HomeMy WebLinkAbout22- Coffee Shop Lease Agreement - Kaydee Banik - Bozeman Public Library COFFEE SHOP LEASE AGREEMENT
This LEASE AGREEMENT("Lease")is effective on May 23,2022 (the"Effective Date")between the
Bozeman Library Board of Trustees (referred to herein as the "Lessor")and Kaydee Banik(the
"Lessee"). Lessee is in the coffee shop business,and desires to lease space from Lessor. The Library
Director is authorized to act on behalf of the Lessor in all matters related to this Lease.
1. Description of Premises and Use.
a. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor an area on the
main floor of the Bozeman Public Library(the"Library")located at 626 East Main Street,
Bozeman, Montana in the approximate size of 500 square feet(the "Premises" or"the Coffee
Shop"),under the terms and conditions set forth in this Lease. It is understood and
acknowledged by Lessee that the Premises is a portion of a building the remainder of which is
occupied by the Lessor or its tenants,invitees, or licensees.
b. Lessee may use and occupy the Premises for the purpose of operating a coffee shop and
activities incidental thereto,and not otherwise. Lessor understands that Lessee's operation shall
include the sale of pastries, baked goods,and similar coffee shop fare and a line of non-alcoholic
beverages(coffees,teas,and flavored drinks) typical of coffee shops. Lessee shall not use or
knowingly permit any part of the Premises to be used for any unlawful purposes,and shall
comply with all of the laws applicable to it and its operations. Lessor shall possess the
discretion,but not the obligation,to determine the appropriateness of Lessee's inventory,
products and merchandise and therefore restrict the same on the Premises;provided however,
such restrictions shall not be unreasonably applied.
C. Upon expiration or termination of this Lease and upon related eviction or move out of
Lessee, all leasehold improvements shall become property of the Lessor and remain on the
Premises(except the non-fixture items as mentioned in paragraph 6(c),below).
2. Term. This Lease shall commence on the Effective Date, and will terminate on January 2,2023.
Within thirty(30)days of this Lease terminating,the Parties may elect to enter into a month-to-
month lease agreement. Any additional month-to-month tenancy agreement must be in writing, and
mutually consented to by both parties.
3. Rent and Sale of Merchandise; Accounting; Late Fees; and Service Charge.
a. Lessee shall pay a monthly rent of$800(Eight Hundred Dollars)for the term of this
Lease,payable to either the Lessor or Friends of the Bozeman Public Library(the"Friends"), as
indicated by the Library Director. Rent is payable in advance due on the 1 st day of each month
for that upcoming month's rental. Payments shall be made by depositing such payment in the
Friends mail box located in the Library,unless Lessor otherwise notifies Lessee in writing.
b. As partial consideration for the monthly rental fee to Lessor,Lessee hereby agrees to
allow the Friends of the Bozeman Public Library(the"Friends")to occupy for no charge a total
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of approximately twenty two (22)lineal feet of wall space in the form of shelving or cabinets
seven(7)feet high by fourteen(14) inches deep along the north,east and west walls of the
Premises. Said shelving or cabinets shall be and always remain the property of the Lessor and
the Friends shall purchase, supply and designate the merchandise displayed and sold on said
shelves or cabinets in the Friends' sole and absolute discretion.
C. As partial consideration for the monthly rental fee to Lessor,Lessee agrees to sell
Friends'merchandise and separately itemize such sales on Lessee's books. Lessee is entitled to a
commission of five percent(5%)on all Coffee Shop gross sales of Friends'merchandise each
month. For purposes of this section, "gross sales" does not include any credit/merchant fees
incurred on the sale of Friends merchandise. Lessee agrees to keep an accounting of sales and
commissions and provide Friends with monthly statements of financial activity and merchandise
sold. Lessee also agrees to allow Lessor and Friends access to its bookkeeping records regarding
merchandise sales during reasonable business hours to investigate the same. Amounts collected
for merchandise sales,minus commission, are due monthly,payable within 10 days of the end of
each month for the prior month's sales. Payments for merchandise sales must be made to the
Friends by depositing such in the Friends'mailbox.
d. If rent or merchandise sale payments are four(4) or more days late there shall be a
service charge of ten(10) dollars plus a late fee equal to five percent(5%)of the amount due. In
addition, interest per month shall accrue on the unpaid balance(including service charges and
late fees)at ten percent(10%)per annum. Payment for service charge and interest on rent shall
be made to Lessor. Payment for service charges and interest on past due merchandise sales
payments shall be made to Friends.Failure to pay amounts due upon demand is grounds for
withholding the same from the Security Deposit required in Section 17(d).
4. Parking.
a. Lessee shall have the nonexclusive use, in common with the public and other Lessees of
the Library,to the parking areas for the Library. Lessee hereby agrees to have its staff park in
appropriately designated Library staff parking,which shall be in an area least used by the
general public.
b. In any event,the use of the parking facilities shall at all times be subject to reasonable
rules and regulations that the Lessor may promulgate,when, in the Lessor's opinion it is
necessary. Lessee further recognizes that the Lessor makes no guaranty of any specific number
of parking spaces. Lessor shall have no obligation to police or enforce parking usage by Lessees,
or invitees, or the agents, servants,or employees of Lessee.In the event that Lessor finds that
the use of the parking facilities by Lessee or employees of Lessee interferes with its use by other
Lessees,the public, or invitees,Lessee and Lessee's employees shall refrain from using the
parking facilities,this right reserved unto Lessor.
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5. Condition of Premises; Restrictions on Use; Taxes &Assessments.
a. Lessee is familiar with the Premises and that the taking of possession of the Premises
shall be conclusive evidence that the leased Premises were at the time of the taking of possession
in good,clean, sanitary condition, and is in all respects satisfactory and acceptable to the Lessee,
and is in the condition in which it was represented to the Lessee to be or agreed to be put into by
the Lessor,and the Lessee releases the Lessor from any and all claims arising from any defects
in the condition of the Premises, the streets, alleys, areas,area ways,passages or sidewalks
adjoining or appurtenant Lessee thereto.
b. Lessee will not use or permit anything to be used or done upon the Premises that might
be dangerous to life or limb and that the Lessee will not in any manner deface or injure the
Premises or do anything that will increase the rate of insurance thereon, or permit anything to be
done upon the Premises,or in the passageways,alleys,area ways, sidewalks,or streets adjacent
thereto,which will amount to or create a nuisance, or interfere with the other occupants of the
Premises.
C. In addition to the provisions of Section 3,Lessee shall pay all local, state, and federal
taxes,fees, and special assessments, applicable to the Premises.
6. Alterations and Modification; Repairs; Fixtures.
a. Alterations and Modification.
i. Lessor shall not have any obligation to make any alterations or improvements of
any kind in or about the Premises. Lessee shall repair or replace promptly all damages to
the Premises due to the acts of the Lessee,its agents,or its invitees.
ii. Lessee will make no alterations in or additions to the Premises without first
obtaining the Lessor's written consent and the Lessee will not erect or permit to be
erected upon the Premises any signs without the written consent of the Lessor.
iii. With respect to all alterations or improvements to the Premises which the Lessee
undertakes at its own expense as contemplated herein and with the written consent of the
Lessor for subsequent improvements,the Lessee shall in each instance indemnify and
save said Lessor forever harmless and free from all damages,loss and liability of every
kind and character which may be claimed, asserted or charged,including liability to
adjacent owners and Lessees,based upon the acts of negligence of the Lessee or its
agents, contractors, or employees for any negligence or for the failure of any of them to
observe and to comply with the legal requirements of the City of Bozeman.,and that the
Lessee will preserve and hold the Lessor and the said Premises forever free, clear, and
harmless from liens for labor and materials furnished.
b. Cost of Repairs. Except as set forth herein to the contrary,Lessee shall be responsible for
the cost of repairs and maintenance of all leasehold improvements and all fixtures and
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equipment described in paragraph 6(c),below, including all shelves,tables,and chairs owned by
Lessor.
C. Fixtures. Counters and sinks installed on the Premises are fixtures and will remain with
the Premises upon termination of this Lease. The refrigerator,icemaker,dishwasher,all espresso
machines, coffee brewing equipment, light fixtures(only those chosen,purchased and installed
by Lessee), and other items readily removable without significant damage to the Premises, shall
not be considered fixtures and shall be removed and retained by Lessee upon termination of the
Lease. The parties agree that all seating and shelving within in the eating area of the coffee shop
and all tables,chairs, and seating in the entry hall ofthe Library belong to Lessor. Lessee shall
clean and reasonably maintain all such furniture.
7. Right to Redecorate.Lessee shall have the right from time to time to decorate and redecorate
the Premises, at Lessee's sole expense, all of which shall be done in a good and workmanlike
manner,and with the prior written consent and approval of Lessor,not to be unreasonably
withheld. Lessor shall have no duty in connection with said decoration.
8. Special Provisions Related to Operation of the Premises.
a. Hours of Operation. Lessee agrees to open for operation to the public a minimum of
twenty-five(25)hours per week during the Library's hours of operation. Hours of operation will
be determined by the Lessee in consultation with the Library Director and the Friends. The
Library Board of Trustees establishes the hours of operation for the Bozeman Public Library. To
the extent the Library's hours of operation fall below 45 hours per week,the base rent due under
this Lease($800) shall be reduced in the same percentage by which the Library's actual hours of
operation are less than 45 per week.
b. Employee Standards. Service should be timely, attentive and friendly.Food and beverage
orders will be taken promptly and in a friendly and courteous manner. Lessee is to recruit, train,
supervise, direct and deploy the optimum number of employees to match the work requirements.
Employees must portray a positive image to library patrons. Clothing should be appropriate for
the work site, should meet safety and health concerns,and should reflect favorably on the
Library's and Lessor's image.
C. Food Quality. Lessee will make reasonable efforts to ensure that only the highest quality
of food is sold.
d. Deliveries. Deliveries must coincide with general Library practices and procedures and
must not conflict with or disturb the Library.
C. Signage and Hallway Tables. Lessee shall pay for any signage located on the wall next to
the Premises'entry door with location, design,and size of such signage and menu boards subject
to Lessor's approval.Neon or exposed fluorescent lighting fixtures are prohibited. In addition,
any tables,chairs, garbage cans, or other like items utilized by Lessee in the hallway
immediately outside the Premises, shall be at Lessee's sole cost and approved in advance by the
Lessor.
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f. Friends'Merchandise.The Friends will be responsible for providing and stocking
merchandise sold for the Friends.
g. Clean and Sanitary Condition. Lessee shall keep the Premises in clean and sanitary
condition. Lessee will provide adequate receptacles for trash and recycling and ensure that
receptacles do not become overfilled during public hours. Lessee shall not allow boxes,cartons,
barrels, or other similar items to remain in view of public areas. Lessee shall be responsible for
cleaning the leased Premises and surrounding areas,including the outdoor seating area, impacted
by the operations.
9. Peaceful Possession.Except as provided in paragraph 11, as long as Lessee pays the rent and
performs the covenants and agreements herein contained and to be performed,Lessee shall
peacefully and quietly have,hold and enjoy the Premises for the term aforesaid. Lessee expressly
authorizes Lessor or the Friends to enter the Premises during normal business hours for the purpose
of restocking merchandise.
10. Utilities. Lessor shall be solely responsible for utility charges as they become due, including,
but not limited to,those of sewer, water,gas, electric,wireless internet,and trash services. Lessee is
responsible for any recycling costs,telephone/television hookup and service.
11. Destruction of Premises.
a. If during the term of this Lease the Premises or the improvements thereupon shall be
injured or destroyed by fire or other unavoidable casualty or rendered untenantable by a public
authority without the failure of Lessor, so as to render the Premises unfit for occupancy, or to
such an extent that the Premises cannot be repaired with reasonable diligence,within sixty(60)
days from the happening of such injury, or act,then the Lessor may terminate this Lease as of
the date of such damage,act or destruction and the Lessee shall immediately surrender the
Premises and all interest therein to the Lessor,and the Lessee shall pay rent only to the time of
the destructive act or injury.
b. If the Premises can be restored within sixty(60) days from the happening of such injury
thereto and the Lessor within fifteen(15)days from the occurrence elects in writing to repair
and restore said Premises within the sixty(60)days from the happening of the injury thereto,
then this Lease shall not end or terminate,but the rent shall not run or accrue after injury and
during the process of repairs,except only that the Lessee shall during such time pay a pro-
rated portion of such rent apportioned to that portion of the Premises which are in condition
for occupancy or which may actually be occupied during such repairing periods.
C. If,however,the Premises shall be so slightly injured by any cause aforesaid as not to be
rendered unfit for occupancy,then the Lessor shall repair the same with reasonable
promptness,and in that case,the rent shall not cease or be abated during such repairing.
d. All equipment, appliances, fixtures,improvements, or betterments placed by the Lessee
on the Premises which shall be damaged or destroyed in any of the events aforementioned,
shall be repaired and replaced by the Lessee at its sole expense and not at the expense of the
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Lessor. Except as herein set forth, Lessor shall not be held to account for any damages to
Lessee attributable to the acts or omissions of Lessor providing,however,Lessee shall
immediately report any failure or defect to Lessor who shall repair or correct such defects with
reasonable diligence.
12. Assignment and Sublease; Changes in Form of Lessee.Lessee may not assign or sublease
all or any portion of this Lease without the prior written consent of the Lessor which it may
give or withhold in its sole discretion.Lessee may not add a partner or additional owner, or
change Lessee's legal form(such as,for example,into a corporation)without the prior written
consent of the Lessor,which it may give or withhold in its sole discretion.
13.Breach or Default/Non-Waiver. If the Premises be deserted or vacated, or if proceedings are
commenced against the Lessee in any Court under bankruptcy, or for the appointment of a
trustee or receiver of the Lessee's property either before or after the commencement of the
leased term, or there shall be a default in the payment of any rent or any part thereof for more
than ten(10)days, or if there shall be a default in the performance of any covenant,agreement,
term,condition,rule or regulation contained herein,or hereafter established on the part of the
Lessee for more than fifteen(15)days (only ten(10) days in the case of nonpayment of rent)
after written notice of such default by the Lessor,then Lessor,without further notice to Lessee,
shall have,consistent with applicable law, any one or more of the following remedies at
Lessor's election:
a. Lessor shall have the immediate right to terminate and cancel Lessee's rights under this
Lease and re-enter,recover and resume possession of the Premises.Lessee shall yield up quiet
and peaceful possession to Lessor and Lessee shall forfeit their rights under this
b. Lessor may continue to assert the validity of the Lease, take possession of the Premises
pursuant to applicable law, (including unlawful detainer or action for possession),and re-let
the Premises, or any part thereof, for such term or terms, (which may be for a term extending
beyond the term of this Lease), at such rent and upon such terms and conditions as Lessor
may,in its sole discretion,deem advisable,provided Lessor agrees to proceed in a
commercially reasonable manner in re-letting the Premises. Upon such re-letting,Lessee shall
immediately be liable to pay to Lessor the reasonable costs and expenses of such re-letting,
(including reasonable agents' or brokers' commissions and attorney's fees for the new lease)
and the reasonable costs and expenses of any alterations or repairs required to be made to the
Premises to make it rentable. In addition,the Lessee shall be liable to pay to Lessor the
amount,if any,by which the rental required to be paid by Lessee in this Lease for the period of
such re-letting(up to,but not beyond,the term of this Lease)exceeds the amount agreed to be
paid by the new lessee as rent for the leased Premises for such period of re-letting.If Lessor
cannot re-let the Premises for the entire balance of Lessee's term,Lessee shall be liable to pay
Lessor for the balance of the rental required by this Lease.No such termination,unlawful
detainer action,re-entry or taking of possession of the Premises by Lessor shall be construed
as an election on their part to terminate Lessee's other obligations under this Lease unless a
written notice of such intention is given to Lessee.
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No waiver of any breach of any agreement,term, covenant,or condition of this Lease shall be construed
to be a waiver of any preceding or succeeding breach of the same or any other agreement,term,
condition or covenant.
14.Key Agreement,Access.
a. Lessee shall have keys to the front door of the Library and keys to the Premises,but will
not have keys to access the rest of the Library building. Lessee will be given the access code for
the garbage area and will have access to the yard room. Lessee shall also have access to the
storage closet located between the coffee shop and conference room. Lessor will provide
Lessee with three(3)kesy for the coffee shop door,but not the conference room door. Lessee
acknowledges and agrees that, as a condition of this Lease that the MEDECO key is a
registered key in a registered MEDECO SYSTEM governing access to the facility Library and
Lessee is physically and financially responsible for the safekeeping of such MEDECO key. In
the event of loss of the MEDECO key, Lessee further acknowledges responsibility for the full
cost of the replacement of such key(s) and if necessary(as determined by Lessor),the cost of
rekeying locks and cutting new keys for building tenants. Upon termination of this Lease,
Lessee shall voluntarily surrender the assigned MEDECO key(s).
b. Lessee may have access to the Premises at all times. In connection with Lessee's
business,Lessee shall have the duty of keeping the entry to the Library secure during such
times Lessee is not open for operation.
C. Lessee will permit the Lessor at all reasonable times to enter the Premises to inspect and
ascertain its condition and,at Lessor's election to make reasonable and necessary repairs
thereon for the protection and for the preservation of the Lessor's building and personal
property. In addition,the Lessor shall have the right to enter upon the Premises to ascertain the
performance or non-performance of any of the covenants of this Lease or to show the Premises
to persons who may wish to rent the same after the expiration of this
15.Mortgage Subordination; Liens. This Lease shall be subject and subordinate at all times to the
lien of existing security agreements,mortgages,trust indentures, and of security agreements,
mortgages or trust indentures which hereafter may be made a lien upon the real property upon
which the Library is located.No act of the Lessee shall be necessary to effectuate such
subordinating,however,the Lessee will,nevertheless, execute and deliver such further
instruments,subordinating this Lease to the lien of any such security agreement,mortgage or
trust indenture as may be desired by the secured party therein. Lessee hereby appoints Lessor
attorney-in-fact, irrevocable, to execute and deliver any such instruments for Lessee. Lessee
shall allow no lien to be placed upon the building upon which the leased property is located,
and shall indemni6'and hold Lessor harmless in connection therewith.
16.Indemnification/Insurance. Without limiting any of the Lessee's obligations hereunder and to
the fullest extent permitted by law,Lessee agrees to defend,indemnify,and hold the Lessor,the
City of Bozeman,the Friends of the Bozeman Public Library and the officers, employees, and
agents of all three entities harmless against claims, demands,suits, damages, losses, and
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expenses connected therewith that may be asserted or claimed against,recovered from or
suffered by the Lessor,the City of Bozeman,and the Friends of the Bozeman Public Library,
and the officers, employees, and agents of all three by reason of any injury or loss,including
but not limited to,personal injury, including bodily injury or death,property damage,
occasioned by,growing out of, or in any way arising or resulting from any intentional or
negligent act or caused by the willful misconduct of Lessee or Lessee's agents or employees or
agents.
For this purpose and independent of the above,Lessee shall provide Lessor on or before the effective
date of this Lease with proof of Lessee's liability insurance issued by a reliable company or companies
authorized to do business in Montana for personal injury and property damage in amounts not less than
as follows:
• Workers'Compensation—statutory;
• Employers'Liability- $1,000,000 per claim; $1,000,000 annual aggregate;
• Commercial General Liability-$1,000,000 per claim; $2,000,000 annual aggregate;and
• Personal Automobile Liability-$1,000,000 bodily injury per accident; $1,000,000
property damage per accident.
The Lessor,the City of Bozeman,and the Friends of the Bozeman Public Library, and the officers,
employees, and agents of all three entities shall be included or named as an additional or named insured
on the Commercial General and Personal Automobile Liability policies. Evidence of the above
insurance and named insured must be in a form suitable to City Attorney. Lessor shall be provided
reasonable notice not less than thirty(30)days prior to any cancellation of said policy.Failure of Lessee
to maintain insurance as required herein shall be a breach of this Lease. Lessor shall not deliver
possession of the premises to Lessee until evidence of the above insurance is received.
17. Surrender Upon Termination.
a. Lessee,upon leaving the Premises, shall at its own expense repair any damage
occasioned by Lessee's occupancy and remove all dirt,rubbish and refuge, and upon the
Lessee's failure to do so,the Lessor may immediately,without further notice,do so at the
Lessee's expense,which the Lessee shall immediately pay upon receipt of a bill for the same
from the Lessor. Failure to pay upon demand is grounds for withholding the same from the
Security Deposit required in paragraph 17(d).
b. Lessee agrees to return the Premises peacefully and promptly to the Lessor at the end of
term of this Lease,or at any previous termination in as good condition as the same are in or
hereafter put in, ordinary wear excepted.
C. Subject to Lessor's discretion provided for in paragraph 6 of this Lease,Lessee shall
remove all of its property so that Lessor can repossess and enjoy the Premises not later than
noon on the day upon which the Lease ends,whether upon notice or by holdover or otherwise.
Lessor shall have the same right to enforce this covenant by ejectment for damages. Lessee may
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at any time before or upon termination of this Lease remove from the leased property all
equipment,property and fixtures as installed by Lessee provided such property is moved
without substantial injury of the Premises. Any such property not removed shall become the
property of the Lessor. Any injury not repaired may be corrected by Lessor, and Lessee shall
promptly reimburse Lessor upon receipt of its statement therefore. Failure to pay upon demand
is grounds for withholding the same from the Security Deposit required in subsection(d)
below.
d. Security Deposit. Lessee shall deposit the sum of$2400.00(the"Security Deposit")with
Lessor as security for the performance by Lessee of Lessee's covenants and obligations under
this lease and return of the demised Premises in proper condition at the end of the Lease term or
on earlier termination and forfeiture as proved in this Lease. The Lessee expressly understands
that the Security Deposit shall not be considered an advance payment of rental or a measure or
limitation of Lessor's damages in case of default by Lessor. The Security Deposit must be
received by Lessor prior to the Effective Date of this Lease and prior to delivery of possession
of the Premises to Lessee.Lessor may transfer or deliver the security to any bona fide
purchaser of the real property in the event that the property is sold.Lessor shall be discharged
from any further liability in reference to the security on giving written notice of that transfer to
Lessee. Unless otherwise provided by mandatory non-waivable law or regulation,Lessee may
co-mingle the Security Deposit with Lessor's other funds. If the Lessor must apply any part of
the Security Deposit to cure any default of Lessee hereunder,but the Lease remains in effect,
the Lessee shall promptly pay to the Lessor upon demand such amount as will restore the full
balance of the Security Deposit to its original amount. If the Premises are in substantially as
good a condition,reasonable and normal wear and tear excepted, as exists upon the
commencement of this tenancy, and Lessee is not in default under any other provisions of this
Lease and is current in all payments owed to Landlord,the entire Security Deposit,or balance
thereof after any such application to cure any default, shall be returned without interest to
Lessee within a reasonable time after the expiration or termination of this Lease.
