Loading...
HomeMy WebLinkAbout84- Humane Society of Gallatin County . . .. . ~ - '. . ' LEASE 7-' THIS LEASE, made and entered into this I ~_. day of Q~~ , 1984, by and between The City of Bozeman, a municipal corporation of the State of Montana, located at 411 East Main, Bozeman, Montana 59771-0640, here- in after referred to as "Lessor, II and Humane Society of Gallatin County, a Montana non-profit corporation, P.O. Box 914, Bozeman, Montana 59771-0914, herein after referred to as "Lessee"; WIT N E SSE T H: It 1S 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, improvements made and to be made and the covenants to be pertormed by the Lessee, does hereby lease, let and demise unto Lessee the following described premises situated in the C1ty of Bozeman, County of Gallatin, State of Montana, to wit: Beginning at a point 50 feet west and 2100 feet south of the center of Section 31, Township 1 South, Range 6 East, west 210 feet; thence north 210 teet, 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 ten (10) years, from and after the first day of October, 1984, to and including the 30th day of September, 1994, unless sooner terminated as hereinafter provided. 3. Rent: a. Lessee shall pay as rent therefore during the said term the sum of One Dollar ($1) per year payable in . . . r " '. . , advance on the first day of each and every year commencing October 1, 1984. b. It is specifically understood and agreed that any holding over or continued use and/or occupancy by Lessee ot the leased premises after the exp~ration 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 sa~d lease. 4. Ut~lities: Lessee shall have all utilities, electricity, gas, water and sewer placed in its name and shall pay all bills therefore. 5. Care of Premises, Improvements by Lessee: a. Lessee, at its own expense, shall supply full maintenance and janitorial service to the building. Further, Lessee shall provide and maintain the entire building in satisfactory working cond~tion, 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 redeliver possession of said premises including all affixed improvements, to the Lessor in as good condition and state of repair as the same shall be at the time this Lease takes eftect, reasonable wear and 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 permitting 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 -2- , , ' " , " . . ' , it will not use or permit the use of demised premises contrary to any valid laws of the State of Montana or ordinance of the City of Bozeman. 7. Right 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 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 tully 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. 9 . Termination: Either party may terminate this lease by giving one (1) year's notice in writing to the other party. 10. Indemnification: Lessee agrees to indemnify and save Lessor harmless of and from any and all liability, damage, expense, cause ot action, suits, claims or judgments resulting from injury to person or property occurring upon the leased premises or which arise out ot the use or occupancy thereof by Lessee, Lessee's agents, employees, invitees or guests. -3- .._,---- -"_.'-,. -.-,.--..-".- --.., --- 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 thereot 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 torfeiture 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 P.O. Box 914, Bozeman, MT 59771-0914, Attention: Director, 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 fees. -4- " . . ~ .. . ' .. THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA 59715,0640 April 7 , 1993 Mr. Bill Hutton, Executive Director Humane Society of Gallatin County 2125 No. Rouse Bozeman, MT 59715 Dear Mr. Hutton: Please be advised that the City of Bozeman would be willing to discuss the renewal of your lease which is to expire September 30, 1994. These discussions should take place with the Chief of Police and recommendations from our Animal Control Officer, Connie Lien, prior to September 1, 1993. This renewal document should have an added section to give both parties one years' notice of termination. The City would agree to this as an amendment to the current agreement. Please sign this letter as acceptance of that provision and keep a copy attached to the current lease. g;relY, -v~Q.J ~. W " Ja es E. Wysocki ~ City Manager JEW/mcl cc: Chief Boyer AMENDMENT ACCEPTED: HUMAN SOCIETY OF GALLATIN COUNTY v)~j.+l~ --"- Its Date:JD AfJrz-IL q3 HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK