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HomeMy WebLinkAbout01- Emerson Cultural Center; Beall Park Building ._--_._-_.~ - .-... --........-... LEASE THIS LEASE, made and entered into this 23rd day of Julv ,2001, by and between The City of Bozeman, a municipal corporation of the State of Montana, located at 411 East Main, Bozeman, Montana 59715, hereinafter referred to as "Lessor," and the Emerson Cultural Center, Inc., with mailing address of 111 South Grand, Bozeman, Montana 59715, hereinafter referred to as "Lessee"; WITNESSETH: It is mutually understood and agreed to by and between the parties hereto as follows: I. Premises: Lessor, for and in consideration ofthe performance of the covenants set forth in this Agreement, does hereby lease, let and demise unto Lessee all of that building known as the Beall Park Building located in Beall Park on North Bozeman A venue between Villard and Short Streets. Lessee may use the warming room for skaters measuring approximately 8' x 19: and located in the building's southwest corner only during the off-season period when the ice rink in Beall Park is unavailable for public use. 2. Terms: a. This term of this Agreement will be for five years beginning on the 1 st day of February 2002 and terminating not later than the 3151 day of January 2007, unless sooner terminated as hereinafter provided. Lessee further agrees to vacate the premises and return possession to Lessor not later than 5:00 p.m. on the 3pt day of January 2007. b. The Lessee agrees to pay to the Lessor, for the use and enjoyment of the premises herein described as follows: 1. $1,800 for year one 2. $3,600 for year two 3. $5,400 for year three 5. $7,200 for year four 6. $10,000 for year five All payments will be in two equal installments made not later than February 5 and August 5 of each year. Failure to do so will be considered a material breech of this agreement. c. The Lessee agrees to provide a public skaters' warming room if the 8' x 19' space is not available in the Beall Park Building. This space must be acceptable to the City Zoning Administrator and the City Parks Superintendent. Lessee further agrees to make any changes or adjustments to meet any reasonable demands by the City Zoning Administrator or Parks Superintendent. Failure to do so will be considered a material breech of this agreement. 3. Utilities: Lessee will pay all utilities for the building, including but not limited to, electricity used in the building, for the skaters' wanning room and the toilet facilities located outside to the west of the building, gas, water and sewer. Lessee agrees to make all the necessary arrangements to ensure all bills for utilities will be in the Lessee's name. Should the accounts for these utilities transfer from the Lessee to the Lessor during the life of this Agreement for any reason, Lessor will treat same as a material breech of this Agreement, 4. Care of Premises, Improvements by Lessee: a. Lessee will be responsible maintenance of the interior of the building, including but not limited to, providing full janitorial service, maintenance of general wear and tear of plumbing and heating fixtures, light fixtures, bulbs, and the paying of all utilities. In no event, however, will the lessee's responsibilities 2 extend to the toilet facilities located outside the building on the west side. b. After termination of this Lease, whether by forfeiture or expiration, Lessee will redeliver possession of said premises to the Lessor in as good condition and state of repair as at the time this Lease takes effect, reasonable wear and tear and damage by the elements excepted; provided, however, that the Lessee will not make any changes or alteration in the building orto its structure nor place any signs on the building or the premises without first having obtained the written consent ofthe City Manager or such other person as the City Manager may designate in writing. Should the Lessee fail to deliver the building to the Lessor in satisfactory condition, Lessee will be responsible for all repairs and will reimburse the Lessor for any reasonable costs of repairs made. 5. Use of the Premises: It is understood and agreed that this Lease is made for the purpose of permitting Lessee to use the premises for housing a community arts center and Lessee further agrees that it will not use or permit the use of demised premises contrary to any valid laws of the State of Montana or ordinance of the City of Bozeman. Lessee further agrees that alcohol is prohibited on or at the premises at any function sponsored or operated by a nonparty to the Lease. 6. Right to Sublease the Premises: The Lessee will not assign the Lease or sublet the premises, or any part thereof, except for short term rental of premises for a period not exceeding 48 hours for programs which are designed to support the intent of this Lease of promoting a community arts center. 7. Default: In the event Lessee fails to fulfill obligation agreed to in this lease, Lessor will, in writing, inform 3 .-........--".