By Myrna Trauntvein
Times-News Correspondent
Juab County Commissioners and the Juab Fine Arts Council
reached a lease agreement for the auditorium facility
located within the Juab County Courthouse.
The lease will become effective January 1, 2003.
David Leavitt, Juab County Attorney, read the prepared
document into the record of the commission meeting and,
following that, the commission authorized the chairman of
the commission, Wm. Boyd Howarth, to sign the agreement.
Attending the meeting were Winagene Eyre, chairman of the
county Utah Statehood Centennial Committee; Chelom Leavitt
and Tana Esplin, representing the fine arts council.
The Juab Fine Arts Council is a Utah non profit
corporation and has applied for 501(c)(3) status with the
internal revenue service.
"The purpose of the Juab Fine Arts Council is to further
the arts in the communities of Juab County and promote local
education in the arts," said David Leavitt.
Juab County is the owner of the auditorium facility
located within the Juab County Courthouse at 160 N. Main
Street, Nephi, Utah.
One item commissioners thought important was that though
Juab County will continue to insure the auditorium on its
general insurance policy it will only be liable for loss to
personal property of the arts council to the extent that any
loss is covered under the county's insurance policy.
Otherwise, the arts council must be responsible for its own
losses.
"This is the part you considered important, Commissioner
(Howarth)," said Leavitt.
"In addition to the general county insurance policy, the
arts council will maintain a policy or policies of
comprehensive general liability insurance with respect to
the activities of the arts council in the auditorium with
the premiums thereon fully paid on or before due date,
issued by and binding upon some insurance company approved
by Landlord (Juab County)," said Leavitt.
Insurance must provide minimum protection of not less
than $1,000,000 combined single limit coverage of bodily
injury, property damage or combination thereof.
In addition, the county will be listed as an additional
insured on tenant's policy or policies of comprehensive
general liability insurance, and tenant will provide the
county with current certificates of insurance.
The commission will be notified that a policy is due to
expire at least ten days prior to expiration. The county
will not be required to maintain insurance against thefts
within the leased area.
Juab County Commissioners have allowed the auditorium to
sit vacant since Juab County purchased the building from the
Juab School District. "However, over the last ten years,
Juab County has placed money in a capital improvement fund
for the purpose of renovating and finding a community use
for the auditorium," said Leavitt.
One of the reasons why Juab County has allowed the
auditorium to sit vacant has been the lack of a properly
organized organization with the ability to renovate and the
need to use the facility.
The Juab Fine Arts Council came into existence in
January, 2002 and is operated by a board of trustees made up
of Juab County residents interested in promoting the arts
and arts education in Juab County.
Leavitt said, the Juab Arts Council is without home or
permanent place of operation.
The parties to this agreement believe that the coming
together in a lease agreement is mutually beneficial to the
general public of Juab County.
"For Juab County government, it allows an undeveloped
asset to be developed and made ready for use by the general
community," said David Leavitt. "For the Juab Arts Council,
it provides a logical home and place of operation. For the
general public, it creates an auditorium facility that
benefits the health and general welfare of the county
residents."
Accordingly, the Juab Fine Arts Council desires to lease
the auditorium from Juab County for a term and a rental
fee.
It is in the best interest of the County for the Juab
Fine Arts Council to maintain its services in this
community.
The lease will begin with an "initial term" beginning
January, 2003 and ending 10 years from that day.
The lease will automatically be renewed and extended for
terms of one year. The lease can be terminated with a 90 day
notification prior to the expiration of the initial
term.
"The renewal terms shall remain the same as provided in
this lease unless renegotiated 90 days prior to the
expiration of the initial term.
The arts council will pay a rental fee in the amount of
$12 to the county during the initial term of the contract.
Payments will be made by January 30 each year.
The fine arts council will pay any and all utilities for
the auditorium.
The rental fee for any renewal lease term, if created, as
permitted under this Lease,will be negotiated at the time of
the renewal of the lease.
"The Juab County Arts Council will use the already
budgeted and set aside monies from the Juab County budget to
remodel and finish the auditorium building," said
Leavitt.
The arts council is directed to work with the Juab County
commissioner in charge of the Juab County Courthouse and
obtain approval for all work done on the auditorium prior to
commencement of that work.
The parties agree that the amount of money in the
auditorium completion fund at the end of 2002 shall be made
available to the Juab Fine Arts Council for completion of
the auditorium.
The arts council agrees that it will comply with all
relevant purchasing policies of the county in expending
county money on the auditorium.
The commission and council will agree upon a procedure
for the approval of remodeling projects and for the payment
of monies from Juab County funds.
Juab County will provide two keys to the Juab County
Courthouse for the arts council to access the auditorium and
also an appropriate number of keys for the auditorium
itself.
The arts council will hold a fiduciary duty for the care
of Juab County building keys and that no official or
representative will use, loan, or duplicate such keys for
any purpose not specifically connected with this lease.
The auditorium will be made available to members of the
Juab County public for functions.
The arts council will serve as the agent for the county
in scheduling the auditorium for use. The arts council shall
charge an appropriate rental fee for the auditorium for all
uses not affiliated with the arts council. Rental fees will
be set by policy by the county commission.
Arts council rental fees shall be paid, on a monthly
basis, by the arts council to Juab County.
"In other words, the arts council shall have complete use
of the auditorium for its own use for the consideration of
$12 per year and for being willing to operate the facility
and for remodeling the facility,' said Leavitt.
If any non arts council entity uses the facility,the
rents will be paid to the county.
The agreement recognizes that Juab County will have need
of the facility from time to time for public functions. In
such cases,the county will have full access to the
auditorium for its public meeting needs.
Juab County agrees to schedule such uses of the
auditorium through the arts council.
The arts council may improve the facility with non-county
money and that any such improvement with is a fixture will
become the property of the county upon placement of such
fixture in the auditorium.
Juab County shall perform the janitorial services for the
auditorium and that arts council will assist the county in
that job.
The council will obtain commission consent prior to
remodeling, redecorating, and making additions,improvements
and replacements of and to all or any part of the
premises.
The arts council, at council expense,will have the right
following the county commission's consent to remodel,
redecorate, and make additions, improvements and
replacements of and to all or any part of the auditorium
from time to time.
Alterations and improvements must be made in a
workmanlike manner and use good quality materials.
The council has the right to place and install personal
property, trade fixtures, equipment and other temporary
installations in and upon the premises, and fasten the same
to the premises.
All personal property, equipment, machinery, trade
fixtures and temporary installations, whether acquired by
the council at the commencement of the lease or placed or
installed thereafter, shall remain the art council's
property. However, the property may be removed any time
during the term of this lease provided that all damage the
premises caused by removal will be repaired. All permanent
fixtures whether installed prior to the Lease or after the
start of the Lease, will remain attached to the
property.
The county will be responsible for arranging for and
paying for all utility services required.
Following commission consent, the arts council will have
the right to place any signs which are permitted by
ordinances and private restrictions. But the council must
repair all damage to the property which might result from
the removal of those signs.
The arts council agreed to take the premises "as is" with
the understanding that there are no express or implied
warranties to the condition of the property.
If a party is found to be at fault or in default of the
agreement, that party will pay court costs and reasonable
attorney's fees.
The agreement terminates and supersedes all prior
understandings or agreements.
|
