HomeMy WebLinkAbout89- Clark Agricultural Lease
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AGRICULTURAL LEASE
THIS AGREEMENT, made and entered into this 24th day
of July ,1989, by and between City of Bozeman, a municipal
corporation of 411 East Main street, Bozeman, Montana
59771-0640, party of the First Party, herein called "Lessor,"
and J. Mike Clark of 39 Border Lane, Bozeman, 1'1ontana 59715,
party of the Second part, herein called "Lessee. "
WIT N E SSE T H:
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1. Pl-emises 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
situated, lying and being in the county of Gallatin, state of
Montana, more particularly described as follow~: :
A portion of the S 1/2, SE 1/4, Section
1, Township 3 South, Range 5 East, M.P.H.
containing 18.6 acres more or less.
2. Term.
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To have and to hold said premises according to the
provisions hereof for a period of three ( 3 ) years from the
first day of July 1989, 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 in.i tial term or any
annual extension thereof, unless sooner terminated as herein
provided.
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3 . Rental.
Lessee does hereby lease the said premises and agrees ~~~,~
One Eighty ~ '. \
to pay as rental t~erefor the sum of Fetff Hundred ~~e~~
$180f\2J~
F~~ Dollars ($4~~) -r annum, payable in advance, to Lessor
at its office in Bozeman, Montana, Ju 1 y 1, annually.
4. Repairs and Improvements.
Lessee agrees to protect all improvements upon said
premises and to keep the same in reasonable gOQd repair and
bear all expenses of repairing fences, and other
improvements. 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.
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Lessee further agrees to utilize said premises in a
good farmerlike 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 or grazing purposes without first obtaining
consent of the Lessor. Lessee further agrees to comply
with all State or County laws and regulations regarding the
control of noxious weeds at the sole expense of the Lessee
and to hold Lessor harmless from said 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.
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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
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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.
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, in the event of
such termination, that if the Lessee shall have paid rental
in advance for the period during which this lease is
cancelled, an amount shall be repaid to Lessee proportionate
to the unexpired period for which the rental has been paid
in advance, and with consideration to be given for any
unharvested crops.
9. Notice to Lessee.
Notice may be given by Lessor to Lessee by mailing to
LE'ssee 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 installment
or rental or otherwise default in the performance of any term
01- 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 succeSS01'S
and assigns, the right of access and entry upon the lands to
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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.
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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 conditions thereof
or the previous maintenance thereof. Lessee shall indemnify
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 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
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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.
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
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:;:::--lA/V~ 6; L.A ~'eRr'~
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City Manager
ATTEST:
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Cler of the City Commission
LESSEE:
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( ~~i"4~ . . , .
;. THE CITY OF BOZEMAN
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t.." :V, 35 NO. BOZEMAN AVE. P.O. BOX 640
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~.... . -," ... H CARNEGIE BUILDING PHONE (406) 586~3321
';. Q . " _'~'..- -" -If~ BOZEMAN, MONTANA 59771-0640
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"",. 0+-' August 18, 1989
"-"".1,. co "'.,'
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Mr. Mike Clark
39 Border Lane
Bozeman, Montana 59715
Re: Agricultural Lease
Dear Mr. Clark:
Enclosed please find a copy of the fully executed
Agricultural Lease for the Water Fund lands near Mystic
Heig11ts Subdivision. Thank you for your interest in working
with the City of Bozeman.
Should you have any questions please feel free to contact me.
Sincerely,
rUtJ ;/ ~
j .~ -
P~illiP/~' torbes
Director of Public Service
cc: John McNeil, Parks Superintendent
Fred Shields, Water and Sewer Superintendent
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
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19 2? '1 2685
Received From .a", k
Address
{) N ("{ "..1"'1 )f- 0"
I" <> ~ Dollars $ u--
For L-e ~ S~ -
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ACCOUNT HOW PAID
AMT. Of CASH
ACCOUNT
AMT. PAID CHECk ~ c;, -v-J~
BAlANCE MONEY By
OUE ORDER
I 81< 808 A,g?IFORM
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