HomeMy WebLinkAbout89- Boy Scout Troop 673 Agreement
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AGREEMENT
THIS AGREEMENT, made and entered into this ;).0
day of -:f" I) , 1989, by and between the city of
Bozeman, a municipal corporation of 411 East Main street,
Bozeman, Montana 59715, hereinafter referred to as the
"City" and Boy Scout Troop #673, c/o John Ned Myers,
2820 colter Avenue, Bozeman, MT 59715, hereinafter referred
to as the "Operator."
WHEREAS, the City owns certain land that requires mowing
and disposal of vegetation growing thereon; and
WHEREAS, the Operator wishes to mow such vegetation and
remove it from the land.
WIT N E SSE T H:
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1. Premises: For and in consideration of the consideration
to be paid and the covenants to be performed by the Operator
as hereinafter set forth, the City does hereby authorize the
operator to mow and bale the vegetation on that certain real
property located in the City of Bozeman, county of Gallatin,
State of Montana, and more particularly described as follows,
to-wit:
Graf Park - Fifteen ( 15 ) acres (approximate) .
2. Term: This Agreement shall be in force three ( 3 ) years
- from and after the date first above written, unless sooner
terminated as herein provided.
3 . Consideration: The operator shall pay to the City, at
the City's option, either five percent (05%) of the baled
vegetation or a cash amount equal to five percent (05~o ) of
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the value of the baled vegetation 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 five percent
(05%) 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.
4 . Repairs and Improvements: The Operator agrees to protect
all improvements upon said premises and to keep the same in
reasonably good repair and bear all expenses of repairing
fences and other improvements.
5. Use of Premises: The Operator further agrees to utilize
-- said premises in a good and husbandlike manner and according
to the ordinary and accepted methods of husbandry employed in
the area and neither to commit nor permit any waste thereon.
operator agrees that he will not use or permit to be used any
part of the premises for any purpose other than normal
farming without first obtaining consent of the City. The
Operator further agrees to comply with all state or county
laws and regulations regarding the control of noxious weeds
at the sole expense of the operator and to hold the City
harmless from said control of noxious weeds.
The operator may, at his own expense, water the
premises. The Operator may also fertilize the premises.
The City may, at its option, pay a portion of the cost of
fertilizing up to, but not exceeding, five percent (05%) of
the total cost.
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6 . No Assignment: The Operator agrees that he will not
assign this Agreement or any part thereof, without first
obtaining the written consent of the City.
7 . The City's Right to Terminate: The City hereby reserves
and operator grants to the City the right to terminate this
Agreement at any time upon sixty ( 60) days' written notice,
provided, however, that if the operator has fertilized the
premises and said sixty (60) days runs prior to any cutting,
this Agreement shall be extended until the first cutting has
been completed.
8. Liability: The operator agrees to indemnify and save
harmless the City, its officers, agents and employees against
and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted
for injuries to or death of any person or persons, or damages
to property arising out of, resulting from or occurring in
connection with the performance of the work herein specified.
The Operator assumes all responsibility and agrees to
reimburse the City for any damage to property of the City
caused by or occurring in connection with doing any work
hereunder.
9. Notice: Notice may be given by either party to the other
by mailing, postage prepaid, to the address hereinabove
stated.
10. Right of Entry: The City, or its agents, shall have
the right to enter the premises at all reasonable times.
This right of entry shall not be deemed to impose upon the
City any obligation, responsibility, or liability for the
care, supervision, repair, operation, or use of the premises,
other than as is herein specifically provided. Such reentry
shall not interfere with the use of the Operator.
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1I. Alterations or Improvements: No alteration, addition,
or improvement to the premises shall be made by the operator
without the written consent of the City.
IN WITNESS WHEREOF, the Parties hereto have executed
this Agreement the day and year first above written.
CITY OF BOZEMAN
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I ' Operator
Attest:
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clerk of the City Commission
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