HomeMy WebLinkAbout99- Agreement with Doug Kurk
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AGREEMENT
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THIS AGREEMENT, made and entered into this ~/ day of ..j lMt\.. €- ,1999,
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 DOUG KURK, 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.
WITNESSETH:
1. Premises: For and in consideration ofthe 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
wit:
Water Plant expansion lot - - approximately 24 acres
2. 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 sole discretion,
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 (20%) 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 premisese and to keep the same in reasonably good repair and bear all expenses of
repairing fences and other improvements.
5. Use of Premises: The Operator further agrees to utilize said permises 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 for any purpose other than normal
farming without first obtaining consent of the City.
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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 therof, 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'
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.
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 given by either party to the other by mailing, postage
prepaid, to the address hereinabove stated.
10. Right to Entrv: 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 ofthe
premises, other than as is herein specfically provided. Such re-entry shall not interfere with the
use ofthe 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.
Operator will be responsible to work with other owners and lease holders to
provide said operators access.
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, IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first
above written.
LESSOR:
CITY OF BOZEMAN
By: 1 j--
Clark V. Johnson
City Manager
ATTEST:
~ 01 vl~~
Robin L. Sullivan
Clerk of the Commission
LESSEE:
()~. ^ I.IL
DougKurk J I
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STATE OF MONTANA )
) ss.
County of Gallatin )
On this 22f'ol day of ~1t- , 1999, before me, the undersigned a
Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON 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
day and year first above written.
(SEAL)
VJ..p)PA/lL-- ifj~{~
Notary Public for teState of ontana, residing at
Bozeman. :3/25/113
My commission expires
STATE OF MONTANA )
) ss.
County of Gallatin )
On this 7-tV day of JttN1i- , 1999, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared DOUG KURK,
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- y-f.<ar first above written.
- (SEALJ;
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\JMJLv\.1- &UU~.-
Notary Public for the State 0 ontana resldmg
at Bozeman 3/75103
My commission expires