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HomeMy WebLinkAbout03- Humane Society; Animal Shelter .- -. LEASE WHEREAS, the City of Bozeman requires an animal shelter for the purpose of impounding and caring for the animals found in violation of City of Bozeman ordinances; and WHEREAS, the Humane Society wishes to lease premises located at 2125 North Rouse from the City of Bozeman for the operation of an animal shelter; and WHEREAS, the Humane Society is in the process of improving the building located on these premises thus needed an extended lease; and WHEREAS, it is in the City of Bozeman's best interests to enter into an extended lease with the Humane Society in return for the Humane Society's continuation of services to the City of Bozeman for the care and shelter of certain stray animals found within the City limits. THEREFORE, in consideration 0 f the forgoing, t his I ease, made and entered into this ~ day of February 2003, by and between the City of Bozeman, a municipal corporation of the State of Montana, located at 411 East Main Street, Bozeman, Montana, 59715, hereinafter referred to as "LESSOR", and Humane Society of Gallatin Yaney, a Montana non-profit corporation of 2125 North Rouse, Bozeman, Montana 59715, hereinafter referred to as "LESSEE". WITNESSETH: It is mutually understood and agreed by and between the parties hereto as follows: 1. Premises: Lessor, for and in consideration of the rents to be paid and the covenants to be performed by the Lessee, does hereby lease, let and demise unto Lessee the use of the lot owned by the City of Bozeman located in the vicinity of2125 North Rouse, Bozeman, Montana. The Lessee's use shall be for the property is shown more particularly described as: A parcel of land located in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana consisting of approximately 2.432 acres and being further described as follows: Beginning at a point North 00055'15" West a distance of 587.14 feet and South 89004'45" West a distance of 50.00 feet, from the Southeast corner of the Southwest one-quarter of Section 31 (South 1/4 corner Section 31). Thence South 89004'45" West a distance of 230.00 feet. Thence North 00055'15" West a distance of 569.68 feet. Thence South 48037'24" East a distance of 229.07 feet. Thence along a 175.73 foot radius curve to the right through a central angle of 47042'09" for an arc length of 146.30 feet, with a chord of South 24046'20" East, a distance of 142.11 feet. Thence North 89004'45" East a distance of 3.10 feet. Thence South 00055'15" East along the West Right-of-Way of a Public Road ~ .. Easement granted on Film 92, page 1013, a distance of 285.55 feet to the point of beginning. 2. Term: To have and to hold the above rented premises unto the Lessee for and during the full term 0 ft wenty (20) years, from the date listed above unless sooner terminated as hereinafter provided. . 3. Rent: a. Lessee shall pay as rent during the term of this Lease the sum of One Dollar ($1.00) payable upon execution of this Lease Agreement. b. The parties shall execute and at all times during the lifetime of this lease have an enforceable agreement in which the Lessee agrees to accept certain animals found within the City limits in return for a negotiable fee. The Parties to this agreement acknowledge and admit that the City's consideration for entering into this lease with the Humane Society is to ensure the City will have the capability to house and care for these animals. The Parties further agree and admit that said contract is a material element necessary for the continuation of this lease and the termination of said agreement will be considered a material breach and grounds to terminate this lease as set forth herein. c. It is specifically understood and agreed that any holding over or continued use and/or occupancy by Lessee of the leased premises after the expiration of this Lease or any properly extended period thereof shall operate and be construed as a tenancy form month to month of the same conditions in force at the expiration of said Lease. 4. Utilities: Lessee shall have all utilities, electricity, gas, water and sewer p laced in its name and shan pay an bins therefore. 5. Care of Premises/Improvements bv Lessee: a. Lessee, at its own expense, shall supply full maintenance and janitorial services to the building. Further, Lessee shall provide and maintain the entire building in satisfactory working condition, including but not limited to proper heating, plumbing, light fixtures and bulbs and all utilities. b. After termination of this Lease, whether by forfeiture or expiration of the terms of said Lease, Lessee will re-deliver possession of said premIses, including all affixed improvements, to the Lessor 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. . - . ._.__._u_ _ ....._.___... ._.__ ..-----. .-.-....- ----.--- .. "" 6. Use of the Premises: It is understood and agreed that this Lease is made for the purposes of maintaining the existing structure top rovide temporary housing and care for stray animals within the City 0 f Bozeman as well as any animals impounded by the Lessor in accordance with an agreement executed by the parties to this lease. Lessee agrees that it win not use or permit the use of the demised premises contrary to any valid laws of the State of Montana or ordinance of the City of Bozeman. Lessee further agrees to allow the City of Bozeman to use any un-improved portions ofthe leased parcel provided said use does not interfere with Lessee's use. 7. Right to Sub-Lease the Premises: The Lessee will not assign this Lease or sublet the premises, or any part thereof. 