Lease Agreement with Mission Coast Properties for Well Lot Lease Reflection Ridge No. 3 Christopher ADA COUNTY RECORDER D.Rich AMOUNT .00 12
BOISE IDAHO 06/27/14 09:30 AM
DEPUTY Bonnie Oberbiilig
RECORDED—REQUEST OF 114050780
Meridian City
LEASE
THIS AGREEMENT is made and entered into this 24th day of June, 2014, by and between
Mission Coast Properties ID Inc., and hereinafter referred to as the "Lessor," and THE CITY OF MERIDIAN,
IDAHO, hereinafter referred to as the "Lessee."
WITNESSETH:
That the said Lessor, for and in consideration of the benefits, covenants and agreements
hereinafter mentioned on the part and behalf of the said Lessee to be paid, kept and performed,does by these
presents grant,demise and lease unto the said Lessee, and the said Lessee does by these presents hire,rent
and take from the said Lessor,that certain real property located on the following described real property,to wit:
See Exhibits"A"and"B"(map of site&legal description)attached hereto and,
by this reference, incorporated herein as if set forth in full. (the "Leased
Premises")
TO HAVE AND TO HOLD said premises,together with the appurtenances, privileges, rights
and easements thereto belonging, unto the said Lessee for the term of ten (10)years,said term to commence
on July 1, 2014 and terminate on June 30, 2024, (the"Initial Lease Period")for the rental and upon the terms
and conditions as follows:
1. RENTAL: Lessor and Lessee hereby waive monetary rent and agree that the mutual
benefits provided herein constitute adequate consideration for this agreement. The mutual benefits include but
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are not limited to Lessee's ability to begin drilling a well in advance of platting and Lessor having the benefit of
water service sooner that would otherwise be available.
2. USE OF PREMISES: Lessee covenants and agrees that the Leased Premises shall
be used for a water well site, including pumping station and the construction thereof,and shall not be used for
any other purpose or purposes without the prior written consent of Lessor.
3. MAINTENANCE:The Leased Premises is bare ground. Lessee shall,at Lesee's sole
cost and expense agrees to maintain the Leased Premises in as good condition as the same is in at the time
Lessee shall take possession of the Leased Premises, reasonable wear, tear and damage by the elements
excepted and at the termination of this Lease in any manner, Lessee shall surrender said premises to Lessor in
such condition.
4. ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make
alterations and improvements to the Leased Premises by the construction of a municipal water well thereon
and the addition of such other improvements consistent with municipal purposes. Lessee shall maintain all
such alterations and improvements made by Lessee. Upon the termination of this Lease,such improvements
as shall have been added or made by Lessee shall not revert to the Lessor,and shall not become a part of the
Leased Premises so leased herein. Lessee's construction of said municipal water well and other
improvements shall comply with all Covenants Conditions and Restrictions(CC&Rs)and all design guildines
applicable to the Leased Premises. Prior to construction, Lesee shall obtain design approval from the
subdivision architectural control committee utilizing the procedure set forth in the CC&Rs,which approval shall
not be unreasonably withheld.
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5. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and
federal laws, rules, regulations and ordinances and to do all things necessary to stay in compliance with the
same.
6. UTILITIES: It is expressly agreed that during the full term of this Lease, Lessee shall
furnish and promptly pay for any utilities required for the Leased Premises and improvements at Lessee's own
cost and expense.
7. TAXES AND ASSESSMENTS: Lessee shall pay all real estate taxes and
assessments of any kind levied against the above demised premises during the term of this Lease and any
extension thereof promptly as the same become due.
8. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor sublet to
any other lessee the said leased premises or any portion thereof, without the written consent first obtained of
Lessor; provided, however, such consent shall not be unreasonably withheld by Lessor.
9. LABOR CONTRACTS AND EMPLOYEES: The parties expressly covenant and
agree that all labor contracts and employment agreements with employees providing services to or
construction upon the Leased Premises shall be made directly with Lessee and that all such employees shall
be deemed solely the employees of Lessee and in no way employees of Lessor. Lessee covenants and
agrees to indemnify and hold harmless Lessor of and from any liability for any acts of employees of Lessee or
any acts of persons working for Lessee under a labor contract.
10. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the
premises hereby leased nor permit any waste or damage to be done thereto.
