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Home My WebLink AboutURA RES 2016-19 RESOLUTION NO.2016- A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY AUTHORIZES THE EXECUTION OF THE REAL ESTATE LEASE AGREEMENT WITH ARLENE YAMAMOTO FOR PROPERTY KNOWN AS 215 SOUTH KIMBALL AVENUE COMMENCING ON AUGUST 1, 2016 AND TERMINATING ON JULY 30,2017. BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency authorizing the execution of the Real Estate Lease Agreement with Arlene Yamamoto made apart hereof as set forth in full. PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this 11th day of July, 2016. APPROVED BY THE MAYOR of the City of Caldwell, Idaho this 11`h day of July, 2016. 2016. APP' $VED: di. 1T • IRMAN ' / ATTEST: 141 ,,,�� CITY Qp.��i� SECRETARY I ,o�s►'''~! %.1t,��s Cry �g A Tg O� yWt a I` '• Q+~ c� a '•V•', 4I NV 811 ,os: RESOLUTION NO.2015- , Page 1 • REAL ESTATE LEASE AGREEMENT AGREEMENT, between the Caldwell East Urban Renewal Agency(herein referred to as "LESSOR") and Arlene Yamamoto (herein referred to as a"LESSEE"); WITNESSETH: LESSOR leases and rents to LESSEE, and LESSEE leases and rents from LESSOR, a portion of real property at 215 S. Kimball Avenue. The term of the lease is fora period of twelve (12)months commencing on August 1,2016 and terminating on July 30,2017, or whenever the LESSEE leaves the premises (whichever occurs first), under the following terms and conditions: 1. RENT: LESSEE agrees to pay LESSOR rent for the premises in monthly installments of $575.00 per month or prorated portion thereof, due and payable by the 15th day of each month beginning August 15, 2016. 2. SPACE: LESSEE agrees to occupy 1,000 square feet of floor space as described in Exhibit A. Additional space may be leased at anytime during the lease term by amendment to this lease. 3. EXTENSION: LESSEE may request to extend this lease an additional twelve (12) months by giving LESSOR written notice on or before July 15, 2017. LESSOR will respond on or before - August 1, 2017. 4. NET LEASE: The parties agree that this will be a fully net lease to LESSEE. LESSOR agrees to pay utilities. 5. PROPERTY OF LESSEE: LESSEE agrees to provide property insurance on its property and hereby releases and discharges LESSOR of and from any liability for damage to the property of LESSEE while on the leased premises. LESSEE agrees to provide LESSOR with a copy of LESSEE'S content insurance policy. 6. WARRANTIES: There are no warranties by LESSOR, and LESSEE, in executing this lease, is relying upon its own judgment, information, and inspection of the property. Property is leased on an"As Is"basis and LESSOR has no obligation to repair or upgrade the building in whole or in part. LESSEE accepts the property in"As Is" condition and acknowledges that the rent provided for in paragraph 1 has been reduced to reflect this "As Is" condition. 7. ALTERATIONS AND IMPROVEMENTS: No alteration, additions or improvements shall be made to the structure by LESSEE without first obtaining the written consent of LESSOR. All alterations, additions'or improvements made by LESSEE shall be the property of LESSOR and surrendered with the premises at termination of this lease. Signs may be placed on the property as set forth by ordinance and approved by city planning &zoning department. 8. ENTRY BY LESSOR: LESSOR shall have the right to enter the leased premises at any reasonable time to examine the same,perform testing,take measurements and determine the maintenance and state of repair. 9. 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 its employees, 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. 10. INDEMINIFICATION: LESSEE agrees to indemnify, defend, and hold harmless LESSOR, 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 any performances or activities of LESSEE, LESSEE's agents, employees, or representatives under this agreement. 11. HAZARDOUS WASTE: LESSEE agrees not to store, generate, or otherwise use or bring upon the property any hazardous waste as defined by federal, state or local laws or regulations. 12. TIME OF ESSENCE AND DEFAULT: Time is of the essence of this agreement. If LESSEE defaults in any of the terms of this agreement for a period of ten (10) days after written notice of default has been sent by LESSOR, then LESSOR, at is option and in addition to all other legal and equitable remedies, may declare this lease forfeited and terminated and re-enter 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 of damages. 13. ASSIGNMENT OR SUBLETTING PROHIBITED: LESSEE shall not assign this lease nor sublet the whole or any part thereof without the written consent of LESSOR. 14. USE OF PROPERTY: LESSEE will use the property for the purpose of providing tax and accounting service 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. 15. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 16. ATTORNEY FEES: If action is brought to enforce the terms or provisions of this lease, or to enforce forfeiture for default, or to college 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$200.00 for costs and attorney fees for each notice of default served upon LESSEE by LESSOR. 17. SERVICE OF NOTICES: Any notice may be served upon LESSOR by certified mail to LESSOR at Caldwell Urban Renewal Agency, P.O. Box 1179, Caldwell, Idaho 83606, and any notice may be served upon LESSEE by certified mail to LESSEE at 818 Suncrest Ln., Caldwell, Idaho 83605. Service of a 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. DATED this 111( day of , 2016. LESSOR: LESSEE: 75 Caldwe . ast rban ',enewal A_enc (Name) cji-149Byfir Lr (Title or Office) Its Board Chairman ATTEST: WITNESS: Secretary CEURA (Signature of Witness or Notary Public) • -cst OF ed/4,y DEBRA K. GEYER NOTARY PUBLIC 04 � STATE OF IDAHO Debbie Geyer From: Shelly Johnson [sjohnson@canyonco.org] Sent: Friday, June 24, 2016 8:39 AM To: Debbie Geyer Subject: 215 s kimball sketch Categories: Applicant 28 1 s Mas Slab 56 1568 1 s Mas B 29 812 28