Loading...
2005 CLANCY LIBRARYLEA-CLANCY LIBRARY LEASE AGREEMENT THIS AGREEMENT, made and entered into this 15th day of August. 2005. by and between the CLANCY PUBLIC SCHOOLS, Jefferson County School District No.1, Clancy, Montana, hereinafter referred to as the "Landlord" and the Jefferson County Library Board located in Boulder, Jefferson County, Montana. hereinafter referred to as the ''Tenant'', \WITNESSETH. that the Landlord. in consideration of the mutual promises made herein. and of the payment of the rents and the performance of all conditions and covenants herein contained by the Tenant, does hereby lease to the said Tenant the real, personal or mingled property of the premises situated at 6 North Main, Clancy, Montana, described as a portion of the original school building (the RED BUILDING) for a tenancy of one (1) years commencing not later than the 1st of July, 2005. Prior to May 31 at of each year, the parties. by mutual agreement, may extend or renew the term of this agreement, or alter any of the conditions or covenants herein. The conditions and covenants referred to above are mutually agreed and understood among the parties as follows: TENANT'S RIGHTS AND OBLIGATIONS 1. Rent for use of the premises shall be $4,000.00 per annum beginning July 1,2005. Rental payments will be payable in installments of at least $333.33 each, due on or before the 20th day of each month during the term of this agreement. All rent shall be delivered to the landlord at: Clancy Public Schools, 18 Clancy Creek Road. P.O. Box 209, Clancy, Montana 59634. 2. The Tenant agrees. as a condition of occupancy, to use the premises as a Community Library. Any change in this use must be approved by the Landlord in writing and may be conditional. The tenant shall not sublet the subject premises, or any part thereof. or assign their agreement without the landlord's prior written consent. 3. The Tenant shall indemnify the Landlord and hold it, and its agents and employees. harmless from any liability of any nature or character whatsoever arising during the term of the agreement incident to the Tenant's use and occupancy of the property above described. 4. The Landlord will provide heating and electrical utilities to said premises under exclusive control of the Landlord. The Tenant shall pay for all other utilities and services supplied to the said premises. The Landlord will attend to the cleaning and maintenance of all common areas of the building. including the bathrooms. The Landlord will provide all bathroom supplies such as soap, towels, and toilet paper and any other items necessary to properly maintain the bathrooms. ,. S. The Tenant shall keep and maintain the premises in a clean and sanitary condition at all times and on termination of the tenancy shall sUlTcnder the premises in as good condition as when received, ordinary wear and damage by the elements excepted. l0-d t>GGG 226 ,J.,~I:;l~a:I-' ,J.,:)N~-'::J Wd Gl=t>0 G00G-g,-::J3U &.UJ.."......_- vs:sr SO, sr/~r 3WIl X~ vs~s SS6:NOI1~JOl 6. The Tenant may make improvements and alterations to the premises only with the prior written approval of the Landlord. All alterations and improvements shall become the property of the Landlord. 7. The Tenant shall pay for all repairs resulting from the use ofthe premises by Tenant, except the major repairs, which are, by agreement, the responsibility of the Landlord. 8. The Tenant shall report any and all unsafe conditions, breakage or damage to the premises to the Landlord within twenty-four (24) hours of such damage or of becoming aware of an unsafe condition. 9. The Tenant agrees to remove snow from the sidewalks, doorsteps and driveways. 10. In the event the Landlord is compelled to incur any expenses. including reasonable attorney's fees in instituting or prosecuting any action or proceeding to collect any of the monies due under this agreement or for damages to said property; to evict the Tenant. or to enforce any other tenns, covenants, or conditions contained herein, the Tenant agrees to pay the Landlord such expenses and attorney's fees on account thereof. 11. The Tenant shall not use the said premises for any unlawful activity. 12. The Tenant shall not keep or maintain pets at the premises unless approved in writing by the Landlord. 13. The parties agree that in the event the premises are not in habitable condition. the Tenant shall give written notice to the Landlord specifying tl1e corrections or repairs needed. The Tenant may terminate the rental agreement if the Landlord has not taken reasonable steps to correct the situation within fourteen (14) days. Rentals paid and received by the Landlord will be refunded to the Tenant on a monthly basis prorated to the date of the termination notice. 