HomeMy WebLinkAboutURA RES 2018-32 RESOLUTION NO. 2018- ,2-
A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY
AUTHORIZING THE ACCEPTANCE OF THE LEASE AGREEMENT WITH
TREASURE VALLEY COMMUNITY COLLEGE AND CHUKAR DEN COFFEE SHOP
SERVICES EFFECTIVE OCTOBER 28,2016 AND TERMINATING ,TUNE 30, 2019.
BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Apncy authorizes the acceptance
of the Lease Agreement with Treasure Valley Community College and Chukar Den Coffee Shop
made part hereof and set forth in full.
PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this 10" day of September,
2018,
APPROVED BY THE CHAIRMAN OF THE URBAN RENEWAL AGENCY OF THE
CITY OF CALDWELL on this I 01h day ot'September, 2018.
APP VED:
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SECRE.TARY
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LEASE AGREEMENT
Chukar Den Coffee Shop Services.
This LEASE AGREEMENT ("Lease") was entered into as of W 2016, between
Treasure Valley Community College (referred to herein as the "Lessor") and Creckside Coffee, LLC,
("Lessee").Lessee is in the coffee shop business,and operates a sole proprietorship known as Creekside
Coffee, and desires to lease space from Lessor. Timothy Rosandick, as Dean of Outreach for Treasure
Valley Community College is authorized to act on behalf of the Lessor in all matters related to this Lease,
1. LEASE AND DESCRIPTION OF PREMISES;USE AS A COFFEE SHOP.
a. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor an area on the first
floor (Room 123) of the Treasure Valley Community College Caldwell Center(the "College"),
more commonly known as the Chukar Den(the"Chukar Den"), located at 205 South 6'h Avenue,
Caldwell,Idaho in the approximate size of 828 square feet(the"Premises"), under the terms and
conditions set forth in this Lease,together with certain equipment used or useful in the operation
of a coffee shop and food service more particularly described on Exhibit A attached hereto (the
"Equipment"). It is understood and acknowledged by Lessee that the Premises are a portion of a
building owned or leased by Lessor,the remainder of which is occupied by the Lessor or its tenants,
invitees, or Iicensees.
b. Lessee may use and occupy the Premises for the purpose of operating a coffee shop and
food service business coincidental to the educational activities of Lessor on the remaining portion
of the property of which the Premises are a part,and activities incidental thereto,and not otherwise. i
Lessor hereby understands that Lessee's operation shall include the sale of pastries,baked goods,
and similar coffee shop fare and a line of non-alcoholic beverages (coffees, teas, and flavored
drinks)typical of coffee shops.Lessee shall not use or knowingly permit any part of the Premises
to be used for any unlawful purposes,and shall comply with all of the laws applicable to it and its
operations. Lessor shall possess the discretion, but not the obligation, to determine the
appropriateness Fof Lessee's inventory,products and merchandise and therefore restrict the same
on the Premises;provided however,such restrictions shall not be unreasonably applied.
Lessee acknowledges and agrees that the Premises and equipment leased hereunder on the
terms and conditions stated herein is for the primary purpose of providing coffee and food service
to the students, faculty and other invitees of Lessor. Lessee agrees that it shall not utilize the
Premises or the equipment leased hereunder for any other commercial purpose including, but not
Iimited to,food preparation for catering events outside of the Caldwell Center,unless prior written
approval is obtained from Lessor. Lessor reserves the right to deny any permission sought under
this section for any reason.
C. Upon expiration or termination of this Lease and upon related eviction or move out of
Lessee,all leasehold improvements shall become property of the Lessor and remain on the Premises
(except the non-fixture items as mentioned in subparagraph 6.e,below). f
2. TEIjM. The initial term of this Lease shall be for the period of time, commencing on the
6 2016, and terminating the 301 of June, 2019, unless sooner terminated as
set forth in this Lease.
f
Lessor shall have the right to terminate this Lease immediately in the event Lessor has concerns
regarding safety or if Lessee violates the Treasure Valley Community College Policies and
Procedures regarding security.Lessee acknowledges that Lessor is leasing the property upon which
the Premises are located and that this Lease shall be subject to all the terms and provisions set forth
in the lease between Lessor and the owner of the property as if set forth herein in full by this
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reference(hereinafter"Master Lease'). In the event the Master Lease is terminated for any reason,
this Lease shall also terminate in which case the parties shall have no further Obligations to one
another.
