KALISEUM LEASE AGREEMENT
*CHOOSE WHICH AREAS YOU WISH TO RENT
Conference Room Multi-Purpose Room Pool
PAYMENT AND CANCELLATION POLICY:
- A $20 non-refundable deposit is required at the time the reservation is made. If the rental fee is more than $150 then the non-refundable deposit is 15% of the total cost of the rental.
- Final payment is due 14 days prior to the date of the event. The room may be re-rented if the balance is not paid 14 days in advance.
- Payment in full is required when reservations are made within 14 days of the event.
- A separate $100 security deposit is due at the time of application.
KALISEUM LEASE AGREEMENT
(Use When Leasing to Nonprofit/Charitable Groups)
THIS LEASE, is made and entered into on , by and between the COUNTY OF KALKASKA, a municipal corporation and political subdivision of the State of Michigan (hereinafter referred to as the "LESSOR"), and * (organization name), whose address is * (hereinafter referred to as the "LESSEE").
W I T N E S S E T H:
WHEREAS, the LESSEE requires space and/or facilities to conduct an event; and
WHEREAS, the LESSOR has such space and/or facilities available at the KALISEUM RECREATION COMPLEX located at 1900 Fairground Rd., Kalkaska, MI 49646 (hereinafter referred to as the "KALISEUM"); and
WHEREAS, the LESSOR is willing to lease the space and/or facilities at the KALISEUM sought by the LESSEE for its event subject to the terms and conditions of this Lease and the Exhibits attached hereto.
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, IT IS HEREBY AGREED as follows:
*1. Area Leased and Rental Information. The space and/or facilities at the KALISEUM being leased to the LESSEE under this Lease includes the following:
(Check Facilities Being Leased)
Other (Describe other space)
(hereinafter collectively referred to as the “leased premises”).
The LESSEE’S representative, as a pre-condition to entry into this Lease, shall fill out, date and sign a KALISEUM RENTAL INFORMATION SHEET, which if accepted and approved by the LESSOR shall be attached to this Lease, labeled Attachment A. The information to be provided in the Attachment A shall include, but not be limited to the space/facilities to be covered by this Lease, a description of LESSEE’S event, the dates and time of LESSEE’S event, and LESSEE’S contact information. The Attachment A and all information contained therein is incorporated by reference into this Lease and made a part thereof. Any change in the LESSEE’S contact information must be submitted to the LESSOR in writing not less than five (5) business days prior to the commencement date of the LESSEE’S event.
2. Rent. Subject to LESSOR’S PAYMENT AND CANCELLATION POLICY set forth in Attachment A, the LESSEE shall pay LESSOR, as rental for the leased premises the sum of * DOLLARS (*$ ). The LESSEE shall pay said sum in full by no later than fourteen (14) calendar days prior to the date of LESSEE’S event in the leased premises. Checks should be made payable to the Kalkaska County Treasurer and mailed to Kaliseum Recreation Complex, 1900 Fairground Rd., Kalkaska, MI 49646-0310. The LESSOR may terminate this Lease and release the space/facilities covered by this Lease to another party if LESSEE fails to pay the above rental within the required time period. Under no circumstances shall LESSEE be permitted access to and/or use of the leased premises until all sums due the LESSOR, including rental and security deposit, has been paid to the LESSOR.
As stated in the Attachment A LESSEE shall pay the LESSOR a TWENTY DOLLARS ($20.00) non-refundable deposit at the time it submits its KALISEUM RENTAL INFORMATION SHEET to the LESSOR. If the rental for the space/facilities being requested will be more than ONE HUNDRED FIFTYDOLLARS ($150.00) the non-refundable deposit shall be fifteen percent (15%) of the total rental amount. The non-refundable deposit shall be treated as partial payment for the rental required by this Lease, but shall not be refunded if this Lease is terminated prematurely for any reason.
3. Security Deposit. The LESSEE upon signing this Lease shall make a security deposit in the amount of ONE HUNDRED DOLLARS ($100.00). The LESSOR shall not be obligated to keep the security deposit in a separate fund, but may mix it with LESSOR'S own funds. No interest shall accrue on the security deposit.
