HomeMy WebLinkAbout09- MSU-Extended University Lease Agreement at Stiff Building LEASE AGREEMENT
This lease agreement was entered into on July 1", 2009 between the City of Bozeman "Lessor
and MSU- Extended University "Lessee Lessor is the sole owner of the business premises described
below, having office space for lease in Such premises. Lessee is in the business of education /training and
desires to lease office space from Lessor.
1. DESCRIPTION OF PREMISES: I..essor leases to lessee premises on the lower level of the
building known as the Alfred M. Stiff.Building, located at 20 East Olive, Bozeman, Montana, under the
Terms and Conditions set forth in this lease. Lessee does hereby hire and take as the tenant
[Suite /Room] LLIO to be used for the purpose of classroom and office and for no other purpose.
2. TERM: The term of this lease shall be for a period of one (1) year, commencing on the I" day
of July, 2009 and terminating the 30 day of June, 2010 Unless sooner terminated as set forth in this
lease, or unless lessee has exercised the option to renew under provisions set forth in this lease
agreement.
3. RENT; LATE FEES AND SERVICE. CHARGE:
A. Lessee shall pay a total of N/A (See #30 below) for the term of this lease agreement, payable in
advance in twelve (12) equal monthly payments of N /A due of the 15th day of each month for the
succeeding month's rental. "Phis stun reflects a monthly rate of N/A per square foot of office space.
Payments shall be made to Lessor at City of Bozeman, P.U. Box 1230, Bozeman, Montana 59771. It is
understood by Lessee that the premises leased herein is a portion of a building all or part of' which is
rented to other Lessees, or occupied by the Lessor.
B. In addition to the lease payment the "Lessee" shall pay a portion of the custodial costs for the
building. This amount is 1.39 a sgUare foot for 1,167 square feet, $1 per year or $135.19
monthly.
C. If rent is four or more days late there shall be a service charge of twenty -five dollars plus a late
fee of (1.5%) interest per month (18% per annum) on the unpaid balance. On lessee's failure to pay the
rental on a timely basis
4. PARKING:
A. Lessee shall have the nonexclusive use, in common with the other Lessees of the lease premises,
to the parking areas for the building. During normal working hours, Lessee will whenever possible park
in the building's parking lot across the alley from the main parking lot or in the south row of the main
parking lot. Lessee and Lessee's employees shall not park in the north row of the main parking lot
during normal business hours.
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 to insure
facilities for the business invitees and patients of the Lessees and Lessor. Lessee further recognizes that
the Lessor makes no guaranty of any specific number of parking spaces. Lessor shall have no obligation
to police of enforce parking usage by Lessees, or invitees, or the agents, servants, or employees of
Lessor or Lessees. In the event interferes with its that Lessor finds that the use of the parking facilities
by Lessee or employees of Lessee interferes with its use by other Lessees and their patients and or
business invitees, then Lessee shall cooperate with Lessor in requiring Lessee and Lessee's patients and
business invitees to refrain from using the parking facilities, this right reserved unto Lessor.
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5. RESTRICTIONS ON USE:
A. Lessee is familiar with the premises and that the taking of possession of the leased property shall
he conclusive evidence that the leased premises were at the time of the taking of possession in goad,
clean, sanitary and Lesseeable 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 i,essee hereby releases the Lessor from any and all claims arising from any defects in the
condition of the said leased premises, the streets, alleys, areas, area ways, passages, or sidewalks
adjoining or appur Lessee thereto.
B. Lessee will not use or permit anything to be used or done upon the said premises that might be
dangerous to life or limb and that the Lessee will not in any manner deface or injure the said premises or
do anything that will increase the rate of insurance thereon, or permit anything to be done upon said
premises, or in the passageways, alleys, areas, 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. Lessee may use and occupy the leased premises for the purpose of the conduct or the practice of
educations and training activities and activities incidental thereto, and not otherwise. Lessee shall not
use or knowingly permit any part of the leased property to be used for any unlawful purposes, and shall
comply with all of the laws and regulations of the City of Bozeman, State of Montana, and the United
States of America.
6. ALTERATIONS AND MODII+ICA REPAIRS:
A. Lessee will keep the said leased property in clean and sanitary condition, without any obligation
on the part of the Lessor to make any alterations or improvements of any kind in or about the premises,
and that the Lessee will repair or replace promptly all damages to the premises due to the acts of the
Lessee, its agents, or its invitees.
B. Lessee will make no alterations in, or additions to, the said 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.
C. With respect to all alterations or improvements to said premises which the Lessee Under -takes
with the written consent of the Lessor, that the Lessee shall in each instance save said i.,essor 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 agent, contracts, or employees for any negligence or for the failure of any
of them to observe and to company 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.
D. Except as herein set forth to the contrary, Lessor shall bear the expense of all repairs,
maintenance, alterations, or improvements as it, in its sole discretion, determines required on the leased
property.
7. RIGHT'f0 RE-DECORATE: Lessee shall have the right from time to time to decorate and
redecorate the leased property, at Lessee's sole expense, all of which shall be done in a good and
workmanlike manner, and with the prior written consent of Lessor. Lessor upon the building upon
which the leased property is located, and shall indemnify the hold Lessor harmless in connection
therewith.
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8. CONDITIONS AND PEACEFUL POSSESSION: Except as provided in paragraph 9, Lessor
covenants and agrees that the premises shall be maintained in good repair and Lessecable condition,
excepting in case of damage resulting from the negligent or intentional acts of the Lessee, its servants,
agents, and employees, and business invitees, and further, as long as Lessee pays the rent and performs
the covenants and agreements herein contained and performed Lessee shall peacefully and quietly have,
hold and enjoy the leased property for the term aforesaid and any extension thereof.
9. UTILITIES: All applications and connections for necessary utility services on the demised
premises shall be made in the name of lessees only. Lessee shall be solely liable for utility charges as
they become due, including, but not limited to, those of sewer, water, gas, electricity, security, and
telephone and data services. Lessee is responsible for any phone or data services. Lessee is responsible
for Telephone /TV installation and all charges for services thereafter.
10. LIABILITY OF LESSOR:
A. Lessee agrees that the Lessor shall not be liable for any damage or injury either to person or
persons or property or for the loss of property sustained by the lessee or by any other persons on the
leased premises due to any act of negligence of the Lessee.
B. Lessee waives all claims against lessor for damages to goods or for injuries to persons on or
about the demised premises from any cause arising at any time.
C. Lessee will indemnify lessor on account of any damage or injury to any person, or to goods of
any person, arising from the use of the demised premises by lessee, or arising from the failure of lessee
to keep the demised premises in good condition as provided in this lease agreement.
D. Lessor shall not be liable to lessee for any damage by or from any act of negligence of any other
occupant of the same building, or by any owner or occupant of adjoining or contiguous property.
E. Lessee agrees to pay for all damage to the building, as well as all damage or injury suffered by
tenants or occupants of the building caused by the misuse or neglect of the demised premises by lessee.
11. DESTRUCTION OF PREMISES:
A. it is agreed between the Lessor and the Lessee that if during the term of this lease the ]cased
premises or the improvements thereupon shall be injured or destroyed by fire or other unavoidable
casualty or rendered unLessecable by public authority without the failure of Lessor, so as to render the
leased properly unfit for occupancy, or to such an extent that the premises cannot be repaired with
reasonable diligence in 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 leased property and all interest therein to the Lessor, and the Lessee shall pay rent only to
the time of said destruction or act.
B. If the leased property 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 no
end or terminate on account of such injury by fire or otherwise, but the rent shall nor run or accrue after
injury and furthering the process of repairs, except only that the Lessee shall during such titne pay a pro-
rated portion of such rent apportioned to that portion of the leased property which are in condition for
occupancy or which may actually be occupied during repairing periods.
C. If, however, the leased property 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 cease or be abated during such repairing.
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D. All equipment, appliances, fixtures, improvements, or betterments placed by the Lessee on the
leased premises which shall be damaged or destroyed in any of the events aforementioned, shall be
repaired and replaced by the Lessee at its owner expense and not at the expense of the 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's, 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: Lessee agrees that it will not sublet the leased property or
any part thereof and will not assign this least or any interest therein or permit such lease to become
transferred by operation of law or otherwise and will not commit any act or acts which will cause the
lease to becorne sublet or assigned in whole or in part unless the written consent of the Lessor endorsed
thereon shall first be obtained and in each and every case of underletting or assignment, as may from
time to time occur or be desired and that nothing whatever shall be held to be a waiver or supersede the
necessity of such endorsement. Lessee may associate other individuals of the same discipline and
profession as Lessee and such association shall not be deemed subletting under the terms of this
Agreement.
