HomeMy WebLinkAbout97- Humane Society of Gallatin County
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LEASE
THIS LEASE, made and entered into this 3rd day of
February , 1997, by and between the City of Bozeman,
a municipal corporation of the State of Montana, located at 411
East Main Street, Bozeman, Montana, 59715, hereinafter referred to
as "LESSOR", and Humane Society of Gallatin County, a Montana non-
profit corporation of 2125 North Rouse, Bozeman, Montana 59715,
hereinafter referred to as "LESSEE".
WIT N E SSE T H:
It lS mutually understood and agreed by and between the
parties hereto as follows:
1. Premises:
Lessor, for and in consideration of the rents to be paid
and the covenants to be performed by the Lessee, 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:
Beginning at a point 50 feet west and 210 feet
south of the center of Section 31, Township 1
South, Range 6 East, west 210 feetj thence north
210 feet, thence east 210 feet, and thence south
210 feet to the point of beginning, comprising
approximately one (1) acre of land.
2. Term:
To have and to hold the above rented premises unto the
Lessee for and during the full term of two (2) years, from and
after the first day of May, 1996, to and including the 30th day of
April, 1998, unless sooner terminated as hereinafter provided.
3. Rent:
a. Lessee shall pay as rent therefor during the term of
this Lease the sum of One Dollar ($1.00) payable upon execution of
this Lease Agreement.
b. 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 in force at the
expiration of said Lease.
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4. Utilities:
Lessee shall have all utilities, electricity, gas, water
and sewer placed in its name and shall pay all bills therefor.
5. Care of Premises/Improvements bv Lessee:
a. Lessee, at its own expense, shall supply full
maintenance and janitorial serVlce to the building. Further,
Lessee shall provide and maintain the entire building in
satisfactory working condition, including but not limited to proper
heating, plumbing, light fixtures and bulbs and all utilities.
b. After termination of this Lease, whether by
forfeiture or expiration of the terms of said Lease, Lessee will
re-deliver possession of said premises, including all affixed
improvements, to the Lessor in as good condition and state of
repalr as the same shall be at the time this Lease takes effect,
reasonable wear, tear and damage by the elements excepted.
6. Use of the Premises:
It is understood and agreed that this Lease is made for
the purpose of permitted Lessee to use the premises for the purpose
of maintaining the existing structure as a dog pound for housing
and providing humane care for stray animals and animals impounded
by the Lessor. Lessee further agrees that it will not use or
permit the use of the demised premises contrary to any valid laws
of the State of Montana or ordinance of the City of Bozeman.
7, Riqht to SubLease the Premises:
The Lessee will not assign this Lease or sublet the
premises, or any part thereof.
8. Default:
In the event Lessee fails to make the payments as herein
specified, or fails to fulfill any of the covenants herein
contained, and any such default continues unremedied for a period
of thirty (30) days after written notice specifying such default
shall have been mailed to the Lessee, then and In such event, it
shall be lawful for Lessor to enter and take full and absolute
possession of the above rented premises and to hold and enjoy the
same fully and absolutely or the Lessor may re-enter and remove
Lessee and those claiming under it by means of summary proceedings
prescribed by the laws of Montana. Lessee expressly waives any
notice of proceedings required by law to be given or taken
preliminary to re-entry by Lessor under the terms hereof.
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9. Termination:
Either party may terminate this Lease by giving thirty
(30) days' notice in writing to the other party.
10. Indemnification:
Lessee agrees to indemnify and hold Lessor harmless of
and from any and all liability, damage, expense, cause of action,
suits, claims or judgments resulting from injury to persons or
property occurring upon the leased premises or which arise out of
the use or occupancy thereof by Lessee, Lessee's agents, employees,
invitees or guests.
11. Miscellaneous Covenants and Provisions:
a. Lessee agrees to conform to such reasonable
regulations as may be established from time to time by the Lessor.
b. 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.
c. Lessor shall have the right to re-enter upon and
into the demised premises, or any part thereof, at all reasonable
times to inspect the same or to make any repairs or improvements
which it may desire or which might be required to it.
d. The covenants and conditions of this Lease shall be
deemed continuing and any forbearance by Lessor 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.
e. All notices prescribed herein shall be written and
served by registered mail and directed to Lessor at Post Office Box
640, Bozeman, Montana 59771-0640, Attention: City Manager, or such
other place as Lessor may specify in writing, and to Lessee at Post
Office Box 914, Bozeman, Montana 59771-0914, Attention: Director,
at such other place as Lessee may specify in writing.
f. 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 defense of such
action or the preparation thereof, including attorneys fees.
Humane Society Lease Page 3
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g. 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 prlor understandings of the parties, either written or
oral are merged herein and that this document constitutes the
entire understanding of the parties.
h. 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.
i. Lessee agrees to keep the property free of all liens
during the existence of this Lease or any renewals thereof and it
is expressly agreed that the Lessor shall not be liable for any
obligation incurred on or in connection with said premises by the
Lessee unless otherwise herein provided. It is agreed that no
liens may be filed against the Lessor's interest herein by reason
of such obligation.
j . Lessee agrees to enter into a separate written
agreement with Lessor for the care and custody of all animals
impounded by the City of Bozeman.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be duly executed the day and year first above
written.
LESSOR:
CITY OF BOZEMAN
BY~/VN~);;; Cl~~,;
Cl Y Manager
ATTEST:
GJeL J ~~.
Robin L. Sullivan
Clerk of the Commission
LESSEE:
HUMANE SOCIETY OF GALLATIN COUNTY
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ATTEST:
fr .
STATE OF MONTANA )
) ss.
County of Gallatin )
On this 31st day of January , 1997, before me,
the undersigned, at Notary Public for the State of Montana,
personally appeared JAMES E. WYSOCKI and ROBIN L. SULLIVAN, known
to me to be the City Manager and Clerk of Commission, respectively,
for the City of Bozeman and the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed
the within instrument for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year ~+rst above written.
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(SEAL) ,~ Lj
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-" ~~~Ublq;,fo';<he St-;'~;~~
Montana, residing at Bozeman _
My Commission Expires h '/".f/J
STATE OF MONTANA \
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County of Gallatin ) I
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On this ~ day of i "LJttLe ._1<.- - , 1997, before me, the
undersigned, a Notpry PU9Y' c for t State of Montana, personally
d (/.", '/- ;./ ,- , d ,/'1,.'. ,-'- .'-'1
appeare ':","//I//'1-'l.:d / C/lh'" an ,\ /7 ^ /Ii.: /r;" ,,' c-! /,
known to me to be the Director d) I'~ ,-,
an L L iL.-L l:.' <-- (Y , -~/'--tI- >L" d 1 ('..l Le ,(4/)C )
respectively, of the Humane Society of Gallatin Pcounty and/ the
persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the within instrument for and
on behalf of the Humane Society of Gallatin County.
IN WITNESS WHEREOF, I have ereunto set my hand and affixed my
Notarial Seal the day and yea irst above written.
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(SEAL) - =--c:tfXlL '--=. .
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(JL-~7-C-'T-U &.f-cL'__e"-------
Notary Public for the State of
- Montana, residing at Bozeman. .
My Commission Expires t" -j,;-' JY
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