Lease Agreement/Tri-City Planning & Gilliland Enterprises (Ford Building)Prepared: June 1, 2001
GILLILAND ENTERPRISES LEASE AGREEMENT
THIS LEASE, entered into this first day of June, 2001, between Tri-City Planning Office
whose address is Suite 211, 17 Second Street East, Kalispell, MT 59901, hereinafter referred to as
"Tenant", and GILLILAND ENTERPRISES whose address is P.O. Box 368, Somers, MT 59932,
hereinafter referred to as the "Landlord."
WITNESSETH:
THAT, the Landlord and the Tenant, in consideration of their mutual undertakings, agree as follows:
A. DESCRIPTION OF PREMISES: The Landlord hereby leases to Tenant and Tenant hereby
leases from Landlord, those certain premises, herein referred to as "Leased Premises," situated in
Flathead County, State of Montana, described as:
Ford Building, Suite 211, 17 Second Street East, Kalispell, MT 59901
B. TERM: The term of this lease shall be for a period of 13 months commencing on: June 1,
2001 and ending at the expiration of. June 30, 2002, unless sooner terminated by mutual agreement.
C. RENT: The Tenant, without demand or notice shall pay a total rent of: $11,000 payable in
consecutive monthly installments at the rate of: $1,000.00 per calendar month in advance, beginning
on August 1, 2001. The monthly lease payment includes Suite 211 at $950.00, and parking places
1 and 2 at $25.00 each.
All monthly lease payments are payable to the Landlord at the address of the Landlord set
forth in this lease or such other address as Landlord by notice shall direct, all upon the following
covenants, terms, and conditions:
POSSESSION: Tenant shall be entitled to possession of the leased premises during
the term hereof and provided that Tenant is in compliance with all of the terms and
conditions of this lease. In the event of the inability of Landlord to deliver possession
of the premises, or any portion thereof, at the time of the commencement of the term
of this lease, neither Landlord nor Landlord's agent shall be liable for any damage
caused thereby, nor shall this lease thereby become void or voidable, nor shall the
term herein specified be in any way extended; but in such event, Tenant shall not be
liable for any rent until such time as Landlord can deliver possession. If Landlord
shall deliver possession of the premises to Tenant prior to the commencement date
of this Lease, Tenant agrees to be bound by all of the provisions and obligations
hereunder during such prior period, except that no rental shall be payable for such
period.
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2. USE: The leased premises shall be used by the Tenant only for the purposes of
conducting therein the following business: tri-city planning office and not for other
use or purposes without the consent of Landlord. Tenant shall keep the leased
premises in a clean and orderly condition and shall without constituting a violation
of any ordinance, statute, regulation or order of any governmental authority,
including without limitation zoning ordinances, nor shall tenant maintain, permit, or
suffer any nuisance to occur or exist on the leased premises.
3. SURRENDER AND HOLDOVER: Upon the expiration or sooner termination of
this lease, Tenant shall surrender to Landlord the leased premises, together with all
other property affixed to the leased premises (excepting trade fixtures) broom clean
and in the same order and condition in which Tenant received, the effects of ordinary
wear, acts of God, casualty, insurrection, riot or public disorder excepted. Unless an
event of default as hereinafter defined has occurred and remains uncured, Tenant
shall prior to the expiration of the term, remove all of Tenant's trade fixtures and
personal property from the leased premises. Any damage to the leased premises
caused by such removal shall be repaired by Tenant prior to the expiration of the
term. At Landlord option, if Tenant fails to remove such trade fixtures and personal
property, then the same shall be deemed property of the Landlord. If Tenant shall
remain in possession of all or any part of the leased premises after the expiration of
the term of this lease, with the consent of the Landlord, then the Tenant shall be a
Lessee from month to month at the same rental and subject to all of the other
applicable covenants, terms, and conditions hereof.