-- -- Lessee specifying the failure or default. Lessee will have six ty (60) days afterreceiving the written notice remedy or correct the failure or default specified. Should Lessee fail to do so, the Lessor may, in its discretion, immediately enter and retake possession of the prerrrises or 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 reentry by Lessor under the terms hereof. The exercise of any options under this agrcement by the Lessor will not preclude Lessor for exercising any and all other rights or options allowed under Montana Law. 8. Indemnification. Insurance: a. Lessee agrees to indemnify and hold harmless the Lessor and its officers, employees, and agents against and from any and all liability, damage, expense including attorney fees, cause of action, suits, claims judgments of any character whatsoevcr brought or asserted for injuries to, or death of any person or persons, or damages to property arising out of, resulting from or occurring in connection within the leased premises oron the adjoining property which arise out of any act, failure to act, ornegligence of Lessee, Lessee's agents, employees, invitees, guests, sublessees or renters. b. Lessee further 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 lirrrit ofliability of not less than One Million, 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 4 policies will contain a provision that no cancellation thereof will be effective without thirty (30) days written notice to the Lessor and Lessee. 9. Property Insurance: a. Lessor agrees that it will, during the original term hereof, or any extension thereof, keep in effect upon the leased premises, such insurance as it deems necessary on the shell of the building and such fixtures as are a part of the building leased. b. It is agreed that ifthe demised premises will be so damaged by fire or other casualty as to be rendered totally untenable, and amount virtually to the complete destruction thereof, this Lease will cease and come to an end as to both parties. c. Lessee will be solely responsible for all fixtures and leasehold improvements made by it as well as for all personal property belonging to it or any third party and may insure such as Lessee desires. 10. Cancellation of Lease: Except as provided in paragraph 7 of this agreement, either party may terminate this lease agreement with at least twelve (12) months written notice. Said notice will be sent certified mail to the mailing address contained herein and shall be effective the date of receipt. 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 norLessorwi11 be deemed to have waived any provision ofthisLeaseunless such waiver is in writing signed by the Lessor and Lessee; and no modification ofthis Lease will be binding unless in writing. 5 c. Lessor wi II have the right to reenter upon and into the demised premi ses or any part thereof at all reasonable timcs to inspect the same or to make any repairs or improvements which it may desire or which might be required to it. Further, access will be allowed by Lessee to Lessor to the "hose room" in the basemcnt via the west stairway to get hoses and equipment for the skating program. d. The covenants and conditions of this Lease will be deemed continuing and forbearance by Lessor to enforce forfeiture on the occasion of one or more breaches thereof, will not be construed as a waiver of the right to enforce such forfeiture on any subsequent breach. e. All notices prescribed herein will be written and served by registered mail and directed to Lessor at P.O. Box 1230, Bozeman, Montana 59771-0640, Attention: City Manager, or such other place as Lessor may specify in writing, and to Lessee at 111 South Grand, Bozeman, Montana 59715, Attention: Secretary or President of the Board, or at such other place as Lessee may specify in writing. f. It is mutually agreed and understood that in the event either party hereto will bring any legal action against the other to enforce any right or obligation based upon this Lease, each party wi II bear its own costs and ex penses of any kind and nature whatsoever incident to the prosecution or defensc of such action or the preparation thereof, including attorneys fees. g. It is mutually agreed that time is of the essence of this Lease, that the terms will bind the successors and assigns ofthe parties and that all prior understanding of the parties, either written or oral are mergcd herein and that this document constitutes the entire understanding of the parties. h. The provisions of this lease are severable and the invalidity or unenfofCeability of any provision of this Lease will not effect or impair any other provision. i. Lessee agrees to keep the property free of all liens during the existence of this Lease or any 6 renewals thereof and it is expressly agreed that the Lessor will not be liable for any obligation incurred on orin 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. THE EMERSON CULTURAL CENTER, INC. By t!z~ ~~ Its ... ~)Cee wI-//~ ---:tJ1'e~ Lessee Attest: By Secretary The City of Bozeman By 1 \ - Its City Manager Lessor CilJl~ Clerk of the City Commission 7