Lease Agreement - New Vision.pdf - Hcnv.us

Lease Agreement
THIS LEASE AGREEMENT (hereafter referred to as the “Agreement”) made December ____,
2012, by and between the following parties:
Lessor:
Lessee:
HUMBOLDT COUNTY
a political subdivision of the State of Nevada
50 W. Fifth Street
Winnemucca, Nevada 89445
NEW VISION DEVELOPMENT, LLC
a Nevada limited-liability company
10591 Double R Boulevard
Reno, Nevada 89521
The parties recite and declare the following:
RECITALS:
A. Lessee desires to rent on a temporary basis up to 76 camp spaces located in the
southwest corner of the Humboldt County Fairgrounds complex at 1000 Fairgrounds
Road, Winnemucca, Nevada.
B. Lessee intends to occupy the spaces with park model and triplex units for the exclusive
use of temporary construction workers employed directly for both the Frontier Village
housing development and the Hycroft Mine expansion.
C. Lessor desires to rent the camp spaces as long as it does not conflict with any event held
at the fairgrounds and that all housing units and/or vehicles are removed from the
fairgrounds property on or before June 15, 2013 so that the camp spaces can be
prepared by Lessor for an event which begins June 27, 2013.
D. Lessor and Lessee desire to make certain improvements to the camp spaces at the
Humboldt County Fairgrounds by installing sewer lines and improving water services.
E. Lessee desires to complete the sewer and water improvements at its sole cost and to
have these costs offset the rent owed to Lessor.
F. Lessee further desires to pay electric utility use for the camp spaces on a monthly basis.
G. Lessor and Lessee intend this to be temporary and to not compete with other existing
recreational vehicle parks as the types of units to be used on the camp spaces are not
commonly found in those parks and the number of spaces needed are not currently
available for a continuous period.
Lease Agreement – page 1 of 8

AGREEMENT:
For the reasons set forth above and in consideration of the mutual covenants and promises of the
parties, Lessor and Lessee covenant and agree as follows:
1. Agreement to lease. Lessor agrees to lease to Lessee, and Lessee agrees to lease from
Lessor, on the provisions hereinafter set forth, up to a maximum of 76 camp spaces located in the
southwestern corner of the Humboldt County Fairgrounds, at 1000 Fairgrounds Road, Winnemucca,
Nevada.
2. Purpose of occupancy. The premises are being leased for occupancy on a temporary basis
for the exclusive use of temporary construction workers employed directly for both the Frontier
Village Housing Development and the Hycroft Mine expansion.
3. No pets. Lessee shall not keep, nor allow any occupants of camp spaces to keep, pets or
animals of any kind on said premises, unless written consent of the Lessor is obtained in advance.
4. Term. The term of this Agreement begins December 1, 2012 and ends at or before
midnight on June 15, 2012.
5. No right to renew lease. Lessee shall not have any right or option to renew this Agreement
for any period beyond the original term of the Agreement described above because Lessee
understands that Lessor needs the 76 camp spaces which are the subject of this Agreement for an
event beginning June 27, 2012 and Lessor needs time to prepare the spaces for that event.
6. Improvements to premises by Lessee. Lessee shall construct, install, or make, or cause to
be erected, constructed, installed, or made, sewer lines and any necessary water service
improvements to each of the 76 camp spaces which are the subject of this Agreement.
7. Compliance with approved plans. All improvements, alterations and additions shall be in
compliance with plans and specifications approved by Lessor. In addition, the plans and
specifications shall be filed with and approved by all state and local governmental authorities as
may have jurisdiction in relation to the improvements, alterations and additions.
8. Permits and licenses. Lessee shall obtain all necessary permits and licenses from the
appropriate authorities for the improvements, alterations and additions to the premises in this
Agreement.
9. Contractors and vendors. All improvements, alterations and additions shall be performed
by licensed contractors in a skillful manner and to the reasonable satisfaction of Lessor. Lessee
shall make every effort to contract with contractors and vendors who are responsible and
responsive, and who will perform the work or provide the materials at the lowest and best possible
cost.
10. Lessee liability. Lessee shall pay all expenses and liabilities arising out of or in any way
connected with such improvements, alterations and additions and shall keep the property of Lessor
Lease Agreement – page 2 of 8