8. Default: In the event Lessee fails to make the payments as herein specified, or fails to fulfin any of the covenants herein contained, and any such default continues unremedied for a period of thirty (30) days after written notice specifying such default shall have been mailed to the Lessee, then and in such event, it shall be lawful for Lessor to enter and take full and absolute possession of the above rented premises and to hold and enjoy the same fully and absolutely or the Lessor may re-enter and remove Lessee and those claiming under it by means of summary proceedings prescribed by the laws of Montana. Lessee expressly waives any notice of proceedings required by law to be given or taken preliminary to re-entry by Lessor under the terms hereof. 9. Indemnification: Lessee agrees to indemnify and hold Lessor 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 leased premises or which arise out of the use or occupancy thereof by Lessee, Lessee's agents, employees, invitee or guests. 10. Insurance. Lessee agrees that it will, at all times during the term of this Lease, maintain and pay for comprehensive general liability insurance affording protection to the Lessor and Lessee, naming the Lessor as an "additional insured" under the policy or policies combined bodily injury and property damage limit of liability in an amount to be determined by the Lessor. Lessor agrees to provide the Lessee written notice of the amount required and said amount shall be good for a minimum of one year. Lessee further agrees to deliver to Lessor a certificate or certificates of an insurance company or insurance companies satisfactory to Lessor, evidencing such insurance and that the Lessor is named as an "additional insured" on the comprehensive general liability insurance policy or policies. In addition, the policy or policies will contain a provision that no cancenation thereof will be effective without thirty (30) days written notice to the Lessor and Lessee. .. .' 11. Miscellaneous Covenants and Provisions: a. Lessee agrees to conform to such reasonable regulations as may be established from time to time by the Lessor. b. Neither Lessee nor Lessor shall be deemed to have waived any provision of this Lease unless such waiver is in writing signed by the Lessor and Lessee; and no modification of this Lease shall be binding unless in writing. c. Lessor shall have the right to re-enter upon and into the demised premises, or any part thereof, at all reasonable times to inspect the same or to make any repairs or improvements which it may desire or which might be required to it. d. The covenants and conditions of this Lease shall be deemed continuing and any forbearance by Lessor to enforce forfeiture on the occasion of one or more breaches thereof, shall not be construed as a waiver of the right to enforce such forfeiture on any subsequent breach. e. All notices prescribed herein shall be written and served by registered mail and directed to Lessor at Post Office Box 1230, Bozeman, Montana 59771-1230, Attention: City Manager, or such other place as Lessor may specify in writing, and to Lessee at Post Office Box 11390, Bozeman, Montana 59719, Attention: Director, or at such other place as Lessee may specify in writing. f. In the event it is necessary for any of the parties hereto to bring any action to enforce the terms and covenants of this agreement, it is agreed that the prevailing party shall be entitled to reasonable attorney fees including fees and salary paid by the Lessor to the City Attorney or other in-house counsel. g. This agreement shall be interpreted according to the laws of the State of Montana. Venue in any dispute arising from this agreement sh all be in the Eighteenth Judicial District, Gallatin County, Montana. h. It is mutuany 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 an 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 sh an not affect or impair any other provision. This lease specifically supercedes the lease dated 22 July 2002. j. Lessee agrees to keep the property free of all liens during the existence of this Lease or any renewals thereof and it is expressly agreed that the Lessor shall not be liable for any obligation incurred on or in connection with said premises by the Lessee unless otherwise herein provided. It is agreed that no liens may be filed against the Lessor's interest herein by reason of such obligation. ... , k. At all times during this lease, Lessee agrees to enter into and abide by a separate written agreement with Lessor for the care and custody of all animals impounded by the City of Bozeman. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. LESSOR: CITY OF BOZEMAN By. J- ~ ___ City Manager fZT~ ~ Robin L. Sunivan Clerk of the Commission LESSEE: HUMANE SOCIETY OF GALLATIN V ALLEY BY:~~ Executive Director A~ ' ", A. -I.. A Title: .....,~~~ STATE OF MONT ANA ) ) ss. County of Gallatin ) On this L7 'f1 day of /JJ~ , 201), before me, the undersigned, at Notary Public for the State of Montana, personally appeared Clark Johnson and Robin Sullivan, known to me to be the City Manager and Clerk of Commission, respectively, for the City of Bozeman and the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the within instrument for and behalf of the City of Bozeman. .. . '. IN WITNESS WHEREOF, I have hereunto set my hand dayand year first above written. (SEAL) E c!i-A Print Notary Public for the State of Montana, residing at Bozeman My Commission Expires j, -/5....rtJd 3- STATE OF MONTANA ) ) ss. County of Ganatin ) On this 2..5.... day of ~~rr ~ a i ~ ' 20!P3 before me, the undersigned, at Notary Public f~r the State of Montana, pe onally appeared L2.~Ni'1.11.l.~""&Ju11.atl._- and ...J AI~ b-- LE Rt..1E ~ known to me to be the Executive Director and Board President respectively, of the Humane Society of Gallatin Valley and the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the within instrument for and behalf of the Humane Society of Ganatin County. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. '(SEALJ~:-. ' ~AMJA ~ twvrJ ' ~ - . - - - - -- ,..-" - ~.iJ R-cr .fA- E lifn \- - ~ - - - -- ...... Print ~ - Notary Public for the State of Montana, c residing at Bozeman My Commission Expires ~