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REAL ESTATE LEASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND RAMIROSE ATTEBURY, dba RANTS & RAVES BREWERY LLC REAL ESTATE LEASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND RAMIROSE ATTEBURY, dba RANTS & RA YES BREWERY LLC (hereinafter "Agreement"), is made this 2J.. day of 4 ~ , 2016 by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho 2 East Third Street Moscow Idaho 83843 (hereinafter "CITY") and Ramirose Attebury dba Rants & Raves Brewery LLC, 308 North Jackson Street, Moscow, Idaho, 83843 (hereinafter "LESSEE"); WITNESSETH: CITY leases and rents to LESSEE, and LESSEE leases and rents from CITY, the real property described on attached Exhibit for use exclusively as a nine stall parking lot for vehicle parking (hereinafter "the Leased Premises"). 1. TERM: The term of this Agreement is for a period of five years commencing on January 1, 2016 under the following terms and conditions of this Agreement. 2. RETAINED USE BY CITY: CITY currently utilizes the Leased Premises for a staging area on the occasion of parades which take place on Main Street in the City of Moscow. CITY retains the right to utilize the Leased Premises for such staging activities as necessary. When CITY intends to engage, or is engaging in such staging activities, CITY shall provide written notice to LESSEE and LESSEE shall remove any parked vehicles from the Leased Premises during such staging activities. The City would be liable for any damages caused by City's sole negligence during Retained Use. 3. RENT: LESSEE agrees to pay rent to CITY for the Leased Premises in the amount of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200) per year for each year this Agreement is in effect. Such rent shall be due and payable by the 10th day of January, each year this Lease Agreement is in effect. 4. TRIPLE NET AGREEMENT: The parties agree that this will be a fully net Agreement to CITY. In addition to the rent, LESSEE agrees to pay for all expenses attributed to the Leased Premises, including, but not limited to, replacement value, fire insurance, liability insurance, and all maintenance necessary to maintain the Leased Premises in as good condition as Leased Premises are in at the commencement of the term of this Agreement. 5. PREMISES OF LESSEE: LESSEE agrees to provide property insurance on the Leased Premises and hereby releases and discharges CITY of and from any liability for damage to the Leased Premises of LESSEE while on the Leased Premises. 6. WARRANTIES: There are no warranties by CITY, and LESSEE, in executing this Agreement, is relying upon its own judgment, information, and inspection of the Leased Premises. LEASE AGREEMENT - RANTS & RA YES AND CITY PAGE 1OF6 ---PAGE BREAK--- 7. CONFIGURATION OF LEASED PREMISES: The configuration of the Leased Premises shall be in conformance with Exhibit attached to this Agreement and incorporated herein by this reference as if fully set out herein. 8. MODIFICATIONS REQUIRED BY LESSEE: LESSEE, as a condition of this Agreement, shall make the following modifications at LESSEE's sole expense, prior to utilizing the Leased Premises: a. Relocate the street light (luminaire) located within the public parking area adjacent to the Leased Premises, from its current location to a location designated by CITY; and b. Install any parking striping required by CITY on the Leased Premises and public parking area adjacent to the Leased Premises, which is required for safe parking and travel movements within the Leased Premises as illustrated in Exhibit and c. Install one handicapped parking stall, meeting all City regulations and the Americans With Disabilities Act (ADA) requirements, upon the public parking area adjacent to the Leased Premises in the location illustrated in Exhibit including access to such handicapped parking stall which meets all City regulations and ADA requirements; and d. Install curb, curb drop, and sidewalk modifications adjacent to Jackson Street and the northerly entrance from Jackson Street into the Leased Premises and public parking area for handicapped access to and from the sidewalk located on the eastern side of Jackson Street to the Leased Premises, as illustrated in Exhibit attached to this Agreement and incorporated herein by this reference as if fully set out herein. Such curb, curb drop, and sidewalk modifications shall meet all City regulations and ADA requirements. Design of all of the foregoing modifications shall be approved by the City prior to installation by LESSEE. Other than the modifications contained previously in this section, except for signage designating parking uses and conditions, no temporary or permanent alterations, additions or improvements shall be made to the Leased Premises, nor shall any temporary or permanent sign or structure be placed upon the Leased Premises or public parking area by LESSEE without first obtaining the written consent of CITY. All alterations, additions or improvements made