18.Notice.
a. All notices,demands, or other writings in this Lease Agreement provided to be given or
made or sent, or which may be given or made or sent,by either party to the other, shall be
deemed to have been fully given or made or sent when made in writing and deposited in the
United States mail,certified and postage prepaid, and addressed as follows:
Lessor: Lessee:
Bozeman Library Board of Trustees Kaydee Banik
c/o Susan Gregory,Library Director
ADDRESS: 626 E.Main St. ADDRESS: Iu5 W u---e-
rtr
Bozeman,MT 59715 g rn T 5q 71 tl
EMAIL: sgregory@bozeman.net EMAIL: b 5c&r eoJ e: We m4, Co
PHONE: (406) 582-2401 PHONE: 4/0 (Ig— 3 OS
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b. The address to which any notice, demand,or other writing may be given or made or sent
to any party as above provided may be changed by written notice given by such party as
provided.
C. Lessee shall provide Lessor with a contact list to include at least one(1)person that can
be reached in the event of an emergency or for any occasion when Lessee is out of town or
otherwise unavailable. Such list will be kept current and updated as necessary.
d. Non-Discrimination. The Lessor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws, .
regulations,and contracts. The Lessor will not refuse employment to a person,bar a person
from employment, or discriminate against a person in compensation or in a term,condition, or
privilege of employment or a customer or patron of the Premises because of race, color,
religion,creed,political ideas,sex,age,marital status,national origin, actual or perceived
sexual orientation,gender identity,physical or mental disability,except when the reasonable
demands of the position require an age,physical or mental disability,marital status or sex
distinction.
19.Warranties.The Parties to this Lease represent and warrant that they have the power to enter
into this Lease,to perform its obligations under this Lease,and to grant the rights granted in
this Lease.
20.Time of Essence.Time is of the essence of this Lease with respect to the performance by the
Lessee of its obligations thereunder.
21.Entire Agreement.This Lease constitutes the entire agreement between the Any prior
understanding or representation of any kind preceding the date of this Lease are hereby
integrated into and superseded by the terms of this Lease.
22.Modification of Agreement.Any modification of this Lease or additional obligation assumed
by either party in connection with this Lease shall be binding only if evidenced in a writing
signed by each party or an authorized representative of each party.
23.Attorney's Fees.In any legal action brought by either party to enforce any of the terms of the
Lease, the prevailing party shall be entitled to all costs and expenses incurred in connection
with such action, including a reasonable attorney's fee which may include those of the Bozeman
City Attorney.Any and all legal action brought under this Lease or related to this agreement
must be brought in Gallatin County.
24.Paragraph Headings.The paragraph headings in this instrument are for convenience only, and
do not limit or construe the contents of any paragraphs.
25.Binding effect.This Agreement shall be binding upon and inure to the benefit of the hems,
successors, administrators and assigns of the Parties.
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26.No Third-Party Beneficiary. This Termination Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
27. Counterparts.This Termination Agreement may be executed in counterparts, which together
constitute one instrument.
28.Integration.This Termination Agreement and all attached Exhibits constitute the entire
agreement of the Parties. Covenants or representations not contained herein or made a part
thereof by reference, are not binding upon the Parties. There are no understandings between the
Parties other than as set forth in this Termination Agreement. All communications,either verbal
or written,made prior to the date of this Termination Agreement are hereby abrogated and
withdrawn unless specifically made a part of this Termination Agreement by reference.
29. Consent to Electronic Signatures. The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act,Title 30,
Chapter 18, Part 1,MCA.
****END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written or as recorded in an electronic signature.
Bozeman Public Library Board of Trustees Kaydee Banik,Lessee
l� V�
By By
Bozeman Public Libr. 4 Board o Trustees
c/o Susan F., Gregory Kaydee Banik
APPROVZBoN&04'an
ORM:
ByGreg 1 'van City Attorney
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