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HomeMy WebLinkAbout95- MT. Dept. of State Lands Special Use Agreement with City of Bozeman Special Use Agreement - page 1 SPECIAL USE AGREEMENT between the Montana Department of State Lands and City of Bozeman I. Purpose A. This Special Use Agreement is entered into by the Montana Department of State Lands (Lands), and the City of Bozeman, Montana (City). The former is an executive branch agency and the latter a municipal corporation of the State of Montana. This agreement is made for the purpose of permitting the City to lay, construct and maintain sewer and water pipelines in, through and across certain state trust land consisting of Lots 16 & 17 of the Gordon Mandeville State School Section Subdivision in Section 36, TIS, R5E, Gallatin County, (the property). It is understood and generally agreed that this work will benefit the property and increase its value to the trust. It is further understood that the state is not, by this agreement conveying any estate or interest in the property. The pipeline corridor(s) are more particularly described in Exhibit A, attached hereto. B. The Board of Land Commissioners of the State of Montana is authorized to direct and control the care, management and disposition of state lands by S 77-1-202, MCA. Management authority has been delegated to Lands by order of the Board dated April 8, 1971, Minutes of the Board, 371-14-45. II. Conditions A. No charge, bill, or fee shall be paid or payable by Lands, its' licensees or lessees for work performed under this agreement by the city, except for work reasonably re- quired to be performed due to the negligent or intentional act or acts of or by Lands, its licensees or lessees. B. Work conducted by the City under this agreement will be performed in compli- ance with all applicable State and Federal laws, rules, regulations and policies. C. Lands reserves all estates and interests to the property including the right to grant licenses, pennits, or leases for alternative or similar uses, provided said grants of licenses, permits or leases are consistent with this agreement. No property right or interest is intended to be conveyed by this Agreement. Special Use Agreement - page 2 III. Grant of Authority In consideration of the City's assumption of operation and repair of certain water and sewer lines as described herein, the City, its successor, permittees, licensees, and assigns and it and their agents and employees, may enter upon the above-described land by using existing roads or otherwise by a route causing the least damage and inconve- nience to Lands and it's lessees, licensees, and permittees, in order to: A. Operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; B. Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of this pipeline corridor which may, in the reasonable opinion of the City, interfere or threaten to interfere with or be hazardous to the construc- tion, operation and maintenance of the pipeline; and C. Grade the land subject to this pipeline corridor and extend the cuts and fills of this grading into and on land adjacent to the corridor to the extent the City may find reasonably necessary IV. Agreements by City The City agrees that: A. It shall operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline is such fashion so as not to unreasonably cause erosion, damage or injury to surrounding lands and improvements. B. That, in connection with the operating, patrolling, repairing, substituting, remov- ing, enlarging, replacing, and maintaining of said sewer and water pipelines, it will repair or replace, at its sole expense, or pay Lands, its lessees, and licensees the reasonable value of any damages to any and all improvements, including pavement, sidewalks, growing plants, buildings, appliances, and other appurte- nances of said land that may be disturbed by its operation. C. That during operations involving excavation, it will remove the topsoil from the trenched area to a depth of one foot, or to the full depth of the top soil, whichev- er is greater, and stockpile said top soil for replacement over the trench, provided however, that the City does not need to stockpile any topsoil mixed with signifi- cant amounts of rocks or other undesirable material. It will remove from the site any large rocks or surplus excavating material or any debris that may have been exposed by the excavation and remains after backfilling is completed. And, it will leave the finished surface in substantially the same condition as existed prior to the beginning of operations, including restoration of black-topped areas, cement - " walkways and the like, except that the surface of backfilled areas covered only by earthen-like materials may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. D. To lay, construct and maintain said pipeline in such manner as will not hinder or prevent the proper commercial or other use of the tract to which this agreement is hereby granted. E. When conducting work authorized under this agreement, the City shall comply with the following stipulations: 1. No roads shall be constructed without express authorization of the Divi- sion Administrator of the Lands Division; 2. No motorized vehicles shall be driven off existing roads except when off road use of motorized vehicles is reasonably necessary for the City to carry out its authority and obligations under this agreement; 3. Except as may be reasonably required in emergencies, the City shall provide not less than two working days notice to the Bozeman office of Lands and to its lessee of any entry for purposes of conducting ground- disturbing activities under this agreement. 