Loading...
HomeMy WebLinkAbout23 - Leases - Jill Miller - 7022 Sourdough Canyon Road LEASE This Lease Agreement ("Lease"), made and entered into this 13th day of December, 2023 by and between the City of Bozeman,Montana, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 N Rouse Ave. Bozeman, Montana, 59715, hereinafter referred to as "City," and Jill Miller, 7022 Sourdough Canyon Road, Bozeman, Montana, 59715, hereinafter referred to as "Lessee." The City and Lessee may be referred to collectively as "Parties." It is mutually understood and agreed by and between the Parties the following: 1. Premises.The Lessee agrees to lease 7022 Sourdough Canyon Road, Bozeman, Montana ("Premises"). The Premises include a three (3)-bedroom/two (2)-bath, single-family home, garage and immediate yard area of the single-family home owned by the City of Bozeman located within the gated vicinity of the City's Water Treatment Plant("Plant"). There are three (3) keys to the Premises. Lessee may possess two (2) keys. One (1) key must be kept on-site at the Plant. 2. Employment Status. Lessee is employed by the City as the Superintendent at the Plant. While it is beneficial for the City to have a Plant employee living near the Plant, this Lease does not bind the Parties to any obligations outside of the terms and conditions of employment. 3. Term. The term for this Lease for the Premises is three (3) years, beginning January 1, 2024. If Lessee's employment with the City terminates for any reason, this Lease will terminate concurrently with employment status. See paragraph 11 of this Lease for provisions regarding Lessee's obligation to vacate the premises upon separation from employment. 4. Rent and Deposit. a. Rent. For the entirety of this Lease, Lessee must pay rent monthly beginning on the first of every month, with the funds being applied to the previous month's rent. Lessee's rent is not a part of their compensation for employment, and therefore is exempt from the housing rates established by the Montana Department of Labor. Lessee agrees to have the rental sum automatically deducted from their monthly paycheck from the City,beginning with the January 2024 paycheck. The City does not consider the difference between the rental amount for the Premises and the Montana Workers' Compensation housing rates to be a benefit to the employee that needs to be included for premium or potential benefits calculations. Dates Monthly Rent Year 1: January 1, 2024—December 31, 2024 $800.00 Year 2: January 1, 2025 —December 31, 2025 $900.00 Year 3: January 1, 2026—December 31, 2026 $1,000.00 b. Deposit. Lessee understands and agrees that no lease deposit is required. However,upon 1 termination of the Lease, Lessee and the City will jointly inspect the property, and any property damage identified and not repaired by Lessee to the City's satisfaction will be repaired by the City. In this instance, the cost of the repairs will be withheld from Lessee's next monthly paycheck or final paycheck, whichever the case may be. 5. Utilities. Gas, water, electricity, and sewer utilities are included in the Rent due, as listed in paragraph 4 of this Lease for the entire Premises. Lessee is permitted to use the Plant's garbage dumpster, at no additional cost, to dispose of their personal garbage. 6. Lessee's Obligations. a. Lessee must comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; keep that part of the premises that the tenant occupies and uses as reasonably clean and safe as the condition of the premises permits;dispose from the dwelling unit all ashes,garbage,rubbish, and other waste in a clean and safe manner; use in a reasonable manner all electrical, plumbing,sanitary,heating,ventilating,air-conditioning,and other facilities and appliances, including elevators, in the premises; and conduct oneself and require other persons on the premises with the Lessee's consent to conduct themselves in a manner, that will not disturb the neighbors'peaceful enjoyment of the premises; b. Lessee may not destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so; c. Lessee may not engage or knowingly allow any person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured; d. Lessee, at their own expense, must maintain the Premises and keep them in the same condition as when they took possession, including but not limited to light fixtures and bulbs as well as all daily maintenance, cleaning and upkeep. Further, Lessee is responsible for caring for the grounds, including but not limited to,mowing,watering, snow removal of the sidewalk in front of the house on the Premises, and fence maintenance for any fencing Lessee installs.Lessee is responsible for maintaining carbon monoxide and smoke detectors; e. Lessee will