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HomeMy WebLinkAboutLease Task Force Minutes 06.10.2013 Lease Taskforce Meeting 1 June 10, 2013 In attendance: Tom Nelson, Bill Mountsier, Bruce McGee (5:42) Others Present: Iry Wilke, Rifle Club Tom Nelson called the meeting to order at 5:30pm. There was no public comment. Bill Mountsier motioned for the minutes from the April 29 minutes be approved as presented. Tom Nelson seconded the motion, the motion carried. Tom presented to the group a copy of the lease template, Resolution R06 -54 and the recently passed Rod and Gun Club Lease. (See attached) Tom proposed to the group that Iry Wilke take the documents to interested parties and prepare comments to report back to the taskforce. Iry stated he had already prepared some comments based on the old lease. (See attached) Article I & II — strike language that relates to outdoor ranges. Article IV - Iry proposed a 10 year lease. Article V — Iry proposed 25 dollar fee, eliminate outdoor shooting range. Article VII —Iry said the property had been neglected by the City for six years and they would happy to take care of minor repairs after any major repairs had been completed. Article XIV — Right to inspect, Iry suggested striking letter B because he felt it was repetitive from Article IX. Iry also likes the 24 hour language in existing lease. Article XVII — Surrender upon termination. Iry liked $100 per day to $100 per month after 30 days. Article XXI — Iry suggested completely scratching outdoor shooting. Iry stated he would like to see language in the lease that would allow for council approved special shooting events. Tom stated it would be wise to use same language from the Rod and Gun Club requiring a resolution to allow shooting. Iry also stated that the rifle club has published rules. Iry provided a copy of the Laurel Rifle Club rules for the group (See attached). Iry also said that once a lease was closer to completion he would put together a special protocol for indoor games. The next meeting will be held June 17 at 5:30. Bill Mountsier motioned the meeting be adjourned at 5:50. Tom Nelson seconded the motion. 6 t L 016 ° LEASE AGREEMENT Ihis Lease Agreement is entered into this day of , 20 . by and between the City of Laurel. Montana. a municipal corporation organized and existing under the law the State of Nlontana. whose business address is P,O. Box 10, Laurel, Montana 59044, hereinafter referred to as - City - (Lessor), and whose business address is . hereinafter referred to as "Lessee". WiTtiFSSEFII: In consideration of the mutual covenants hereinafter set tin the parties hereto agree and covenant as follows: ARTICLE 1 1)141:pos,c oticitc [lie purpose of this Agreement is to lease the Lessee certain and specific City facilities or propert\ in order that the I .essee may conduct the following uses or acti described as follows: _ _ ARTICLE II Property Leased The City hereby leases and permits the use to Lessee and the Lessee hereby leases from The City the following- described property and improvements located in Yellowstone County, Montana, hereinafter referred to as "the premises ", and described as follows: ARTICLE III Parties City: Office of the Mayor (City Clerk) Box 10 Laurel, Montana 59044 Phone: (406) 628 -7431 Fax: (406) 628 -2241 Lessee: ARTICLE IV Term of lease The term of this lease shall commence on 20 and run for a period of five (5) years, with the option to renew for an additional 5 -year term thereafter. If this lease is terminated during either 5 -year term, the City agrees that Lessee may remove from the buildings on the premises all business equipment and fixtures installed by Lessee, including, but not 2 limited to, all seating fixtures, draperies, lighting equipment, sound equipment and furniture. ARTICLE V Rent A. Lessee shall pay the City rent in the amount of per year or per month as consideration for the use of the premises. Lessee shall pay either monthly or annually on or before the anniversary Date of his/her signature on the agreement. The Payment of rent includes the following: Lessee shall pay the following charges each and every month as follows: ARTICLE VI Repairs City will make all major interior and exterior repairs to the building. Major repairs are defined as consisting of non - recurring structural, electrical, plumbing and mechanical repair. All minor or routine repairs on the inside and outside of the building shall be Lessee's responsibility. The City's obligation to undertake major repairs does not include major repairs necessitated by any acts of Lessee, its agents, employees, officers, or invitees. ARTICLE VII Condition Neither the City nor any of its agency have made any representations with respect to the above - described property except as expressly set forth herein, and no rights, easements or 3 attlttlrCti l7V 1 "�iCL i1\ 1111pIIt',liltti1 ter ttthell ■i-re. cxcept press!