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Home My WebLink AboutURA RES 2022-32RESOLUTION NO. 2022-� 3Z A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY AUTHORIZING THE EXECUTION OF THE REAL ESTATE LEASE AGREEMENT WITH NORMANS INCORPORATED FOR THE PROPERTY KNOWN AS 213 SOUTH KIMBALL AVENUE COMMENCING JUNE 19 2022 AND TERMINATING ON FEBRUARY 28, 2023. BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency authorizing the execution of the Real Estate Lease Agreement with Normans Incorporated and made part hereof as set forth in full. PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this 13t�', day of June, 2022. APPROVED BY THE CALDWELL URBAN RENEWAL AGENCY this 13t1', day of June, 2022. ATTEST: URA SECRETARY CALDWELL URBAN RENEWAL AGENCY RESOLUTION NO. ► � ► ,� c This AGREEMENT is entered into on June 1, 2022 by and between the Caldwell Urban Renews! Agency, a public body corporate and politic, organized and existing. pursuant to the Idaho Urban Renewal Law, Chapter 20, Title 5D, Idaho Code of 411 Bfaine Street, Caldvvefl, Idaho 83605 (herein referred to as "LESSOR")and .Normans Incorporated, an Idaho corporation, of 223 S. Kimball Ave, Caldwell, Idaho 83605 (herein referred to as the "LESEE"). • • • e - - • -• •. �► - e - e. • .1 e • e- �- e-e • a �' pursuant to the terms and conditions contained herein. 1, TERM: The lease entered into by this Agreement steal! be a month -to -month tenancy, the first month commencing on June 2, 2022, and terminating on February Z8, 2023. 2. RENT: LESSEE. shall pay LESSSOR rent for the premises in monthly installments of one dollar ($1} due payable by the 5th day of each. month, beginning June 5, 2022. 3. UTILITIES: The parties agree that utilities, taxes, and assessments shall be paid as follows: LESSEE agrees to pay all utilities (gas,. water, sewer, trash, electricity, and streetlights), property taxes, and irrigation assessments. 4. PROPERTY OF LESSEE/INSURANCE: LESSEE agrees that all .property of every kind and description kept, stored, or placed in or on the. premises sha(I be at LESSEE'S sole risk and hazard and that LESSOR shall not be responsible far any loss or damage to any of such property resulting from fire, explosion, water, steam, gas, electricity, or on the elements, whether or not originating in the premises, caused by or from leaks or defects in or breakdown of plumbing, piping, wiring, heating, or .any other facility, equipment, or, fixtures or any other cause or act and whether or not resulting from the negligence of LESSOR or other . tenants of LESSOR or anyone for whom LESSOR maybe responsible. LESSEE agrees to provide property insurance on their personal property, and hereby releases and forever discharges LESSOR of and from any (lability for damage or fixture damage to the personal property of LESSEE while on the leased premises. 5. UVARRANTIES: There are no warranties by LESSOR, and LESSEE, in executing this lease, is relying upon. her own judgment, information, and inspection of the property. Property is leased on an " as is" basis and LESSC>R has no obligation to maintain, repair, or upgrade the • building in whole for in part. LESSEE accepts the property in an " as is condition, and LESSOR disclaims any and all warranties, whether express or implied. 6. ALTERATIONS AND IMPROVEMENTS; No alterations, additions, or improvements shall be made to the structure by LESSEE without first presenting a plan of alterations, additions or improvements to LESSOR, and subject to written consent of LESSOR. All alterations, additions, or improvements made by LESSEE shall become the property of LESSOR and shall be surrendered with the premises at termination of this lease. Signs may be places on the property as set forth by ordinance and approved by the City of Caldwell, Planning & Zoning Departments. Signs shall not become the property of LESSOR, and LESSEE shall remove signs at the termination of this Agreement. 7. ENTRY BY LESSOR; LESSOR shall have the right to enter the leased premises at any reasonable tim o examine the same, perform testing, take measurements, and determine the maintenance and state of repair. While LESSEE will always have access to the leased premises. LESSEE agrees to abide by all policies issued by LESSOR with respect to access and lockup of the building outside of regular business hours. OV5 454a y 8. FiRE OR OTHER LOSS: if any structure shall be damaged by fire, the elements or other causes, LESSOR may at its option, terminate this lease rather than restore the premises or cause the same to be repaired and restored unless caused by the acts or negligence of LESSEE or her agents, employees, or invitees, in which case LESSEE shall promptly restore and repair the premises. Either party may make use of any applicable insurance, including, without limitation the insurance Lessee is required to maintain' pursuant to paragraph 4, above. If any structure is so damaged as to be unfit for use or occupancy, this lease and the rent of LESSEE shall be adjusted by the percentage of loss as determined by leased square footage before and after the damage, unless terminated as provided in this Agreement. 