not make any changes or alterations to the property without having first obtained the written consent of the City; f. Lessee is responsible for maintaining in good and safe working order and condition the Galaxy refrigerator, and the General Electric washer and dryer,which Lessee purchased and which are considered their personal property; and 7. The City's Obligations. a. The City is responsible for maintaining in good and safe working order and condition all electrical, plumbing, sanitary, heating ventilating, air-conditioning, and other appliances supplied by the City. The City's maintenance and repair obligations do not include any appliances purchased and installed by Lessee; b. The City must comply with the requirements of applicable building and housing codes materially affecting health and safety in effect at the time of original construction in all dwelling units where construction is completed after July 1, 1977; c. The City must make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, except when it is the Lessee's responsibility as set forth in paragraph 6 of this Lease or otherwise required by law; 2 d. The City must keep all areas of the Water Treatment Plant that are adjacent to the Premises in a clean and safe condition; e. The City must provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the Premises and arrange for their removal; f. The City must supply running water and reasonable amounts of hot water at all times and reasonable heat; and g. The City must install an approved carbon monoxide detector, in accordance with rules adopted by the Department of Labor and Industry, and an approved smoke detector, in accordance with rules adopted by the Department of Justice on the Premises. The City must verify the carbon monoxide detector and the smoke detector in the dwelling unit are in good working order prior to the Lease effective date. h. If City needs to enter the Premises, City must provide Lessee with 72-hours' notice unless there is a case of emergency, which means an extraordinary occurrence beyond the Lessee's control requiring immediate action to protect the Premises or Lessee. A case of emergency may include the interruption of essential services, including heat, electricity, gas, running water, hot water, and sewer and septic system service, or life-threatening events in which the Lessee or the City has reasonable apprehension of immediate danger to the Lessee or others. 8. Re-Possession of Premises Upon Termination. When this Lease terminates, Lessee will re-deliver possession of the Premises, including all affixed improvements, to the City in as good condition and state of repair as the same shall be at the time this Lease takes effect, reasonable wear, tear and damage by the elements excepted. Lessee agrees to provide the City with the two (2)keys in their possession upon Lease termination. 9. Use of the Premises. It is understood and agreed that Lessee is entering into this Lease for the purposes of using the Premises for their personal residence, and includes only the Lessee and their immediate family. Immediate family is defined as Lessee's spouse or significant other, and children. The names of all persons residing in the house under this Lease must be provided to the City upon execution of the Lease,and upon any change of residents in writing. For visitors staying longer than seven (7) days, Lessee must first obtain permission from City prior to the beginning of the visitor's stay. Lessee agrees that their guests will not access any areas at the Plant for which the guest is unauthorized to enter. 10. No Right to Sub-Lease or Use the Premises as a Short-Term Rental. Lessee shall not assign or sublet the Premises to any individual. Lessee is prohibited from using the Premises as a short-term rental, as defined by the Bozeman Municipal Code. 11. Pets. Pets may be allowed with the written consent of City, which must be obtained before pet(s) is brought onto premises. 12. Default. Lessee agrees that the terms of this Lease, any rules and regulations that may be established pursuant to paragraph 14(a) of this Lease, constitutes an independent condition of Lessee's right to possess the Premises. Lessee's failure to comply with one(1)or more such terms or conditions constitutes a default of this Lease. 