HomeMy WebLinkAbout022 7-3_Bucks Lease F N.%
GALLATIN COUNTY
Ron Edwards
Bozeman Baseball, Inc.
680 Sycamore Lane,
Bozeman, MT 59718
Re: Long Term Lease Agreement— DUE BACK TO COUNTY BY APRIL 8T", 2014 9:OOAM.
Ni Ron,
Attached please find two (2) complete copies of the Long Term Lease Agreement between Gallatin
County and Bozeman Baseball, Inc.. Please have your President and Secretary sign and return both
original copies to the Finance Office in the courthouse, 311 West Main Street, Room 304A in Bozeman.
As per our discussion, this contract is on the agenda for the Public Meeting scheduled for April 8`" at
9am and must be in the commissioners' hands before that meeting begins so that it can be approved.
Please let me know if you have any questions or concerns.
Thank you,
Justine Swanson
Finance Coordinator
406-582-3094
Finance Department • 311 Wes( Main.Rni.304A Bozeman.MT 59715
Plume(400) 592-3094 (406)582-3002 • FAX (406)582-3003
ORIGINAL
GALLATIN COUNTY, MONTANA
GALLATIN COUNTY FAIRGROUNDS
LONG TERM LEASE
BOZEMAN BASEBALL, INC.
This Lease, made and entered effective the 1 st day of April,2014 by and between Gallatin
County, a political subdivision of the State of Montana hereinafter called "Lessor," and
Bozeman Baseball, Inc.,hereinafter called"Lessee."
WHEREAS, Lessor is the owner of real property commonly known and located at the
Gallatin County Fairgrounds, Bozeman,Montana("Fairgrounds");
WHEREAS, Lessor makes available for lease portions of the Fairgrounds as allowed by state
law;
WHEREAS, Pursuant to Section 7-8-2231. Mont. Code Ann.,the Gallatin County Board of
County Commissioners ("County Commission") has the authority to lease County property
that is not necessary to County business or the preservation of County property and for which
immediate sale cannot be had, and such leases must be made in a manner and for purposes
that are best suited to advance the public benefit and welfare, in the judgment of the County
Commission;
WHEREAS, the County Commission has determined the leased premises (more particularly
described below) cannot be immediately sold, is not necessary to County business, and its
lease to the Lessee will aid in the preservation of this County property and is best suited to
advance the public benefit and welfare;
WHEREAS, Lessor desires to lease the leased premises to Lessee, and Lessee desires to
lease the leased premises from Lessor for the term, at the rental, and upon the covenants,
conditions and provisions herein set forth.
1. Term. Subject to all the terms and conditions in this Lease, Lessor leases the Premises
to Lessee commencing on January 1, 2014 and ending on December 31, 2023 unless
sooner terminated and subject to the following:
Each year the"Lease Term" shal I consist of four months commencing on the first day
of April of each year and ending on the last day of July. Each of these four month
periods shall individually be considered a "Lease Term." The period of time between
the first day of August in each year and the last day in March of each year shall not be
included in a Lease Term and shall be referred to as an "Interim Period." Lessee shall
have an exclusive use of the Premises in accordance with Paragraph 3 below during
any"Lease Term".
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2. Definitions,Land,Improvements and Premises. The following terms as used in this
Lease and all amendments and renewals thereto are set forth below:
a. Land: all of that certain, piece or parcel of real property located at the Gallatin
County Fairgrounds located at Imes Addition to the City of Bozeman, Section 6,
T2S, R6E, MPM Gallatin County, Montana more particularly described in the
attached Exhibit A. Lessee acknowledges that certain portions of the Land are
subject to covenants which may restrict the ability to build certain structures or
uses inconsistent with the Montana Open-space Land and Voluntary Conservation
Easement Act.
b. Improvements: All buildings and other improvements now located, or hereafter
erected on the Land by any party or person, together with all fixtures now or in
the future installed or erected in or upon the Land and owned or leased by Lessor
or Lessee(including boilers, compressors, equipment,elevators, escalators,
machinery,pipes, conduit, wiring, septic systems, wells, heating, ventilation and
air-conditioning systems). Improvements may be independent freestanding
structure(s) located entirely within the boundaries of the Land. Improvements
may also be contained in the freestanding structures.
c. Premises: The Land, Improvements, and all rights, privileges, easements, and
appurtenances to that Land and Improvements.
d. Trade Fixtures: Lessee's machinery and equipment that can be removed without
doing material damage to the Premises.
e. Alterations: Any modification to the Improvements after the date of this lease
whether by addition or deletion other than installation of trade fixtures.
f. Renewal. Provided that the Lessee serves written notice on the Lessor not later
than 180 days prior to the expiration of the above described term, the Lessor and
Lessee may negotiate in good faith up to an additional tern of ten years upon
such terms and conditions the parties may agree. A total credit of$108,308.00
shall be credited against any Rent on a per annum basis with any Renewal. The
credit is for Improvements performed prior to the date of this Lease.
3. Lessee's Use. (a) Lessee shall use and occupy the Premises during any Lease Term only
for youth amateur baseball practices and games and for no other purpose. (b) Lessee
shall have reasonable ingress and egress to and from the Premises and use of Fairgrounds
parking areas subject to availability, Lessor's Reservations herein and any other term or
condition herein. (c) Lessee shall make no other use of the Premises without the written
consent of Lessor, and will not,during any Lease Term permit the same to be used for
any illegal purposes,businesses or occupations. Lessee shall not commit, or suffer to be
corunitted any waste upon the Premises nor do or permit anything to be done on the
Premises which will constitute a public or private nuisance. Lessee must operate its
affairs on the premises in a businesslike and lawful manner. Lessee will not conduct its
affairs in a manner that will cause discredit, harm or loss to the businesses conducted by
the Lessor and its other tenants, vendees or assigns. Lessee's use is subject to Lessor's
/104'1 duties and obligations under the United States and Montana Constitution.
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4. Lessor's Reservations. (a) The Lessor reserves the right to designate the streets, routes
and parking facilities to be used as access to the Premises. (b) Lessor has the right to
inspect the Premises and to make any repairs or alterations of the Premises which the
Lessor may see fit to make, however, the Lessor's reservation of rights to make repairs or
alterations shall not void or diminish in any respect whatsoever the Lessee's obligations
to maintain the Premises.
5. Rent. On the date of the execution of this Lease, Lessee shall pay to the County the sum
of$7000.00 which represents the Total Rent (as defined herein and Exhibit B) due for the
first Lease Tenn which will increase three percent and in the amounts shown and in
accordance with the Rent Payment Schedule attached and incorporated herein as Exhibit
B. Rent is due for each subsequent Lease Tenn on the Is' day of April thereafter. Rent
payment includes an Improvement Fee based three percent of the rent. The Improvement
Fee is used by Lessor for repairs, maintenance and improvements to the areas or facilities
on the Fairgrounds other than parking. Rent also includes a Parking fee for 50 parking
spaces. These fees shall be used to maintain parking lot areas that are used primarily by
those using the Premises, however, any excess or remainder may be used by Lessor at
Lessor's discretion to maintain, improve or enhance other Fairgrounds' parking areas or
parking facilities. An Improvement Credit is subtracted from Rent based on the Lessor
and Lessee's agreed value of Improvements previously made to the Land less
depreciation.
6. Additional Rent. Additional Rent shall be paid as set forth as follows:
a. Non-User Event Fee. Lessee shall have no right to hold events or use the
premises other than as expressly permitted as set forth herein with advance notice
to and written consent from Lessor. (a) If the event or use involves ticket sales,
then Lessee shall pay the Lessor the greater of TEN (10%) PERCENT of gross
ticket sales or$1.00 per ticket sold; (b) If the event or use does not involve ticket
sales, then the County shall detennine an appropriate fee for the event or use and
set forth the fee in its written consent. (c) All such fees must be paid prior to the
event or use.
b. Lessee's Obligation to Pay Fees,Assessments,Taxes and Permits. Lessee shall
pay for all taxes, fees, assessments licenses,permits, excises or charges on
income, rentals or gross receipts imposed in lieu of, or partially in lieu of, taxes
and any other public charges levied or assessed by the Federal, State or Local
Governments upon real property, fixtures, personal property,equipment,
inventory, contents or Lessee's improvements or operation accrued during any
Lease Tenn, and will at all times, save Lessor harmless from all obligations for
the payment thereof. Payment shall be made in an amount based on a proportion
of square feet of the Premises let by Lessee and the amount of time the Premises
is occupied by the Lessee on a per diem basis.
c. Lessee's Obligation to Pay Utilities. Lessee shall be responsible for payment of
all utilities (including but not limited to gas, electric, solid waste, water and
sewer) required for the Premises during a Lease Tenn.
d. Insurance. Lessee shall pay for property insurance in an amount based on a
proportion of Lessor's overall premium to the amount of square feet of the
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Premises let by Lessee and the amount of time the Premises is occupied by the
Lessee on a per diem basis.
7. Advance Notice. The parties agree to notify the other, 30 days prior to, except for
emergency repairs, regarding any work that might disrupt the other party's right of use or
possession and to reasonable cooperate in good faith to minimize any disruptions or
interference.
8. Promotional Material. Lessee is allowed signage or promotional material located at the
premises as approved by Lessor, in writing, and which complies with all applicable law.
No signs are allowed on the Fairgrounds outside of the Premises without the Lessor's
prior written agreement.
9. Lessee's Obligation to Discharge Liens. Lessee shall maintain the premises free and
clear of and shall promptly discharge and pay all liens, mortgages, encumbrances,
assessments, claims or dues whatsoever arising, concerning or relating to Lessees' use
activities or possession.
a. In the event Lessee should allow any lien or encumbrance of any type or nature to
be placed upon the real property constituting the Premises and improvements
thereon and Lessee should fail, refuse or neglect to discharge, satisfy or remove
any such lien or encumbrance within FIFTEEN (15) DAYS of the notice of filing
of the same, Lessor may, at Lessor's option, declare a default of this lease. In the
event such a default is declared, Lessee shall have FIFTEEN(15)DAYS from the
date of service of written notice of default to pay, satisfy,discharge or remove any
such lien or encumbrance from the premises, and in the event Lessee fails to do
so, this lease will be breached and Lessor shall have all remedies provided for
herein. Lessor may, at Lessor's option, elect to pay, discharge, satisfy or remove
any such lien or encumbrance. Any money paid by Lessor in connection with the
payment,satisfaction,or litigation of any lien or encumbrance,plus all expenses
and attorney's fees incurred in connection therewith, shall be billed to Lessee by
Lessor on a monthly basis and shall be due and payable to Lessor within fourteen
(14)days after Lessee receives such bill. Any unpaid sums shall bear interest at
the rate of fifteen percent (15%)per annum until paid.
b. Lessor's remedy to pay, discharge, satisfy or remove any lien or encumbrance
placed upon the real property constituting the Premises and improvements thereon
is not exclusive, and Lessor may, at its option, exercise any and all other remedies
available at law or in equity to remove such lien or encumbrance,the cost of
which, including reasonable attorney's fees, shall be chargeable to and payable by
Lessee within FOURTEEN (14) DAYS of receipt of any bill for them.
10. Insurance Requirements. Lessee shall keep and maintain insurance at all times during
any Lease Term. Such requirement shall include insurance as specified in Exhibit C,
Insurance Coverage Requirements,attached and incorporated by reference.
11. Certificates of Insurance. Certificates of Lisurance and all certificates of all renewals
thereof, for all policies shall be delivered to the Lessor by Lessee within FIFTEEN (15)
DAYS prior to the commencement of the Lease term, and all renewals annually on or
before the anniversary date thereof. The Lease term will not commence until the proper
insurance documentation is received by Lessor. LESSEE SHALL PROVIDE WRITTEN
NOTICE TO LESSOR AT LEAST THIRTY (30) DAYS PRIOR TO CANCELLATION
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OF ANY INSURANCE POLICIES. All Certificates of Insurance shall name Gallatin
County, Montana as "additional insured"(CGL)or"loss payee as its interest shall
appear"(Property) ( Lessee's Policies shall be endorsed if necessary). Lessee's insurance
shall be primary and non-contributing.
12. Waiver of Subrogation. Without affecting any other rights or remedies, Lessee and
Lessor each hereby release and relieve the other, and waive their entire right to recover
damages(whether in contract or in tort) against the other, for loss of or damage to the
other arising out of or incident to the perils required to be insured against by the
provisions of this lease to the extent of the limits of any such policy. Lessee agrees to
give each insurance company which has issued coverage written notice of the terms of
said waiver immediately and shall have said insurance policies properly endorsed with a
waiver of subrogation. If Lessee does not do so, it waives any right to recovery for
damages caused by Lessor. Evidence of said waiver shall be forwarded to Lessor.
13. Indemnification. Lessee shall indemnify and hold harmless the Lessor from and against
any and all Liabilities arising from or in connection with all of the following: (a)the
Premises or any operations or activities thereon during any Lease Term and after said
term for so long as Lessee, or any person holding through or under Lessee, remains in
possession of the Premises, except to the extent such Liabilities arise out of Lessor's
negligence or misconduct; (b) any act,omission, negligence,or misconduct of Lessee or
any of Lessee's officers, directors, employees, partners, members, agents, contractors,
invitees,or sublessee's; (c) any accident, injury or damage(including death)occurring in,
at or about the Premises during the Lease Term and after said term for so long as Lessee,
or any person holding through or under Lessee, remains in possession of the Premises,
except to the extent such Liabilities arise out of the Lessor's negligence or misconduct;
(d) any breach or default by Lessee under this Lease; (e) any claims made by sublease's
during or after any Lease Term (including claims for return of security deposits and
prepaid rent), except to the extent such claims arise out of Lessor's negligence or
misconduct; and(f) any holdover by Lessee, or by any person(s)holding through Lessee,
after any term expires. If any action or proceeding is brought against Lessor by reason of
any such claim(s), Lessee upon notice from Lessor, shall resist and defend such action or
proceeding by counsel reasonably satisfactory to Lessor. As used in this paragraph
"Liabilities-means all losses, claims, suits, demands, costs, liabilities, and expenses,
including reasonable attorneys' fees, penalties, interest, fines,judgment amounts, fees,
and damages, of whatever kind or nature.
14. Lessee's Assignment and Sublease. The following provisions apply to assignments and
subleases:
a. Lessee shall not assign all or a portion of its interest in this lease or sublease any
portion of the premises without the prior written consent of the Lessor, which shall
not be unreasonably withheld. Revenues generated by any assignment or sublease
are subject to a Non-User Event Fee as set forth above. Alternately, at Lessor's
option,Lessor may require the execution of a new lease between Lessor and an
approved assignee, sub-lessee or purchaser. Regardless of Lessor's consent, any
assignment shall not be effective without the express written assumption by the
new Lessees, assignee,purchaser or sub-lessee of all terms, conditions and
/401\ obligations of this Lease.
Page 5 of 16
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b. Lessor may accept any rent or performance of Lessee's obligations from any person
other than Lessee pending approval or disapproval of an assignment. Neither a
delay in the approval or disapproval of such assignment nor the acceptance of any
rent or performance shall constitute a waiver or estoppel of Lessor's right to
exercise its remedies for the default or breach by Lessee of any of the terms,
covenants or conditions of this lease.
c. The consent of Lessor to any assignment or subletting shall not constitute a consent
to any subsequent assignment of subletting by Lessee or to any subsequent or
successive assignment or subletting by the sub-lessee. However, Lessor may
consent to subsequent sub-lettings and assignments of the sublease or any
amendments or modifications thereto without notifying Lessee or anyone else
liable on the lease or sublease and without obtaining their consent, and such action
shall not relieve such persons from liability under this lease or sublease.
d. In the event of any default or breach of Lessee's obligations under this lease, Lessor
may proceed directly against Lessee, assignee, sub-lessee, new Lessee or any other
entity responsible for the performance of the Lessee's obligations under this lease,
including the sub lessee, without first exhausting Lessor's remedies against any
other person or entity responsible therefore to Lessor, or any security held by
Lessor or Lessee.
e. Each request for consent to any assignment or subletting shall be in writing,
accompanied by information relevant to Lessor's determination as to the financial
and operational responsibility and appropriateness of the proposed assignee or sub
lessee, including but not limited to the intended use or required modifications of
the premises, if any, together with a non-refundable deposit of FIVE HUNDRED
($500.00) DOLLARS as reasonable consideration for Lessor's considering and
processing the request for consent. Lessee agrees to provide Lessor with such
other or additional information or documentation as may be reasonably requested
by Lessor.
f. The approval of any assignment or sublease by Lessor shall not relieve Lessee of
liability for the performance of all the terms and conditions of this lease.
15. Subordination and Lessor's Assignment. At the Lessor's option, this lease shall be and
is subordinated to any existing encumbrance covering the Premises, any extension or
renewal thereof, or to any new encumbrance which may be placed thereon from time to
time;provided, however, that every such encumbrance shall recognize the validity of this
lease in the event of a foreclosure of the Lessor's interest as long as the Lessee shall not
be in default under any of the terms of this lease. The Lessee shall execute whatever
instruments may be reasonably required to effect such subordination. Lessor may assign
this lease without consent of the Lessee and may, without notice to the Lessee, assign the
rent from this lease as security to secure an indebtedness incurred by Lessor.
