Loading...
HomeMy WebLinkAbout86- Burke Lease . . . . ., , LEASE AGREEMENT THIS LEASE, made and entered into this 3rd day of February , 1986, by and between Edmund Burke whose mailing address is Suite 3100, 737 Bishop, Honolulu, Hawaii 96813, hereinafter referred to as "Lessor," and City of Bozeman, a municipal corporation of the State of Montana, located at 411 East Main, Bozeman, Montana 5977l-0640, hereinafter referred to as "Lessee"; WIT N E SSE T H: In consideration of the terms and conditions set forth in this agreement, the parties agree as follows: 1. Premises. Lessor does hereby lease, let and demise unto Lessee the following described premises situated in the City of Bozeman, County of Gallatin, State of Montana, to wit: The east 15 feet of the following lots located in the Electric Heights Addition to the City of Bozeman as filed and of record in the office of the Clerk and Recorder of Gallatin County, Montana: Lot 13, Block 1 Lots 13 and 18, Block 4 Lot 13, Block 5 2. Terms. a . To have and to hold the above rented premises unto the Lessee for and during the full term of ten (10) years, from and after the date of this lease, unless sooner terminated as hereinafter provided. - . .' b. It is understood and agreed that if the Lessee shall, during the demised term, well and faithfully perform all of the covenants and conditions contained in this Lease, and if the Lease is not terminated during said term, then the parties may negotiate an extension of the term of the Lease. c. It is specifically understood and agreed that any holding over or continued use and/or occupancy by Lessee of the leased premises after the expiration of this Lease or any properly extended period thereof shall operate and be construed as a tenancy from month to month on the same conditions ln force at the expiration of said Lease. 3 . Rental. No monetary rental shall be payable by Lessee to Lessor. The benefits derived from this Lease are hereby acknowledged to be sufficient and substantial consideration. The real property leased shall be used in conjunction with other properties owned and operated by the Lessee. 4. Care of Premises, Improvements by Lessee. a. Lessee, at its own expense, shall be responsible for maintenance of all site improvements. Lessee may make improvements and changes to the area, including, but not limited to the erection of a fence, to enhance recreation for the general public. b. After termination of this Lease, whether by paragraph 6 notice or expiration of the terms of said Lease, -2- - . Lessee will redeliver possession of said premises to the Lessor in as good condition and state of repair as the same shall be at the time this Lease takes effect, and shall remove all improvements including fences erected by Lessee, if so requested by Lessor. 5 . Use of the Premises. It is understood and agreed that this Lease is made for the purpose of permitting Lessee to use the premises for public recreational purposes not involving the use of motor vehicles. Lessee further agrees that it will not use or permit the use of demised premises for any purpose other than public recreation without first obtaining written consent of Lessor. The property shall be used for the sole and exclusive use of Lessee and Lessor relinquishes use of the property for any purpose unless approval is gained in writing from Lessee. 6 . Termination. Either party may terminate this Lease at any time by mailing ninety (90) days advance written notice of termination to the other party at the address hereinafter set forth. 7. Liability. It is expressly understood and agreed that Lessor shall not be liable for damages or injuries incurred as a result of public use of the area during the term of this Lease. Lessee agrees to defend and indemnify Lessor for all claims arising out of use of the leased premises. -3- .... . ' 8 . Miscellaneous Covenants and Provisions. a. Neither Lessee nor Lessor shall be deemed to have waived any provision of this Lease unless such waiver is in writing signed by the Lessor and Lessee; and no modification of this Lease shall be binding unless in writing. b. Lessor shall have the right to reenter upon and into the demised premises or any part thereof at all reasonable times to inspect the same. c. The covenants and conditions of this Lease shall be deemed continuing and any forbearance by either