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HomeMy WebLinkAbout96- Marx Lease (2) . , . ~ AGRICUL TURAL 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 ofthe 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: All that cemetery land not currently occupied by buildings, roads or graves lying in the Northeast Quarter (NE'i'4) of Section 18, Southwest Quarter (SW'i'4) of Section 8, and Southeast Quarter (SE'i'4) of Section 7, Township 2 South, Range 6 East, M.P.M. 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: Lessee shall pay to the Lessor, as rental for the demised premises, the sum of Six Hundred Twenty-five and Noll 00 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. As additional consideration, the Lessee shall, as much as is practical, use crop practices that are suitable for winter recreational uses, including but not limited to cross country skiing and sledding. 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, 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 Agricultural Lease Page 1 . , , situated upon the property and further agrees to perpetuate the improved trails that are presently located upon the premises and 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. 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, and the recreational uses contemplated in Section No. 3 above, without the prior written consent of the Lessor. Lessee further agrees to conduct his activities in compliance with all State or County laws and regulations regarding the control of noxious weeds. 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 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 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 Lessee: 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. 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 Agricultural Lease Page 2 . L -" re-take possession of the premises, or any part thereof, without notice and without the necessity ofrcsorting 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 rc-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. 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 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 reasonable attorney's fees. d. It is mutually understood and agreed that time shall be of the essence of 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 the Lessor to any assignment of this Lease, or any interest therein by the Lessee, except as provided in paragraph 6 of this Lease. Agricultural Lease Page 3 ; - e. It is mutually understood and agreed that all prior understandings of the parties, either written or oral, are merged herein and this document constitutes the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and Seal the day and year first above written. LESSOR: CITY OF BOZEMAN James E. Wysocki City Manager ATTEST: (?~/ ~$~ Robin L. Sullivan Clerk of the Commission Robert D. Marx STATE OF MONTANA ) ) ss. County of Gallatin ) On thiS~ day of ~t , 1996, before me, the undersigned, a Notary Public for th State of Montana, personally appeared JAMES E. WYSOCKI and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the 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 Agricultural Lease Page 4 . . . . , -- - -- -- -- - day and year first above written. ~- .~ (SEAL) Notary Public for the State of Montana Residing a~ B.ozeman~ Motan.a 20 ,q c:t My Commission Expues STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ day of J' u..~ ' 1996, before me, the undersigned, a Notary Public for the State of Mont , personally appeared ROBERT D. MARX, known to me to be the pcrson whose name is subscribed to the within instrument, and acknowledgcd 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) cfJ~s.~ -:: - -:- Notary Public for the State of Montana - - Residing at Bozeman, Montana - - -- -- . My Commission Expires J'v-.-...I;A...4:....... I e '2000 - / , . ~-~~'....~. - Agricultural Lease Page 5