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LEASE AGREEMENT FOR OFFICE SPACE TI:IIS LEASE AGREEMENT is made and entered into this G day of October 19H. by and between t (hereinafter referred to as "Lessor") and the STATE OF IDAHO, by and througĕ Lewis-Clark State College Senior Nutrition Program (hereinafter referred to as "Lessee") , for the leasing of that real property herein described and hereinafter referred to as the "Premises. " W I T N E S S E T H: WHEREFORE, in consideration of the rents, covenants, agreements, and conditions hereinafter contained on the part of both Lessor and Lessee, the Lessor does hereby demise, rent, and lease unto Lessee the Premises situated in the City of Moscow described as follows: County of Latah State of Idaho, known and Portion of Community Center located at 206 E. 3rd, Moscow, ID 83843 1. Term. This Lease shall have a term of months. As time is of the essence, it shall begin on the _JL_ day of October , 19I. and end at midnight on the _31_ day of December , 19J. at which time to be fully and completely expired and terminated without further notice. This Lease may be extended or renewed by mutual agreement of the parties, such agreement to be in writing. 2. Payment. The Lessee shall pay to Lessor a fixed payment for the term of this Lease in installments of $250 oo each. The rental shall be computed at a rate of $10 on per square foot, per year. The total square footage of the Premises is 300 sq ft • The total yearly lease payment is $fOOO oo . Upon election by the Lessee to pay in advance l l quarterly, semi-annually, or l l- annually, the Lessor shall allow Lessee a discount of percent. The lease payments shall be paid pursuant to the Lessor' s submission of invoices for payment. Upon receipt of the Lessor' s invoice, Lessee shall forward the invoice to the State Auditor for payment. Lessor specifically acknowledges that State vouchers are processed by the State Auditor, not Lessee. Therefore, late payment shall not be considered an event of default. Lessee shall use its best efforts to expedite payment. l l See Appendix for special provisions. 3. Examination of Premises. Lessee shall provide Lessor with a written statement acknowledging inspection of the Premises prior to occupancy. Pursuant to such inspections, Lessee' s knowledge of the conditions and parts of the Premises, and thus acceptance of the Premises, is predicated upon what may be reasonably observed by one untrained or unfamiliar with building inspections. At Lessor's discretion, Lessee may be required to have particular conditions or parts of the Premises inspected by one trained or familiar with building inspections. In no event shall Lessee's inspection be deemed as a waiver of any defects in or of the Premises. 4. Repairs, Alterations and Waste. Lessee will not commit waste on the Premises, nor will it disfigure or deface any part of the building, grounds, or any other part or portion of the Premises, including fixtures. Lessee further covenants that it will return the Premises at the expiration of the Lease or at the termination of any extension thereof to the Lessor in the same condition as originally received, reasonable wear and tear excepted. Repairs, except only those LEASE AGREEMENT - 1 ---PAGE BREAK--- . . actually caused by waste, disfigurement or defacement, shall be at the Lessor's expense. 5. Services. The Lessor covenants that it will provide, perform, and pay for the following services and maintenance: Fill all boxes yes or no. A. Utilities 1. 2. 3- 4. 5- J Yes J J Yes J ] Yes I ]Yes ] l_l Domestic water Irrigation water Electricity Gas (other heating fuel or source) B. General facility repair and maintenance c. 1. I Yes I General Building structure and related equipment Yes] Interior ]Yes] Exterior 2. I Yes I Heating system and related equipment 3- I Yes ] Cooling and air handling system and related equipment 4. Electrical system and related equipment 5- 1+1 Sewer and plumbing systems and related equipment 6. l_ l Custodial Services 1. 2. 1,1 Waste removal IJ.£.S...J Weekly from premises l_l 1,1 Lawn and shrubbery care Weekly 3. 1,1 Cleaning ground and parkinf area of ] debris 4. 5- 6. 7- 1,1 Ice and snow removal as needed 1-Yeal Complete janitorial I J..e.s. I Daily 1,1 Window cleaning ] ] Carpet cleaning ] ] service l_l tis As needed needed other other other other other other LEASE AGREEMENT - 2 ---PAGE BREAK--- 8. Washroom materials furnished Hand soap Toilet tissue Ė All cleaning supplies Hand towels and equipment other D. A total of automotive parking spaces will be provided and maintained with adequ&te ingress and egress available. E. Special Provisions l l Greater specificity and frequency of service/maintenance provisions are stated in Appendix A to this agreement. 6. Failure to Repair, Maintain or Service. In the event that the Lessor shall fail or refuse to make such repairs or perform such maintenance or provide such services that may be required of the Lessor pursuant to this Lease, or to take any other action that may be required by the Lessor pursuant to this Lease, then, at its option, Lessee may make such repairs, perform such maintenance, provide such services, or take any such action, and deduct such sums as may be necessarily expended from the lease payments due to the Lessor. In the event that such failure or refusal prevents Lessee from occupying any or all portions of the Premises, Lessee may deduct a pro rata sum of money from its lease payments equal to the cost per square foot of those Premises not susceptible to occupancy. Lessee's decision to exercise this remedy shall not be deemed to limit its exercise of any other remedy available at law or in equity. 7. Personal Injury Damages. Lessee agrees to defend and hold Lessor harmless for any and all claims based on proven personal injury damages suffered by public business invitees of the Lessee; provided, however, such obligation shall only occur as the result of injuries and damages created by the negligent acts or omissions of employees of the Lessee. 