HomeMy WebLinkAbout89- Beall Park Lease
i
, . ~ .\
, , .
LEASE
THIS LEASE, made and entered into this 11th day of
September , 1989, by and between The City of Bozeman,
a municipal corporation of the State of Montana, located at 411
East Main, Bozeman, Montana 59771-0640, hereinafter referred to
as "Lessor, " and Beall Park Arts Center, Inc. with mailing address
of 409 North Bozeman Street, Bozeman, Montana 59715, hereinafter
referred to as "Lessee";
WIT N E SSE T H:
It is mutually understood and agreed by and between the
parties hereto as follows:
1. Premises:
Lessor, for and in consideration of the utilities to
be paid, improvements to be made 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:
All of that building known as the Beall Park Building
located in Beall Park on North Bozeman Avenue between
Villard and Short Streets except the warming room for
skaters measuring approximately 15' x 28' and located
in the building's southwest corner.
The Lessee agrees to provide a public skaters' warming room
if the 15' X 28' space is not available in the Beall Park
Building. This space must be deemed acceptable by the City Zoning
Administrator and the City Parks Superintendent.
The Lessor agrees to permit Lessee to use the skaters'
warming room during the off-season periods of time when the ice
rink in Beall Park is unavailable for public use.
2. Terms:
a. To have and to hold the above rented premises unto the
Lessee for and during the full term of five (5) years, from and
after the 15th day of February, 1989, to and including the 14th
day of February, 1994, 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 Lessee shall have
the right and privilege, at its option, to extend the demised
term for one additional period of five (5 ) years. To exercise
such option, Lessee shall give notice in writing by registered
mail at the address hereinafter set forth of its offer to renew
said Lease, sixty (60) days prior to the termination of the term
herein specified. Any extension or renewal shall be upon the
same covenants and conditions contained in this 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 in force at
the expiration of said lease.
3. Utilities:
a. Lessee shall have all utilities, electricity, gas, water
and sewer placed in its name and shall pay all bills therefore,
including any cost for electricity consumed by the skaters'
warming room and the toilet facilities located outside the
building on its west side.
4. Care of Premises, Improvements by Lessee:
a. Lessee, at its own expense, shall supply full janitorial
service 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. Except, however, these
responsibilities shall not extend to the toilet facilities located
outside the building on its west side.
b. After termination of this lease, whether by forfeiture
or expiration of the terms of said Lease, Lessee will redeliver
-2-
;. "
" ' ,
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, reasonable wear and tear and damage by the elements
excepted; provided, however, that the Lessee shall not make any
changes or alteration in the building or to its structure nor
place any signs on the building or the premises without first
having obtained the written consent of the City Manager or such
other person as the City Manager may designate in writing.
c. In the event this Lease is terminated for any reason by
Lessor, the Lessor agrees to pay to the Lessee an amount equal to
the remaining unamortized balance of the cost of those
improvements which have been approved by the City Manager in
writing and for which a statement of completion has been filed
with the Clerk of the Commission within sixty (60) days of
completion that describes the nature of the improvement and the
cost thereof.
The total cost of such improvements, but in no event
exceeding a total amount of Thirty-Five Hundred Dollars ($3,500) ,
shall be amortized over a period of ten (10) years from the date
of the statement of completion as follows:
The total cost of any improvement shall be divided by
ten and the amount of the quotient subtracted from the
total cost upon the first anniversary of this Lease,
and upon each successive anniversary the amount of the
quotient shall be subtracted from the declining balance
through the tenth year when the balance shall be zero.
This provision shall not extend to any termination of this
Lease by Lessee or Lessee's failure to renew the Lease as provided
in paragraph 2(b). Nor shall the amortization apply to
improvements which have not received written approval or for
which a statement of completion has not been filed as provided
herein.
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 housing a
community arts center and Lessee further agrees that it will not
use or permit the use of demised premises contrary to any valid
-3-
. , ' "
laws of the State of Montana or ordinance of the City of Bozeman.
6. Right to Sublease the Premises:
The Lessee will not assign this Lease or sublet the premises,
or any part thereof.
7. Default:
In the event Lessee fails to fulfill any of the covenants
herein contained and any such default continues unremedied for a
period of sixty (60 ) 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 reenter 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 reentry by Lessor under the terms hereof.
8. Indemnification. Insurance:
a. Lessee agrees to indemnify and save Lessor harmless of
and from any and all liability, damage, expense, cause of action,
suits, claims or judgments resulting from injury to person or
property occurring within the leased premises or on the adjoining
property which arise out of the act, failure to act, or negligence
of Lessee, Lessee's agents, employees' invitees or guests.
b. Lessee further agrees that it will, at all times during
the term of this Lease, maintain and pay for comprehensive
general liability insurance affording protection to the Lessor
and Lessee, naming the Lessor as an "additional insured" under
the policy or policies for combined bodily injury and property
damage limit of liability of not less than Five Hundred Thousand
Dollars ($500,000) , each occurrence. Lessee further agrees to
deliver to Lessor, prior to the commencement of the term hereof,
a certificate or certificates of an insurance company or
insurance companies satisfactory to Lessor, evidencing such
-4-
'. .', ' , . "
insurance and that the Lessor is named as an "additional insured"
on the comprehensive general liability insurance policy or
policies.
9. Property Insurance.
a. Lessor agrees that it will, during the original term
hereof, or any extension thereof, keep in effect upon the leased
premises, such insurance as it deems necessary on the shell of
the building and such fixtures as are a part of the building as
leased.
b. It is agreed that if the demised premises shall
be so damaged by fire or other casualty as to be rendered totally
untenantable, and amount virtually to the complete destruction
thereof, this Lease shall cease and come to an end as to both
parties.
c. Lessee shall be solely responsible for all fixtures and
leasehold improvements made by it as well as for all personal
property belonging to it or any third party and may insure such
as Lessee desires.
10. Cancellation of Lease
Either party may terminate this lease agreement by delivery
to the other party of at least ninety (90) days written notice of
the termination and the effective date thereof.
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 reenter 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. Further, access
will be allowed by Lessee to Lessor to the "hose room" in the
-5-
,
l '~, .< . ' . <'
basement via the west stairway to get hoses and equipment for the
skating program.
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 P.O. Box 640,
Bozeman, MT 59771-0640, Attention: City Manager, or such other
place as Lessor may specify in writing, and to Lessee at 409
North Bozeman Street, Bozeman, MT 59715, Attention: Secretary
or President of the Board, or 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 fee s .
g. It is mutually agreed that time shall be of the essence
of this Lease, that the terms hereof shall bind the 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.
h. The provisions of this lease are severable and the
invalidity or unenforceabi1ity of any provision of this lease
shall not effect 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.
IN WITNESS WHEREOF, the parties hereto have caused this
-6-
, .
.. ," . . . "
instrument to be duly executed the day and year first above
written.
BEALL PARK ARTS CENTER, INC.
By !~ f--- ~v
Its President
Lessee
Attest:
, /&e;
t" " .'....----.'
, ,/,/ ,/ ' '/
By <C?c!~&LJutL~:.&.' / ~--'
Secretary !
THE CITY OF BOZEMAN ~ ~
B~~~'" / C,C t
, ~" Its ~ /1)1 ~'" ~trt/L
Lessor
Attest:
(2~ c! J!$~
Clerk of the City Commission
-7-