City Council

CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 www.danbury-ct.gov ELISA ETCHETO PHONE: 203-797-4514 LEGISLATIVE ASSISTANT FAX: 203-796-1529 e.etcheto@danbury-ct.gov MEETING NOTICE Who: City Council – Ad Hoc Committee When: 6:30 P.M. – Monday, March 24, 2025 Where: 3C, 3rd Floor City Hall, 155 Deer Hill Avenue Purpose: Renewal of Lease: Danbury Music Centre *Agenda Item on file in the Legislative Assistant’s Office and on the City website (February 2025). Committee Members, Department Representatives & Petitioners: Andrea Gartner, Chair Ryan Hawley, Councilman Emile Buzaid, Councilman Corporation Counsel Representative Dan Garrick, Finance Planning (excused) Sean Hanley, Public Buildings Mayor’s Office Posted: Town Clerk Information Board City Website Calendar  CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 PLANNING COMMISSION (203) 797-4525 www.danbury-ct.gov (203) 797-4586 (FAX) February 24, 2025 To: Mayor Roberto Alves Members of City Council From: Planning Commission Re: 8-24 Referral – February 2025 City Council Agenda Item #8: Lease Renewal Agreement Danbury Music Centre, 254-256 Main Street. The Planning Commission has received a request from the City Council for a report pursuant to CT General Statutes/Sec 8-24, regarding the above referenced item. At the February 19, 2024 regular meeting, the Planning Commission voted to give a positive recommendation for the above-referenced request subject to the review and approval of said lease by the Office of Corporation Counsel and any additional lease terms deemed appropriate by City Council. The motion to give a positive recommendation was made by Mrs. Hoffstaetter, seconded by Mr. Salvagne and passed unanimously by voice vote with four ayes (from Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, and Chairman Finaldi). Arnold E. Finaldi Jr. Chairman AF/jr Attachment c: Engineering Dept. Corporation Counsel  LEASE THIS LEASE, made by and between the CITY OF DANBURY, a municipal corporation with an address of 155 Deer Hill Avenue, Danbury, Connecticut, acting herein by Roberto L. Alves, its Mayor (hereinafter referred to as the "Landlord") and DANBURY MUSIC CENTRE, INC., a Connecticut non-profit corporation with a business address of 254 -256 Main Street, Danbury, Connecticut, acting herein by Laura Flachbart, its President (hereinafter referred to as the "Tenant") in accordance with the following terms, conditions and covenants. 1. PREMISES: (a) The Landlord hereby leases to the Tenant the following described premises situated in Danbury, Connecticut, to wit: portions of the Main Level and the entire Upper Level and basement of the building located at 254 -256 Main Street in Danbury, Connecticut shown and depicted on Schedule A attached hereto, made a part hereof and incorporated herein by reference (hereinafter "Leased Premises"). As shown on Schedule A, portions of Main Level are reserved for use by the Landlord and portions of the Main Level are shared between the Landlord and the Tenant. The balance of the Main Level is leased exclusively to the Tenant. The Leased Premises are leased subject to: all easements of record; the rights of the Landlord above said Leased Premises; an easement in the Landlord to install, use, maintain, repair, or modify all water, gas, electrical pipes and wires, meters and all plumbing and sewer(s) lines in the basement, walls and ceiling of the building wherein the aforesaid Leased Premises are located which are connected with or which supply services to other tenants of the Landlord in the building of which the Leased Premises are a part or tenants in the adjoining or adjacent buildings owned by the Landlord. The Tenant shall provide the Landlord access to same for the duration of the lease term. Any basement area beneath the Leased Premises is specifically excluded from the Leased Premises and the Tenant shall have no rights to the basement area. (b) The Landlord reserves the right to use the Leased Premises located on the Upper Level for special events provided that the Landlord shall give the Tenant written notice thereof not less than ten (10) days prior thereto. 2. TERM: The term of this lease shall be for five (5) years (“Lease Term”), commencing on _______, 2025 (“Commencement Date”), and terminating on ______________ (“Termination Date”). 