party to enforce forfeiture on the occasion of one or more breaches thereof, shall not be construed as a waiver of the right to enforce such forfeiture on any subsequent breach. d. All notices prescribed herein shall be written and served by registered mail and directed to Lessee at P.O. Box 640, Bozeman, MT 59771-0640, Attention: Ci ty Manager, or such other place as Lessee may specify in writing, and to Lessor at Suite 3100, 737 Bishop, Honolulu, Hawaii 96813, or at such other place as Lessor may specify in writing. e. It is mutually agreed and understood that in the event either party hereto shall bring any legal action against the other to enforce any right or obligation based upon this Lease, each party shall bear its own costs and expenses of any kind and nature whatsoever incident to the prosecution or -4- . -< . . . . . .- , defense of such action or the preparation thereof, including attorneys fees. f. It is mutually agreed that time shall be of the essence of this Lease, that the terms hereof shall bind the heirs, personal representatives, successors and assigns of the parties and that all prior understanding of the parties, either written or oral are merged herein and that this document constitutes the entire understanding of the parties. g. The provisions of this Lease are severable and the invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. t! y rk.~~ Edmuna Bu ke, Lessor THE CITY OF BOZEMAN BY~ JJ W~ Its City Manager Lessee Attest: r2J,~ ~ ~1!J~. i;(1 (1- 5 .ll7/f~~ Clerk of the City Commission -----,-.~ l.. i,.~ i; .'. ..,. .:,_;~\,;JI; "li~;Y -5- , ,. . . . THE CITY OF BOZEMAN ' . , . . , 411 E, MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 '. BOZEMAN, MONTANA 59715~O640 January 21, 1986 TO: James E. Wysocki, City Manager FROM: Mary L. Crumbaker-Smith, City Attorney --7;i~l/>.J RE: Proposed Lease Agreement With Edmund Burke ' The lease proposed by Mr. Burke is quite similar to the one we sent to him with one exception in paragraph 7, Liability. You will find that Mr. Burke has added a sentence which states that the City will pay for the legal defense and assume any award for damages which may occur as a result of any person's use of the premises. Although I do not think this is an unreasonable request on Mr. Burke's part, the City will be assuming very broad liability for any claim filed, whether the person was using the property for recrea- tional purposes authorized by the City or not. It means the City will be responsible for any inherent defects which currently exist on the property or come into existence. It places full responsibility for maintaining the property and effectively controlling its use on the City--essentially the same responsibility as if the property were owned by the City. The legal form of the lease is certainly acceptable and I will be happy to "bug" it for submission to the City Commission. -f)~ f ;/;7 ~ . MC-S/1h / rY-)D Attachment Cevv-' (~ '., . .... " . , .c:."' .~, 1JrU HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK . , ... JAN 2,0 19,86 '.' ~ . -. - , - E;DMUND BURKE;' BURKE. SAKAi; MCPHEETERS. WAVNE; M. SAKAI' ~ HDWA~D F. McPHE;HE;RS' BORDNER S GILARDY WilliAM A BORDNE;W WilliAM H, GllAROV, JR: ATTORNEYS AT LAW MICHIRO IWANAGA' CABLE: DUEPROCESS BARRV M, KURRE;W A LAW CORPORATION JAMES T. ESTES, JR: ~IOO MAUKA TOWER, GROSVENOR CENTER TELEX: 172~) 8742 B5MBG HR CHARLES E PEAR, JR: TELEPHONE: IBOB) 523-9833 JEFFRE;V V. HIGASHI' 737 BISHOP STREET BRIAN ABURANO HONOLULU, HAWAII 98813 JEFFRIOV T ONO' GARV L. MillER PATRICIA C. PERRV January 15, 1986 CARL TON W. T. CHUN JAN MIVA TAMURA MARGARET S. AHN DEBRA A McHUGH 'A lAW CORPORATION Mr. James E. Wysocki City Manager City of Bozeman P. O. Box 640 Bozeman, Montana 59715-0640 Dear Mr. Wysocki: Enclosed please find a Lease Agreement in the basic form that you proposed but with some modifications. Princi- pally I have made some changes in paragraphs 4b, 6 and 7. Since a formal option to renew the Lease is somewhat at variance with the termination at will provision, I have eliminated the option also. It is intended that the basic thrust of the Lease is in conformance with your proposal. Please furnish me with a copy of the fully executed Lease for my records, or let me know of any modifications you wish to make. Very truly yours, LJJ~ EDMUND BURKE EB:dmh Enclosure: Lease Agreement