\ tied tortll herein \eeptance to possession of the ahoee- describe&! property by I es.see hall he colic111,ivc t■ itl:lit that • ;tlltl that the hrttllertV A \as anti in ,'ttt ettlltiltioil`` .;t itir' tulle po dttc'l'ttt.'ti. K I A 111 Intt•riorIinprovenlents I ease 1 *: IC tttl liltCrlttl nnl?Itt\ the l?Illlt.ill}, fl uV \C\ r. salt i i rlttt Ii;ltvitt \etlielll °� ttt the nnlldint2 1lttVAe \el, lillCr of Iti rt1 \elllents HC subject to ' rC\ iCA\ �int1 al�i�lttv;11 h tlic ( ' Itv. which not he nnreasonahiv v ithllelti. 1 essec shall prty icle tllr 1 iiv Vvith :ali t t)t t ett` t >l ar1■ lntt'rlttr irlilyro \Cnlellts at the lime of `Uhrniticd IvlUb Cheri tote. .1Kt11( 1,1•. 1\ Rit.'llt to Inspect Premises i he ( itv h,:> a right. at ail time-, tlu the term tai this lease. thrttn tl tts am cc s. IliC1' litt til t 1t':1tic[1 1?rc, l t�l ' the purpose of exan 1nint „Hid iiispeoi Ott alnC it tiCte A \hether Lessee has complied \ \lth Its obligation. herei der \\ ith respect tto Me sar .intl {11aitwte11anLt: of the pi " Guises. anti the repair or it'buildii ()Idle tillhrtt\eme111s therein \\ hen necessary 1 his r1,'11t of in'.peetioll may milv he exercised alter hota notice tit l,Csse <` o1 ( it\ s desire ii? insi`Cel the pl1'nllsCs l hi, _ -hour donee is IICCe `• tt+ !n th:fl lel�fCti.tllaU \e 01 1_e AVi he ilAallahlc' its ale01111'MMV ( reptesc'ntatlAc'tit the 111110 tit in` iii1t1i1. ‘12.11(1.1 . \.'`.',i;tili11C111. allcCllallun I Crtllttlation Nel~ollatlon \ Asst ±„tlillent. Aeitlher (. itV nor i.e.see inti\ transit'1 or sublet 115 3 "l illy imtict thi, Lease to any hartv without prior written consent of the other 1varty. 1; (',incell,ttion. It k a:�rectl by both the parties that this lease shall not he canteletl yithotlt 0..ttotl :anti reast,n.tblc .ati'e. In the event the profuse- leaser1 heretlncier tli any. portion thereof is not available for occupancy or use upon commencement of during the term of this Lease dir to fire, casualty, acts of God, strikes, national emergency or some other cause beyond the control of City, this lease and the obligations of the parties hereunder shall terminate and the lessee hereby waives any claim against the City, its employees or agents for damages by reason of such cancellation. Any notice of cancellation must be in writing and sent by certified mail C. Termination. The City may terminate this Lease if the Lessee makes its rental payment or perform any other condition or obligation required herein. The Lessee may terminate this Lease if the City fail to perform its obligations contained herein. Notice of termination must be in writing and sent by certified mail, as noted. ARTICLE XI Compliance With Resculations Lessee, at its sole expense, shall comply with alI laws, orders and regulations of federal, state and municipal authorities, and with any direction of any public officer, pursuant to law, which imposes any duty upon Lessee or the City with respect to the leased premises. Lessee, at its sole expense shall obtain all licenses or permits which may be required for the conduct of its business within the terms of this agreement, or for making repairs, alterations, improvements, or additions. The City, when necessary, will join with Lessee in applying for all such permits or licenses. ARTICLE XII Liability Insurance Lessee shall obtain and maintain at all times during the term hereof, with a responsible insurer, for the benefit of the City and the Lessee as their respective interest may appear, comprehensive general liability insurance in the amount of One Million dollars ($1,000,000.00) to protect against any loss, claims, lawsuits or liability for damages, property damage, personal injury or death, and any expenses of the parties against any claim for such damages which might result from use or occupation or condition of the premises. Simultaneously with and as a 5 prerequisite of executing of this lease, Lessee shall furnish a copy of such insurance policy(ies) to the City and such policy(ies) shall contain an endorsement that it shall not be canceled or altered without at least thirty (30) days prior written notice to the City from the insurer. The City and Lessee shall be specifically named as insured under said policy. ARTICLE XIII Indemnification Lessee hereby indemnifies and agrees to hold the City free and harmless from and against any and all actions, claims and demands arising out of the use or occupancy of the premises by Lessee or the failure of the Lessee to maintain the premises as herein provided, including, but without limitation, any carelessness, negligence, improper conduct or breach of this Lease by the Lessee or its agents, employees, patrons, invitees, suppliers or licensees, and any and all costs, expenses and fees, including attorneys' fees, incurred by the City incident thereto. MetraPark hereby indemnifies and agrees to hold the Lessee free and harmless from any and all actions caused by the sole negligence of the City. ARTICLE XIV • Use/Right of Entry and Inspection/Damage/Repairs A. Use. Lessee shall not use or permit the use of the leased premises for any purpOSe prohibited by law, shall comply with all requirements and demands of all governmental agencies or officials with respect to the condition, use and occupancy of the premises as such may appear from time to time during the term of this Lease and shall not commit nor suffer to be committed any nuisance on or waste of the premises. B Right of Entry and Inspection. Lessee shall permit the City or the City's duly authorized agents, employees or representatives to enter upon the leased premises at all reasonable times for the purpose of inspection. C. Damage. It is specifically understood that any damage caused by Lessee 6 or its guests to the premises during the term of this Lease shall be promptly corrected or replaced at the Lessee's expense. D. Repairs. All repairs to the premises during the terms of this Lease shall be the sole responsibility of the Lessees. ARTICLE XV Time of the Essence Time is and shall be deemed of the essence in respect to the performance of each provision of this Lease. ARTICLE XVI Mortgages and Subleases Lessee may not assign its rights under this agreement or assign, encumber or sublet the described premises without the prior written consent of the City hereof. ARTICLE XVII Surrender Upon Termination Upon the termination or cancellation of this Lease, Lessee, as its sole expense, shall remove from the premises all merchandise, furniture, furnishings, equipment or any other personal property belonging to it, and shall quietly and peaceably surrender possession of the leased premises in a similar or an improved condition as when received. There shall not be any holding -over by Lessee beyond the termination or cancellation of this Lease. Any such holding - over by Lessee shall incur to the City a penalty fee of $100.00 per day. ARTICLE XVIII Entire Agreement This Lease shall be deemed to include the entire agreement between the parties hereto and no waiver of any right, agreement or condition herein and no modification of any term or condition herein shall be binding upon either party unless in writing and signed by both parties. 7 ARTICLE XIX Partial Invaliditv In the event any provision of this Lease or part thereof shall be determined by any court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions hereunder, or parts thereof, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. ARTICLE XX Notices/Demands Notices or demands required hereunder shall be in writing and shall be sent by certified mail (return receipt requested) to those persons at the addresses noted herein. The address of either party hereinabove set forth may be changed from time to time by giving written notice in that regard. All payments required to be made hereunder shall be made at the appropriate address hereinabove set forth or to such address as either of the parties may from time to time specify. CITY OF LAUREL LESSEE: By: B y Mayor By By City Clerk 8 • RESOLUTION NO. R0644 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN 1111E CITY OF LAUREL AND THE LAUREL RIFLE CLUB PROVIDING FOR THE USE OF CITY-OWNED PROPERTY BE IT RESOLVED by the City Council ofthe City of Laurel, Montana, Section 1: ttaxca21. The Lease Agreement negotiated between the City of Laurel and the Laurel Rifle Club relating to the use ofthe facilities and property at Riverside Park, copy attadied hereto, is hereby approved. Section 2: lizomagiee. The Mayor ofthe City of Laurel is hereby given authority be execute the Lease Agreement on behalf of the City. Introduced at a regular meeting of the City Council on May 16, 2006, by Alderpemon Fritz1er PASSED and APPROVED by the City Council of the City of Laurel this 16 day of May, 2006. APPROVED by the Naar this 16 day of May, 2006. CITY OF LAUREL , , ..0 �,,, E. Olson, Jr. , ATTEST: /4 '%e4 11 /mo d. 61.4 /Ih. Mary `".. , . - .. Clerk-Treasurer Approved to brut r Of Sam Painter, Legal Co . E& River Law • ....