9. INDEMNIFICATION: LESSEE agrees to indemnify, defend, and hold harmless LESSOOR, and its officers, agents, and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/ or performance or activities of LESSEE, LESSEE' s agents, employees, or representatives under this agreement, 1.0. HA7ARDOU5INASTE: LESSEE agrees not to store, generate, or otherwise use or bring upon the property ar�y hazardous waste as defined by federal, state, or .local laws, rules, or regulations. 11. TIME OF THE ESSENCE AND DEFAULT: Time is of the essence in this agreement. If LESSEE defaults in any ofthe terms of this agreement for a period often (10) days after written notice of default has been sent by LESSOR, then LESSOR, at its option and in addition to all other legal and equitable remedies, may declare this lease forfeited and terminated and reWenter and repossess the leased premises. Upon such forfeiture and termination, all rights of LESSEE under this agreement shall immediately terminate. Provided, however, that nothing herein shall be considered an election of remedies or limitation upon damages, 12. ASSIGNMENT OR SUBLETTING PROHIBITED: LESEE shall not assign this lease nor sublet the whole or any part thereof without the written consent of LESSOR. 13. USEb OF PROPERTY: LESSEE will use the property for retail jewelry sales and for the provision of related goods and services and shall at all times comply with all laws, regulations, zoning designations and requirements, and ordinances governing the intended use(s). The LESSEE' s use of the property, whether by self or others, shall not be changed without the consent of LESSOR. 14. ENTIRE AGREEMENT: This entire agreement of the parties can only be modified or amended in writing by the parties. 15. ATTORNEY REPRESENTATION; All parties hereto have had the right and opportunity to have this agreement reviewed by independent counsel of their own choice should they so desire. p r• 16. ATTORNEY FEES:faction is roug t to enforce tAe terms or provisions of this lease or to p , enforce forfeiture or default, or to collect damages for breach, the prevailing party in such action shall be entitled to recover from the losing party reasonable attorney fees together with costs authorized by law. In addition, LESSEE agrees to pay the sum of two hundred dollars ($200) for costs and attorney fees for each notice of default served upon LESSEE by LESSOR. 17. SERyiCES O1= NOTICE: Any notice maybe served upon. LESSOR by certified mail to LESSOR at Caldwell Urban Renewal Agency, 411 Blaine Street, Caldwell, Idaho 83605, and any notice may be served upon LESSEE by certified mail to LESSEE at the address of the leased property noted hereinabove. Service of notice by certified mail shall be deemed complete upon the date of the postmark by certified mail. Either party may change the address for services of notice by written notice to the other party. 18. SEVERABILITY: In the case that any one of more of the provisions contained in this agreement, or any application thereof, shall be invalid, illegal or unenforceable in any respect the validity, legality, or unenforceablity of the remaining provisions shall not in any way be affected or impaired thereby. 19. LEASE NOT FOR RE NT: The parties agree that this. relatively short-term Lease agreement is not a lease "for redevelopment," as that term is used in Idaho Code § 50- 2014. LESSOR continues to actively seek redevelopment opportunities for the subject property, and LESSEE continues to seek long term solutions for the permanent location of LESSEE' s business activities. DATED this day of May, 2022 LESSEE Normans Incorporated � - � �• �-�- LESSER ��ALDWELL URBAN ATTEST: Secretary LEASE AGEEMENT -� PAGE 4 f�.�:1i3117:1 A parcel of land being a portion of Lots � 1, 22 2� and 24, Block 10, of CALI��ELL, Canyon County, Idaho, according to the Revised Map filed July 29, 1891 in Book 1 of Plats, Aage Z0, records of said County, more particularly described as falIows: Beginning at the Northerly corner of Lot 24 in Block 10 ofCaldw�ll, Idaho, according to the Revised Map thereof filed July 26, 1 g91 and new of record in Book 1 of Plats, page. 20, records df Canyon County, Idaho; Run thence. Southeasterly along the Southwesterly boundary .line ofthe alley an said Block lU a distance of 8S feet; Thence Southwesterly at right anglesl7 feet; Thence Northwesterly parallel with the Southwesterly boundary lane o#'said .Block 10 a distance of 85 feet; Thence Northeasterly i 7 feet to the Point of Beginning: