THIS LEASE MADE this 11th day of December, 2006 , by and between the TRUSTEES OF THE WAR MEMORIAL BUILDNG, Shirley, Massachusetts (hereinafter called the “Landlord”) and GEORGE J. MORIN, POST #183, INC., AMERICAN LEGION DEPARTMENT OF MASSACHUSETTS (hereinafter called “Tenant”) and witnessed by the Board of Selectmen, Town of Shirley.
The parties agree as follows:
1. Leased Premises: Landlord hereby leases to Tenant, upon the terms and conditions contained herein, for the use of the Tenant, the War Memorial Building, Town of Shirley, Massachusetts, located at 9 Church Street, as well as the parking areas servicing the building outside the leased Premises. The Leased Premises are leased in an “as is” condition and the Landlord makes no other warranties concerning the condition of the Leased Premises.
2. Use of Leased Premises: The Leased Premises are to be used by the Tenant for operations of a Veterans’ facility conducted under the auspices of the George J. Morin Post #183, Inc., American Legion Department of Massachusetts, and for such other purposes as are reasonably related thereto and for no other purpose unless with the express written consent of the Landlord. Tenant agrees to use and occupy the Leased Premises in a reasonably quiet fashion and to control the activities of its members and guests in and about the Leased Premises at all times.
3. Term of Lease and Payment of Rent: This Lease shall be for a period commencing December 1, 2006 and shall expire on December 31, 2008. with an option to renew, through mutual agreement, for up to an additional term of two (2) years. Tenant shall pay Landlord the sum of two ($2.00) Dollars per year for each year during the term hereof on the first day of each lease year. At the expiration or by other termination of the Lease, Tenant shall remove its effects from the Leased Premises and deliver up the Leased Premises to Landlord.
4. Utilities and Maintenance: Tenant shall pay the electricity, gas, fuel and hot water for the War Memorial Building. Tenant shall clean and maintain the Leased Premises, including the performance of such janitorial services and the furnishing of such supplies relating to the Leased Premises as are necessary. Landlord will remove the snow from the streets and parking lots, but the Tenant shall remove the snow from the steps, walkways and fire exits of the War Memorial Building.
5. Repair and Maintenance: Tenant shall have the obligation to repair and maintain the building, including repairs and replacements occasioned by ordinary wear and tear, and shall, at the termination of the Lease, return the Leased Premises to the Landlord in the same condition in which they are required to be maintained, damage by casualty excepted. Repairs and maintenance of other areas within the leased Premises including repairs to the major structural components thereof shall be the Landlord’s obligation. Tenant shall promptly notify Landlord of the need for repair to the leased Premises as it shall observe within the normal course of its business. Nothing contained herein shall excuse Tenant from the obligation of repairing and maintaining any items or aspects of the leased Premises, if such repair or maintenance is required as a result of Tenant’s negligence or the abuse of its members or guests. Tenant shall indemnify and hold Landlord harmless from any loss, cost or damages in connection with the acts of Tenant and its agents, servants, employees and invitees. This obligation to indemnify and hold harmless shall survive termination of the Lease.
6. Additions and Alterations: Tenant shall make only such additions and alterations as are approved in advance, in writing, by Landlord. Any such additions or alterations shall be completely at Tenant’s expense. Upon the termination of this Lease, or any extension or renewal thereof, Tenant shall leave the Leased Premises in as good condition as at the beginning of this Lease, reasonable wear and tear only excepted.
7. Risk of Loss: The Tenant’s stock in trade and fixtures in the Leased Premises shall be at the sole risk of the Tenant.
8. Signs: Existing signs relating to Tenant’s occupancy of the Leased Premises are hereby Permitted to be left in place and maintained by the Tenant. Any alterations or changes in Tenant’s signs must be approved by the Landlord and must be fully in compliance with any by-laws or regulations of the Town of Shirley relating thereto.
9. Damages to Premises by Fire, Casualty or by Taking for Public Use: In the event the Leased Premises are completely or substantially damaged by fire or other casualty so as to render the premises substantially unfit for use by Tenant, the Tenant shall have the right to terminate this Lease, and the obligations of the parties hereto shall be thenceforth null and void, except those obligations which expressly or by implication survive termination of the Lease.
10. Insurance: Landlord and Tenant acknowledge that the Town of Shirley has satisfactory fire and extended casualty insurance relating to the Leased Premises and further acknowledge that such insurance is not intended to benefit directly the Tenant. Tenant shall, however, at its sole expense and cost, provide general public liability insurance, including bodily injury or death, damage to personal property and liquor liability insurance in the amount of $250,000.00. The Tenant shall annually provide certificates of such insurance to the Landlord.
11. Removal of Fixtures and Stock in Trade by Tenant: So far as the same are not inconsistent with the terms of this Lease, Tenant shall, at the expiration of this Lease or any extensions or renewals thereof, within a period of fifteen (15) days, unless a different period has been approved in writing, by Landlord, after its right to occupy the Leased Premises has terminated, have the right to remove all fixtures, trade or otherwise, which it has installed upon the Leased Premises during the term of this Lease or any extensions or renewals thereof. Excluded from this right are those fixtures which the Landlord, at the time of the installation thereof, has declared to be not subject to subsequent removal.
12. Conditions and Covenants: All of the covenants, agreements and conditions of this Lease shall be for the benefit of and be binding upon the Landlord and Tenant and their successors and assigns. Nothing contained herein shall be construed, directly or indirectly, as permitting the Tenant to assign or sublet the Leased Premises. This agreement shall be deemed a Massachusetts contract and is to be governed by the laws of the Commonwealth of Massachusetts.
13. Compliance with Laws, Quiet Enjoyment: Tenant acknowledges that Landlord has the right to promulgate rules and regulations for any activities in or about Leased Premises. Tenant agrees to comply with all of the said rules and regulations, and further agrees to comply with any other applicable laws, ordinances or regulations applicable to the use and occupancy of Leased Premises. Landlord agrees that, if the Tenant shall pay the rent and perform the agreements herein contained, then Tenant shall peacefully hold and enjoy the Leased Premises. The Landlord or its agents may, at reasonable times and upon reasonable verbal notice to Tenant, enter the Leased Premises to view them or to make repairs. The Landlord may enter the Leased Premises at any hour and without notice in the event of an emergency.
14. Notices: All notices, demands and requests to be given by either party shall be in writing and must be sent by registered or certified mail and shall be deemed properly sent when so mailed, postage prepared, to the other party at the address listed above or to such other address as either party shall designate by written notice to the other. A copy of all such notices shall be sent to the Board of Selectmen at the Shirley Town Offices.
15. Default: Landlord shall have the right to terminate this Lease upon forty-five (45) days notice to the Tenant upon the happening of any one of the following events of default:
(Landlord’s waiver of any event of default shall not be deemed a waiver of any subsequent event of default.)
a) Failure of the Tenant to perform any duties or obligations imposed upon Tenant under this Lease, after notice from Landlord and a reasonable opportunity to perform the same, such opportunity not to exceed thirty (30) days from the date of the notice from Landlord.
b) If the members or invited guests of the Tenant shall engage in unruly, disruptive or illegal behavior; if the Tenant fails to control its members or guests or permits excessive noise and disturbances after appropriate notice from the Landlord, which, for purposes of this paragraph may be written or oral.
16. Third-Party Rentals: Notwithstanding anything contained herein to the contrary, Landlord and Tenant both expressly recognize that Tenant can, at any time, and upon such terms and conditions as are proper and approved by Landlord, rent at any portion of the Leased Premises to a third party, except the bar and Commander’s office in the basement and the upstairs storage area, for events or functions of no more than twenty-four (24) hours duration, Landlord and Tenant agree that there is encompassed in this the right to rent the meeting room in the basement of the War Memorial Building to such third parties.
17. Miscellaneous: This Lease may not be amended, modified or terminated, nor may any obligation be waived, orally, and no amendment, modification, termination or waiver shall be effective for any purpose unless it is in writing and signed by the party against whom enforcement thereof is sought. This Lease supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the Leased Premises and contains all of the covenants, agreements and other obligations between the parties with respect to said premises.
18. Governing Law: This lease shall be governed by the law of the Commonwealth of Massachusetts.
19. Town Use of the Building. The American Legion, in support the town and its citizens, agrees to offer the use of the function hall where/when the town warrants it. The American Legion will make every attempt to ensure the hall is available for the requested time and date. The American Legion reserves the right to reject the use of the function hall should the date and time requested conflict with a regularly scheduled veteran's event or where the function hall been booked (with a paid deposit) by another party prior to the town requesting the use of the function hall. In the event of a scheduling conflict, the Shirley American Legion will make every effort to accommodate the town through possibly the rescheduling of events.
Liquor may be served at town sanctioned event, however, in order to serve liquor at a town sanctioned function, the town must provide to the Legion the following:
1. A copy of the Certificate of Insurance.
2. A copy of the liquor license for any such event(s).
3. A letter issued by the Town Selectmen's Office showing town support of the event and holding the Post harmless (over and above of the liability and liquor liability insurance).
The American Legion agrees to explore additional cost-cutting methods to achieve and realize any additional savings associated with town sanctioned functions held at the War Memorial Building.
IN WITNESS WHEREOF, the said parties have hereunto set their bands arid seals the day and year first above written.
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Francis L. Dempsey
Shirley Board of Selectmen
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David N. Swain, Chairman
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Leonardo M. Guercio
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Charles R. Shultz, Jr..