HomeMy WebLinkAbout95- Reach Lease
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LEASE AGREEMENT
THIS AGREEMENT, made and entered into this 3rd day of July,
1995, by and between the City of Bozeman, a municipal corporation
of 411 East Main Street, Bozeman, Montana 59771-0640, party of the
First Part, hereinafter referred to as LESSOR, and Reach, Inc. , a
non-profit corporation with principal offices located at 2134
Industrial Drive, Bozeman, Montana 59715, party of the Second Part,
hereinafter referred to as LESSEE.
WIT N E SSE T H:
1. Premises Leased. For and in consideration of the rental
to be paid and the covenants to be performed by Lessee, as
hereinafter set forth, Lessor does hereby demise, lease and let
unto Lessee those certain lots, pieces or parcels of real estate
situated, lying and being in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract of land in the SW~ of Section 31, Township
1 South, Range 6 East, M.P.M. , Gallatin County,
Montana, more particularly described as follows:
Beginning at a point which is the northeast
property corner of Tract 5B, Amended plat of
Bozeman Industrial Park; thence N880 10'08" E, a
distance of 125.0 feet; thence S020 17' 33" E, a
distance of 235.0 feet; thence S880 10' 08" W, a
distance of 125.0 feet; thence N020 17' 33" West, a
distance of 235.0 feet, to the point of beginning,
2 . Term. To have and to hold said premises according to the
provisions hereof for a period of three (3 ) years from the date
hereof unless terminated as hereinafter set forth. 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
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and privilege, at its option, to extend the demised term for one
additional period of three (3 ) 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 this Lease. Any
extension or renewal shall be upon the same covenants and
conditions as contained within this Lease.
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 . Consideration. Lessee hereby agrees to lease the said
premises from the Lessor and to pay as rental therefor the sum of
One Dollar ($1.00). This payment shall be made to lessor annually
on or before the third day of July and shall be paid to Lessor at
its principal offices in Bozeman, Montana.
4, Repairs and Improvements. Lessee agrees to protect all
improvements upon said premises and to keep the same in as good
condition and state of repair as the same shall be at the time this
Lease is executed, reasonable wear, tear and damage by the elements
excepted. Lessee further agrees to bear all costs incurred in
repairing fences or other improvements currently situated upon the
leased premises. Any new improvements which may be made during the
term of this lease shall remain upon the premises and shall be the
sole property of the Lessor unless otherwise specified by the terms
of this Lease Agreement. However, in order to insure strict
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compliance with all federal, state and municipal regulations, no
improvements, such as fencing, playground equipment, trail
construction and the like, shall be placed upon the premises
without prior written approval of the Lessor.
S, Use of Premises. It is understood and agreed that the
premises shall be used as a nature area and for no other purpose
without the prior written consent of the Lessor. Lessee further
agrees that it will not use or permit the use of the premises
contrary to any valid laws of the State of Montana, County of
Gallatin or City of Bozeman and further agrees to comply with all
requirements regarding control of noxious weeds.
6 . No Assiqnment or Sublease. Lessee agrees that it will
not assign this Lease nor sublet the premises, or any part thereof,
without first obtaining the prior written consent of the Lessor.
7. Surrender of Premises to Lessor. Lessee further agrees
that at the termination of this Lease, whether by expiration of its
term, by default or as otherwise herein provided, it will
immediately surrender possession of said premises to Lessor with
the improvements thereon in as good a condition and state of repair
as they now are, reasonable wear, tear and damage from the elements
alone excepted.
8. Lessor's Riqht to Terminate. Lessor hereby reserves, and
Lessee grants to Lessor, the right to terminate this Lease at any
time upon sixty (60) days' written notice.
9. Notices. Any notices which may be required under the
terms of this Lease Agreement, or which either party may desire to
serve upon the other, shall be in writing and shall be deemed
served when delivered personally, or when deposited in the United
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States mail, first class postage prepaid, return receipt requested,
and addressed as follows:
LESSOR: LESSEE:
City of Bozeman Reach, Inc.
