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
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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
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LEASE AGREEUENT - 14
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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,--
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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
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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.
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Connission Expires: 1-t-tt?-s
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LEASE AGREEI,IEilT . 1'
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CUSTOI',4ER
CITY OF MERIDIAN
"HUB OF TREASUBE VALLEY"
CITY CLERK'S OFFICE
33 E. IDAHO
TERIDIA]{, IDAHO T36{2
DATE
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FROM
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City Clerk s OlricoI49
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