preuises and re-leaEe the AAD€. (3) D€clare thls lease ternl.nated, in ryhlch case all of the Lesses'a rlghts under thlg lease and In the prerlees Ehall ternlnate, the City shall be entitled to inuedlate poaeeaeion of LE"ASE AGREEI.IENT - 8 the prelleee and aII rent paid ln advance shall become the property of the city aa rent and llquidated damages for the use of and injury to the premises and for breach of this leasei or (4) Pursue any other remedy now or hereafter provided by lau, no renedy above specified being excluslve. XIII. TRANSFER BY I.,,ESSEE PROHIBTTED The I€EEee shalt not seII or contract to sel.l or asslgn or contract to asslgn this lease or sublet or part with possession of the prenises or any part thereof, or otherwise transfer or hypothecate or aesign as security or pledge or othersise encunber the I€asee's interest ln this lease or in the prelises or any part thereof. It ia agreed the reason and Justification for the above reatriction on alienatlon and transfer Ls reasonable and the city vould not tease this property to any entlty other than I€ssee for any use other than that stated in this lease. Any violatlon of the provisions of this paragraph by the I€rsee 6ha11 constitute a default by the I-€ssee entltling the Clty to pursue any reDedy herein provided for the default of the I€ssee. xrv. ENFORCEUENjr EXPENSE If any court action 1a brought to enforce any of the provisions of thls lease, the loslng party shall pay to the prevalling party a reasonable attorn€yra fee in such actlon. LE,ASE AGREEUEilT 9 xv' AI,L I.TODIFICATIONS TO BE WRITTEN No nodiflcatlon of thls leaee nor any rralver of a provision hereof shall be of any force or effect unless the same ls in wrltlng and slgmed by the partleB hereto. xvr. NOTICES AII notices requlred or pernitted to be given hereunder shall be ln vriting and shall be sent postage prepaid by United states reglstered mail, return recelpt requested. A notlce nalled and addressed to the address eet opposite the signature hereto of the party for whon the notice ls intended, shal1 be deened served and conclusively presumed to have been received the day aftsr it lE nailed. Any party Eay, by rritten notice given as hereln provided, chang€ the addreEg for notlceE to be sent to such party. x\IIr. IIUB OF ESSENCE Tiue and pronpt perfornance of each provislon of this lease ie of the eaEence. XVIII. WAIVER tfal.ver by one party of one or uore defaults in perfornance of any provlsion herein contained to be perforned by the other party shall not vaive the provlalon itself or any subeeguent default ln perfornance thereof or the provisiona of thle paragraph. LE.ASE AGREE}IENT - 10 xrx. GOVERNINC IAI{ A1l queatlons relatlng to the conetructlon and valldl,ty of thIE leaee agreement shall be deternined in accordance vith the Iars of th€ state of Idaho. )o(. TNTERPRETATION The underlined paragraph headlngs used herein are for convenience only, are not a part of thls lease, and shall not be used ln construing it. This lease ls executed ln several counterparts and each counterpart shall be deerned an original for all pur;rosee. Each provision of this lease to be perforned by the [€E6ee shall be construed to be both a covenant and a conditlon. The tern rpersoni ehall lnclude all legal entitiee, including, but not linited to, peraon, partnership, corporatlon, truet, eetate, association, or govermental unlt. Singiular terns used herein rhich relate to the City or to the Lessee shall be read as lf uritten in the plural shen the context so requires or perDlts. )o(I. BINDTTG EFFECT fhe agreements hereln contalned shall be blndlng upon, apply and lnure to the Cityrs and the Leaaeera respectlve heira, executora, adnlnlstrators, successors and asel,gns. LEASE AGREEIT{EIT - 11 XXII. EFFECTIVE DATE Effectlve date neans the date that thls lease agreement is dated abovc and ig the dats on shlch lt wlll take effect regardlesa of whether the partlee hereto slgned Lt before or after such date. XXIII. RIGHT OF FIRST RETUSAL TO PURCHASE Upon the expiration of the ten, or teruination