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Chincoteague Center Lease Agreement

 

THIS LEASE AGREEMENT made this_____ day of _____________, 20___ , by and between the CHINCOTEAGUE RECREATION AND CONVENTION CENTER

AUTHORITY, Lessor, and  _______________________, Lessee, whose address is____________________________________________________________

and phone number is:_________________________.  In consideration of the mutual covenants contained in this lease agreement, the parties agree as follows:

SECTION 1 - DESCRIPTION OF PREMISES

Lessor leases to Lessee and Lessee does hereby rent and take as Lessee the following designated space or area of the Chincoteague Center:  ______________________.

SECTION 2 - INGRESS AND EGRESS

Lessee shall have the right of entrance and exit through the halls and corridors of such building, but acquires no other right in any part of the building other than the part specified in the lease.

SECTION 3 - PURPOSE AND TERM

Said designated space or area is being rented for the express purpose of ___________________________ and Lessee shall restrict its use to such purpose, except with the express written consent of the Lessor indorsed hereon.  Lessee shall not permit or admit to the Center a larger number of persons than the capacity as provided on Attachment A attached to and incorporated herein.  The term hereof shall be from ___________ to ___________, between the hours of __________________ and ________________.

SECTION 4 – RENT

Lessee shall pay to The Chincoteague Center for the demised premises, in good funds, the sum of $_________________ in accordance to type of rental.
Center Partnership Lessees shall pay amounts and adhere to rules as specified on Attachment A. Lessee shall further pay to Lessor such additional amounts as may be agreed upon between Lessor and Lessee for equipment and personnel as specified on Attachment A. Lessee shall pay in advance one half (1/2) of the total rent and any additional cost for equipment and personnel at the execution of this lease, with the remaining balance to be due 30 days prior to the beginning of such event.  Any variation herefrom shall be in writing and signed by the parties.
Lessor shall have the right, in case of Lessee’s failure to pay any such required sums to deduct from box office receipts or other advance receipts belonging to Lessee, a sufficient amount to secure Lessor against any damage.

SECTION 5 - ADDITIONAL EQUIPMENT AND PERSONNEL

Lessee shall provide the additional equipment and personnel at the indicated sums as provided for on Attachment A.

SECTION 6 - SURRENDER OF PREMISES

Lessee shall quit and surrender the demised premises and all equipment contained on and in the demised premises to Lessor at the end of the term of this lease agreement in the same condition as the date of the commencement of this lease agreement, ordinary use and wear expected.

SECTION 7 - RULES AND REGULATIONS

Lessee shall abide by and conform to all rules and regulations from time to time adopted or prescribed by Lessor for the government and management of the facilities.

SECTION 8 – CATERING

Lessor does not provide or serve any food on the premises.  Lessee may provide for food service through a caterer or concessionaire, the name of which shall be provided to Lessor at the execution of this lease, unless otherwise agreed to by Lessor.  Lessor shall have the right to reasonably reject any such caterer or concessionaire who has failed in the past to comply with any rules of the Lessor as to the use of said kitchen facilities by the caterer or concessionaire. Lessor shall have the right to charge a fee for the costs of utilities and administration as set forth in Attachment A. It is expressly understood and agreed that Lessor shall have no responsibility or liability for the service of any food, and the service of any such food, including its wholesomeness or fitness for consumption, shall be the sole responsibility of the caterer/ concessionaire and/or the Lessee as applicable.

SECTION 9 – INDEMNIFICATION

Lessee agrees to indemnify, defend, and hold harmless the Lessor, and each of its members, agents, servants, employees, officers, and directors, from and against any and all actions, claims, liabilities, assertions of liability, losses, costs, and expenses, including but not limited to attorneys fees, reasonable investigation and discovery costs, and court costs, which in any manner may arise or be alleged to have arisen or resulted from the presence, activities, and promotions of any nature or otherwise of the Lessee, its agents, employees, servants, guests, invitees, or any other person admitted to the premises by the Lessee, on or adjacent to the demised premises and its use or occupancy of the demised premises, specifically including but not limited to any claims or claims for bodily injury or death of persons, and/or from loss of or damages to property, without limitation.

SECTION 10 - COMPLIANCE WITH LAW

Lessee shall comply with all laws of the United States, Commonwealth of Virginia, and the Town of Chincoteague.
No alcoholic beverages shall be possessed, used or sold on the demised premises except in compliance with law and any issued license by the Virginia Alcoholic Beverage Control Board.  The Lessor shall have no responsibility to secure any such license for the use of Lessee, and the securing of any such license shall be the sole responsibility of the Lessee.
Lessor, its members, agents, servants, employees, officers, and directors, shall not have, nor shall they assume or be deemed to have assumed expressly or by implication any responsibility as to the possession, use, or sale of any such alcoholic beverages by or to the Lessee, its agents, servants, employees, guests or invitees, and Lessee shall be solely responsible therefor.  Notwithstanding the above, Lessor expressly retains the authority to terminate the possession, use or sale of any alcoholic beverages in the Center at any time.