4. SUBLETTING: Tenant shall not assign, mortgage, encumber, or transfer this lease
in whole or in part, or sublet the leased premises or any part thereof, nor grant a
license or concession in connection therewith without the prior written consent of
Landlord. This prohibition shall include any act which has the effect of an
assignment or transfer and which occurs by operation of law, except any transfer or
assignment resulting in the death of Tenant. If consent is once given by Landlord to
the assignment of this Lease or any interest therein, Landlord shall not be barred
from afterwards refusing to consent to any further assignments. Any attempt to sell,
assign, mortgage, hypothecate or sublet without the written consent of Landlord shall
be deemed a default by Tenant, entitling Landlord to reenter pursuant to paragraph
10 if it so elects. Landlord shall not unreasonably withhold its consent to assignments
of this lease or subletting of the leased premises by Tenant to responsible assignees
or tenants without other good cause.
5. ALTERATIONS: Tenant shall not without the prior written consent of Landlord,
make any alterations, additions, or improvements in or to said premises, and if such
alterations, additions, or improvements are consented to and made, Tenant shall, at
the expiration or sooner termination of the lease, leave said alterations, additions, or
improvements intact as part of said premises, or at the request of Landlord, remove
the same or such parts as Landlord may direct, all at Tenant's sole expense. Trade
fixtures, appliances and equipment shall not be deemed alterations, additions, or
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improvements unless the removal of same would do material physical damage to the
said premises. Unless specifically agreed to by Landlord in writing, in no event shall
Tenant be compensated in any manner for any alteration, addition, or improvement
to the premises.
6. TAXES AND INSURANCE: Landlord will pay real estate taxes and insurance
which may be assessed against the demised premises (except, and levied, if any,
against the Tenant's leasehold interest herein.) Tenant shall pay all taxes, insurances
and assessments of every kind and character whatsoever imposed upon its fixtures
and personal property in said premises. Tenant agrees to carry a minimum of
$300,000.00 public liability insurance. A copy of the insurance certificate must be
sent to the Landlord as soon as Tenant takes occupancy.
7. OPTION TO RENEW AND ADJUSTMENT: This lease may be renewed at the
option of the Tenant upon termination of lease upon 60 days notice. In the event the
Tenant exercises the option, as herein provided, the annual lease payment shall be
increased by 5% , commencing on June 1, 2002. Monthly installments under the
renewal period shall be increased to reflect the increase in annual lease payment.
8. MAINTENANCE OF LEASED PREMISES: Tenant shall make all ordinary
repairs to the interior walls, floors and ceilings, plate glass windows and doors, and
inside doors. Tenant shall be responsible for repairs or replacement of improvements
or equipment installed by Tenant, and repairs and damage to premises resulting from
improvements or equipment negligently installed by the Tenant. Landlord shall be
responsible to maintain the premises in a safe, dry, tenantable condition and in good
repair, including but not limited to electrical, if any, foundation or other structural
portions either exterior or interior, plate glass, piping and wiring, and electrical
panels.
Landlord, promptly after written notice from the Tenant, shall make all other repairs
necessary to maintain the premises in a safe, dry, tenantable condition and in good
repair, including but not limited to:
A. Water, sewer, gas, and electrical lines from the public mains to the point of
entry to the leased premises and through the entire office building.
B. All appurtenances to the leased premises including lobbies, stairways,
elevator, storage areas, passageways, and canopies.
C. The exterior and structural walls (excluding storefronts, doors and glass),
structural floors, roofs and down spouts of the leased premises.
D. If the leased premises are an integral part of a larger structure, then to such
portions of the structure which because of its state of disrepair, adversely and
materially affects the Tenant's use of the leased premises, except to the
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extent that the acts of neglect of the Tenant, its employees or invitees
necessitates such repairs. Tenant shall not be obligated under this provision
to repair any injury to the leased premises resulting from fire, the elements,
or natural disaster. The preceding sentence is not intended to limit, modify,
or release Tenant from any liability it may have for damage or destruction.
9. EVENTS OF DEFAULT: Any of the following shall be deemed as an Event of
Default:
A. The failure to pay any installment of rent when the same becomes due and
the failure continues for fifteen (15) days.
