HomeMy WebLinkAbout96- Marx Lease
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AGRICULTURAL LEASE
THIS AGREEMENT, made and entered into this 22nd day of
August , 1996, 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 ROBERT D. MARX, of 776 East Valley Center Road, Bozeman, Montana
59715, hereinafter referred to as "LESSEE".
WITNESSETH:
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 Southeast Quarter (SElf..) and all that part of the Southwest
Quarter (SWlf..) lying East of the County Road known as
McIlhattan Road, all in Section 30, Township 1 South, Range 6
East, M.P.M., 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 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:
a. Pasture: The Lessee shall pay to the Lessor the sum of Ten Dollars
($10.00) per animal pair, per month, payable annually on or before the first day of December at
Lessor's office in Bozeman, Montana.
b. Crop; Lessee shall pay to the Lessor, as rental for the demised premises,
the sum of Six Hundred Twenty-five and No/lOO Dollars ($625.00) per year for each year that
this Lease remains in full force and effect. This payment shall be made to Lessor annually on
or before the first day of December, at Lessor's office 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 repair as the same shall be at the time this Lease is executed,
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reasonable wear, tear and damage by the elements excepted. Lessee agrees to assume the duties
and costs of performing normal maintenance of existing fences and all other improvements
situated upon the property and further agrees that 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. Lessor agrees to assume the materials costs of erecting any new fence( s)
needed to maintain the integrity of the pasture ground made necessary by Lessor's landfiIl related
operations.
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
thc Lessor. Lessee further agrees to conduct his activities in compliance with all State or County
laws and regulations regarding the control of noxious weeds.
Lessor reserves the right to continue to use a small portion of the pasture for a
shooting range on an occasional basis.
6. No Assignment 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 Prcmises 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 state of repair
as the same now are, reasonable wear, tear and damage from the elements 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 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 Lessec:
Notice may be given by Lessor to Lessee by mailing the same to Lessee at the
address provided herein. Notice shall be deemed delivered when the notice is deposited with the
United States Post Office, first class postage prepaid.
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10. Defaults:
Should Lessee default in the payment of any rental, or otherwise default in the
performance of any term or condition of this agreement, Lessor may immediately re-enter and
re-take possession of the premises, or any part thereof, without notice and without the necessity
of resorting to any legal action whatsoever, without such re-entry working a forfeiture of the rents
to be paid, or at its option, Lessor may cancel this Lease and re-enter and re-take possession.
11. Access:
There is further reserved unto the Lessor, its successors and assigns, the right of
access and entry upon the lands to make field inspections, examinations, soil tests, and other
evaluations in connection with a determination of the highest and best use of the lands herein
leased. Should any such testing be disruptive of planted crops, Lessee will be notified and fairly
compensated for damaged crops.
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 or City
of Bozeman and will save Lessor harmless from any and all claims for damages which may be
sustaincd 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 reasonable attorney's fees.
d. It is mutually understood and agreed that timc shall be of the essence of
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this agreement and that the terms hereof shall bind the heirs, personal representatives, successors
and assigns of the parties hereto, but nothing in this paragraph shall be construed as a consent
by thcLessor to any assignment of this Lease, or any interest therein by the Lcssee, except as
provided in paragraph 6 of this Lease.
e. It is mutually understood and agrced that all prior understandings of the
partics, either written or oral, are merged hercin and this document constitutes the entire
understanding of the parties.
IN WITNESS WHEREOF, the parties hereto havc sct their hands and Seal the day and
year first abovc writtcn.
LESSOR:
CITY OF BOZEMAN
5) ( ~~
,c,.
ames E. Wysocki
ity Manager
ATTEST:
(2~/~
Robin L. Sullivan
Clerk of the Commission
LESSEE:
Robcrt D. Marx
STATE OF MONTANA )
) ss.
County of Gallatin t1Ji )
On this ~ day of , 1996, beforc me, the
undersigned, a Notary Public for the tate of Montana, personally appearcd JAMES E.
WYSOCKI and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the
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Commission, respectively, of the City of Bozeman and the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed the same for and on behalf
of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEA~) ,
JJi flJm bUJWQJUlL
- -. Notary Public for the State of Montana
~ Residing a~ B.ozeman: Montlj ':;;;0 _ q~
My CommIssIOn ExpIres --
STA TE OF MONT ANA )
) ss.
County of Gallatin )
On this ~ day of S '-.l l~ ' 1996, before me, the undersigned,
a Notary Public for the State of Montana, ersonally appeared ROBERT D. MARX, known to
me to be the person whose name is subscribed to the within instrument, and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL) C)9~~-
-- Notary Public for the State of Montana '
Residing at Bozeman, Montana
- My Commission Expires Sv....."'--"t~ ) 9; (oof)
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