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TULARE MEMORIAL AUDITORIUM

RENTAL AGREEMENT

  1. PARTIES

    Agreement for rental of the Tulare Memorial Auditorium, hereinafter described as "Leased Premises" and commonly known as 1771 E. Tulare Avenue in Tulare, California, is herein entered into on the date hereinafter set forth between Tulare Memorial District, hereinafter referred to as the "Lessor", and _______________________________________hereinafter referred to as "Lessee".

  2. PRELIMINARY STATEMENT

Whereas Lessor and Lessee have entered an agreement to lease the Lease Premises, Lessor and Lessee agree that said lease shall be governed by and subject to the terms and conditions as set forth herein and at the charges as herein determined. This Agreement sets forth the entire terms and conditions under which rental of the Leases Premises shall be provided, and said rental shall be governed solely by the terms and conditions of this Agreement, notwithstanding any terms or conditions, oral or written, contained in any prior or subsequent agreement between Lessor and Lessee. This Agreement may only be modified or amended in writing signed by both parties. Both parties acknowledge that the headings used herein are for reference only and that the terms of this Agreement are set out in the text under such headings.

  1. LEASE TERM AND PAYMENTS

    The lease shall be for a term of _____ days, and shall commence on _______________, at ____________ and expiring promptly on _______________, at _______________. Lessee agrees to pay the rental sum of $____________, and damage/cleaning deposit of $___________. The deposit shall be paid by Lessee to Lessor at the time of execution of this agreement. If this agreement is not signed and returned with the accompanying deposit to the Lessor, this agreement will be considered null and void and the reservation will be removed from Lessor’s scheduling books. Full payment of the rental fee must be made 30 days prior to the Commencement Date. The deposit is non-refundable as damages to Lessor where: the Agreement is canceled by Lessee; the items set forth in section 4B of the Agreement are not completed; or until damages and all of the terms therein, Lessor shall return the full deposit to Lessee within ten (30) days of the completion date of all terms.

     

  2. LESSEE’S RESPONSIBILITIES

    1. ALCOHOL

      No alcoholic beverages of any kind, including Beer, Wine and Champagne shall be brought into the Leased Premises by the Lessee without the express written consent of the Lessor. It shall be the responsibility of the Lessee to insure that neither they nor their guests attending the event bring alcoholic beverages into the event and to ensure that all persons consuming alcohol are over 21 years of age. All alcoholic beverages, if desired by Lessee, must be purchased through the Tulare Veterans Association. Arrangements for the purchase of alcoholic beverages shall be made with Manuel Avila, Manager of the Veterans Association, Phone Number (559) 686-3258 and shall be made at least six weeks in advance of the Commencement Date. All alcohol sales, entertainment and music shall be terminated at least thirty (30) minutes prior to the stated rental termination time.

       

       

       

    2. CLEAN UP

      It shall be the sole responsibility of the Lessee to leave the building and grounds in a neat and clean condition, including bathrooms. During the event, refuse must be placed in the containers provided and not left scattered about, either inside or outside the building. All spills and glass breakage shall be promptly cleaned. Immediately following the event, all tables shall be cleaned of decoration, trash, arrangement, dishes, glassware, etc. All refuse containers shall be emptied into the dumpster located behind the leased premises. All floors shall be cleaned, swept and mopped. The kitchen shall be cleaned as soon as possible following dinner. Pots, pans and equipment that belong to the Lessor shall not be taken from the Leased Premises. All guests and hired help, including band or Disc Jockey shall vacate the premises as soon as possible. Lessor’s deposit shall be retained until such time as compliance with the terms of this section has been satisfied.

    3. DAMAGE/THEFT

      Repair and replacement costs for damage or theft to buildings, equipment or grounds are the sole responsibility of the Lessee. Lessee’s deposit shall be retained by Lessor until such time as all damages are cured or restitution made to the satisfaction of the Lessor. At Lessor’s option, damages may be deducted from Lessee’s deposit. Any damages incurred beyond the amount of the deposit will be separately invoiced to you and payable within thirty (30) days.