- . This Lase Agreement is entered into this 16 day of May, 2006, by and between the City of Laurel, Montana, a municipal corporation orgmbed and existing under the laws of the State of Montaoa, whose bushier address is P.O. Box 10, Laurel, Modes 59044, hereinafter referred to u "City" (Lessor), end Laurel Rifle Club, whose business address is Highway 312, South of Laurel, hereinafter referred to as "Lome. WITNESSETR: In consideration of the mutual covenants hereinafter set bath, the parties hereto agree and covenant as follows: ARTICLE 1 EllanguIlidiat The purpose of this Agreeneetet is to lease the Lessee certain and apeeif a City babes or property in order that the Lessee may conduct the following uses or activities, described as follows: Use of the building commonly referred to as Laurel Rifle Chub buikln,g and the adjacent outdoor shooting range. The Laurel Rifle Club Building shall be used for indoor shooting athehrwataser asmgeofsrmadtieralineling and other related activities. ARTICLE II pmn�, Lensed The City hereby leases and permits the use to Lessee and the Lessee hereby leases from The City the ibllowingdesctmed property and improvements boated in Yellowstone County, Mariana, hereinafter referred to as "the prams", and described as follows: Rifle Club Building sirLadisesOtruldemalineliagaaage owned by the City of Laurel and located at Riverside Pais. ARTICLE in Mika City: Office of the Mayor (City Cleric) P.O. Box 10 Land, Montana 59044 Phone: (406) 62 8-7431 1 Fax: (406) 628 -2241 Lessee: Laurel Rifle Club Highway 3 t 2 South Laurel, MT 59044 ARTICLE N Tenn of lease / {) The term of this lease shall commence on May 10, 2006 and run for a period of fire ✓) years, with the option to renew for an additional 0%-year teen thereafter. If this lease is terminated during either /0 ,d -year teas, the City agrees that Lessee may remove from the buildings on the premises all business equipment and fixtures installed by Lessee, including, but not limited to, all seating fixtures, draperies, lighting equipment, sound equipment and furniture. ARTICLE V Rent C;°, A. Lessee shall pay the City rent in the amount of $1.O8 per year as consideration for the use of the premises. Lessee shall pay annually on or before the anniversary date of his/her signature on the agreement. The Payment of rent includes the fallowing: Use and lawful possession of the Laurel Rifle Club Building anst.eilideer shooting range. Lessee shall pay the following charges each and every month as follows: Water, garbage, and electrical charges for the premises. ARTICLE VI Ral City will make all major interior and exterior repairs to the building. Major repairs are defined as consisting of non-recurring ring structural, electrical, plumbing and mechanical repair. All minor or routine repairs on the inside and outside of the building shall be Lessee's responsibility. The City's obligation to undertake major repairs does not include major repairs necessitated by any acts of Lessee, its agents, employees, officers, or invitees. Interior improvements pursuant to Article VIII are excluded from the definition of"repairs" 2 under this section. ARTICLE Vil Conditions Neither the City nor any of its agency have made any representations with respect to the above - described property except as expressly set forth herein, and no rights, easements or licenses are acquired by Lessee by implication or otherwise, except as expressly set forth herein. Acceptance of possession ofthe above - described property by Lessee shall be conclusive evidence that Lessee accepts the same z� is" and that the property was and is in good conditions at the time possession was accepted. ' 4"/444'''''' ... e... ,�,v� 4d ;� / fr - r t, J �� LE VIII L , ,,,Q,,... G. re— f nt erio r ImDrovements Lessee is responsible for all interior improvements to the building. However, said interior improvements are subject to prior review and approval by the City, which shall not be unreasonably withheld. Lessee shall provide the City with an estimate o f the cost of any interior improvements at the time Lessee submits its building plans to the City for consideration and approval. Lessee further intends to construct an indoor bathroom in the building. Said construction shall be subject to the provisions listed in this Article. Said bathroom shall remain in the building and in the possession ofthe City after the Lease period has ended. ARTICLE 1X Right to Inspect Premises The City has a right, at all times during the term of this lease, through its agents and employees, to enter upon the leased premises for the purpose of examining and inspecting the same to determine whether Lessee has complied with its obligations hereunder with respect to the care and maintenance of the premises, and the repair or rebuilding ofthe improvements therein when necessary. This right of inspection may only be exercised after 24 hours' notice to Lessee of City's desire to inspect the premises. This 24 -hour notice is necessary to insure that a representative of . Lessee will be available to accompany City's representative at the time of inspection. 