16. Default. If Lessee defaults in the payment or accounting of rent or any additional rent
set forth herein and fails to pay it within three(3) days after written notice of the amount
of rent owing, or if the lessee defaults in the performance of any other term or condition
of this lease and fails to correct such default within the time specifically described herein,
or within ten(10)days if no time is prescribed, after written notice from Lessor
Page 6 of 16
describing the default, or receives three (3)notices of default for any and all other lease
violations within any three(3) months or less, lessee will be considered to have breached
this lease. In that event,Lessor shall have the right, besides other rights and remedies
Lessor may have,to:
a. Reenter the premises without demand or further notice, remove any property of
Lessee found on the premises, perform such maintenance and repairs as may be
required, and re-let the premises. Such property removed may be stored in a
public warehouse or elsewhere at the cost of and for the account of Lessee.
Reentry shall not release Lessee from the obligation to make the monthly rental
payments at the time and in the manner set forth herein. The proceeds derived
from any re-letting shall be applied first to the payment of any expenses incurred
in re-letting(including, but not limited to, remodeling or alteration expenses)then
to the payment of rents as they become due, and finally toward the fulfillment of
other terms and conditions of the lease. Lessee shall pay to Lessor any loss or
difference of rent for the remainder of the lease if Lessor shall retake possession
of the premises and is unable to re-let the same under the terms provided herein;
b. Terminate the lease, such termination to be effective TEN (10) DAYS following
the date of the written notice of intention to terminate is sent to Lessee. Should
Lessor at any time so elect to terminate this lease, such termination shall not
release Lessee from performance under the lease and, in addition to any other
remedies it may have, Lessor may recover from Lessee all damages incurred by
Lessor by reason of such breach, including the cost of recovering the premises,
and the difference, if any, between the rent and all other payments that would
have been due Lessor for the remainder of this lease and the payments Lessor
actually receives from any re-letting of the premises for the remainder of the tern
of this lease; or
c. Lessor may assign default fees in the amount of ONE HUNDRED ($100.00)
DOLLARS per instance of default, if Lessee has not cured default as listed above,
and Lessor does not choose to terminate this lease.
17. Insolvency of Lessee. Lessee agrees that in the event of all or substantially all of its
assets be placed in the hands of a receiver or trustee, or should Lessee make an
assignment for the benefit of creditors, or be adjudicated as bankrupt, or should Lessee
institute any proceedings under any state or federal bankruptcy law wherein Lessee seeks
to be adjudicated a bankrupt,or seeks to be discharged of its debts, Lessor may, at its
option, terminate this lease within TEN (10) DAYS after notice thereof. In the event of
such termination, this lease and any interest in and to the premises shall not become an
asset in any of such proceedings. If credits remain on the lease, these will be dissolved
and the Lessor will not be held liable for payment of these to Lessee.
18. Notice. A party wishing to change its designated address shall do so by notice in writing
mailed by certified mail to the other party. Rejection or other refusal to accept or the
inability to deliver because of changed address of which no notice was given shall not
affect the effectiveness of the notice given. Any notice required by this lease shall be
deemed received by the party to whom it is directed when such notice is personally
served or is deposited in the United States mail,mailed Certified or Registered mail,
return receipt requested, and addressed as follows: (a) To Lessor: Gallatin County
Page 7 of 16
Finance Director, 311 W. Main, Bozeman, Bozeman,MT 59715; (b)To Lessee:
Bozeman Baseball, Inc., PO Box 6054, Bozeman, MT 59771.
19. Remedies Cumulative. The remedies herein given to either party hereunder shall be
cumulative, and the exercise of any one remedy by either party shall not be to the
exclusion of any other remedy.
20. Destruction of the Premises. Should the Premises be destroyed by fire or other casualty
and if in the judgment of Lessor, restoration of the Premises within a period of six (6)
months from the date of the damage is possible, Lessor shall restore the Premises
provided adequate insurance proceeds are available. Lessee shall make such insurance
proceeds available to in accordance with insurance obligations forth herein. If the
Premises are unusable, in whole or in part, during such restoration, any rents hereunder
shall be proportionately abated to the extent and for the period that the Premises are
unusable. Notwithstanding the foregoing, if any such damage or destruction is the fault
of Lessee, Lessee shall not be entitled to any abatement rent. If restoration is not possible,
in the judgment of Lessor within the foresaid six month period, Lessor shall notify
Lessee, and either Lessor and Lessee shall have the right to terminate this Lease by
giving written notice thereof to the other party. In which event this Lease and the
tenancy hereunder shall terminate as of the date of such damage or destruction and any
rent shall be apportioned as of the date of such damage or destruction. If neither party
exercises its right of termination,the Premises shall be restored as provided above.
21. End of Lease Term. At the expiration of any Lease Term or such earlier date that this
Lease terminates or expires, Lessee shall peaceably and quietly surrender the Premises to
Lessor vacant,broom clean, in good order,condition and repair excepting reasonable
wear and tear and damage that is not Lessee's obligation to repair and with all Lessee's
Trade Fixtures and personal property removed. Any personal property or Trade Fixtures
of Lessee which shall remain on the Premises at the expiration of any Lease Term or such
earlier date that this Lease terminates or expires, may, at the option of Lessor,be deemed
to have been abandoned and either may be retained by Lessor as its property or be
disposed of,without accountability, in such manner as Lessor may see fit. Lessee shall
reimburse Lessor, for all costs and expenses incurred by Lessor in connection with
disposing of such property.
22. Compliance with the Law Lessee shall at its sole cost,comply with any and all laws,
governmental regulations, and requirements pertaining to the use of the Premises, and
shall likewise be solely responsible, at its own cost, for any and all licenses and permits
required for Lessee's proper use of the Premises, from all governmental or regulatory
entities and Lessee shall indemnify, hold harmless and defend Lessor from any
compliance issues or violation of any rules, laws, codes or ordinances including payment
of any civil, administrative or criminal penalties,damages,judgments, liabilities or
claims whatsoever together with Lessor's attorney's fees. Such legal compliance shall
include ensuring that the physical configuration of the Premises based on Lessor's
improvements and the use of the Premises during any lease term comply in all respects
complies with the requirements of the Americans With Disabilities Act and all
environmental laws including the handling and disposal of any hazardous substance.
Lessee acknowledges Lessor's status as a political subdivision of the State of Montana
which could affect Lessee's uses and restrictions regarding the Premises.
Page 8 of 16
23. Construction and Alteration Approval. Lessee shall not commence or cause any
Alteration by means of construction, installation, erection, alteration, modification or
addition to any buildings, grounds or structures(herein collectively referred to as
"construction") without the prior written consent of the Lessor. All construction shall be
in a workmanlike manner in accordance with all applicable laws,codes and ordinances.
All costs and expenses of any construction shall be Lessee's obligation.
24. Maintenance and Repairs. (a) Lessee, at Lessee's sole cost and expense, shall
maintain the Premises,perimeter fences and any buildings in condition that is reasonably
safe, sanitary, clean and free of debris. (b) Lessee, at Lessee's sole cost and expense,
shall maintain and repair all buildings on the Premises such that the same are structurally
sound and in good working order and condition, including without limitation roofs,
ceilings, supports, footings, foundations, walls, floors, gutters, down spouts,heating,
ventilating, air conditioning, boilers, equipment, wiring, lighting, fixtures, appliances,
plumbing, windows. (c) Lessee shall be responsible for lighting replacement at its own
cost and expense. (d) Lessee shall have no right whatsoever to charge maintenance and
costs of repairs to Lessor. (e) In the event that the Lessee fails to timely cause such
repairs,maintenance and replacements to be made,the Lessor shall not be responsible for
any loss or damage that may accrue to Lessee by reason thereof. If Lessee fails to
perform maintenance and repairs as required, then in addition to other remedies provided,
including holding Lessee in default, Lessor may enter the premises and perform the
maintenance and repairs and charge the Lessee the reasonable costs and expenses as
added rent.
25. Abandoning Premises or Personal Property. (a) Lessee shall not vacate or abandon
the premises during a Lease Term, nor shall it cease to operate its affairs on the Premises.
Abandonment, vacating, or ceasing operations shall be a default of this lease. If Lessee
does vacate or abandon the premises or is dispossessed by process of law, or ceases
operation, any personal property or Trade Fixtures belonging to Lessee and left on the
premises shall be deemed abandoned at the option of Lessor and may become the
property of Lessor at its option.