3. RENT AND SALE OF MERCHANDISE;ACCOUNTING;LATE FEES;AND SERVICE
CHARGE.
a. Lessee shall pay a monthly rent of$1.00(ONE DOLLAR)for the initial term of this Lease,
payable in advance due on the Ist day of each month for that upcoming month's rental.Payments
shall be made payable to Treasure Valley Community College.Rent for subsequent renewal terms
shall be negotiated by the parties at least 60 days prior to the commencement of the applicable
renewal term.
4. RESERVED.
5. CONDITION OF PREMISES AND EQUIPMENT;RESTRICTIONS ON USE.
a. Lessee is familiar with the Premises and that the taking of possession of the Premises and
Equipment shall be conclusive evidence that the leased Premises were at the time of the taking of
possession in good,clean,sanitary condition,and the Equipment is in good working condition,and
both the Promises and Equipment are in all respects satisfactory and acceptable to the Lessee,and
is in the condition in which they were represented to the Lessee to be or agreed to be put into by
the Lessor, and the Lessee hereby releases the Lessor from any and all claims arising from any
defects in the condition of the Premises or the Equipment.
b. Lessee will not use or permit anything to be used or done upon the Premises that might be
dangerous to Iife or Iimb and that the Lessee will not in any manner deface or injure the Premises
or do anything that will increase the rate of insurance thereon,or permit anything to be done upon
the Premises,or in the passageways,alleys,area ways,sidewalks,or streets adjacent thereto,which
will amount to or create a nuisance,or interfere with the other occupants of the Premises.
6. ALTERATIONS AND MODIFICATION;REPAIRS; FIXTURES.
a. Alterations and Modification.
i. Lessor shall not have any obligation to make any alterations or improvements of any kind
in or about the Premises. Lessee shall repair or replace promptly all damages to the
Premises and the Equipment due to the acts of the Lessee, its agents,or its invitees.
ii. Lessee will make no alterations in or additions to the Premises without first obtaining the
Lessor's written consent. Lessee shall immediately remove any sign erected or placed on
the Premises which Lessor deems offensive or objectionable in the sole discretion of the
Lessor.
in. With respect to all alterations or improvements to the Premises which the Lessee
undertakes at its own expense as contemplated herein and with the written consent of the
Lessor for subsequent improvements,the Lessee shall in each instance indemnify and save
said Lessor forever harmless and free from all damages,loss and liability of every kind and
character which may be claimed,asserted or charged,including liability to adjacent owners
and lessees, based upon the acts of negligence of the Lessee or its agents, contractors, or
employees for any negligence or for the failure of any of them to observe and to comply
with the legal requirements of the City of Caldwell, and that the Lessee will preserve and
hold the Lessor and the said Premises forever free,clear and harmless from liens for labor
and materials furnished.
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b. Cost of Repairs to Premises. Except as set forth herein to the contrary, Lessee shall be
responsible for the cost of all repairs, maintenance and replacement (where applicable) of all
leasehold improvements and all fixtures described in Section 6.c,and all the Equipment owned by
Lessor and leased to Lessee hereunder.
Lessor shall be responsible for all maintenance and repair costs for plumbing, electrical
and structural within and to the building where the Premises are located.
C. Fixtures and Equipment.Counters and sinks installed on the Premise are fixtures and will
remain with the Premises upon termination of this Lease. The parties agree that all seating and
shelving within in the eating area commonly known as the Chukar Den and all tables, chairs,and
seating in the entry hall of the Chukar Den belong to Lessor.
