HomeMy WebLinkAbout85- Department of Fish, Wildlife and Parks Lease Agreement
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LEASE AGREEMENT
THIS INDENTURE OF LEASE made and entered into this 19th
day of February , 198.2-' by and between the
following:
City of Bozeman, a Montana municipal
corporation, P.O. Box 640, Bozeman,
Montana 59771-0640 (City, or Lessor)
and
State of Montana by and through the
Department of Fish, Wildlife and Parks,
1420 East 6th Avenue, Helena, MT 59620
(Department, or Lessee)
R E C I TAL S
Both parties desire to have the following described
property operated as a State Recreation area by the
Department.
WITNESSETH:
In consideration of the terms and conditions set forth
in this agreement the parties agree as follows:
1. Description.
The Lessor leases to the Lessee a portion of an area
referred to as Glen Lake State Recreation Area selected by
the 1983 Legislature through House Bill 833 and situated
in Section 31, TlS, R6E, M.P.M. , Gallatin County, Montana,
more particularly described as follows:
A TRACT OF LAND, being a portion of the West
Half of Section 31, Township 1 South, Range 6
East, Principal Meridian Montana, Gallatin County,
Montana, being further described as follows:
Beginning at the West Quarter corner of said
Section 31 at a found steel stake with nickel cap
marked RLS l853;
Thence on and along the northerly boundary
line of the Southwest Quarter of Section 3l, N
88034'07" E a distance of 709.50 feet as per
C.O.S. 157 as filed with the Gallatin Co. Clerk
& Recorder's office, and the true point of
beginning;
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Thence continuing on and along the easterly
property boundary of said C.O.S. No. l57, S
02033'l2'' E a distance of 306.07 feet;
Thence S 35016'56" E a distance of 1377.39
feet to a found point established by City of
Bozeman Warranty Deed, Book 18, page 55l, as filed
with the Gallatin Co. Clerk and Recorder's Office,
and common with the Northwest corner of Montana
Power Company Property as described in Book l7,
page l4l8, as filed with the Gallatin Co. Clerk
and Recorder's Office.
Thence to a point established by field survey
by Morrison-Maierle, Inc. , July 27, 1984, N
32Ol0'08" E for a distance of 390.00 feet;
Thence S 55Ol9'52" E for a distance of 974.5l
feet to the Easterly Boundary line of the
Southwest Quarter of Section 31;
Thence on and along said easterly boundary of
the Southwest Quarter of Section 31, N 02008'13" W
a distance of 349.l7 feet to the East sixteenth
corner of the Southwest Quarter of Section 32; as
per C.O.S. 27A of the NE Annexation to Bozeman as
filed at Gallatin County Clerk and Recorder's
Office.
Thence on and along said easterly boundary of
the Southwest Quarter of Section 31, N 02003'19" W
a distance of 1350.20 feet to the center of
Section 3l, as per C.O.S. No 885 as filed with the
Gallatin Co. Clerk and Recorder's Office.
Thence on and along the northerly boundary
line of the Southwest Quarter of said Section 3l
S 88034'07" W a distance of l757.46 feet to the
true point of beginning.
The above described tract, GL-l contains
47.013 acres, more or less, and is depicted on
Certificate of Survey No. l22l, as filed and of
record in the office of the Gallatin County Clerk
and Recorder.
This lease is subject to all existing rights of way,
easements, licenses and permits, whether or not of record,
and to all exceptions and reservations of record.
2. Use.
The property shall be used for a State Recreation area
open to the public and administered by the Lessee. Lessee
agrees that it will not use or permit to be used any part of
said property for any purpose other than that of a State
Recreation area without first obtaining written consent of
the Lessor. The property shall be used for the sole and
exclusive use of Lessee and the Lessor relinquishes use of
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the property for any purpose unless approval is gained in
writing from the Lessee. Except, however, that the Lessor
may continue to use the road which runs in a northwesterly
direction from the southeast corner of the property to gain
access to the land which is not a part of the lease and lies
alongside the southern boundary of the property until such
time as Lessor constructs an alternate access road off the
property.
3. Term.
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The initial term of this Lease shall be for a period
of ten (lO ) years from the date of this Lease and shall
automatically renew for successive ten (lO ) year periods
unless terminated by notice of either of the parties as
provided hereinafter.
4. Termination.
This lease may be terminated at the end of any ten (10)
year period by the party desiring to terminate by giving to
the other party notice in writing no less than one hundred
eighty (l80) days prior to the end of term.
