NEW SOUTHERN BUILDING LOBBY
118 East Baltimore Street – Physical Address
Jackson, TN 38301
WITNESSETH: That in consideration of the covenants and agreements herein express and of the faithful performance by the Lessee of all such covenants and agreements, Lessor does hereby agree to furnish, for the purposes hereinafter name the New Southern Building Lobby. Such facility to be lighted, heated, cleaned without scenery, decorations and equipment contained therein and that the Lessee agrees to use said premises for the purposes of ________________________________________.
Commencing on _____________________, 2010 at ________ and terminating on ________________________, 2010 at ____________ including move-in and move-out.
From the beginning of the term of this lease to the end thereof, the leased premises shall be under the exclusive control of the Lessor, who shall employ all personnel, including regular designated facility staff, and shall designate the use of the leased premises, arrange for the seating of patrons and pass on said costs to the Lessee, except as hereinafter altered by conditions set out in the following paragraphs.
Lessor agrees to furnish water by means of the appliances installed for ordinary toilet purposes and normal custodial services.
The Lessee hereby covenants and contracts to pay to said Lessor, at its office located at 605 South Royal Street, Jackson, TN 38301, as rental for the use of said premises and facilities the following sums:
Lobby Rental $____________
Extra Hours $____________
Rental Deposit $250.00 Due date event is booked, non-refundable
In addition to the above rates, the Lessee shall pay all expenses and charges established by the Manager of the designated facility for use of special equipment and personnel furnished by the HCB Corporation. It is understood the Lessee agrees to secure at its expense General Public Liability Insurance in the amount of One Hundred Thousand ($100,000) Dollars and Three Hundred Thousand ($300,000) for each accident, and to provide HCB Corporation satisfactory evidence of such insurance. HCB Corporation shall be named as additionally insured under the general public liability policy.
The Extra Hours fee in the amount of $_________ shall be paid upon signing the contract. If this lease is not carried out, the amount so paid shall be retained by Lessor as liquidated damages. The balance of the amount of the fixed charges provided in said contract shall be paid three (3) weeks before use date. Any additional rental payable under shall be paid at the conclusion of the use of the premises. Such sum shall be paid in cash or check at the office of the Lessor at P. O. Box 2904, Jackson, TN 38302 or 605 South Royal Street, Jackson, TN 38301.
The Lessee further covenants and agrees to quit and surrender the said demised premises to the Lessor at the end of the agreed term of occupancy in the same condition as at the date of commencement of this lease, ordinary use and wear thereof only except; and to abide by and conform to all rules and regulations from time to time adopted or prescribed by the Lessor, for the management of New Southern Building Lobby; and to save the Lessor harmless and indemnify it against any claims or liability and/or Property Damage Liability which may arise or accrue by reason of the use by the Lessee or the rented premises.
This agreement is made and entered into upon the following express covenants and conditions, all and every one of which the Lessee hereby covenants and agrees to and with the Lessor to keep and perform.
- CLEANUP – Lessee is responsible for the cleanup of the facility including, taking all the trash outside and placing it in the designated dumpster and removal of any food, drink and containers. Any spills will be cleaned up and disposed of properly. Kitchen area should be cleaned and trash cans cleaned.
- FIRE DAMAGE – In the case of rented premises or any part thereof shall be destroyed or damaged by fire or by any other cause, or, if any other casualty of unforeseen occurrence shall render the fulfillment of this contract by the Lessor impossible, the Lessor shall not in any case be held liable or responsible to the Lessee for any damage caused thereby.
- NO RELINQUISHMENT OF RIGHT ON PART OF LESSOR – In renting said facility to the Lessee, the Lessor does not relinquish and does hereby retain the right to control the management thereof and to enforce all necessary and property rules for the management and operation of the same. The Manager of said facility and her assistants and others authorized by them may enter all the premises at any time on any occasion.
- WATCHMAN SERVICES – The Lessor assumes no responsibility whatever for any property placed in said facility, and said Lessor is hereby expressly released and discharged from any and all liability from any loss, injury, or damage to property that may be sustained by reason of the occupancy of said facility under this agreement, and all watchmen or other protective service desired by Lessee must be arranged for by Lessee
- ERECTION OF PLATFORMS OR PODIUMS – In the event the erection of platforms or podiums by the Lessee in any portion of the building, the expense of such erection and removal thereof shall be paid by the Lessee and all damage to said facility or furnishings caused by the erection or removal of such platforms or podiums shall be paid by the Lessee. Time required for such erection and dismantling must be arranged for by Lessee and paid for at the applicable rate.
