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HomeMy WebLinkAbout04- SD 7 & Bozeman Police Department; Room 294, Willson School ~ ., t. LEASE AGREEMENT ORIGINAL BOZEMAN POLICE DEPARTMENT BOZEMAN SCHOOL DISTRICT #7 This Lease Agreement ("Lease"), made and entered into as of this ~ day of July , 2004, by and between Bozeman School District No.7, with principal offices at 404 W. Main Street, Bozeman, Montana, hereinafter called "Lessor," and Bozeman Police Department, a division of the City ofBozeman, a municipal corporation of the State ofMontana with principal offices at 411 E. Main Street, Bozeman, Montana, hereinafter called "Lessee." WITNESSETH: WHEREAS, Lessoris the owner of certain real property situated in the City ofBozeman, Gallatin County, State of Montana, hereinafter referred to as the "premises," which Lessor wishes to lease to Lessee, NOW THEREFORE, in consideration of the rent reserved and the covenants hereinafter set forth, it is agreed as follows: 1. GRANT 1.1 Term. Lessor does lease to the Lessee the premises commonly known as Room l!H of the old Willson School Building for law enforcement training fortheBozeman Police Department TO HAVE AND TO HOLD the same for a term of one year, commencing the first day of the month following the execution of this Lease, which term is hereinafter called the "lease term." The lease term is automatically renewable fora like term upon payment of the rent due within 45 days of the expiration of the original lease term and any successive lease term. Lessee may exercise this option by making payment or by providing notice of the intent to exercise this option to Lessor prior to the expiration of the lease term. If either party desires to renegotiate this lease or any of its terms, such negotiations must occur prior to the expiration of the lease term or any payment being made or notice being given as provided above. If the Lessor does not desire to renew the lease, the Lessor must notify the Lessee at least three months prior to termination of the lease that the lease will not be renewed. 1.2 Possession. Possession date of the premises shall be upon execution of this Lease and payment of the required annual rent, and shall continue throughout the term of this Lease, barring any default or termination by either party hereto. 2. RENT During the term of the Lease, Lessee shall pay rent to the Lessor at its offices in Bozeman, Montana, in the amount of$2000. 00 per year. Rent shall be payable by Lessee to Lessor at its offices by 5:00 p.m. no later than 45 days from the date of the commencement of the lease term. Bozeman PDlWillson School Lease p. 1 of 10 - . .-.- ...--.--..-.-. -..-.---.----.--. ..- ~...~ '" 3. IMPROVEMENTS. Lessee shall not make any alterations, additions orimprovements to the premises without the prior consent of the Lessor, except for installation of unattached, movable fixtures which may be installed without drilling, cutting or otherwise defacing the premises. Any plans forstructuraI changes must be approved in writing by Lessor prior to commencement and must be performed in accordance with all applicable state and local ordinances and laws. Any such structural changes may not deleteriously affect the structural integrity of the premises. Any movement of heavy equipment or furniture, in or out of the premises, shall be done with the oversight of Lessor's appropriate representative, to ensure the safety of common areas and building components. 4, UTILITIES. Lessor shall be responsible for payment of any utilities (including but not limited to gas, electric, water and sewer) required for the leased premises during the lease term. Lessee shall be responsible for any telephone connections and any charges related to such connections. 5. USE OF PREMISES AND RESTRICTIONS THERETO. Lessee shall have the use of the premises for law enforcement training for the Bozeman Police Department. Lessee shall, at its sole cost, comply with any and all laws, governmental regulations, and requirements pertaining to the use of the premises, and shall likewise be solely responsible, at its own cost, for any and all licenses and permits required for Lessee's proper use of the premises, from all governmental and/or regulatory entities. Due to the nature of the information and items to be stored on the premises, it is understood that access to the premises shall be limited to Lessee, its agents and assigns unless prior permission is obtained. Lessor shall insurelthat electrical connections are maintained so as not to cause damage to computer equipment and programming. 