PARTIES
Agreement for rental of the Tulare Memorial District, 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 (Insert name), hereinafter referred to as "Lessee".
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.
LEASE TERM AND PAYMENTS
The lease shall be for a term of 1 days, and shall commence,
("Commencement Date"), at ), and expiring promptly on, at . Lessee
agrees to pay the rental sum of $900.00, and damage/cleaning deposit of
$400.00. 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 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 (10) days of the completion date of all terms.
LESSEE’S RESPONSIBILITIES
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 Mr. 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 sales of alcoholic
beverages must cease at 9:00 p.m. or prior to the start of dancing, whichever
occurs sooner. After that time, all alcoholic beverages must be purchased in
the Bar Room. All alcohol sales, entertainment and music shall be terminated
at least thirty (30)
minutes prior to the stated rental termination time.
CLEAN UP
It shall be the sole responsibility of the Lessee to leave the building and
grounds in a neat and clean condition. 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. Al 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
have been satisfied.
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.
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 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.
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.
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.
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.
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.
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:
Premises Liability;
Personal Injury Liability:
Property Damage Liability; and
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 DELIVER TO 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 PROVIDE 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.
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.
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.
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.
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.