3. RENT: The Tenant shall pay the Landlord rent of one dollar ($1.00) annually during the Lease Term.  4. UTILITIES: The Tenant shall pay during the Lease Term for all utilities utilized or incurred by the Tenant in the use of the Leased Premises, except for HVAC, electricity, sewer use and water use. 5. USE OF PREMISES: The Tenant shall use the Leased Premises for office use, musical performances and study and all lawful activities in the furtherance of these stated purposes or those incidental to them. 6. CONDITION OF PREMISES, ORDINANCES AND VIOLATIONS: (a) The Tenant shall take possession of the Leased Premises in "as in" condition. (b) The Tenant shall make no alterations, additions or improvements (“Tenant Changes”) in the Leased Premises without the prior written consent of the Landlord and then only by contractors or mechanics approved by the Landlord, which consent, or approval shall not be unreasonably delayed or withheld. (c) All Tenant Changes shall be done at the Tenant's sole expense and at such times and in such manner as the Landlord may from time to time approve. Prior to the commencement of any Tenant Changes, the Tenant shall submit to the Landlord, for the Landlord's written approval, plans and specifications (to be prepared by and at the expense of the Tenant) of such proposed Tenant Changes in detail satisfactory to the Landlord. In no event shall any material or equipment be incorporated in or to the Leased Premises in connection with any such Tenant Changes which is subject to any lien, security agreement, charge, mortgage or other encumbrances of any kind whatsoever or is subject to any conditional sale or other similar or dissimilar title retention agreement. Any mechanic's lien filed against the Leased Premises or the building of which the Leased Premises are a part for work done for, or claimed to have been done for, or materials furnished to, or claimed to have been furnished to the Tenant, shall be discharged by the Tenant within thirty (30) days thereafter, at the Tenant's expense, by filing a bond required by law or otherwise. If the Tenant shall fail to so discharge such lien, then, in addition to any other right or remedy of the Landlord, the Landlord may, but shall not be obligated to, discharge or bond over same, as provided by statute or otherwise, and any amount paid by the Landlord for any of the aforesaid purposes, including reasonable attorneys fees, shall be paid by the Tenant to the Landlord on demand as additional rent. Any Tenant Changes shall: (1) comply with the laws, rules, orders and regulations of governmental authorities having jurisdiction thereof, (2) comply with the rules and regulations of the Landlord, (3) comply with the plans and specifications prepared by and at the expense of the Tenant and submitted to and approved by the Landlord, and (4) be performed and completed in a workmanlike manner. No Tenant Changes shall be undertaken, started or begun by the Tenant or by its agents, employees, contractors or anyone else acting for or on behalf of the Tenant until the Landlord has approved in writing such plans and specifications, and no amendments or additions to such plans and specifications shall be made without the prior written consent of the Landlord. The Tenant agrees that it will not at any time prior to or during the term of this Lease, either directly or indirectly, use any contractors, labor or materials if the use of such contractors, labor or materials would or will create any difficulty with other contractors or labor engaged by the Tenant or the Landlord or others in the construction, maintenance or operation of the building of which the Leased Premises are a part, or any part thereof. All Tenant Changes shall be performed in a workmanlike manner. (d) The necessity for and adequacy of repairs to the Leased Premises shall comply with all municipal, state, and federal building, health and fire codes. (e) Upon the Termination Date or sooner termination of the Lease Term, the Tenant shall surrender to the Landlord the Leased Premises in broom clean condition. All alterations, additions and improvements, whether temporary or permanent in character, which may be made upon the premises, either by the Landlord or the Tenant, except furniture and movable trade fixtures, shall be surrendered with the Leased Premises as a part thereof upon the termination of this Lease without compensation to the Tenant. Except, however, the Landlord reserves right to request the Tenant to remove any alterations, additions, or improvements, whether temporary or permanent. (f) The Tenant shall suffer no waste or damage to Leased Premises and shall give prompt written notice to the Landlord of any damage that may occur; execute and comply with all laws, rules, orders, ordinances and regulations at any time issued or in force, applicable to the Leased Premises or to the Tenant's use and occupancy thereof, of the City, State and Federal Governments and the Landlord, and of each and every department, bureau and official thereof, and of the Board of Fire Underwriters having jurisdiction thereof. 