B. Tenant's failure to perform or observe any other covenant, term or condition
of this lease to be performed or observed by Tenant and if curable, the failure
continues for thirty (30) days after notice thereof is given to Tenant.
C. Abandonment of the leased premises.
D. The filing or execution or occurrence of:
(1) Any involuntary petition in bankruptcy against Tenant and the failure
of Tenant, in good faith, to promptly commence and diligently pursue
action to dismiss the petition.
(2) A petition against Tenant seeking a reorganization arrangement,
composition, readjustment, liquidation, dissolution, or other relief of
the same or different kind under any provision of the Bankruptcy
Act., and the failure of Tenant in good faith to promptly commence
and diligently pursue action to dismiss the petition.
(3) A general assignment for the benefit of creditors by Tenant.
(4) The taking by any party of the leasehold created hereby, or any part
thereof, upon foreclosure, levy execution, attachment, or other
process of law or equity.
For the purposes of this Section 10 and Subsection B of Section 11, the term "Tenant" shall include
any assignee, sublessee, or guarantor of Tenant. This provision, however, shall not be construed to
permit the assignment of this lease, nor the subletting of the leased premises, except as may be
permitted hereby.
10. LANDLORD REMEDIES:
A. Upon the occurrence of any Event of Default, Landlord may, at its option, in
addition to any other remedy or right it has hereunder or by law:
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(1). Re-enter the leased premises, without demand or notice, and resume
possession by an action in law or equity or by force or otherwise and
without being liable in trespass or for any damages and without
terminating this lease. Landlord may remove all persons and property
from the leased premises and such property may be removed and
stored at the cost of the Tenant.
(2). Terminate this lease at any time upon the date specified in a notice to
Tenant. Tenant's liability for damages shall survive such termination.
Upon termination, such damages recoverable by Landlord from
Tenant, at Landlord's option include:
(a). Costs of obtaining possession of the leased premises.
(b). Removal and storage of Tenant's or other occupant's
property.
(c). Reletting the whole or any part of the leased premises.
(d). Care, maintenance, and repair of the leased premises while
vacant.
(e). Making all repairs, alterations, and improvements required to
be made by Tenants hereunder and performing all covenants
of the Tenant relating to the conditions of the leased
premises, less the rent and any other payments if any, actually
collected and allocable to the leased premises or the portions
thereof relet by Landlord. Tenant shall on demand make
indemnity payments monthly and Landlord can sue for all
indemnity payments as they accrue.
(3). Without terminating this lease, relet the leased premises without the
same being deemed an acceptance of a surrender of this lease, nor a
waiver of Landlord's right or remedies and Landlord shall be entitled
to indemnity payments as heretofore defined, from Tenant. Any
reletting by Landlord may be for a period equal to, or less than, or
extended beyond the remainder of the original term, or for the whole
or part of the leased premises, separately or with other premises or
for any sum, or to any Lessee or for any use Landlord deems
appropriate.
B. Upon the occurrence of any of the following, this lease shall terminate ipso
facto as of such occurrence and the leased premises shall be surrendered as
required by Section 4. Tenants' liability for damages shall survive such
termination, and Landlord shall be entitled to recover an amount equal to the
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maximum allowed by any statute or rule of law in effect at the time when and
governing the proceedings in which such amount is sought, whichever
amount is less.
1. The filing of a voluntary petition in bankruptcy by Tenant.
2. The filing of a petition or answer by Tenant seeking a reorganization
arrangement, composition, readjustment, liquidation, dissolution, or
other relief of the same or different kind under any provision of the
Bankruptcy Act.
3. An adjudication of Tenant as a bankrupt or insolvent.
4. The appointment of a trustee, receiver, guardian, conservator, or
liquidator of Tenant with respect to all or substantially all of its
property.