26. Surrender and Holding Over. Lessee shall surrender the Premises to Lessor on
expiration of any Lease Term or termination of the lease as provided for herein. At the
time of surrender, the Premises shall be in the same condition as found or originally were
completed by Lessee, with the exception of any alterations approved by the Lessor,
normal wear and tear excepted. Lessee shall not make any claim in the Premises against
the interest of Lessor, and if Lessee holds the premises after expiration or termination of a
Lease Term, a tenancy from day to day shall be created thereby at a daily rental based on
the reasonable fair rental rate payable in advance. The acceptance of this daily rental by
the Lessor will not extend any Lease Term or this lease.
27. Attorney's Fees. The prevailing party in any dispute arising under the terms and
conditions of this Lease may be entitled to an award of reasonable attorney's fees
(including that of in-house or government counsel) in the discretion of the court.
28. Lessor's Transfer. If Lessor should sell or otherwise transfer its ownership of the
premises upon an undertaking by the purchaser or transferee to be responsible for all of
the covenants and undertakings of the Lessor herein, Lessee agrees that Lessor shall
Page 9 of 16
thereafter have no liability to the Lessee under the lease except for liabilities that might
have occurred prior to the date of such sale or transfer.
29. Time of Essence. Time is of the essence with respect to the performance of every
provision of this lease, and the strict performance of each shall be a condition precedent
to Lessee's rights to remain in possession of the premises or to have this lease continue in
effect.
30. Force Majeure. In the event that either party shall be delayed or hindered or prevented
from the performance of any act required hereunder by reason of any strike, lock-out,
civil commotion,war-like operation, invasion, rebellion, or riot,hostility, military,or
usurped power, sabotage, governmental restrictions, or regulations or for any other cause
beyond the control of the Lessor or Lessee, the performance of such act shall be excused
for the period of the delay and the period for the performance of any such act shall be
extended for the period necessary to complete performance after the end of the period of
such delay.
31. Lessee's Access to Premises. Lessee agrees to close, Iock and secure all doors and gates
of the Fairgrounds as designated by Fairgrounds management and all other exterior
doors of buildings occupied by the Lessee at hours outside the normal Fairgrounds
operations and will indemnify and hold harmless Lessor for any loss suffered and
incurred thereby.
32. Interference. Lessee shall not use the Premises in any way which interferes with the use
of the property located near the Premises on the Gallatin County Fairgrounds, including
any improvements to the Premises or Gallatin County Fairgrounds after the
commencement of this Lease. Lessor shall have the same obligation to not interfere with
Lessee's use of the premises. Such interference shall be considered a material breach of
this Lease and, upon notice the offending party shall be immediately responsible for
terminating said interference. In the event that such interference does not cease promptly,
the parties acknowledge that continued interference may cause irreparable injury and
therefore, a party shall have the right, in addition to any other rights that it may have at
law or in equity,to bring an action to enjoin such interference or to terminate this Lease
immediately.
33. Covenant for Further Assurance. Lessor and Lessee covenant, each with the other,
their respective heirs,personal representatives, and assigns,that when and so often as
may be necessary, the parties, their heirs, personal representatives and assigns,will
execute such documents, do such things, and give such assurances as may be reasonably
required to perfect the implied and expressed covenants, warranties and conditions herein
set forth, reserved and contained to be kept and performed on the part of the parties
hereto.
34. Interpretation. This lease shall be deemed to be made and shall be construed in
accordance with the laws of the State of Montana. Whenever the context of this lease so
requires, the singular shall include the plural, the plural shall include the singular, the
whole shall include any part thereof, and any gender shall include all other genders.
35. Severability. In the event any one or more of the provisions of this lease and agreement
as herein set forth, reserved and contained are found and determined to be unenforceable
by a court of competent jurisdiction, or through the act or actions of the Legislature of
this State,the remaining provisions of this agreement shall nevertheless continue in full
Page 10 of 16
force and effect and be binding on the parties hereto, their heirs,personal representatives,
and assigns.
36. Integration. This Lease, including any attached exhibits, is the entire integrated
agreement between the parties. This Lease supersedes all prior and contemporaneous
leases, oral or written promises, representations or negotiations of the parties. No
alterations, modifications, or additions to this lease shall be binding unless reduced to
writing and signed by the parties to be charged herewith.No covenant, term, or addition
to this Lease shall be deemed waived by Lessor and Lessee unless such waiver shall be
reduced to writing and signed by Lessor and Lessee.
37. Counterparts. It is agreed and understood by and between the parties hereto that this
Lease may be executed by one original to be filed with the Gallatin County Clerk and
Recorder. An unaltered copy of the original shall be deemed an original document.
38. Waiver. It is agreed and understood by and between the parties hereto that a waiver by
the Lessor or Lessee of any breach of any term, covenant or condition herein set forth,
reserved and contained to be kept and performed on the part of the Lessee shall not act as
a bar or a precedent, nor shall any of the other terms, covenants and conditions herein set
forth,reserved and contained,to any subsequent action by Lessor.
39. Authority. Each individual executing this lease on behalf of Lessee represents and
warrants that he or she is duly authorized to execute and deliver this lease on its behalf.
Within thirty(30)days after request by Lessor, Lessee will deliver to Lessor evidence
satisfactory to Lessor of such authority.
40. Representatives. Lessor names the Gallatin County Finance Director and Lessee names
its President as contact person who shall receive and examine the documents supplied by
the other party, act as liaison and respond to requests from the other party to prevent
unreasonable delay.
41. Caption Headings. The caption headings in this lease and agreement are for
convenience only and do not apply to, or affect, the construction or interpretation of any
of the terms hereof.
42. Binding Effect. All of the terms,covenants and conditions herein set forth, reserved and
contained on the part of the parties to be kept and performed shall be binding upon and
inure to the benefit of, and be enforceable by the heirs, assigns and personal
representatives of the parties hereto.
43. Emergency Access and Access. In case of an emergency, if Lessee shall not be present
to permit entry to the premises, Lessor or its representatives may enter the same forcibly
without rendering Lessor or its representatives liable therefore or affecting Lessee's
obligations under this lease. Lessor upon reasonable notice to Lessee may enter the
Premises for the stated purpose in said notice.
44. Status of Parties. Neither the method of computation of rent nor any other provision of
this lease shall be deemed to create any relationship between the parties hereto other than
that of Lessor and Lessee.
45. No Offer Express or Implied. Transmittal of this lease to Lessee shall not constitute an
offer express or implied. Lessor shall not be bound to this agreement, and Lessee shall
have no right of possession or use, unless and until the following conditions precedent
have occurred or been satisfied: (a) Lessor receipt of insurance policies or certificates of
Page 11 of 16
insurance satisfactory to Lessor;(b) Lessee has tendered to Lessor rent payment due in
accordance with payment schedule and any amounts owing from any previous lease or
holdover period; (c) Lessor has executed the Lease; and(d) the fully executed Lease has
been returned to Lessee and filed with the Clerk and Recorder.
46. Fairgrounds Policies Compliance. Lessee shall comply with Fairgrounds policies and
any amendments thereto regarding use of premises and events including requirements for
security,police,alcohol sales,vendor license and insurance requirements, parking fees
and access during any Fairgrounds event all of which are incorporated by reference as
additional terms and conditions herein. Lessee acknowledges receipt and review of
current Fairgrounds policy documents and is solely responsible for obtavting any
amendments thereto.
LESSOR LESSE
latin County, Montana Bozem aseball, Inc.
Chair, Board o County Commissioners President
ATT T: ATTEST:
Clerk and Recorder Sec•etary
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Page 12 of 16
Exhibit A
Premises Description
A portion of the Gallatin County Fairgrounds shown on the map attached hereto as Exhibit
A in Imes Addition to the City of Bozeman, Section 6,US, R6E, MPM Gallatin County,
Montana
Exhibit B
Rent Payment Schedule
Lease Term Rent+ Improvement Total Rent Parking
Improvement Credit Owed for
Fee Lease Term
1 (2014) 30,000 23,000 7000 379
2 (2015) 30,900 23,690 7300 384
3 (2016) 31,827 24,401 7600 400
4(2017) 32,782 25,133 7900 417
5(2018) 33,765 25,887 8200 434
'q 6(2019) 34,778 26,663 8500 451
7(2020) 35,822 27,463 8800 469
8 (2021) 36,896 28,287 9100 487
9(2022) 38,003 29,136 9500 512
10 (2023) 39,143 30,010 10000 542
1. Total Rent Owed For Lease Term includes the Parking Fee which is identified in this schedule for Lessor's
internal calculations.
I�1
Page 13 of 16
Exhibit C
Insurance Coverage Requirements
A. Property damage coverage. Coverage for all Lessee's personal property,Trade Fixtures
and Lessee owned contents of the Premises.
B. Commercial general liability coverage. This requirement may be satisfied by primary
insurance or a combination of primary and umbrella insurance. Any deductibles shall be
commercially reasonable and paid by the Lessee, including:
(1) Bodily Injury and Property Damage
(2) $1.5 Million Per Occurrence and Aggregate
Coverage to include(Lessee is obligated to provide proof of coverage):
(1) Premises Operations
(2) Products and Completed Operations
(3) Personal Injury
(4) Contractual
(5) Operations of Independent Contractors
(6) Recreational activities
(7) Special events
(8) Amateur athletic events
(9) Team sports and sporting events,with participant and spectator coverage.
C. Commercial automobile liability for all owned, hired and non-owned automobiles:
(1) Bodily Injury and Property Damage
(2) $1.5 Million Per Occurrence and Aggregate
D. Workers'Compensation (Coverage A and B):
(1) Montana Statutory Amounts
(2) Proof of exemption there from shall be acceptable to fulfill this requirement.
Employer's Liability:
(1) Montana Statutory Amounts
(2) Proof of exemption there from shall be acceptable to fulfill this requirement.
Page 14 of 16
Exhibit D
Special Terms and Conditions
1. The parties agree that the following shall be considered Trade Fixtures pursuant to the terms
and conditions of this Lease:
A. Lessor and Lessee do not consider any Trade Fixtures to be located on the Premises. If
Lessee locates any Trade Fixtures on the Premises it shall put Lessor on immediate notice in
writing.
2. The parties agree that some of the Lessee's personal property and Trade Fixtures may be
stored on the Premises during any Interim Period but only pursuant to the terms of a separate
written agreement. Such agreement must include adequate property insurance to cover the value
of the personal property and Trade Fixtures.
3. It is understood by the parties that no later than February 15 of any year Lessee will present a
schedule of events to the Lessor. No later than March 15 of any year the parties will meet and
confer and agree to a schedule for the upcoming Lease Term. If any changes to the schedule are
made by Lessee it shall immediately notify Lessor who shall approve such change in writing. If
any use is made by Lessee during the annual County Fair, Lessee shall pay Lessor and addition
fee of$100.00 per day of use.
4. No later than the first day of any Lease Term, Lessor and Lessee will inspect the Premises
and mutually execute a written statement regarding the condition of the Premises. Both Lessor
and Lessee have an obligation to mutually prepare a written statement. If either party does not
participate in mutually preparing a written statement then the other may unilaterally prepare it
and present it no later than the first day of any Lease Term.
5. In exchange for the ability to operate concessions on the Premises during any Lease Term
without additional cost to Lessee, Lessee shall be responsible for continued maintenance of the
baseball playing surface on the Premises during any Interim Period in the same manner and
quality as it is maintained during a Lease Term. Lessor will not damage the baseball playing
surface during any Interim Period and shall consult with Lessee regarding any use thereof in
order to avoid damage.
6. During any Interim Period Lessor shall not lease or license any entity or individual to use the
Premises for youth amateur baseball practices and games without the consent of Lessee.
Consent shall not be unreasonably withheld by Lessee.
7. Nothing set forth in this Lease shall prevent Lessee from leasing or licensing the Premises for
any duration during any Interim Period under existing rates and policies set by the Gallatin
County Fairgrounds. Lessor acknowledges that Lessee will enter into any such lease or license
directly with the Gallatin County Fairgrounds management in any Interim Period.
8. In the event Lessor enters into an exclusive vendor agreement for alcohol, soda, or other
concession items Lessee may choose,but is not required, to use the designated vendor.
Page 15 of 16
9. Lessee acknowledges that Lessor may construct certain infrastructure and trails in a location
on the Premises outside of outfield fences of the baseball playing surface which shall not
unreasonably infringe on the Lessee's current use of that portion of the Premises.
10. During any Lessee Term Lessee shall be exempt from any Fairgrounds policy regarding
security,police, alcohol sales,vendor license and insurance requirements, provided that, Lessee
shall abide by all relevant law pertaining to the sale of alcohol on the Premises as well as provide
proof of Liquor Liability Insurance in the amount of$1.5 Million Per Occurrence and Aggregate.
Lessee specifically acknowledges applicability of Fairgrounds policies pertaining to security,
police, alcohol sales,vendor license and insurance requirements if it at any time it leases the
Premises during any Interim Period or if it subleases the Premises.
Page 16 of 16
Baseball Lease Exhibit A
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GENERAL LEASE PROVISIONS
The Gallatin County Fairgrounds recognizes and is in compliance with the State of Montana Governmental Code of Fair Practices Act(MCA Title 49)
49-3-205,"Governmental Services. (1)All services of every state or local governmental agency must be performed without discrimination based upon race,
color, religion,creed,political ideas.sex,age,marital status, physical or mental disability,or national origin."
This Lease Agreement("Lease"). made and entered into as of the date set forth in the attached Application,which is incorporated by reference herein.
between Gallatin County.Montana through the Gallatin County Fair Board("OWNER")and"TENANT." THEREFORE,in consideration of the rents reserved
and the covenants hereinafter set forth or attached and referenced herein,it is agreed as follows:
1. EQUAL OPPORTUNITY. No part of this contract may be performed in a manner which discriminates against any person on the basis of race, color,
religion, creed, political ideas, sex, age, marital status. physical or mental disability, or national origin by person performing the contract.Any hiring must be
on the basis of merit and qualifications directly related to the requirements of the particular position being filled. Sections 49-2-303 and 49-3-207,MCA,
2. TERM.OWNER does lease to the TENANT the use of the premises on the Gallatin County Fairgrounds described as set forth in the Application for the
purposes set forth therein. TO HAVE AND TO HOLD the same for a term set forth in the Application("lease term").
3. POSSESSION. Possession date of the premises shall be upon the dates and terms set forth in the Application and shall continue throughout lease
term, barring any default or termination by either party hereto. TENANT acknowledges its possession is nonexclusive and subject to rights of any other
person or entity under the United States and Montana constitutions.
4. RENT. During the term of the lease,TENANT shall pay rent to the OWNER as set forth in the attached Application.
5. TAXES AND OTHER CHARGES. TENANT will pay for all taxes, assessments licenses, permits. excises or charges on income, rentals or gross
receipts imposed in lieu of.or partially in lieu of taxes and any other public charges levied or assessed by the Federal. State or Local Governments and will
at all times save OWNER harmless from all obligations for the payment thereof.
6. IMPROVEMENTS. TENANT shall not make any alterations, additions or improvements to the premises without the prior consent of the OWNER,
except for installation of unattached, movable objects which may be installed without drilling, cutting or otherwise defacing the premises. TENANT shall be
solely responsible for the repair and restitution needed to restore the affected premises to its original condition.
7. USE OF PREMISES AND RESTRICTIONS THERETO. TENANT shall have the use of the premises for the purposes stated herein. TENANT shall at
its sole cost, comply with any and all laws, governmental regulations, and requirements pertaining to the use of the premises, and shall likewise be solely
responsible.at its own cost.for any and all licenses and permits required for TENANT'S proper use of the premises,from all govemmental and/or regulatory
entities. TENANT agrees to indemnify and hold harmless OWNER from any and all claims, liabilities, damages, and judgments, plus all and expenses
(including OWNER'S reasonable attorney's fees), suffered or incurred by OWNER in connection with any involving the premises related to compliance with
the law.
TENANT will make no other use of the premises without the written consent of OWNER, and will not during the lease term permit the same to be used
for any illegal or immoral purposes, businesses or occupations. TENANT shall not commit or suffer to be committed. any waste upon the premises to be
used or occupied.nor do or permit anything to be done on the premises that will constitute a public or private nuisance. TENANT must operate its business
on the premises in a businesslike. first class manner TENANT will not conduct its business in a manner that will cause discredit, harm or loss to any
operations conducted by the OWNER and its TENANTS,vendees or assigns.
8. REPAIRS AND MAINTENANCE. Any repairs or maintenance caused, required or necessitated to the premises through the fault of the TENANT or its
agents.customers. invitees,independent contractors, or employees shall be paid by the TENANT. TENANT shall keep the premises in a clean and sanitary
condition TENANT shall maintain the premises in as good and safe state of condition as exists at the time TENANT takes possession, reasonable wear
and tear excepted.
9. WEAPONS.
A. The carrying or possession of a weapon in or on the Gallatin County Fairgrounds is prohibited unless authorized by the Fair Board. Carrying or
possessing"toy"weapons is also prohibited.
B. WEAPONS OF ANY KIND MAY NOT BE SOLD unless authorized by the Fair Board. This includes dirk, dagger, pistol, revolver, rifle, shotgun,
firearm,slingshot,sword cane. billy. knuckles made of any metal or hard substance,knife having a blade 4 inches long or longer. razor, not including safety
razors,other deadly weapon or destructive device or any"toy'that simulates any of the above.
