Document Moscow_doc_ac8e53660a

LEASE LEASE made as of the 21st day of October 199 by and between City of Moscow, a municipal corporation of the State of Idaho, hereinafter referred to as "Lessor," and Better Living, Inc., hereinafter referred to as "Lessee"; RECITALS WHEREAS, Lessor is the owner of the premises described below, of which some portion is subject to a testamentary bequest that a portion of the real property be used "for the benefit and use of the children of Moscow, Idaho for recreation purposes"; and WHEREAS, Lessor desires to lease the premises to Lessee "for the benefit and use of the children of Moscow, Idaho for recreation purposes"; and WHEREAS, Lessee is a non-profit corporation incorporated pursuant to the laws of the State of Idaho and the rules of the United States Internal Revenue Code; and WHEREAS, Lessee, being fully aware of the restrictions upon the use of the premises pursuant to the testamentary bequest, desires to lease said premises for the use allowed thereby; and WHEREAS, Lessor represents that there is no prohibition or encumbrance on the premises which would prevent such a lease to Lessee for such stated purposes; and WHEREAS, the parties desire to enter into a lease agreement defining their rights, duties and liabilities relating to the premises; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. SUBJECT AND PURPOSE Lessor leases, demises and lets, subject to the conditions and terms hereinafter set forth, land located in the County of Latah, State of Idaho, and more particularly described as follows LEASE Page I 96-54 ---PAGE BREAK--- The Northeast quarter of the Northwest quarter (less highway and property north of highway; further described as 40.32 acres in Government Lot I; 40.29 acres in Government Lot 2; and the Southeast quarter of the Northwest quarter; Section 18, Township 40 North, Range 5 West B.M., Latah County. to Lessee for Lessee's use for the benefit and use of the children of Moscow, Idaho for recreation purposes as granted by this Lease. Lessee shall not use or allow the premises to be used for any other or any unlawful purposes. It is specifically agreed that the relationship between the parties is solely that of lessor and lessee. 2. TERM AND RENT Lessor leases the above-described premises for a term of one ( 1) year commencing , 1996 and terminating on September 30 , 1997. Rent shall be payable in equal yearly installments, in advance on the 1st day of each year for that year's rental, during the term of this Lease. All rental payments shall be made to Lessor at the address specified herein. Lessee shall pay the rent provided for herein. The rent for the calendar year of this Lease shall be ONE DOLLAR ($100) per year. 3. ADDITIONAL RENT All charges, costs and expenses that Lessee assumes or agrees to pay hereunder, together with all interest and penalties that may accrue thereon in the event of the failure of Lessee to pay those items, and all other damages, costs, expenses and sums that Lessor may suffer or incur, or that may become due, by reason of any default of Lessee or failure by Lessee to comply with the terms and conditions of this Lease shall be deemed to be additional rent, and, in the event of nonpayment, Lessee shall have all the rights and remedies lawfully available to collect such additional rent. 4. ALTERATIONS, ADDITIONS AND IMPROVEMENTS For the purposes of this Section, capital alterations, additions and/or improvements shall be defined as those alterations, additions and improvements relating to, but not LEASE Page 2 ---PAGE BREAK--- limited to, buildings, sheds, shops, wells, utility servtces, roads, houses, auditoriums, bunkhouses and like structures. A. Subject to the limitation that no substantial portion of the demised premises shall be altered, demolished or removed by Lessee without the prior written consent of Lessor, Lessee may at any time during the lease term, subject to the conditions set forth in this Lease and at its own expense, make any alterations, additions or improvements in and to the demised premises. Alterations shall be performed in a workmanlike manner and shall not impair or lessen the value of the premises, create additional liability for Lessor, or change the purposes for which the premises, or any part thereof, may be used. B. Conditions with respect to alterations, additions or improvements are as follows: LEASE Before commencement of any work, all plans and specifications shall be filed with and approved by all govermnental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of relevant regulations. The plans and specifications for any alterations estimated to cost $10,000.00 or more, shall be submitted to Lessor for written approval prior to commencing work, which approval shall not be unreasonably withheld. Lessor's failure to disapprove of such work in writing within thirty (30) days after the original date of delivery of plans and specifications shall constitute approval of the same. Lessee shall, without cost to Lessor, require any and all contractors, including subcontractors, to furnish a performance bond written by a surety licensed to do business in the State of Idaho in