11. ACCEPTANCE OF PREMISES: Unless otherwise provided in this lease, Tenant,
having ascertained the physical condition of said premises from careful and complete
inspection thereof, accepts said premises in their present condition and in such
condition as same may be at the commencement of the term, without any
representations or warranties, and subject to any conditions that a personal inspection
might reveal.
12. DESTRUCTION: If the leased premises are damaged or destroyed by acts of war,
the elements (including earthquake), or fire to such an extent as to render the same
untenantable in whole or part, Landlord has the option to cancel this lease or of
rebuilding or repairing the same. Such notice whether to cancel the said lease or to
rebuild and repair the premises or the part so damaged must be given to the Tenant
within thirty (30) days after the occurrence of such damage or destruction and if the
Landlord elected to cancel the lease, said lease shall terminate as of thirty (30) days
after the date such notice is given. If Landlord fails to give notice of its intentions,
Tenant shall have the right to declare this lease terminated.
If the leased premises are an integral part of a larger structure and if the structure
should be damaged or destroyed by fire or other cause to such an extent that the cost
of repair or restoration would exceed thirty percent (30%) of the amount it would
cost to replace the structure in its entirety at the time such destruction took place and
not withstanding that the leased premises may be unaffected by such damage or
destruction, then Landlord shall have the right to cancel this lease by giving Tenant
notice of such election within thirty (30) days after the occurrence of such damage
or destruction and this lease shall terminate thirty (30) days after the date such notice
is given.
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The opinion of an architect, or registered engineer appointed by Landlord as to the
cost of repair, restoration, or replacement shall be controlling upon the parties.
Landlord's obligation (should it elect to repair or rebuild) shall be limited to the
basic building and Tenant shall forthwith replace or fully repair at its expense all
exterior signs, trade fixtures, equipment, and other installations originally installed
by Tenant. Tenant agrees to give prompt written notice to Landlord of any fire, or
of any other damage which may occur to the leased premises or any portion thereof,
or any other condition or occurrence causing the leased premises to be untenantable.
If Landlord elects to rebuild or repair and does so without unnecessary delay, Tenant
shall be bound by this lease except that during such period, rent of the premises shall
be abated in the same proportion that the portion of the premises rendered unfit for
occupancy by Tenant shall bear to the whole of the leased premises.
The provisions of this section are not intended to limit, modify or release Tenant
from any liability it may have for damage or destruction.
13. CONDEMNATION: If the premises or any part are appropriated or taken for any
public use by the virtue of "eminent domain" or condemnation proceedings, or if by
reason of law, or ordinance, or by court decree, whether by consent or otherwise, the
use of the premises by Tenant for any of the specific purposes herein before referred
to shall be prohibited and this lease shall terminate as of the date possession is
required by condemnor or appropriator. If a portion of the leased premises is
condemned or appropriated, but the remainder is still suitable for the use permitted
by this lease, this lease shall not terminate but a portion of the rent for the rest of the
term shall be abated in proportion to the amount of the leased premises taken. All
compensation awarded or paid upon such a total or partial taking of the fee of the
premises shall belong to and be the property of Landlord, whether such
compensation be awarded or paid as compensation for diminution in value of the
leasehold or to the fee; provided however, Landlord shall not be entitled to any
award made to Tenant for loss of business, depreciation to, and cost of removal of
stock and fixtures, provided that any award for such claims shall not operate to
reduce the amount of any award made to Landlord as herein before provided.
14. SIGNS: The Tenant shall not erect or install any exterior sign or symbols or
decoration without the consent of the Landlord. Nor shall Tenant erect, install or
place any signs or symbols in the public hallways without Landlord's consent, which
consent shall not be unreasonably withheld; the purpose of this restriction being only
to provide Landlord with the right to insure that all signs in the Ford Building are
compatible with each other and with the theme of the building and are attractive in
design, size and color. Any signs or symbols so placed on the premises shall be so
placed upon the understanding and agreement that Tenant will remove the same at
the termination of the tenancy herein created and repair any damage or injury to the
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premises caused thereby; and if not so removed by Tenant, then Landlord may have
the same removed at Tenant's expense.
