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HomeMy WebLinkAbout72- Mackleberg Lease i i " >#' , . LEASE AGREEMENT THIS AGREEMENT, Made and entered into this 7th day of June , 1972, by and between MYRTLEMACKLEBERG, of Bozeman, Montana, herein- after referred to as 'the Lessor and the CITY OF BOZEMAN, a municipal corporation of the state of Montana, hereinafter referred to as the Lessee, WIT NEB S E ,T H: That said Lessor, for and in consideration of the rents, covenants and agreements hereinafter contained, to be paid, kept and performed by the Lessee, have leased, demised and let and by these presents do lease, demise and let unto the Lessee the following described premises, situate in the ci ty of Bozeman, ", county of Gallatin, state of Montana, to-wit: The North 100 feet of Lots 17, 18 and 19 in Block I of the original townsite of the city of Bozeman, Montana. TO HAVE AND TO HOLD the above described premises under the conditions hereinafter stated for a period of five (5 ) years conunencing on the 1st day of July, 1972, and ending on the 30th day of June, 1977, at which last mentioned date the term of this lease shall be fully completed and ended without necessity of giving notice of any kind. IN CONSIDERATION WHEREOF, the Lessee hereby agrees to pay to the Lessor as rental for the above described premises the sum of Three Hundred Dollars ($300.00) per month together with any increase in taxes over the amount assessed against said premises for the year 1967 during the term hereof. Said payment of rental to be paid monthly in advance on the first day of each and every month, provided, however, if said monthly rental is paid on or before - --------..----------- .' -I' t . the 10th day of each and every month, the Lessee shall not be deemed or considered in default. The Lessee further agrees to pay any tax increase annually on or before the first day of December of each year. The Lessee further agrees to pay all water, sewer, gas and electricity utilities used or assessed against said premises. It is understood and agreed by and between the parties hereto that the business to be conducted by the Lessee in said premises will be conducted in an orderly and proper manner and in this connection the Lessee agrees not to hang or cause to be hung any objects from the ceiling beams in the said premises. The Lessee further covenants and agrees that it will not commit or suffer any waste or damage to be committed upon the premises leased hereunder; that it will maintain the said premises, building and equipment owned by the Lessor in good repair, normal wear and tear alone excepted, .and in a clean, safe, sanitary and useful condition and that said Lessee will bear the cost of said normal or ordinary maintenance; that it will keep and maintain the sidewalks in front of said building free from snow, ice and dirt. It is further understood and agreed between the parties hereto that the Lessee shall make no change, alteration or substitution in the premises leased hereunder without the written consent of Lessor being first obtained, and that any and all improvements or repairs made to the said premises or building by the Lessee, except as herein provided, shall be made at the expense of the Lessee during the term of this lease, and upon expiration of the lease said improvements and repairs shall be and remain the property of the Lessor, except as to removable fixtures installed by the Lessee, including one (1) 1000 gallon oil tank, one (1) air compressor, Serial No. K433947, manufactured by Eaton Metal Products Co., Sal t Lake City , Utah, and one (1) 18 foot plywood and 2 x4 partition ....2-- . . ,. '\ . .' eight (8 ) feet high in the office of said building. The Lessee further covenants and agrees that it will protect the Lessor from and indemnify her against all loss sustained and expense incurred by reason of any liability of any.character incurred by the Lessee, or arising out of, or in conjunction with, the maintenance, use and operation of said premises during the term of this lease, including anyliabili ty for injury to persons or property due to, or arising out of, , the condition of said premises, or otherwise; and that to this end the Lessee covenants and agrees to carry a sufficient amount of liability insurance in a reputable liability insurance company, satisfactory to the Lessor, to fully protect the parties hereto. It is further understood and agreed by the parties hereto that if the said monthly rental payments, or any of them, whether the same be demanded or not, are unpaid as and when they become due, or if any waste or damage of any kind shall be committed upon the said premises, or if any part of the said premises are sublet or underlet, without the consent of the Lessor, or if the Lessee shall abandon the premises,' or if the said Lessee shall fail, neglect or refuse to perform any of the covenants by him to be kept and performed, then and in that event, or any of them, the Lessor shall have the right at his option, and such right is hereby reserved by him, to terminate the said lease, and any and all rights, interests and estates that the Lessee may have in and to said premises, by sixty (60) days' notice in writing, signed by the Lessor, her agent or attorney, of her intention to terminate said lease, and upon such termination of said lease the said Lessor shall have full and absolute right to re-enter said prerriisesand to resume possession of said premises, and to have and hold the same as 'fully and completely as she could do if the term herein specified had fully expired by lapse of time, and suchtermina tion of said lease and re-entry shall -3- . , , . . in no manner operate asa forfeiture of any rent due or covenanted to grow due or the right of the said Lessor to the performance of any of the covenants herein contained, by the said Lessee to be kept and performed: provided, however, that the parties hereto shall use every reasonable effort to find a suitable tenant whose rent shall be applied to reducing the rentals herein provided for. It is further understood and agreed by the parties hereto ""t:.na1::"'-rf, during the term of this lease , the premises 'shall be partially destroyed by fire or earthquake, the Lessor shall have the option to rebuild or terminate this lease if the cost of repair exceeds Fifteen Hundred Dollars ($1,500.00) ,and the rent here- under shall not cease, except that the parties hereto shall agree as to what portion of the premises remains usable for the Lessee ts business operations and what portion remains unusable, and the rent shall be reduced in the amount of the ratio between the usable and unusable space: but if the damage by fire or earthquake shall be so extensive as to render the premises entirely untenantable, the rent shall cease and this lease and all rights and Obligations shall thereupon terminate. It is further understood and agreed between the parties hereto that the Lessor, accompanied by representatives of the Lessee, shall have the right to enter the premises leased hereunder at all reasonable times and to view and make improvements 'thereon. It is further understood and agreed by the parties hereto that upon the expiration of this lease as herein specified or upon the termination of this lease as herein provided, the Lessee will peaceably and quietly surrender and deliver up the said premises and all of the nonremovableimprovements made thereto in as good a condition as when received by the Lessee, reasonable wear and tear and damage alone excepted. -4- . . .' , , ' . It is further covenanted and agreed by the Lessor with the Lessee that upon paying the rent and performing the covenants and agreements herein by the Lessee to be kept and performed, the Lessee shall and may peaceably and quietly have and hold and enjoy the said leased premises for the term herein specified. It is further covenanted that upon the expiration of this lE!Lasg",.,t9~Lessee shall have the first option to renew this lease for an additional year at the same rental and upon the same terms and conditions as contained herein, provided that the performance of the Lessee, under the terms of this lease shall have been satis- factory in all respects. It is further understood and agreed by the parties hereto that all of the coveriantsand agreements herein contained shall bind the heirs, legal representatives, executors, administrators and assigns, if any, of the respective parties to the same extent as if they had been expressly mentioned in each of said covenants. '%~' f}yt~~,tz Lessor Myrt Mackelberg <7 By ATTEST; ommission -5-