10. LIABILITY OF OWNER AND INDEMNIFICATION. TENANT waives all claims against OWNER for damages to goods or for injuries to persons on or
about the premises from any cause arising at any time,except negligence of OWNER. TENANT will indemnify and hold OWNER harmless on account of all
judgments, costs. attorney's fees and expenses arising from any claims, actions, causes of actions, damage or injury to any person, including death, or to
the goods of any person, or damage to the premises, arising from the use of the premises by TENANT or anyone else other than OWNER, or arising from
the failure of TENANT to keep the premises in good condition, or from any breach or default in the performance of any obligation on OWNER'S part, as
provided herein. The indemnity provision herein is intended to be a full indemnity for the OWNER regardless of any statutory enactments on comparative
negligence. In the case of such claim, action, damage or injury, TENANT, upon notice from OWNER, shall defend the same at OWNER'S expense with
counsel satisfactory to OWNER. Neither party shall be liable to the other party for any damage by or from any act or negligence by adjoining or contiguous
TENANT'S. Nothing contained herein shall be deemed to limit the claims or causes of action which either OWNER or TENANT may have against third
parties for damage arising from the act or negligence of said third parties. TENANT agrees to pay for all damages to the premises. as well as all damage or
injury suffered by TENANT'S or occupants thereof,caused by misuse or neglect of the premises by TENANT.
11. OWNER'S ASSIGNMENT AND SUBLEASE. TENANT shall not have the right to assign all or a portion of its interest in this lease or to sublease any
portion of the premises without the prior written consent of the OWNER,which may or may not be granted.The approval of any assignment or sublease by
OWNER shall not relieve TENANT of liability for the performance of all the terms and conditions of this lease. Regardless of OWNER'S consent. any
assignment shall not be effective without the express written assumption by such assignor of the obligations of the TENANT under the lease.
12. REMEDIES CUMULATIVE. The remedies herein given to either party hereunder shall be cumulative, and the exercise of any one remedy by either
party shall not be to the exclusion of any other remedy.
13, OWNER TO HAVE ACCESS. The TENANT shall allow the OWNER or its duly authorized representative free access to the premises hereby leased
for the purpose of examining the same, or to make any needful repairs or alterations of the premises which the OWNER may see fit to make. TENANT
realizes that usage is not exclusive to TENANT,and that others.including OWNER,may require access to the premises with no notice to TENANT
14. REMOVAL OF FIXTURES AND EQUIPMENT. OWNER agrees that at the time of termination of this lease, TENANT may remove all of TENANT'S
personal property from the premises, but that in doing so, TENANT shall be obligated to repair any damages to the structure of the building caused by the
removal and shall restore the premises to the condition they were in at the time of occupancy,reasonable wear and tear excepted.
TENANT shall be required to pay additional rent for any period during which such fixtures and/or equipment remains in the premises after termination of
the lease term. TENANT shall pay all costs of moving or storing its fixtures and/or equipment paid by OWNER follovring the expiration or termination of this
lease.
15. ABANDONING PREMISES OR PERSONAL PROPERTY. TENANT shall not vacate or abandon the premises at any time during the lease term.
Abandonment, vacating, or ceasing operations shall be a default of this lease. If TENANT does vacate or abandon the premises or is dispossessed by
process of law,or ceases operation of its business.any personal property belonging to TENANT and left on the premises shall be deemed abandoned at the
option of OWNER and shall become the property of OWNER.
F:\WINWORDIFILES\FORMS-FG\CONTRACT FORMS FAIRGROUNDS-CURRENTIGENFR.AL LEASE PROVISIONS WITH INSURANCE CLAUSE-updated
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16. ATTORNEY'S FEES. If any legal action is pursued by OWNER.TENANT shall pay to OWNER a reasonable attorney's fee which shall be fixed by the
court,and such attorney's fee shall be deemed to have accrued on the commencement of the action and shall be paid upon successful completion of such
action by OWNER.TENANT shall be entitled to attorney's fees in the same manner if judgment is rendered for TENANT.
17 ACCORD AND SATISFACTION. No payment by TENANT or receipt by OWNER of a lesser amount than the rent herein stipulated shall be deemed to
be other than on account of the earliest stipulated rent,nor shall any endorsement or statement on any check or any letter accompany any check or payment
as rent be deemed an accord and satisfaction. and OWNER may accept such check or payment without prejudice to OWNER'S right to recover the balance
of such rent or pursue any other remedy in this lease provided.
18 TIME OF ESSENCE. Each of OWNER'S covenants herein is a condition,time is of the essence with respect to the performance of every provision of
this lease,and the strict performance of each shall be a condition precedent to OWNER'S rights to have this lease continue in effect.
19. FORCE MAJEURE. In the event that either party shall be delayed or hindered or prevented from the performance of any act required hereunder by
reason of any strike, lock-out, civil commotion, war-like operation, invasion. rebellion, or riot, hostility, military. or usurped power, sabotage, governmental
restrictions,or regulations,or the inability to obtain any services,materials,or financing,or for any cause beyond the control of the OWNER or TENANT.the
performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for the period
necessary to complete performance after the end of the period of such delay.
20. OWNER'S ACCESS TO PREMISES. TENANT agrees to close.lock and secure all doors and gates and other related access points when utilizing the
premises and will indemnify and hold harmless OWNER.its TENANT'S.assigns and agents for any loss suffered and incurred thereby.
21, INTERFERENCE. TENANT shall not use the premises in any way, which interferes with the use of the premises by OWNER, including interference.
which OWNER may place upon the premises after the commencement of this Lease. OWNER shall deem such interference a material breach of this Lease
by the TENANT. and TENANT shall. upon notice from OWNER. be responsible for immediately terminating said interference. In the event that such
interference does not cease promptly, the parties acknowledge that continued interference may cause irreparable injury and therefore. OWNER shall have
the right, in addition to any other rights that it may have at law or in equity, to bring an action to enjoin such interference or to terminate this Lease
immediately.
22 ENVIRONMENTAL LAWS. TENANT represents,warrants and agrees that it will conduct its activities on the premises in compliance with all applicable
federal, state and local environmental or natural resource laws, rules, regulations, ordinances. judicial or administrative decrees, orders. decisions,
authorizations or permits.TENANT agrees to defend,indemnify and hold OWNER harmless from and against any and all claims,causes of action.demands
and liability including but not limited to.damages.costs, expenses, assessments. penalties, losses,judgments and attorney's fees that OWNER may suffer
due to the existence or discovery of any hazardous substance on or around OWNER'S property that relate to or arise from OWNER'S activities on the
premises.
23 WORKERS COMP. TENANT must provide Workers Compensation for all employees in the amount required by Montana law.
24. LIENS. TENANT will, during the term of this lease, keep the real property constituting the premises and improvements thereon free and clear of any
and all liens.mortgages or other encumbrances. OWNER may exercise any and all remedies available at law or in equity,including declaration of default of
this lease,to remove such lien or encumbrance,the cost of which. including reasonable attorney's fees,shall be chargeable to and payable by TENANT.
25. INSURANCE. TENANT shall carry commercial general liability insurance acceptable to OWNER at the time of completion of the Application. Certificates of
Insurance evidencing the above and anv other insurance requirement herein naming "Gallatin County. Montana" as additional insured must be supplied
before the lease term. Any insurance carried by TENANT shall include no exclusions related to toxic substances or hazardous waste. TENANT shall put OWNER
on immediate notice of any changes or cancellation in coverage. By entering this lease, TENANT acknowledges its responsibility to insure all of its own
personal property which will be located on the premises. Anyone serving alcohol must provide proof of liquor liability insurance.
26. MISCELLANEOUS TERMS:
A. COVENANT FOR FURTHER ASSURANCE. OWNER and TENANT covenant.each with the other.their respective heirs, personal representatives,
and assigns.that when and so often as may be necessary.the parties, their heirs, personal representatives and assigns, will execute such documents,do
such things.and give such assurances as may be reasonably required to perfect the implied and expressed covenants,warranties and conditions herein set
forth,reserved and contained to be kept and performed on the part of the parties hereto.
B.INTERPRETATION. This lease shall be deemed to be made and shall be construed in accordance with the laws of the state of Montana.Whenever
the context of this lease so requires.the singular shall include the plural, the plural shall include the singular, the whole shall include any part thereof. and
any gender shall include all other genders. All actions resulting from entrance into this lease shall be filed in Gallatin County,Montana.
C.SEVERABILITY. In the event any one or more of the provisions of this lease and agreement as herein set forth. reserved and contained are found
and determined to be unenforceable by a court of competent jurisdiction, or through the act or actions of the Legislature of this State, the remaining
provisions of this agreement shall nevertheless continue in full force and effect and be binding on the parties hereto, their heirs, personal representatives,
and assigns.
D. INTEGRATION. This Lease. including any attached exhibits. Applications and Rules is the entire integrated agreement between the parties. This
Lease supersedes all prior and contemporaneous oral or written promises, representations or negotiations of the parties. No alterations modifications, or
additions to this lease shall be binding unless reduced to writing and signed by the parties to be charged herewith. No covenant, terrn, or addition to this
Lease shall be deemed waived by OWNER and TENANT unless such waiver shall be reduced to writing and signed by OWNER and TENANT.
E. WAIVER. It is agreed and understood by and between the parties hereto that a waiver by the OWNER or TENANT of any breach of any term,
covenant or condition herein set forth. reserved and contained to be kept and performed on the part of the TENANT shall not act as a bar or a precedent,nor
shall any of the other terms,covenants and conditions herein set forth.reserved and contained.to any subsequent action by OWNER.
F.AUTHORITY. Each individual executing this lease on behalf of TENANT represents and warrants that he or she is duly authorized to execute and
deliver this lease on its behalf.
G. UNPAID CHECKS. If any check from TENANT is returned to OWNER unpaid due to insufficient funds, TENANT will pay to OWNER an
administrative fee of Thirty and No/100 Dollars ($30.00) and OWNER may. upon written notice to TENANT, require TENANT thereafter to make all
payments due pursuant to this lease by cashier's check or money order.
H.CAPTION HEADINGS. The caption headings in this lease and agreement are for convenience only and do not apply to, or affect,the construction
or interpretation of any of the terms hereof.
I. BINDING EFFECT. All of the terms, covenants and conditions herein set forth. reserved and contained on the part of the parties to be kept and
performed shall be binding upon and inure to the benefit of,and be enforceable by the heirs,assigns and personal representatives of the parties hereto.
J.EMERGENCY ACCESS. In case of an emergency, if TENANT shall not be present to permit entry to the premises. OWNER or its representatives
may enter the same forcibly without rendering OWNER or its representatives liable therefore or affecting OWNER'S obligations under this lease.
K.STATUS OF PARTIES. Neither the method of computation of rent nor any other provision of this lease shall be deemed to create any relationship
between the parties hereto other than that of OWNER and TENANT
L. REMOVAL FROM PREMISES. TENANT SPECIFICALLY ACKNOWLEDGES THAT BREACH OF ANY TERM. COVENANT OR CONDITION
HEREIN SHALL BE CAUSE FOR THE IMMEDIATE REMOVAL FROM THE PREMISES AND THE GALLATIN COUNTY FAIRGROUNDS.
M. LIMITED USE. Notwithstanding separate arrangements for other overnight lodging on the Gallatin County Fairgrounds such as RV spaces, this
lease shall be limited to the intended use of the premises and not for any overnight or living accommodations
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GALLATIN COUNTY FAIRGROUNDS RULES
THESE RULES WILL BECOME A PART OF EVERY CONTRACT OR AGREEMENT, VERBAL OR
WRITTEN, INVOLVING USE OF THE FAIRGROUNDS. THE GALLATIN COUNTY FAIR BOARD
RESERVES THE FINAL AND ABSOLUTE RIGHT TO INTERPRET THESE RULES AND SETTLE AND
DETERMINE ALL MATTERS, QUESTIONS AND DIFFERENCES IN REGARD THERETO,
CONNECTED WITH OR INCIDENTAL TO THE FAIR; ALSO TO AMEND OR ADD TO THESE RULES
AS MAY SEEM ADVISABLE TO THE FAIR BOARD.
I. HOURS OF OPERATION
1. The Fairgrounds will be open from S:OOAM to 10:OOPM Sunday through Saturday. Hours may vary to
accommodate events at the discretion of the Fair Board.
2. All evening events must be concluded by 10:OOPM unless other arrangements are made with the Fair
Management in writing and all persons must leave Fairgrounds no later then 1:OOAM. Fairgrounds gates will
be locked at that time.
3. Events scheduled on holidays will be subject to additional charges for staff time.
II. USE OF PREMISES
1. Applicant/TENANT shall have the use of the premises for the purposes stated in the Lease Application. The
Applicant/TENANT and its employees,agents,guests and invitees shall abide by all state,federal and local law
and ordinances
2. Applicant/TENANT shall be solely responsible,at its own cost,for any and all licenses and permits required for
TENANT'S proper use of the premises,from all governmental and/or regulatory entities
III. GENERAL RULES
1. The Gallatin County Fair Board ("Fair Board") and its agents reserve the right to interpret these rules
and regulations and to settle and determine all matters, questions and differences in regard thereto,
arising out of and not covered by them. "Fairgrounds"and "facility" means any real and personal
property under the control of the Gallatin County Fair Board by and through Gallatin County.
2. The Fair Management reserves the right to exclude from the grounds, any person or persons whom it
may deem undesirable or offensive.
3. Gallatin County, its Fair Board and agents shall not be responsible in any way for supplies, materials,
animals, equipment or personal belongings that may be damaged or lost by fire, theft, accident or
otherwise.
4. Speed limit on Fairgrounds is 15 mph.
5. Driving is limited to designated roadways.
6. Except where necessary to avoid conflict with other traffic or in compliance with the directions of a
peace officer, no person shall stop, stand or park a vehicle:
a. In a fire lane.
b. On the midway.
c. In any place where the Fair Board has prohibited, regulated or restricted parking for the welfare of
the general public or for proper use of the Fairgrounds.
d. Any person violating these rules is subject to a City parking fine and the vehicle subject to
removal and impoundment by the Fairgrounds and the person violating the rules shall pay the
actual cost of such removal and impoundment.
7. Livestock is allowed only in barn and arena areas.
8. Horseback riding is limited to the barn and arena area. Horses are to be ridden at a walk in all areas
other then arenas and track.
9. Barn rules are posted in each individual barn and shall be obeyed at all times.
10. Open fires are not allowed on the Fairgrounds without approval of Fair Management.
11. No person shall possess any weapon in violation of Gallatin County Ordinance 96-02 on the
Fairgrounds. Any requests for exemption there from must be made in writing to the Fair Board who
may impose additional security conditions.
12. No persons shall engage in fighting or use obscene or abusive language or conduct themselves in a
disorderly manner while on the Fairgrounds.
13. All dogs must be on a leash or contained while on the Fairgrounds and are only allowed in Exhibit
Buildings with a leash. Dogs may be exercised in the east parking lot, provided they are supervised.
14. Bicycle riding on the Fairgrounds is limited to parking lots and designated roadways. Bicycles are not
allowed in or on walkways, midway, buildings. or barn area.
15. Report any damages or problems to Fairgrounds staff immediately.
16. Any person violating these or any other Rules of the Fair Board or any term or condition of any
agreement or otherwise violates any law is subject to immediate removal from the Fairgrounds.
17. No person acting alone or in concert with others, shall go into or upon the Fairgrounds and obstruct or
disrupt by force, violence or other conduct which is in fact obstructive or disruptive, activities
conducted thereon or uses made thereof. Obstructive or disruptive conduct includes restricting
lawful:
a. Freedom of movement on or within a facility.
b. Designated use of facility.
c. Ingress or egress on or within a facility.
18. Food for sale shall comply with Montana Public Health laws. If food is to be prepared on site, the
vendor must obtain a State of Montana Food Purveyors License. This can be done through the
Gallatin City-County Health Department or the Montana Department of Health. Non-Profit
organizations may request an exemption from this requirement from the Gallatin City-County Health
Department at the Gallatin County Courthouse (582-3120).
19. All barns and buildings are designated "No Smoking Areas".
IV.WEAPONS
A. The carrying or possession of a weapon in or on the Gallatin County Fairgrounds is prohibited
unless authorized by the Fair Board. Carrying or possessing '`toy' weapons is also prohibited.
B. WEAPONS OF ANY KIND MAY NOT BE SOLD unless authorized by the Fair Board. This
includes dirk, dagger, pistol, revolver. rifle, shotgun. firearm, slingshot. sword cane. billy; knuckles
made of any metal or hard substance. knife having a blade 4 inches long or longer, razor, not
including safety razors, other deadly weapon or destructive device or any"toy'that simulates any of
the above.
V. SECURITY
20. There will be Fairgrounds Staff on the grounds at all times during any event. Fairgrounds Staff may
terminate the event upon violation of any law or term and condition of any agreement.