by LESSEE shall be the property of CITY and surrendered with the Leased Premises at termination of this Agreement. PROVIDED FURTHER that LESSEE shall protect all underground utilities on and adjacent to the Leased Premises, and shall obtain utility locate services prior to conducting any subsurface work, including excavations and/or installation of signs, etc. 9. CONDITION OF LEASED PREMISES: Lessee acknowledges and agrees that the Leased Premises is accepted "as is", without expectation of enhancements or rehabilitation by CITY. 10. MAINTENANCE: LESSEE shall maintain the Leased Premises in good condition and repair, preventing the accumulation of debris thereon. LESSEE shall further prevent hazardous and/or dangerous conditions to be present upon the Leased Premises. Routine maintenance of the Leased Premises is the sole responsibility of LESSEE. LEASE AGREEMENT - RANTS & RAVES AND CITY PAGE2 OF6 ---PAGE BREAK--- 11. ENTRY BY CITY: CITY shall have the right to enter the Leased Premises at any reasonable time to examine the same and determine the maintenance and state of repair. 12. FIRE OR OTHER LOSS: If any portion of the Leased Premises shall be damaged by fire, the elements or other causes, CITY will 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 restore and repair the Leased Premises. If any portion of the Leased Premises is so damaged as to be unfit for use or occupancy, the rent of LESSEE shall be adjusted accordingly. If any portion of the Leased Premises is destroyed to the extent of fifty percent (50%) or more of its value, CITY may, at its option, terminate this Agreement rather than restore the Leased Premises. 13. INSURANCE: LESSEE agrees to carry and maintain a comprehensive general liability policy in the minimum amount of five hundred thousand dollars ($500,000) to protect the CITY from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with LESSEE's acts or performance under this Agreement related to the Leased Premises. 14. INDEMNIFICATION AND HOLD HARMLESS: LESSEE agrees to indemnify, defend, and hold harmless CITY, 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 including, but not limited to, any and all claims, losses, actions, or judgments for damage or injury to person or property arising out of or in connection with the use of the provision, sale and/or use of alcohol. 15. HAZARDOUS WASTE: LESSEE agrees not to store, generate, or otherwise use or bring upon the Leased Premises any hazardous waste as defined by federal, state or local laws or regulations. 16. 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 CITY, then CITY, at its option and in addition to all other legal and equitable remedies, may declare this Agreement 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. 17. ASSIGNMENT OR SUBLETTING EXPRESSLY PROHIBITED: LESSEE shall not assign this Agreement nor sublet the whole or any part thereof without the written consent of CITY. 18. USE OF LEASED PREMISES: LESSEE shall use the Leased Premises exclusively for purposes of free parking of vehicles and shall at all times comply with all laws, regulations and ordinances. LESSEE shall not dispense or serve alcoholic beverages on Leased Premises or allow alcoholic beverages to be dispensed, served or consumed on Leased Premises. LESSEE'S use of the Leased Premises shall not be changed without the consent of CITY. 19. ENTIRE AGREEMENT: This is the entire Agreement of the parties and can only be modified or amended in writing by the parties. LEASE AGREEMENT - RANTS & RA YES AND CITY PAGE 3 OF 6 ---PAGE BREAK--- 20. ATTORNEY FEES: If action is brought to enforce the terms or provisions of this Agreement, or to enforce forfeiture for 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 law. In addition, LESSEE agrees to pay the sum of two hundred fifty dollars ($250) for costs and attorney fees for each notice of default served upon LESSEE by CITY. 21. SERVICE OF NOTICES: Any notice may be served upon CITY by certified mail to City Clerk, City of Moscow, Idaho, P 0 Box 9203, Moscow, Idaho, 83843, and any notice may be served upon LESSEE by certified mail to LESSEE at 310 North Jackson Street, Moscow, Idaho, 83843. 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. DATED this 27 day of ~NVA,, LESSEE: , 2016. CITY: ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this day of = , 2016, before me, a Notary Public in and for said State, appeared Ramiros#AttebUfkllown to me to be the person named above and acknowledged that she execute~ the foregoing document as the duly authorized representative for Rants & Raves Brewery kt\0~" Ul11111. """'sTEJt.-. . ~ § ~,All,, \ = = i /:lr.Je°"'(J E ~I ~ • n~ c LEASE AGREEJl~ff.frUH~~\AVES AND CITY PAGE40F6 ---PAGE BREAK--- EXHIBIT " A " ' 1 LEASE AGREEMENT- RANTS & RAVES AND CITY PAGE5 OF6 ---PAGE BREAK--- ~ trl ~ ~ I ~ r;l Pl' ~ < trl ~ ~ ~ ADA Van Accessible Parkin Space and Accessible Route Light to be Relocated Nearest Ped. Ramp Install Required ADA Ped. Ramp lo Accessible t_!l!j ~ ~ ~ ~ = ~ ~