This lease shall be terminated if at any time the land
is no longer used for or is not suitable for the benefit of
the public for public recreation. If any terms of the lease
are violated by a party the other party must give notice of
the violation and allow 90 days for the violating party to
correct the violation. If not corrected at the end of 90
days the lease shall be terminated. The parties recognize
that the part of property located west of the East Gallatin
River was once operated by the Lessor as a city dump site,
hereinafter referred to as the "dump site." If it is
determined that the property is not safe because of the
dump site, the Lessor may take whatever measures are
necessary to make the property safe, or if the Lessor choose
not to correct the hazard, the Lessee shall be freed from
all terms and conditions of the Lease and the Lease shall be
declared null and void by the parties hereto.
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5. Rental.
No monetary rental shall be payable by the Lessee to
the Lessor. The benefits derived from this Lease are hereby
acknowledged to be sufficient and substantial consideration.
The real property leased shall be used in conjunction with
other properties owned and operated by the Lessee.
6. Maintenance and Improvements.
The Lessee shall maintain the leased property in
conjunction with the other Glen Lake park land administered
by the Lessee. The Lessee shall be responsible for
maintenance of all site improvements. The Lessee shall
cover the dump site with top soil to facilitate the growth
of natural grasses and operate the property as open space.
The Lessee shall install wells to monitor the dump site
for toxic waste, gases and other dangers to the public.
The Lessee may make improvements and changes to the
area to enhance recreation for the general public, but
shall not install enclosed buildings or facilities for
concentrated organized recreational activities on the dump
site.
The Lessee shall not permit, commit, suffer or cause
any waste on the property. Lessor shall cease using or
permitting use of the dump site for disposal of any type of
waste or refuse.
7 . Liability.
It is expressly understood and agreed that the Lessor
shall not be liable for damages or injuries incurred as a
result of public use of the area during the term of this
Lease, except that the Lessee will not be liable for any
damage to persons or property that result from the Lessor's
past use of the site as a dump.
8. Use Fees.
The Lessee may charge fees for the use of the area
providing fees are reasonable and equitable when compared to
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fees charged for like services at other areas operated by
the Lessee.
9. Regulations.
The Lessee shall manage and regulate use of the area
and may establish rules and regulations for the administra-
tion of the area.
lO. Amendments or Modification:
Any amendments of this Lease shall be made in writing
and executed in the same manner as the original lease and
shall after execution become a part of this lease.
l1. Transfer of Property.
Lessor agrees not to sell the above-described real
property, that the same shall be offered to Lessee and
Lessee shall have the option of accepting the donation of
the property as outlined in paragraph l3.
l2. Liaison.
City designates the City Manager as its liaison for
this lease. Department designates Regional Supervisor of
Region 3, Bozeman, as its liaison for this lease. The
parties agree that all activities of either party to this
lease will be coordinated through the designated liaisons.
13. Donation.
This lease agreement shall be reviewed every five years
by the parties hereto; at those times the Lessor agrees to
donate the property to the Lessee if the Lessee requests the
donation in writing.
The donation will be by warranty deed. The conveyance
shall be subject to all existing rights of way, easement,
licenses and permits, restrictions, whether or not of
record, and to all exceptions and reservations of record.
The Lessor agrees that prior to the donation it will remove
all financial encumbrances deemed unacceptable to the
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Lessee. Lessee shall give written notice of such financial
encumbrances at the time it requests the donation.
The parties further agree that, in addition to the
Lessor's execution of a warranty deed, they shall execute an
agreement to the effect that if the Lessee shall cease to
operate the property as a State Recreation area, it shall
offer to deed the property back to the Lessor by grant deed.
The Lessor may accept or reject the Lessee's offer in
writing. Upon receipt of a rejection, the Lessee may keep
or dispose of the property as it deems appropriate.
14. Inspection.
Lessor and its representatives shall have the right to
enter upon the property at any reasonable time in order to
inspect it and determine if Lessee is in compliance with
this lease, and the Lessee shall permit the Lessor and its
representatives to enter upon and inspect the property at
any reasonable time.
l5. Liens.
Lessee agrees to keep the property free of all liens
during the existence of this lease or any renewals thereof
and it is expressly agreed that the Lessor shall not be
liable for any obligation incurred on or in connection with
said premises by the Lessee. It is agreed that no liens may
be filed against the Lessor's interest herein by reason of
such obligation.
l6. No Waiver of Enforcement.