The Equipment which is the property of Lessor and leased to Lessee hereunder shall not
be removed from the Premises for any reason without the prior written approval by Lessor and
upon termination of this Lease Agreement,shaII remain the property of Lessor.Lessee shall clean
and reasonably maintain all the Equipment in good working order.The Cost of any required repairs
to the Equipment shall be shared equally between Lessor and Lessee. Any repairs must be
preapproved by Lessor prior to incurring any repair costs. Lessee shall provide written notice to
Lessor of any repairs for which preapproval is sought("Repair Preapproval Notice").Lessor shall
have seven(7)days from the date such Repair Preapproval Notice is received to respond to Lessee's
request for preapproval of the repair costs which are set forth in the Repair Preapproval Notice. In
the event Lessor fails to respond to the Repair Preapproval Notice within the seven(7)day period
provided herein,Lessor shall be deemed to have provided preapproval of the repair costs set forth
in the Repair Preapproval Notice.Failure of Lessee to obtain preapproval from Lessor as provided
herein prior to incurring any repair costs to the Equipment shall result in Lessee bearing sole ,
responsibility for the repair costs. Lessor shall not be required to replace any Equipment deemed
un-operational. For purposes of this Section, the term "un-operational" shall include a situation `
where any repair costs would exceed the value of the Equipment requiring repair or replacement.
7. RIGHT TO REDECORATE. Lessee shall have the right from time to time to decorate and
redecorate the Premises, at Lessee's sole expense, all of which shall be done in a good and
workmanlike manner, and with the prior written consent and approval of Lessor, not to be
unreasonably withheld. Lessor shall have no duty or responsibility in connection with said
decoration.
8. SPECIAL PROVISIONS RELATED TO OPERATION OF THE PREMISES.
a. Hours of Operation. Lessee agrees to open for operation to the public at a minimum of
thirty(30)minutes prior to the onset of the first class of the day through the conclusion of the last
of the day or 5:00 p.m., whichever is earlier. Modification of hours of operation shall be upon
mutual agreement of the Lessor and Lessee.Nothing in this Section shall require Lessee to operate
business on weekends(Saturday and Sunday)or holidays in which Lessor is closed.
b. Employee Standards. Service should be timely,attentive and friendly.Food and beverage
orders will be taken promptly and in a friendly and courteous manner. Lessee is to recruit,train,
supervise, direct and deploy the optimum number of employees to match the work requirements,
as determined by Lessee. Employees must portray a positive image to College patrons. Clothing
should be appropriate for the work site, should meet safety and health concerns,and should reflect
favorably on the College's and Lessor's image.
C. Food Quali, and Operational Costs. Lessee will make efforts to ensure that only the
highest quality of food is sold. Except as specifically set forth herein, Lessee shall be solely
responsible for all costs of operation of the business operating at the Premises including, but not
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limited to marketing,food cost,laundry,products and public liability insurance,janitorial supplies
and office supplies.Lessee hereby agrees to hold Lessor harmless from any and all losses realized
as a result of its operations at the Premises
d. Deliveries. Deliveries must coincide with general Lessor practices and procedures and
must not conflict or disturb the Lessor,
e. Signage and Hallway Tables.Lessee shall pay for any signage located on the wall next to
the Premises' entry door with location,design,and size of such signage and menu boards subject
to Lessor's approval. Signage and menu boards are subject to Lessor's approval. In addition, any
tables, chairs, garbage cans, or other like items utilized by Lessee in the hallway immediately
outside the Premises,shall be at Lessee's sole cost and approved by the Lessor.
