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Home My WebLink AboutURA RES 2017-42 RESOLUTION NO. 2. A RESOLUTION CY AUTHORIZES "THE SOLXJTION OFTHE CALDWELL URBAN RENEWAL ACY EXECUTION OF THE REAL ESTATE LEASE AGREEMENT WITH GLENDA BLESSINGER FOR PROPERTY KNOWN AS MEZANINE AT 217 SOUTH KIMBALL AVENUE COMMENCING January 1, 2018 AND TERMINATING; ON December 31,2018. BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency authorizing the execution of the Real Estate [,ease Agreement with Glenda Blessinger made part hereof as set forth in full. PASSED BY THE CALDWELL UR13AN RENEWAL AGENCY this 13th, day of November, 2017 APPROVED BY THE CALDWELL URBAN RENEWAL AGENCY this 13"', day of November, 2017 JA R ATTEST: Cl Y 0 0 U sE.caff ARY % '4mvi �N 11,41,."e CAMWEIA,URBAN RENEWAL,AGENCY RESOIXTION NO.2,pj.!-q L �.,g8�aa}Paso„ y",a 1..a a� ��' e 4 a•.` r .. � nee' ?t 4faY3�xiiA REAL ESTATE LEASE AGREEMENT AGREEMENT, between the Caldwell Urban Renewal Agency, a public body corporate and politic, organized and existing pursuant to the Idaho Urban Renewal Law, Chapter 20, Title 50, Idaho Code, of 411 Blaine Street, Caldwell, Idaho 83605 (herein referred to as "LESSOR") and Glenda Blessinger, of Sassy Gals (herein referred to as a"LESSEE"); WITNESSETH: LESSOR leases and rents to LESSEE, and LESSEE leases and rents from LESSOR,that certain portion of real property located at 217 S. Kimball Avenue, Caldwell, Idaho, located on the Mezzanine floor of said building and comprising approximately 485 square feet, as shown on Exhibit 1, attached hereto and made a part hereof by this reference. The term of the lease is for a period of twelve (12) months commencing on January 1, 2018, and terminating on December 31, 2018,under the following terms and conditions: 1. RENT: LESSEE agrees to pay LESSOR rent for the premises in monthly installments of $325.00 per month, due and payable by the 5th day of each month, beginning January 5, 2018. 2. SPACE: LESSEE agrees to occupy 485 square feet of floor space as described in Exhibit A. 3. UTILITIES: The parties agree that utilities, taxes and assessments shall be paid as follows: LESSOR agrees to pay utilities (gas, water, sewer, trash and street lights) property taxes and irrigation assessments. LESSEE agrees to pay utility bills for electricity. LESSEE acknowledges that it will share existing meters for electricity with the lessee of another space located within the building, and that the two lessees will each be jointly and severally responsible to ensure that said electricity and gas remain paid up and current. 4. PROPERTY OF LESSEE/INSURANCE: LESSEE agrees that all property of every kind and description kept, stored, or placed in or on the premises shall be at LESSEE's sole risk and hazard and that LESSOR shall not be responsible for any loss or damage to any of such property resulting from fire, explosion, water, steam, gas, electricity, or 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 may be responsible. LESSEE agrees to provide property insurance on its personal property, and hereby releases and forever discharges LESSOR of and from any liability for damage or future damage to the personal property of LESSEE while on the leased premises. 5. 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. REAL ESTATE LEASE AGREEMENT-PAGE 1 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. 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 subject to 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. 7. 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. 8. ENTRY BY JOINT TENANTS: LESSEE will have access to the leased premises at all times. LESSEE agrees to abide by all policies issued by LANDLORD with respect to access and lockup of the building outside of regular business hours. 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. REAL ESTATE LEASE AGREEMENT-PAGE 2 13. RENEWALS: Upon termination of the initial term of this lease, or any renewal thereof, LESSEE shall have the right to request a lease renewal for an additional one (1) year period by giving written notice of request for renewal at least sixty (60) days prior to the anticipated date of termination. LESSOR shall approve or deny such request at least thirty (30) days before the termination of the lease and, if approved, LESSOR shall either(a)provide a new lease agreement with appropriate language changes, as needed, within ten (10) days of the termination of the lease, or (b) indicate to the LESSEE, in writing, that the lease shall continue under the same terms and conditions as set forth herein for the following one (1) year. All terms and conditions in lease renewals shall be reviewed and/or modified as deemed necessary by LESSOR. Following expiration of the initial lease term, and unless otherwise agreed to in writing by the parties, either party may terminate this lease agreement without cause upon ninety (90)days written notice. 14. ASSIGNMENT OR SUBLETTING PROHIBITED: LESSEE shall not assign this lease nor sublet the whole or any part thereof without the written consent of LESSOR. 15. USE OF PROPERTY: LESSEE will use the property for the purpose of providing retail sales of clothing and other 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. 16. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 17. 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. 18. 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. 19. 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 83605, and any notice may be served upon LESSEE by certified mail to LESSEE at the address noted hereinabove. 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. REAL ESTATE LEASE AGREEMENT-PAGE 3 20. SEVERABI1TFY: In the case that any one or 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 unenforceability of the remaining provisions shall not in any way be affected or impaired thereby. 21. IAFASE NOT FOR REDEVELOPMENT: The parties agree that this relatively a 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. DA,rED this 13", day of November, 2017. LESSEE: di Ofida Blessinger LESSOR: CALDWELL t;RBA' NEWAL AGENCY oe REM�ESTATv LEW.,,AGREEMENT-PAGi,,,4 5 217 S. Kimball 1 s Ma i ab EZZS o- a E3 43 25 FRAY