6. REPAIRS AND MAINTENANCE. Lessee shall be responsible for, and maintain in good condition, all property located within the leased premises. Any repairs or maintenance caused, required or necessitated to the premises through the fault of the Lessee or its agents, customers, invitees, independent contractors, or employees shall be paid by the Lessee. Lessor, at his expense, will supply full janitorial service to the building. Lessor shall provide Lessee with notice of the individuals providing the janitorial service and notice of any changes to that list. Lessee reserves the rightto refuse the service. Further, Lessor shall provide and maintain the entire building in satisfactory working condition, including but notlimited to proper heating, plumbing, light fixtures, bulbs and all utilities. Bozeman PD/Willson School Lease p. 2 of J 0 -', ,., , " Lessee shall keep the premises in a clean and sanitary condition. Lessee shall maintain the premises in as good condition and state of repair as it exists at the time Lessee takes possession and the Lessee improvements, if any, are complete, reasonable wear and tear excepted. Any repairs and replacements to the premises shall be made with Lessor's prior approval and shall be done in a workmanlike manner and be in conformance with all applicable building codes and regulations. Lessee shall report all maintenance issues to Lessor with a request for repair in a timely manner. Lessee shall not be responsib Ie for damages or injuries to the premises or occupants once the report has been made. In the event that Lessee fails to timely cause repairs, maintenance and replacements directly attributable to Lessee's use of the premises to be made, the Lessor shall not be responsible to the Lessee for any loss or damage that may accrue to its business by reason thereof, and if Lessor makes or causes such repairs, maintenance and replacements to be made, the Lessee agrees that it will, upon demand, pay to the Lessor the costthereof, subjectto Lessee's right to challenge the cost of particular repairs as being unnecessary, unreasonable, or not to appropriate standards, Lessor shall be responsible to Lessee for any damage or injury which occurs due to inaction or delayed action in properly maintaining or repairing damage it has been notified of by Lessee or reasonably known damage. 7. LIENS AND ENCUMBRANCES. Lessee will, during the term ofthis lease, keep the real property constituting the premises and improvements thereon free and clear of any and all liens, mortgages or other encumbrances. Lessee acknowledges that Lessor may, from time to time, execute liens, mortgages or other encumbrances upon the real property, which includes the leased premises described herein, Lessor agrees that such liens, mortgages or other encumbrances shall not include the personal property of the Lessee. If subordination of this lease is necessary, Lessor shall notify the Lessee and forward to Lessee for review and approval any documents concerning such subordination. Lessee will promptly execute and deliver any agreements which may be reasonable and necessary, provided, however, that any subordination shall provide that, so long as Lessee is not in default, its tenancy shall not be disturbed. Lessee shall have and retain the right of cancellation of this lease as provided herein rather than execute the documents above or subordinate the rights of Lessee under this Agreement. 8. INSURANCE. Lessor shall keep insurance throughout the term of this lease on the interior of the premises, as well as the fixtures, equipment, personal property, stock and inventory (building itself to be insured by the Lessor) of the following types and amounts: A. Fire, including extended coverage, and additional perils insurance in an amount equal to full Bozeman PDlWillson School Lease p. 30fl0 . .._._...._.. n...___...........____.._. , . .. replacement cost of the interior improvements, equipment, stock and fixtures. B. Comprehensive general liability coverage, including: - Premises and Operations - Products and Completed Operations - Personal Injury and Advertising Injury - Independent Contractors - Additional Insured Endorsement, naming the Lessor as an additionally named insured Limits of Liability: $1,000.000.00 Each Occurrence $2,000,000.00 Product & Completed Operations Aggregate $2,000,000.00 General Aggregate $1,000,000.00 Personal Injury and Advertising Injury $ 50,000.00 Fire Legal Liability $ 5,000.00 Voluntary Premise Medical Payments C. Workmen's Compensation Insurance. Section A: Statutory Section B: Employer's Liability $500,000.00 Each Accident 500,000.00 Disease, Policy Limit 500,000.00 Disease, Each Employee The Parties to this agreement acknowledge that the City of Bozeman is insured by the Montana Municipal Insurance Authority, an agency which insures municipalities only and therefore cannot name the Bozeman School District as an additional insured on its policy. However, the Lessee shall carry comprehensive genera11iability insurance in commercially reasonable amounts and provide the Lessor with a copy of the current Memorandum of Liability Coverage for the period July 1, 2003 - July 1, 2004, and make that Memorandum available for inspection in succeeding years as it is issued, as evidence of coverage. 