£ Clean and Sanitary Condition. Lessee shall keep the Premises in clean and sanitary
condition. Lessee will provide adequate receptacles for trash and recycling and ensure that
receptacles do not become overfilled during public hours. Lessee shall not allow boxes, cartons,
barrels, or other similar items to remain in view of public areas. Lessee shall be responsible for
cleaning the Ieased Premises and surrounding areas, including the outdoor seating area, impacted
by the operations. Lessee's obligations hereunder shall also include cleaning of any prep
equipment/surfaces,immediate clean-up of spillages,regular cleaning of refrigerators and freezers
and hoods and filters.Lessor shall not provide any janitorial services to the Premises.
g. Compliance. Lessee shall comply with all federal, state and local rules and regulations
applicable to food preparation areas,dining facilities and the service of food therein.
h. In addition to the obligations specifically set forth in this Section, Lessee, its agents,
employees and contractors shall,at all times,comply with the policies and procedures of Treasure
Valley Community College, as they may be revised from time to time. Lessor shall utilize
reasonable efforts to directly alert Lessee of revisions to policies and procedures directly impact
Lessee's operations at the Premises. Notwithstanding the foregoing, it shall be Lessee's sole
responsibility to ensure compliance with the policies and procedures of Treasure Valley
Community College including any revisions thereto. The policies and procedures of Lessor are
published on the Lessor's website: http://www.tvec.cc/about/board/i)olicics.cfm. Lessee shall be
responsible for ensuring compliance by its employees and agents with the Lessor's policies.
i. No partnership or employee-employer relationship is intended to be created as a result of i
this Agreement. Lessee shall be an independent contractor and the services provided hereunder by
Lessee and its employees are not employees of Lessor.Neither Lessee or any of its employees will
hold itself/themselves out as or claim to be employees of Lessor, nor will any of them claim any
right, privilege, or benefit that accrues to the,employees or agents of Lessor. The conduct and
control of the services performed under this Agreement will be solely the responsibility of Lessee.
,j. Lessee and any subcontractors of Lessee shall be, responsible for providing Workers'
Compensation Insurance pursuant to I.C.§72-102 to any and all subject workers employed by them.
Such employees shall not be considered employees ofLessor and shalI receive no benefits provided
to employees of Lessor.
9. PEACEFUL POSSESSION.Except as provided in paragraph 11,as long as Lessee pays the rent
and performs the covenants and agreements herein contained and to be performed, Lessee shall
peacefully and quietly have,hold and enjoy the Premises for the term aforesaid.Lessee expressly
authorizes Lessor to enter the Premises during normal business hours.
10. UTILITIES.Lessor shall be solely responsible for utility charges as they become due, including,
but not limited to,those of sewer, water,gas,electric and local telephone service.Lessee shall be
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responsible for any all other utilities required to operate its business at the Premises.
11, DESTRUCTION OF PREMISES.
a. If during the term of this Lease the Premises or the improvements thereupon shall be
injured or destroyed by fire or other unavoidable casualty or rendered untenantable by a public
authority without the failure of Lessor,so as to render the premises unfit for occupancy,or to such
an extent that the Premises cannot be repaired with reasonable diligence, within sixty (60) days
from the happening of such injury,or act,then the Lessor may terminate this Lease as of the date
of such damage,act or destruction and the Lessee shall immediately surrender the Premises and all
interest therein to the Lessor, and the Lessee shall pay rent only to the time of the destructive act
or injury.
b. If the Premises can be restored within sixty(60) days from the happening of such injury
thereto and the Lessor within fifteen(15)days from the occurrence elects in writing to repair and
restore said Premises within the sixty(60)days from the happening of the injury thereto,then this
Lease shall not end or terminate, but the rent shall not run or accrue after injury and during the
process of repairs, except only that the Lessee shall during such time pay a pro-rated portion of
such rent apportioned to that portion of the Premises which are in condition for occupancy or which
may actually be occupied during such repairing periods.
C. If, however, the Premises shall be so slightly injured by any cause aforesaid as not to be
rendered unfit for occupancy, then the Lessor shall repair the same with reasonable promptness,
and in that case,the rent shall not cease or be abated during such repairing.
d. All equipment, appliances, fixtures, improvements, or betterments placed by the Lessee
on the Premises which shall be damaged or destroyed in any of the events aforementioned,shall be
repaired and replaced by the Lessee at its sole expense and not at the expense of the Lessor.Except t
as herein set forth,Lessor shall not be held to account for any damages to Lessee attributable to the
acts or omissions of Lessor providing, however, Lessee shall immediately report any failure or
defect to Lessor who shall repair or correct such defects with reasonable diligence.
