HomeMy WebLinkAbout02- Humane Society; Animal Shelter
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LEASE
THIS LEASE, made and entered into this I ~ day of ~ 2002, by and between
the City of Bozeman, a municipal corporation of the State of Monta ,located at 411 East Main
Street, Bozeman, Montana, 59715, hereinafter referred to as "LESSOR", and Humane Society of
Gallatin Valley, a Montana non-profit corporation of2125 North Rouse, Bozeman, Montana 59715,
hereinafter referred to as "LESSEE".
WITNESSETH:
It is mutually understood and agreed by and between the parties hereto as fonows:
1. Premises:
Lessor, for and in considcration ofthe 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 more particularly described as:
Beginning at a point 50 feet west and 210 feet south of the center of Section 31,
Township I South, Range 6 East, west 210 feet; thence north 310 feet; then east 210
feet; thence south 310 feet.
2. Term:
To have and to hold the above rented premises unto the Lessee for and during the full term
ofthree (3) years, from the 1 st day of July 2002 unless sooner terminated as hereinafter provided.
3. Rent:
a. Lessee shall pay as rent therefor during the term of this Lease the sum of One Dollar
($I.OO) payable upon execution of this Lease Agreement.
b. 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 cxpiration of said Lease.
4. Utilities:
Lessee shall have all utilities, electricity, gas, water and sewer placed in its name and shall
pay all bills therefor.
5. Care of Premises/Improvements bv Lessee:
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a. Lcssee, at its own expensc, 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
utilitics.
b. After termination of this Lease, whether by forfeiture or expiration of the terms of said
Lease, Lessee win 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.
6. Use of the Premises:
It is understood and agreed that this Lease is made for the purposes of maintaining the
existing structure to provide temporary housing and care for stray animals within the City of
Bozeman as wen as any animals impounded by the Lessor in accordance with the Agreement
executed contemporaneously with this Lease. Lessee further 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.
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 evcnt Lessee fails to make the payments as herein specified, or fails to fulfill any of
the covenants herein contained, and any such default continues unremedied for a period ofthirty (30)
days after written notice specifying such default shan have been mailed to the Lessee, then and in
such event, it shan be lawful for Lessor to enter and take fun and absolute possession ofthe above
rented premises and to hold and enjoy the same funy 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. Tennination:
Either party may terminate this Lease by giving thirty (30) days' notice in writing to the other
party mailed to the addresses listed herein. Additionally, should the either party fail to negotiate an
Agrecment with the City of Bozeman to house stray animals, or for any reason said Agreement is
terminated by either party, then in that event, this Lease will automatically terminate upon the
termination of said Agreement. Upon termination of this lease, Lessee win have sixty (60) days to
vacate the premises and return the same to the City of Bozeman.
10. Indemnification:
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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, invitce or guests.
II. Insurance.
Lcssec agrees that it will, at all times during the term of this Lease, maintain and pay for
comprehensive general liability insurance affording protection to thc Lessor and Lessee, naming the
Lessor as an "additional insured" under the policy or policies combined bodily injury and property
damagc limit of liability of not less than One Million Dollars for each occurrence. Lessee further
agrees to deliver to Lessor, prior to the commencement of the term hereof, 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
cancellation thereofwi11 be effective without thirty (30) days written notice to the Lessor and Lessee.
12. 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 ofthis 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, shan
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 ofthe 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. It is mutually agreed that time shall be of the essence ofthis Lease, that the terms hereof
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shall bind the heirs, personal representatives, successors and assigns ofthe parties and theat all prior
understandings of the parties, either written or oral are merged herein and that this document
constitutes the entire understanding of the parties.
h. 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.
i. 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.
j. Lessee agrees to enter into 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. 1 -~
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City Manager
ATTEST:
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Ro in L. Sullivan
Clerk of the Commission
LESSEE:
HUMANE SOCIETY OF GALLA TIN V ALLEY
By: lJWM&-~;u
Executive Director
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STATE OF MONTANA )
) ss.
County of Gallatin )
On thisJUL day of , 20g, before me, the undersigned, at Notary Public for
the State of Montana, pers ly peared Clark Johnson and Robin Sullivan, known to me to be
the City Manager and Cle 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 a
and year -first above written.
(SEAL)"
.- ,Ed/l-A ~~/;;C(#
Print
Notary Public for the State of Montana,
residing at Bozeman
My Commission Expires 6 -/,f-dt)l A.
STATE OF MONT ANA )
) ss.
County of Gallatin )
On this ~ day of July ,2002, before me, the undersigned, at Notary Public fOf
the State of Montana, pefsonany appeared Leeann Beckman and Jane Le rne r ,
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 ofthe Humane Society
of Gallatin County.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL) \ \ \ I 11/'1 ~/?
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~*'. SEAL :*~ Notary Public for the State of Montana,
.- ~. . !r" ~ residing at Bozeman
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", *Iii: . . .. (#~ ,'" My Commission Expires
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Pe~gy J. Simmons
No ary public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires June 18, 2003