13. BREACH OR DEFAULT: If the leased property shall 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 terra, or there
shall be a default in the payment of any rent or any part thereof, for more than fifteen (15) days, or if
there shall be a default in the performance of any covenant, agreement, condition, rule or regulation
herein contained, or hereafter established on the part of the Lessee for more than fifteen (15) days after
written notice of such default by the Lessor, Lessee's rights in this lease (if the Lessor so agreements
shall be deemed to be taken to be a waiver of any succeeding breach thereof.
14. KEY AGREEMENT, ACCESS:
A. Lessee shall have a MEDECO key to the building upon which the leased property is located, and
to the leased property. 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
under lease and lessee is physically and financially responsible for the safekeeping of such MEDECO
key. In the even of loss of the MEDECO key, Lessee further acknowledges responsibility for the full
cost of the replacement of such key(s) and if necessary the cost of rekeying locks and cutting new keys
for building tenants. Upon termination of the Lease agreement, Lessee shall voluntarily surrender the
assigned MEDECO key(s).
B. The building in which the leased property is located shall be open for entry of Lessee, Lessee's
employees and business invitees. Lessee may have access to the leased property at all times, in
connection with his /her business. Lessee shall have the duty of keeping the entry to the building secure
during such times, so the unauthorized personnel may not enter after the business hours, from 8:00
o'clock a.m., until 5:00 o'clock p.m., Monday through Friday.
C. Lessee will permit the Lessor at all reasonable times as allowed by law, to enter the leased
property to inspect its condition and at Lessor's election to make reasonable and necessary repairs
thereon for the protection and for the preservation of the property, also the Lessor shall the right to enter
upon the leased property to ascertain its condition or to ascertain the performance or non performance of
any of the covenants of his lease or to show the premises to persons who may wish to rent the same after
the expiration of this lease agreement.
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15. MORTGAGE SUBORDINATION: 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 ]eased property: 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.
16. INSURANCE:
A. Lessee shall keep the building of which the demised premises are a part of insured against loss or
damage by fire to the extent of the full insurable value of the building, including all improvements,
alterations, additions, and changes made by either party to this lease agreement.. All insurance required
by this provision shall be carried for the mutual benefit of the parties in proportion to their interests in
the demised premises. The insurance areeier shall be one mutually acceptable to the parties.
B. All insurance proceeds collected shall be used toward the full compliance with the obligations of
lessor assumed under Section 6 and 8 of this lease agreement relating to the duty of lessor to maintain
the demised premises in good repair.
C. Lessee is an agency of the state of Montana and shall maintain all insurance in accordance with
the requirements of Title 2, Chapter 9, MCA.
17. SURRENDER UPON TERMINATION:
A. Lessee, upon leaving the premises hereby leased, shall at its own expense repair any daunage
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.
B. Lessee agrees to return the leased property peacefully and promptly to the Lessor at the end of
the term of this lease, or at any previous termination in as good condition as the same are in or hereafter
put in, ordinary wear expected.
C. The Lessee shall on the last day of the term, or upon sooner termination of the term, peacefully
and quietly surrender the leased property to the Lessor in as good condition as it was at the beginning,
reasonable wear and tear expected. Lessee shall remove all of its property so that Lessor can repossess
and enjoy the leased property not later than noon on the day upon which the lease ends, whether upon
notice or by holdover or other wise. Lessor shall have the same right to enforce this covenant by
ejectment for damages or lease. Lessee may at any time before or upon termination of this lease remove
from the leased property all equipment, property and fixtures installed by Lessee provided such property
is moved without substantial injury of the leased property. No injury shall be considered substantial if it
is property corrected or restored to the condition prior to the installation of such property. 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.
18. RESTROOM FACILITIES: Lessor shall provide restroom facilities on the premises for the
use of Lessee and Lessee's agents, employees, and business invitees, provided further, that Lessee's use
thereof shall not be exclusive but to the contrary, shall be in common with all the other Lessees,
employees and business invitees occupying or using the building.
19. SECURITY DEPOSI'h: No deposit required for state agencies
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20. HOLDING OVER: If Lessee shall remain in possession of the leased premises after the
expiration of either the original term of this lease or of any extended term, except pursuant to an exercise
of option to renew, such possession shall be as a month to month tenancy, with consent of Lessor. if
lessee holds possession of the demised premises after the term of this lease agreement, lessee shall
become a tenant from month -to -month on the terms specified in this lease agreement, but at a monthly
rental of N/A per month payable monthly in advance on the 15 day of each month. Lessee shall
continue to be a month -to -month tenant until the tenancy shall be terminated by lessor, or until lessee
has given to lessor a written notice at least one month prior to date of termination of the monthly
tenancy of lessee's intention to terminate the tenancy.