The security deposit may be used by the LESSOR for paying for repairing actual damage to the leased premises caused by the LESSEE, its employees, agents, sublessees, guests, invitees or licensees. The security deposit may also be used by LESSOR to pay clean-up costs it incurs due to LESSEE'S failure to perform its responsibilities as set forth in Section 5 of this Lease and for rent which is in arrearage.
It is expressly understood and agreed by the LESSOR and the LESSEE that the LESSOR'S acceptance of a security deposit and its retention for costs authorized in this section shall not constitute a waiver by the LESSOR of any of its rights and or remedies in law or in equity to recover for any additional costs which were not covered by the security deposit.
In the event none or only a part of the security deposit needs to be retained by the LESSOR for any of the reasons authorized by this section the LESSOR shall return all or that part not required for such costs within thirty (30) days after termination of this Lease. Refunds of the security deposit shall be made to the contact person named in Attachment A or such other person as the LESSEE may direct in writing.
4. Lease Period and Termination. This Lease shall commence at (start time) on , and shall terminate (end time) on . No holdover beyond the abovementioned time and date shall be permitted without a written amendment to this Lease signed by the authorized representatives of both the LESSOR and LESSEE.
Notwithstanding any other provision in this Lease to the contrary, either the LESSOR or the LESSEE may terminate this Lease upon not less than thirty (30) days' written notice to the other party, prior to the commencement date of the LESSEE'S event. In the event this Lease is terminated by the LESSOR, the LESSOR shall refund to the LESSEE all rent and security deposit paid. If this Lease is terminated by the LESSEE more than thirty (30) days prior to the commencement date of the Lease, the LESSOR shall refund to the LESSEE all rent and security deposit paid pursuant to Section 2 with the exception of the non-refundable deposit. If LESSEE terminates this Lease thirty (30) days or less before the commencement date of the LESSEE’S event LESSOR shall not refund any of the rent or security deposit paid.
5. Clean-up of Leased Premises. The LESSEE shall clean-up the leased premises prior to the termination of this Lease. Clean-up shall include, collection into sealed bags of all garbage and trash generated by the LESSEE’S event and depositing it into dumpsters provided by the LESSOR at the KALISEUM.
Decorations must be composed of fire retardant materials and attached to leased premises in such a way as to leave no holes, marks or scars on the leased premises. LESSEE SHALL NOT DO OR PERMIT ANY PAINTING ON WALLS, CEILINGS, FLOORS OR DOORS OF THE LEASED PREMISES. All decorations must be removed, including materials used to attach them, prior to the termination of this Lease. See the LESSOR’S rules governing leasing of space/facilities at the KALISEUM set forth in Attachment B for further details and requirements on the use and clean-up of the leased premises. Attachment B is incorporated by reference into this Lease and made a part thereof.
IT IS UNDERSTOOD AND AGREED BY THE LESSEE THAT THE LESSEE SHALL LEAVE THE LEASED PREMISES IN THE SAME CONDITION AS LESSEE FOUND IT AT THE COMMENCEMENT OF THIS LEASE.
In the event the LESSEE fails to clean-up the leased premises and return them in same condition as LESSEE found them as required by this section, the LESSOR may do such clean-up and/or repairs as is required, the cost thereof shall be deducted from LESSEE’S security deposit. If the clean-up and/or repair costs exceeds LESSEE’S security deposit the LESSOR may bill the LESSEE for the excess costs, which LESSEE shall pay the LESSOR within thirty (30) days of receipt of the LESSOR’S bill. Any amount not paid within the required time shall bear interest at one and a half percent (1.5%) per month until the sum due has been paid in full. If legal action is required to recover the sum due LESSOR, the LESSEE shall pay all LESSOR’S costs including but not limited to court costs and attorney fees.
6. Structures, Equipment, Fixtures or Appliances within the Leased Premises. It is expressly understood and agreed that all structures, equipment, fixtures or appliances and the like, belonging to and installed by the LESSOR within the leased premises prior to or during the period of this Lease are to remain the property of the LESSOR. The LESSEE, to the extent authorized under this Lease, shall have the use of certain structures, equipment, fixtures or appliances owned by the LESSOR and on the leased premises.
It is further understood and agreed that the LESSEE shall not install any structure, equipment, fixtures or appliances in the leased premises prior to or during the period of this Lease, without the express prior written consent of the LESSOR.