an amount equal to the estimated cost of the work, guaranteeing the completion of work, free and clear of liens, encumbrances and security interests, according to the approved plans and specifications. Page 3 ---PAGE BREAK--- C. All capital alterations, additions and improvements on, of, or in the demised premises at the commencement of the term, and which may be erected or installed during the term, shall become part of the demised premises and the sole property of the Lessor at termination of the Lease, including any renewals in accordance with the terms and conditions contained in the Lease. D. Lessee agrees that it shall, at the termination of this Lease for whatever reason, restore the demised premises to its condition as it existed prior to the beginning of this Lease, or such other condition as shall be approved by Lessor. Capital improvements and alterations shall not be subject to this subparagraph D. 5. REPAffiS AND MAINTENANCE Lessee shall, at all times during the Lease and at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition, all of the leased premises including the roads, driveways, buildings including but not limited to the interior, exterior and roof, and any improvements, additions and alterations thereto, on the demised premises, and shall use all reasonable precaution to prevent waste, damage or injury to the demised premises and persons using or occupying the same. 6. CROPS A. Lessee agrees and covenants that it will crop and cultivate the demised premises in a good, skillful and workmanlike manner, and will not commit or permit any strip or waste of the premises. B. Lessee further agrees and covenants to furnish and pay all expenses of conducting the cropping and cultivation of the demised premises in such manner. C. Lessee further agrees to control the growth of noxious weeds, including all expenses pertaining to such controL D. Lessee agrees and covenants to take all actions necessary to be eligible for the production flexibility contract for the demised premises. Lessee shall notifY Lessor LEASE Page4 ---PAGE BREAK--- upon notification of Lessee by the Federal Government that the production flexibility contract is in jeopardy. Such notice shall be tendered to the Lessor within seven days of receipt of such notice by Lessee. 7. TIMBER Notwithstanding other provisions of this Lease, the Lessee shall have no right to harvest, destroy, damage or remove in any way the standing timber upon said demised premises without prior written permission of the Lessor. The Lessor specifically reserves the full right to enter upon the demised premises and to work or remove the timber with full liberty to pass over said premises with vehicles and lay down and work the timberland, provided that Lessor shall give Lessee thirty (30) days notice prior to commencement of such work. 8. TAXES AND PERMITS Lessee shall pay on or before the last day on which payment may be made without penalty or interest, all taxes, assessments or other governmental charges including permit fees that shall or may during the Lease term be imposed on, or arise in connection with the use of, the demised premises or any part thereof, if any. Lessor shall cause all statements therefor to be delivered directly to Lessee or shall deliver the same to Lessee immediately upon receipt. Lessee shall pay all taxes assessed in lieu of or in addition to the foregoing under all present or future laws of all governmental authorities whatsoever. Lessee shall have the right to apply for the conversion of any special assessment for local improvements in order to cause the same to be payable in installments, and on the conversion Lessee shall be obligated to pay only those installments that may become due during the Lease. Lessee shall, within ten (I 0) days after the time provided for the payment of any tax or other governmental charge by Lessee, produce and exhibit to Lessor satisfactory evidence of the payment. LEASE Page 5 ---PAGE BREAK--- 9. UTILITIES A All applications and connections for necessary utility servtces on the demised premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due including access, which shall include, without limitation, the cost of providing utilities to said premises. Lessee shall be responsible for installation and maintenance of a septic system to service the demised premises. B. Lessee shall have the right to drill, at its own expense, its own water well on the demised premises for water services to the demised premises subject to Section 4. 