Terms and Conditions
Home Builder Association of Greater Tulsa’s Mike Fretz Event Center 11545 E. 43rd st Tulsa, OK 74146
This Lease Agreement (the “Agreement”) is made and entered into by and between the HBA of Greater Tulsa, Inc. (the “Association”) and the (“Lessee”) Recitals: A. The Association is the owner of the certain building located at 11545 East 43rd Street Tulsa, Oklahoma (“the Premises”) B. Lessee desires to rent a portion of the Premises as set forth below from the Association, and the Association desires to lease the same to lessee pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Association and lessee hereby agree as follows:
1. Leased Promises. The Association hereby leases to Lessee that certain portion of the Premises described as the reception hall, the restroom facilities Kitchen, bar area and parking lot (the "Leased Premises”) The offices, meeting room and the entire second floor of the Premises are specifically excluded from the definition of the Lease Premises. By executing this Agreement, Lessee hereby accepts the Leased Premises in their "AS IS” condition. Lessee shall permit all employees or agents of the Association to enter the Leased Premises at any time and on any occasion in the performance of their duties. Such individuals shall make their identity known.
2. Rental Rate: The total rental rate for Lessee's use of the Leased Premises shall be payable thirty (30) days in advance of the commencement of the Term (as that term is defined below). Such rental rate is based upon Lessee's representation that no more than 250 people are expected to be in attendance for Lessee's use of the Lease Premises. In the event that attendance in the Leased Premises, during the Term, is higher than represented by Lessee, then Lessee understands that the event may be cancelled for violating the agreement. 3. Deposit. Contemporaneously with the signing of this Agreement Lessee shall pay to the Association, $500.00 (the “Deposit"). The Deposit shall be held by the Association. In the event that Lessee fails or refuses to pay the rental amounts within the time specified in Paragraph 2 hereof and has failed To give at least ninety (90) days prior written notice of cancellation, then this Agreement shall be deemed cancelled and the Association shall retain the Deposit and all other payments in their entirety. If, after the Term hereof, the Leased Premises are not properly cleaned, in the sole determination of the Association, then the Association shall pay for the cost of damages and cleaning with the card on file.
4. Indemnification and Liability. a) Lessee's Liability, Lessee shall indemnify and hold the Association, and its directors, officers, and members harmless from and against all claims, liabilities, damages, injuries, penalties, fines and losses, directly or indirectly, by any persons, authority, or entity for injury to persons or property or damage which in any way relates to
Lessee's use of the Leased Premises. Lessee agrees to be liable for any and all property damage to the Premises arising out of Lessee's use of the Leased Premises. If any suit or proceeding shall be brought against the Association on account of damage, injury, omission, neglect, commission, liability claim or loss occasioned upon by the use of activities on the Leased Premises, whether by third parties or employees, agents, servants, invitees, licensees or guests of Lessee, or any other person, then Lessee, at its sole expense, shall defend same and shall pay any and all judgments which may be recovered against the Association. The Association bears no responsibility or liability for any product or service provided by third party vendors, booked on behalf of the association, or the Lessee or otherwise.
b) Association's Liability. If the Leased Premises cannot be used by the Lessee due to fire, flood, damage or any reason beyond the control of the Association, this Agreement is void and Lessee's sole remedy is the return of its Deposit and rental. In no event shall the Association have responsibility to the Lessee due to the failure, wholly or partially, of any mechanical systems including, but not limited to, heating, air conditioning, water, plumbing, or any other facility which makes the Leased Premises less desirable. Lessee acknowledges that the Association is not responsible to arrange for alternative facilities for the Lessee under any circumstances. All property of the Lessee, its guests and others are at Lessee's risk and the Association shall not be liable for theft, loss, or damage to such property. 5. Relationship of Parties. The parties hereto acknowledge that the relationship between the Association and Lessee by virtue of this Agreement is one of landlord and tenant In no event shall this Agreement be construed as to impute a partnership or joint venture between the Association and Lessee. The Association shall not share in any of the profits made by Tenant in the sale of alcoholic beverages by Tenant while in possession of the Leased Premises. The rental, as provided in Paragraph 2 hereof, is a flat fee and is not based, in any way, upon the sale of alcoholic beverages on the Leased Premises. 6. Assignment. This Agreement may not be assigned or subleased by Lessee without the prior written consent of the Association, which consent may be withheld for any reason whatsoever. 7. Cancellations. The Association reserves the right to terminate this Agreement whenever, in its sole discretion, such cancellation is necessary to protect and preserve the Premises, or the health and safety the Association's staff and the public, and in the event of such termination, the Association shall have no liability for any damages resulting therefrom. 8. Force Majure, In the event that the terms of this Agreement cannot be met by either party due to act of God, storms, fire, the acts or regulations of governmental or public authorities or labor unions, labor difficulties, lockout, strike, disobedience, war, riot, terrorism, blackout, fuel or power shortage, air raid, an act of public enemy, epidemic, interruption or delay in transportation, the parties shall be respectively responsible for their obligations hereunder, and there shall be no claim for damages for or against each other.
9. Covenants of Lessee. As a material consideration for the Associations Agreement to lease the Leased Premises to lessee, Lessee covenants the following:
a. To keep and maintain all portions of the Leased Premises and all property and equipment therein as good a state of repair as the same are turned over to Lessee and to promptly pay or reimburse the Association for the actual cost of repairing any Damages to the leased premises.
b. To abide by and to assure that all of its agents, employees, guests and invitees abide by the Association's Rules and Policies for the use of the Leased Premises. c. Lessee shall not commit any nuisance or do or permit to be done anything which may result in the creation or commission of a nuisance upon the Leased Premises.
d. Lessee shall not use, nor permit the use on the Premises of any liquid or solid substance of an explosive or highly flammable or noxious nature.
e. Lessee shall not allow any animals to be brought into the Premises without the prior written consent of the Association f. Lessee shall be responsible for obeying, observing and promptly complying with all present and future laws, statutes, ordinances rules, regulations, orders and requirements of any governmental body or agency respecting Lessee's use of the Leased Premises. Lessee agrees not to use or permit the use of the Leased Premises for unlawful purposes.
g. Lessee shall not allow any alcoholic beverages (including lower alcohol beverages such as beer and wine) to be served to or consumed by any minor on the Premises, including without limitation, the parking lot.
10. Time of Essence. Time is of the essence with regard to each and every provision hereof.
11. Governing Law. This Agreement shall be governed by the laws of the State of Oklahoma, and the parties hereto consent to the jurisdiction and venue of the District Court of Tulsa County, Oklahoma.
12. Entire Agreement. This Agreement, including the exhibits attached hereto, constitutes the entire agreement between the Association and Lessee. No prior written or prior or contemporaneous oral promises or representations shall be binding. This Agreement may not be amended, changed or extended except by written instrument signed by the Association and Lessee.
13. Invalidity and Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be judged invalid or unenforceable, the remaining terms and provisions of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted.