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HomeMy WebLinkAbout04- Miller, Jill; 7022 Sourdough Canyon Rd. , LEASE This lease, made and entered into this 1 st day of October, 2004, 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 "CITY", and Jill Miller, 7022 Sourdough Canyon Road, Bozeman, Montana, 59715, hereinafter referred to as "LESSEE". It is mutually understood and agreed by and between the parties hereto as follows: I. Premises: The CITY, for and in consideration ofthe rents to be paid and the covenants to be performed by LESSEE, does hereby lease, let and demise unto LESSEE the use of the home, garage and immediate yard area of the single- family residence owned by the City of Bozeman located in the vicinity of the City's Water Treatment Plan, located at 7022 Sourdough Canyon Road, Bozeman, Montana. 2. Emolovment Status: It is acknowledged that LESSEE is an employee of CITY'S Water Treatment Plant Division, hereinafter referred to as "Plant". While it is beneficial for CITY to have a Plant employee living near the Plant, this Lease does not bind LESSEE to any employment services other than specifically outlined in the City of Bozeman Employee Handbook and the Collective Bargaining Agreement between City of Bozeman and Butte Teamsters Local Union No.2. More specifically, LESSEE will not be expected to be available during non-scheduled work time, except as outlined in the Handbook and Collective Bargaining Agreement. As a Plant employee, LESSEE is fully aware that up to five ton of chlorine gas is maintained at the Plant, and hereby acknowledges the detrimental health effects of a chlorine gas leak, for and on behalf of all persons residing or visiting the leased premises. LESSEE further acknowledges the Plant is operated 24 hours per day, 365 days per year, and that Plant personnel access and leave the Plant via the driveway between the house and garage covered under this Lease. LESSEE further acknowledges that because the Plant operates 24 hours a day, maintenance work, equipment, and motors will generate noise, and that the noise may be constant throughout a 24 hour period. 3. Term: To have and to hold the above rented premises unto LESSEE for and during the full term of one (1) year, from the date listed above unless sooner terminated as hereinafter provided, and will be automatically extended thereafter. PROVIDED, HOWEVER, that should LESSEE'S employment terminate with CITY for any reason, this Lease will terminate concurrently with employment status. 1 4. Rent: a. LESSEE shall pay as rent during the term of this Lease the sum of Six Hundred ($600.00) Dollars payable on a monthly basis beginning on the 181 day of November, 2004, which will cover rent for the month of October, and due on the first of every month thereafter, with the funds being applied to the previous month's rent. LESSEE hereby agrees to have the rental sum automatically deducted from her monthly paycheck from the City of Bozeman, beginning with the November 1, 2004 paycheck. LESSEE understands and agrees that no lease deposit is required, and that upon termination of the Lease, LESSEE and CITY will jointly inspect the property, and any property damage identified and not repaired by LESSEE to CITY'S satisfaction wi11 be repaired by CITY, and the cost of the repairs wi11 be withheld from LESSEE'S next monthly paycheck, or final paycheck, whichever the case may be. 5. Utilities: Included in the Rent received, CITY shall provide gas, water and sewer utilities for the house, and electricity for the garage at no additional cost to LESSEE. LESSEE shall have the electricity for the house placed in her name as soon as practicable and shall be responsible to pay all charges for the life of this agreement and which accrued after October 1, 2004. 6. Care of Premises/Improvements a. LESSEE, at her own expense, shall maintain the buildings on the property and keep them in the same condition they were when she took possession including but not limited to light fixtures and bulbs as well as all daily maintenance, cleaning and upkeep. Further, LESSEE is responsible for caring for the grounds including but not limited to mowing and watering where necessary, and maintaining any fences Lessee desires to install. LESSEE wi11 not make any changes or alterations to the property without having first obtained the written consent of the CITY. CITY wi11 repair/replace appliances that are on the premises at the time this Lease commences. 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 CITY 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. 7. Use ofthe Premises: It is understood and agreed that LESSEE is entering into this Lease for the purposes of using the house located on the property for her personal residence, and includes only the LESSEE and his/her immediate family, which is defined as spouse or significant other, and children, whether step-children or adopted, of LESSEE. The names of all persons residing in the house under this lease must be provided to the CITY upon 2 execution of the Lease, and upon any change of residents. This does not include visitors who may stay with LESSEE for less than seven (7) consecutive days. LESSEE must obtain permission from CITY for any visitors who may stay with LESSEE for seven (7) or more days, prior to their stay. 8. No Right to Sub-Lease the Premises: LESSEE shall not sub-lease or rent the property to any party, including "roommates" . 