7. ASSIGNMENT: The Tenant shall not assign, mortgage, or encumber this Lease in whole or in part, or subject all or any part of the Leased Premises to a sublease without the prior written consent of the Landlord. The consent by the Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. This prohibition against assigning or subletting shall be construed to include a prohibition against assigning or subletting by operation of law. If this Lease is assigned or if the Leased Premises or any part thereof be occupied by anybody other than the Tenant, the Landlord may collect rent from the assignee, or occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this provision or the acceptance of the assignee, undertenant or occupant as lessee, or as a release of the Tenant from the further performance by it of the provisions on its part to be observed or performed herein. Notwithstanding any assignment or sublease, the Tenant shall remain fully liable and shall not be released from performing any of the terms of this Lease. Assent to any assignment or sublease shall not release the prohibition as to any other assignment and sublease or constitute an assent to any other assignment or sublease. In the event the Landlord consents to any subletting, the Tenant or Guarantor shall at all times during the lease term remains liable for the payment of the rent and for compliances of all of its other obligations under the terms, provisions and covenants of the Lease Agreement. A transfer of 50 percent in the aggregate or more of an interest in the Tenant (whether by stock, partnership interest, or otherwise) by any party or parties in interest will be deemed an assignment of this Lease. An assignment or subletting without the prior written consent of the Landlord, including assignment by operation of law, shall be null and void and shall constitute a default under this lease agreement and the Landlord, at the Landlord’s option, may exercise its remedies under the default provisions provided for in the Lease Agreement. 8. FIRE AND OTHER CASUALTY: During the Lease Term, the Tenant shall procure and maintain such Comprehensive General Liability Insurance as will protect it and the Landlord from claims and damages for personal injury and property damage, including action or omissions in the course of the use of the Leased Premises, whether such actions or omissions are undertaken by the Tenant or by any contractor or subcontractor hired by or on behalf of the Tenant or anyone directly or indirectly employed by or acting on behalf of any of the foregoing individuals and entities. The minimum limit of such insurance shall be as follows: Bodily Injury Liability and Property Damage Liability: $2,000,000.00 (combined) each occurrence Prior to the execution of this Lease, certificates of such insurance shall be filed with the Landlord for its review. All policies of insurance shall be subject to the approval of the Landlord with regard to the adequacy of the protection they purport to provide. THE LANDLORD SHALL BE NAMED AS AN ADDITIONAL INSURED ON EACH SUCH POLICY. Insurance companies providing coverage hereunder shall be licensed by the State of Connecticut or otherwise acceptable to the Landlord. Full disclosure of all exclusions shall be provided with respect to all required coverages. All policies relating to this Lease shall be written so that the Landlord shall be notified of cancellation or change at least ten (10) days prior to the effective date of such cancellation or change. Certificates of insurance shall be filed in triplicate with the Landlord and shall state the limits of liability and the expiration date for each policy and type of coverage. Renewal certificates covering the renewal of all policies expiring during the life of this Lease shall be filed with the Landlord not less than ten (10) days before the expiration of such policies. The Tenant agrees that in the event that one or more claims are paid under policies containing an aggregate coverage limit, it shall immediately notify the Landlord thereof and at the same time shall either reinstate the limits of said policy or policies or obtain a new policy or policies providing full coverage in accordance with the limits established herein. Said replacement coverage shall be obtained within twenty-four (24) hours and the Landlord shall be notified thereof within said time. 9. INDEMNITY: Notwithstanding the foregoing Paragraph 8, the Tenant shall indemnify and hold the Landlord harmless absolutely from and against any and all claims, suits, actions, damages, costs, expenses or judgment, by reason of any actual or claimed injury to person and/or property or loss of life sustained in or about the Leased Premises during the term hereof. If the Landlord is made party to any litigation instituted against the Tenant, to which the foregoing indemnity relates, the Tenant shall pay all expenses, costs, damages, judgments and reasonable fees for counsel incurred by or imposed on the Landlord in connection therewith or as a result thereof. 