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REAL EST ATE LEASE AGREEMENT AGREEMENT, between City of Moscow, Idaho (herein referred to as "LESSOR") and James Huggins (herein referred to as "LESSEE"); WITNESSETH LESSOR leases and rents to LESSEE, and LESSEE leases and rents from LESSOR, the real property described as the residential dwelling located on the property recently purchased by the City of Moscow for the site of the proposed Aquatic Center, commonly known as 1714 East Street, Moscow, Idaho 83843. The term of this lease is through midnight on December 3 1, 1998 under the following terms and conditions I. RENT: LESSEE agrees to pay LESSOR a total of one-thousand two hundred ($1200) dollars due and payable as follows: four hundred ($400) dollars upon execution of this Agreement, four hundred ($400) dollars by the 5th day of November, 1998, and four hundred ($400) dollars by the 5th day of December, 1998. 2. NET LEASE The parties agree that this will be a fully net lease to LESSOR In addition to the rent, LESSEE agrees to pay or reimburse LESSOR for all expenses attributed to the leased property, including, but not limited to all exterior and interior house maintenance necessary to maintain the premises in as good condition as the same are now m. 3. PROPERTY OF LESSEE LESSEE agrees to provided property insurance on his property and hereby releases and discharges LESSOR from any liability for damage to the property of LESSEE while on the leased premises. 4. USE The premises shall be used as a single family private dwelling unit only, with the total number of adults and children residing herein not to exceed two. No subletting of the premises or any part is permitted. 5. WARRANTIES There are no warranties by LESSOR, and LESSEE, in executing this lease, is relying upon its own judgement, information, and inspection of the property 6. NO CLEAc'\!ING CHARGE LESSEE agrees to leave the premises in a clean condition and acknowledges that LESSOR will not assess a cleaning charge. The fact that no cleaning charge will be assessed does not relieve the LESSEE of LESSEE'S responsibility to maintain and clean the premises as outlined herein. 7. SECURITY DEPOSIT LESSEE agrees to pay upon execution hereof a security deposit of four hundred and no/100 dollars ($400.00) for the faithful REAL ESTATE LEASE AGREEMENT Page I ---PAGE BREAK--- performance of the terms and conditions of this agreement by LESSEE. Such deposit shall not be construed as rent and LESSOR is given the right to place such deposit in an interest bearing account, with the interest to accrue in accordance with State law or the LESSOR in the absence of a specific law otherwise. The security deposit shall be refunded to the LESSEE after deduction for all sums due LESSOR and damages to the property, only if LESSEE complies with the following 1) Delivery in writing to the LESSOR of a forwarding address for LESSEE, 2) Vacating of the premises in a clean condition, 3) Removal of property owned by LESSEE, 4) Return of all keys, 5) Giving of notice and compliance with all terms of this lease. LESSEE shall not withhold the payment of the last month's rent on the grounds the security deposit serves as security for unpaid rentaL 8. MAINTENANCE: LESSEE accepts the premises in their present condition and as part of the consideration for this lease at the specified rental, LESSEE expressly waives any warranty of habitability. 9. UTILITIES Unless otherwise specified herein LESSEE shall pay for all utilities used in and about the premises. 10. ABANDONED PROPERTY All property found in or about the premises following vacating by LESSEE shall be considered abandoned and LESSOR may dispose of same as it shall see fit without compensation to LESSEE. I I. ALTERATIONS AND IMPROVEMENTS No alterations, additions or improvements shall be made to the structure, nor any sign placed upon the leased premises by LESSEE without first obtaining the written consent of LESSOR. All alterations, additions or improvements made by LESSEE shall be the property of LESSOR and surrendered with the premises at termination of this lease. 12. ENTRY BY LESSOR LESSOR shall have the right to enter the leased premises at any reasonable time to examine the same and determine the maintenance and state of repair. 13. FIRE OR OTHER LOSS If any structure shall be damaged by fire, the elements or other causes, LESSOR will cause the same to be repaired and restored unless caused by the acts or negligence of LESSEE or its employees, in which case the LESSEE shall restore and repair the premises. If any structure is so damaged as to be unfit for use or occupancy, the rent of LESSEE shall be adjusted accordingly. If any structure is destroyed to the extent of fifty percent (50%) or more of its value, LESSOR may, at its option, terminate this lease rather than restore the premises. 14. INDEMNIFICATION LESSEE agrees to indemnify, defend, and hold harmless LESSOR, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgements for damages or injury to persons or property arising REAL ESTATE LEASE AGREEMENT Page 2 ---PAGE BREAK--- out of or in connection with the acts and/or any performances or activities of LESSEE, LESSEE'S agents, employees, or representatives under this Agreement 15. HAZARDOUS WASTE: LESSEE agrees not to store, generate, or otherwise use or bring upon the property any hazardous waste as defined by federal, state or local laws or regulations. 16. TIME OF ESSENCE AND DEFAULT Time is of the essence of this agreement. If LESSEE defaults in any of the terms of this agreement for a period of ten (10) days after written notice of default has been sent by LESSOR, the LESSOR, at its option and in addition to all other legal and equitable remedies, may declare this lease forfeited and terminated and re-enter and repossess the leased premises. Upon such forfeiture and termination, all rights of LESSEE under this agreement shall immediately terminate. Provided, however, that nothing herein shall be considered an election of remedies or limitation of damages. 17. RENEWALS This lease may not be renewed by LESSEE. Should circumstances suggest that LESSEE would like to continue residing in the Premises, all conditions of such an arrangement would be negotiated at that time. 18. ASSIGNMENT OR SUBLETTING PROHIBITED LESSEE shall not assign this lease nor sublet the whole or any part thereof without the written consent of LESSOR. 19. USE OF PROPERTY LESSEE will use the property for the purpose of LESSEE'S private residence and shall at all times comply with all laws, regulations and ordinances. LESSEE'S use of the property shall not be changed without the consent of LESSOR. 20. ENTIRE AGREEMENT This is the entire agreement of the parties regarding the subject premises and can only be modified or amended in writing by the parties. 21. ATTORNEY FEES: If action is brought to enforce the terms or provisions of this lease, or to enforce forfeiture for default, or to collect damages for breach, the prevailing party in such action shall be entitled to recover from the losing party reasonable attorney fees together with costs authorized by law. In addition, LESSEE agrees to pay the sum of One Hundred Dollars 00) for costs and attorney fees for each notice of default served upon LESSEE by LESSOR. 22 SERVICE OF NOTICES Any notice may be served on LESSOR by certified mail to LESSOR at 206 East Third Street, Moscow, Idaho 83843. LESSEE by certified mail to LESSEE at Post Office Box 3105, Moscow, Idaho, 83843. Service of a notice by certified mail shall be deemed complete upon the date of the postmark by certified mail. Either party may change the address for services of notice by written notice to the other party. REAL ESTATE LEASE AGREEMEl'ff Page 3 ---PAGE BREAK--- DATED this t S day of LESSOR Director of Parks and Recreation City of Moscow, Idaho STATE OF IDAHO ) ) ss COUNTY OF LATAH ) , 1998. LESSEE On this day of October, 1998, before me, the undersigned, a Notary in and for said State, personally appeared James Huggins known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same. SS WHEREOF, I have hereunto set my h . and and affixed my official seal the .