Cedar Falls Municipal Band
Mailing address: P.O. Box 144
211 Washington Street
Cedar Falls, Iowa 50613
Tel. (319) 266-1253
- BAND HALL RENTAL AGREEMENT -
THIS RENTAL AGREEMENT, executed in duplicate, is made and entered into on (date)_____________________, by and between Cedar Falls Municipal Band, Inc. (“Lessor”), whose address for the purpose of this lease is P.O. Box 144, 211 Washington Street, Cedar Falls, Iowa 50613, and __________________________________________(“Lessee”), whose address is ____________________________________________________________________________
1. Premises, Term, and Rental. (event)____________________________________________________________ (date/time)_____________________________________________________________________________________ (total rental cost) $______________ (security deposit) $_____________ (payable to “Cedar Falls Municipal Band”)
2. Indemnity. Except as to any negligence of the Lessor, arising out of roof and structural parts of the building, Lessee will protect, indemnify, and save harmless the Lessor from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or afflicting injury and/or damage to any person or property, happening or done, in, upon or about the leased premises during the term of the lease, or due directly or indirectly to the tenancy, use of occupancy thereof, or any part thereof, by the Lessee or any person claiming through or under the Lessee.
3. Requirement to Comply with Ordinance and Laws. Lessee agrees to make no unlawful use of the leased premises, and agrees to comply with all valid regulations, city ordinances, and laws of the State of Iowa and the federal government, including, but not limited, fire regulations, zoning regulations, and any other laws of any governmental agency.
4. Lessee to Insure Its Own Property. Lessee agrees to keep its personal property and any other personal property brought and/or used on the premises by Lessee or any person acting under Lessee’s direction reasonably insured against hazards and casualties, this is, fire and those items usually covered by extended coverage. Lessor shall not be responsible for any loss or damage to any of such property for any cause of whatever nature or of any kind.
5. Lessee Duty of Care and Maintenance. Lessee shall, after taking possession of said premises and until the termination of this lease and the actual removal from the premises, at its own expense, keep said premises in a reasonably clean and serviceable condition. Lessee will not allow smoking, alcoholic beverages, drugs, or red punch on the lease premises, or allow trash of any kind to accumulate on the lease premises and will place said items in the trash receptacles provided therefore. Lessee agrees that upon the termination of this lease, it will surrender, yield up and deliver the premises in good and clean condition, will not attach items to walls or structural surfaces, and will remove all excessive trash.
6. Termination of Lease and Defaults of Lessee. This lease shall terminate upon the expiration of the leased term as describe in this agreement. Upon default in payment of rental herein or upon any other default by Lessee in accordance with the terms and provisions of this lease, this lease may, at the option of Lessor, be canceled and forfeited. In case suit is instituted by Lessor to enforce compliance with any term of this agreement, Lessor shall be entitled to reasonable attorney fees and court costs incurred in the enforcement of this agreement, in addition to any damages provided for by this agreement or in accordance with law.
7. Misrepresentation as Grounds for Termination of Lease. Any misrepresentation made by Lessee, its agents or employees, in obtaining this lease agreement shall be grounds for immediate cancellation and termination of the lease by Lessor without any recourse on the part of Lessee or liability on the part of Lessor to Lessee.
8. Lessor’s Agent on Premises. Lessee acknowledges that a Cedar Falls Municipal Band staff person, or a designated representative, must be in attendance at all times when the building is in use by Lessee or any person acting by or under Lessee. Lessee agrees to pay a charge for the attendance of said Cedar Falls Municipal Band staff person as specified in the written description of charges which as been submitted to Lessee as described in paragraph 1.
9. Miscellaneous. Each and every term and condition of this agreement shall extend to and be binding upon the respective successors and assigns of the parties. None of the terms and conditions of this lease shall in any manner be modified, waived or abandoned, except by a written instrument duly signed by Lessor and Lessee. This lease contains the entire agreement of the parties, and there are no other promises, understandings or agreements except as specifically set forth in this agreement.
It is understood and agreed upon that these premises are primarily intended to be used by the members of the CFM Band for music activities and personal events, and are also made available, for a reasonable charge, to nonprofit organizations and community groups as arranged through the band hall managing agent. The band building and grounds are not intended to be used by for-profit organizations and businesses for the purpose of conducting profit business activities. The managing agent is appointed by the executive board of the Cedar Falls Municipal Band which has final judgment on determining appropriate use of the facility.
IN WITNESS WHEREOF, the parties have duly executed this lease in duplicate on
the day and date state above.
(LESSOR) CEDAR FALLS MUNICIPAL BAND, Inc.
By _____________________________ Name__________________ Title______________
MEMORANDUM OF AGREEMENT
FROM: Dennis Downs
SUBJECT: Use/Lease of the Cedar Falls Municipal Band Hall, 211 Washington Street
This is to confirm our communication regarding your scheduled leasing of the Cedar Falls Municipal Band Hall at 211 Washington Street for (event________________________________ date________________time_________________
As agreed, there will be a minimum charge of $50 for a two-hour program which includes CFMB staff cost and usage cost. There is a $20 charge for each additional hour. A $50 security deposit is required, and can be applied toward final payment.
If cancellation is necessary, a full refund will be made up to 24 hours preceding the event. Half of the rental charge will be refundable up to one hour preceding the event, and there will be no refund after one hour preceding event. Balance will be due within 30 days following the event. Please make payment to “Cedar Falls Municipal Band” and return deposit payment with lease agreement.
We will make available:
_____ chairs and tables
_____ music stands (up to 30)
_____ kitchenette (sink, refrigerator, microwave)
_____ telephone (local calls only)
_____ free parking on site, and on surrounding streets and city lots
_____ microphones and sound system
Supervising Band Hall Staff:
Dennis Downs 266-2922