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HomeMy WebLinkAbout74- Humane Society of Gallatin County Lease . . . Rt: City of Bozeman INDEXED ~. PLATTED f1L~L., 26-,. 'r,:~ 1082 ......_0.-wI . .. ,<)I, ,;" r" 'I:'" ,.. :'J Stat6 of Mont., County of Gallatin. 88 Filed for record November 13 ,.9 74 10' 20 A 6 ' at_-,_" "----'M., and recorded In Book 2 ~CELLANEOUS page 1082 __-.fARL L. STUCKY Recorder. By 'd~~ Deputy LEASE THIS INDENTURE, made and entered into this 30th day of October , 1974, by and between THE CITY OF BOZEMAN, a municipal corporation of the State of Montana, hereinafter referred to as the "lessor", and HUMANE SOCIETY OF GALLATIN COUNTY, a Montana non-profit corporation, with its principal place of business in Gallatin County, Montana, hereinafter referred to as the "lessee"; WIT N E SSE T H : That the lessor, for and in consideration of the rents, covenants, and agreements hereinafter contained and to be paid and performed by the lessee, has leased, demised, and let and by these presents does lease, demise, and let unto the lessee the following described premises, situate in the City of Bozeman, County of Gallatin, State of Montana, and described as follows, to wit: Beginning at a point 50 feet west and 2100 feet south of the center of Section 31, Township 1 South, Range 6 East, west 210 feet; thence north 210 feet, thence east 210 feet, and thence south 210 feet to the point of beginning, comprising approximately one (1) acre of land. TO HAVE AND TO HOLD the premises leased hereunder to the lessee for and during the full term of ten (10) years from and after the 1st day of October, 1974, to and including the 30th day of September, 1984, yielding and paying for the same to the lessor the sum of One Dollar ($1.00) per year, payable on the 1st day of October of each and every year during the term of the lease. It is agreed and understood by and between the parties hereto that lessee does lease the hereinabove described premises for the purpose of erecting a structure to be used as a dog pound and for the humane care . .. . ~ ,c, . '. .. ... . filM 26 rAGE 1083 of animals. In this connection, it is understood that the lessee will, at its cost, immediately erect upon said premises a building for the purpose of housing and caring for stray animals and animals impounded by the City of Bozeman. It is agreed and under~tood that this lease will not be terminable during the first five (5) years of its term by either party, but that at any time during the second five (5) years of said term, either party hereto, upon one (1) year's notice in ~~iting delivered to the other party, may terminate this lease; provided, however, that in the event of termination by the City of Bozeman during the second five (5) year term, the City of Bozeman agrees to pay, over a period not to exceed five (5) years, to the lessee the original cost of construction of said building, less depreciation on a straight-line basis over a term of 30 years. In this connection, the lessee and the lessor agree that within thirty (30) days after erection of said building, the original cost of construction thereof shall be determined to be the value of said building as determined by a professional appraisal, and that said determined value and date of completion shall be the basis for determining the depreciated value thereof upon termination. It is understood and agreed that at any time during the said term of this lease that the lessee shall cease to exist for its purpose of operating a dog pound and for the humane care of animals, or if this lease is terminated by action of the lessee, then the City of Bozeman shall become the owner of said building without any reimbursement to lessee. It is understood and agreed that the lessee will pay all taxes and utility charges and will maintain the said premises and building thereon in a good state of repair, reasonable wear and tear and damage by the elements alone excepted. - 2 - . . . . . . " .... .. , ~ ...... . . .. , fll.M 26 rAGE 1084 The lessee further covenants and agrees that it will protect the City of Bozeman from and indemnify against all losses sustained and expenses incurred by reason of any liability of any character incurred by the lessee, or arising out of or in conjunction with the maintenance, use, and operation of said premises and building during the term of this lease, including liability or injury to persons or property due to or arising out of the use of said leased premises by lessee. It is further covenanted and agreed by the parties hereto that upon paying the rent and performing the covenants and agreements herein by the lessee to be kept and performed, the lessee shall and may peaceably and may quietly have and hold and enjoy the said leased premises for the term herein specified. It is fUrther understood and agreed by the parties hereto that all of the covenants and agreements herein contained shall bind the heirs, legal representatives, successors, and assigns of the respective parties to the same extent as if they had been expressly mentioned in each of said covenants. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 30th day of October , 1974. LESSOR: THE CITY OF BOZEMAN, corporation ~ ATTEST: ~', ~lf0~<'A , '","" , I {., HUMANE SOCIETY OF GALLATIN COUNTY, a Montana non-profit corporation .,..." ~ ~. UJ.+hA- ATTEST: ,i: By ~ --- dX ,~.,., O-Lt!J~/" '" ~~ / Jl"LL-o-:=> - 3 -