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HomeMy WebLinkAboutURA RES 2020-47 RESOLUTION NO. A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY AUTHORIZES THE EXECUTION OF THE REAL ESTATE LEASE AGREEMENT WITH MELISSA CHANDLER FOR PROPERTY KNOWN AS 217 SOUTH KIMBALL AVENUE COMMENCING JANUARY 1, 2021. The said lease shall automatically renew for successive one-month terms 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 Melissa Chandler made part hereof as set forth in full. PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this 141h, day of December, 2 2O, APPROVED BY THE CALDWELL URBAN RENEWAL AGENCY this 14", day of December, 2020, APPROVED: 04AIRM'AN WYRT M. HOPPER ATTEST: Itp Q., I I kA It URA SECRETARY A 04 #86006 CALDWELL, URBAN RENEWAL AGENCY RESOLUTION NO. REAL ESTATE LEASE AGREEMENT This AGREEMENT is entered into on December 14,2020,by and 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 Melissa Chandler, of Salon Bel Cheveux by Mc & Co LLC (herein referred to as the" LESSEE"). FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, AND THE PARTIES INTENDING TO 4BE LEGALLY BOUND HEREBY, the LESSOR does hereby let, and the LESSEE does hereby lease, the following real property, consisting of approximately eight hundred and twenty-five (825) square feet, more specifically described as follows: SEE EXHIBIT A, ATTACHED HERETO AND INCORPORATED BY THIS REFERENCE AS IF SET FORTH•1N FULL pursuant to the terms and conditions contained herein. 1. TERM: The lease entered into by this Agreement shall be a month-to-mon h tenancy, the first month commencing on January I,2021, and terminating on January 31, 2021. ' 2. RENEWAL: The lease shall automatically renew for additional one-month terms on the-first day of the then-current month. Therefore, on January 1, 2021, the Lease shall automatically renewal for an additional one-month term commencing on February 1, 2021, and terminating on February 28, 202i. On February 1, 202.1, the Lease shall automatically renew for an additional one-month term commencing on March 1, 2021 and terminating on March 31,2021. The foregoing renewal sequence shall continue until terminated pursuant to the terms of this Agreement. The foregoing description of the renewal sequence shall not supersede those other provisions of the lease related to the termination of the lease. Either party may cancel any subsequent renewal period or periods by providing-written notice to the other party, prior to'the date upon which such renewal would occur. The effect of such notice shall be that no further automatic renewals shall become effective for, or in, any subsequent month or months, and the rights of LESSEE under this Agreement shall terminate on the final day of the then-vested term. LESSEE's failure to vacate the premises as'required by this section shall give LESSOR all rights and remedies applicable to uncured breaches of this Agreement. 3. RENT: LESSEE:"nail pay LESSOR rent for the premises in monthly installments of five-hundred and fifty dollars-($5 50) due and payable by the 5"' day of each month, beginning January P, 2021. 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 streetlights),property taxes,and irrigation assessments. LESSEE agrees to pay utility bills for electricity. 5. 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 on 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 LEASE AGREEMENT-PAGE 2 on their personal property, and hereby releases and forever discharges LESSOR of and from any liability for damage or fixture damage to the personal property of LESSEE while on the leased premises. 6. WARRANTIES: There are no warranties by LESSOR, and LESSEE,in executing this lease, is relying upon her own judgment, information, and inspection of the property. Property is leased on an "as is" basis and LESSOR has no obligation to maintain, repair, or upgrade the building in whole for in part. LESSEE accepts. the property in an "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 ma&to the structure by LESSEE without first presenting a plan of alterations,additions orilimprovements to LESSOR, and subject to written consent of LESSOR. All alterations, additions, or improvements made by LESSEE.. shall become the property of LESSOR and shall be surrendered with the premises at termination of this lease. Signs may be placed on the property as set forth by ordinance and approved by the City of Caldwell, Planning &Zoning Department. Signs shall not become the property of LESSOR,and LESSEE shall remove her signs at the termination of this Agreement. S. 