    4. SECURITY

      For all events, including activity involving Live Music, Disk Jockey Music, Dancing and/or consumption of Alcoholic Beverages, Lessee agrees for the safety and protection of the Lessee, its guests, the public, Lessor and its property, to employ ______ security officers at ________ per man, per hour (subject to change), which shall be furnished by a licensed private security service approved by Lessor and paid by Lessee directly to said security service. It is understood that said security service is an independent contractor and not the agents or employees of Lessor.

    5. PERMITS

      It is the responsibility of the Lessee to comply with all laws, statutes and regulations of the United States, the state of California, County of Tulare, and City of Tulare, or agencies therein with respect to obtaining and paying all applicable licenses, taxes and permits, for safety, alcohol consumption, dancing, music or other that may arise in connection with said occupancy or use of the Lessor’s facilities.

    6. LESSOR’S ACCESS TO LEASED PREMISES

Lessee expressly agrees to grant Lessor, its managers, officers, directors or agent access to the premises at all times for purposes of inspection and/or supervision of Lessee’s activities on the Leased Premises. Any violation of this term shall be sufficient grounds for immediate cancellation of the rental agreement.

  1. LIMITATION OF LIABILITY

    LESSEE IS AWARE OF THE INHERENT RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE THAT MAY RESULT FROM, AMONG OTHER CAUSES, THE ACTIVE OR PASSIVE NEGLIGENCE OF LESSOR, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS IN RENTING THE LEASED PREMISES. LESSEE IS FURTHER AWARE OF THE RISKS ASSOCIATED WITH ITS OCCUPANCY AND USE OF THE LEASED PREMISES, INCLUDING WITHOUT LIMITATION RISKS ASSOCIATED WITH ALCOHOL CONSUMPTION, LIVE MUSIC AND/OR DANCING AND ASSUMES ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE THAT MAY RESULT FROM ANY USE OR OCCUPANCY OF THE LEASED PREMISES. LESSEE AGREES THAT LESSOR SHALL NOT BE LIABLE TO LESSEE, AND LESSEE WAIVES ALL CLAIMS AGAINST LESSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR ANY DAMAGES OR INJURIES TO LESSEE, TO LESSEE’S PROPERTY, OR TO ANY OTHER PERSON OR PROPERTY ARISING FROM ANY CAUSE, EXCEPT THAT LESSOR SHALL BE LIABLE TO LESSEE FOR DAMAGE TO LESSEE ARISING FROM LESSOR’S SOLE NEGLIGENCE OR WILLFUL MISCONDUCT. LESSEE ACKNOWLEDGES THAT IT HAS CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND UNDERSTANDS THAT THIS AGREEMENT INCLUDES AN ASSUMPTION OF THE RISK OF THE ACTIVE AND/OR PASSIVE NEGLIGENCE BY THE LESSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AND A RELEASE OF THEIR LIABILITY.

  2. INDEMNITY

    LESSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LESSOR, ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES ACTUALLY INCURRED) ON ACCOUNT OF DEATH OR INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY ARISING FROM OR IN CONNECTION WITH THE LEASED PROPERTY, EXCEPT TO THE EXTENT CAUSED BY LESSOR’S SOLE NEGLIGENCE OR WILLFUL ACTS. THIS INDEMNITY SHALL APPLY WITHOUT REGARD TO WHETHER THE CLAIM, DAMAGE, LIABILITY OR EXPENSE IS BASED ON BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, PREMISES LIABILITY OR OTHER TORT.

     

     

     

  3. INSURANCE

Lessee shall, at his expense, procure and maintain insurance coverage for the term of this agreement, as follows:

Special Event insurance coverage by an insurer licensed by the State of California and rated AAA or better by Best’s Insurance Guide, insuring Lessee against all loss or liability caused by or connected with Lessee’s occupancy and usage of the Leased Premises in an amount not less than a combined single limit for bodily injury and property damage of $1,000,000 per occurrence: $1,000,000 aggregate, and including coverage for:

    1. Premises Liability;
    2. Personal Injury Liability:
    3. Property Damage Liability; and
    4. Music, Dancing, Alcohol consumption and security officers (Not required where Lessee’s occupancy and usage of the Leased Premises does not include Music, Dancing, Alcohol or security officers).