10. INCREASED INSURANCE RATE: The Tenant shall not do, suffer to be done, or keep, or suffer to be kept anything in, upon or about the Leased Premises which will contravene the Landlord's policies of insurance insuring against loss or damage by fire or other hazards, including, but not limited to, public liability or which will prevent the Landlord from procuring such insurance policies from a reputable Company, licensed to sell such insurance in Connecticut in connection with any of the Landlord’s property that is contiguous or adjacent to the Leased Premises (“Landlord’s Property”). If anything be done, omitted to be done or suffered to be done by the Tenant or kept or suffered by the Tenant to be kept in, upon or about the Leased Premises, that shall cause the rates of fire or other insurance on the Landlord’s Property to increase beyond the standard rate from time to time applicable to the Landlord’s Property, or the Leased Premises to the extent that the Landlord may be required to insure same in addition to the Tenant’s obligation, the Tenant shall promptly pay, as additional rent, the amount of such increase upon the Landlord's demand. 11. PROPERTY LOSS OR DAMAGE: The Landlord or its agents shall not be liable for any damage to property of the Tenant or employees of the Tenant nor the loss or damage to any property of the Tenant, by theft or otherwise, unless caused by the willful negligence of the Landlord, its agents, servants or employees. The Landlord or its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow, or leaks from any part of the building in which the Leased Premises are located (“the Building”) or from the pipes, appliances or plumbing works or from the roof of the Building, the street or sub-surface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the willful negligence of the Landlord, its agents, servants or employees. The Landlord or its agents shall not be liable for any such damage caused by other tenants or persons in the Building or caused by operations in construction of any private, public or quasi-public work. The Tenant shall give immediate notice to the Landlord in case of fire or accidents in the Leased Premises or in the Building, or of defects therein or in any Building fixtures or equipment. If the Tenant shall move any safe, machinery, equipment, freight, bulky matter or fixtures which require special handling, the Tenant agrees to employ only persons holding a license to do said work and all work in connection therewith shall comply with any regulations, law or ordinance affecting such work. 12. ACCESS: The Landlord, its servants and agents, including representatives of the insurance company or companies carrying insurance on the Landlord’s Property and the Leased Premises, shall have the right to enter upon the Leased Premises during regular business hours and with reasonable advance notice (except for emergencies, then at any time) for any purpose, including, but not limited to, inspection of the Leased Premises or for repairs to the Building or the Landlord’s Property provided such entry does not interfere with the Tenant's use of the Leased Premises. 13. CONDEMNATION: In the event of a condemnation of the Leased Premises, which shall include a taking of all or a substantial part of the Building in which the Leased Premises are located, so that use of the Leased Premises by the Tenant is substantially interfered with, this Lease shall terminate at the option of either party, upon the filing of a statement of compensation on the land records. The rent shall be apportioned as of that date. The condemnation award shall belong solely to the Landlord. The Tenant shall be entitled to relocation costs, if any, provided said costs may be separately determined as an element of the award and not included in the determination of the value of the interest of the Landlord in the Leased Premises. In the event of a partial taking of the premises in such manner that the Tenant is able to continue without substantial modification to the Leased Premises and the use then being conducted on the Leased Premises, then this Lease shall remain in full force and effect. Any award for partial taking shall belong solely to the Landlord. Notwithstanding the foregoing, the Tenant reserves all rights it may have upon condemnation as set forth in the Connecticut General Statutes. 