Lease Agreement with BHH Investments for Sanitary Sewer Lift Station at Southern Highlands Subdivision
LEASE AGREEMENT
SANITARY SEWER LIFT STATION LOT
SOUTHERN HIGHLANDS SUBDIVISION
THIS AGREEMENT is made and entered into this 1st day of July, 2014, by and between BHH
Investments 1, LLC, 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:
Approximately 9207 square feet of real property along E. Taconic Drive in
Meridian, Idaho, formerly identified as a portion of the Southerly Portion of
Lot 16, Block 01, Blackrock Sub No 01, Ada County Parcel No.
R0988260167, created by Instrument Number 109138590 and depicted as
"Detail C" on the attached Exhibit A. (the "Leased Premises").
TO HAVE AND TO HOLD said premises, together with the appurtenances, privileges, rights
and easements thereto belonging, unto the said Lessee upon the terms and conditions as follows:
LEASE TERM: The Lease Term shall commence on the date that the Southern
Highlands Subdivision Boundary Line Adjustment is recorded in the Real Property Records of Ada County,
Idaho and shall continue until such time that the permanent sewer main is active, receiving the existing
Blackrock Subdivision wastewater and Lessee no longer needs to operate the sanitary sewer lift station on the
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Leased Premises. The time frame for this abandonment of the lift station shall be no more than 30 calendar
days after the new sewer main is active and receiving wastewater and Lessor has notified Lessee in writing
that the lease has been terminated and that Lessee's equipment needs to be removed from the premises.
After 30 days from the date of said written notice, all items remaining on leased land shall become the
property of the Lessor and this agreement will be satisfied.
2. RENT: 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
are not limited to Lessee's ability to provide continued sanitary sewer service in advance of platting and Lessor
having the benefit of un -interrupted sanitary sewer service.
3. USE OF PREMISES: Lessee covenants and agrees that the Leased Premises shall
be used for a sanitary sewer lift station site, and shall not be used for any other purpose or purposes without
the prior written consent of Lessor.
4. MAINTENANCE: 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.
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.
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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.
B. 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. 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
of the Leased Premises or any part thereof, or from the street or subsurface, orfrom 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.
10. 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.
11. 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.
12. 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
default be made by the Lessee in keeping, performing or observing any of the covenants and agreements
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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-enterthe Leased Premises again to repossess and enjoythe 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.
13. 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,
condition or occupancy of the Leased Premises or (iii) losses resulting from a breach of this provision of this
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agreement. This obligation to indemnify shall only to the extent allowed by law, and 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.
14. 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.
15. 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: BHH Investments 1, LLC.
Brad Pfannmuller
1025 S. Bridgeway Place, Suite 290
Eagle, Idaho 83616
John Marshall Law PLLC
575 W Bannock St, Suite B
Boise, ID 83702
Lessee: City of Meridian
City Clerk
33 E. Broadway Ave
Meridian, ID 83642
City of Meridian
Warren Stewart — City Engineer
33 E. Broadway Ave
Meridian, ID 83642
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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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
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STATE OF IDAHO,
ss.
County of Ada,
LESSOR
BHH Investments 1, LLC
On this 301`' day of UOt , 2014, before me, the
undersigned, a Notary Public in and for said State, personally appeared 7Umfs H'tfuvn-h- , known
or identified to me to be a Manager of KH 4 'Invy&+W"is I p LL(, and who executed
the instrument, and acknowledged to me that h c executed the same.
(SEAL)
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RESIDING ATA
MY COMMISSION
LESSEE
CITY OF MERIDJAN, IDAHO
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By:
�Ls Mayor
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STATE OF IDAHO, )
ss.
County of Ada. )
On this $ 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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