12. ASSIGNMENT AND SUBLEASE; CHANGES IN FORM OF LESSEE: Lessee may not
assign or sublease all or any portion of this Lease without the prior written consent of the Lessor
F
which it may give or withhold in its sole discretion. Lessee may not add a partner or additional
owner,or change Lessee's legal form(such as,for example, into a corporation, or limited liability
company)without the prior written consent of the Lessor,which it may give or withhold in its sole
discretion.
13. BREACH OR DEFAULT/NON-WAIVER:Notwithstanding the rights to terminate as provided
above, if the Premises shall be deserted or vacated,or if proceedings are commenced against the
Lessee in any Court under bankruptcy,or for the appointment of a trustee or receiver of the Lessee's
property either before or after the commencement of the leased term,or there shall be a default in
the payment of any rent or any part thereof for more than ten(10)days,or if there shall be a default
in the performance of any covenant,agreement,term,condition,rule or regulation contained herein,
or hereafter established on the part of the Lessee for more than fifteen(15)days(only ten(I0)days
in the case of nonpayment of rent)after written notice of such default by the Lessor,then Lessor,
without further notice to Lessee,shall have,consistent with applicable law,any one or more of the
following remedies at Lessor's election:
a. Lessor shall have the immediate right to terminate and cancel Lessee's rights under this
Lease and re-enter,recover and resume possession of the Premises.Lessee shall yield up quiet and
peaceful possession to Lessor and Lessee shall forfeit their rights under this Lease.
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b. Lessor may continue to assert the validity of the Lease, take possession of the Premises
pursuant to applicable Iaw, (including unlawful detainer or action for possession), and re-Iet the
Premises, or any part thereof, for such term or terms, (which may be for a term extending beyond
the term of this Lease),at such rent and upon such terms and conditions as Lessor may, in its sole
discretion, deem advisable, provided Lessor agrees to proceed in a commercially reasonable
manner in re-letting the Premises.Upon such re-letting,Lessee shall immediately be liable to pay
to Lessor the reasonable costs and expenses of such re-Ietting, (including reasonable agents' or
brokers'commissions and attorney's fees for the new lease)and the reasonable costs and expenses
of any alterations or repairs required to be made to the Premises to make it rentable. In addition,
the Lessee shall be liable to pay to Lessor the amount, if any, by which the rental required to be
paid by Lessee in this Lease for the period of such re-letting(up to,but not beyond,the term of this
Lease)exceeds the amount agreed to be paid by the new lessee as rent for the leased Premises for
such period of re-letting. If Lessor cannot re-let the Premises for the entire balance of Lessee's
term, Lessee shall be liable to pay Lessor for the balance of the rental required by this Lease.No
such termination, unlawful detainer action, re-entry or taking of possession of the Premises by
Lessor shall be construed as an election on their part to terminate Lessee's other obligations under
this Lease unless a written notice of such intention is given to Lessee.
No waiver of any breach of any agreement, term, covenant, or condition of this Lease shall be
construed to be a waiver of any preceding or succeeding breach of the same or any other agreement,
term,condition or covenant.
14. KEY AGREEMENT,ACCESS.
a. Lessee shall have keys to the front door of the College and keys to the Premises,but will
not have keys to access the rest of the College.
b. Lessee may have access to the Premises at all times.In connection with Lessee's business,
Lessee shall have the duty of keeping the entry to the College secure during such times Lessee is
not open for operation.
C. Lessee will permit the Lessor at all reasonable times to enter the Premises to inspect its
condition and, at Lessor's election to make reasonable and necessary repairs thereon for the
protection and for the preservation of the Lessor's building;and personal property, also the Lessor
shall have the right to enter upon the Premises to ascertain its condition or to ascertain the
performance or nonperformance of any of the covenants of this Lease or to show the Premises to
persons who may wish to rent the same after the expiration of this Lease.