15. SERVICE AND UTILITIES: The parties agree that each shall furnish and pay for
services and utilities as indicated below:
ELECTRICITY - Tenant - sign up with Flathead Electric Coop
NATURAL GAS - Tenant - sign up with Montana Power
WATER/SEWER - Landlord
GARBAGE REMOVAL - Landlord
Landlord shall be responsible for janitor and cleaning expenses of all common areas
including common hallways, stairways, restrooms, and elevator.
Tenant shall provide and pay for their own telephone, T.V. cable, and any other
services they may require as well as their own janitorial requirements. Also, the
Tenant shall be responsible to provide and pay for fluorescent tubes and light bulbs
which they use, however, the Landlord will maintain and repair all light fixtures.
16. ALL CHARGES DEEMED RENT: All costs, expenses, and other charges which
the Tenant assumes or agrees to pay pursuant to this lease shall be deemed to be and
shall be additional rent, and the event of a non-payment, Landlord shall have all the
rights and remedies herein provided for in case of non-payment of rent.
17. MECHANIC'S LIENS: Tenant shall not permit any Notice of Lien to be filed
against the leased premises or any part thereof nor against any interest or estate
therein by reason of labor, services, or materials claimed to have been performed or
furnished to or for Tenant. If such Notice of Lien shall be filed, Landlord, at its
option, may compel the prosecution of an action for the foreclosure of such Lien by
the Lienor. If any such Notice of Lien shall be filed and action commenced to
foreclose the lien, Tenant, upon demand by Landlord, shall cause the lien to be
released by the filing of a written undertaking with a surety approved by the Court
and obtaining an order from the Court releasing the property from such lien. Nothing
in this lease shall be deemed or construed to constitute consent to or request to any
party for the performance of any labor or services or the furnishing of any materials
for the improvement, alteration, or repairing of the leased premises; nor as giving the
Tenant the right or authority to contract for, authorize or permit the performance of
any labor or services or the furnishings of any material that would permit the
attaching of a valid Mechanics Lien.
18. STREETS: Landlord shall keep the sidewalks in reasonable repair and shall be
responsible for maintaining the sidewalks adjacent to its leased premises free of
debris and snow.
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19. ACCESS: Tenant shall allow Landlord free access to said premises at all reasonable
times for purposes of inspecting the same or making repairs, additions, or alterations
to said premises or to the building in which the premises are located, but this right
shall not constitute or be construed as an agreement on the part of Landlord to make
any repairs which Tenant is required to make, or to make any additions or alterations
to said premises. Landlord shall have the right to place and maintain "For Rent"
signs in a conspicuous place or places on said premises for ninety (90) days prior to
the expiration or sooner termination of the term of this lease.
20. OUIET ENJOYMENT: If Tenant shall perform all of the covenants and agreements
herein provided to be performed on Tenant's part, Tenant shall, at all times during
the term, have the peaceful and quiet enjoyment ofpossession of the leased premises
without any manner of hindrance from Landlord or any parties lawfully claiming
under Landlord.
21. LITIGATION COSTS: If any legal action is instituted to enforce this lease, or any
part thereof, the prevailing party shall be entitled to recover reasonable attorneys'
fees and court costs. If any legal fees are incurred by Landlord relative to the
enforcement of any term of this lease, Tenant shall be liable to Landlord for said fees
and shall pay the same to Landlord as a condition of continuing possession of the
leased premises, within ten (10) days of demand by Landlord therefore. Venue of
any legal action brought hereunder shall be Flathead County, State of Montana.