9. LESSEE'S ASSIGNMENT AND SUBLEASE. Lessee shall not have the right to assign all or a portion ofits interest in this lease or to sublease any portion of the premises without the prior written consent of the Lessor. 10. DEFAULT. Bozeman PD/willson School Lease p. 40110 ". ,. If Lessee defaults in the payment of rent or any part thereof and fails to pay it within fifteen (15) days after written notice of the amount of rent owing, or if the Lessee defaults in the performance of any other term or condition of this lease and fails to correct such default within the time specifically described herein, or within ten (10) days ifno time is prescribed, after written notice from Lessor describing the default, or ifLessee receives three (3) notices of default in the payment of rent in any period of twelve (12) months or less, or receives three (3) notices of default for any and all other lease violations within any three (3) months or less, Lessee will be considered to have breached this lease. In that event, Lessor shall have the right, besides other rights and remedies Lessor may have, to: (A) Re-enter the premises without demand or further notice, remove any property ofLessee found on the premises, perform such maintenance and repairs as may be required, and relet the premises; or (B) Terminate the lease, such termination to be effective ten (1 0) days following the date the written notice of intention to terminate is sent to Lessee. Lessorunderstands and agrees that any removal of property which occurs under (A) above will be done without damage to the property, and the property will be maintained in a safe location until claimed by Lessee, its agents or assigns. Any damage incurred as a result of such action shall be the responsibility of the Lessor. 11. NOTICE. Any notice required by this lease shall be deemed received by the party to whom it is directed when such notice is personally served oris deposited in the United States mail, mailed Certified or Registered mail, return receipt requested, and addressed as follows: A. To Lessor: Bozeman School District Attn: Maintenance and Operations PO Box 520 Bozeman, MT 59771-0520 B. To Lessee: Bozeman Police Department Attn: D. Chief Marty Kent 615 S. 16th Ave. Bozeman, MT 59715 And: Bozeman City Attorney's Office Attn: Susan L. Wordal PO Box 1230 Bozeman, MT 59771-1230 A party wishing to change its designated address shall do so by notice in writing to the other party. Rej ection or other refusal to accept or the inability to deliver because of changed address of which no Bozeman PDIWi/lson School Lease p. 50f10 " . . notice was given shall not affect the effectiveness of the notice given. 12. REMEDIES CUMULATIVE. The remedies herein given to either party hereunder shall be cumulative, and the exercise of any one remedy by either party shall not be to the exclusion of any other remedy. 13. LESSOR ACCESS. The Lessee will not be required to allow the Lessor or its duly authorized representative free access to the premises hereby leased except upon a minimum twenty-four (24) hour notice due to the nature of the computer and other equi pment in use and stored in the facility, and then only upon permission for the purpose of examining the premises, or to make any needed repairs or alterations to the premises which the Lessor may see fit to make and which has been previously identified as needed and discussed with the Lessee. Lessee shall not unreasonably refuse a request for access made in accordance with this provision. Lessor shall endeavor, at all times during access under this provision, to have arepresentativeofLessee present, subject to a written agreement to the contrary. The Lessor may contact Deputy ChiefMartinKent or the ranking officer on shift with the Bozeman Police Department at any hour in the event an emergency requires immediate access to the facility. 14. DESTRUCTION OF THE PREMISES. Should the premises be destroyed by fire or other casualty and the damage is so extensive as to amount, for all practical purposes, to the total destruction of the premises or of such building wherein the premises are located, and Lessor elects not to rebuild, this lease shall cease and the rent shall be apportioned from the time of the damage. In cases where the Lessor elects to rebuild the premises which have been extensively damaged, orwhich are partially damaged by fire or other casualty, the Lessor shall repair the damage with insurance proceeds with reasonable dispatch, and, if the damage has rendered the premises partially untenantable, in whole or in part, there shall be an apportionment of the rent based upon the habitability of the premises until the damage has been repaired. Forthe purposes of this paragraph, partial damage or destruction means the structure itself remains intact and the damage or destruction experienced is limited to the interior portions of the building. In determining what constitutes reasonable dispatch, consideration shall be given to delays caused by strikes, adjustment of insurance, and other causes beyond Lessor's control. When the premises have been repaired, the obligation to pay rent shall resume. 