SECTION 11 - DEFACEMENT AND DAMAGES TO PREMISES

Lessee shall not injure, nor mar, nor in any manner deface the demised premises or any equipment contained in or on the demised premises, and shall not cause or permit anything to be done whereby the demised premises or equipment in or on the demised premises shall be in any manner injured, marred, or defaced.  Lessee will not drive or permit to be driven nails, hooks, tacks, or screws into any part of the building or equipment contained in the building and will not make or allow to be made any alterations of any kind to the building or equipment contained in the building.
If the demised premises, or any part of the building on the demised premises, or any equipment located on the demised premises during the term of this lease agreement shall be damaged by the act, default, or negligence of Lessee, or of Lessee’s agents, employees, servants, guests, invitees, or any person admitted to the demised premises by Lessee, Lessee will pay to Lessor upon demand such sum as shall be necessary to restore the demised premises or equipment contained in or on the demised premises to their present condition.
Lessee assumes full responsibility for the character, acts, and conduct of all persons admitted to the demised premises by the consent of Lessee or by or with consent of any person acting on behalf of Lessee.  Lessee agrees to have on hand at all times, at Lessee’s own expense, such police and fire force as determined necessary by the Lessor to maintain order and to protect persons and property.

SECTION 12 - LOSS OF EQUIPMENT

All equipment entrusted to the care of Lessee or on the demised premises during the term of this lease agreement which shall become lost, stolen, or disappear shall be the sole responsibility of Lessee.  Lessee shall be responsible to pay full replacement costs to Lessor.

SECTION 13 – ADVERTISEMENTS

Lessee will not post or exhibit or allow to be posted or exhibited signs, advertisements, show-bills, lithographs, posters, or cares of any description inside of in front or on any part of the building except upon the regular billboards provided by Lessor therefore, and will use, post, or exhibit only such signs, advertisements, show-bills, lithographs, posters, or cards upon the building as relate to the performance or exhibition to be given in the demised premises, and for such period of time as designated by Lessor.  Lessee shall take down and remove all signs, advertisements, show-bills, lithographs, posters, or cards of any description objected to by Lessor.

SECTION 14 - FIRE HAZARDS

Lessee shall not do or permit to be done anything in or on any part of the building, or bring or keep anything in the building, which will in any way increase conditions of any insurance policy upon the building or any part of the building, or in any way increase the rate of fire or public liability insurance upon the building or property kept therein, or in any way conflict with the regulations of the fire department or with any of the rules, regulations, or ordinances of the Town of Chincoteague or in any way obstruct or interfere with the rights of other tenants in the building or injure or annoy them.

SECTION 15 – ASSIGNMENT

Lessee shall not assign this lease agreement without the prior, written consent of Lessor nor suffer any use of the demised premises other than as specified in this lease agreement.

SECTION 16 - ATTORNEY FEES

Lessee agrees to pay 33 1/3 % attorney fees on any part of the rental or service charge required to be collected by Lessor by suit or by attorney after it is past due.

SECTION 17 - DAMAGE TO BUILDING

In case the building or any part of the building shall be destroyed or damaged by fire or any other cause, or if any other causality or unforeseen occurrence renders the fulfillment of this lease agreement by Lessor impossible, including but not limited to, requisitioning of the demised premises  by the United States government or any arm or instrumentality of the United States government, this lease agreement shall terminate and Lessee shall pay rental for the demised premises only up to the time of such termination, at the rate specified.  Lessor and Lessee both hereby waive any claims for damages or compensation except to the specified extent should this lease agreement be so terminated.

SECTION 18 - RELEASE OF LESSOR

Lessor shall not be responsible for any damage or injury that may happen to Lessee or Lessees’ agents, servants, employees, guests, or invitees, or property from any cause whatsoever, prior, during, or subsequent to the period covered by this lease agreement except for such acts or omissions as may not be released as a matter of public policy.  Lessee hereby expressly releases Lessor from and agrees to indemnify Lessor against any and all claims for such loss, damage, or injury.

SECTION 19 - RENT REFUND

If Lessee, being entitled to possession under this lease agreement, fails for some reason to take possession of or to use the demised premises, no rent refund shall be made and the full called for by this lease agreement, including any disbursements or expenses incurred by Lessor in connection therewith, shall be payable by Lessee to Lessor, as liquidated damages, and not by way of penalty. Any deviation heretofore shall be in writing and executed by the Lessor and Lessee.

SECTION 20 - DEFAULT IN RENT PAYMENT

Lessee covenants that if any default is made in payment of rent or any part of the rent at the times specified above, or if any default is made in any covenant or condition contained in this lease agreement, then this lease agreement and the relation of Lessor and Lessee, at the option of Lessor, shall cease and terminate and the relation of the parties shall be the same in all aspects as if the term had fully expired.  Under such circumstances, Lessor may reenter the demised premises and hold them as of its former estate, remove all persons from the demised premises, and resort to any legal proceedings to obtain possession.  Lessee shall, in spite of such reentry, pay the full amount of rental as agreed to be paid in this lease agreement.

SECTION 21 - OTHER TERMS

The provisions of the brochure entitled Chincoteague Center General Policy & Information are incorporated herein.  Lessee acknowledges the receipt of a copy hereof and Lessee shall fully comply therewith. In the event of any conflict between the provisions thereof and this lease agreement, the lease agreement shall supersede the provisions of the brochure.

SECTION 22 - BINDING EFFECT

This lease agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties.

SECTION 23 - GOVERNING LAW

It is agreed that this lease agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Virginia.

SECTION 24 - ENTIRE AGREEMENT

This lease agreement shall constitute the entire agreement between the parties.  Any prior understanding or representation of any kind preceding the date of this lease agreement shall not be binding upon either party except to the extent incorporated in this lease agreement.

SECTION 25 - MODIFICATION OF AGREEMENT

Any modification of this lease agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party.

WITNESS the following signatures:

Lessor: The Chincoteague Recreation and Convention Center Authority
dba The Chincoteague Center

By:         ________________________________________
The Chincoteague Center

Lessee:  ________________________________________