11. LIABILITY: Lessor shall not be liable for any injury or damage which may be
sustained by any person or property of the Lessee or any other person or persons resulting from the condition
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of the Leased Premises or any part thereof,or from the street or subsurface,or from any other source or cause
whatsoever, nor shall the Lessor be liable for any defect in the structures on said demised premises, latent or
otherwise, and Lessee agrees to indemnify and hold harmless Lessor from such liability.
12. LIABILITY INSURANCE: Lessee shall maintain a comprehensive liability insurance
policy covering the above-demised premises during the term of this Lease with a responsible insurance
company,all at the sole cost and expense of Lessee, in the names and for the benefit of Lessee and Lessor in
the sum of$500,000.00 single-limit coverage.
13. FIRE AND EXTENDED COVERAGE INSURANCE: Lessee shall maintain fire and
extended coverage on the improvements to the real property placed thereon by Lessee and Lessor shall be
under no obligation to maintain any fire or extended coverage insurance thereon.
14. CONDEMNATION: If the entire premises, or a substantial part thereof, are
condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time possession is
taken.
15. LESSOR'S RESTRICTIONS: Lessor further covenants and agrees that it will not
construct,or allow to be constructed, any subsurface waste water or stormwater disposal facilities within 125
feet of the boundaries of the Leased Premises.
16. LEASE RENEWAL: Unless either party terminates this lease prior to the end of the
Initial Lease Period,this lease shall automatically renew for additional one year terms.
17. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each
and every one of the conditions of this Agreement are expressly made the essence of this Agreement. If
default be made by the Lessee in payment of any part of Lessee's rent when the same shall become due, or
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default be made by the Lessee in keeping, performing or observing any of the covenants and agreements
herein contained and such default shall remain so for a period of thirty(30)days after written notice shall have
been sent by certified or registered mail to Lessee as hereinafter provided,then in such event the Lessor may,
at Lessor's election,either in law or equity, seek specific performance of this Agreement or may declare said
term and Lease forfeited and ended and re-enter the Leased Premises again to repossess and enjoy the same
as in their first estate,and the effect of such default shall in itself,at the election of Lessor,without further notice
or demand constitute a forfeiture and termination of this Lease, and if thereafter the Lessee shall fail to
surrender possession of the Leased Premises to Lessor,the Lessee shall be deemed guilty of an unlawful and
forcible detention of said premises. If Lessee shall abandon or vacate the Leased Premises,or if this Lease be
terminated for breach of any of the covenants and agreements herein contained, Lessee hereby agrees to pay
all reasonable expenses incurred by Lessor in obtaining possession of said premises from Lessee, including
reasonable legal expenses and attorney's fees, and to pay such other expenses as the Lessor may incur in
putting the Leased Premises in good order and condition as herein provided, and also to pay all other
reasonable and necessary expenses or commissions paid by Lessor in re-leasing the Leased Premises. In the
event of notification of default by Lessor to Lessee and Lessee does in fact cure such default,then and in that
event Lessee shall pay, in addition to all arrearages as existing under the notice of default, the reasonable
attorneys fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee.
18. INDEMNIFICATION: During the term of this Lease (and thereafter, for incidents
occurring during any term of this Lease)Lessee shall indemnify,defend and hold harmless Lessor against any
and all claims, liabilities,damages,expenses(including reasonable attorney fees),judgments,proceedings and
causes of action of any nature arising from: (i) injury to or death of any person, or damage to or loss of any
property occurring on, in or around the Leased Premises, or (ii) growing out of connected with the use,
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condition or occupancy of the Leased Premises or(iii) losses resulting from a breach of thisp rovision of this
agreement. This obligation to indemnify shall be limited to the acts or omissions of Lessee or its officers,
contractors, licensees, agents, servants, employees, guests, invitees or visitor and not caused by the
negligence or other wrongful act of omission of Lessor,or Lessor's officers,employees,or servants. Lessee's
obligation to indemnify shall survive the satisfaction of this agreement.
19. (This paragraph intentionally left blank)
20. ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or
provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties hereto, the
successful party to such action or collection shall be entitled to recover from the losing party a reasonable
attorney's fee, together with such other costs as may be authorized by law.