15. REMOVAL OF PERSONAL PROPERTY. Lessor agrees that, at the time of termination of this lease, Lessee may remove all of Lessee's personal property from the premises, but that in doing so, Lessee shall be obligated to repair any damages Bozeman PD/Willson School Lease p. 60f10 . '. '" to the structure of the building caused by the removal and shall restore the premises to a condition as closely approximating the condition at the time of occupancy as possible, reasonable wear and tear excepted 16. ABANDONING PREMISES OR PERSONAL PROPERTY. Lessee shall not vacate or abandon the premises at any time during this tenn without appropriate notice. Abandonment, vacation, or cessation of operations shall be a default of this lease. If Lessee does vacate or abandon the premises or is dispossessed by process oflaw, or ceases operation, any personal property belonging to Lessee and left on the premises shall be returned to the City of Bozeman. 17. SURRENDER AND HOLDING OVER. Lessee shall surrender the premises to Lessor on expiration of this lease ortennination of the lease as provided for herein. At the time of surrender, the premises shall be in the same or approximately the same condition as when all interior improvements were completed by Lessee, with the exception of any alterations approved by the Lessor, nonnal wear and tear excepted. Lessee shall not make any claim in the premises against the interestofLessor, and ifLessee holds the premises after expiration ortennination of the lease, a tenancy from month to month shall be created thereby at a monthly rental in proportion to the yearly rental amount. The acceptance of this monthly rental by the Lessor will not extend thetenn of this Lease beyond the period covered by the rental amount. 18. UNLAWFUL DETAINER AND ATTORNEY'S FEES. In case suit shall be brought for an unlawful detainer of the premises, legal action is undertaken for the recovery of any rent due under the provisions of this lease, orfor Lessee's breach of any other condition herein, Lessee shall pay to Lessor a reasonable attorney's fee which shall be fixed by the court, and such attorney's fee shall be deemed to have accrued on the commencement of the action and shall be paid upon successful completion of such action/suit by Lessor. Lessee shall be entitled to attorneys' fees in the same manner if judgment is rendered for Lessee, including but not limited to the fees and salary paid to the City Attorney or other in-house counsel. 19. TIME OF ESSENCE. Time is ofthe essence with respectto the performance of every provision ofthis Lease, and the strict performance of each shall be a condition precedent to a party's rights. 20. FORCE MAJEURE. In the eventthat either party shall be delayed or hindered or prevented from the perfonnance of any act required hereunder by reason of any strike,lock-out, civil commotion, war-like operation, invasion, rebellion, or riot, hostility, military, or usurped power, sabotage, governmental restrictions, or regulations, orthe inability to obtain any services, materials, or financing, or for any cause beyond the control of the Lessor or Lessee, the perfonnance of such act shall be excused for the period of the delay and the period Bozeman PD/Willson School Lease p. 7 of 10 , -, . .. for the performance of any such act shall be extended for the period necessary to complete performance after the end of the period of such delay. 21. LESSEE'S ACCESS. Lessee agrees to close, lock and secure all doors and gates and other related access points when utilizing the premises and will indemnify and hold harmless Lessor for any loss suffered and incurred thereby. 22. INTERFERENCE. Lessee shall not use the premises in any way which interferes with the use of the areas adj acent to the premises by Lessor, its business partners or representatives, including interference with uses, conditions or restrictions which Lessor may place upon the premises after the commencement of this Lease. Lessor shall be required to give reasonable notice of such uses and changes to Lessee in order to enforce compliance with this provision. Lessee shall not be subj ect to interference in the use of the leased premises by other tenants of Lessor. Lessor shall be notified of any such interference and shall immediately take steps to terminate the interference and rectify the situation. 