21. A night watchman shall be posted during livestock events when livestock is kept on the Fairgrounds
overnight. This watchman must be approved by Fairgrounds management. If an approved
watchman is not posted. Fairgrounds Staff will provide this service and bill an appropriate and
reasonable amount to the responsible party.
22. Any event serving or selling alcoholic beverages or any other event deemed necessary by the Fair
Board, must supply security to insure the safety of those participating in the event or other activities
on the Fairgrounds, facilities and equipment. This security must be approved by the Fair Board.
Should an event fail to provide approved security for their event. it will be viewed as a violation and
will be terminated immediately.
Vl. ALCOHOL
1. No alcoholic beverages shall be brought on to the Fairgrounds unless prior authorization is
obtained from the Fair Board. This includes coolers.
2. Any event serving or selling alcoholic beverages or any other event deemed necessary by the Fair
Board: must supply security to insure the safety of those participating in the event or other activities
on the Fairgrounds, facilities and equipment. This security must be approved by the Fair Board.
Should an event fail to provide approved security for their event, it will be viewed as a violation and
will be terminated immediately.
3. Anyone not abiding by the following policies will forfeit the right to serve alcoholic beverages on the
Fairgrounds. In order to have that privilege reinstated the alcohol provider must come before the Fair
Board.
4. If alcoholic beverages are sold or served during an event held on the Fairgrounds. it must be stated in
writing and all state, county and city laws must be obeyed.
5. Alcohol is permitted only in the area designated at the event. It is the responsibility of the Alcoholic
beverage provider to see that all alcohol is contained in the designated event area.
6. Alcohol is NOT allowed in the Parking Lots.
7. Alcohol is allowed in the camping areas, but only inside the RV's.
8. DOCUMENTATION REQUIREMENTS: (Must supply Fairgrounds before event is confirmed)
A. A copy of the State Liquor License
B. Proof of Liquor Liability Insurance.
C. "City/County Alcoholic Beverage Catering Special Event Endorsement".
D. If the event is hosted or sponsored by a Montana State University organization an "Off Campus
Alcohol Activity Permit' signed by the Dean of Students must also be provided.
E. Proof of Alcohol Sales Training for anyone actually selling the alcoholic beverages.
9. Alcoholic beverages must be served in cans, paper or plastic cups. No glass containers are
allowed.
10. Fair Board approved alcohol training is required for anyone selling alcoholic beverages and proof of
this training MUST be provided. Please contact at 406-587-7786 or e-mail her at
stacy@childcareconnections.info to set up an appointment for alcohol training,
11, As stated in the Security section (III. #3) above, all events serving or selling alcohol or any other
event deemed necessary by the Fair Board. will be required to supply security for the event.
VII. CLEANUP
1. Those utilizing the Fairgrounds are expected to leave facilities in the same condition as they found
them. Payment for any damages to the Fairgrounds caused as a direct result of the event will be the
party responsible for the event.
2. Clean up procedures for each building are posted in the buildings.
3. The Fairgrounds Staff is not responsible for setting up tables and chairs and other equipment. They
are also not responsible for sweeping, cleaning tables and chairs and other equipment and placing
litter in trash cans after an event. Cleaning up litter will include inside facility used and outside facility
when appropriate. Any litter over and above what will fit in the provided cans must be removed from
the Fairgrounds by user or additional charges may apply.
4. Cleanup must be completed immediately after any event or it will be billed to the party responsible for
the event.
5. Barn users are to dump manure in designated areas only.
6. Please help keep the Fairgrounds clean! Litter barrels are provided for this purpose. If you need to
clean out a livestock trailer. use the designated areas. Don't clean trailers out in parking lots.
Vill. DISSEMINATION OF INFORMATION AND MATERIAL
1. Distribution of advertisin,material or matter of any kind. nature.or description is PROHIBITED on the
Fairgrounds UNLESS such distribution shall be within and from the assigned or designated space or shall first
have been authorized by the Fair Management upon application.
IX. LIVESTOCK
1. ANIMAL CARE: The Fair Board requires that animals be handled in a proper and ethical manner in
accordance with accepted modern animal husbandry and scientific practices. In addition, adequate care
including watering, feeding, and comfort should be appropriately provided to all animals. Any individual
treating an animal in any other manner will be dismissed from the grounds. Health aids and other
approved products should be used with care, according to prescribed practices. only when needed and in
the correct amounts. Anyone judged to be cruel to animals on the grounds will be dismissed from
the grounds.
2. PARKING OF LIVESTOCK TRAILERS&TRUCKS: Livestock exhibitors having trucks, trailers and cars
that will not be in general use during the week of the Fair will be required to park these in the trailer
parking area which is located in the West Annex of the Fairgrounds (accessed through the West Oak
Gate).
3. SIGNAGE: Livestock owners/exhibitors may put signs up over their display on the wall or freestanding
signs will be allowed. providing they do not extend into the aisle or into another exhibit. No electrical
signs will be allowed in the barns. Please remove tacks, tape, and nails before leaving.
4. ANY ANIMAL THAT DIES ON THE GROUNDS MUST BE TAKEN IMMEDIATELY TO MONTANA
STATE UNIVERSITY FOR NECROPSY. Any expenses incurred will be paid by the owner of the animal.
5. CATTLE: All bulls must be handled with a nose lead. All cattle must be tied with halter and neck rope in
and out of the barns.
6. DESIGNATED LIVESTOCK AREA: Livestock is allowed only in the barn area and arenas.
T ANIMAL HEALTH, BRAND& IMPORT REGULATIONS: All out-of-state animals must be accompanied
by a Veterinary Inspection Certificate (current within 30 days), and an Import Permit that can be obtained
by the Veterinarian issuing the VIC within 10 days prior to entry into Montana by calling 1-406-444-2976.
All out-of-state horses must also be accompanied by a negative Equine Infectious Anemia test(Coggins),
current within 12 months. All animals coming into Montana from a Brand Inspection area and animals
coming into Gallatin County from within the State, must have a current Brand Inspection. Animals that
develop a disease condition while on the Fairgrounds are to be handled in accordance with the directive
of the attending veterinarian.
8. DRUG TESTING: The Gallatin County Fair Board reserves the right to have any animals entered in the
Fair tested for drugs. Any animal found with drugs will be disqualified and premiums withheld. Any drugs
being used for medical purposes must be registered with local veterinarian prior to show.
X. BARN RULES
1. The Gallatin County Fair Board is dedicated to the responsible care of animals and to the production
of safe and wholesome food. We believe there are scientific and philosophical reasons for people to
employ sound animal husbandry practices. Abuse and neglect of animals is irrational, counter-
productive and goes against these husbandry practices. Fairgrounds management requires that
animals be handled in a proper and ethical manner in accordance with accepted modern animal
husbandry and scientific practices. In addition, adequate care, including watering, feeding, and
comfort, should be appropriately provided to all animals. Any individual treating an animal in any
other manner will be dismissed from the grounds.
2. Livestock are allowed only in the barn area or arenas on the Fairgrounds.
3. Please take every precaution to have control of your animal at all times.
4. Barn alleys must be kept free of obstacles. If extra feed or tack items are kept in the alley, please
keep them next to stall and out of way.
5. Animals may not be tied in the barn alley. All grooming and tacking up must be done in your stalls or
outside of the barn.
& There is a wash-rack available - please do not wash livestock in the barn alley or outside the barns.
This creates muddy areas for both people and animals.
7. Please use caution when leading your animals through the barn. Remember there are people and
other animals using that same area. Animals tied or penned in the barn can sometimes become
aggressive. If animal is lead down the center of the alley rather then next to other animals, accidents
may be avoided.
8. The Fairgrounds staff checks barns after each event, but it is always wise to check your area for any
possible dangers present such as broken boards, nails or staples. If you find something that needs
attention, please contact Fairgrounds staff immediately.
9. If your animal is to remain in the barn overnight be sure to check that he is secured and won't be
found wandering the Fairgrounds in the morning. The owner is required to leave a phone number
where you can be reached in case of an emergency.
10. Barn litter is to be placed in areas designated for that purpose. Each barn has an area at each end.
just outside doors (look for signs).
11. Signs may be put up in barns, provided all nails, staples, tacks. etc. are removed when you leave.
12. A brand inspection is required on all livestock coming in from outside of Gallatin County. Health
papers should be in order if you are coming from outside of Montana. Montana State Brand
Inspectors may be on the grounds at any time and require these from you.
13. Any animal dying on the grounds must be taken immediately to Montana State University for
necropsy.
14. If you need to clean your livestock trailer, please do it in the area provided, not in the parking lots.
15. Camping is allowed in specified areas. Full RV hookups are available. Please check with
Fairgrounds staff if you wish to stay overnight on the Fairgrounds. Electrical cords for RV's may not
be run out of barns.