7. Right of LESSOR to Enter Leased Premises. The representatives of the LESSOR shall have the right to enter upon the leased premises or any part thereof at any time without notice and without paying any admittance charge for the purpose of examining the same or making such repairs or alterations as may be deemed necessary for the safety and preservation thereof, and for observing the LESSEE'S event to ensure the LESSEE'S compliance with the terms and conditions of this Lease.
8. Prohibiting Waste. The LESSEE shall not permit abusive or destructive use of the KALISEUM, or the leased premises, equipment, fixtures or appliances of the LESSOR, and at the termination of this Lease, LESSEE shall cause the same to be returned to the LESSOR in as good condition as when received, reasonable use and wear thereof and damage by the elements excepted. If any part of the KALISEUM, leased premises or the LESSOR'S property in the leased premises is damaged, destroyed, or lost during the LESSEE’S event and is attributable to the acts, omissions or negligence of the LESSEE or anyone attending or involved in LESSEE’S event, the LESSEE shall reimburse the LESSOR the cost of repairing or replacing such damage, destruction, or loss.
9. Compliance with the Law and Policies, Rules and Regulations, Liquor Licenses; and Animals in Leased Premises. It is understood and agreed by and between the parties hereto that the leased premises shall be utilized by the LESSEE solely for the event authorized by this Lease. The LESSEE shall conduct its event and its use of the leased premises in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. The LESSEE shall also conduct its event and its use of the leased premises in compliance with the LESSOR’S rules for use of KALISEUM facilities set forth in Attachment B, and other applicable policies, rules and regulations of the LESSOR. In the event the LESSEE fails to comply with this section, the LESSOR may, at its option, terminate this Lease effective immediately upon delivery of notice to the LESSEE and reenter and repossess the leased premises and recover all rents due and owing as of the effective date of termination.
In the event alcoholic beverages are to be served at the event, the LESSEE shall comply with the laws and regulations of the State of Michigan requiring the obtaining of a Liquor License from the Michigan Liquor Control Commission.
A person with disabilities being led or accompanied by a guide, hearing, or service dog may enter and/or use the leased premises if the guide or leader dog is wearing a harness or if the hearing or service dog is wearing a blaze orange leash and collar, hearing dog cape, or service dog backpack and the disabled person has in his or her possession a picture identification card certifying that the dog was trained by a qualified organization or trainer (MCL 750.502c and MCL 752.61 et seq). The LESSEE shall not allow dogs not meeting the above-stated requirements or other animals into the leased premises.
10. Applicable Law and Venue. This Lease shall be subject to and construed according to the laws of the State of Michigan. The LESSOR and LESSEE agree that the venue for the bringing of any legal or equitable action under this Lease shall be established in accordance with the statutes and Court Rules of the State of Michigan. In the event an action is brought in or moved to a Federal Court the venue for such action shall be the Federal Judicial District of Michigan, Western District, Southern Division.
11. Nondiscrimination. The LESSEE, as required by law, shall not discriminate against a person to be served or an employee or applicant for employment because of race, color, religion, national origin, age, sex, disability, height, weight, marital status, political affiliation or beliefs.
The LESSEE shall adhere to all applicable Federal, State and local laws, ordinances, rules and regulations prohibiting discrimination, including but not limited to the following:
A. The Elliott Larsen Civil Rights Act, 1976 PA 453, as amended.
B. The Persons With Disabilities Civil Rights Act, 1976 PA 220, as amended.
C. Section 504 of the Federal Rehabilitation Act of 1973, P.L. 93.112, 87 Stat. 355, as amended and regulations promulgated thereunder.
D. The Americans with Disabilities Act of 1990, P.L. 101-336 104 Stat 327 (42 USC §12101 et seq), as amended, and regulations promulgated thereunder.
Breach of this section shall be regarded as a material breach of this Lease. In the event the LESSEE is found not to be in compliance with this section, the LESSOR may terminate this Lease effective as of the date of delivery of written notification to the LESSEE.
12. Indemnification and Hold Harmless.
A. The LESSEE accepts the leased premises AS IS and agrees to accept full responsibility for the operation of its event in the leased premises and for all claims, damages, losses, costs and expenses, including but not limited to court costs and attorney fees which arise therefrom.
