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Home My WebLink AboutURA RES 2022-20RESOLUTION NO. 2022- A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY AUTHORIZING THE EXECUTION OF THE LICENSE AND AGREEMENT FOR DEMOLITION AND PARKING WITH MUSSELL CONSTRUCTION, INC. BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency authorizes the acceptance of the agreement made part hereof and set forth in full. PASSEL) BY THE CALDWELL URBAN RENEWAL AGENCY this I I" day of March, 2022. APPROVED BY THE CHAIRMAN OF THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL on this 1114 day of April, 2022. ATTEST: SECRETARY pow wow%, y OF CORPC La �■ F 6 •✓, Rl � LICENSE AND AGREEMENT FOR DEMOLITION AND PARKING This License and Agreement for Demolition and Parking ("'Agreement"') is entered into on this 11 th day of _April , 2022 ("Effective Date") by and between The Urban Renewal Agency of the City of Caldwell, Idaho, an independent public body corporate and politic, of 411 Blaine St., Caldwell, Idaho 83605 C"Agency") and Mussell Construction, Inc., an Idaho business corporation, of 320 111' Ave. So., Ste 207, Nampa, Idaho 83651 C'Developee"j. Agency and Developer may be individually referred to as a "Party" and collectively referred to as the "Parties." Agency and Developer agree as follows: RECITALS WHEREAS, Agency acquired ownership of real property located at 306 S. Kimball Ave in downtown Caldwell. C'Property"); and WHEREAS, Agency issued a Request for Proposals pursuant to Idaho Code §50-2011(b) for redevelopment of the Property and an adjacent site commonly known as 711 Cleveland Blvd, Caldwell; and WHEREAS, Developer responded to the Request for Proposals; and WHEREAS, Agency selected Developer to redevelop the Property and the Parties previously entered into a Disposition and Development Agreement that provides, among other things, for the transfer of the Property to Developer and construction of a surface parking lot by Developer and at Developer's expense; and WHEREAS, the Parties are not ready for transfer of the Property but agree that the existing structures should be demolished, old pavement removed and the site improved for a temporary unpaved parking lot. NOW, THRREFDRE, Agency and Develaper agree as follows: 1. Access. Developer is hereby ranted a license for access to the Property as reasonably f p y g P Y Y E. necessary for the demolition of existing improvements, site clearing and development of a temporary unpaved parking lot ("Lot Prep Work"). 2. Work. The Lot Prep Work is more fully set forth in Exhibit A, attached and incorporated by this reference. The Lot Prep Work shall include reasonably related tasks necessary for use of i the Property as an off-street parking area. All work shall be performed in a workmanlike manner using materials and methods that are appropriate within the construction industry for the used which they are put. Developer shall maintain the temporary parking area after the Lot Prep Work is complete for the duration of this Agreement. 3. 'Perm. The Lot Prep Work may commence immediately upon the Effective Bate and shall be completed no later than August 31, 2022. Any extension of the term of this Agreement may be LICENSE AND AGREEMENT FOR DEMOLITION AND PARKING, Page 1 granted by the Agency chairman, but shall not continue beyond December 31, 2022 without a formal, written amendment to this Agreement. The Parties understand the Lot Prep Work will result in a temporary parking area only that does not comply with all Caldwell City Code requirements for development of a permanent off-street parking area which must include, among other things, dimensional design, paving, lighting, and landscaping. The temporary parking area may only be used until May 1, 2023 unless this Agreement is extended in writing. 4. Developer_ Inderrtnifcation. To the fullest extent permitted by law, Developer shall indemnify and hold harmless the Agency, Agency officers, commissioners, members, consultants, agents, and employees, (the Indemnitees) from all claims for bodily injury and property damage, including reasonable attorneys' fees, costs, and expenses, that may arise from performance of the Lot Prep Work. Provided, however, that Developer shall not be liable for claims arising out of the existing condition of the Property. 5. Reimbursement. In the event that the Property is not subsequently transferred to Developer by Agency for any reason, Agency shall reimburse Developer for the reasonable costs and expenses associated with the Lot Prep Work in an amount up to but not exceeding $34,667. b. Notices. All notices, requests, demands, and other communications (collectively, "Notices") hereunder shall be in writing and delivered to the parties hereto by (a) hand -delivery, (b) established express delivery service that maintains delivery records, (c) certified or registered U.S, mail, postage prepaid, return receipt requested, or (d) facsimile or other electronic means at the fallowing addresses, or at such other address as the parties hereto may designate pursuant to this Section. Agency: The Urban Renewal Agency of the City of Caldwell, Idaho Attn: Debbie Geyer 411 Blaine St. Caldwell, Idaho 83605 Fax: (208) 455-3003 Email: dgeyer[acityofealdwell.org Developer: Mussell Construction, Inc. Attn: Mike Mussell 320 11"' Ave. So., Ste 207 Nampa, Idaho 83651 Fax: (208) 467-5717 Email: mikc@mussellconstruction.com 7. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors -in -interest and assigns of each party hereto. Neither Party may assign this Agreement, or any portion of this Agreement, without the express written consent of the other Party. LIC, ENS E AND AGREEMENT FOR DEMOLITION AND PARKING, Page 2 8. AttoMe_Xs' Fees. If a party hereto commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other party to be fixed by the court in the same action. 9. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior understandings, agreements, representations, and warranties, if any, with respect to such subject matter. 10. Amendment. This Agreement may only be amended and modified by a writing executed by Developer and Agency. 11. Governing_ Lave. The validity, meaning and effect of this Agreement shall be determined in accordance with the taws of the State of Idaho. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute but one and the same Agreement, Delivery of an executed counterpart of this Agreement by facsimile or other electronic means shall be equally as effective as delivery of a manually executed original counterpart of this Agreement. 13. Aln Third -Party Henef ciary Rig, , This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third -party beneficiary rights in any person not a party hereto unless otherwise expressly provided herein. IN WITNESS WHEREOF, the parties hereto have caused. this Agreement to be executed and made effective as of the Effective Date. DEVELOPER: Urban Renewal Agency of the City of Mussel] Construction, Inc. CaLdw,p1l, Idaho By: M. t k&' ~;-4 f-4G Name:-�' Its:5 Date: LICENSE AND AGREEMENT FOR (DEMOLITION . NI) PARKING, Page 3 Mumil Constmction, Inc. P.O.Sox 3304 Nampa, ID 83653 I Name 1 Address 1 City of Caldwell Caldwell Url= Renewal Apnay 411 Blaine Suw Cai lm[4 ]D 83605 248-466-3331 charinussellcanstructiws.cOm Esti m ate Rafe Ea4 MaW 8� 4n=7 555