HomeMy WebLinkAbout93- Marx Lease
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AGRICUL TURAL LEASE
,~2.., \;Ji-HIS AGREEMENT, made and entered into this/g ~ay of ri; h;;:LI a I(,y ,
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~ 19~ by and between the City of Bozeman, a municipal corporation of 411 East
Main, Bozeman, Montana, 59771...0640, party of the First Part, herein called "Lessor,"
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and Robert D. Marx of 776 East Valley Center Rd" Bozeman, Montana, 59715, 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, more particularly described as
follows:
The southeast quarter (SE %) and all that part
of the southwest quarter (SW%) lying east of
the County raod known as Mcllhattan Road,
all in Section 30, Township 1 South, Range 6
East, M,P.M., and excluding the active landfill
areas,
2. Term.
To have and to hold said premises according to the provisions hereof for a
period of two (2) years from and after the date first above written, and unless
terminated upon notice in writing be renewable in two-year increments thereafter,
3, Consideration,
I. PASTURE
The Lessee shall pay to the City the sum of Ten
Dollars ($10) per animal pair, per month, payable annually
on or before the first day of December, to Lessor at its
office in Bozeman, Montana.
II. HAY
The Lessee shall pay 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 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.
III. 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. HERS:CIDE
The City will participate in the amount of one
hundred percent (100%) of the cost for herbicides used on
the grain field.
VI. ALFALFA
When necessary to reseed the alfalfa field to obtain
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a productive crop, the City will participate in the amount of
forty percent (40%) of the cost of the alfalfa seed.
4. Reoairs and Imorovements.
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
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 purposes 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
weed s.
Lessor reserves the right to continue use of a small portion of the pasture for
shooting range on an occasional basis,
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 posssssion 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, that if the
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Lessee has 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 installment 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. Riqht 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: Liabilitv 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
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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 the 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,
e. It is mutually agreed that a!! prior understand!ngs of the
parties, either written or oral are merged herein and that
this document constitutes the entire understanding of the
parties.
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. , . 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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ATTEST:
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Clerk of City Commission
LESSEE:
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