B. The LESSEE agrees at its own expense, to protect, defend, indemnify, save and hold harmless the LESSOR, and LESSOR’S elected and appointed officers, employees, volunteers and agents from all claims, damages, lawsuits, costs and expenses, including but not limited to, all costs from administrative proceedings, court costs and attorney fees which arise out of acts, omissions or negligence of the LESSEE, its employees, agents, sublessees, guests, invitees or licensees. In the event any such claims are made or a suit filed, the LESSOR shall give LESSEE written notice thereof.
C. It is expressly understood and agreed by the LESSEE that the LESSEE'S responsibility for protecting, defending, indemnifying, saving and holding harmless the LESSOR, and LESSOR’S elected and appointed officers, employees, volunteers and agents under this Lease shall not be limited to the amount of insurance coverage obtained by the LESSEE, pursuant to the requirements set forth in Section 13 of this Lease.
13. Insurance. The LESSEE shall obtain and/or maintain the following types and amounts of insurance coverages which cover claims arising out of or resulting from the event operated by the LESSEE and/or the LESSEE'S utilization of the leased premises under this Lease by the LESSEE'S officers, employees, servants, agents, sublessees, guests, invitees, and licensees. All insurance coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan, who are acceptable to the LESSOR, and who have a A.M. Best Company’s (www.ambest.com) Insurance Reports rating of A or A- (Excellent).
A. Workers' Compensation Insurance and Employer's Liability coverage, as required by law.
B. General Liability Insurance (occurrence basis only) with the following coverage inclusions:
(1) Broad Form General Liability endorsement or equivalent, if not in policy proper;
(2) Independent Contractor Coverage;
(3) Contractual Liability; and
(4) Products and Completed Operations.
C. If valet parking is to be conducted during the LESSEE’S event, garage liability and garage keepers liability coverage shall also be required.
D. Limits of liability for the General Liability Insurance shall be not less than $1,000,000.00 per occurrence and/or aggregate for personal injury, bodily injury and property damage.
E. In the event the LESSEE will serve alcoholic beverages at the leased premises which is subject to the Michigan Dram Shop Act, the LESSEE shall obtain liquor liability insurance coverage separate from its general liability insurance coverage of not less than FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) per occurrence and aggregate. If the event will have more than 50 participants/guests LESSOR may require a higher minimum limit on the liquor liability insurance coverage.
F. The LESSEE shall be responsible for paying all deductibles required by its insurance coverages.
G. KALKASKA COUNTY and its elected and appointed officers, employees and agents shall be added as an Additional Insured on the insurance policies providing the liability coverages required by items B, C and E of this section. Such insurance shall be considered to be primary coverage to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds whether said other available coverage be primary, contributing or excess.
H. The LESSEE shall submit to the LESSOR certificates of insurance showing the acquisition of the insurance coverages required by this Section 13 either at the time of signing this Lease or within not less than thirty (30) days prior to the commencement of the LESSEE'S event on the leased premises. All certificates of insurance shall require the insurer to notify the LESSOR in writing not less than thirty (30) days prior to any change, reduction or termination of said insurance coverage. Upon receipt of such notice, the LESSOR may terminate this Lease, effective immediately upon delivery of written notice to the LESSEE.
I. The LESSEE may maintain such other insurances as it deems appropriate for its own protection.
To the extent permitted by law, the LESSEE hereby releases the LESSOR, its elected and appointed officials, employees and volunteers and others working on behalf of the LESSOR, from any and all liability or responsibility to the LESSEE or anyone claiming through or under the LESSEE by way of subrogation or otherwise, for any loss or damage to property caused by fire or any other casualty, even if such fire or other casualty shall have been caused by fault or negligence of LESSOR, its elected or appointed officials, employees or volunteers or others working on behalf of the LESSOR. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the LESSEE’S occupancy or use of the leased premises, and LESSEE’S policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of the LESSEE to recover thereunder. The LESSEE agrees that its insurance policies will include such a clause or endorsement.
LESSEE’S EVENT SHALL BE CONSIDERED TO HAVE BEEN CANCELED AND THIS LEASE TERMINATED, AND LESSEE TO HAVE FORFEITED ITS DEPOSIT IF LESSEE FAILS TO PROVIDE THE LESSOR WITH DOCUMENTATION OF ITS POSSESSION OF INSURANCE COVERAGE AS REQUIRED BY THIS SECTION.
