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HomeMy WebLinkAboutResolution No. R22-14RESOLUTION NO. R22-14 A RESOLUTION AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LAUREL AND LAUREL AMERICAN LEGION POST #123, FOR THE CONSTRUCTION ANIS USE OF CITY OWNED PROPERTY FOR A PARKING LOT NEAR THE CITY'S CEMETERY. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The existing Lease Agreement between the City of Laurel and the Laurel American Legion Post #123 for leasing City owned property located near the City Cemetery for the construction and use as a public parking lot for individuals visiting the City's Cemetery as well as the Yellowstone National Cemetery. A copy is attached hereto for convenience. Section 2: Terms and Conditions. All terms and conditions of the Lease Agreement negotiated by the Parties are hereby approved. Section 3: Effective date. The effective date for the Lease Agreement is the date approved by the City Council. Introduced at a regular meeting of the City Council on April 12, 2022, by Council Member Wilke. PASSED and APPROVED by the City Council of the City of Laurel this 12`h day of April 2022. APPROVED by the Mayor this 12`h day of April 2022. OF LAUaEL Dave Waggoner, Mayor ATTEST: any eler, Clerk -Treasurer Ap ed as %to form: Michele L. Braukmann, Civil City Attorney R22-14 Laurel American Legion Post #123 Lease Agreement: Parking Lot This LEASE AGREEMENT, made and entered into this/, day of , 2022, by and between the City of Laurel, whose business address is PO Box 0, Laurel, Montana hereinafter called "Lessor", and the Laurel American Legion Post #1.23, whose business address is Box 211, Laurel, Montana hereinafter called "Lessee". LEASED PREMISES Lessor, in consideration for the rent agreed to be paid by Lessee, and in consideration of the covenants and agreements hereinafter expressed on the part of the Lessee to be kept and performed, does hereby lease to Lessee, real property owned by Lessor, hereinafter referred to as the "Leased Premises" and specifically described as Tract C -1-B of the Amended Tract C-1 of COS 3162, as further reflected on Exhibit A, attached hereto and incorporated by reference herein. The term of the lease shall be for 25 years and shall commence on the date the City Council approves the lease and shall expire and terminate 25 years thereafter unless an additional 25 -year term is requested by the Lessee and approved by City Council. The second 25 -year term shall automatically renew upon notification by Lessee in a signed writing delivered to the City Clerk Treasurer on or before the date of expiration. Either party may terminate the lease as hereinafter provided. RENT Lessee agrees to pay annual rent of fifty dollars per year ($50.00), not to be prorated for a short year. SECURITY DEPOSIT The parties acknowledge Lessee will not make a deposit with Lessor as a security deposit for the Lessee's faithful performance of Lessee's obligations under the Lease Agreement. USE OF LEASED PREMISES The Leased Premises may be used by the Lessee to construct, manage and operate a parking lot for guests visiting the Laurel City Cemetery and Yellowstone National Cemetery. Lessor is providing unimproved land through this lease for the lawful use of the Leased Premises. Lessee intends to construct a parking lot on the Leased Premises. Lessee shall comply with all applicable City permits, building and construction standards and codes applicable to the construction, maintenance and upkeep during the term of this lease. Lessee shall not cause or permit anything to be done on or about said property, or which shall in any way tend to create a nuisance or dangerous condition on the Leased Premises at any time. PROPERTY TAXES The Lessor retains all responsibility for payment of the real property taxes on the Leased Premises. Lessee acknowledges that it is taking the Leased Premises "as is" and without improvements. Lessee agrees, at its own costs and expense, to design and construct the parking lot pursuant to the appropriate public work standards and that after construction, Lessee shall maintain the Leased Premises and make all necessary repairs to the parking lot surface during the term of the Lease and/or any renewal thereof. Lessee acknowledges that it is improving the Leased Premises, at its own expense, and upon expiration or termination of the lease, Lessor will retake possession of the Lease Premises along with all the improvements. Lessee hereby waives any right to ownership or compensation for all improvements to the Leased Property hereunder. Lessee shall perform weed maintenance as required. URNS Lessee shall keep the Leased Premises and the property on which the premises are situated free from any liens arising out of any work performed for Lessee, material furnished to Lessee or obligations incurred by Lessee. DAMAGE OR DESTRUCTION In the event of damage or destruction of all or any part of the Leased Premises, Lessor shall have the option of terminating this Lease within thirty (30) days after said damage to the Leased Premises is repaired or remediated or the property returned to its original condition. DEFAULT Should default be made in the payment of any of the rent or other obligations hereunder when due, or should the Lessee or its agents or employee violate any of the terms, conditions, or covenants of this Lease, or should the Lessee vacate or abandon the Leased Premises or any part thereof, the Lessor may at Lessor's option, after giving ten (10) days written notice thereof by certified mail to Lessee at Lessee's address, provided herein, to cure the default, re-enter and take possession of said Leased Premises. 