8. Use of Premises. Lessee shall use the Premises for the following purposes: Lessor warrants that prior to occupancy by Lessee, the Premises are in good, clean condition and comply with all laws, regulations or ordinances of the germane municipal, county, state, federal or other public authority respecting such use as specified above. Lack of compliance shall be an issue of default and shall be grounds for termination of this Lease. 9. Fire or Damage. If, during the term of this Lease, the Premises hereof shall be destroyed or damaged by fire, water, wind or any other cause not the fault of Lessee so as to render the Premises unfit for occupation by Lessee, this Lease shall be automatically terminated and at an end. Lessee shall then immediately surrender the Premises to Lessor and shall pay rent only to the time of such surrender. If less than fifty percent (50%) of the Premises are so destroyed or damaged, and if that portion of the Premises may be restored within ninety (90) days LEASE AGREEMENT - 3 ---PAGE BREAK--- thereafter to as good a condition as originally received, Lessor shall have the option to restore the same. Lessor shall give written notice of its intention to so restore within fifteen (15} days after such damage or destruction occurs. If the Lessor elects to restore or rebuild pursuant to this option, the rents otherwise due Lessor by Lessee shall be abated equal to the cost per square foot of the unoccupied Premises foė that period of time during which restoration or rebuilding of the Premises occurs. If such restoration or rebuilding exceeds ninety {90} days, Lessee may terminate this Lease Agreement without liability of any kind save payment for actual occupancy of the Premises prior to termination. If fifty percent {50%) or more of the Premises is damaged or destroyed but less than total damage or destruction, then Lessee shall have the option to retain occupancy of the Premises or retain this Lease. The conditions for such rebuilding or restoration pursuant to the Lessee' s option shall be reduced to writing and shall be upon mutual agreement of both parties. 10. Alterations. Neither Lessor nor Lessee shall make any alterations, additions or improvements in said Premises subsequent to occupancy by Lessee without the written consent of the other during the duration of this Lease. Any and all alterations and improvements which shall be made by Lessee shall be at the sole cost and expense of the Lessee and shall become the property of the Lessor. and shall remain in and be surrendered with the Premises as part thereof at the termination of this Lease. without disturbance or injury. Any such alterations, whether performed by Lessor or Lessee, must comply with all appropriate codes, ordinances, rules and regulations. 11. Default. In the event that either party hereto shall default in its performance of any material term, covenant, and condition of this Lease, the party not in default may at its option cancel this Lease. Should Lessee be in default by surrendering occupancy of the Premises in some manner violative of the terms of the Lease, Lessor may reenter the Premises without affecting its right of recovery of accrued rent therefor; provided, however, the Lessor shall exercise due diligence to mitigate any and all future losses of rent and/or damages which may result due to the failure of the Lessee to occupy the Premises. In no event shall Lessee be liable f'or any costs or expenditures made by Lessor in reliance upon this Lease Agreement. 12. Sufficient Appropriation by Legislature Required. It is understood and agreed that the Lessee is a government entity. and this Lease shall in no way or manner be construed so as to bind or obligate the State of Idaho beyond the term of any particular appropriation of funds by the State legislature as may exist from time to time. The Lessee reserves the right to terminate this Lease if, in their judgmentĘ the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for Lessee to continue such lease payments. All future rights and liabilities of the parties hereto shall thereupon cease within ten (10} days after the notice to the Lessor. It is understood and agreed that the lease payments herein provided for shall be paid from State legislative appropriations. 13. Officials. Agents and Employees of Lessee Not Personally Liable. It is agreed by and between the parties hereto that in no event shall any official, officer. employee or agent of the State of Idaho be in any way liable or responsible for any covenant or agreement herein contained, whether expressed or implied, nor for any statement, representation or warranty made herein or in any way connected with this Lease Agreement or the Premises. In particular, and without limitation of the foregoing, no full-time or part-time agent or employee of the Lewis-Clark State College shall have any LEASE AGREEMENT - 4 ---PAGE BREAK--- personal liability or responsibility hereunder, and the sole responsibility and liability for the performance of this Lease and all of the provisions and covenants herein contained shall rest in and be vested with the State of Idaho. 14. Assignment of Lessee to Other State-Owned or Leased Office/Warehouse Space. The parties to this Lease Agreement recognize and agree that Lessee, as an agency of the State of Idaho, is subject to the direction of the Idaho Department of Administration pursuant to Title 67, Chapter 57. Idaho Code. Therefore, the parties hereto further agree that in the event the Idaho Department of Administration or other State authority lęgally authorized to act for the Department of Administration directs that the Lessee may terminate this Lease at any time after a one-year period from date of start of this Lease, provided that Lessor is notified in writing ninety (90) days prior to the date that termination is to become effective. This action on the part of the Lessee will relieve the Lessee and the State of Idaho of liability for any payments after the effective date of termination. 