27. MISCELLANEOUS TERMS. A. INTERPRETATION. This lease shall be deemed to be made and shall be construed in accordance with the laws of the state ofMontana. Whenever the context ofthis lease so requires, the singular shall include the plural, the plural shall include the singular, the whole shall include any part thereof, and any gender shall include all other genders. B. SEVERABILITY. In the event anyone or more of the provisions of this lease and agreement as herein set forth, reserved and contained are found and determined to be unenforceable by a court of competent jurisdiction, or through the act or actions of the Legislature of this State, the remaining provisions of this agreement shall nevertheless continue in full force and effect and be binding on the parties hereto, their heirs, personal representatives, and assigns. C. INTEGRATION. This Lease, including any attached exhibits, is the entire integrated agreement between the parties. This Lease supersedes all prior and contemporaneous oral or written promises, representations or negotiations of the parties. Bozeman PDlWillson School Lease p. 8 of 10 - - .r . No alterations, modifications, or additions to this lease shall be binding unless reduced to writing and signed by the parties to be charged herewith. No covenant, term, or addition to this Lease shall be deemed waived by Lessor and Lessee unless such waiver shall be reduced to writing and signed by Lessor and Lessee. D. COUNTERPARTS. It is agreed and understood by and between the parties hereto that this Lease may be executed in two (2) or more counterparts, each of which shall be deemed an original document, but all of which together shall constitute one (1) and the same instrument, provided that each such counterpart must be signed by all of the parties hereto. E. WAIVER. It is agreed and understood by and between the parties that a waiver by the Lessor or Lessee of any breach of any term, covenant or condition herein shall not be deemed a continuing waiver of that breach or be deemed to imply or constitute a waiver of any subsequent breach of any term, covenantor condition under this agreement by either party. F. CAPTION HEADINGS. The caption headings in this lease and agreement are for convenience only and do not apply to, or affect, the construction or interpretation of any of the terms hereof G. BINDING EFFECT. All oftheterms, covenants and conditions herein set forth, reserved and contained on the part of the parties to be kept and performed shall be binding upon and inure to the benefit of, and be enforceable by the heirs, assigns and personal representatives of the parties hereto. H. EMERGENCY ACCESS. If Lessee shall not be present to permit entry to the premises in the event of an emergency, Lessor or its representatives shall contact Deputy Chief Martin Kent of the Bozeman Police Department, or ifhe is not available, a ranking officer on shift at the Bozeman Police Department, to gain access to the premises. I. STATUS OF PARTIES. Neither the method of computation of rent nor any other provision of this lease shall be deemed to create any relationship between the parties hereto other than that of Lessor and Lessee. Bozeman PDIWillson School Lease p. 9 of 10 ...., . . J. SUPERSEDING NATURE. The terms and conditions contained in this lease are superseding to those contained in any prior or contemporaneous written or oral agreement between the parties in regard to the premises. At the execution of this lease, all terms and conditions of any other such agreement between the parties for such a location shall be null and void. K. VENUE. Venue for any cause of action arising out of this Agreement shall be the MontanaEighteenth Judicial District Court, Gallatin County, Montana. BOZEMAN SCHOOL DISTRICT NO. 7 B~~ Its 97"''''<;0"</ 1W~/(9/.> Less Attest: By ~ ~~ ~~ Secretary CITY 2ZEMAN By ~ Its Acting City Manager Lessee Attest: ~J~ Clerk of the City Commission Bozeman PD/Willson School Lease p. 10 of 10 MUN I ANA MUNI\.II"'ALIN~ORANl:E--AOI-HURrrY /0 MEMORANDUM . ~. \ , 1 ' .' OF LIABILITY COVERAGE M.EMORANDUM #J-~Z~1 DECLARATIONS ENTITY COVERED: .CIty.of:BozemantMontana ADDRESS: ~OBoxt230 Bm:eman. Moman. 59771..1230 COVERAGE PERIOD: FROMr J!A.1.. 2001~ TO:.~ 12:01 A.M. . " . ESTlMATEDDEPOSfTPRiEMILJM: ' . ~ . L DEDUCTIBLE: ,~PEROCCURRENCE MAXfMUMPOLICY L.IT: (a) 1150.ooo.for880h Cleim ancf$tjO,mlIUan.foreach.OCQUmancethataris...orderiveshm InJu,yto otd,- Of.''''n~l'*8OI18. or"am&J8to.Pft)plrty ofa peNOn or p8J'1IOrla. ttgar'dle.ofttMJnurribet;Of~:ot..nlililsolajming damages thereby~ . 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