14. The Tenant agrees to insure the tenant owned contents of the building against loss or damage. The tenant further agrees to carry liability insurance and to provide the Landlord with a certificate of insurance. Said certificate shall name Clancy School District # 1 as an additional insured. Such certificate shall show coverage for comprehensive general liability insurance for injuries to or death of any person or damage to or loss of property arising out of or in any way GO"d toGGG ~~6 A~~~aII A~N~I~ Wd Gl:too G00Z-GL-~~rr vs:sr SO, sr/~r 3WIl X~ vs~s 8S6:NOI1~jOl resulting from the described use of the premises. Said insurance shall provide for amounts not less than $1.000,000.00 for bodily injury or death to anyone person, $1,000,000.00 for all bodily injury and death resulting from anyone accident, and $1,000,000.00 for property damage in any one accident; or the policy may provide a combined single limit for injury and property damage of $1,000,000.00. The certificate shall contain a provision that the insurer not cancel or refuse to renew without giving the Landlord written notice at least 10 days before the effective date of the cancellation or non-renewal. Failure of the Tenant to maintain sufficient insurance coverage constitutes a default of this agreement subjecting this lease to immediate termination, i.e. termination upon notice. 15. The Tenant shall allow the Landlord and its agents or representatives such access through the leased premises as is necessary to enter or leave, load or unload supplies and furnishings stored in adjacent rooms and accessible only through the leased premises. 16. The Tenant agrees to abide by District policies as relates to maintaining a drug-free, tobacco- free environment. LANDLORD'S RIGHTS AND OBLIGATIONS 1. At the conunencement of this lease agreement, the Landlord, shall deliver possession of the premises to the Tenant in compliance with this agreement. 2. The Landlord shall keep the premises in a fit and habitable condition and shall be responsible for major structural repairs, as well as repairs to the electrical, heating and other systems. The Landlord shall maintain the grounds adjacent to the Building during the summer months. Other provisions of this agreement notwithstanding, the Landlord shall have the right to terminate the lease as an alternative to fInancing repairs and/or maintenance, the cost of which exceed the worth of the property to the School District, whichever is less" In such event, 60 days written notice shall be given by the Landlord, unless an unsafe condition exists. in which case immediate tenninations is warranted. 3. The Landlord shall have the right to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services. or show the dwelling unit to workmen or contractors. It is further agreed that the Landlord may enter the unit without the consent of the Tenant in case of an emergency or perceived emergency. 4. lfthe Tenant fails to comply with the terms of this agreement or jeopardizes health and safety standards, the Landlord may deliver written notice to the Tenant specifying the acts and omissions and informing Tenant the rental agreement will terminate in fourteen (14) days if the :20"d t>~(::~ zz6 .- ^~~~aI' ^~N~'~ Wd z.=t>0 ~00(::-~t-~~rr vs:sr SO. sr/~r 3WIl X~ vs~s S86:NOI1~JOl breach is not remedied. If the breach is not remedied in fourteen (14) days after notice the ~andlord has th~ right to terminate this agreement. The Landlord also has the right to ierminate In accordance WIth the tenns of Paragraph 2 above. 5. The Landlord shall insure the property against structural loss or damage. C. GENERAL PROVISIONS I. ~his ~g~eement shall be binding upon the parties, heirs, legal representatives, successors and asslgns 1D mterest. 2. This agreement shall terminate without any notice required by either party no later than June 30,2006. 3. Nothing contained in this agreement shall be construed as waiving any of the Landlord's rights under the laws of the State of Montana. 4. All words herein, which refer to Landlord or Tenant shall be considered of the number and gender required. The word "Landlord" shall include the heirs. executors, administrators and assigns of the Landlord; and the word "Tenant'. shall include all persons liable for any payment hereunder, and all tenants lawfully occupying the demised premises or part thereof under and by virtue of this agreement, and their respective heirs, executor and administrators. 5. All notices and demands shall be sent to parties, certified mail, at the addresses listed below. In the alternative, notice may be served personally, with service acknowledged in writing. 6. The District Superintendent shall be the Landlord's representative in all matters pertaining to this lease. IN WITNESS "WHEREOF, the parties hereto have executed this agreement in duplicate the day and year frrst above written. ' BY Rich Briski. School Board Chairperson JEFFERSON COUNTY LIBRARY BOARD BoxH Boulder, MT 59632 BY Pat Tallent, Chair, Board of Directors FOR CLANCY PUBLIC SCHOOLS P .0, Box 209 Clancy, Montana 59634 DATE: DATE: v0'd t>~<::~ 226 ,J.,~I::l~S:I-' ,J.,::lNI::l-'::l Wd t>t:t>0 ~00<::-~t-~~rr