The covenants and conditions of this lease shall be
deemed continuing and any forbearance by either party to
enforce termination on the occasion of one or more
violations thereof shall not be construed as a waiver of the
right to enforce such termination on any subsequent breach.
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l7. Severability.
The provisions of this lease are severable and the
invalidity or unenforceability of any provision of this
lease shall not affect or impair any other provision.
IN WITNESS WHEREOF we have hereunto set our hands and
seals this 19th day of February , 1985 .
Approved as to Form:
Montana Department of Fish, Wildlife
and Parks Attorney
Parks Attorney
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LESSEE: State of Montana, Department of Fish,
Wildlife and Parks
By ~lA/ ~AAA~
J~ W. Flynn, Director ' v
Approved:
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LESSOR: The City of Bozeman
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By -Q 'v-."-Q...l) C/ A W , ~,
Its City Manager ~
ATTEST:
~o<Ah~ion
APPOOYm t\5 1m :r~~?
--(p I: ~ 5 ;f Lt ') 1..-6 \______
City Attorney
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Ii THE CITY OF BOZEMAN
.~ 411 E. MAIN ST. P.O, BOX 640 PHONE (406) 586-3321
Q ,'..' , , "t.
f * ~"~"..~""",, '.", *~ BOZEMAN, MONTANA 59715-0640
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t".( 88 "'~
'f~ "of
"]V co. ~ December 21, 1984
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TO: James E. Wysocki, City Manager
FROM: Mary L. Crumbaker-Smith, City AttorneY~ ~(ft-
RE: Warranty Deed, Glenlake Park ~v~-
The attached deed will convey the property we are receiving
from Gene Cook (Springhill Properties) in accordance with
our agreement dated May 2, 1983. The property consists of
a very irregularly shaped parcel which is located north of
the former City Landfill and consists of approximately six
acres.
I have not yet reviewed the deed from Cook to the City.
I will review it when I receive it next week and prior
to delivering the attached.
MC-S/lh
Attachment
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
STATE OF MONTANA )
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County of Gallatin ) . ..
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Filed for record this day of , 19 -'
at o'clock .M. and recorded in Book of
of Page - of the records of County of
, Montana.
WARRANTY DEED
FOR VALUE RECEIVED, CITY OF BOZEMAN, Bozeman, Montana
59771, as Grantor, does hereby grant, bargain, sell, convey
and confirm unto the STATE OF MONTANA, DEPARTMENT OF FISH,
WILDLIFE AND PARKS, 1420 East 6th Avenue, Helena, MT 59620,
the following described real estate, situate in the County
of Gallatin, Montana, to-wit:
Tract GL-3 of Certificate of Survey No. ,
located in the NW 1/4 of Section 31, Township 1
South, Range 6 East, P.M.M., Gallatin County,
Montana, according to the official plat thereof on
file and of record in the office of the County
Clerk and Recorder of Gallatin County, Montana.
Subject to right of reversion to the CITY OF
BOZEMAN in the event that the STATE OF MONTANA
fails to use the property for park and
recreational purposes.
TO HAVE AND TO HOLD the said premises, with their
appurtenances unto the said Grantee, its successors and
assigns forever, and the said Grantor does hereby covenant
to and with the said Grantee that it is the owner in fee
simple of said premises, that they are free from all
encumbrances except for liens, encumbrances, easements,
restrictions and reservations of record, and that it will
warrant and defend the same from all lawful claims
whatsoever.
CITY OF BOZEMAN
Bozeman, Montana
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ATTEST:
(i~:~, c! lljL,~~~~,
Clerk of City Commission
STATE OF MONTANA )
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County of Gallatin )
On this 24th day of December ,
19~, before me a Notary Public for the State of Montana,
personally appeared JAMES E. WYSOCKI, known to me to be the
City Manager of the CITY OF BOZEMAN, Gallatin County,
Montana, and ROBIN SULLIVAN, known to me to be the Clerk of I~ ~
the City Commission, and the persons whose names are
subscribed to the above instrument, and acknowledged to me r".;);!4
that they executed the same on behalf of the CITY OF C) \ e~
BOZEMAN. ,'~-: \J" ~
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IN WITNESS WHEREOF, I have hereunto set my hand and ;: ,.. j ~ . .~
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affixed my seal this day first above written. .,.~...'
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Notary Public for State of Montana ...., ..
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(NOTARIAL SEAL) Residing at Bozeman, Montana
My Commission expires: April 30, 1985
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