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1912 CENTER LEASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND THE RETIRED SENIOR VOLUNTEER PROGRAM THIS 1912 CENTER LEASE AGREEMENT (hereinafter "Agreement") between City of Moscow, Idaho, a municipal corporation of the State of Idaho ("LESSOR"), and The Retired Senior Volunteer Program ("LESSEE"), to-wit WHEREAS, LESSOR wishes to utilize the space in the 1912 Center as fairly and productively as is reasonable; and WHEREAS, LESSOR has determined that entering into this Agreement with LESSEE is in the benefit of LESSOR and of the public at large; and WHEREAS, it is the plan of LESSOR to reserve a space for the use of LESSEE in the 1912 Center as designated hereinbelow; and WHEREAS, both LESSOR and LESSEE desire to accommodate each other's respective financial and staffing needs to the fullest extent possible; and WHEREAS, LESSOR and LESSEE wish to enter into this Agreement for the purposes stated herein. NOW, THEREFORE, PREMISES CONSIDERED, LESSOR hereby agrees to lease to LESSEE certain areas within the 1912 Center located at 412 East Third Street in Moscow, Idaho (more particularly described hereinbelow as Leased Premises) subject to the following covenants, reservations, and conditions: 1. TERM. This Agreement shall be effective for a period of eighteen (18) months commencing on October 1, 2003, and terminating at midnight on March 31,2005. 2. LEASED PREMISES. LESSEE shall have the full use of the following Leased Premises Monday through Friday, five ( 5) days per week from 8:00 a.m. until 5:00p.m. local time for the period of this Agreement The space provided by this Agreement shall be described as follows: That particular area located on the east side of the ground level known as the Senior Center and accompanying wellness office and storage space. The Senior Center occupies approximately 740 square feet, the wellness office approximately 147 square feet, and the storage space approximately 56 square feet 3. REMUNERATION. LESSOR agrees to waive the cost of rent during the term of this Agreement in exchange for LESSEE providing the volunteer personnel necessary to staff the 1912 Center during the agreed upon hours of operation. The agreed upon hours of operation under which LESSEE agrees to provide volunteer personnel necessary to staff the 1912 Center is incorporated as "Exhibit A" and is part of this Agreement. As long as LESSEE provides the volunteer personnel necessary to staff the 1912 Center during the agreed upon hours of operation, LESSOR shall pay LESSEE'S portion of any direct operational costs normally associated with use of the Leased Premises pursuant to this Agreement The basis for determining the value of services and fees pursuant to this Agreement are included in this Agreement as "Exhibit 1912 CENTER LEASE AGREEMENT Page 1 of 3 2004-03 ---PAGE BREAK--- 4. LESSEES USE OF LEASED PREMISES DURING EVENINGS AND WEEKENDS. Nothing shall prohibit LESSEE from using the Leased Premises during times not included within this Agreement The Leased Premises shall be used in a manner not to interfere with the current uses as a Senior Center. 5. TERMINATION. The parties reserve the right to terminate this Agreement without penalty upon sixty (60) days written notice to the other party. 6. SUSPENSION. This Agreement shall be suspended if said Leased Premises are damaged or destroyed. Said suspension shall continue until such time as Leased Premises are restored, but in no case shall such suspension extend beyond the termination date of this Agreement 7. INSURANCE. LESSEE agrees to provide general liability insurance in the amount of Five Hundred Thousand Dollars ($500,000) for activities related to its use of Leased Premises, and further shall include the City of Moscow, Idaho as a named insured under said policy of insurance. 8. HOLD HARMLESS/INDEMNIFICATION. LESSEE covenants to save, defend, keep harmless and indemnify LESSOR and all of its representatives, servants, officers, agents, and employees from and against any and all claims, loss, damage, injury, and costs (including, but not limited to, court costs and attorney's fees), charge, liability or exposure, however caused, resulting from, arising out of, or in any way connected with LESSEE'S performance of Agreement terms or its obligations under this Agreement. 9. ADDRESSES. All notices or other written communications required by this Agreement shall be deemed served by certified mailing of notice through the United States mail to the other party at the following address: City of Moscow P 0 Box 9203 Moscow ID 83843 Retired Senior Volunteer Program 1424 Main Street Lewiston ID 83501 1 0. ANTI-DISCRIMINATION. LESSEE agrees that it shall not discriminate as to the use of Leased Premises, or in employment, on the basis of age, sex, race, religious affiliation, or handicap. LESSEE agrees to conduct its operations in compliance with all-applicable laws, ordinances, and regulations of all applicable government agencies, boards, or departments. 11. ASSIGNMENT. Neither this Agreement nor the Leased Premises may be assigned or subleased by LESSEE. 12. INSPECTION. LESSOR, by its duly authorized representatives or officials, shall have access at all times to examine and/or inspect Leased Premises. 13. DEFAULT. If LESSEE shall default in the performance of any provision of this Agreement, and such default is not remedied within ten (10) days after receipt of written notice thereof by LESSOR to LESSEE or if LESSEE shall abandon the Leased Premises, LESSOR may terminate this Agreement upon written notice to LESSEE and further may exercise any remedy allowed by law to enter upon and take possession of said Leased Premises and shall hold LESSEE responsible for damages by reason of such default. 1912 CENTER LEASE AGREEMENT Page 2 of3 ---PAGE BREAK--- 14. CONDITION OF LEASED PREMISES/WASTE. LESSEE accepts Leased Premises in the present condition and LESSOR shall be under no obligation to repair, maintain, or improve Leased Premises for the benefit of LESSEE during the term of this Agreement Upon termination of this Agreement, LESSEE shall restore Leased Premises to the condition Leased Premises were in at the beginning of this Agreement and shall repair any damages to the Leased Premises stemming from LESSEE'S use of such Leased Premises. LESSEE further agrees that LESSEE shall not alter Leased Premises, either temporarily or permanently. 15. LESSEE has read and understands this Agreement and the contents thereof and has had the opportunity to avail itself of legal and of other counsel before entering into this Agreement and before signing it, and hereby enters into it voluntarily, willingly, and without inducement of IN 1TNESS WHEREOF, the parties have hereunto set their hands and seals this , Cl.AQ L3 0:At:) , 200.:-/ 6rtc day RETIRED SENIOR VOLUNTEER PROGRAM CITY OF MOSCOW: , r. r /1 ¥ i} . By 1 MW1a , K- us L BARBARA R BUSH STATE OF IDAHO ) ) ss. COUNTY OF ERJE / ATTEST: -67 . / . y I , ' ' ( j / < . f Ot.!.qpo v Ste lasz, C1ty Cle1 ( l ACKNOWLEDGMENT On this 5TH day of JANUARY, 2004 , 2003, before me, a Notary Public in and for said State, appeared3ARBARA R. 8 USH , known to me to be the person named above and acknowledged that he/she executed the foregoing document as the duly authorized representative of Retired Senior Volunteer PrograK\1111!1 , f.tt/11/ 5 0v