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HomeMy WebLinkAbout93- Montana Dept. of Health and Env. Science . .. . J CONTRACTOR'S DHES Contract No. 240046 COpy LEASE This LEASE is entered into between the city of Bozeman (here- inafter referred to as "Bozeman"), P. O. Box 640, Bozeman Montana, and the Department of Health and Environmental Sciences, on behalf of the Air Quality Bureau, Helena, Mon- tana (hereinafter referred to as "Bureau"). IN CONSIDERATION of the promises set forth in this LEASE, Bozeman leases to the Bureau the premises described in Sec- tion 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 the government of the city of Bozeman, 34 N. Rouse Ave., (corner of Rouse and Menden- hall), City of Bozeman, County of Galla- tin, Montana. 2. The Bureau or its authorized agent may install and maintain an air monitoring station on the Premises described above. 3. The Bureau shall have access and entry to said air monitoring station through the property of ,Bozeman, to the extent necessary to install, maintain, operate, and ulti- mately remove the air monitoring station. 4. The Bureau shall pay for all power requirements necessary to install and remove the air monitors located at said station. Bozeman agrees to pay for all power require- ments necessary to operate the air monitors. SECTION II: TERM OF LEASE This LEASE commences July 1, 1993, and terminates June 30, 1995. SECTION III: RENT In consideration of the use of the Leased Premises, the Bureau shall pay to Bozeman annual rent for the LEASE in the amount of One Hundred Dollars ($100) , to be paid as follows: Page 1 of 4 Pages . . ) For that period of the term of the LEASE commencing July 1, 1993, and ending June 30, 1994, the Bureau shall pay the sum of One Hundred Dollars ($100) on or before August 1, 1993; For that period of the term of the LEASE commencing July 1, 1994, and ending June 30, 1995, the Bureau shall pay the sum of One Hundred Dollars ($100) on or before August 1, 1994; The total sum to be paid by the Bureau to Bozeman under the terms of this LEASE shall not exceed Two Hundred Dollars ($200) . SECTION IV: TERMINATION 1. Bozeman understands and agrees that the Bureau, as a State agency, is dependent upon federal and state appropri- ations for its funding, and that Congress or the Montana Legislature may preclude funding this LEASE completely through the termination date stated in section II. In the event that this contingency occurs, this LEASE shall termi- nate 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 the preceding para- graph, either party may terminate this LEASE for the failure of the other party to perform any of the services, duties, or conditions contained in this LEASE after giving thirty (30) days written notice to the other party. 3. At the termination of this LEASE, the Bureau shall remove the air monitoring station and all equipment related thereto and approximately restore the property to its condi- tion as existing at the commencement of this LEASE, at no expense to Bozeman. This shall be accomplished within sixty (60) days after termination of this LEASE unless a new LEASE is entered into. 4. In the event of any termination of this LEASE the parties agree that they will prorate either the LEASE pay- ments that have been made, or the payments that must be made, in order to adjust for the actual duration of this LEASE. SECTION V: ASSIGNMENT AND SUBCONTRACTING The parties agree that there will be no assignment or trans- fer of this LEASE or any interest in this LEASE unless both parties agree in writing. Page 2 of 4 Pages . I SECTION VI: 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 VII: 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 enlarged, modified, or altered except in writing, signed by the parties and attached to the original of this LEASE. SECTION VIII: RENEWAL OF LEASE The Bureau may renew this LEASE for subsequent periods of one year or portions thereof, pursuant to the same annual terms and conditions contained herein, by giving Bozeman written notice of renewal within thirty (30 ) days prior to the expir- ation of this LEASE. In Witness Thereof, the parties have executed this LEASE as of the dates set out below. OF MONTANA DEPARTMENT OF SCIENCES BY: Cogswell Building, Capitol station Helena, Montana 59620 Dated this /2 day of JilL/_ , 1993. 0 ~~ontent by: irLvf; C" /'1'13 Eleanor A. Parker DHES Counsel OF BOZEMAN lJ\~... ,,--"~ ",J BY: <\..--vv-..3..,.(L" C,/ WYSOCKI, city 34 N. Rouse Ave. Bozeman, MT 59771-0640 Page 3 of 4 Pages . , . , Federal 1D No. 81-6001238 Dated this 21st day of July , 1993. BOZEMAN.AQ Page 4 of 4 Pages