14. DEFAULT: (a) The occurrence of any of the following shall constitute a default of this Lease (“Default”): (1) Failure to pay rent, additional rent or any other monetary payment payable under this Lease, when same shall become due.  (2) Failure by the Tenant to perform or comply with any of the conditions contained in this Lease other than those referred to in the foregoing subparagraph (1), for a period of thirty (30) days after written notice thereof from the Landlord to the Tenant, except for any default not susceptible of being cured within such thirty (30) day period, in which event the time permitted to the Tenant to cure such default shall be extended for as long as shall be reasonably necessary to cure such default, provided the Tenant commences promptly and proceeds diligently to cure such default, and provided further that such period of time shall not be so extended as if it jeopardizes the interest of the Landlord in this Lease or subjects the Landlord to any civil or criminal liabilities. (3) Filing by the Tenant in any court pursuant to any statute, either of the United States or any state, of a petition in bankruptcy or insolvency, or for reorganization, or for the appointment of a receiver or trustee of all or a portion of the Tenant's property, or an assignment by the Tenant for the benefit of creditors. (4) Filing against the Tenant in any court pursuant to any statute, either of the United States or of any state, of a petition in bankruptcy or insolvency, or for reorganization or for appointment of a receiver or trustee of all or a portion of the Tenant's property, if within ninety (90) days after the commencement of any such proceeding against the Tenant such petition shall not have been dismissed. (b) Upon the occurrence of a Default, the Landlord may, at any time thereafter, proceed with all its equitable and legal remedies, including, but not limited to, an action for money damages and an action to obtain possession of the Leased Premises. (c) At any time after a Default and a termination of this Lease, the Landlord may relet the Leased Premises or any part thereof for such term and on such conditions as the Landlord, in its sole discretion, determine and may collect and receive the rent therefore. The Landlord shall in no way be responsible or liable for any failure to relet the leased property or any part thereof, or for any failure to collect any rent due upon any such reletting. The Landlord agrees to use reasonable efforts to relet the Leased Premises or a portion thereof, in its sole discretion, to mitigate the Tenant's damages. (d) Termination of this Lease shall not relieve the Tenant of its liability and obligations under this Lease, and such liability and obligations shall survive any such termination. In the event of any such termination, whether or not the Leased Premises or any part thereof shall have been relet, the Tenant shall pay to the Landlord the rent and additional rent required to be paid by the Tenant up to the time of such termination, and thereafter the Tenant, until the end of what would have been the term of this Lease in the absence of such termination, shall be liable to the Landlord for, and shall pay to the Landlord, as and for liquidated and agreed current damages for the Tenant's default: the equivalent of the amount of the unpaid rent and additional rent that would be payable under this Lease by the Tenant if this Lease were still in effect, LESS the net proceeds from any reletting, after deducting the Landlord's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, reasonable legal expenses, reasonable attorney's fees, alteration costs and expenses of preparation for such reletting. In case of any termination of this Lease, the Landlord and the Tenant, so far as permitted by law, waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties hereto against the other on any matter arising out of or in any way connected with this Lease, the relationship of the Landlord and the Tenant, the Tenant's use or occupancy of the leased property, or any claim of injury or damage to property. 15. SIGNS: All Tenant signage or other Tenant identification shall be of such design, size and location as approved in writing by the Landlord and shall comply with all zoning regulations of the City of Danbury. All Tenant signage or other Tenant identification shall be paid for by the Tenant. 