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Home My WebLink About06- Hinesley Family Limited Partnership No. 1 Lease Agreement LEASE AGREEMENT THIS LEASE AGREEMENT made and entered mto this Zg r:lY of ~el';~"r, 2006, by and between City of Bozeman, Montana (herem after referred to as the "Landlord"), whose address IS P. O. Box 1230, BOLeman, MT 59771-1230 and Hinesley Family Limited Partnership No. 1 (heremafter referred to as the "Tenant") whose address IS 3663 Durston Road, Bozeman, Montana 59718. WITNESSETH THAT: 1. PREMISES AND TERM. Landlord, in consideratIOn of the rents herem reserved and of the agreements and conditions herem contamed, on the part of Tenant to be kept and performed, leases unto Tenant and Tenant hereby rents and leases from Landlord, accordmg to the terms and provIsIOns herem, that certam utIlIty buIlding and lot descnbed m the attached ExhIbIt A, and all rIghts, easements and appUltenances thereto belongmg, for a term of five (5) years, commencing at mIdmght of the day prevIOus to the first day of the lease telm, WhICh shall be on , 2006, and endmg at mIdnight on the last day of the lease term, WhICh shall be on thc , 2011, upon the condItIOn that Tcnant pays rent therefore and otherWIse performs as m this lease provided. This lcase may be extended beyond the above-stated tcrm through a written lease extension signed by both parties. 2. RENTAL. Tenant agrees to pay to Landlord as rental thc amount of One Dollar and no/lOO ($1.00) per year J. POSSESSION. Tenant shall be entitled to possessIOn on the first day of the term of this lease, and shall YIeld possessIOn to Landlord on the last day of the term of this lease, except as herem otherWIse expressly proVided. 4. USE OF PREMISES. Tenant covenants and agrees dUrIng the term of thiS lease to use and to occupy the premIses for any lawful purposes. Tenant shall make no unlawful use of the premIses and agrees to comply With all valtd regulations, laws or ordmances of applIcatIOn mumclpaltty, the laws of the State of Montana and the Federal government, but thIS proVISion shall not be construed as creatmg any duty by Tenant to members of the general publIc. 5. QUIET ENJOYMENT. Landlord covenants that Its cstate m the premIses IS fee Simple; and that Tenant on paymg the rent herem reserved and performmg all the agreements by Tenant to be performed as proVided m thIS lease, shall and may peaceably have, hold and enJoy the prermses for the term of thIS lease from molestation, eViction or disturbance hy Landlord or other persons or legal entIty whatsoever. 6. CONDITIONS OF PREMISES. Tenant shall take the premlscs 10 "as IS" condItIOn. Lease Agreement, City of Bozeman/Hmesley Family Partnership No.1 7. TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall keep the structural part of the floor, walls, roof, other structural parts of the building and common areas in good repair. 8. UTILITIES AND SERVICES. Tenant, during the term of this lease, shall pay, before delinquency, all charges for use of telephone, power, water, sewer and trash. 9. SURRENDER OF PREMISES. Tenant agrees that upon the termination of this lease, it shall surrender, yield up and deliver the premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. 10. REMOV AL OF FIXTURES. Tenant may, at the expiration of the term of this lease, or renewal or renewals thereof or at a reasonahle time thereafter, if Tenant is not in default hereunder, remove any futures or equipment which the Tenant has purchased or installed in the premises, hut will repair any damage as a result of removing any fixtures. 11. ASSIGNMENT AND SUBLETTING. Tenant may assign or suhlet the premises with permission of Landlord, which permission shall not reasonably be denied. 12. REAL EST A TE TAXES. All real estate taxes and special assessments levied by lawful authority (but reasonably preserving landlord's rights of appeal) against the real property shall be timely paid by Tenant. 13. PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all taxes, assessments, or other public charges levied or assessed by lawful authority (but reasonably preserving Tenant's rights of appeal) against its personal property on the premises during the term of this lease. 