free and clear of all liens of mechanics or material suppliers, and all liens of a similar character
arising out of the improvements, alterations and additions, or the repairs and maintenance of the
improvements, alterations and additions.
11. Ownership of improvements. All improvements, alterations, and additions completed by
Lessee shall, at the expiration of this Agreement, be and remain on the premises and belong to
Lessor as a further consideration for this Agreement, and without any compensation to Lessee.
12. Rent. Lessee will pay Lessor, without demand, rent in the amount of FOUR HUNDRED
AND NO/100 DOLLARS ($450.00) per month for each camp space occupied, or a prorated portion
thereof based on the number of days each space is occupied.
13. Additional rent. Lessee may be required, as set out under this Agreement, to pay
additional sums to Lessor. Any such sums are additional rent under this Agreement. All additional
rent is to be paid together with the next monthly installment of rent payable under this Agreement.
If Lessee does not pay the additional rent when due, Lessor has the same rights against Lessee as if
Lessee had failed to pay the rent.
14. Payment of rent. As discussed above, Lessee agrees to perform certain improvements to
the sewer and water systems on the premises of the Lessor. Lessee is authorized by Lessor to make
the expenditures for the improvements in compliance with the terms of this Agreement. Duly
receipted bills for work completed and material furnished for such improvements, alterations and
additions shall be accepted dollar for dollar in part payment of each month’s rent for the camp
spaces occupied. Acceptable costs for the credit against rent are items necessary for the
construction of the improvements, alterations and additions specified in the Agreement, including
bills for surveying, permits and licenses, materials, contractor services, inspections of the
construction, etc. Costs which shall not be a credit against rent include bills from Lessee for
services as a general contractor or project manager and bills related to the installation of the housing
units on the camp spaces and inspections thereof by governmental authorities. In addition, costs or
bills shall be allowed only after the work or materials included in each bill has been completed or
received by Lessee and after submission by Lessee to Lessor of proof that the bill has been paid in
full by Lessee. The difference, if any, between the bills submitted for credit against rent owed and
the sum owed for rent shall be paid by Lessee to Lessor on or before the 15 th of the month following
occupancy of camp spaces by Lessee. Such payments shall be made payable to the Lessor in the
name of Winnemucca Events Complex at 1000 Fairgrounds Road, Winnemucca, Nevada 89445. If
the total cost of the expenditures by Lessee for the improvements pursuant to this Agreement is
greater than the total amount of rent owed to Lessor, the difference shall be additional rent under
this Agreement and Lessee shall not be entitled to any additional consideration or compensation
from Lessor.
15. No assignment and subleasing. Lessee shall not assign this Agreement, or any interest
therein, nor sublet said premises or any part thereof, or allow any other person to occupy the
premises without the prior written consent of the Lessor. Lessee agrees that only individuals
directly associated with the construction for New Vision Development, LLC or for Hycroft Mine
may occupy the camp spaces. Any attempted assignment or subletting without the consent of the
Lessor shall be null and void.
Lease Agreement – page 3 of 8

