FORM 115

SPACE RENTAL AGREEMENT

AGREEMENT made between _____________ (Governmental Entity), a political subdivision of the state of Idaho, herein "ENTITY" and _________________________ herein "USER",

THE PARTIES AGREE AS FOLLOWS:

1.         USE OF PREMISES:  ENTITY hereby rents to USER the use of 

[ ] __________ square feet of structure.

[ ] _________ square feet of land, constituting a parcel of approximately _________ feet by ________ feet, as shown on the attached map, for the period.

[ ] from _____________ to _____________, inclusive. 

[  ] commencing at on ___________________ and continuing until terminated as agreed. 

USER agrees to pay ENTITY rent for said premises 

[  ] in the total sum of $_____________, payable upon execution of this Agreement. 

[  ] in the sum of $____________ per month, payable the first day of each monthly period of this Agreement for the following month, together with a late fee of $___________ for each payment not paid when due. 

2.            PURPOSE:  USER agrees to use the above Premises solely for the purpose of_______________________________________ and for no other purpose. 

3.         USE AND SECURITY:  [  ] USER represents that no member of the public shall be invited to the rented premises during this Agreement so that no security will be provided.  [  ] USER acknowledges that it will invite the public upon the premises during this agreement and that it will provide the following security for the premises and the public:

_____________________________________________________________________________.

4.            HOUSEKEEPING:  USER agrees to keep the Premises clean and attractive at all times and return it to ENTITY in a good and clean condition.  USER agrees not to alter the Premises or attach anything to the premises without first obtaining written approval of ENTITY.  ENTITY can perform housekeeping if not done by USER and bill USER for said services.  USER agrees to make a $____________ housekeeping deposit to ENTITY to reimburse it for any housekeeping done, which will be refunded to USER upon termination of this Rental if the premises are in a good and clean condition.

5.            INSURANCE:  USER agrees to obtain and keep in force during its acts under this Agreement a comprehensive general liability insurance policy in the minimum amount of $____________________, which shall name and protect USER, all USER’s employees, ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with the USER’s acts.  USER shall provide proof of liability coverage as set forth above to ENTITY prior to commencing its performance as herein provided, and require insurer to notify ENTITY ten (10) days prior to cancellation of said policy.

6.            INDEMNIFICATION:  USER agrees to indemnify, defend, and hold harmless ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of USER, USER’s agents, employees, or representatives under this Agreement.

7.         USE:  USER agrees not to store, generate, use or bring upon the property hazardous waste as defined by applicable laws or otherwise use the property in a manner that will increase ENTITY’s insurance rates for the property.

8.            TERMINATION:  This Agreement may be terminated immediately by ENTITY for breach of this Agreement by USER and either party may terminate this Agreement by __________ days written notice of termination to the other party. 

9.            ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties.

10.            ATTORNEY FEES:  Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination. 

11.            COMPLIANCE WITH LAWS:  USER agrees to comply with all federal, state, city, and local laws, rules and regulations.

DATED this _______ day of _______________, 20____.

ENTITY:

_____________________________________

(Governmental Entity)

By__________________________________

Its___________________________________

ATTEST:

_____________________________________

Clerk of _____________________________

(County, City or other Governmental Entity)

  USER:

By__________________________________

    (Name)

Its___________________________________

    (Title or Office)

WITNESS:

_____________________________________

(Signature of Witness or Notary Public)

Form and content approved by __________________ as attorney for _______________ (Governmental Entity).