HomeMy WebLinkAbout23- Lease Agreement - Kaydee Banik - Library Coffee Shop COFFEE SHOP LEASE ADDENDUM
THIS LEASE ADDENDUM ("Addendum") is effective on J 2 20z (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.
WHEREAS, Lessor and Lessee entered into a Lease renting 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") on May 23, 2022;
and
WHEREAS, pursuant to paragraphs 2 and 22 of the Lease, Lessor and Lessee now desire to
amend and modify the Lease by extending the original Lease term; and
WHEREAS, all terms but for those modified specifically in this Addendum remain in effect;
and
WHEREAS,the Lessor and Lessee mutually agree to be bound by this Addendum; and
NOW THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the Landlord and Tenant agrees as follows:
1. Term. This Addendum shall commence on the Effective Date and will terminate on
February 28, 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.
2. Agreement Remains in Effect. Except as stated in this Addendum, all other terms and
conditions contained in the Lease apply and remain in full force and effect for the
duration of this Addendum. Unless explicitly set forth in this Addendum, nothing in this
Addendum amends or otherwise affects any other term or provision in the Lease. The
Lease is incorporated into this Addendum. See attached Exhibit A, Coffee Shop Lease
Agreement between Bozeman Library Board of Trustees and Kaydee Banik(fully
executed May 23, 2022).
3. Rent and Sale of Merchandise; Accounting; Late Fees; and Service Charge.
a. Lessee shall pay a monthly rent of$200 (Two 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.
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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 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. 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.
xxxx END OF AGREEMENT EXCEPT FOR SIGNATURES x**X
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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 Kaydeg Banik,Lessee
By Sao By
Bozeman Public Librar arc of Trustees Kay ee Banik
c/o Susan F., Gregory
APPROM
FORM:
By
Gre S llivan,Bozeman City Attorney
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