Full Text
Nov 1 199j LEASE AGREEMENT This indenture is made this 2nd day of December 1991, by and between the City of Moscow, a mu-ni -cip- a-1 corporation, hereinafter referred to as ' CITY' and Retired Senior Volunteer Program, hereinafter referred to as 'RSVP'; WITNESSETH: That in consideration of the rents and covenants expressed herein, the parties agree as follows: 1. CITY does hereby lease, devise, and let unto RSVP, subject to the terms and conditions hereinafter set forth, an unspecified physical space in the Moscow Community Center. 2. The relationship between the CITY and RSVP is solely that of landlord and tenant. 3. This lease shall commence on the 1st day of December , 1991, and shall be for a term or tenancy of month to month. As rental for and use of the Moscow Community Center RSVP shall pay to the CITY the sum of Fifty Dollars ($50.00) on the first day of each month beginning with the month in which this agreement is executed. 4. RSVP agrees to surrender the premises upon five days written notice to the CITY if any of the following conditions exist: A. RSVP has failed to pay the rent by the first day of each month; or B. The CITY determines that the ongoing construction is detrimental to or subjects the tenant to possible harm. RSVP expressly acknowledges that they are aware of the CITY's plans to remodel the Moscow Community center and agree to the unqualified and unilateral decision making of the CITY at any time to make the determination that the construction is detrimental or subjects the tenants to possible harm. 5. CITY and RSVP reserve the right to terminate this lease without cause by giving notice of termination fifteen (15) days prior to the other party. 6. RSVP agrees and covenants to hold the CITY harmless from all liability, claims or damages by any act or omission of any kind whatsoever. RSVP agrees and ---PAGE BREAK--- covenants to carry adequate liability insurance for its operation and utilization of the Moscow Community Center. 7. All notices or written communications required by this lease shall be deemed served on mailing notice through the U.S. Mail to the other party at: City of Moscow P.O. Box 9203 Moscow, ID 83843 Retired Senior Volunteer Program 1424 Main Lewiston, ID 83501 8. This lease may not be assigned by RSVP without the prior written consent of the CITY. 9. The terms of this lease shall be binding on the heirs, executors, administrators and assigns of either party in a like manner as upon the original parties. 10. If any provision of this lease is in violation of any law it shall not be enforceable and shall be separate and apart and stricken from this agreement. 11. CITY covenants and agrees that if RSVP performs all the conditions of this lease that the CITY shall defend RSVP's lawful right to use and occupy the Moscow Community Center. It is understood by the parties that there is no specified space in the Moscow Community Center at the time of execution of the lease that this lease applies to. Instead the lease agreement is intended to create a right to use the facility for office space. In tness v!hereof, the CITY by and through its Mayor and City Clerk, and RSVP, by and through its representatives, have executed this lease the day and year written in their respective acknowledgements. RETIRED SENIOR VOLUNTEER PROGRAM cire, Director ---PAGE BREAK--- CITY OF MOSCOW Paul c. Ag1d1us, Mayor ATTEST: STATE OF ss County of On this day of , 19 , before me a Notary Public in and for said State, appeared and , known to me to be the persons named above and acknowledged to me that they executed the foregoing agreement. STATE OF IDAHO County of LATAH ss Notary Public in and for State of On this 5th day of December , 19 91, before me a Notary Public in and for said state, appeared Paul c. Agidius and Elaine Russell, known to me to be the Mayor and city Clerk of the city of Moscow and acknowledged to me that they executed the foregoing agreement. Noublic in ad for state of IDAHO