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HomeMy WebLinkAbout01- Cook, Gene; Stadium Center Storage Room , LEASE AGREEMENT THIS LEASE, made and entered into this Q day of Apr; 1 ,2001 by and between the City of Bozeman, a municipal corporation of the State of Montana, located at 411 East Main, Bozeman, Montana 59715, and whose mailing address is P.O. Box 1230, Bozeman, Montana 59771, hereinafter referred to as "City" and Gene Cook with a mailing address of 2504 W. Main, Suite P, Bozeman, Montana 59718, hereinafter "Lessor". WITNESSETH: 1. Premises Lessor, for an in consideration of the of the covenants set forth in this agreement, does hereby agree to lease, let and demise unto the City a storage room located in the Stadium Center located at 2023 Stadium Drive, Bozeman Montana to be used for storage by the Bozeman Police Department. 2. Terms a. The City shan be entitled to fun ingress and egress into the above described premises for a period of three (3) years, from the 27th day of December 2000. The City shan pay to Lessor an amount equal to Four Hundred ($400.00) Donars per month to be paid on an annual basis not later than the 27th day of December each year. The first payment shall be paid not later than thirty (30) days from the date of execution of this agreement. The Parties further agree that said monthly rental shall increase not more than 3% annually. b. The City shan, at its option, have the right and privilege to extend the lease by a period up to three (3) years. To exercise this option, the City shall give notice in writing by certified mail, return receipt requested, at the mailing address as set forth above not less than sixty (60) days prior to the 1 ~ , , termination of the lease as set forth herein. Any extension or renewal will be on subject to the same terms and conditions as contained in this agreement. c. It is specificany understood and agreed that any documents stored in the storage room could be confidential in nature. Therefore, the Lessor agrees no one besides the City shall have access to the room at any time including but not limited to janitors and other maintenance personnel. Additionany, given the nature of the materials stored in the room and excepting any emergencies, Lessor agrees to give the City at least twenty-four (24) hours prior to any inspection or maintenance of the room and, whenever possible, to have a member of the Bozeman Police Department present. d. It is specifically understood and agreed that any holding over or continued use and/or occupancy by City of the leased premises after the expiration of this agreement or any properly extended period thereof will operate as a tenancy from month to month on the same conditions set forth in this agreement. 3. Utilities Lessor will provide, in his name, and pay for all utilities including, but not limited to, electricity, gas, water and sewer.. The parties mutually agree and understand the room does not currently have telephone lines and none shan be used or required. 4. Care of Premises a. Lessor, at his expense, will supply full janitorial service to the building. Further, he shall provide and maintain the entire building in satisfactory working condition, including but not limited to proper heating, plumbing, light fixtures, bulbs and all utilities. b. After termination of this lease, whether by forfeiture or expiration of the terms of the lease, 2 .... I the City will redeliver possession of the premises to Lessor in as good condition and state of repair as the existed at the time the parties originally entered into this agreement with the exception of reasonable wear and tear or damage by the elements. The City will not make any changes or alterations in the building without having first obtained the written consent of Lessor or such other person he may designate. 6. Right to Sublease the Premises The City will not assign this lease or sublet the premises at any time during the term of this agreement. 7. Default The parties acknowledge that time is of the essence to this Agreement. In the event either party should default under the terms of this Agreement, the nondefaulting party shall give the defaulting party a notice of said default, in writing, and directed to the address set forth above. The defaulting party shall have thirty (30) days in which to cure said default. If said default is not cured, then the nondefaulting party shall be entitled to proceed to cure said default, to seek damages, or to pursue other remedies available at law or in equity. 8. Cancellation of Lease At any time prior to the termination date of this agreement, either party may terminate this lease agreement for any reason. The party wishing to terminate the agreement will give the other party at least sixty (60) days notice of its intention to do so. Said notice will be in writing and mailed certified, return receipt requested to the mailing addresses set forth herein and will specify the effective date of the tennination. 3 / '-1- --.,"., ~~_."'. .----,...- - .:.,.,