15. Notices. Any notice required to be served in accordance with the terms of this Lease Agreement shall be sent by registered or certified mail. Any notice required to be sent by the Lessee shall be sent to the Lessor' s last known address, and any notice required to be sent by the Lessor shall be sent to the address of the Premises and to the Lessee' s address in Boise, i. e. , Lewiston 16. Insurance. It is agreed that the Lessor may maintain any policy or policies of insurance of any kind on the Premises. Any such policy obtained by the Lessor shall be at their sole and exclusive expense, and Lessee shall have no obligation to obtain or pay for such insurance. If the Lessee desires insurance on any interest it may have in the Premises or on any property it has located on or in the Premises, it shall obtain such insurance at its expense. 17. Termination. Upon termination of this Lease, Lessee shall surrender the Premises to Lessor in good order and condition, reasonable wear and tear ( as per specified use) excepted. 18. Heirs and Assigns. The terms of this Lease shall apply to the heirs, executors, administrators, successors and assigns of both the Lessor and the Lessee in like manner as to the original parties. An assignment or sublease by one party must be evidenced by the prior written consent of authorized representatives of Lessor and Lessee. 19. Nonwaiver Breach. The failure of the Lessor or Lessee to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or all instances shall not be construed to be a waiver or relinquishment of any such covenant or agreement, but the same shall be and will remain in full force and effect unless such waiver is evidenced by the prior written consent of authorized representatives of the Lessor and Lessee. 20. Modification. This Lease Agreement may be modified in any particular by the prior written consent of authorized representatives of the Lessor and Lessee. 21. Renewal. This Agreement may be renewed by the written consent of the Lessor and Lessee provided such consent is rendered sixty (60) days in advance of the expiration of the term of this Agreement. 22. Asbestos. Lessor agrees to comply with all requirements of any legally constituted public authority made necessary by any unknown or existing LEASE AGREEMENT - 5 ---PAGE BREAK--- health hazard including, but not limited to, such hazards which may exist due to the use or suspected use of asbestos or asbestos products in the leased premises. Lessor agrees to comply with any such requirements. The Lessor warrants that he has inspected the leased premises for health hazards, specifically for the presence of asbestos; and the inspection has not detected asbestos, or if Lessor's: inspection has revealed asbestos, then Lessor warrants that it has been removed or been encapsulated in accordance with current law and regulations. In the event that asbestos is discovered on the leased premises, the Lessor agrees to protect the Lessee and its employees and to take corrective action to cure the problem. It is agreed that, in the event the Lessee is unable to continue occupancy of the leased premises due to the presence of asbestos or any other health hazard, or because of any governmental, legislative, judicial or administrative act, rule, decision or regulation, then the lease may be canceled by the Lessee upon ten (10) days' written notice to the Lessor. Any repair, renovation or asbestos abatement costs, as well as moving costs and consequential damages, will be at the sole expense of the Lessor. 23. The Lessor hereby agrees to provide all services funded through or affected by this contract or agreement without discrimination on the basis of race, color, national origin, age, or physical/mental impairment, and to comply with all relevant sections of: Title VI of the Civil Rights Act of 1964, as amended. Section 504 of the Rehabilitation Act of 1973. as amended. The Age Discrimination Act of 1975. and to comply with pertinent amendments to these.acts made during the term of the contract. The contractor further agrees to comply with all pertinent parts of Federal rules and regulations implementing these acts. The Lessor hereby agrees to provide equal employment opportunity and take affirmative action in employment on the basis of race, color, national origin, religion, sex, age, physical/mental impairment, and covered veteran status to the extent required by: Executive Order 11246. Section·503 of the Rehabilitation Act of 1973. as amended. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, and to comply with all amendments to these acts and pertinent Federal rules and regulation regarding these acts during the term of the contract or agreement. 24. Complete Statement of Terms. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Agreement, shall be deemed to enlarge, limit or otherwise affect the operation of this Agreement. LEASE AGREEMENT - 6 ---PAGE BREAK--- . . . IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and year first above written. STATE OF IDAHO s s • County of CZ)G On thisĒ day Public in and for said St te, identified to me to the be instrument on behalf of acknowledges to me that he/she LESSOR: , 19Ĕ. before m the undērs gned, a Notary personally appeared e . known or whose name is subscribe the foregoing as Lessor, and the same on behalf of Lessor. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written£) l -ie Notary Publi ah Residing at , Idaho LESSEE: Dean Froehlich Financial Vice President & Bursar IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. APPROVED BY: Business Manager Division of Public Works Department of Administration LEASE AGREEMENT -7 ---PAGE BREAK--- , ' t . ( , I A D D E N D U M In addition to provisions for termination by the Department of Administration as outlined in Article 14, this agreement may be terminated by either party providing sixty (60) days written notice of termination to the other party. LEAST AGREEMENT - 8