2 HOLD HARMLESS AND INDEMNIFICATION Lessee agrees to hold Lessor free and harmless from any liability and claim for damages by reason of any injury to any person or persons, including agent or employees of Lessee, or property of any kind whatsoever and to whomever belonging, including property of Lessee, from any cause whatsoever, while in, upon, or in any way connected with the Leased Premises or appurtances adjacent thereto, during the term of this Lease, or any extension or additional time during which the Lessee may remain in possession of said Leased Premises. Lessor shall not be liable for any loss, injury, death, or damage to persons or property that at any time may be suffered or sustained by Lessee or by any person whosoever may be at any time be using or occupying or visiting the Leased Premises or be in, on, or about the Leased Premises, whether the loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, subtenant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than that of the matters of things above set forth. Lessee shall indemnify Lessor against any and all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee waives all claims against Lessor for damages to the improvements that are now on or hereafter placed or built on the premises and to the property of Lessee in, on, or about the premises, and for injuries to persons or property in or about the premises, from any cause arising at anytime. The two preceding sentences shall not apply to loss, injury, death, or damages arising by reason of the negligence or misconduct of the Lessor, its agents, or employees. Prohibition of involuntary assignment. Neither this lease agreement nor the leasehold estate of Lessee nor any interest of Lessee under this lease agreement in the Leased Premises or in the improvements on the Leased Premises shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever; any attempt at involuntary assignment, transfer, or sale shall be void and of no effect. INSPECTION OF PREMISES Lessor and his agent have the right to enter on the Leased Premises to inspect the Leased Premises and see that no damage has been done or is done, and to protect any and all rights of Lessor and to post such reasonable legal notices as Lessor may desire to protect any and all rights of Lessor. ATTORNEY'S FEES IN LEGAL ACTION In the event that either party hereto shall bring legal action against the other party, then the prevailing party shall be entitled to reimbursement from the other party for all expenses incurred, including reasonable attorney's fees. 3 INSURANCE A. Comprehensive General Liability Insurance. Lessee shall maintain in effect throughout the term of this Lease Agreement comprehensive general liability insurance insuring Lessee against any liability arising out of this Lease Agreement or the use, occupancy, or maintenance of the Leased Premises and all areas appurtenant to the Leased Premises. Such insurance shall be in the amount of no less than $1,000,000 combined single limit for injury to or death of one or more person in an occurrence, and for damage to tangible property (including loss of use) in any one occurrence. The insurance policy shall ensure the hazards of the Leased Premises and operations conducted in and on the Leased Premises, independent contractor, contractual liability (covering the indemnity included in this Lease Agreement), and shall name Lessor as an insured party, as its interest may appear. Lessor shall be furnished with a copy of the Certificate of Insurance. Such coverage shall be primary and non-contributing with any insurance carried by Lessor. The liability insurance policy shall contain endorsements requiring thirty (30) days written notice to Lessor prior to any cancellation or any reduction in the amount of coverage. TIME Time is of the essence in this Lease. AGREEMENT IN COUNTERPARTS This Agreement may be executed simultaneously, or in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. COMPLIANCE WITH LAWS AND REGULATIONS Lessee, at its expense, shall promptly comply with all federal, state, and municipal laws, orders and regulations, and with all lawful directives of public officers, which impose any duty upon it or Lessor with respect to the Leased Premises. The Lessee, at its expense, shall obtain all required licenses and permits for the conduct of its business with the terms of this Lease, or for the making of repairs, alterations, improvements, or additions. Lessor, when necessary, will join with the Lessee in applying for all such permits or licenses. SURRENDER UPON TERMINATION At the expiration of the lease term, the Lessee shall surrender the Leased Property in as good condition as it was at the beginning of the term, reasonable use and wear excepted. MISCELLANEOUS TERMS A. Notices. Any notice, statement, demand, or other communication by one party to the other, shall be given by personal delivery or by mailing the same, postage prepaid, addressed to the Lessee at the premises, or to the Lessor at the address set forth above. B. Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect. C. Waiver. The failure of either party to enforce any of the provisions of this Lease shall not be considered a waiver of that provision or the right of the party to thereafter enforce the provision. D. Complete Agreement. This constitutes the entire understanding of the parties with respect to the subject matter hereof and may not be modified except by an instrument in writing and signed by the parties. E. Successor. This Lease is binding on all parties who lawfully succeed to the rights or take the place of the Lessor or Lessee. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. Y Mayor, City of Laurel ATTEST: //'/u` %' /UYC Treasurer LESSEE: LauM American Legion Post #T23 69 G1t w — u .LZZ94 'hL9L<'S.CLY'� .H 1�.'J -' .a-. =3� d t-=--=`3FW_ —,._... --I-- _- Q� I zX �jkh o <LL n G M. 1 yS ++" v z d Y � M1.i'i"j 2 ♦ { (� V L�og J i u ado E- �,LL _3w t- w t - ♦ > A o ° :D x w W W ATE-��+`a' J >� 0— W YS PIP V h-1 0 3 0 All4 U t z d L'' t� tJ r V L CUW w w x J CL !L C e ii IPI I�� Z ' Dzlhk R: S.35576'C'. 2 I I Ip Is E I� I I .urzz a IJxG2E 'AL9L.sstll dp x xy�u� F s — u .LZZ94 'hL9L<'S.CLY'� .H 1�.'J -' .a-. =3� d t-=--=`3FW_ —,._... --I-- _- _A� b/l rurouaA of SL19Q 49Z£ SCC I - I -a „{R �jkh o M. 1 S 6 E lie J i u °j �w !,. s,. is ♦ > z, r at 0A s x- i All4 . 40 .' 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(406)671-1814 AMERICAN LEGION POST #123 FIRE Policy: 96 -BJ -B534-8 F Yr issd: 2018 PO BOX 211 Xref: LAUREL MT 59044-0211 Type: BUSINESS - MISC Coverage information B-BUSN PROP 22700 LOSS INC 12 MONTH L-BUSN LIAB 1000000 GEN AGGREGT 2000000 PCO AGGREGT 2000000 M-MED/PERSN 10000 Location: 720 S 4TH ST LAUREL MT 59044 Term: CONT BPC: Businessowners Policy Renew date: FEB -01-23 Premium: 477.00 Written date: JAN -25-18 Amount paid: 477.00 Date paid: DEC -30-21 Bill to: INSD Prev prem: 425 Prev risk: 21,300 Deductibles applied: 500 ALL PER OTHER DED MAY APPLY End act 02/01/22 Messages: YRBUS $ 70 /RENYR $ Source: E CHR C 20.0% Year built: 1982 Constr: MA NON -COMB Zone: 09 Sub zone: 03 Move -in: 0 Entry: MAR -12-18 FMP seg: 03 W-1 APRIL 06, 2022 Fire Policy Status ADDL INSURED - SECTION II THE AMERICAN LEION DBA THE AMERICAN LEGION NATIONAL HEADQUARTERS PO BOX 1055 INDIANAPOLIS IN 46206-1055 ADDL INSURED - SECTION II THE AMERICAN LEGION DEPARTMENT OF MONTANA PO BOX 155 HELENA MT 59624-0155 COVERAGE TITLES LIMIT DEDUCT Arson Reward $5,000 $0 Collapse Included $500 Damage To Non -Owned Buildings From Theft, Burglary Coverage B Limit $500 Or Robbery *Damage To Premises Rented To You $300,000 $0 Debris Removal 250 of covered los $500 Equipment Breakdown Included $500 Fire Department Service Charge $2,500 $0 Fire Extinguisher Systems Recharge Expense $5,000 $0 Forgery Or Alteration $10,000 $500 Glass Expenses Included $500 Increased Cost Of Construction And Demolition 100 $500 Costs (applies only when buildings are insured on *Inland Marine - Computer Property $25,000 $500 *Inland Marine - Computer Property Loss Of Income $25,000 $0 And Extra Expense Money Orders And Counterfeit Money $1,000 $500 LOCATION APRIL 06, 2022 Fire Policy Status DEDUCT *Property COVERAGE TITLES LIMIT DEDUCT Newly Acquired Business Personal Property (applies $100,000 $500 only if this policy provides Coverage B - Business Newly Acquired Or Constructed Buildings (applies $250,000 $500 only if this policy provides Coverage A - Building $500 *Signs Ordinance Or Law - Equipment Coverage Included $500 Personal Effects (applies only to those premises $2,500 $500 provided Coverage B - Business Personal Property) $10,000 $500 +Personal Property Off Premises $20,000 $500 Pollutant Clean Up And Removal $10,000 $500 Preservation Of Property 30 Days $500 Water Damage, Other Liquids, Powder Or Molten Included $500 Material Damage LOCATION 0001 LIMIT DEDUCT *Accounts Receivable $10,000 $500 *Money And Securities (Off Premises) $2,000 $250 *Money And Securities (On Premises) $5,000 $250 *Outdoor Property $5,000 $500 LOCATION 0001 LIMIT DEDUCT *Property Of Others (applies only to those premises $2,500 $500 provided Coverage B - Business Personal Property) *Seasonal Increase - Business Personal Property 250 $500 *Signs $2,500 $500 *Valuable Papers And Records $10,000 $500 APRIL 06, 2022 PROPERTY LOCATIONS LOC CMPX ADDRESS LIABILITY STCLS BLD AMT CONTENTS PREMIUM EXPOSURE LIMIT PREMIUM 001 720 S 4TH ST LAUREL MT 59044 913 22700 330 110 1000000 113