14. Total or Partial Destruction of the Leased Premises. In the event of the total or partial destruction of the leased premises by fire or otherwise, prior to the commencement date for LESSEE’S event, this Lease shall terminate, and the LESSEE shall be refunded any payments made to the LESSOR.
15. Waiver. No failure or delay on the part of either of the parties to this Lease in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege.
16. Amendments. Modifications, amendments or waivers of any provision of this Lease shall be made only by written mutual consent of the parties hereto.
17. Lease Assignments and Subleases. The LESSEE may not assign or sublease this Lease without the prior written consent of LESSOR.
18. Purpose of Section Titles. The titles of the sections set forth in this Lease are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Lease.
19. Complete Agreement. This Lease and any additional or supplementary documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto. No other agreements, oral or otherwise, including, but not limited to, prior leases, regarding the subject matter of this Lease or any part thereof shall have any validity or bind any of the parties hereto.
20. Invalid Provisions. If any provision of this Lease is held to be invalid it shall be considered to be deleted and the remainder of this Lease shall not be affected thereby. Where the deletion of the invalid provision would result in the illegality and/or unenforceability of this Lease, this Lease shall be considered to have terminated as of the date in which the provision was declared invalid.
21. Non-Beneficiary Contract. This Lease is not intended to be a third party beneficiary contract and confers no rights on anyone other than the parties hereto.
22. Certification of Authority to Sign Lease. The people signing this Lease on behalf of the parties hereto certify by their signatures that they are duly authorized to sign on behalf of the party which they represent and that this Lease has been authorized by said party.
LESSOR: COUNTY OF KALKASKA
By (Signature): ________________________________________________________
LESSEE: * (Organization Name)
KALISEUM LEASING RULES
The person signing as Lessee (i.e., renter) or as Lessee’s authorized representative below agrees to and shall ensure compliance with the following Kaliseum Leasing Rules:
1. Lessee must be not less than eighteen (18) years of age to rent space/facilities in the Kaliseum and agree to sign and be able to comply with the terms of a Kaliseum Lease Agreement. An adult twenty-one (21) years of age or older must be present at the rental space during the entire time of the event covered by the Lease Agreement.
2. The Kaliseum is a smoke free facility. The use of tobacco products in the facility is prohibited.
3. Food and drink products at the Lessee’s event shall be restricted to and must remain solely in the rental area.
4. Lessees are responsible for the proper clean-up of the room/facilities they have rented.
5. Improper clean-up and/or damages to the facility will result in the loss of the security deposit.
6. Set-up and clean-up time MUST be included as part of the time needed in the Lease Agreement.
7. Flammable items such as lighter, matches, candles, etc. are prohibited unless permission is granted by Kaliseum management.
8. Decorations must be put up in a manner which does not damage the facility. Do not use push pins or tacks leaving holes in the walls. Check tape before using to ensure it does not damage the paint. All decorations, tape, etc. must be removed.
9. Excessive horseplay and running in the building is not allowed. Children 12 & under must be under adult supervision.
10. The use of foul language and improper behavior will not be tolerated in the facility and may lead to individual and/or group expulsion.
11. Exit corridors, hallways, and exits MUST be free of obstructions at all times. Maximum capacity numbers in each room and for the whole facility MUST be observed.
12. Advertising of any kind shall not be displayed anywhere in the Kaliseum unless approved in writing by the Kaliseum Director. None of the displayed Kaliseum Ads shall be obstructed from view for any reason.
13. The County of Kalkaska, The Kaliseum Recreation Complex and its staff are not responsible for accidents, injuries, or lost or stolen items and will be held harmless for any such accidents, injuries and loss or damage to personal property.
- Lessee shall be responsible for providing security for the event.
- Lessee must provide Kaliseum with evidence of having complied with the insurance requirements in the Lease Agreement prior to the event.
- All food concession sales will be property of Kaliseum.
- Any emergency medical personnel will be provided by the Lessee.
- If tickets are sold for the event they shall be collected, counted, and dispersed on night of event by representative of Lessee and Kaliseum with the Kaliseum receiving $1.00 per ticket sold.