3 13. Cancellation of Lease. At any time prior to this Lease terminating, either Party may terminate this lease for any reason. Should the City wish to terminate the agreement, it will give Lessee sixty(60) days' notice of its intention to do so. Lessee will give the City at least two (2)- weeks' notice of their intention to terminate the lease for any reason. Should the City terminate Lessee from their employment, Lessee will be required to vacate, surrender the Premises, and return all keys to the City within 72-hours of their employment termination date. Notice by either party must be in-writing and,if sent to the City,must be provided to the individual listed in paragraph 14(f). Lessee's notice must specify the effective date of the termination. Further, it is agreed that if the Premises are damaged by fire or other casualty as to be rendered to be untenable or virtually unusable, this Lease will terminate and come to an end with no penalty to either party. 14. Indemnification. Lessee agrees to indemnify, defend and hold City harmless of and from any and all liability, damage, expense, cause of action, suits, claims or judgments resulting from injury to persons or property occurring upon the Premises or which arise out of the use or occupancy thereof by Lessee, Lessee's agents, employees, invitee or guests. 15. Insurance. Lessee understands and agrees that City's insurance will not cover loss of Lessee's personal belongings. Lessee agrees to maintain and pay for general renter's and liability insurance at all times that this Lease is valid and in effect. Lessee's insurance must name the City as an "additional insured" under the liability policy or policies. All insurance must remain in effect for the entire Lease term including any extensions. The policy or policies will contain a provision that no cancellation will be effective without thirty (30) days written notice to the City and Lessee. Annually, Lessee must provide the City with proof of insurance. 16. Miscellaneous Covenants and Provisions. a. Lessee agrees to conform to such any rules and regulations regarding the Premises that the City establishes. b. Neither Lessee nor the City shall be deemed to have waived any provision of this Lease unless such waiver is in writing signed by the City and Lessee. C. All modifications of this Lease must be in writing. d. The obligations and conditions of this Lease are deemed continuing and any forbearance by the City to enforce forfeiture on the occasion of one(1)or more breaches of this Lease, shall not be construed as a waiver of the right to enforce such forfeiture on any subsequent breach. e. Unless otherwise provided herein, all notices prescribed herein shall be written and served by registered mail and directed to the City at Post Office Box 1230, Bozeman, Montana 59771-1230, Attention: Director of Utilities, or such other place as the City may specify in writing, and to Lessee at 7022 Sourdough Canyon Road,Bozeman,Montana, 59715, or at such other place as Lessee may specify in writing. f. In the event it is necessary for either Party to bring any action to enforce the terms and covenants of this agreement, the prevailing party shall be entitled to reasonable attorney fees including fees and salary paid by the City to the City Attorney or other in-house counsel. g. This Lease must be interpreted according to the laws of the State of Montana. Venue in any dispute arising from this agreement shall be in the Eighteenth Judicial District, Gallatin County,Montana. 4 h. It is mutually agreed that time shall be of the essence of this Lease, that the terms hereof shall bind the heirs, personal representatives, successors and assigns of the parties and that all prior understandings of the Parties, either written or oral are merged herein and that this document constitutes the entire understanding of the Parties. i. The provisions of this Lease are severable and the invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. j. Lessee agrees to keep the property free of all liens during the existence ofthis Lease or any renewals thereof and it is expressly agreed that the City shall not be liable for any obligation incurred on or in connection with said premises by Lessee unless otherwise herein provided. It is agreed that no liens may be filed against the City's interest herein by reason of such obligation. 17. Acknowledgment and Waiver. As a Plant employee, Lessee is fully aware that hazardous chemicals are maintained at the Plant. Lessee acknowledges the detrimental health effects of a hazardous chemical leak for, and on behalf of, all persons residing or visiting the leased premises. Lessee further acknowledges the Plant operates 24-hours per day, 365 days per year, and that Plant personnel access and leave the Plant via the driveway between the house and garage covered under this Lease.Lessee further acknowledges that because the Plant operates 24-hours a day, maintenance work, equipment, and motors will generate noise, and that the noise may constantly occur throughout a 24-hour period. IN WITNESS WHEREOF, date effective as written above. LESSOR: CITY of BOZEMAN By: ' Ci r 4 ager LESSEE: By: JArMiller 5 i