HomeMy WebLinkAbout90- Gee Agricultural Lease
, " \\AA., 'C',. <: <J .( r' ,\.. ',t.l, ::,(
AGRICULTURAL LEASE
THIS AGREEMENT, made and entered into this 1st day of
July , 1990, by and between City of Bozeman,
municipal corporation of 411 East Main, Bozeman, Montana 59771-
0640, party of the First Part, herein called "Lessor," and
CLINTON GEE of 520 NORTH WALLACE , 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 situated, lying
and being in the county of Gallatin, state of Montana, as shown
on Exhibit "A" and more particularly described as follows;
NW 1/4, NE 1/4, Section 6, Township 2 South, Range 6 East,
P,M.M. containing an area of three (3 ) acres more or less.
2. Term.
To have and to hold said premises according to t11e provis ions
hereof for a period of three (3 ) years from July 1 , 19 90 ,
-
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 , Rental.
Lessee does hereby lease the said premises and agrees to pay
as rental therefor the sum of FORTY-FIVE DOLLARS ($45.00) per
annum, payable in advance, to Lessor at its office in Bozeman,
Montana, July I, annually.
- --------- --- -----------------------
,
4 . Repairs and Improvements,
Lessee agrees to protect all improvements upon said premises
and to keep all improvements, except the barn which is used for
City purposes, in reasonable good 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,
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,
Lessee further agrees that at the termination of this lease,
whether by expiration of its terms, 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.
-2-
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 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 installment of
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.
-3-
. , . ' "
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 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 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 fees.
-4-
. . . . ~ I .. III ,. , . ..
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 party 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 understandings 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 have set their hands and
seal the day and year herein above written.
CITY OF BOZEMAN--Lessor
~ 2.LJ~ l'
s City Manager ~
..n..TTEST:
~ _/ xf!p~
Clerk of the City Commission
LESSEE:
//':'. .i;~ )tJ? ~~/F
I..,. (A:............... '-
-5-