of this Ieaae, or a aubaequent consecutlve t"u"" it {.rt"."a lnto aE negotiated under paragraph I above, the I€ssee shall, and hereby does, grant to the city, the first right to purchase the building constructed ae called for in paragraph III above. The terns of said purchase shal,l be negotlable but ln the event the price or terlE are changed frou what ia offered to the city tt sha1l be re-offered to the city for the Ean€ prlce and terna, aa changed. Ill WITI{ESS WHEREOF, the partiee have subscrlbed their naues and hav€ set thelr seals on the day and year first above rrltten. CITY OF I,IERIDIAN, IDAHO 33 E. Idaho Street Itlerldian, Idaho 83642 rable Grant LE,ASE AGREET,IENT . 12 l,Iayor K f,-- J c ATTEST: ckty c1e ATTEST: E. FAFirst ce Pres iden STATE OF IDAHO ss. taa l aaar, L. uERIDrN{ CIIN{BER OF COI{I'ImCB, rNC. P.O. Box 557XerldlI o 83642 steven Ande PreEldent on Eald state, personally b€ the President of theE. FAYE BUCHAI{AN, knorrnthe f.{erldlan chaDber of ) ) )County of Ada on the _:7- day underslgmed, a Iotary of Sesle.--te'., 1988, before me, thePub[ElIn arxl foi appeared STEVE AI{DERSOI, knoyn to ne to I{ERIDIAI,I CIIN,IBER OF COUUERCE, I[C., andby ne to b€ the First Vice Preeident of ConDerce, Inc., the persona yhoae naneg are subscribed to thewithln and foregolng lnstrurnent and acknowledged to me that they executed the same of behalf of sald corporation. Ill WITIIESS IIHEREOF, I have hereunto afflxed ny official sealthe day and year first above yritten. AQ,. ou I Lrg ldlng Conul Publ.c Idahoat Uerldlan, Idahoaalon Expirea2 t/-/- th3 !:1:J LEASE :-t , .t''13 uy v tt REEX STATE OF IDNIO sa. county of Ada on the )O day of ,1. o1 c .-L e ,t , 1988, before ne, the undersigmed, . ttotary Publa- In and for sald stat€, personally appeared cRAllT KII{GSFORD, knoun to ne to be the Uayor of the CIIY oP UERIDIAII, IDAIIo, and JACK NlEttAllll, knoun by ne to be the clerkof the city of lleridian, th€ persona uhoa€ names are eubscrlbedto the sithln and foregolng inatrument and acknowledged to methat th6y executed the sane on behalf of said Clty. IN rITNESS I{IIEREoF, I have hereunto afflxed ny official sealtlre day and year fLrst above rritten. ) ) ) L. i-j 3;::., ir *O1 Ar?:. :., v 6'- ry PubI c for Idaholdlng at erldian, Idaho Connission Expires: 1-t-tt?-s P; LEASE AGREEI,IEilT . 1' ... (ot 1rroi...........-.-.-.. Dole.-.-....-..--...8y...-------. Sheel.....-.-.-----..Of ....-.-.--.- Des.tipt'o,,. for' L.arc oP a ParceL o[ n;r-^.; a\ 0.p-E 5. I ua { r d ivr 1Lr NWi/q ^t w/0, Sec. 16,f. 3. u., p., E /ncrid,;, A/a Corarnll , Td a{-o 1}ris par..L ,[ p*y-t1 ^.,- yv\ove- pa,t{r cwl"rt dtecvtlua as r film^rs i (o^rnonr,)X at tLt :rc'lroia, co'".ev lA" 6'F fu harlhurs{- (rlvnl,r o[ Scc-fron 16 ,T,3 N.) K.l E. .b,m. ,Ada UL,v-lU ;il'r,''rt- easl,^N . a,ln\ -hL Ylo.b, bounda.l li+ $ sa\a 5e c'friwra(ro said' L;L b;A ; 1t^, uf.l,i-ln,o o[ :]vu,^ll) Eooltaypvwi'^nn'u6 1,050 $r''t h oPoi'i.r / 4t^rL sou|fu*lu apL,yrrvt,rd,atLlrr 45{uf h po,"t m*r.liq itr r',^tr,'scc{rol ,b ,,l,i:|*- ;" ;^ - ^ro,o, Lrut li)',T*;*:tr:#;Y'** pa,rurrr witr^ *ru ond,*"- L)"t 6r,ur- tloo ttl k a poJ*i t1-*.r- Soilrral oypywtft-ofrti laso lptla pow.-t rrfi ta,.tr,r.srcfuL rvi]t o.^ w,ihn1 c-o-v.r^rIr rotdwa'6 e-arzr'b ; Jt..r,'"cr- :o^.{tlas{*"},^a^^* n-o$htlN / al,n^1 it"- ,ri.ltil corrrarli nadwap c* k opprt:t-: '-atrI6 ,'lo Frf {o 4, ?eer- lotaf of DE6rnnr'r1 , Cor+.pfrirn1 appvwt'v, &),5 /l acE, mox oy li.e. t*'i"J /t, lt li il lil ll ll ll lil l.l iil it iil iil itl l,[ ii sl luutuOE =&4ta6U\) o(z.u4t'a= C9 Hs D I t{\. \flOo e.l* l.Cr 6\ -A \(lO ^$c, v a, \c\() tr r./ o \o*O eE u?., Orc\ OIoo f r- J d.t I $r. <1 C) o \0 \9 r ) ) )\, s.. 9c.\ <i r-t) O ;'to -too;o. -E::iJoo o.*.-/ ! \qr(*-) t --t.o ll -gt .<L l\rl ,\t I A 3LI -lr-l o-l \9. ,( t-. i C to. * \9o CUSTOI',4ER CITY OF MERIDIAN "HUB OF TREASUBE VALLEY" CITY CLERK'S OFFICE 33 E. IDAHO TERIDIA]{, IDAHO T36{2 DATE O tt ,?/ d'/ 1s/' FECEIVEO FROM ACCOUr{T NO. WATER TAX OR SEWEF . ON TRASH HAUL M.O D CHECK tr q w s T City Clerk s OlricoI49 $t/c TOTAL CASH y1 ? U