22. FIRE INSURANCE: Landlord agrees it will maintain fire insurance on the building,
office, and appurtenances which are the property of Landlord. Said insurance shall
provide that the parties waive all rights of subrogation against Tenant, its directors
and agents, but only to the extent that said property is covered by insurance. If
however, Tenant shall substantially increase the cost of such insurance or jeopardize
the availability of coverage to Tenant's operations or failure to comply with fire
codes and regulations, Landlord shall have the right to increase the rent payable
hereunder in an amount equal to the increased cost of insurance premiums resulting
therefrom. Should the fire insurance hereunder be cancelled due to any actions of
Tenant, Landlord may terminate this lease upon five (5) days notice to Tenant and
proceed as outlines in paragraph 10. It shall be the responsibility of Tenant to
maintain fire insurance with extended coverage (including water damage) on all
personal property, assets, and fixtures owned by Tenant and located within the leased
premises. Said insurance shall provide that the parties waive all rights of subrogation
against Landlord, its directors, officers and agents, but only to the extent said
property is covered by insurance.
23. ADVANCES AND INTEREST: Upon the occurrence of any Event of Default,
Landlord may, if such default has not been cured, cure that default for the account
and at the expense of Tenant. If Landlord in curing such default is compelled to pay
or elects to pay any sum of money or do any acts which will require the payment of
any sum of money, the sum so paid or incurred shall be reimbursed by Tenant upon
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demand by Landlord. All sums as to which Tenant is in default of payment shall bear
interest at the rate of ten percent (10%) per annum until paid.
24. HEIRS AND SUCCESSORS: All the covenants, agreements, provisions, and
conditions of this lease shall inure to the benefit of and be binding upon the parties
hereto, their successors, heirs, executors, administrators, and assigns.
25. SEVERABILITY: The invalidity of any provision of this lease, as determined by
a court of competent jurisdiction, shall in no way affect the validity of any part of the
other provisions hereof.
26. REMOVAL OF PERSONAL PROPERTY BY TENANT: Tenants shall have the
right to remove all personal property, trade fixtures, and office equipment, whether
attached to the leased premises or not, provided that such may be removed without
serious damage to the building or premises. All holes or damage to the building or
premises caused by removal of such items shall be restored or repaired by Tenant
promptly. All property not so removed may, at the option of the Landlord, be
removed by the Landlord and the costs of such removal be charged to the Tenant, or
such property be deemed abandoned by Tenant and become a part of the real
property. It shall be understood by and between the respective parties that there will
not accrue a residual value in these Tenant/Leasehold improvements which could be
charged to the Landlord and paid to the Tenant upon the expiration of said lease.
27. REMOVAL OF PROPERTY BY LANDLORD: If Landlord re-enters the
premises or takes possession of the premises prior to normal expiration of this lease,
Landlord shall have the right, but not the obligation to remove from the leased
premises all personal property located therein and may place the same in storage in
a public warehouse at the expense and risk of Tenant, with the right to sell such
property, without notice to Tenant, after it has been stored for a period of thirty (30)
days or more, the proceeds of such sale to be applied as follows: first to the cost of
such sale; second to the payment of the charges for storage, if any; third to the
payment of any other sums of money which may then be due from Tenant to
Landlord under any of the terms hereof; fourth the balance, if any, to be paid to the
Tenant.
28. STATEMENTS BY TENANT: Tenant agrees at any time and from time to time
upon not less than ten (10) days prior request by Landlord, to execute, acknowledge,
and deliver to Landlord a statement in writing, certifying that this lease is
unmodified and in full force and effect (or if there have been modifications and the
same is in full force and effect as modified and stating the modifications), and the
dates to which the fixed rent and other charges have been paid in advance, if any, it
being intended that any such statement delivered pursuant to this paragraph may be
relied upon by any prospective purchaser, mortgagee, or assigns of any mortgagee
of the premises.
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29. INDEMNIFICATION AND RELEASE: Tenant shall indemnify and hold harmless
Landlord from and against all damages, claims, and liability arising from or
connected with Tenant's control or use of the leased premises, including, without
limitation, any damage or injury to person or property. This indemnification shall not
include any matter for which the Landlord is effectively protected against by
insurance. If Landlord shall, without fault, become a party to litigation commenced
by or against Tenant, then Tenant shall indemnify and hold Landlord harmless.
