Market Place On Broadway Rental Agreement

ARDMORE MAIN STREET AUTHORITY

MARKETPLACE ON BROADWAY RENTAL AGREEMENT

106 East Broadway, Ardmore, OK 73401

By entering into this contractual agreement, Lessee agrees to be present on the Market Place on Broadway premises for the time rented and to comply with all rules, regulations and restrictions outlined in this agreement and to assume responsibility for his agents, employees and guests. Violation of these rules will result in forfeiture of the security deposit and prohibited use of AMSA facilities in the future.

1. The Market Place on Broadway shall be used by the Lessee for the purpose indicated in the Rental Application, and for no other purpose. 
2. The term of this rental agreement commences on the day indicated in the Rental Application, at 1:00 pm and shall terminate at 11:59 pm. Lessee agrees to pay an additional days rent if premises are not vacated by 11:59 pm.
3. SECURITY DEPOSIT: The Lessee agrees to pay a security deposit to the Lessor in the amount of $250 dollars. The security deposit will be refunded in full within fifteen (15) business days following termination of the lease unless cleaning service is required or damages have been incurred. The security deposit will be used to pay for all cleaning and repair costs caused by Lessee or its guests during the said tenancy. The Lessee agrees to be responsible for all charges related to cleaning and repair costs, even if fees are over and above the security deposit.
4. RENTAL FEE: Rental fee for the term is payable not less than 24 hours before the event. NOTE: A $25.00 charge will be assessed for each returned check.
5. ACCESS TO FACILITY: Lessee shall be provided one access key to the facility only after full payment has been received by Ardmore Main Street Authority and no earlier than one business day prior to the rental date. Lessee agrees to return said key not later than the first business day following the rental date. Failure to return the facility key may result in the lessee being assessed an additional re-keying charge. Duplication of the facility key is strictly prohibited.
6. CANCELLATIONS: If the reservation is canceled ninety (90) days before an event, the security deposit will be refunded in full less a 15% cancellation fee. Security deposits are not refundable if the reservation is canceled less than 90 days from the rental date of an event.
7. ALCOHOLIC BEVERAGES: Lessee shall comply with and obtain all necessary permits or licenses required by Federal, State and Local Statutes or Ordinances for Special Events and Sale of Beer and Liquor. Lessee agrees to use only authorized Catering establishments that have a contractual agreement with AMSA. A list of approved caterers are attached to this rental agreement
8. CATERING: AMSA maintains a list of approved catering vendors who have agreed to follow an established set of terms and conditions for protecting and preserving the facility. In order to use a catering vendor, not on the approved list, Lessee must get prior approval before the catering vendor is contracted. A ten percent (10%) catering fee shall be added to the menu price and the cash bar prices and shall be paid to the Lessor by the caterer. Payment to Lessor must be paid in full not later than ten days following the rental date. Should the caterer fail to fulfill obligations outlined in the catering agreement, Lessee shall be responsible for additional costs resulting from damages, fees and penalties incurred by the catering vendor. 
9. NOISE LEVEL: Amplified music must be maintained at a reasonable volume due to adjacent residential dwellings. Lessor staff or authorized representative is authorized to lower sound level if deemed too loud. By ordinance, all outdoor music must stop by 10:00 pm.
10. All property of Lessee kept or stored at the Market Place on Broadway shall be so kept and stored at the risk of Lessee and shall indemnify Lessor in the event of any claims arising out of damages to the property, except when Lessor has acted by gross negligence or intentionally including any subrogation claim by Lessee insurers. All Lessee property left on premises for longer than thirty (30) days will become the sole possession of AMSA.
11. No portions of the sidewalks, entries, pavilion or ways of access to public areas of the facility shall be obstructed, caused to be obstructed or permitted to be used for any purpose other than ingress and egress to and from the Depot, by the Lessee.
12. No flammable materials such as bunting, tissue paper, crepe paper, etc., will be permitted to be used for decorations and all candles must be in approved containers. The lessee agrees to comply with all applicable fire codes of the City of Ardmore.
13. This agreement shall not be let, sublet, assigned, conveyed, mortgaged, pledged, encumbered or otherwise transferred (whether voluntarily or involuntarily) by Lessee without Lessor’s written consent. If Lessee is allowed to transfer this agreement, with the Lessor’s consent, the Lessee shall remain fully liable hereunder. 
14. The obligations of the Lessee hereunder shall not be affected, impaired or excused, nor shall Lessor have any liability whatsoever to Lessee in its inability to fulfill obligations of this agreement due to acts of terrorism, natural disaster, public utility emergencies, or governmental preemption of priorities. 
15. Lessor shall not be liable or responsible in any way for any death or injury arising from or out of any occurrence in, upon, or at the Market Place on Broadway, or for damage to property of the Lessee or other unless such damage, loss, injury or death results from the gross negligence of Lessor. Lessor shall not be liable for any injury or damage to persons or property resulting from fire, smoke, explosion, falling ceilings, steam, gas, electricity, water, rain, snow or leaks from any part of the pipes, appliances, plumbing works, roof, street or substance of any floor or ceiling or from any other place in the Market Place on Broadway, or because of dampness or climatic conditions.
16. Lessee shall indemnify and hold harmless Lessor and Lessor’s agents and employees from and against any and all claims or liabilities, proceedings, damages or litigation arising from or in connection with the conduct of any business, activity, work or thing whatsoever done, or any conditions created in or about the Market Place on Broadway during the terms or during the period of time prior to the commencement date. Lessee shall indemnify and hold harmless Lessor and Lessor’s agents and employees from and against any act or omission of Lessee, Lessee’s agents or any subtenants or licensees or their partners, officers, agents, employees or contractors and any accident, injury or damage whatsoever (unless caused solely by Lessor’s negligence) occurring in, at or upon the Market Place on Broadway and any breach or default by Lessee in the full and prompt payment and performance of Lessee obligations under this lease, together with all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon, including, without limitations, all attorney’sfees and expenses. 
17. The Lessor shall have the right to enter the leased premises to inspect those premises at all reasonable times without prior notice to Lessee. Unless otherwise specified in writing, the staff of the Depot shall be privileged to schedule other similar events during, before and after the dates of this contract without notice to Lessee.
18. Ardmore Main Street Authority shall have the sole right to collect and have custody of articles left in the building by persons attending any event held in conjunction with this lease or otherwise, and these articles will be held for thirty (30) days and then, upon expiration of 30 days, if these are not recovered by the owner thereof, the articles shall be considered abandoned and disposed of by Depot personnel.
19. This is a binding Contract that constitutes the sole and only agreement between the Ardmore Main Street Authority and the Lessee respecting use of the Market Place on Broadway premises. Prior to signing this contract, Lessee agrees that he/she has read and understands the provisions of this contract.