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Home My WebLink About87- Marx Lease I I . ' . . . , , . . AGRICULTURAL LEASE THIS AGREEMENT, made and entered into this .y'.d- day of ~ven?hte.r-. , 198-2...., by and between City of Bozeman, a municipal corporation of 411 East Main, Bozeman, Montana 59771-0640, party of the First Part, herein called "Lessor, " and k?C) be'\-+ U /l4~"x of /7~ E J.1t J}~y c;n~r~.\~~elOai'-., party of the Second Part, herein ". ... called "Lessee." WIT N E SSE T H: 1. Premises Leased. For and in consideration of the rents to be paid and the covenants to be performed by Lessee as hereinafter set forth, Lessor does hereby demise, lease and let unto Lessee those certain lots, pieces or parcels of real estate situ- ated, lying and being in the County of Gallatin, State of Montana, more particularly described as follows: All that cemetery land not currently occupied by buildings, roads or graves lying in the Northeast Quarter (NE!.;r) of Section 18, Southwest Quarter (SW!.;r) of Section 8 and Southeast Quarter (SE!.;r) of Section 7, Township 2 South, Range 6 East, M.P.M. and as shown in read on the attached Exhibit "A" . 2. Term. To have and to hold said premises according to the provisions hereof for a period of five (5 ) years from and after the date first above written, and unless terminated upon notice in writing given by either party to the other not less than sixty (60 ) days prior to the end of the initial term or any annual extension thereof, unless sooner terminated as herein provided. 3. Consideration. I. HAY The Lessee shall pay to the City, at the City's option, either forty percent (40%) of the baled vegetation or a cash amount equal to forty percent (40%) of the value of the baled vegetation I I . ' . . . based on current market prices at the time the vegetation is baled or any combination thereof. All of the crops, whether severed or unsevered, shall at all times be owned and belong to the City until such time as they are harvested and the division thereof shall be made by the parties hereto. If the City opts to receive the actual bales, the Operator further agrees to stack the City's forty percent (40%) share at the site, free of all expense to the City, as soon as the vegetation is baled. If the City opts to receive the cash, it shall be payable within ten (10) days after the vegetation is sold but in no event later than one year from the date of baling. II. GRAIN The Lessee shall pay to the City a cash amount equal to thirty-three and one-third percent (33 1/3%) of the value of the crop which is harvested from the premises, based on current market prices at the time the crop is harvested. Payment is to be made annually within thirty (30) days after harvest. IV. FERTILIZER The City will participate in the amount of thirty-three and one-third percent ( 33 1/3%) of the cost of fertilizer for the grain field and forty percent (40%) of the cost of fertilizer for the hay field. v. HERBICIDE The City will participate in the amount of thirty-three and one-third percent ( 33 1/3%) of the cost for herbicides used on the grain field. VI. ALFALFA When necessary to reseed the alfalfa field to obtain a productive crop, the City will parti- -2- , . cipate in the amount of forty percent (40%) of the cost of the alfalfa seed. 4. Repairs and Improvements. Lessee agrees to protect all improvements upon said premises and to keep the same in reasonable good repair and bear all expenses of repairing fences, and other improve- ments. Lessee agrees to perpetuate the improved trails that are presently located on the premises. Any new improvements made during this lease shall remain on the land as property of the Lessor unless otherwise excepted by the terms of this lease. 5. Use of Premises. Lessee further agrees to utilize said premises in a good farmer-like manner and according to the ordinary methods of husbandry employed in the area and to commit no waste thereon. Lessee agrees he will not use or permit to be used any part of said premises for any purpose other than normal farming purposes or gazing purposes without first obtaining consent of the Lessor. Lessee further agrees to comply with all State or County laws and regulations regard- ing the control of noxious weeds. The City will participate in the cost of control of noxious weeds in the amount of one hundred per cent (100%) of the cost of the herbicides used for control of noxious weeds. 6 . No Assignment or Sublease. Lessee agrees that he will not assign this lease nor sublet the premises, or any part thereof, without first obtaining the written consent of Lessor. 