Landlord shall indemnify and hold harmless Tenant from and against all damages,
claims, and liability arising from or connected with Landlord's control or use of the
leased premises, including, without limitation, any damage or injury to person or
property. This indemnification shall not include any matter for which the Tenant is
effectively protected against by insurance. If Tenant shall, without fault, become a
party to litigation commenced by or against Landlord, then Landlord shall indemnify
and hold Tenant harmless.
Tenant will indemnify Landlord against and hold Landlord harmless from any and
all loss, liability, and expense arising out of any breach by Tenant of its warranties
contained herein, and Landlord will indemnify Tenant against and hold Tenant
harmless from any loss, liability, and expense arising out of any breach by Landlord
of its agreements contained herein.
The obligations to indemnify shall include reasonable attorney's fees and
investigation costs and all other reasonable costs and expenses, and liabilities from
the first notice of any claim or demand to be made or may be made by either party.
Tenant does hereby release Landlord from all liability for any accident, damage or
injury caused to person or property on or about the leased premises whether due to
negligence on the part of Landlord and notwithstanding whether such acts or
omission be active or passive. Landlord and Tenant do each hereby release the other
from all liability for any accident, damage, or injury caused to person or property,
provided this release shall be effective only to the extent that the injured or damaged
property is insured against such injury or damage and only if this release shall not
adversely affect the right of the injured or damaged party to recover under such
insurance policy.
30. NO OTHER AGREEMENTS: Both parties acknowledge that no representation or
condition or agreements varying or adding to this lease have been made either orally
or in writing and further that no modification, addition, or change shall be made or
shall be effective unless reduced to writing and executed by both parties.
31. NOTICES: All notices and demands required or agreed to be given hereunder by
either party shall be in writing and sent by registered or certified mail, receipt
requested, to the respective parties at the following addresses, or at such address that
either party may designate in writing:
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LANDLORD: Gilliland Enterprises, Nancy or E.B. Gilliland, P.O. Box 368,
Somers, MT 59932-0368 phone 857-2121
TENANT: Tri-City Planning, C/O City Manager, City of Kalispell, P.O. Box
1997, Kalispell, MT 59903-1997 phone 406-758-7703
Notice shall be deemed complete on the day of mailing.
32. ADDENDUMS: The addenda, if any, attached to this lease are made part hereof by
reference, and are described briefly as follows: there are no attachments.
33. NON -WAIVER OF BREACH: The waiving of any of the covenants of this lease
by either party shall be limited to the particular instance and shall not be deemed to
waive any other breaches of such covenants. The consent by Landlord to any act by
Tenant requiring Landlord's consent shall not be deemed to waive consent to any
subsequent similar act by Tenant. The failure of the Landlord to insist upon strict
performance of the covenants and agreements of this lease, shall not be construed to
be a waiver or relinquishment of any such covenants or agreements, but the same
shall remain in full force and effect.
34. DEFINITIONS: Whenever the singular number is used in this lease and whenever
required by the context, the same shall include the plural, and the masculine gender
shall include the feminine and neuter genders, and the word "person" shall include
corporation, firm, or association. If there be more than one Tenant, the obligations
hereunder imposed upon the Tenant shall be joint and several. This instrument
contains all of the agreements and conditions made between the parties hereto and
may not be modified orally or in any manner than by agreement in writing signed by
all the parties hereto or their respective successors in interest. Time is and shall be
of the essence of each term and provision of this lease.
35. NON-SMOKING: The premises which are subject to this Lease are situated in a
building which smoking is prohibited, and there shall be no smoking in or upon the
premises which are the subject of this Lease.
36. TERMINATION: In the event Lessor enters an agreement to sell the building in
which the premises are subject to this Lease are situated, Lessor shall have the right
to terminate this Lease upon sixty (60) days written notice of termination to Lessee.
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IN WITNESS THEREOF, the parties hereto have executed this lease the day and year first above
written.
WITNESSED BY:
d
WITNESSED BY:
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TENANT: C"