21. NOTICES: All notices required to be given to each of the parties hereto under the
terms of this Agreement shall be given by depositing a copy of such notice in the United States mail, postage
prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following
address:
Lessors: Mission Coast Properties ID Inc
13402— 13A Avenue,
Surrey, BC V4A 1 C3
Lessee: City of Meridian
33 E. Idaho
Meridian, ID 83642
or to such other address as may be designated by writing delivered to the other party. All notices given by
certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided
herein.
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22. REPRESENTATIONS: It is understood and agreed by and between the parties hereto
that there are no verbal promises,implied promises,agreements,stipulations, representations or warranties of
any character excepting those set forth in this Agreement.
23. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of
and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties
hereto.
24. SITUS: This Lease is established and accepted by the Lessee under the laws of the
State of Idaho, and all questions concerning its validity, construction and administration shall be determined
under such laws.
25. HEADINGS: The bolded paragraph headings are for convenience only and are not a
part of this Lease agreement and shall not be used in interpreting or construing this Lease agreement.
26. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason,
invalid or unenforceable,the remaining portion or portions shall nevertheless be valid,enforceable and carried
into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto.
IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Agreement the day
and year first above written.
"Lessors"
Missio ►•: Prope - D I -.
BY:
Lem: it uthie, ' -sident
1111,
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STATE OF IDAHO, )
: ss.
County of Ada,
On this /04. day ofSCV1—e-- 2014, before me,the
undersigned,a Notary Public in and for said State, personally appeared Lorne Duthie,known or identified to me
to be the President of Mission Coast Properties, ID, Inc.and who executed the instrument,and acknowledged
to me that Mission Coast Properties, ID, Inc. executed the same.
Lot
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"Lessee"
STATE OF IDAHO, )
: ss.
County of Ada.
On this 04 day of ,2014,before me,the
undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee
Holman., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
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17113
T'[3 ENGINEERS
CONSULTING ENGINEERS,SURVEYORS AND PLANNERS
332 N.BROADMORE WAY SUITE 101
NAMPA,IDAHO 83687
208-442-6300•FAX 208-466-0944
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...irmr& -),Pirdo IP- 'Iv,
Project: 140008 / 'r'. 96o c:t!r
Date: Aril 28 2014
Page: 1 of 2 �4rE0E‘101"),
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EXHIBIT "A
Proposed Reflection Ridge Subdivision No.
City of Meridian Domestic Well Parcel
This Parcel is situated in a portion of the S.W. 1/4 of the N.E. 1/4 and the N.W. 'A of the S.E. 1/4 of
Section 30, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more
particularly described as follows:
COMMENCING at the southwest corner of said S.W. '/ of the N.E. 'A;thence along the south
boundary of said S.W. 1 of the N.E. 1/4,
A) N.89°43'54"E.,451.28 feet to the POINT OF BEGINNING;thence leaving said south
boundary,
B) N.00°00'00"E., 7.83 feet; thence,
1) N.89°00'35"E., 121.35 feet to a non-tangent point of curvature on the proposed
westerly right-of-way of N. Shimmering Way; thence along said proposed right-of-
way and a curve to the right,
2) Having an arc length of 58.62 feet, a radius of 169.00 feet, through a central angle of
19°52'29" and a long chord which bears S.12°04'39"E., 58.33 feet to a point of
tangency; thence continuing along said proposed right-of-way,
3) S.02°08'25"E., 45.31 feet to a tangent point of curvature on the westerly right-of-way
of S. Shimmering Way and the northerly boundary of Reflection Ridge Subdivision
No. 1, on file in Book 106, Pages 14563 through 14569, records of Ada County;
thence along said northerly boundary and a curve to the right,
4) Having an arc length of 31.42 feet,a radius of 20.00 feet,through a central angle of
90°00'00" and a long chord which bears S.42°51'3 5"W., 28.28 feet to a point of
tangency on the northerly right-of-way of E. Radiant Ridge Drive and the westerly
boundary of said Reflection Ridge No. 1; thence leaving said westerly boundary and
along the proposed northerly right-of-way of West Radiant Ridge Drive,
5) S.57°55'46"W.116.07 feet; thence leaving said proposed northerly Right-of-way,
BOISE• COEUR d'ALENE•NAMPA
L:11400081Survey Descriptions 0428l4.doc
Project: 140008
Date: April 28,2014
Page: 2 of 2
6) N.00°00'00"E., 117.31 feet to the POINT OF BEGINNING.
CONTAINING 16,287 square feet,more or less.
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