Full Text
1912 CENTER LEASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND ARC OF LATAH COUNTY, IDAHO, INC. THIS 1912 CENTER LEASE AGREEMENT {hereinafter "AGREEMENT") between City of Moscow, Idaho, a municipal corporation of the State of Idaho {"LESSOR"), and ARC of Latah County, Idaho, Inc. {"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, it has been determined by City Council that ARC of Latah County, Idaho, Inc. need not reimburse City for use of Leased Premises for a period of eighteen {18) months commencing on April 1, 2002 and terminating at midnight on September 30, 2003, except as provided hereinbelow. NOW, THEREFORE, PREMISES CONSIDERED, LESSOR hereby agrees to lease to LESSEE a certain area 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 April 1, 2002, and terminating at midnight on September 30, 2003. 2. LEASED PREMISES. LESSEE shall have the full use of the following Leased Premises for the period of this AGREEMENT. The Leased Premises provided by this AGREEMENT shall be: that particular area located within the 1912 Center on the east side of the ground level known as "Friendship Hall". Such space occupies approximately seven hundred forty square feet {740). 3. REMUNERATION. A. LESSOR agrees to waive the cost of rent during the term of this Agreement in exchange for LESSEE'S commitment to pursue funding opportunities designed to offset a portion of the normal costs associated with such rent. B. Should the LESSEE receive gifts, grants, or other denoted funds specifically provided to defray these costs associated with the LESSEE'S share of the operational costs of the Leased Premises, LESSEE agrees to provide twenty 1912 CENTER LEASE AGREEMENT -ARC Page 1 of4 2002-lo ---PAGE BREAK--- five percent (25%) of those specified funds up to the value of the waived fees. The basis for determining the value of the waived fees pursuant to this Agreement is included as "Exhibit C. LESSOR agrees to assist LESSEE in the funding identification and application process. D. LESSEE agrees to provide LESSOR with periodic reports as requested that documents the LESSEE'S efforts to secure funds described in Section 3. B. 4. LESSEE'S USE OF THE LEASED SPACE DURING OPERATIONAL AND NON OPERATIONAL HOURS. A. Operational Hours: 9:00 a.m. through 4:00 p.m., Monday through Friday except legal holidays. During operational hours the Leased Premises shall be open and available for use by LESSEE. B. Non Operation Hours: Hours other than "operational hours • defined in this AGREEMENT at 4. A. During non-operational hours the LESSEE may use the Leased Premises; however, LESSEE shall provide LESSOR with a schedule of any activity planned. C. Only the designated representatives of LESSEE may provide access to the Leased Premises. Such designated representatives shall be responsible for building security during any such event or activity. 5. OTHER ISSUES. A. LESSEE'S DESIGNATED REPRESENTATIVES. LESSEE'S designated representatives shall be responsible for participating in the training provided by LESSOR B. LESSEE'S designated representatives shall be the only people authorized to have possession of the keys to the Leased Premises. LESSEE shall provide to LESSOR a list of designated representatives. 6. TERMINATION. The parties reserve the right to terminate this AGREEMENT without penalty upon sixty (60) days written notice to the other party. 7. 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. 8. 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. 9. 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, 1912 CENTER LEASE AGREEMENT -ARC Page2 of4 ---PAGE BREAK--- 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. 10. 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 ARC of Latah County, Idaho, Inc. 1407 View Street Moscow, ID 83843 11. 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. 12. ASSIGNMENT. Neither this AGREEMENT nor the Leased Premises may be assigned or subleased by LESSEE. 13. INSPECTION. LESSOR, by its duly authorized representatives or officials, shall have access at all times to examine and/or inspect Leased Premises. 14. 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. 15. 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 temporality or permanently. 16. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 1912 CENTER LEASE AGREEMENT- ARC Page 3 of4 ---PAGE BREAK--- :L ;1 Cji' day of 2002. ARC OF LATAH COUNTY, IDAHO, INC. CITY OF MOSCOW: d , 1- I n / / r rshall c!::o'm&s%t$oc#l'.:a"yo!r (1/Nd_/ Treasurer C '··christine' Bainbridge, City Cler{J ARC of Latah County, Idaho, Inc. 1/ STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ACKNOWLEDGMENT n this 2j day of 'i 1 R 200 , before me, a Notary Public č r said State, appeared • • \ " , known to 1 me-.t.o:J).Ď the person named above and . owledged that he/she executed the foregoing ( 3' / ·qqďuĐt\fs the duly authorized repre;el'!v > e 1 ARC/Z; of Latah Cj_, oun;A ty, Idaho, Inc. i I I j' / j \ ' t1 / \ \ . 1· f U" (0h . 7 . · ' . · Res1dmg at il { D " \ \ • • • . ) . w j _!;l.ot01 Public for đĒState of ld o t , J:8: · My commission expires. STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) On this 2-'j' day of rn:/. before me, a Notary Public in and for said§tat!Lappeared 'Zt3n I C/6 tt. , known to me to be )11( 9er.son 'n·ēed above and acknowledged that he/she executed the foregoing docum;rytĔĕ dUly autQĖzed ent "ve of ARC of Latah County, Idaho, Inc. t ; . / JK L r P/ 1 i ' ' Notary p t\e St{)} . • Residing at I / r' tb! / My commis Agreement\ 1912Centerlease{2002)\pm 1912 CENTER LEASE AGREEMENT ·ARC Page4 of4 ---PAGE BREAK--- EXHIBIT The basis for determining the value of the waived fees related to the Agreement is as follows: $11,700 947 1.620 $14.267 ANNUALIZED COST Direct Costs Indirect Costs Administrative Costs Total Estimated Annual Costs $14,267 (annual cost) x 1.50 (life of Agreement) = $21,400.50 (approximate value of waived fees provided by LESSOR) 1912 CENTER LEASE AGREEMENT - ARC Exhibit