15. MORTGAGE SUBORDINATION; LIENS.This Lease shall be subject and subordinate at all
times to the lien of existing security agreements, mortgages, trust indentures, and of security
agreements, mortgages or trust indentures which hereafter may be made a lien upon the real
property upon which the College is located.No act of the Lessee shall be necessary to effectuate
such subordinating„ however, the Lessee will, nevertheless, execute and deliver such further
instruments,subordinating this Lease to the lien of any such security agreement,mortgage or trust 1,
indenture as may be desired by the secured party therein.Lessee hereby appoints Lessor attorney- i
in-fact,irrevocable,to execute and deliver any such instruments for Lessee.
Lessee shall allow no lien to be placed upon the building upon which the leased Premises are
located,and shall indemnify and hold Lessor harmless in connection therewith.
16. INDEMNIFICATION/ INSURANCE. Without limiting any of the Lessee's obligations
hereunder and to the fullest extent permitted by law,Lessee agrees to defend,indemnify,and hold
the Lessor and the officers, employees, and agents of all three entities harmless against claims,
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demands,suits,damages,losses,and expenses connected therewith that may be asserted or claimed
against, recovered from or suffered by the Lessor and the officers, employees, and agents of all
three by reason of any injury or loss,including but not limited to,personal injury, including bodily
injury or death,property damage,occasioned by,growing out of,or in any way arising or resulting
from any intentional or negligent act or caused by the willful misconduct of Lessee or Lessee's
agents or employees or agents.
For this purpose and independent of the above,Lessee shall provide Lessor with proof of Lessee's
liability insurance issued by a reliable company or companies authorized to do business in Idaho
for personal injury and property damage in amounts not less than as follows;
• Workers'Compensation-statutory;
• Commercial General Liability-$1,000,000 per occurrence;$2,000,000 annual aggregate.
The Lessor and its officers, employees, and agents shall be included or named as an additional or
named insured on the Commercial General Liability policies.Evidence of the above insurance and
named insured must be in a form suitable to Lessor and shall be delivered to the Dean of Outreach
and the Vice President of Administrative Services of Treasure Valley Community College.Lessor
shall be provided reasonable notice not less than thirty(30)days prior to any cancellation of said
policy. Failure of Lessee to maintain insurance as required herein shall be a breach of this Lease
and shall entitle Lessor to immediately terminate this Lease without notice.
17. SURRENDER UPON TERMINATION.
a. Lessee, upon leaving the Premises, shall at its own expense repair any damage (not ,
including normal wear and tear) occasioned by Lessee's occupancy and remove all dirt,rubbish s
and refuge, and upon the Lessee's failure to do so,the Lessor may immediately, without further
notice,do so at the Lessee's expense,which the Lessee shall immediately pay upon receipt of a bill
for the same from the Lessor.
b. Lessee agrees to return the Premises peacefully and promptly to the Lessor at the end of
term of this Lease,or at any previous termination in as good condition as the same are in or hereafter
put in,ordinary wear excepted.
C. Subject to Lessor's discretion provided for in Paragraph 6,Lessee shall remove all of its
property so that Lessor can repossess and enjoy the Premises not later than noon on the day upon
which the Lease ends,whether upon notice or by holdover or otherwise.Lessor shall have the same
right to enforce this covenant by ejectment for damages. Lessee may at any time before or upon
termination of this Lease remove from the leased property all equipment,property and fixtures as
installed by Lessee provided such property is moved without substantial injury of the Premises.
Any such property not removed shall become the property of the Lessor.Any injury not repaired
may be corrected by Lessor, and Lessee shall promptly reimburse Lessor upon receipt of its i
statement therefore.
