HomeMy WebLinkAbout95- Dayhuff Agricultural Lease
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AGRICULTURAL LEASE
THIS AGREEMENT, made and entered into this 5th
day of June , 1995, by and between the City of
Bozeman, a municipal corporation located at 411 East Main Street,
Bozeman, Montana 59715, hereinafter referred to as "LESSOR", and
Steven G. Dayhuff of 6981 Bristol Lane, Bozeman, Montana,
hereinafter referred to as "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 property situated, lying and being
in the County of Gallatin, State of Montana, and more particularly
described as follows:
The South Half of the Southeast Quarter of the
Southeast Quarter (S~SEXSEX) of Section 1, Township
3 South, Range 5 East, M.P.M., containing
approximately 20.2349 acres, more or less,
according to a plat and survey thereof entitled
Mountain Shadows Estates Masterplan, a subdivision
in Gallatin County, Montana, filed in the office of
the County Clerk and Recorder of Gallatin County,
Montana on the 6th day of October 1970.
2. Term:
To have and to hold said premises according to the
provisions hereof for a period of three (3) years from and after
the date first above written, 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. Consideration:
Lessee shall pay to the Lessor, as rental for the demised
premises, the sum of $400.00 per year. This payment shall be made
to Lessor annually on or before the first day of July and shall be
paid to Lessor at its principal offices in Bozeman, Montana.
4. Repairs and Improvements:
Lessee agrees to protect all improvements upon said
premises and to keep the same in as good condition and state of
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repair as the same shall be at the time this Lease is executed,
reasonable wear, tear and damage by the elements excepted. Any new
improvements made during the term of this Lease shall remain on the
land as property of the Lessor unless otherwise excepted by the
terms of this Lease.
The parties further agree that as of the date of this
Lease Agreement, the fences which surround the leased premises may
need repair and/or replacement during the term of this Lease. In
this connection, and provided that it is mutually agreed upon by
the parties in writing, such repair and/or replacement shall be
accomplished during the term of this Lease. Lessor shall bear the
cost of the materials necessary to effect this repair/replacement
and Lessee shall provide the labor.
5. Use of Premises:
Lessee agrees to utilize said premises in a good farmer-
like manner and according to the ordinary methods of husbandry
employed in the area and to commit no waste upon the property.
Lessee agrees that he will not use, or permit to be used, any part
of said premises for any other purpose than normal farming or
grazing purposes without the prior written consent of the Lessor.
Lessee further agrees to comply with all State or County laws and
regulations regarding the control of noxious weeds.
6. No Assiqnment or Sublease:
Lessee agrees that he will not assign this Lease nor will
he sublet the premises, or any part thereof, without the prior
written consent of the 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 provided herein, he will immediately surrender possession
of said premises to Lessor with the improvements thereon in as good
condition and repair as the same now are, reasonable wear, tear and
damage from the elements alone excepted.
8. Lessor's Riqht 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 Lessee has seeded
and fertilized the premises and said sixty (60) days run prior to
grain harvest or first cutting, this Lease shall be extended until
the harvest or first cutting has been completed.
9. Notice to Lessee:
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