3 key ARTICLE X taiiknizentnnceIsdaterinuinstkaglegotaidng A. Assignment. Neither City nor Lessee may assign, transfer or sublet its rights under this Lease to any pasty without prior written cornet of the other party. B. Cancellation. It is agreed by both the parties that this lease shall not be canceled without good and reasonable cause. In the event the premises leased hereunder or soy portion thereof is not available for occupancy or use upon commencement of during the tam of this Lease due to fire, casualty, acts of God, stdbes, national icy or some other anise beyond the control of City, this base and the obligations of the parties hereunder shall terminate and the lessee hereby waives any claim against the City, its employees or agents for damages by reason of such cancellation. Any notice of elation must be in writing and sent by certified mail key C. Termination. The City may terminate this Lease if the Lessee frib to make its rental payment or perform any other condition or obligation required herein. The Lessee may terminate this Lease if the City finis to parlbsm its obligations contained herein. Notice of termination must be in writing and sent by certified mail, as noted. ARTICLE IU CRIRIthancatidilnegations Lessee, at its sole expense, shall cosily with all laws, orders and regalations of federal, state god numicipal authorities, and with any direction of any public officer, pursuant to law, which imposes any duty upon Lessee or the City with respect to the leased premises. Lessee, at its sole expose shall obtain all licenses or permits which may be required for the conduct of its business within the terms of this aipaenert, or for malting repairs, alterations, improvements, or additions. The City, when necessary, will join with Lessee in applying Sur all such permits or licenses. ARTICLE XII c�>aa Lessee shall obtain and maintain at all times during the term hereof; with a responsible 4 insurer, for the benefit of the City and the Lessee as their respective interest may appear, comprehensive general liability insurance in the amount of One Million dollars ($1,000,000.00) per oocurraoce with an aggregate value of Two Million dollars ($2,000,000.00), to protect against any loss, claims, lawsuits or liability for dansgs, property damage, personal injury or death, and any expenses of the parties against any claim for such damages which might result from use or occupation or condition of the premises. Simultaneously with and as a prerequisite of executing of this lease, Lessee shall fanish a copy of such insurance policy(ies) to the City and such policy(ies) shall contain an endorsement that it shall no be canceled or altered without at bast thirty (30) days prior written notice to the City from the insurer. The City and Lessee shall be specifically named as insured under said policy. ARTIC,$ XIII 0 Lessee hereby indemnifies and agrees to bold the City free and halide's fiotn and against i d any and all actions, claims and demands arising out of the use or occupancy ofthe premises by Lessen or the failure of the Lessee to maintain the premises as herein provided, including, but without limitation, any carelessness, negligence, improper conduct, wroagfd or intentional act or breach of this Lease by the Lessee or its agents, anpbyees, patrons, invitees, suppliers or licensees, and any and all costs, expanses and Eves, including attorneys' fees, incurred by the City incident thereto. The City hereby indemnifies and agrees to hold the Lessee free and harmless from any and all actions caused by the sole negligence of the City. ARTICLE XIV IllsaidufEauxindlustactiontalmagelkgui A. Use. Lessee shall not use or permit the use of the leased premises for any purpose prohibited by law, shall comply with all requirements and demands of all governmental agencies or officials with respect to the condition, use and occupancy of the premises as such may appear from time to time during cube term w� ofthis Lase and shell not commit nor suffer to be committed any nuance on or 5 CVO 0 .4 'Rob/ 4.' C.fvls Lrovir RESOLUTION NO. R13 -25 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A LEASE WITH THE LAUREL ROD AND GUN CLUB. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Contract between the City of Laurel and the Laurel Rod and Gun Club a copy attached hereto, is hereby approved. Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given authority to execute said contract on behalf of the City. Introduced at a regular meeting of the City Council on May 7, 2013, by Council Member PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 7 day of May, 2013. APPROVED by the Mayor this 7 day of May, 2013. CITY OF LAUREL Kenneth E. Olson, Jr., Mayor ATTEST: Shirley Ewan, Clerk- Treasurer Approved as to form: Sam S. Painter Civil City Attorney R13 -25 Laurel Rod and Gun Club Lease LEASE AGREEMENT I his agreement is entered into this 7 .1h day of May. ?t)'.1. by and between the (it■ of Laurel. \lontaua, it municipal corporation organised and existing under the laws of the State of Montana_ whose business address is I'.0. Box 10. laurel, Montana 590 -14, hereinat1er referred no as "Clt:' t Lessor). and the laurel Rod & (sun Club, whose business address is P.O. Box 986, L aurel r 590,44. hereinafter referred to as "Lessee'. \V iTNFSSfi 1 11: In consideration of the mutual Covenants hereinaner set thrth, the parties hereto agree and coy chant as toile +ws: ARTICLE i Purpose of greement l he purpose or this Agreement is to lease the Lessee certain and specific ('ity facilities or proper la order that the Lessee may conduct up to tour shotgun shooting events each year upon the Lily leased property pursuant to the tolluwing conditions: • All shooting events must have prior approval by the City Council; • All s;hoot inu dents must be conducted pursuant to the bent Safety Protocol establishing Range ()Ulcers and all safety procedures tl,r the event attached hereto as Exhibit A: • No individual using or suspected of using alcohol may be alloyed to handle a firearm. ,hoot in the event. or he present inside the trap tiring area: and • Nc.■ individuals may be allowed in the trap tiring area other than the officers and shooting participants of the shooting event. \RfICLF.11 Leased Property 1 he City hcreh■ leases and permits the use to Lessee and the Lessee hereby leases from The City the t i+Ilowi ii - described property located in Yellowstone Count‘, Montana. hereinafter referred to as "leased property The available leased property is defined as two separate and distinct properties. Property 1 constitutes the area utilized for shooting events as shoccn on the attached trap_ Property 2 constitutes the Club house shovcn on the attached map. Exhibit R. 1 he pa agree that this agreement is solely for Property 1. 1`hc; panics shall negotiate and cyecute an additional agreement for lease o1 Property pert 2 atter the City completes the necessary reno‘ itluns repairs and the structure is declared sate and usable. ARTICLE 111 Parties: (itv tttice t the \lavt+r Wit Clerk) Box lo 1 aurcl. \lontana 590-14 Phone: (40(,) 628 -7- , 1 Lax: 14116) 62s_2241 1 essee: President I acre! Rod and ('run Club PO Box 9S6 laurel. Alontana 59)(1 -14 :1R il('LE 11' 'Perm of .Agreement 1 h terns of this agreement shall commence on approval by the City Council and run li,r a period or flue I 1 VC:Irs. 11 this agreement is terminated prior io expiration of the 5-Near term. the ('its xiarccs tl:at Lessee m rcmocc all Lessee ttt ; nccl equipment and or personal property stored or present upon the leased property. ARTICLE V Rent 1_eace shall pa‘ the ('1t% rent in the amount of S?>.( t) per year as consideration tier the use of Propert‘ 1. Lessee. shall pay annually ern or hetorc the anniversary date of the agreement. The payment of rent included Lessee's right n■ utilise the leased propertx as described herein. %R I'I( A'1 Repaus, Condition and Maintenance 1 essee takes piissession Of Property 1 "as ii and agrees for maintain Property 1 in '1 like it similar POn thro ughtut the term t. the aureenlent. h here are no repairs contemplated ror Property 1 under this agreement. City :hall pi idc routine grass maintenance during this iatrreement 11Ci.E: x'11 Right to Inspect Premises 1 he (it \ has it right. at all tunes during the term of this agreement, through its agents and cinployces, to enter upon Property 1 lur the purpose of ex.:miming and Inspecting the same to determine whether 1_essec has complied with its ohligations hereunder ycith respect to the care grid maintenance of the leased property. .tR I l('1.E: \il11 Caneellation or Termination Cancellation. It is agreed by both the parties that this agreement shall not he canceled without good and reasonable cause. In the ev cart the property. . leased hereunder ;inA portion thereof i. not a'.ailable for occupancy or use upon commencement of during the term of this agreement due to flood. tire. casualty. acts of Clod, strikes, national emergency or some tither cause beyond the control of City. this agreement and the obligations of the parties hereunder shall terminate and the lessee hereb a' es any lain Ci'J,ain >t the City, its employees or agents for damages by reason of such cancellation. Any notice of cancellat tllai.t be in Avritiiig and sent by Certified mmail l . 