9. Pets: Pets may be allowed with the written consent of CITY, which must be obtained before pet(s) is brought onto premises. 10. Default: In the event LESSEE fails to make the payments as herein specified, or fails to fulfill any of the covenants herein contained, and any such default continues un-remedied for a period of thirty (30) days after written notice specifying such default shall have been mailed or personally delivered to LESSEE, then and in such event, it shall be lawful for CITY 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 CITY 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 CITY under the terms hereof. 11. Cancellation of Lease: At any time prior to the termination date of this agreement, either party may terminate this lease for any reason. Should CITY wish to terminate the agreement, they will give the LESSEE sixty (60) days notice of its intention to do so. Should LESSEE wish to terminate the agreement, LESSEE will give the CITY at least two-weeks notice of its intention to do so. Said notice will be in writing and hand delivered from one party to the other, and will specify the effective date of the termination. Further, it is agreed that if the premises be so damaged by fire or other casualty as to be rendered to be untenable or virtually unusable, this Lease will cease and come to an end with no penalty to either party. 12. Indemnification: LESSEE agrees to indemnify, defend and hold CITY 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. 3 13. Insurance. LESSEE understands and agrees that CITY insurance will not cover loss of LESSEE's personal belongings. LESSEE agrees that she will maintain and pay for general renter's and liability insurance at all times during the term of this Lease affording protection to the CITY and LESSEE. Said insurance shall name the CITY as an "additional insured" under the liability policy or policies. All insurance must remain in effect for the entire lease term including any extensions. The policy or policies will contain a provision that no cancellation thereof will be effective without thirty (30) days written notice to the CITY and LESSEE. 14. Miscellaneous Covenants and Provisions: a. LESSEE agrees to conform to such reasonable regulations as may be established from time to time by the CITY. b. Neither LESSEE nor the CITY shall be deemed to have waived any provision of this Lease unless such waiver is in writing signed by the CITY and LESSEE; and no modification of this Lease shall be binding unless in writing. c. The CITY 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 the CITY 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. Unless otherwise provided herein, an notices prescribed herein shall be written and served by registered mail and directed to the CITY at Post Office Box 1230, Bozeman, Montana 59771-1230, Attention: Director of Public Service, or such other place as the CITY may specify in writing, and to LESSEE at 7022 Sourdough Canyon Road, Bozeman, Montana, 59715, 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 shan be entitled to reasonable attorney fees including fees and salary paid by the CITY 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 shall be in the Eighteenth Judicial District, Gallatin County, Montana. 4 . . h. It is mutually 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 all 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 shall not affect or impair any other provision. 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 CITY shall not be liable for any obligation incurred on or in connection with said premises by LESSEE unless otherwise herein provided. It is agreed that no liens may be filed against the CITY'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. LESSOR: CITY OF BOZEMAN By:f~A~ City Manager ~ST: .. 1ft: ~;t.~ Robin L. sum~ Clerk ofthe commisslon~ , - LESSEE: ... ~N7.~ Ji . Iller STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~<rt day of Or~ ~ ,2004, before me, the undersigned, at Notary Public for the State of Montana, personally appeared Chris Kuku/ski 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. 5 . ~ IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal the day and year first above written. 4fj, Pf Lv-u~ (SEAL) ~gnature ~;r/'fI, 4 V ~A- Printed Name Notary Public for the State of Montana, residing at Bozeman My Commission Expires J; .If""~';? j(/ 1 STATE OF MONTANA ) ) ss. County of Gallatin ) On this zgthdaY of ~2004, before me, the nndersigned, at Notary Pnblic for the State of Montana, perso ally appeared Jill Miller, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ':LW VAAL 8rfA/{)11~ SIgnature - - tt.R(~e 6 ve VGt ~ --- -- - - Printed Name - -... - --- Notary Public for the State of Montana, residing at Bozeman My Commission Expires 3/2S--- !2[X)? 6 -