21. 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, registered and
postage prepaid, and addressed as follows:
To lessor: City of Bozeman, P.O. Box 1230, Bozemnan, MT 59771 -1230
To lessee: MSU- Extended University Montana State University, P.O. Box 173860 Bozeman, MT
59717- 3860 The address to which any notice, demand, or other writing may be given or made or sent
to any party 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 person that can be reached
in the event of an emergency or for any occasion when Lessee is out of town or otherwise available.
Such list will be kept current and updated as necessary.
21 TIME OF ESSENCE: Time if of the essence of this lease with respect to the perfori nance by
the Lessee of its obligations thereunder.
23. ENTIRE AGREEMENT: This lease agreement shall constitute the entire agreement between
the parties. Any prior understanding or representation of any kind preceding the date of this lease
agreement shall not be binding upon either party except to the extent incorporated in this lease
agreement.
24. MODIFICATION OF AGREEMENT: Any modification of this lease agreement or additional
obligation assumed by either party in connection with this agreement shall be binding only if evidenced
in a writing signed by each party or an authorized representative of each party.
25. ATTORNEY'S FEES: In any legal action brought by either party to enforce any of the terms of
the Agreement, the prevailing party shall be entitled to all costs and expenses incurred in connection
with such action, including a reasonable attorney's fee. Any and all legal action brought under this lease
or related to this agreement must be brought in Gallatin County.
26. PARAGRAPH HEADINGS: The paragraph headings in this instrument are for convenience
only, and do not limit or construe the contents of any paragraphs.
27. BINDING EFFECT: This Agreement shall be binding upon and inure to the benefit of the
heirs, successors, administrators and assigns of the parties hereto.
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28. SIGNAGE:.Lessee shall pay for any signage located on the wall next to the office entry door;
such signage shall be similar to other signage in the building. Lessor shall add Lessee's name to the
building marquee. 'There shall he no exterior signage allowed.
29. INDEMII+ICATION:
(a) Lessee's Indemnity. Lessee indemnifies, defends, and holds Lessor harmless
from claims:
(i) for personal injury, death, or property damage;
(ii) for incidents occurring in or about the Premises or Building, and;
(iii) caused by the negligence or willful misconduct of Lessee, its agents,
employees, or invitees.
When the claim is caused by the joint negligence or willful misconduct of Lessee and Lessor or Lessee
and a third party unrelated to Lessee, except Lessee's agents, employees, or invitees, Lessee's duty to
defend, indemnify, allocable share of the joint negligence or willful misconduct.
(b) I..cssor's Indemnity. Lessor indemnifies, defends, and holds Lessee harmless
from claims:
(i) for personal injury, death or property damage;
(ii) for incidents occurring in or about. the Premises or Building, and;
(iii) caused by the negligence or willful misconduct of Lessor, its agents,
employees, or invitees.
(c) Lessee's sole remedy to satisfy the judgment shall be:
(i) Lessor's interest in the Building and Land including the rental income and
proceeds from sale, and;
(ii) any insurance or condemnation proceeds received because of darnage or
condemnation to, or of, the Building or Land that are available for use by
Lessor.
When the claim is caused by the joint negligence or willful misconduct of Lessor and Lessee or Lessor
and a third party unrelated to Lessor, except Lessor's agents, employees, or invitees, Lessor's duty to
defend, indemnify, and hold Lessee harmless shall be in proportion to Lessor's allocable share of the
joint negligence or willful misconduct.
(d) Release of Claims. Notwithstanding paragraphs (a), (b), and (c), the parties
release cacti other from any claims either party (injured Party) has against the other. This
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release is limited to the extent the claim is covered by the Injured Party's insurance or the
insurance the Injured Party is required to carry under Section 11, whichever is greater.
30. SPECIAL PROVISIONS:
In exchan e for the use of the space covered in this lease agreement MSU- Extended
l)niversit provide 2 two spaces in each scheduled non credit class with a class fee less than 150 for
City ol' Bozeman employees no charge.
DATEl� 200
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Lessor /Manager
DATE 209 h /W
Lessee
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