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 Lessee will have access to the leased premises at all times. LESSEE agrees to abide by all policies issued by LESSOR 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 her agents, employees, or invitees, 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, unless terminated as provided in this Agreement. 10. INDEMNIFICATION: 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 il udgments for damages or injury to persons or property arising out of or in connection with the acts and/or performance 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, rules, or regulations. 12. TIME OF THE ESSENCE AND DEFAULT: Time is of the essence in 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 its 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 upon 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. LEASE AGREEMENT—PAGE 3 14. USED OF PROPERTY: LESSEE will use the property as a beaty 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 LESSEE's use lof 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 jof this lease, or to enforce forfeiture or default, or to collect 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 Iaw. In addition, LESSEE agrees to pay the sum of two hundred dollars ($200) for costs and attorney fees for each notice of default served upon LESSEE by LESSOR. I 1S. SERVICES OF NOTICE: Any notice may be served upon LESSOR by certified mail to LESSOR at Caldwell Urban Ren wal Agency, 411 Blaine Street, Caldwell, Idaho 83605, and any notice may be served upon LESSEE by cedtif ed mail to LESSEE at the address noted hereinabove. Service of 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 of more of the provisions contained in this agreement, or any application thereof, shall be invalid, illegal or unenforceable in any respectf 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 short-term lease agreement is not a lease "for redevelopment," as that term is used in Idaho Code § 50-20114. 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. i C signatures on folloiving page LEASE AGREEMENT—PAGE 4 DATED this 14'h day of December, 2,020. LESSEE Mel�tisaa Chan r { LESSOR(CA.LD ELL URBAN RENEWAL A,GEN Y oh Hopper, C an A'ITE "T" , Secre •+�aaa�rr LEASE AGREEMENT'--PAGE 5 ,acorro� CERTIFICATE OF LIABILITY INSURANCE ➢arE(MMIDo,YYYY) 1210112020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW:THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. f IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ruthann HumphreyE Allegis Casualty PHONE JAC,No Egit 208 475-1920 I FArA'c`No: 16132 N High Desert St.,Ste 120 EOMDAILSS- ruthann.humphrey@allegiscasualty.com NAMPA,ID 83687 INSURERS AFFORDING COVERAGE NAICC INSURERA: Auto Owners Insurance Company INSURED SBC MC&CO INSURER B: DBA SALON BEL CHEVEUX INSURERC: 6137 H JERICHO RD INSURERD: MERIDIAN,ID 83646 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: 95962382-6036 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE.POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED-OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I 1I-7p TYPE OF INSURANCE ADOLSUS POLICYNUMBER MM1DDYEFF MMMDYEXP fYYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY 67133282 01/01/2020 0110112021 EACH OCCURRENCE $ 1,000,000 X CLASMS-MADE OCCUR PR M SES AGE ToEa occurrence $ ` 300RENTED 000 MED EXP(Any one person) $ 10,000 PERSONAL&AOVINJURY S. 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY 0 PRO- JECT 17 LCC PRO➢UCTSLCOMPIOPAGG S 2,000,000 OTHER; 1 $ AUTOMOBILE LABILITY -COMEINED SINGLELIMIT $ Ea acudenl ANYAUTO BODILY INJURY(Perperson) S OWNED SCHEDULED BODILY INJURY Perancident $ AUTOS ONLY AUTOS ( } HIRE❑ NON"NED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY er accident $ S UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ ❑ED I I RF7ENTICN$ $ ' WORKERS COMPENSATION PER OTH YIN - AND EMPLOYERS'LIABILITY S TU E ER ANY PRCPRIETOR+PARTNERIEXECLmVE E.L.EACH ACCIDENT $ OFFICERMEMSER EXCLLDED7 ❑ NIA (Mandatory in NH) E.L.DISEASE-PA EMPLOYE $ If yes,describe under i DESCRIPTION OF OPERATICNS below I E.L.DISEASE-POLICY LIMIT $ _ t: DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached if more space is required) j CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN FOR REFERENCE ACCORDANCE WITH THE POLICY PROVISIONS. 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