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LEA-WHITEHALL LIBRARY -2039LEA-WHITEHALL LIBRARY -2039 LEASE THIS LEASE, made this ~ day of April , 1989, between the TOWN OF WHITEHALL, a muncipal cooperation organized and existing under the laws of Montana, hereinafter referred to as the "Lessor," and the BOARD OF TRUSTEES of the Jefferson County Library system, a public agency of Jefferson County, Montana, hereinafter referred to as the "Lessee": W 1. !. N E ~ ~ ~ !. !!.: That- the Lessor, for and in consideration of the rents and - - --- covenants to be paid and performed by the Lessee, and for other good and valuable consideration, DOES HEREBY DEMISE, LEASE AND LET unto the said Lessee the hereinafter described premises, subject to the following terms and conditions: 1. DEMISE: Lessor leases to Lessee certain real property and premises, situated in Jefferson County, Montana, more particularly described as: WHITEHALL COMMUNITY LIBRARY BUILDING A/K/A ---The John Gregory Library bUilding, located on the North two-t h irds (2/3) of Lot 7, Block 2, of the Townsite of Whitehall, Jefferson County, Montana, as 'said lot, portion of lot, and block are shown' and described on the official plat thereof on file in the office of the Clerk and Recorder of Jefferson County, Montana. - 2. TERM. The term of this Lease shall be for fifty (50) - -...- ....- years, commencing on the above date of this Lease and terminating at midnight on the fiftieth anniversary of said date. Further, this Lease shall sooner terminate if: (a) The Lessee ceases to use the premises for the purposes specified herein; (b) The Lessee provides the Lessor with sixty (60) days' prior notice of termination: 1 \, (c) The premises are destroyed or'damaged in the manner, and to the extent, specified herein; or, (d) The Lessee fails to timely pay the annual rental required hereunder or breaches any other provision of this Lease. 3. RENT. The Lessee shall pay rent to the Lessor in the amount of one dollar ($1.00) per annum. Such rent shall be payable in advance, for the following year, on each annual anniversary of the date of this Lease. 4. USE. -- The Lessee shall use the leasehold premises for the -- -- - ... - --. - purpose of operating a pUblic library facility for the benefit of the residents of Jefferson County and the Town of Whitehall and for such accessory purposes as are usually associated with the operation of a pUblic library. In addition, the Lessee may use the basement of the facility for a public meeting room for itself and for various public and private groups (subject to prior authorization by Lessee). 5. ALTERATIONS. No structural alterations, remodeling, substantial permanent changes, or additions shall be made to the premises without the prior written consent of the Lessor, which --- consent shall not be unreasonably withheld in any circumstance. Any additions and fixtures placed on the premises, which do not constitute a permanent part thereof and which can be removed without substantial damage to the premises, may be removed by the Lessee at the end or other termination of this Lease. Otherwise, any such additions or fixtures, permanently installed and present on the premises upon the termination or expiration of this Lease, 2 .- \, shall remain thereon and shall be deemed the property of the Lessor. Any damage caused by the Lessee's removal of additions or fixtures shall be repaired by the Lessee at its own expense. The cost of any and all such structural alterations, rem~deling, substantial permanent changes, or additions shall be paid solely by the Lessee, and the Lessee shall bear no responsibility for payment of any of the same. Further, no lien for any such cost or improvement shall be permitted to attach to the leasehold premises at any time. - - 6. REPAIRS. The Lessee shall be responsible for repairing any and all wear, tear and/or damage caused by its use of the premises and/or the removal of any of its additions or fixtures. 7. UTILITIES. Any utilities (water, sewer, electricity, natural gas, telephone, and similar utilities), provided for the leasehold premises, shall be paid for in a manner to be agreed upon between the parties from time to time. 8. WARRANTIES. The Lessor covenants and warrants that it has the full right and authority to grant this Lease. The Lessor further covenants and warrants that the Lessee shall have the exclusive, quiet, and peaceful possession and enjoyment of the - - -- - - - premises while this Lease remains in effect. The Lessee covenants and warrants that it has the full right and authority to execute this Lease and to perform all of the terms and conditions hereof. 9. LESSOR'S ACCESS TO PREMISES. Upon twenty-four (24) hours' prior notice to the Lessee, the Lessor and its agents and representatives may enter upon and inspect the leasehold premises 3 , . . \ , for purposes of determining compliance with the provisions of this Lease and/or for the purposes of taking any action necessary to protect said premises from damage or harm in the event the same is imminent or ongoing. 10. INSURANCE. Subject to agreement by the Board of County Commissioners of Jefferson County, Montana, the leasehold premises shall be insured against loss by fire and other casualty by means of the master pOlicy of insurance (including fire, casualty and extended coverage) maintained by Jefferson County on all County buildings, structures and property. The Lessee shall provide the Lessor, upon request, with proof of such insurance coverage. Responsibility for insuring all contents and personal property, owned by the Lessee and used or located upon the leasehold premises, against loss by fire or other casualty, shall be solely that of the Lessee, and the Lessor shall bear no responsibility whatsoever for any such loss or casualty to any of the same. Further, the Lessee waives all claims against the Lessor for damages to property and for injuries to persons, on or about the leasehold premises, from any cause arising at any time, except for - - ~ the negligent or intentional act or omission of the Lessor or its - -- -- - .. - - .'