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HomeMy WebLinkAbout92- Kurk Lease ..,.'- A ; '7/27 !Y;!,l . .' , 'r,<_!. [c)-; Pr'., .""'.. ',1,-- AGREEMENT ,""" THIS AGREEMENT, made and entered i~to this ..)7- day of .J '- \ ::> , 19 ,~ 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 JJb\..~~ ~'-'--( ~ or , 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: ---------- 1. Premises: For an 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 - w i,:t--r-- ~ \ :\:- . ~~ D wo..-\-<<-v t'..,-,,- Ej. <\,^-o;,',,,,^- l o-\- , b Gr-af 's r:ast---F-a-rk Langhor Pa-rk - Nor-th Half E~---A-e-r--e-s- New IIyali tc V-4.-ew PQ! k - Eact H.1.1f ~L-pn--.-r'E"O-"-~-rT'f.s -i- . . ./ . . .. 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 twenty percent (20%) of the baled vegetation or a cash amount equal to twenty percent (20%) of 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 twenty percent ( 2 OS'" ) 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. -2- . . . 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 fer any purpose other than normal farming without first obtaining consent of the City. The operator further agrees to comply with all state, county or city 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, fertilize the premises, 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. -3- . 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 g~ven 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, 11. Alterations or Improvements: No alteration, addition, or improvement to the premises shall be made by the Operator without the written consent of the City, ~..2, i;;l, o f ~.Yc.- -\ C " v.o .. \ \ \oQ. , \0 l + v...') C Ii \z. v-J ~ -\ ~ o -\- \... <Z. y- c..,^-~ ("Q 'S fC ... ., ,"- 0 0\..0 ,..e...v' ~ \el'...S~ ,^Cl\~<<'..Y-':> +c ~vc"':.1~,, s.C\~~ o ~ JLvc...s.- 0 \- ~ 0.... '-- ce s S t ~~ ~~j~ " ' ., . , .. , . IN WITNESS WHEREOF, the Parties hereto have executed t~iS Agreement the day and year first above written. CITY OF BOZEMAN ,\ ~~)'-. I 1 2 O~\ ~ ,-~_._, .' .. ., / 'i\ I ,'/: :-~li~ ." l'..,El/ '. '~i t~' '~~~~~ ;~~ operator Attest: ~oI~ Clerk of the City Commission -5-