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HomeMy WebLinkAbout97- Dept of Environmental Quality .",- .....-, '. . . .' , . [) f"' r" ,., "::'''.:. :~ .,', i7':;"" i '.'\';\ ;, .,' . ,',), ~~ '~,..,<I"., {i:~ :' ..' 'A I',' \' \" :,., t'O " 't:JtbbtJ ~ .114u ~ iJil":J copy , DEQ Contract No. 280024 LEASE This lease is entered into between the City of Bozeman ("Bozeman") and the Department of Environmental Quality ("Department"), SECTION I: LOCATION OF. USE OF. AND ACCESS TO THE LEASED PREMISES l. Bozeman agrees to lease to the Department the following: A section of roof measuring approximately 10 feet by 10 feet of the building housing the fire station of the City of Bozeman at 34 North Rouse Avenue (corner of Rouse and Mendenhall), City of Bozeman, County of Gallatin, State of Montana. 2. The Department, or its authorized agent, may install and maintain an air monitoring station on the premises described above. 3. The Department shall have access and entry, including vehicular access, to the air monitoring station through the property of Bozeman, to the extent necessary, to install, maintain, operate, and, ultimately, remove the air monitoring station. 4, The Department shall pay for all power requirements necessary to install and remove the air monitors located at the air monitoring station. Bozeman agrees to pay for all power requirements necessary to operate the air monitors. SECTION II: TERM OF LEASE This lease commences July 1, 1997, and terminates June 30, 1999. SECTION III: COMPENSATION In consideration of the use of the leased premises, the Department shall pay to Bozeman rent of TWO HUNDRED DOLLARS ($200), to be paid as follows: For that period of the term of the lease commencing July 1, 1997, and ending June 3D, 1998, the Department shall pay One Hundred Dollars ($1 DO) on or before August 1, 1997; For that period of the term of the lease commencing July 1, 1998, and ending June 30, 1999, the Department shall pay One Hundred Dollars ($1 DO) on or before Page 1 of 3 ,..~.., - , -- ~ ,. ,-' --, - - . ..,....-..-,--..,,'. -, '",... ..... --. . . ~ . ". .. , . , . .. August 1, 1998, SECTION IV: TERMINATION l. After giving thirty (3D) days written notice to the other party, either party may terminate this lease upon failure of the other party to perform any of the conditions contained in the lease. 2. If Bozeman transfers ownership of the property, Bozeman may terminate this lease after giving thirty (3D) days written notice to the Department. 3. Upon termination of this lease, the Department shall remove the air monitoring station and all related equipment and restore the property to its approximate condition at the commencement of the lease, at no expense to Bozeman. This shall be ! accomplished within sixty (60) days after termination of the lease unless the parties enter into a new lease before that time. , 4. If this lease is terminated, the parties shall prorate the lease payments paid or due to adjust for the actual duration of the lease, SECTION V: RELEASE In accordance with the Tort Claims Act, Sections 2-9-101 through 2-9-318, MCA, the Department agrees to hold harmless from, and indemnify Bozeman for losses to third parties caused by the negligence or omissions of State employees or contractors. SECTION VI: ASSIGNMENT AND SUBCONTRACTING There will be no assignment or transfer of this lease, or of any interest in this lease, unless both parties agree in writing. SECTION VII: VENUE , In the event of litigation concerning this lease, venue shall be in the First Judicial District, Lewis and Clark County, Montana. SECTION VIII: MODIFICATIONS AND PREVIOUS AGREEMENT This written lease contains the entire agreement between the parties, and no previous promises or other statements made by either party, or agent of either party, which are not contained in this lease shall be valid or binding. This lease may not be modified except in writing, signed by the parties and attached to the original of this lease. Page 2 of 3 "'" ",.,. .'". , - ,_. '. ,_ , ., . - ",,,., .. .. ".,_,n ....._,.. . ~ _ .., ..u,.".,_ _ ..~:,."" ._ _ .,I .. IlL ... J .. r SECTION IX: FUNDING SOURCE The funding for this lease comes from both federal and state sources, 72,9% from the U,S. Environmental Protection Agency, and the balance from the state. CITY OF BOZEMAN ~ 1'5\'11 BY: =~~~k - Date \ CLARK JOHNS , City Manager P.O. Box 640 Bozeman, MT 59771-640 Federal Employer I.D. No. 81-6001218 STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY 5?!2.h7 BY: i Date I I F REST V. FARRI , I Metcalf Building P.O. Box 200901 Helena, MT 59620-0901 ! r;J;Yf/1~ D<tte { 280024.ppa Page 3 of 3 - - .~ kEChijVED AUG 1 ~ J997 ~ . DEPARTMENT OF ENVIRONMENTAL QUALITY MARC RACICOT MARK A. SIMONICH GOVERNOR DIRECTOR STATE OF MONTANA August 12, 1997 CITY OF BOZEMAN CLARK JOHNSON POBOX 640. BOZEMAN MT 59771-0640 Enclosed is DEQ Contract No. 280024 between the Montana Department of Environmental Quality and CITY OF BOZEMAN. If all conditions of the Contract/Modification meet with your approval, please sign and return the oriqinal to the Department of Environmental Quality, Fiscal Management Bureau, PO Box 200901, Helena MT 59620-0901. Under Department procurement procedures, this Agreement must be returned to the Department within 10 working days of this date. Thank you for your interest in assisting the State of Montana in this matter. Sincerely, '\ (, '/ .? e AR~~;~'?~~~~~~-'-'~~unting Technician Fiscal Management Bureau Enclosure Copy to: Joanne Canty 'AN EQUAL OPPORTUNITY EMPLOYER"