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Home My WebLink About940063 RECEIVED 6/25/2008 at 9:33 AM RECEIVING # 940063 BOOK: 698 PAGE: 302 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY This Lease (hereinafter referred to as "Lease") is entered into this 22nd day of April, 2008 between Lincoln County, Wyoming (hereinafter referred to as "County") Lessors and the Animal Humane Association of Star Valley, Wyoming (hereinafter referred to as "AHASV"), Lessee. LEASE AGREEMENT (0(,302 A. The County is the Owner of that certain land situated in Lincoln County, Wyoming, described in Exhibit A attached hereto and by this reference specifically incorporated herein (hereinafter referred to as the "Property"). B. Through this Lease, County hereby consents to improvement of the leased Property as follows: AHASV may construct or cause to be constructed on the Property a building, measuring approximately thirty by one hundred eight (30x108) feet (as shown on the drawing attached hereto and incorporated herein by reference as the "Shelter Design"). Said building shall meet County building codes and customary standards. Unless otherwise agreed to in writing by County and AHASV. AHASV shall substantially complete construction of any building erected on the Property within one (1) year of initiating such construction. NOW THEREFORE, in exchange for the mutual promises and conditions set forth herein the parties agree as follows. 1. Commencing on the date of execution of this Lease, County leases the Property to AHASV for the purpose of the construction, use and maintenance of an animal shelter at which date AHASV may enter and possess the Property. 2. This Lease is for twenty-five (25) years from the date of execution, but is subject to renewal upon one (1) year notice to County for a subsequent period of twenty-five (25) years. 3. AHASV shall pay County the sum of Ten Dollars ($10.00) per year as rent, due on the date of execution and on that date every year thereafter. 4. AHASV shall have the right to quietly and peacefully use and enjoy the Property subject to the terms ofthis Agreement and other agreements between AHASV and County. 5. AHASV shall purchase and maintain a general liability insurance policy in the minimum amount of $1,000,000.00 (One million dollars) covering the operation of the animal shelter. A copy of this policy will be provided to County before the animal shelter begins operation. And shall be updated from time to time to provide County with current policy information. AHASV will be responsible for insuring any loss of property to include inventory, if any. 6. Termination of this Lease may be made by either party upon six (6) months written notice, with reasonable cause. Upon the termination of this Lease, AHASV shall quit and surrender the Property in as good condition and repair as it is at the date of the commencement of this Lease, reasonable wear and tear excepted, together with all alterations, additions and Lease Agreement Between Lincoln County and Animal Humane Association of Star Valley Page 1 of 4 Rev. 4/10/08 11 ~>00303 improvements of AHASV not removed at the termination of this Lease. Any alterations, additions or improvements not removed shall be deemed abandoned by AHASV. 7. County shall not be liable for any damage caused by construction of the animal shelter or necessary appurtenances to occupants of adjacent property or the public, or caused by operations of the animal shelter and will maintain an insurance policy. County shall not be liable for any damage or loss to property of the AHASV or of others located on the Property by theft or otherwise. All property of AHASV kept or stored on the Property shall be so kept or stored at the risk of AHASV only, and AHASV shall hold County harmless from any claims arising out of damage to the same, including subrogation claims by the AHASV insurance carrier, unless damage shall be caused by willful act or gross neglect of County. 8. AHASV shall use the Property for an animal shelter and other AHASV activities including, but not limited to fundraisers, adoption fairs and meetings serving the area of Lincoln County, Wyoming, and for no other purpose unless County has given written consent for a different use prior to the commencement of any other use, such consent by County not to be unreasonably withheld. AHASV agrees not to deface or damage the Property in any manner other than allowed activities in conjunction with construction or improvement of the Property or for safety concerns (ie: snow removal). AHASV agrees not to use or permit the use of the Property or any part thereof for any purpose prohibited by law. AHASV shall comply with and conform to all of the requirements of all governmental authorities having jurisdiction over the Property, present or future, relating in any way to the conditions, use, and occupancy of the Property throughout the entire term of this lease or any renewal thereof. This shall include the installation of a methane detector in the animal shelter in compliance with landfill regulations. 