16. NOTICES: Notices and demands required herein or permitted to be sent to those listed hereunder shall be sent either by first class mail, postage prepaid, Federal Express or other reputable overnight courier service, or shall be hand delivered and shall be deemed to have been given on the date the same is postmarked if sent by mail or the day deposited with Federal Express or such other reputable overnight courier service or the date on which it was hand delivered. All notices shall be sent to the following addresses: LANDLORD: CITY OF DANBURY 155 Deer Hill Avenue Danbury, CT 06810 ATTN: Mayor Roberto L. Alves TENANT: DANBURY MUSIC CENTRE, INC 254 - 256 Main Street Danbury, CT 06810 ATTN: Laura Flachbart, President or as such other addresses requested, in writing, by either party upon 15 days notice to the other party. 17. CHANGE OF ADDRESS: The persons and places to which notices are to be mailed may be changed from time to time by the Landlord or the Tenant upon written notice to the other.  18. LEASE RECORDING: The Tenant shall not record this lease without the Landlord’s prior written approval. 19. INTERPRETATION: In construing this Lease, the singular shall include the plural and the plural the singular, and the neuter gender shall include the masculine and feminine genders, and vice versa, as the context may require. Any provision of this Lease which is contrary to the law of the State of Connecticut shall be deemed stricken herefrom and the balance of this Lease shall remain fully in effect. 20. CAPTIONS: The captions of this Agreement are inserted for convenience in reference only and do not constitute a part of this Agreement and shall not be construed as defining or limiting in any way the scope or intent of the provisions hereof. 21. SUCCESSORS: This Lease shall be binding upon the parties hereto, and the respective successors, assigns, heirs, and legal representatives of the parties hereto. 22. MODIFICATION: This Lease contains the entire agreement between the parties and shall not be modified in any manner except by an instrument in writing executed by the parties. If any term or provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease shall not be invalid and shall be enforced to the fullest extent permitted by law. 23. WAIVERS OF LIEN: The Landlord herein reserves the right to request from the Tenant Waivers of Lien, to the extent allowed by Connecticut General Statutes, in the event the Tenant shall commence to do repairs to said Leased Premises. In the event the Landlord requests such Waivers of Lien, the Tenant shall have the same executed by all suppliers of material and labor to said Leased Premises prior to the commencement of said work. 24. COUNTERPARTS: This Lease may be executed in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single lease. 25. BROKER: The Tenant covenants, warrants and represents that there were no brokers instrumental in consummating this Lease, and that no conversations or prior negotiations were had with any broker concerning the leasing of the Premises. The Tenant agrees to hold the Landlord harmless and indemnify the Landlord for all losses, damages, liabilities, costs and expenses, including legal fees, arising out of or in connection with any claims for brokerage commission by any broker.  26. HAZARDOUS WASTE: The Tenant agrees that it shall not maintain any Hazardous Waste or petroleum product materials on, near, adjacent to, or in the Leased Premises. The Tenant further agrees that it shall be responsible for all costs, damages, or liability that may be incurred in connection with any hazardous waste discharge, spillage, or any other violation of any law in the event the Tenant stores or uses hazardous waste materials or petroleum products on, near, adjacent to, or in the Leased Premises. The Tenant further agrees to notify the Landlord within twenty-four (24) hours of any hazardous waste or petroleum products discharge or violation of this paragraph. The Tenant agrees that it shall be responsible for the cleanup of any discharge or spillage caused by Tenant. In the event of the Tenant's hazardous waste discharge or spillage, if required by the appropriate state or federal authority with jurisdiction over such discharge or spillage, the Tenant shall immediately have said soil tested by a firm specializing in said work and, if required, enter into a contract for the removal of said soils and replacing of soils with clean fill and for the replacing of any areas disturbed because of said, discharge or spillage. All of said work shall take place within one hundred twenty (120) days of knowledge of said discharge or spillage. In the event the Tenant fails to perform said work as set forth in this paragraph, then, in such event, the Landlord may cause the same to be completed and the Tenant shall be responsible for the payment of same