1 el f he City may terminate this agreement tithe Lessee tails to make rcntti payment or perform any other condition or ,ihhgation required herein. 1 he 1.. e'sce may terminate this agreement if the City tail to perteirm its obligations contained herein. Notice terinunation iuust he in vtiting and sent by certified mail. ARTICLE IX Compliance With Regulations Lessee, at its sole expense, shall comply with all laws, orders and regulations of federal, state and municipal authorities, and with any direction of any public officer, pursuant to law, which imposes any duty upon Lessee or the City with respect to the leased property. Lessee, at its sole expense shall obtain all licenses or permits which may be required for the conduct of its business or activities within the terms of this agreement. The City, when necessary, will join with Lessee in applying for all such permits or licenses. ARTICLE X Liability Insurance A. Event Insurance. Lessee shall obtain a comprehensive general liability policy of insurance covering loss, claims, lawsuits or liability for damages, property damage, personal injury or death, and any expenses of the parties against any claim for such damages which might result from use or occupation of the leased property, during shooting events. The insurance for shooting events shall be for the benefit of Lessee and the City in the amount of one million dollars ($1,000,000.00) per occurrence with an aggregate value of two million dollars ($2,000,000.00). Lessee shall furnish a copy of such insurance policy to the City prior to each of its events. The City and Lessee shall be specifically named as insured under said policy. B. Rental Insurance_ For non-shooting uses, Lessee shall obtain a one million dollar ($1,000,000.00) comprehensive general liability policy of insurance covering loss, claims, lawsuits or liability for damages, property damage, personal injury or death, and any expenses of the parties against any claim for such damages which might result from use or occupation of the leased property. The City and Lessee shall be specifically named as insured under said policy. 4 ARTICLE XI Indemnification Lessee hereby indemnifies and agrees to hold the City free and harmless from and against any and all actions, claims and demands arising out of the use or occupancy of the leased property by Lessee or the failure of the Lessee to maintain the leased property as herein provided, including, but without limitation, any carelessness, negligence, improper conduct, wrongful or intentional act or breach of this agreement by the Lessee or its agents, employees, patrons, invitees, suppliers or licensees, and any and all costs, expenses and fees, including attorneys' fees, incurred by the City incident thereto. The City hereby indemnifies and agrees to hold the Lessee free and harmless from any and all actions caused by the sole negligence of the City. ARTICLE XII Time of the Essence Time is and shall be deemed of the essence in respect to the performance of each provision of this agreement. ARTICLE XIII Assignment, Mortgages and Subleases Lessee may not assign its rights under this agreement or encumber the leased property. Lessee may sublet the leased property for up to three consecutive days per event. ARTICLE XIV Surrender Upon Termination Upon the termination or cancellation of this agreement, Lessee shall surrender possession of the leased property to City. Lessee shall not hold -over or otherwise refuse to vacate the leased property. Any holding -over by Lessee shall incur to the City a penalty fee of 5100.00 per day. 5 ARTICLE XV Entire Agreement This agreement and the attached Map constitutes the entire agreement between the parties and no waiver of any right, agreement or condition herein and no modification of any term or condition herein shall be binding upon either party unless in writing and signed by both parties. ARTICLE XVI Partial Invalidity In the event any provision of this agreement or part thereof shall be determined by any court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions hereunder, or parts thereof, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. ARTICLE XVII Notices Notices or demands required hereunder shall be in writing and shall be sent by certified mail (return receipt requested) to those persons at the addresses noted herein. The address of either party hereinabove set forth may be changed from time to time by giving written notice in that regard. All payments required to be made hereunder shall be made at the appropriate address hereinabove set forth or to such address as either of the parties may from time to time specify. 