HomeMy WebLinkAbout93- Burke Lease
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BURKE PROPERTY LEASE
THIS AGREEMENT is made and entered into in duplicate original on this d:...!t- day
of Iv 0 V r tl1 6 a"-' , 1993, between Edmund Burke, Trustee of the Edmund Burke
Revocable Trust dated March 2, 1981, and Martha Benge Burke, Trustee of the Martha B.
Burke Revocable Trust dated March 2, 1981, and Thomas D. Burke, tenants in common,
("Lessor") and the City of Bozeman, Montana, a municipal corporation ("Lessee").
WHEREAS, the Lessor has conveyed to the Lessee approximately 40 acres of land lying
along the west side of Sourdough Ridge, south of Sunset Hills Cemetery and the east side of
South Church A venue for a public park which has been named "Burke Park" in recognition of
the Burke family; and,
WHEREAS, the Lessor has retained a portion of this land comprising approximately 2
acres, hereinafter referred to as "retained property", which the Lessor contemplates subdividing
said retained property into two lots for the purpose of building a single-family home on each lot;
and,
WHEREAS, Lessee would like to lease this retained property for park purposes until
Lessor decides to build upon these lots.
NOW, THEREFORE, in consideration of the covenants contained herein, the parties
hereby agree as follows:
1. PROPERTY LEASED: Lessor leases to Lessee for use as a part of Burke Park
the retained property owned by Lessor and more specifically described as follows:
Lots 27, 28, 29, 30, 31 and the 8th of the vacated alley lying
adjacent to the North of Lots 27, 28, 29, 30 and 31; and the Nl/2
of vacated 15th Street Southeast lying adjacent to the South of Lots
27, 28, 29, 30, and 31; all located in Block 20 of the Electric
Heights Addition to The City of Bozeman, Gallatin County,
Montana.
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Lots 1, 2, 3, 4, 5, 6; the SI/2 of vacated 15th Street Southeast
lying adjacent to the North of Lots 1, 2, 3, 4, 5, and 6; and the
Nth of the vacated alley lying adjacent to the South of Lots 1, 2,
3,4,5 and 6. Lots 34,35,36,37,38,39; the Slh of the vacated
alley lying adjacent to the North of Lots 34, 35, 36, 37, 38 and
39; and the Nth of vacated 16th Street Southeast lying adjacent to
the South of Lots 34, 35, 36, 37, 38 and 39. All located in Block
21 of The Electric Heights Addition to The City of Bozeman,
Gallatin County, Montana.
2. TERM: The term of this lease shall be for twenty years, provided that the lease
is not sooner terminated as provided in paragraph 4 below. Unless Lessee shall
give Lessor written notice prior to expiration of this lease of Lessee's intention
to terminate this lease, this lease shall be considered as renewed and binding in
its provisions and this lease shall be continued for the same rental and subject to
the same provisions as are herein set forth.
3. RENT: Lessee shall pay as rent for use of this retained property the real
property taxes assessed against the retained property during the term of this lease.
The Lessor shall forward to the Lessee any tax statements that it receives during
the term of this lease. Lessee shall have the right to contest the validity of any
tax which Lessee deems to have been illegally levied or assessed against the
retained property, and for that purpose shall have the right to institute such
proceeding or proceedings in the name of Lessor as Lessee may deem necessary,
provided that the expenses incurred by reason thereof shall be paid by the Lessee
and provided, further, that it is necessary to use the name of Lessor in carrying
out such proceedings.
4. Lessor may terminate this lease by giving ninety (90) days written notice to
Lessee.
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5. BINDING AFFECTS: The covenants and agreements herein contained shall be
binding upon the parties hereto, their successors and assigns.
LESSORS: LESSEE:
zJJ\/ 'j _ CITY OF BOZEMAN, MONTANA,
a municipal corporation,
EDMUND BUR ,v Trustee of the
EDMUND BURKE REVOCABLE TRUST (. .
Dated March 2, 1981 By;-"
Its
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Martha Benge Bur e, Trustee of
the MARTHA BENGE BURKE REVOCABLE
TRUST Dated March 2, 1981 Robin L. Sullivan
Clerk of Commission
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THOMAS D. BURKE