16. Utilities and services. Lessor shall be responsible for providing water at the camp spaces
at their current locations. Lessee is responsible for reimbursing Lessor for the electricity used by
Lessee. For 46 of the camp spaces which are on one meter, Lessor shall invoice Lessee for the full
amount of the monthly bills, regardless of the number of spaces that are actually occupied. For the
remaining 30 camp spaces which share a meter with other spaces and buildings of the Lessor which
are not a part of this Agreement, Lessor shall invoice Lessee monthly for the number spaces used
based upon a per unit cost calculated from the bill for the 46 camp spaces. Lessee shall pay Lessor
the amounts invoiced for electricity within ten (10) days of the date of the invoice payable to
Winnemucca Events Center at 1000 Fairgrounds Road, Winnemucca, Nevada 89445.
17. Condition of premises. Lessee has inspected the premises, including the grounds and the
camp space improvements, acknowledged that it is in good and sanitary order and repair, and
accepts it “as is”.
18. Laws, waste, use and care. No unlawful use may be made of the premises and Lessee shall
not violate any federal, state or local law or ordinance applicable to the said premises; Lessee shall
not commit or permit waste or the existence of a nuisance in or around upon the premises. Outdoor
areas shall be kept free from weeds, junk and refuse. Lessee shall immediately notify Lessor should
any plumbing, electrical, mechanical or other equipment or part of the premises become damaged,
faulty, or in disrepair. Lessee shall be responsible for repairs and replacements required due to fault
or negligence of Lessee. Any repairs by Lessee must be done by a licensed, reputable and qualified
firm or person. In the event that Lessee fails to make the repairs, Lessor may make the necessary
repairs and charge the cost of such repairs to Lessee as additional rent under this Agreement.
19. Hazardous substances. Lessee shall not cause or permit the presence, use, disposal,
storage or release of any hazardous substance (as defined by applicable federal, state or local health,
safety or environmental protection laws and/or regulations) on the property, except such quantities
of hazardous substances generally recognized appropriate for the normal use and maintenance of the
property.
20. No additional alterations without consent. Lessee may not make any alteration in said
premises other than those specified in this Agreement without prior written consent of Lessor in
each instance. All alterations made by Lessee shall, unless Lessor requests removal, become
Lessor's property and remain on the premises at the termination of this Agreement without any
compensation to Lessee. If Lessor demands or permits removal of any alteration, then Lessee shall
return that portion of the premises to the same condition as existed prior to the alteration.
21. Fire and casualty. In the event of fire or other damage to the premises, Lessee will
immediately notify Lessor. If the premises are only partially damaged and are inhabitable and
Lessor makes full repairs within fourteen (14) days, this Agreement shall continue without
abatement or apportionment of rent. If the premises are rendered uninhabitable, continued
occupancy would be illegal, or Lessor cannot or does not repair within fourteen (14) days, Lessee
may immediately vacate the premises and notify Lessor in writing within seven (7) days after
vacating of Lessee's intent to terminate, in which case, this Agreement shall terminate as of the date
of vacating.
Lease Agreement – page 4 of 8

22. Indemnification. Lessee is liable for, and shall hold Lessor harmless against, any and all
liability or loss arising after the commencement of this Agreement from any claims, orders, decrees
or judgments which may be entered therein, brought for damages or alleged damages resulting from
any injury to persons or property or from loss of life sustained in or about the demised premises, or
related to the construction of the improvements, alterations and additions discussed in this
Agreement, except that which is caused by Lessor's negligence. If Lessor incurs any damage or
expense due to any such claim, other than a claim arising from Lessor's negligence, Lessee will
reimburse Lessor for such damage or expense, as additional rent under this Agreement.
23. Insurance requirements. Lessee agrees to maintain throughout the term of this Agreement
comprehensive general liability insurance with a reputable insurance company naming the Lessor as
an additional insured and/or loss payee, as its interests may appear, to protect against liability for
damage claims arising from accidents or events occurring on, in or around the premises in an
amount not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) combined single
limit liability for each occurrence and shall cover bodily injury and property damage, premises and
operations, worker’s compensation and employer’s liability, and independent contractors. Such
insurance shall provide coverage for the contingent liability of Lessor and its employees, agents,
servants, guests, invitees, licensees and representatives on such claims or losses. Lessee agrees not
to do anything that will increase any other insurance premiums payable with respect to the premises
by Lessor, including but not limited to fire and casualty insurance, and, if any insurance company
insuring the premises does increase its premium due to Lessee's action or use, Lessee will pay such
additional premium, as additional rent under this Agreement. Lessee shall not keep on the premises
or permit to be kept, used or sold thereon anything prohibited by any policy of insurance covering
the premises.
24. Lessee to insure possessions. Lessor is not an insurer of Lessee, its agents or any person
occupying the camp spaces or any of their possessions. Lessee agrees that Lessee's property and the
property of its agents and other persons occupying the camp spaces or elsewhere on the premises
shall be at Lessee’s risk only, and that Lessee and the occupants shall be responsible for any other
type of insurance as they deem necessary.
25. Vehicles, license to park. No more than one (1) vehicle per occupant of a camp space may
be parked on the premises except with prior written consent of Lessor. No inoperable or unlicensed
vehicles are permitted. No vehicle maintenance or repair work is permitted on the premises.
Lessee understands that Lessor cannot and shall not be liable for any loss or damage of or to any
vehicle or property contained therein.
26. Notices and contact persons. All notices under this Agreement must be in writing and
either delivered personally or mailed by certified or registered mail, return receipt requested, to the
address of Lessor, or at such other address as Lessor may designate by notice to Lessee; or if sent to
Lessee to the address of the premises, or as may otherwise be required by NRS 40.280.
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Lease Agreement – page 5 of 8