6 kltI ICLE: XVIII tihuutin��. cot:, Pioinh1tCd 1 essee may sponsor or conduct its outdoor shotgun shooting activities and events pursuant to this agreement until this agreement expires. Thereafter. I-csee acknowled:.;c' and i the Its ii1 no 1Ung.cr idioNA t!.,',ret' to :111otk shooting :icti\1ties anywhere in the ( it\ -owned RI %er,:dL Park • ('1'll OF LAt'REI. LESSEE: Laurel Rod and (,un Club It y: By Nla 1. 11. NN like. President liy ("it■ Clerk • EVENT SAFETY PROTOCOL Purpose and plane This safety protocol shall apply to all shooting events conducted under the Lease and is hereby grade an integral part of the Lease by this reference. t. Moot competition for dub members 2. Rules of Amateur Trapshooting Association 3. The Trap Shooting Directors rrnh the event, and a range safely officer will be assigned. 4. Range officer wig maintain control of coming and leaving shooters plus the range perimeter. S. This match 1s for the entertainment of the membership of the LROC and 6. The range officers' duties are to patrol the perimeter of the club grounds and the rangy 7. The range officer will maintain visual on all partldpants as to firearms handling from vehicle to range and placement of firearms into racks. Range officer will be IdentIAed by a blaze orange cap. Range out Lbw 1. Orientation of the range /firing line 1s a set ATA standard as laid out by concrete walks. 2. Spectators are at or near ready area of the range. Benches used by shooters and on lookers as wail. 3. Fail out 1s out to Boo yards beyond the firing line. 4. There will be no cleaning of firearms on the range or ready area during the event S. A map of the range shooting area to be attached. SAFE FIREARMS HANDLING RULES 1. ALWAYS POINT YOUR FIREARM IN A SAFE DIRECTION. 2. ALWAYS TREAT ALL FIREARMS AS IF THEY WERE LOADED. 3. ALWAYS KNOW YOUR TARGET AND BEYOND. 4. ALWAYS KEEP YOUR FINGER OFF THE TRIGGER UNTIL READY TO FIRE. EXHIBIT • 1 � , SIGHT SPECIFIC RANGE RULES L Absolutely no alcoholic bevy on the range or at spectator area. 2. All firearms coming onto or leaving range may be cased or uncased 3. Actions will be open at all times unless racked or beIng shot. 4. All range commands will be followed to the letter as given by range officer and/or score keeper. 5. All ammunition will be boxed, bagged or in pockets. 6. Eye and hear protect ion Is required by ad shooters on the firing line. 7. When firearms are not being used they must be in a rack or broke down and cased. 8. The North and South boundary of dub grounds surrounding deb house will be caution taped off. FIRING LINE COMMANDS L Calling out of shooters on t first squad in order of firing position. 2. Squad number # bring your firearms to your startlag position number 1, 2, 3, 4,or5. 3. Are all positions ready? 4. Shooters may begin calling targets. S. After 5 shots are fired the score keeper cads out "switch ". 6. AU shooters move to the right. The 5e shooter moves to 8 one position. 7. At rounds end all firearms Nan the range with action open and staged In gran racks. 8. Collectlon of hulls will commence after each round and when firearms are off the range. 9. ANY UNSAFE CONDITION ON THE RANGE MAY BE CALLED BY ANYONE AT ANYTIME BY CALLING A CEASE FIRE CEASE FIRE. EMERGENCY PROCEDURES 1. Determine the severity of situation and seriousness. 2. Render FIRST AID AS NEEDED. (FIRST AID KIT ON SIGHT) 3. Call for emergency assistance (911). 4. Directions to Emergency crow as needed (Iocatiou incident). 5. Make notes of Inddent for a future written report 2 EMERGENCY REPORT SHEET CONTACTS MIAS 911. Police 911 Fire 911 Range Officers number REPORT 1. Specific location or address with directions as needed 2. Telephone you called from. 3. Your name. 4. What happened and what. hazards are there for the rescuers. 5. Number of people involved. 6. Condition of injured party. 7. First aid given. 8. Collect names of witnesses and gather statements. 9. Notify nett of kin. 10.Notlfy club officers and directors. tLCompleto injury report forms. 12.Notlfy insurance company. • 3 • v C) . . J • 5 VG 0 ,/ ' - '6:■., 1 . . M • E 3 2 f f t Q a T i ; Y I Y O ' s