7. Surrender of Premises to Lessor. Lessee further agrees that at the termination of this lease, whether by expiration of its term, by default or as otherwise herein provided, he will immediately surrender possession of said premises to Lessor with the improvements thereon in as good condition and repair as they now are; reasonable wear and tear and damage from the elements alone excepted. -3- . " 8. Lessor's Right to Terminate. Lessor hereby reserves and Lessee grants to Lessor the right to terminate this lease at any time upon sixty (60 ) days' written notice; provided, however, that if the Lessee has seeded and fertilized the premises and said sixty (60 ) days run prior to grain harvest or first cutting, this Agreement shall be extended until the harvest or first cutting has been completed. 9. Notice to Lessee. Notice may be given by Lessor to Lessee by mailing to Lessee at the address herein above stated, and notice shall be deemed complete when the letter is deposited in a United States Post Office, postage prepaid. 10. Defaults. Should Lessee default in the payment of any install- ment or rental or otherwise default in the performance of any term or condition of this agreement, Lessor may immediately reenter and retake possession of said premises, or any part thereof, without notice and without the necessity of resorting to any legal action whatsoever, without such reentry working a forfeiture of the rents to be paid, or at its option Lessor may cancel this lease and reenter and retake possession. 11. Right of Access. There is further reserved to the Lessor, its successors and assigns, the right of access and entry upon the lands to make field inspection, examinations, soil tests, and other evaluations in connection with a determination of the highest and best use of the lands herein leased. 12. Hold Harmless: Liability Insurance. Lessor shall not be liable in any manner to the Lessee, or to any other party or parties, for any loss, cost, damage or injury arising out of or in any manner connected with the use of said leased premises, or any part thereof, or arising out of or in any manner connected with the condition thereof or the previous maintenance thereof. Lessee shall indemnify -4- . . . " . and hold Lessor harmless from any and all injury, cost, loss, liability, expense or damage, or claim thereof. 13. Miscellaneous Covenants and Provisions. a. Lessee agrees that he will not use or permit the use of the demised premises contrary to any valid laws of the State of Montana or ordinance of the County of Gallatin and City of Bozeman and will save Lessor harmless from any and all claims for damages which may be sustained by reason of anything which may occur upon said premises or arise from the use or occupancy thereof by the Lessee. b. The covenants and conditions of this lease shall be deemed continuing and any forbearance by Lessor to enforce forfeiture on the occasion of one or more breaches thereof shall not be construed as a waiver of the right to enforce such forfeiture on any subsequent breach. c. It is mutually agreed and understood that in the event either party hereto shall bring any legal action against the other to enforce any right or obligation based upon this lease, the successful party in such legal action shall be entitled to recover in such action a judgment for all costs and expenses of any kind and nature whatsoever incident to the prosecution or defense of such action or the preparation thereof, including a reasonable attorney's fee. d. It is mutually agreed that time shall be of the essence of this lease and that the terms hereof shall bind the heirs, personal representatives, successors, and assigns of the parties hereto, but nothing in this paragraph contained shall be construed as a consent by the Lessor to any assignment of this lease or any interest therein by the Lessee except as provided in Paragraph 6 of this lease. _5_ . , . . . , .' e. It is mutually agreed that all prior under- standings of the parties, either written or oral are merged herein and that this document constitutes the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year herein above written. CITY OF BOZEMAN--Lessor ~)C. tJl L- Cl.ty Manager ATTEST: ~oZM~ Clerk of City Commission ,/ LESSEE:,/ -6- , ,', .~~.----_. ~ 1-4~ "- ------1-------- I''';! L1"" '.'1' _:~ ~:-)cA-I: ~ "I' _'P;:l · , ( I'i ' ._ _'.' - ,,,' I + . I " ...~~ J ' , " L" ~. \ : U .. ~ 1.....-1 ,------.... I = I '.1 ..' , . ;' C I' . ~tll ... (l~lJ l ~ -,------.. ~ ..,.,' I " · ' ," II ~'-- .'~ · " ' ' .. IT." " · ' ~..' ,_::-;:,)1 1 [:I - ." d l), ' 1 ~' .. ~ .01 I i==.I" 'If/ II 1 I - .... ,= ' ' . ....... ' . ._. ", ""-,,,...,.. ! :..... h II i' I't 1 1 1 , 1 ~~ i j 11 ' ,'" fL, I ' · I ' I' ill;;:::"o U' " 0 ,1 ' .: "i~lO \.. I-IF ; () : , [-=100::- 0 6 ~ ]:,..~" -~7... 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