14. PROPERTY INSURANCE. Tenant shall keep the building reasonably insured against hazards and casualties; that is, fire and those items usually covered by extended coverage. Tenant shall provide Landlord with a copy of said insurance, and said insurance shall have a minimum 30 day cancellation notice, shall name the City of Bozeman as an additional insured on the policy, Tenant shall keep the improvements and other property located within the premises insured against hazards and name the City of Bozeman as additional insured. 15. PARTIAL DESTRUCTION OF PREMISES. In the event of a partial destruction or damage of the premises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within thirty (30) days after its OCCUTTence, this lease shall not terminate but the rent for the premises shall abate during Lease Agreement, City of Bozeman/Hinesley Family Partnership No.1 2 the time of such business interference. In the event of patiial destfuction, Tenant shall repair such damages within thirty (30) days of its occuncnce unless prevented from so doing by acts of God, the elements, the public enemy, stfikes, riots, insurrection, government fegulations, city ordinances, labor, matefial or transportation shortages, or other causes beyond Tenant's reasonable control. 16. NOTICES AND DEMANDS. Notices as provided for in this lease shall be gi ven to the fespecti ve parties hereto at the respecti vc addresses designated on page on e of this lease unless either party notifies the other, in writing, of a diffefent address. Without prejudice to any other method of notifying a party in wfiting or making a demand or other communication, such message shall be considered given under the tefms of this Icase when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 17. SUCCESSORS AND ASSIGNS. Each and evefY covenant and agreement hefein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in i ntefest shall be the surviving joint tenant. 18. .FORCE MAJEURE. In the event that eithef party hereto shall be delayed Of hindered or prevented from the performance of any act fequired hereunder by reason of acts of God, catastrophic weather, riots, insurrection, war, any governmental ruling or injunction beyond the control of Landlord or Tenant, or other reason of a like nature not the fault of thc party delayed (all of such reasons or causes referred to in this lease as "force majeure"), then performance of such acts shall be excused for the period of the delay and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay. 19. CHANGES TO BE IN WRITING. Nonc of the covenants, provisIOns, terms or conditions of this lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to landlord and Tenant. This leasc contains the entire agreement of the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicatc the day and year first above written. Lease Agreement, City of Bozeman/Hinesley Family Partnership No.1 3 LANDLORD CITY OF BOZEMAN APPROVED AS TO FORM: ByGliA~ Chris Kukulski, City Manager ATTEST: -~ TENANT ::NEs;J:;~ '0tED PARTNERSHW NO.1 Charles W. Hinesely, Sr. Lease Agreement, City of Bozeman/Hinesley Family Partnership No.1 4 ; ,. . . - -II!' ./ V -.. . -.,:::... ...-_'__ _~ X eW"'-' ..-~.../ .... BENCHMARK:,Aop 't ALUMlNUM/CAP. ,/ ELeJA110N / /4-718.84- / / / /' / / f)J1\JR D'cik s,treet //---/ / / ,/ - - ' " , ROAD CONSTR\JC1\O~ (~O\ \ \ ~ \ \ .~" 8~ .;:-- .'i~ --': .x,..vo.-o..J>J'--' \ 1,:.1;)1 vr ~t,:28./ RcP I'\<CH CUL~ERl ~l 1.13% SLOPE INV. \1'l ::: 471~.90 UIlV.jOUi ::: +712.04- ! " -vv- -- ~ _ .-- ___ .....- __/i-- .-- - ~ _ - r - -- -- .--.t.- -- ,- .... ....~-....""w '-....... ~....---.... -- \ \ \ \ ~ \ \ r----~ J; \ \ \ - 1 \ /_~L01' \ ./'/ 15u"I~ ~ : . "\." ". ~. ~ \ \ \ \ .,../.--.--....-."". " " . o " " .... PA((KING · ". '. o " ". 19.1 .~ .o.l j*'\ (i , " Ii ,-J""'- / ~*...;' i / I l ./ ,/ ,,.r" ,,' .,!' r' f ,. 1 /' i __ __..;:::-::'- - - - - -1- - - - - - -"" - , 0._ ,,/ FUTURE 8"55 ""', .- /..- \ ' '" \ \ \ -----.-~~~ \ .-/.- ---- ,'."f/ , \ \ \ \ ..l~lo- ;..Jo .i -" o J ;' ..Jo ..... '--//' ... _~_----,"-"l ,,/ ///' \ ./" \ / i \ ,/ I ,/ .." L' e.X\ ~ If\" ~ /\ ..l./~" .- _ _ - - - - - - - -l ~ ~ - ~\~Y-Eose~:n: ;~~- 4-1'2.0 LOT 1 75,771 sf