----- agents and employees, and except for inherent structural defects of the premises not caused or contributed to by the Lessee. The Lessee shall hold the Lessor harmless from, and shall indemnify the Lessor for, any loss or damage or injury to any person, or to the property of any person, arising from the use of the leasehold 4 , \ premises by the Lessee, or arising from the failure of the Lessee to keep the leasehold premises in good condition, or caused by or from any intentional or negligent act or omission of the Lessee, its agents and employees, and any per son upon the leasehold premises as a'guest or invitee of the Lessee. 11. DESTRUCTION OF PREMISES. In case the leasehold premises or any part thereof are destroyed by fire, other casualty, or faulty construction, or are partially destroyed so as to cause them to be wholely unfit-for occupancy, or so that they can not be repaired by reasonable diligence within one hundred eighty (180) days of the date of such destruction or injury, then this Lease shall cease and terminate from the date of such destruction or injury. In such case, the .Lessee shall immediately surrender said premises and shall not be liable for any further payments of rent or the performance of convenants or conditions contained herein, and the Lessor may re-enter said premises. Further, the Lessee shall remove from the premises, within thirty (30) days of the date of such destruction or Lnjury, any of the Lessee I s property still remaining thereon. In the event the leasehold pr~mi~es_may_be rebuilt_or r~paired with reasonable diligence within one hundred eighty (180) days, the Lessor shall re-enter said premises or such portion of them as may be necessary or required to make repairs, and shall rebuild or repair the same as in their former state, and this Lease shall remain in full force and effect. The foregoing provisions shall apply only if the leasehold - - 5 ..... . , \ Lessor's demand to do so. 14. WAIVER. The failure of any party to seek redress of violation, or to insist upon the strict performance of any convenant or condition of this Lease, shall not be deemed a waiver of such violation nor prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. 15. BINDING EFFECT. All covenants, conditions and terms of this Lease shall be of benefit to and run with the premises and . shall bind and inure to the benefit of each of the parties and any successor governmental agency of such party or parties. 16. MODIFICATION. This Lease shall not be deemed modified by any party unless such modification is reduced to a written instrument,' duly executed by all parties, and appended hereto. IN WITNESS WHEREOF, the Lessor and the Lessee have executed this Lease on the day and year first above written. TOWN OF WHITEHALL, MONTANA BY: ATTEST \J. #1' ;3 - - AA' ~"') f ~) - Clerk ' -- --- --- BOARD OF TRUSTEES JEFFERSON COUNTY LIBRARY SYSTEM BY. ~ " ~ V"~ Chair k / A4-v'f~ ATTEST: Secretary 7 \ premises are damaged by fire, other casualty, or faulty construction and not due to the negligent or willful and wanton act or failure to act of the Lessee. 12. NOTICE. Any notice or other instrument may be served on a party hereto by delivering the same personally to the authorized agents of said party or by depositing the same in the United states mail, certified with return receipt requested, to the following addresses or to such other addresses as may be hereafter designated by the parties by writing: . - TOWN OF WHITEHALL Attention: City Clerk City Hall Whitehall, Montana 59759 JEFFERSON COUNTY LIBRARY SYSTEM Attention: Library Board Jefferson County Courthouse Boulder, Montana 59632 The date of service and/or receipt of any notice hereunder shall be the,~e of personal delivery, or the date of deposit in the United States mail, in the above manner. 13. ASSIGNMENT. The Lessee shall not assign this Lease or ,sublet any part of the leasehold premises, in whole or in part, without the Lessor's prior written approval, which approval the - ----- --- -- Lessor may withhold for any reason it deems appropriate. In the event any such assignment or subletting is attempted by the Lessee without the Lessor's prior written approval, then this Lease shall immediately and without requirement for notice terminate and be of no further force and effect. In such case, the Lessee shall vacate the premises within thirty (30) days of 6 H. '. , ...' < \ 'STATE OF MONTANA ) : SSe county of Jefferson ) On this /,/U day of April, 1989, before me, the undersigned Notary Public for the State~f Montana, personally appeared Jg::r LJJ//f:JE;iL'DAL~ and ~aJ>t-))V~ r5"t!1$-!-&;? ,known to me to e the Mayor and Clerk of the Town of Whitehall, Montana, one of the parties to the within Lease, and acknowledged to me that they executed said Lease on behalf, and as the authorized act, of the said Town. IN WITNESS WHEREOF, Notarial Seal the day and - I hereunto set my hand and affixed my year first above written. _ _ J//>>~ ~~ry Public, Sate 0 Residing at: My Commission (NOTARIAL SEAL) STATE OF MONTANA ) sIt-vEt:. 8oeu: ss. County of Jeff~~~on ) this /V~day of April, 1989, before me, the undersigned P b ic for he State of Montana, personally appeared and , known to me to be he Chai nd Secretary of the Board of Trustees of the Jefferson County Library system, and acknowledged to me that they executed said Lease on behalf, and as the authorized act, of the said Board of Trustees. IN WITNESS WHEREOF, I hereunto set my hand and affixed my Notarial Seal the day and year first above written. ___ -(NOTARIAL SEAL) ~~ Notar~ ..!:Ubll.C,_~ ~ Mon!an~ ResidIng at: ~ ' My Commission Expires: /tf -6 ~..r;7 -- - 8