LESSEE SHALL OBTAIN FROM LESSOR A CERTIFICATE OF INSURANCE EVIDENCING THE INSURANCE COVERAGE DESCRIBED ABOVE WITHIN THIRTY (30) DAYS OF COMMENCING ACTIVITIES UNDER THIS AGREEMENT. LESSEE’S FAILURE TO PURCHASE THE INSURANCE REQUIRED BY THIS AGREEMENT MAY RESULT IN CANCELLATION OF THIS AGREEMENT. All insurance policies required by this Agreement shall contain the following clause: "Any insurance maintained by TULARE MEMORIAL DISTRICT shall apply in excess of and non-contributing with any insurance provided by this policy". Each insurance policy required by this Agreement shall contain the following endorsement: "TULARE MEMORIAL DISTRICT, its officers, agents, representatives, employees and volunteer are added as additional insured with respect to all activities, events and usage by the named insured at the premises located at 1771 E. Tulare Ave., Tulare, CA". The insurance certificate shall provide that there shall be no cancellation or reduction in coverage of the policy without thirty (30) days prior written notice to Lessor and shall cover and state all dates Lessee is to be on the premises. The insurance requirement under this Agreement shall not be waived, altered, or canceled without the prior written authorization of the Lessor. Failure of Lessor to enforce in a timely manner any of the provisions of this Section shall not act as a waiver to enforcement of any of these provisions at a later date in the performance of the Agreement.

  1. ASSIGNMENTS

    Neither party shall assign this agreement without the written consent of the other party. If either party attempts to make any assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under this agreement.

  2. CANCELLATION – UNAVOIDABLE DELAYS

    Any violations of the terms stated in this agreement shall be sufficient grounds for cancellation of this agreement by Lessor. Violations of terms and conditions pertaining to inspections by Lessor, alcohol usage, or damages to property by Lessee or its guests may result in immediate cancellation of this agreement and subject Lessee to forfeiture of any residual time remaining on the lease or credits for time remaining thereof. Cancellation of the Agreement must be made by written notice and is not effective until and unless received by an authorized agent of the Lessor. Any deposit of Lessee may be retained by Lessor in the event of cancellation and will not limit the rights of Lessor in seeking other legal relief including the recovery of damages. Where the full rental fee is paid in advance and proper notice of cancellation is given to Lessor at least (4) months prior to the Commencement Date, Lessor shall reimburse Lessee for the full rental fee only.

    In the event any act required by this agreement to be performed by either Lessor or Lessee be prevented or delayed due to strikes, lock-outs, fire, accidents, flood, interference cause by other parties, civil or military authority, insurrection, riot, acts of god, or by any other unforeseeable cause not the fault of the party delayed or prevented from performing acts required under this agreement, said performance of such act shall be excused for the period of the delay. Lessor shall in no event be liable to Lessee or any other person for incidental or consequential damages which may arise as a result of the performance, or failure to perform, of any obligation under this agreement.

  3. ATTORNEY FEES

    In the event of any dispute of litigation with respect to this contract, the prevailing party shall be entitled to recover its reasonable attorney costs thereof, including attorneys’ fee, in addition to any other relief to which it maybe entitled.

     

  4. EXECUTION

I hereby represent and warrant that I have read the foregoing rental agreement of Tulare Memorial District and all of the terms and conditions listed therein, and that I understand and assent to all said terms and conditions, and represent and warrant that I am signing in my authorized capacity on behalf of the Lessee.

 

 

Signature of Lessee: ______________________________________ Date: _____________________________

 

 

Signature of Lessor: ______________________________________ Date: _____________________________

Tulare Veterans Memorial District