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Home My WebLink AboutURA RES 2020-13RESOLUTION NO. `ZD ZO — 13 A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY AUTHORIZING THE EXECUTION OF THE MONTH-TO-MONTH REAL ESTATE LEASE AGREEMENT WITH RODOLSO ROSAS FOR THE PROPERTY KNOWN AS 312 S. KIMBALL, CALDWELL, ID 83605 EFFECTIVE APRIL 1sT, 2020. WHEREAS, the Caldwell Urban Renewal Agency wishes to enter into the REAL ESTATE LEASE AGREEMENT attached hereto as Exhibit A. BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency that the Agency is authorized to execute the REAL ESTATE LEASE AGREEMENT with Rodolso Rosas, attached hereto as Exhibit A. PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this 13`h, day of April, 2020. APPROVED BY THE CALDWELL URBAN RENEWAL AGENCY this 13s', day of April, 2020. ATTEST; SECRETARY IF'�w"'''�,�,r R ColtPo*�` p tor) =a y�,ti 0*4 0 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 (hereinafter referred to as "Lessor") and Rodolso Rosas, whose address is 2520 Powderhom Drive, Caldwell, ID 83605 (hereinafter referred to as "Lessee"). Lessee hereby agrees to lease from Lessor the premises situated in the City of Caldwell, County of Canyon, State of Idaho, described as 312 S. Kimball, Caldwell, ID 83605, (hereinafter, the "Premises"), upon the following TERMS and CONDITIONS: TERM AND RENT. Lessor agrees to let the Premises on a month to month basis, commencing upon April 1, 2020, at the rate of nine hundred dollars ($900.00) per month, paid in advance on the first calendar day of each month. All rental payments shall be made to Lessor at the address specified above. Rent shall be paid after the first day of the month but no later than the fifth day of the month is not subject to a late fee. Rent paid after the fifth of the month shall be subject to a twenty-five dollar ($25.00) late for every day after the fifth day in which rent is not paid. 2. USE. Lessee shall use and occupy the premises for the sole purpose of a bakery. The premises shall be used for no other purpose without the written consent of the Lessor. 3. CARE AND MAINTENANCE. Lessee acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at his own expense and at all times maintain the premises in good and safe condition, including but not limited to all windows, doors, electrical wiring, plumbing and heating installation and any other system or equipment upon the premises and shall surrender the same, at termination hereof, in as a good a condition as received, normal wear and tear excepted. Lessee shall be responsible for all repairs required, excepting the roof, exterior walls, and structural foundations. Lessee shall maintain in good condition such portions adjacent to the premises, such as sidewalks, driveways, lawns and shrubbery, which would otherwise by required to be maintained by Lessor. Lessor hereby waives, and Lessee hereby acknowledges the waiver of, any and all expressed or implied warrants related to the Premises and its fitness or usability for any particular purpose, except for the obligation to maintain the roof, exterior walls, and structural foundations of the premises. 4. ALTERATIONS. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, or improvements, in, to or about the premises. This requirement shall not release Lessee of undertaking those maintenance and replacement obligations of Lessee, as listed in Section 3 of this Lease. 5. KEYS. Lessee currently has keys to the Premises, and Lessor shall be under no obligation to provide Lessee with any keys, except that Lessor shall, at all times, maintain keys necessary to access all portions of the Premises and shall provide such keys to Lessee for the purpose of making additional copies in the event Lessee needs to replace any keys they have lost. In the event Lessor does not currently have copies of all keys needed to access all portions of the premises, Lessee shall provide copies of all keys to Lessor within thirty (30) days of the effective date of this Lease. 6. ORDINANCES AND STATUTES. Lessee shall comply with all statutes, ordinances, and requirements of all municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee. 7. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor. Any such assignment or subletting without consent shall be void. 8. UTILITES. The parties agree that Lessor shall pay all utilities, taxes, and assessments due for the premises. 9. ENTRY AND INSPECTION. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable notice for the purpose of inspecting the same, and will permit Lessor at any time during the final month of the lease to place upon the premises any usual "For Rent" or "For Lease" signs, and permit persons desiring to lease the unit to inspect the premises thereafter. 10. POSSESSION. If Lessor is unable to deliver possession of the premises at any time during the term of this lease for any reason outside of the reasonable control of the Lessor, Lessor shall not be liable for any damage caused thereby. 11. INDEMNIFICATION OF LESSOR. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the Premises or any part or portion thereof, and Lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused, and shall indemnify and defend Lessor against any such claims made by any of Lessee's agents, employees, invitees, clients, and any third parties. 12. INSURANCE. Lessee, at her expense, shall maintain liability insurance, including coverage for bodily injury and property damage, with Lessor named as an additional insured, in the amount of at least five hundred thousand dollars ($500,000). Lessee shall provide Lessor with a certificate of insurance showing Lessor as an additional insured. The certificate shall provide for a ten-day written notice to Lessor in the event of cancellation or material change of coverage. 13. DESTRUCTION OF PREMISES. In the event of a partial destruction of the premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within ninety (90) days, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionated reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. In the event Lessor has not made the repairs within ninety (90) days, Lessee may terminate the lease. 14. LESSOR'S REMEDIES IN DEFAULT. If Lessee defaults in the payment of rent or any additional charges, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and request Lessee cure any such default within five (5) days, after the giving of the notice. If Lessee does not cure such default, Lessor may terminate this lease with not less than seven (7) days written notice. Upon such termination, all rights of Lessee under this agreement shall immediately terminate, and Lessor, at its option and in addition to all other legal and equitable remedies, may re-enter and repossess the Premises. 15. ATTORNEY'S FEES. In the event Lessor secures legal services to secure recovery of the premises or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 16. WAIVER. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver of that term, or of any other term. 17. NOTICES. Any notice which either party may or is required to give, shall be given by mailing the same via postage paid and certified mail, to the Lessee at the Premises, or the Lessor at the address provided herein, or at such other places as may be designated by the parties from time -to -time. 18. HEIRS, ASSIGNS, SUCCESSORS. This lease is binding upon and inures to the benefit of the heirs, assigns, and successors in interest of the parties. 19. TIME IS OF THE ESSENCE AND SEVERABILITY. Time is of the essence in this Lease. If any provision of this Lease is shall be held invalid by a court of competent jurisdiction, said invalidity shall not affect the remaining provisions of this Lease, which shall continue to be effective and shall be read to carry out the original intent of the parties. 20. RENEWAL. Provided that the Lease is not in default, it shall automatically renew on the I" of each month for the subsequent month, i.e., on the 1 S` of June, this Lease shall be renewed through the 31't of July. Either party may terminate this lease following then -current last renewed month by providing the other party with written notice of the same. The consequence of the foregoing is that in no event shall this lease be terminated by either party without thirty (30) days prior written notice of the intent to terminate this Lease. 21. ENTIRE AGREEMENT. This document constitutes the entire agreement of the parties and may be modified only by a writing, signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties' execution hereof. The Effective Date of this Lease is April Is', 2020. LESSEE RODOLSO ROSAS �z I Z, -,k By: Rodolso Rosas 2520 Powderhom Drive Caldwell, ID 83605 LESSOR CALDWELL URBAN RENEWAL ^{ OF T;;>.,, r.•" "•• �ry'+� Secretary T 00 n SEAL