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HomeMy WebLinkAbout85- MT Dept. of Fish, Wildlife & Parks Lease , . e e . i . LEASE AGREEMENT THIS INDENTURE OF LEASE made and entered into this 19th day of February , 1982, 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, TIS, 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 1853; Thence on and along the northerly boundary line of the Southwest Quarter of Section 31, 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; e . e Thence continuing on and along the easterly property boundary of said C.O.S. No. 157, S 02033'12" 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 551, 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 17, page 1418, 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 32010'08" E for a distance of 390.00 feet; Thence S 55019'52" E for a distance of 974.51 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 349.17 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 31, 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 31 S 88034'07" W a distance of 1757.46 feet to the true point of beginning. The above described tract, GL-1 contains 47.013 acres, more or less, and is depicted on Certificate of Survey No. 1221, 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 -2- , . e e ~ 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. The initial term of this Lease shall be for a period of ten (10) years from the date of this Lease and shall automatically renew for successive ten (10 ) 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 (180) 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. -3- , .' .. e . e 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 -4- -~-,., - . . . -- '- 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. 10. 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. II. 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 13. 12. 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 -5- . " , ~ , , . e e . .. . .' . ' . ' 17. Severability. The provisions of this lease are severable and the invalidity or unenforceabi1ity 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 , 198~ . Approved as to Form: Montana Department of Fish, wildlife and Parks Attorney Parks Attorney , ~~~~~ 1/9 ifr / I LESSEE: State of Montana, Department of Fish, wildlife and Parks By ~A~ tJ 41'A~ Jam~ lynn, Director r Approved: C--' By -~:;;;,. Chairm n, LESSOR: The City of Bozeman . By Its City Manager ATTEST: rfd:- ~~ Clerk 0 the Commission :','"""~ftl!'\ ;o\\S '1;"" ~~~1 'j \. .,\.~~', '-':-lb.~. ",\\,1" .j.,;'.1 1.~:,..'4ir I I - '-:JjJ_ (1 :'?___~~~1i i<-.i-. n. "it I,,;:C: Fr 'omey -7-