10. INSURANCE A Lessee shall maintain such liability and property damage insurance, including general, personal, bodily injury products, fire, automobile and property liability insurance, as will protect Lessor from claims for damages because of bodily injury, including death, or damages because of injuries to or as, destruction or loss of use of property, which may arise from operations under this Lease whether such operations be by Lessor, Lessee, or their agents or anyone directly or indirectly employed or controlled by them. B. Lessee shall provide general, fire, bodily injury, and property damage insurance coverage for a minimum of $1,000,000 per accident or event C. Insurance provided under this Lease shall be in an amount sufficient to prevent Lessor and Lessee from becoming co-insurers under the provision of applicable policies of insurance, but in any event, in an amount not less than one hundred percent ( 100%) of the full insurable value of the demised premises for property loss. All insurance required shall be maintained in full force and effect and shall be maintained at Lessee's expense until this Lease, or any part thereof, terminates. D. Lessor shall be named as an additional insured on Lessee's policy(ies) for activities contemplated by this Lease. All insurance policies shall require ten ( 10) days LEASE Page6 ---PAGE BREAK--- written notice to Lessor by registered mail of any cancellation or change affecting any insurance interest or coverage. E. Certificates of such insurance with additional insured endorsement shall be provided to the Lessor contemporaneously with the execution and delivery of this Lease. In addition, Lessee agrees to notifY Lessor in writing as soon as practicable in the event of a notice of an injury or a claim is received which involves either party to this Lease. F. If at any time there is a dispute as to the amount or sufficiency of such insurance, the same shall be settled by agreement or arbitration. G. Nothing contained herein shall limit the liability of the Lessor or Lessee for their own willful or grossly negligent acts. II. UNLAWFUL OR DANGEROUS ACTIVITY Lessee shall neither use nor occupy the demised premises or any part thereof for any unlawful or disreputable purpose nor operate or conduct its activities in a manner constituting a nuisance of any kind. Lessee shall immediately, upon discovery of any unlawful or disreputable use, take action to halt such activity. By executing this Lease, Lessor does not admit or accept any liability or responsibility for any pre-existing or latent conditions or problems of any kind or nature associated with the demised premises. Lessee specifically accepts the condition of the premises as is, with no warranties or representations of any kind. Lessee further specifically agrees that its use of the premises shall be at Lessee's own risk, and that Lessor accepts no responsibility therefor. During the term of this Lease, or any extension or renewal thereof, Lessee represents that it has not and that it shall not create or permit any condition on the premises that could present a threat to human health or to the environment or which LEASE Page 7 ---PAGE BREAK--- would constitute a violation of any statute, regulation or order relating to the protection of health or the environment. The parties expressly agree that the indemnification and hold harmless obligations each hereby assumes shall survive termination of this Lease. The parties agree that statutory limitation periods on actions to enforce these obligations shall not be deemed to commence until the discovery of any such health or environmental impairment, and the parties hereby knowingly and voluntarily waive the benefits of any shorter limitation period. Lessor shall have the right, but not the duty, to enter upon the premises from time to time as set forth below to inspect the premises. Lessor may enter the premises without prior notice. Lessor shall conduct any such inspections so as to minimize interference with Lessee's activities. The provisions of this paragraph shall survive the termination of this Lease. 12. INDEMNITY Lessee shall indemnifY Lessor against all expenses, liabilities and claims of every kind, including reasonable attorney's fees, by or on behalf of any person or entity arising out of either a failure by Lessee to perform any of the terms or conditions of this Lease, any injury or damage happening on or about the demised premises, excepting any injury or damage resulting, in whole or in part from Lessor's intentional or negligent act or omission, failure to comply with any law of any governmental authority, or ( 4) any mechanic's lien or security interest filed against the demised premises or equipment, materials or alterations of buildings or improvements thereon. 13. DEFAULT OR BREACH LEASE Each of the following events shall constitute a default or breach of this Lease: A. If Lessee shall fail to pay Lessor any rent or additional rent when such rent Page 8 ---PAGE BREAK--- shall become due and shall not make the payment within thirty (30) days after notice thereof by Lessor to Lessee. B. If Lessee shall fail to perform or comply with any of the conditions of this Lease and if the nonperformance shall continue for a period of thirty (30) days after notice thereof by Lessor to Lessee or, if the performance cannot be reasonably had within the thirty (30) day period, Lessee shall not in good faith have commenced performance within the thirty (30) day period and shall not diligently proceed to completion of performance. C. If Lessor shall fail to perform or comply with any of the conditions of this Lease and if the nonperformance shall continue for a period of thirty (30) days after notice thereof by Lessee to Lessor or, if the performance cannot be reasonably had within the thirty (30) day period, Lessor shall not in good faith have commenced performance within the thirty (30) day period and shall not diligently proceed to completion of performance. D. If Lessee shall vacate or abandon the demised premises, as evidenced by Lessee's cessation of substantial activities for a period of six ( 6) months. E. If this Lease or the leasehold estate of the Lessee hereunder shall be transferred to or shall pass to or devolve on any other entity, person or party. F. If Lessee fails to take possession of the demised premises on the term commencement date. G. If Lessee fails to provide insurance as provided in Section I 0 of this Lease or there is a lapse of insurance coverage required herein of any nature or for any period of tie, no matter how short whether it is due to Lessee's action or inaction or the action of another H. If Lessee's activities are not deemed, in the sole discretion of the City Council of the City of Moscow, to be of a benefit and use of the children of Moscow, Idaho for the broad educational, developmental and recreational purposes. Lessee agrees that it shall hold Lessor harmless for any damages of whatever nature resulting from the reasonable exercise of discretion on the part of Lessor in making such determination. LEASE Page 9 ---PAGE BREAK--- 14. EFFECT OF DEFAULT In the event of any default hereunder, as set forth in Section 13, the rights of Lessor shall be as follows: A Lessor shall have the right to cancel and terminate this Lease, as well as all of the right, title and interest of Lessee hereunder, by giving to Lessee not less than sixty (60) days notice of the cancellation and termination. Upon expiration of the time fixed in the notice, this Lease and the right, title and interest of Lessee hereunder, shall terminate in the same manner and with the same force and effect, except as to Lessee's liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. B. Lessor may re-enter the premises immediately following the expiration of the sixty (60) day notice period and remove the property and personnel of Lessee, and store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. After re-entry, Lessor may terminate the Lease on giving sixty (60) days written notice of termination to Lessee. Without such notice, re-entry will not terminate the Lease. On termination Lessor may recover from Lessee all damages proximately resulting from the breach, including the cost of recovering the premises. 15. DESTRUCTION OF PREMISES In the event of a partial destruction of the premises during the term from any cause, Lessee shall, at the option of the Lessor, forthwith repair the same at Lessee's expense. Should Lessee fail to make such repairs upon such direction of Lessor, Lessor retains the right to declare a breach pursuant to Section 13, and shall be entitled to terminate this Lease. 16. CONDEMNATlON Rights and duties in the event of condemnation are as follows: LEASE Page 10 ---PAGE BREAK--- A. If the whole of the demised premises shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, this Lease shall cease and terminate as of the date on which title shall vest thereby in that authority. B. In the event of any taking or condemnation in whole or in part, the entire resulting award of consequential damages shall be awarded to Lessor. 17. SUBORDINATION This Lease and all rights of Lessee hereunder shall be subject and subordinate to the lien of any and all mortgages that may affect the demised premises, or any part thereof Lessee shall on demand execute, acknowledge and deliver to Lessor, at Lessee's expense, any and all instruments that may be necessary or proper to subordinate this Lease and all rights therein to the liens of any such mortgage or mortgages and if Lessee shall fail at any time to execute, acknowledge and deliver any such subordination instrument, Lessor, in addition to any other remedies available in consequence thereof, may execute, acknowledge and deliver the same as Lessee's attorney in fact and in Lessee's name. Lessee hereby irrevocably makes, constitutes and appoints Lessor, its successors and assigns, its attorney in fact for that sole purpose. 18. ACCESS TO PREMISES Lessee shall permit Lessor and/or its agents to enter the demised premises at all reasonable times to inspect the premises. 19. EASEMENTS, AGREEMENTS OR ENCUMBRANCES The parties shall be bound by all existing easements, agreements and encumbrances now of record relating to the demised premises. 20. QUIET ENJOYMENT Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the demised premises free from any eviction or interference by Lessor if Lessee pays the rent LEASE Page 11 ---PAGE BREAK--- and other charges provided herein, and otherwise fully performs the terms and conditions imposed on Lessee. 21. LIABILITY OF LESSOR Lessee shall be in control and possession of the demised premises and Lessor shall not be liable for any injury or damages to any property or to any person on or about the demised premises nor for any injury or damage to any property of Lessee not resulting in whole or in part, from an intentional or negligent act or omission of Lessor. The provisions herein permitting Lessor to enter and inspect the demised premises without prior notification to Lessee are made to insure that Lessee is in compliance with the terms and conditions hereof and to make repairs that Lessee has failed to make. Lessor shall not be liable to Lessee for any entry on the premises for inspection purposes done in conformance with the provisions of this Lease. 