Contact persons for each party until further notice in writing shall be:
For Lessor:
Bill Deist
Humboldt County Administrator
50 W. Fifth Street
Winnemucca, Nevada 89445
(775) 623-6300
or
Kim Petersen
Director of Winnemucca Convention & Visitors Authority
50 W. Winnemucca Boulevard
Winnemucca, Nevada 89445
(775) 623-5071
For Lessee:
Alan Means
Manager of New Vision Development, LLC
10591 Double R Boulevard
Reno, Nevada 89521
(775) 240-1017
27. Default and remedies. It shall constitute a default under this Agreement, allowing the
Lessor to terminate the Agreement, if the Lessee fails to timely pay the rent or other lawful charges
as provided in the Agreement or comply with the valid provisions of this Agreement. Upon such
default, Lessor may seek any and all remedies available under said law or any other remedies to
which it is entitled at law or in equity. The remedies granted Lessor are cumulative and the exercise
of any one remedy by Lessor shall not be to the exclusion of any other remedy.
28. Curing Lessee’s defaults. If Lessee does not correct a default after notice by Lessor,
Lessor may, but is not required to, remedy such default on behalf of Lessee, and any costs incurred
by Lessor will be payable by Lessee, as additional rent under this Agreement.
29. Surrender. At the end of the term or earlier termination of this Agreement, Lessee will
quit and surrender the premises in as good order and condition as on the commencement date of this
Agreement, except for ordinary wear and tear and damage by the elements, except as noted on the
Inspection Check List, if any, which was prepared by Lessee at the time of the commencement of
the lease and submitted to Lessor within fifteen (15) days of the commencement of the lease.
30. Quiet enjoyment. If Lessee is not in default under this Agreement, Lessee may peaceably
and quietly enjoy the premises during the term of this Agreement.
31. No waiver. Lessee agrees that any waiver by Lessor of any provision of this Agreement
shall not be deemed a waiver of such provision in the event of any subsequent breach of any
provision, and the acceptance of rent thereunder shall not be deemed a waiver of any preceding
breach by Lessee of any provision of this Agreement and Lessor shall not be prevented from
Lease Agreement – page 6 of 8

enforcing such provision thereafter.
32. Severability. If any part of this Agreement is invalid or unenforceable, the balance of this
Agreement shall remain effective, absent such provision.
33. Successors. This Agreement is binding on all persons who may succeed to the rights of
Lessor or Lessee.
34. Merger. This Agreement represents the entire agreement between Lessor and Lessee.
Lessor has made no representations other than those contained in this Agreement.
35. Amendments. No change in this Agreement shall be effective unless it is in writing and
signed by both Lessor and Lessee.
36. Powers of Lessor’s agent. All rights and remedies of Lessor under this Agreement or at
law may be exercised by Lessor or by Lessor’s agents in Lessor’s name.
37. Choice of Law. This Agreement shall be construed according to the laws of the State of
Nevada.
38. Miscellaneous. Words used herein in any gender include all other genders. Words used in
the singular include plural and words used in the plural include singular.
IN WITNESS WHEREOF, the said parties have caused this Lease Agreement to be entered
into the day and year first above written.
Lessor:
HUMBOLDT COUNTY
By: __________________________________
MIKE BELL, Chairman of the
Board of County Commissioners
ATTEST:
TAMI RAE SPERO
Humboldt County Clerk
Lease Agreement – page 7 of 8

STATE OF NEVADA )
: ss.
COUNTY OF HUMBOLDT )
On
, 2012, this instrument was acknowledged before me by MIKE
BELL as the Chairman of the Board of County Commissioners for Humboldt County, Nevada.
____________________________________
Notary Public
Lessee:
NEW VISION DEVELOPMENT, LLC
By: __________________________________
ALAN MEANS, Manager
STATE OF NEVADA )
: ss.
COUNTY OF ______________ )
On
, 2012, this instrument was acknowledged before me by ALAN
MEANS as a Manager of NEW VISION DEVELOPMENT, LLC.
____________________________________
Notary Public
Lease Agreement – page 8 of 8