P.O. Box 640 2134 Industrial Drive
Bozeman, MT 59771-0640 Bozeman, MT 59715
10. Default. Should Lessee default in the payment of any
installment of rental, or otherwise default in the performance of
any term or condition of this agreement, Lessor may immediately re-
enter and retake possession of said premises, or any part thereof,
without notice and without the necessity of resorting to any legal
action whatsoever, without such reentry working a forfeiture of the
rental to be paid; or, at its option, Lessor may cancel this Lease
and reenter and retake possession.
1l. Riqht of Access, There is further reserved to the
Lessor, its successors and assigns, the right of access and entry
upon the lands to make field inspections, examinations, and other
evaluations in connection with a determination of the highest and
best use of the lands herein leased.
12. Indemnification: Insurance. Lessee agrees to indemnify
and hold harmless the Lessor, its officers, employees and agents
from and against any and all liability, damage, expense, including
attorney fees, causes of action, suits, claims or judgments of any
character whatsoever brought or asserted for injuries to, or death
of, any person or persons, or damages to property arising out of,
resulting from or occurring in connection with the use of 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.
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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,
namlng the Lessor as an "additional insured" under the policy or
policies for combined bodily injury and property damage with a
limit of liability of not less than one million dollars
($1,000,000.00) for 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 insurance and that
the Lessor is named as an "additional insured" on the comprehensive
general liability insurance policy or policies. In addition, the
policy or policies shall contain a provision that no cancellation
thereof shall be effective without thirty (30) days' written notice
to the Lessor and Lessee.
13. Miscellaneous Covenants and Provisions.
a. 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.
b. Neither the 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. 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, the
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successful party in such legal action shall be entitled to recover
in such action a judgment for all costs and expenses of any kind
and nature whatsoever incident to the prosecution or defense of
such action or the preparation thereof, including reasonable
attorney's fees.
d. It is mutually agreed that time shall be of the
essence of this agreement and that the terms hereof shall bind the
heirs, successors and assigns of the parties hereto, but nothing
contained in this paragraph shall be construed as a consent by the
Lessor to any assignment of this Lease or any interest therein by
the Lessee, except as provided in Paragraph 6 of this Lease,
e. It is mutually agreed that all prior understandings
of the parties, either written or oral, are merged herein and that
this document constitutes the entire understanding of the parties.
f. 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.
g. 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 provided herein. 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 set their hands
and Seal the day and year first above written.
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LESSEE:
REACH, INC.
By, If!1l~tJ,;e~~
LESSOR:
CITY OF BOZEMAN
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By \-'..A /> A,,'.'\ .~., L/\. L\hCk"
Ci~y Manager ,
ATTEST:
~of~
Clerk of the City Commission
STATE OF MONTANA )
) ss.
County of Gallatin )
On this3D'TH day of JU.Ne.. , 1995, before me,
the undersigned, a f(tary P~liC for the State of Montana,
personally appeared ~ . ~.~o.-lrYl , known to me to be
the ~""J .1'J ~ I--'<. _ f91'n ~ r Th-? of Reach, Inc., and the person whose
name i subscribed to the within instrument and acknowledged to me
that he/she executed the same for and on behalf of Reach, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first above written.
. (SEAL)
9~1& ~
Not y Public ~he ~e of
__ Montana, residing at
-_ My Commission Expires ~"l~~
S'I'A'[,}~ OF MONTANA )
) ss.
County of Gallatin )
On this ~ ~ day of q~ ' 1995, before me, the
undersigned, a Notary Public for th State of Montana, personally
appeared JAMES E, WYSOCKI and ROBIN L, SULLIVAN, known to me to be
the City Manager and Clerk of Commission of the City of Bozeman,
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respectively, and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the
same 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 first above written.
(SEAL)
~.~~T.l 1~ ~~IHA--J
Nota y Public 0 the State of
Montana, residing at Bozeman
My Commission Expires 6/M/~
" 'IS:
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