22. WAIVERS The failure of Lessor to insist on a strict performance of any of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that Lessor may have regarding that specific instance, and shall not be deemed a waiver of any other or subsequent breach or default in any terms and conditions of this Lease. 23. NOTICE All notices to be given with respect to this Lease shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and return receipt requested, to the party to be notified at the address set forth herein or at such other address as either party may from time to time designate in writing Every notice and other writing or document which shall or may be given shall be deemed to have been given at the time it is deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. LEASE Page 12 ---PAGE BREAK--- Addresses: Lessor: City of Moscow City Hall 206 East Third Street PO Box 9203 Moscow, Idaho 83843 Lessee: Better Living, Inc. c/o Loreca Stauber Rt I, Box 54 Genessee, Idaho 83832 24. ASSIGNMENT, MORTGAGE OR SUBLEASE Lessee shall not assign, mortgage, pledge or encumber this Lease or sublet the demised premises in whole or in part, or permit the premises to be used or occupied by others, nor shall this Lease be assigned or transferred by operation of law. Any such assignment, mortgage, pledge, encumbrance or subletting by Lessee or attempt by Lessee to assign, mortgage, pledge or encumber this Lease or sublet, or action by Lessee to allow use or occupation by others, or attempt by Lessee to allow the demised premises to be used or occupied by others shall act as a breach by the Lessee, and then and in that event the Lessor may immediately take possession of the demised premises and may terminate this Lease. 25. SURRENDER OF POSSESSION Lessee shall, on the last day of the term, including all renewals, or upon earlier termination and forfeiture of the Lease, peaceably and quietly surrender and deliver the demised premises to Lessor free of sub-tenancies and further surrenders and delivers all buildings, additions and improvements constructed or placed thereon by Lessee in good condition and repair, reasonable wear and tear excepted. Any personal property used in connection with the operation of the demised premises and belonging to Lessee, if not removed within thirty (30) days of the termination or default, and if Lessor shall so elect, shall be deemed abandoned and become the property of Lessor without any payment or offset therefor Lessee shall repair and restore all damage to the demised premises caused by the removal of equipment, trade fixtures and personal property. LEASE Page 13 ---PAGE BREAK--- 26. REMEDIES A. In the event of a breach or a threatened breach by Lessee of any of the terms or conditions hereof, Lessor shall have the right of injunction to restrain Lessee and shall have the right to invoke any remedy allowed by law or in equity, as if the specific remedies of indemnity or reimbursement were not provided herein. B. The rights and remedies given to Lessor in this Lease are distinct, separate and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others herein, by law, or by equity provided. C. In all cases hereunder, and in any suit, action or proceeding of any kind between the parties, it shall be presumptive evidence of the fact of the existence of a charge being due if Lessor shall produce a bill, notice or certificate of any public official entitled to give that notice to the effect that such charge appears of record on the books in their office and has not been paid D. No receipt of money by Lessor from Lessee after default or termination of this Lease in any lawful manner shall (I ) reinstate, continue or extend the term or affect any notice given to Lessee, operate as a waiver of the right of Lessor to enforce the payment of rent and/or additional rent then due or falling due, or operate as a waiver of the right of Lessor to recover possession of the demised premises by proper suit, action, proceeding or other remedy. After service of notice of termination and forfeiture as herein provided and the expiration of the time specified therein, the commencement of any suit, action, proceeding or other remedy after a default and failure to cure within the time required, or final order or judgment for possession of the demised premises, Lessor may demand, receive and collect any moneys due, without in any manner affecting such notice, order or judgment. Any and all such moneys so collected shall be deemed to be payment on account of the use and occupation of the demised premises or at the election of Lessor, on account of the liability of Lessee hereunder. LEASE Page 14 ---PAGE BREAK--- 27. LESSEE'S OPTION TO RENEW Lessee shall have the right, to be exercised as hereinafter provided, to renew the term of this Lease for a