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Home My WebLink AboutURA RES 2019-27 RESOLUTION NO. 209,2. A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY AUTHORIZES THE EXECUTION OF THE REAL ESTATE LEASE AGREEMENT WITH CINDY WEITZ PROPERTY KNOWN AS 217 SOUTH KIMBALL AVENUE COMMENCING OCTOBER 1,2019 AND TERMINATING ON DECEMBER 31,2019. WHERAS,the said lease shall automatically renew for successive one month terms ending December 31, 2020, as identified in the Real Estate Lease Agreement. BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency authorizing the execution of the Real Estate Lease Agreement with Cindy Weitz made part hereof as set forth in full. PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this 151h, day of October, 2019. APPROVED BY THE CALDWELL URBAN RENEWAL AGENCY this 151h day of October, 2019. E Cli F° I AIRMAN ATTEST: 00. o�ZxECipy •««, D R A �OQ SECRETARY ''.,`''�, '• .....+' �,�®„ i CALDWELL URBAN RENEWAL AGENCY RESOLUTION NO. ` FIECEMED BY C 1 2019 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 Cindy Weitz and Meagan Weitz,jointly, of Painted Lady Salon (herein referred to collectively as the"LESSEES"); WITNESSETH: LESSOR leases and rents to LESSEES, and LESSEES lease and rent from LESSOR, that certain portion of real property located at 217 S. Kimball Avenue, Caldwell, Idaho, comprising approximately 1,310 square feet, as shown on Exhibit A, attached hereto and made a part hereof by this reference. 1. TERM: The term of the lease is for a period of three (3)months commencing on October l't, 2019, and terminating on December 31, 2019 under the following terms and conditions: 2. EXTENSION: Following the termination date of December 31, 2019, this lease shall automatically renew for successive one (1) month terms, subject to all provisions of this Agreement, for up to a total of twelve (12) additional terms, the final such one (1) month term ending on December 31, 2020. During any automatic renewal term, either LESSEES or LESSOR may provide written thirty (30) day notice to the other party that the Agreement shall not renew for any additional renewal terms. The one (1) month term in existence thirty (30) days from delivery of said notice shall be the final renewal term, and this Agreement shall end upon the completion of said term. 3. RENT: LESSEES agree to pay LESSOR rent for the premises in monthly installments of$875.00 per month, due and payable by the 5til day of each month,beginning October 5'11,2019. 4. 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. LESSEES agree to pay utility bills for electricity. 5. PROPERTY OF LESSEES/INSURANCE: LESSEES agree that all property of every kind and description kept, stored, or placed in or on the premises shall be at LESSEES' 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. LESSEES agree to provide property insurance on their REAL ESTATE, LEASE AGREEMENT—PAGE 1 personal property, and hereby release and forever discharge LESSOR of and from any liability for damage or future damage to the personal property of LESSEES while on the leased premises. 6. WARRANTIES: There are no warranties by LESSOR, and LESSEES, in executing this lease, are relying upon their 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. LESSEES accept the property in "As Is" condition, and LESSOR disclaims any and all warranties, whether express or implied. 7. ALTERATIONS AND IMPROVEMENTS:No alterations,additions or improvements shall be made to the structure by LESSEES 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 LESSEES 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. While LESSEES will have access to the leased premises at all times. LESSEES agree 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 LESSEES or their agents, employees, or invitees, in which case LESSEES shall promptly restore and repair the premises. Either party may make use of any applicable insurance, including without limitation the insurance LESSEES are 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 LESSEES shall be adjusted by the percentage of loss as determined by leased square footage before and after the damage, unless terminated as provided above. 10. INDEMNIFICATION: LESSEES agree 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 LESSEES, LESSEES' agents, employees, or representatives under this agreement. 11. HAZARDOUS WASTE: LESSEES agree 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 in this agreement. If LESSEES default in any of the terms of this agreement for a period of ten (10) days after written REAL ESTATE LEASE AGREEMENT-PAGE 2 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 LESSEES 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: LESSEES shall not assign this lease nor sublet the whole or any part thereof without the written consent of LESSOR. 14. USE OF PROPERTY: LESSEES will use the property as a beauty salon and for the provision of 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 LESSEES' 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 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. 17. 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, LESSEES agree to pay the sum of$200.00 for costs and attorney fees for each notice of default served upon LESSEES by LESSOR. 18. 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 LESSEES by certified mail to LESSEES 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. 19. SEVERABILITY: 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. 20. LEASE 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, REAL ESTATE LEASE AGREEMENT-PAGE 3 and LESSEES continue to seek long term solutions for the permanent location of LESSEES' business activities. DATED this 14( day of October, 2019. LESSEES: Cindy Weitz;,, Meagan Weitz LESSOR: CALDWELL URBAN RENEWAL AGENCY V Chairman ATTEST: WITNESS: Secretary CURA (Signature Witness or Notary Public) �0040" OA, 00 (j 41p REAL ESTATE LEASE AGREEMENT-PAGE 4 : 217 Sop s Kimball Slab:M as Avenue 4 - �h � 1 M