within ten (10) days after presentation of bill to the Tenant for the work performed, together with all reasonable costs incurred by the Landlord in the performance of said work and repairing any damage to the entire premises and including any reasonable attorneys' fees incurred. Any monies paid by the Landlord in connection herewith shall be repaid to the Landlord together with interest at the prime rate plus two percent (2%) per annum until paid. 27. SURRENDER OF PREMISES: Notwithstanding anything to the contrary in this Lease, on the last day of the lease term, or on any sooner termination, the Tenant shall surrender the Leased Premises to the Landlord in the same condition as received, clean and free of debris, ordinary wear and tear excepted. The Tenant shall repair any damage to the Leased Premises occasioned by the installation or removal of its trade fixtures, furnishings and equipment, and, at the Landlord’s option, the Tenant shall restore the Leased Premises to the condition the Leased Premises were in prior to any Tenant Changes. 28. HOLDING OVER: If the Tenant, with the Landlord's consent, remains in possession of the Premises or any part thereof after the expiration of the term hereof, such occupancy shall be deemed an oral month to month tenancy upon all the provisions of this Lease pertaining to the obligations of the Tenant except, however, at the option of the Landlord, the monthly rent shall be fair market rent as determined by an MAI appraiser chosen by the Landlord.  29. PARKING: The Tenant shall have the non-exclusive use, in common with the Landlord and other tenants of the Landlord, to use the parking area owned by the Landlord and immediately adjacent to the Leased Premises, as designated from time to time by the Landlord. The Tenant shall abide by all parking rules and regulations as may be adopted from time to time by the Landlord. The Tenant shall be prohibited from servicing or repairing vehicles and from any overnight parking, storing or parking any unregistered, inoperable or unauthorized motor vehicle in said parking space. In the event the Tenant violates this paragraph, the Landlord may, in addition to any other available remedies, have said vehicles towed at the Tenant’s expense. 30. QUIET ENJOYMENT: The Landlord covenants to the Tenant, subject to the conditions and covenants herein contained on paying the rent and performing the covenants aforesaid, it shall and may peaceably and quietly have, hold and enjoy the Leased Premises for the term aforesaid. 31. ATTORNEY FEES: The parties agree that in the event either party defaults in the performance of any of the terms, conditions or covenants of this Lease and is required to use the services of an attorney to remedy such default, the prevailing party, as determined by a court of competent jurisdiction, shall be reimbursed by the non- prevailing party for reasonable attorney's fees and all reasonable costs and expenses incurred. Such expenses shall include, but shall not be limited to, court costs and sheriff’s fees. 32. STRICT COMPLIANCE: The Landlord’s failure to insist upon a strict compliance with any of the terms, conditions and covenants contained herein shall not be deemed a waiver of any rights or remedies that the Landlord may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants contained herein. 33. ABANDONMENT BY THE TENANT: It is expressly understood and agreed that if the Leased Premises shall be deserted or vacated or if the Tenant ceases to conduct normal business operations, the Landlord may, if the Landlord so elects, at any time thereafter, terminate this Lease as provided by statute and the term hereof, shall expire and come to an end. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals and to a duplicate of the same tenor and date, this ________ day of _________, 2025. LANDLORD TENANT CITY OF DANBURY DANBURY MUSIC CENTRE, INC By:_______________________________ By:______________________________ Roberto L. Alves Laura Flachbart Its Mayor, duly authorized Its President, duly authorized  SCHEDULE A (Property diagrams of the Leased Premises)  X X X X X= Shared Space between COD and DMC X=Reserved for the City of Danbury  ,�, ; ;: Ii :; : JJ : !! :: ii .. ��;-1��-t□i: .J � u iH•. _r'r.:�.:1 � � - ·)t) . -�-d:�� . i: Q Op �IL. 0 '[1� : ,; j 0 D �i J . O.-----,,I ;: I fr.·. tr 1 :- lur □- -·r:::! , ::::.: : �------l!��=-::�i:l : �::_ 1 _.____,,J ·-•• "·•l- ._ "'l.----- □·.·:.-�:::::.---.·-.·-:·:..___ D � ., I I I ' � I I I: • _____::::::I___ r:::; p u-P, . Tf t □ t� C � p : ! : 0 0 G=1 i l j i j' llliE=--===;,=t��b��•l/1,=�'�1 �-.--T 1 Basement Reserved for Use by DMC A1 Zurla Kistler ...,. .... ..... .. _ ,. '