I
18. RESERVED.
19. HOLDING OVER.If Lessee shall remain in possession of the Premises after the expiration of the
term of this Lease,Lessee shall become a tenant from month-to-month on the terms specified in
this Lease,except that the monthly base rental shall be double the rent for the previous term.Lessee
shall continue to be a month-to-month tenant until the tenancy shall be terminated by Lessor, or
until Lessee has given to Lessor a written notice at least one month prior to the date of termination
of the monthly tenancy of Lessee's intention to terminate the tenancy. ;
20. NOTICE.
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a. All notices, demands, or other writings in this Lease Agreement provided to be given or
made or sent,or which may be given or made or sent,by either party to the other,shall be deemed
to have been fully given or made or sent when made in writing and deposited in the United States
mail,certified and postage prepaid,and addressed as follows:
To Lessor: Treasure Valley Community College
Attn:Timothy Rosandick
205 South 61 Avenue
Caldwell,M 83605
To Lessee: Creekside Coffee,LLC
205 South 61 Avenue
Caldwell,ID 83605
b. The address to which any notice, demand,or other writing may be given or made or sent
to any party as above provided may be changed by written notice given by such party as provided.
C. Lessee shall provide Lessor with a contact Iist to include at least one person that can be
reached in the event of an emergency or for any occasion when Lessee is out of town or otherwise
unavailable. Such list will be kept current and updated as necessary.
d. NONDISCRIMINATION. The Lessee will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws,
regulations, and contracts.The Lessee will not refuse employment to a person, bar a person from
employment,or discriminate against a person in compensation or in a term,condition,or privilege
of employment or a customer or patron of the Premises because of race, color, religion, creed, ,
political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity,physical or mental disability,except when the reasonable demands of the position
require an age,physical or mental disability,marital status or sex distinction.
21. SUCCESSORS IN INTEREST.The covenants,agreements and all statements in this Lease apply
to and shall be binding on the heirs,personal representatives,successors and assigns of the parties.
22. TIME OF ESSENCE:Time is of the essence of this Lease with respect to the performance by the +
Lessee of its obligations thereunder.
23. ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the parties, Any
prior understanding or representation of any kind preceding the date of this Lease are hereby
integrated into and superseded by the terms of this Lease.This Lease is the result of a request for
proposals issued by Lessor and a proposal submitted by Lessee both of which are incorporated
herein by this reference.It is the intent of the parties that Lessee will perform the services described
in both the request for proposals and Lessee's proposal and that any material failure to perform
such services or to comply with any other provision of this Lease will be grounds for termination
of this Lease by Lessor. Should any inconsistency exist between the request for proposals and
Lessee's proposal submitted in response and this Lease, the parties agree that this Lease shall
control.
24. MODIFICATION OF AGREEMENT: Any modification of this Lease or additional obligation
assumed by either party in connection with this Lease shall be binding only if evidenced in a writing
signed by each party or an authorized representative of each party.
25. ATTORNEY'S FEES: In any legal action brought by either party to enforce any of the terms of
the Lease, the prevailing party shall be entitled to all costs and expenses incurred in connection
with such action. Any and all legal action brought under this Lease or related to this agreement
Wum nOM TAT"W Page 8-LEASE AGREEMENT(Chukar lien Coffee Shop Services)
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must be brought in Malheur County,Oregon.
26. PARAGRAPH HEADINGS:The paragraph headings in this instrument are for convenience only,
and do not limit or construe the contents of any paragraphs.
27. BINDING EFI,ECT:This Agreement shall be binding upon and inure to the benefit of the heirs,
successors,administrators and assigns of the parties hereto.
IN WITNESS WHEREOF,dated effective as first above written:
LANDLORD: Treasure Valley Community College
By: Kevin K' baIl, Vice Pre 'd nt of
Administrative S ices
TENANT: C eek d Coffee, LC
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Janelle Wool ,Owner
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EXHIBIT A
a 1 soda vender
0 1 ice machine
• 1 small oven
• 3 tables
0 20 chairs
• 2 commercial drip coffee machines
• 1 commercial espresso machine
• 2 bean grinders
• 1 commercial blender
• 2 large freezers
• 1 large double door fridge
• 4 small refrigerators
• 1 small freezer
a 1 phone with extension 6866 (208-455-6866)
0 1 cash register
• 1 toaster
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