9. AHASV shall keep the Property, both interior and exterior, in good order and repair, reasonable wear and tear and damage by accidental fire or other casualty excepted. AHASV shall be responsible for ordinary and routine repair and maintenance of the Property, including but not limited to any and all fixtures or improvements placed or installed by AHASV on the Property with the consent of County. AHASV shall give County prompt written notice of any accident to, or any defects in, the Property that may have come to AHASV's notice, and shall first obtain written consent from County prior to making any substantial repairs or alterations to the Property. 10. Operation of the animal shelter shall be under the direction of the AHASV Board of Directors and any delegate of that Board. 11. AHASV shall not assign, mortgage or otherwise encumber this Lease or the Property without written consent of County. AHASV shall not use the Property for any purpose but the construction, use and maintenance of an animal shelter. 12. If AHASV is dissolved during the term of the lease, County may void this Lease. In accordance with AHASV Articles of Incorporation filed March 14, 2002, Article XII Distribution of Assets upon Dissolution: the personal and real property is and shall be irrevocably dedicated to charitable, public benefit. Upon dissolution of the corporation, the Lease Agreement Between Lincoln County and Animal Humane Association of Star Valley Page 2 of 4 Rev. 4/1 0/08 ,-00304 Board of Directors shall, after paying the debts of the corporation, or making provisions therefore, dispose of all remaining assets to such organization or organizations that are organized and operated for charitable public benefit or purpose that, at the time, qualify as exempt under Section 501(c)(3) of the Internal Revenue Code, or any corresponding provision of any future enactment, or distribute all remaining assets to a local, state or federal government. 13. This Lease may be opened for review and revision if it is deemed necessary by County to comply with Environmental Protection Agency and/or Wyoming Department of Environmental Quality rule changes affecting the Lincoln County Landfill, induding the Property. 14. All notices, demands, or other writings in this Lease provided to be given, made or sent by either party hereto to the other shall be deemed to have been fully given, made or sent when made in writing and deposited in the United States mail, certified or registered and postage prepaid and addressed as follows: Lessor: Lessee: Lincoln County Wyoming 925 Sage Avenue Kemmerer, WY 83101 Animal Humane Assoc. of Star Valley P.O. Box 654 Thayne, WY 83127 or to such other place as may be designated by either party from time to time in writing in the same manner as provided herein. 15. County may waive any term, covenant, or condition herein contained or may allow a breach of the terms by AHASV and shall not be deemed to thereby waive such term, covenant or condition or permit any subsequent breach of the same or any other term, covenant or condition herein contained. None of the terms, covenants or conditions of this Lease is deemed waived by either County or AHASV except when acknowledged by written agreement duly executed by the waiving party. 16. The language in this Lease shall be construed as a whole according to its plain and ordinary meaning and not strictly for nor against either County or AHASV. County and AHASV agree that in the event any term, covenant, or condition herein is held to be invalid or void by any court of competent jurisdiction the invalidity of any such term, covenant, or condition shall in no way affect any other term, covenant, or condition herein contained. 17. All the terms, covenants, and conditions of this Lease shall be binding upon the parties hereto, their respective successors and legal representatives. 18. No representations, warranties, covenants, or agreements, expressed or implied, have been made between County and AHASV other than those expressly set forth herein. Lease Agreement Between Lincoln County and Animal Humane Association of Star Valley Page 3 of 4 Rev. 4/l0/08 -- - - ..........,.. .- 19. Several identical copies of this Lease may be executed, each of which shall be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have signed and sealed this Lease as of the day and year first above written. 7"- ;;l}. - 0 f Date Kent Connelly, air Lincoln County Commissioners Lessor (tbksJ- 1;\\ ~''I. #"~OMING' ~~ ~ 4 ............. .. ~ ~.r.... '\ ~ :::o~, .A. ~ .:: I ~... .,.. ':: § ~ ~. c':::~'v"iF) ~ ~ \" CJç,"" 0::: ... v ~ ~ /~ ~ :.-: .............-_~~ o 1.(.11 ~,"/~~ ~~~ Mary Ahrens Animal Humane Association of Star Valley Lessee tj-;)'),-{)g 'l- ;¿ 'ì -0 'ð Date Lease Agreement Between Lincoln County and Animal Humane Association of Star Valley Page 4 of 4 Rev. 4/10/08 - -" - ---- EXHIBIT A LEGAL DESCRIPTION FOR THE ANIMAL SHELTER PARCEL WITHIN THE THAYNE LANDFILL PROPERTY A PARCEL OF LAND within the SEl/4NEl/4 of Section 36, Township 34 North, Range 119 West, Lincoln County, Wyoming, with boundaries more specifically described as follows: BEGINNING on the east line of said section 36, at a point bearing S 0°30'30" W a distance of 537.37 feet from the North 1/16 section comer monument on the said east line; and fUX1ning THENCE S 0°30'30" W, along section line, a distance of85.00 feet; THENCE N 76°44' 11" W a distance of 102.52 feet; THENCE N 83°59'16" W a distance of200.90 feet; THENCE N 0°30'30" E a distance of 48.00 feet; THENCE S 88°33'19" E a distance of300.00 feet to the point of beginning; ENCLOSING an area of 0.43 acres, more or less. Ross M. Turner Wyoming PE&LS 3514 January 7, 2008 " " I \, ~