4. The pipeline authorized by this agreement may not be used for service or access, or otherwise provide any benefit whatever to any other tract of land other than the state land through which it passes, except by proper application and issuance in writing of an appropriate easement from the State of Montana, or amendment of this agreement. Application for said appropriate easement shall be made to the Board of Land Commissioners in accord with all applicable laws and regulations at the time to be acted upon by it in exercise of such lawful authority. V. Agreements by Lands Lands agrees that: A. It will not build, construct, erect or maintain any permanent structure within the boundaries of the pipeline corridor during the term of this agreement without the prior consultation and consent of the City. This consent shall not be unreason- ably witlilield. B. It will not modify the finished grade of the land over the pipeline during the term of this agreement by removal of existing soil or by placement of fill material within the boundaries of this pipeline corridor without the prior written consent of the City. This consent shall not be unreasonably withheld. Special Use Agreement -page 3 Special Use Agreement - page 4 " C. The City may peaceably hold and enjoy the rights and privileges herein granted without any unreasonable interruption by Lands. D. The Lands Division agrees to waive use, license, lease and all other fees whatso- ever for work conducted by the City under this agreement. VI. Term A. The term of this agreement shall equal that of the current unexpired lease on the property plus any period thereafter in which the property is not leased but is or may be subject to preparations for leasing. This agreement shall be automatically renewed upon any subsequent lease of the property which continues use and/or existence of the pipelines subject to this agreement. It is the intent hereof that this agreement shall remain in effect so long as the pipelines remain in place and in use for benefit of this tract of state land only, as contemplated in this agree- ment. B. It is understood that this agreement is terminable by either party upon reasonable notice or not less than 30 days, provided that all obligations and rights of both parties under this agreement cease therewith, and provided that lessee's right under the unexpired lease or any subsequent lease has been terminated and the lessee is not a hold over tenant or otherwise remains on the tract of state land. Provided further, that all use and right to use of the pipelines by Lands and its lessees, licensees or permittees shall discontinue upon termination of this agree- ment. C. It is understood that in the event the State or its lessee or licensee wishes to revise the use and/or structures, utilities, or functions of all of part of the tract, that it may do so, including removal of the pipeline contemplated in this agreement, subject to the City's exercise of authority to regulate the same under it's police powers, pursuant to statutes, regulations, and/or ordinances then in effect. VII. Assignment The rights under this agreement are assignable, in whole or in part if necessary to accomplish its purposes, provided that notice is given reasonably promptly to Lands of any such assignment and approval is thereafter given by Lands in writing. It is understood that the work of the City may be performed by duly authorized contractors it agrees to bind to the terms of this agreement, provided however, in no case shall any such contracting or assigning of duties relieve the City of any responsibilities under this agreement. '''"- , ~f-6v"v\r---t -.t1// C") 'I ..' /. " . ---.. - l,J,2:f ~Q.c~ . '~;:; r\ _. Ii' "--..I .,- J L/ - i .J "'_....~... , '" .. VIII. Amendments This agreement contains the entire agreement between the parties, and no statements or representations, whether oral or written, made by either party shall be binding unless they are contained within this agreement or by other mutual written agreement and signed by all the parties. IX. Approved This agreement consists of 5 pages. A copy of the fully signed original shall have the same force and effect as the original for all purposes. To express the parties' intent to be bound by the terms of this agreement, the duly authorized representatives of the parties have executed this document on the dates set forth below. Montana Department of State Lands, by }.-2'1.... 9S- Date AI' R. Clinch, ComID sioner of State Lands City of Bozeman, by Date ATTEST: \;~ (/xl f&"-- Clerk of the CIty of Bozeman Special Use Agreement - page 5