- INJURE, MAR OR DEFACING OF PREMISES – Said Lessee shall not injure, or mar, or in any manner deface the premises and shall not cause or permit anything to be done whereby the said premises shall be in any manner injured, marred, or defaced, nor shall Lessee drive, or permit to be driven any nails, hooks, tacks, staples or screws in any part of said building, nor shall Lessee make, or allow to be made, any alterations of any kind therein. If said premises or any portion of said building during the term of this Agreement shall be damaged by the act, default, or negligence of the Lessee or of the Lessee’s agent, employee, or employees, patrons, guests, or any person admitted to said premises by said Lessee, the Lessee will pay to the Lessor upon demand such sums as shall be necessary to restore said premises to their present condition. The Lessee hereby shall be necessary to restore said premises to their present conditions. The Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to said premises or to any portion of said building by the consent of said Lessee, or by or with the consent of said Lessee’s employees or any person acting for and on behalf of said Lessee, and said Lessee agrees to have on hand at all times sufficient police to maintain order and protect persons and property.
- FURNISHING OF LIGHT, HEAT AND OTHER FACILITIES – The Lessor has agreed to furnish lighted, heated and cleaned facilities for the purpose theretofore mentioned and the Lessee is prohibited from collecting payment for said services.
- FEDERAL, STATE AND LOCAL LAWS TO BE COMPLIED WITH – The Lessee warrants that every member connected with the entertainment or other purpose for which said facilities are rented, shall abide by and conform to and comply with all the laws of the Untied States, the State of Tennessee, and all of the ordinances of the City of Jackson and the rules and regulations of the Lessor for the government and management of said facilities, together with all rules and requirements of the Police and Fire Departments of the City of Jackson and will not do or suffer to be done anything on the said premises during the terms of this Agreement in violation of any such rules, laws or ordinances.
- EJECTION OF UNDESIRABLE PERSONS – The Lessor reserves the right through its manager or representatives to eject any objectionable person or persons from said building upon the exercise of this authority; the Lessee waives any right and claim for damages against HCB Corporation or any of its officers or agents.
- TICKETS TO BE SOLD – In no event shall tickets or any entertainment or exhibition be sold or disposed of in excess of the seating capacity of the house. The Lessee shall not admit to said premises a larger number of persons than can safely and freely move able in said rented areas, and the decision of the Manager of the designated facility in this respect shall be final.
- PASSAGEWAYS TO REMAIN CLEAR AT ALL TIMES – Lessee will permit no chairs or movable seats to be or remain in the passageways and will keep said passageways clear at all times.
- NO OBSTRUCTIONS PERMITTED – No portion of the sidewalks, entries, passages, vestibules, halls and ways of access to public utilities of said building shall be obstructed by the Lessee or used for any purpose other than for ingress or egress. The doors, skylights, stairways, or openings that reflect or admit light into any place in the building, attachments, shall not be obstructed by the Lessee. The water closets and water apparatus shall not be used for any purpose other than for which they were constructed, and no sweepings, rubbish, rags, paper or other substances shall be thrown therein. Any damage resulting to them on account of misuse thereof of any nature or character shall be paid by the Lessee.
- SALE OF FOOD, DRINK, PROGRAMS, OR DISTRIBUTION OF MERCHANDISE – Lessee shall have no right to sell or distribute merchandise of any king, including but not limited to food, drink, programs and novelty items on or about the leased premises except as authorized in writing by Lessor, as follows, and all such rights shall be the property of the Lessor
- List items to be allowed by Lessee.
- ASSIGNMENT OF LEASE OR AGREEMENT – The Lessee shall not assign this agreement, nor suffer any use of said premises other than herein specified, nor sublet the premises or any part thereof without the written consent of the Lessor.
- ADVERTISEMENTS, SHOW-BILLS OR POSTERS – Lessee shall not post or exhibit nor allow to be posted or exhibited signs, advertisements, show-bills, lithographs, posters, or cards of any description inside or in front of or on any part of said building or on the premises, except as authorized by the Lessor, as follows, and for those times and within those prescribed limits as set forth by the Lessor:
- List places of posting advertisements and duration.
- BROADCASTING, RECORDING AND TRANSCRIPTION RIGHTS – All broadcasting, recording and transportation rights shall be permitted the property of the Lessor and permission to obtain rights shall be obtained only through written consent of the Lessor.
- CUSTODY OF LOST OR LEFT ARTICLES – The Lessor shall have the sole right to collect and have custody of articles left, lost or checked in the building or on the premises by persons attending any performance, exhibition, or entertainment given or held in the leased premises and the Lessee or any person in the Lessee’s employ shall not collect or interfere with the collection and custody of such articles.
IN WITNESS WHEREOF, the parties hereto by themselves or their lawfully authorized officers or agents have executed this agreement on the day and in the month and year first hereinabove written.
Date signed: ___________________ By: _________________________
Date signed: ____________________ By: _________________________
Rev January 2010