HomeMy WebLinkAbout95- Montana Dept. of Health and Env. Science
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DHES Contract No. 260049
[NOTE: Pursuant to section 2-15-135, MCA, and Chapter 418 of the
1995 Laws of Montana (BB 234), as of July 1, 1995, the Department
of Environmental Quality will succeed to the rights and duties of
DHES under this agreement.]
LEASE
This LEASE is entered into between the city of Bozeman
(hereinafter referred to as "Bozeman") , P.O. Box 640, Bozeman,
Montana, and the Department of Health and Environmental Sciences,
on behalf of the Air Quality Division, Helena, Montana
(hereinafter referred to as "Division").
IN CONSIDERATION of the promises set forth in this LEASE, Bozeman
agrees to lease to the Division the premises described in section
I of this LEASE, and referred to as "Leased Premises," upon the
terms and conditions set forth in this LEASE.
SECTION I.: LOCATION OF. USE OF. AND ACCESS TO THE LEASED
PREMISES
1. The Leased Premises are described as follows:
The roof of the building housing a 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 Division, or its authorized agent, may install and
maintain an air monitoring station on the Leased
Premises described above.
3 . The Division 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. The Division shall not
unreasonably damage property of Bozeman in gaining
access to the air monitoring station.
4. The Division 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, 1995, and terminates June 30, 1997.
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SECTION III: COMPENSATION
As consideration for the use of the Leased Premises, the Division
shall pay to Bozeman annual rent for the LEASE in the amount of
One Hundred Dollars ($100. OO), to be paid as follows:
For that period of the term of the LEASE commencing July 1,
1995, and ending June 30, 1996, the Division shall pay the
sum of One Hundred Dollars ($100.00) on or before August 1,
1995;
For that period of the term of the LEASE commencing July 1,
1996, and ending June 30, 1997, the Division shall pay the
sum of One Hundred Dollars ($100.00) on or before August 1,
1996;
The total amount of compensation to be paid by the Division to
Bozeman pursuant to the terms of this LEASE shall not exceed the
sum of Two Hundred Dollars ($200.00) .
SECTION IV: TERMINATION
1. Bozeman understands and agrees that the Division, as a
State agency, is dependent upon federal and state appropriations
for its funding, and that Congress or the Montana Legislature may
preclude funding this LEASE completely through the termination
date stated in section II. If this contingency occurs, this
LEASE shall terminate at the end of the period described above
for which a payment has been made in accordance with Section III.
2. Except for the provisions of section IV, Paragraph 1,
after giving thirty (30) days written notice to the other party,
either party may terminate this LEASE for the failure of the
other party to perform any of the services, duties, or other
conditions contained in this LEASE .
3. At the termination of this LEASE, at no expense to
Bozeman, the Division shall remove the air monitoring station and
all related equipment and restore the property to its approximate
condition at the commencement of this LEASE. This shall be
accomplished within ninety (90) days after termination of this
LEASE unless the parties enter into a new LEASE.
4. In the event of any termination of this LEASE the par-
ties agree that they will prorate either the compensation
actually paid or the compensation to be paid, under the terms of
this LEASE, as appropriate to adjust for the actual duration of
this LEASE.
SECTION V: RELEASE
The Division agrees to hold harmless from, and indemnify Bozeman
for losses to third parties caused by the negligence or omissions
of State employees or contractors within the course and scope of
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their performance of the subject of this Lease, in accordance
with the provisions of the Tort Claims Act, sections 2-9-101
through 2-9-318, MCA.
SECTION VI: ASSIGNMENT AND SUBCONTRACTING
The parties agree that there will be no assignment or transfer of
this LEASE, or any interest in this LEASE, unless both parties
agree in writing.
SECTION VII: VENUE
The parties agree that, in the event of litigation concerning
this LEASE, the venue shall be in the First Judicial District in
and for the County of Lewis and Clark, State of Montana.
SECTION VIII: MODIFICATIONS AND PREVIOUS AGREEMENT
This instrument contains the entire agreement between the
parties, and no previous statements, promises, or inducements
made by either party or agent of either party which are not
contained in this written 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.
In witness Thereof, the parties have executed this LEASE as of
the dates set out below. C., ))
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BY: ".~-,,~~,
Date Ji Wysocki, City
P. . Box 640
Bozeman, MT 59771-640
Federal Employer 1.0. No.
81-6001238
STATE OF MONTANA DEPARTMENT OF
HEALTH & ENVIRONMENTAL SCIENCES
(After July I, 1995 DEPARTMENT
OF ENV NMENTAL QUALITY)
~~- BY: ;id:-
Date OREST V. RRIS, Contracts Officer
Cogswell Building
Helena, Montana 59620
Approved for legal content by:
X(~~:;: (P,) d-' G / t:i -_5---
" , Date
David Rusa , DH S Counsel
BZMN-LEA.AQ
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