period of one (I ) year at a time on the following terms and conditions: A No default is existing or continuing in the performance of any of the terms of this Lease. B. Each one ( 1) year renewal term shall be on the same terms, covenants and conditions as provided in this Lease, unless either party notifies the other in writing not less than sixty ( 60) days prior to the expiration of the current lease term that it wishes to modifY the Lease, in which case the Lease may be renewed with such amendments and modifications agreed by the parties. C There shall be no privilege to renew the term of this Lease for any period of time beyond the expiration of the current term. The annual rental for each successive renewal term shall be ONE DOLLAR ($100) per year. 28. TERMINATION This Lease may be terminated by either party upon sixty (60) day's notice to the other party at any time following the initial term. 29. TOTAL AGREEMENT APPLICABLE TO SUCCESSORS This Lease contains the entire agreement between the parties and cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. This Lease and the terms and conditions hereof apply to and are binding on the legal representatives, successors and assigns of both parties. 30. APPLICABLE LAW AND VENUE/ATTOR0EY'S FEES/COSTS This Lease shall be governed by and construed in accordance with the laws of the State of Idaho, and venue shall be in the District Court of Latah County In any suit or action brought to enforce any of the covenants of this Lease, the prevailing party shall be LEASE Page 15 ---PAGE BREAK--- entitled to an award of its reasonable attorney's fees and costs from the non-prevailing party. 31. ANNUAL REPORT Lessee shall provide an annual report to the City Council of the City of Moscow on or before the first regular meeting of the City Council in the month of September of each year this Lease is in effect. This report shall detail the current activities of the Lessee upon the demised premises, including any improvements, modifications or additions to the demised premises to be made in the future. The report shall also detail the number of youths involved in projects, activities conducted by Lessee upon the demised premises, and the nature and scope of such projects. Lessee's report shall include information during the reporting period which substantiates that the demised premises were used for the benefit and use of the children of Moscow, Idaho for recreation purposes. Lessee shall also provide detail, including financial data in support of any proposed improvements, alterations or modifications to the demised premises. 32. TIME OF THE ESSENCE Time is of the essence in all provisions of this Lease. 33. MUTUAL PREPARATION It is specifically agreed between the parties that each party has assisted in the preparation and negotiation of this Lease, and in the event of litigation concerning the provisions hereof, neither party shall assert, as a defense to compliance herewith, that the other party solely authored such Lease. 34. HEADINGS IRRELEVANT In the interpretation of this Lease, the headings are provided for convenience only, and are not deemed to be a part of the terms of this Lease. LEASE Page 16 ---PAGE BREAK--- 35. NO PARTNERSHIP OF LESSOR AND LESSEE It is not the intention of the Lessor or Lessee to enter into a partnership relationship in any form or for any purpose. This Lease shall not be construed as giving rise to any such partnership or any relationship other than that of Lessor and Lessee. Lessee agrees and covenants that it shall not represent, convey or conduct itself or its activities in such a way, expressly, impliedly or implicitly, to third parties that its relationship with Lessor is other than of landlord and tenant The required reporting by the Lessee and oversight of the demised premises by Lessor shall not be construed in any way other than to ensure that Lessee is using the land lawfully and responsibly. IN W ITNESS WHEREOF, the parties have executed this Lease at Moscow, Idaho, the day and year first above written. LESSEE BETTER LIVING, INC. By :_-IP.{/;Ii:;liz Loreca Stauber LESSOR CITY OF MOSCOW LEASE ATTEST Secretary ATTEST i _lri · f J :4 i Elaine Russe , City Clerk Page 17 ---PAGE BREAK--- STATE OF IDAHO ) ACKNOWLEDGMENT S ) ss. County of Latah ) On thisql/ day of 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Loreca Stauber, known or identified to me to be the duly authorized representative of Better Living, Inc., the corporation subscribed to the foregoing instrument, and acknowledged to me that she elfªCUWA the same on behalf of said corporation. F? _(ft>ft_, •0 ' IN WI'FNESS WHEREOF, I have hereunto set my hand and notarial seal on the { . · date last above *ritten STATE OF IDAHO ) ) ss COUNTY OF LATAH ) /l . c J lr:2JtI\/*4A?e.- Notary Public for the State ofldahp, My commission expires c::i(f< c On this day of [./cfitwJJ , 1996, before me a Notary Public in and for said State, appeared Elaine Russell, known to me to be the City Clerk of the City of Moscow, and acknowledged to me that she executed the foregoing. Nota!{Pu'blic1for the State ofldaho My commission PvnirP< r.greements/b!ileas l /dm LEASE Page 18