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HomeMy WebLinkAbout95- Fish Wildlife and Parks Lease Agreement ~ ; '.~ , . ; . . . LEASE AGREEMENT FOR BOZEMAN PONDS FAS THIS AGREEMENT, is made and entered into this 2nd day of - October , 1995, by and between the Montana Department of Fish, wildlife & Parks, P.O. Box 200701, Helena, Montana 59620- 0701 (FWP) , as lessor; and the City of Bozeman, Bozeman, Montana, as lessee. RECITALS 1. FWP owns certain land in the city of Bozeman, Montana, known as the Bozeman Ponds Fishing Access Site (FAS) . 2. The city is ready and able to operate and maintain the Bozeman Ponds FAS as a public recreation site for the activities of biking, picnicking, fishing, and other recreational uses compatible with the character and location of the site. 3 _ Under MCA 23-1-107, FWP is authorized to enter into cooperative agreements with local governments concerning the J , operation and maintenance of parks and recreational areas such as the Bozeman Ponds FAS, and finds it desirable and advantageous to do so for Bozeman Ponds FAS. NOW, THEREFORE, in consideration of the agreements and promises to be performed under this lease, all as more particularly set forth below, the parties agree as follows: DESCRIPTION OF THE LEASED PREMISES FWP leases to the city the property located in Gallatin County, Montana, described in Exhibit A attached to this lease and incorporated herein by the reference, but excluding from this lease the land described as Tract II in Exhibit A. This property is , .\ , . , .' . . sometimes called the "land" or uleased property" in this lease. Any property hereinafter acquired by FWP adjacent to Tract I identified in Exhibit A will become a part of the leased property. TO HAVE AND TO HOLD the said premises unto the city, its successors and assigns, for the term of this lease, including renewals, if any, as set forth in this lease. TERM The initial term of this lease shall be for a period of five (5) years, starting on November 1 , 1995, and shall automatically renew for successive five (5) year periods unless terminated by notice of either of the parties as provided hereinafter. TERMINATION This lease may be terminated at the end of any five .-(5) year period by the party desiring to terminate by providing written notice to the other party at the address or place it has designated for notices in this lease at least 180 days prior to the end of the 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 either party defaults in the performance of any term or condition of this lease, and the default continues for a period of thirty (30) days, then the other party may give notice of such default, in a manner specified in this lease. If 2 " . -#;. I . , the default is not corrected in its entirety within ninety (90) days after the delivery of the notice, the lease shall be terminated. USE AND CONDITION OF PREMISES The property must continue to be used and maintained by the city as a public recreation area in accordance with the Federal Land and Water Conservation Fund Act. Recreational activities of biking, picnicking, fishing, and other recreational uses compatible with the character and location of the site are allowed. No overnight camping or other use of the premises will be permitted without the prior written consent of FWP. The property will not be used in any manner that is in violation of any national, state, county or municipal law, ordinance or regulation. RENTAL ; In consideration of the city's agreement to operate and maintain the Bozeman Ponds FAS for public recreational use, the city will pay no rent to FWP for the lease of the premises. TAXES AND SPECIAL ASSESSMENTS Except as otherwise provided in this section, FWP will pay any payments in lieu of taxes and special assessments that it is legally obligated to pay. FWP will also pay any special assessments against Tract I in Exhibit A properly imposed for construction, improvement, maintenance of proposed Fowler Avenue, 3 , ' 4\ ' . identified in Exhibit A, and for installation of traffic control devices at the intersection of Fowler and u.s. 191. FWP's obligation to pay these special assessments was acknowledged by FWP in certain waivers of right to protest, dated May 11, 1990. INSURANCE AND DESTRUCTION OF THE PREMISES The city will maintain fire and extended coverage insurance on the leased property. If during the term of this lease, the improvements on the property are damaged or destroyed by fire or the elements, the city will either repair and replace the damaged or destroyed improvements and restore them to substantially their original condition, or alternatively the city and FWP may agree that insurance proceeds made available on account of damage or destruction be used to place or construct other improvements on the leased property. ,- COMMERCIAL USE No commercial use or profit-making activity may be conducted on the leased premises. UTILITY EXPENSES The city will pay and discharge in full all utility expenses, if any, such as charges for power, garbage, and water that are or may be made on or for the leased property. USER FEES 4 ~ ' ~;, , , . . The city may charge fees for'the use of the leased property in accordance with any fee schedule the city may adopt. The city may not refuse access to the leased property, charge differential fees, or otherwise discriminate in the use of the property in any respect on the basis of race, color, sex, age, national origin, state of residence, physical or mental handicap, political ideas or religion. RULES AND REGULATIONS The city will enforce the city's park ordinances and other rules and regulations applicable to city parks at the leased property, and will patrol the area in a manner similar to patrols at other city parks. MAINTENANCE The city agrees to provide for the maintenance and repair of the leased property and any improvements in a good and satisfactory condition at the city's own expense and will surrender the leased property to FWP at termination of this lease in as good a condition as it now is, reasonable wear and tear alone excepted. FWP will provide technical assistance in the management of fisheries habitat, pond development and stabilization, and appropriate use and development of water resources. FWP will consider allocating funds when available to the operation and maintenance of the leased property. 5 ~ . ..#'. . . . IMPROVEMENTS, ALTERATIONS, FIXTURES AND SIGNS The city may make improvements on the leased premises at its expense after receiving the written consent of FWP. Prior to making any improvements, the city shall submit to FWP written notice of proposed site changes, which shall include construction plans, maintenance plans, and proposed regulations. Such notice must be submitted at least 90 days prior to the date the city intends to start making such improvements. If necessary, FWP may then conduct an environmental assessment of the proposed improvement, if not provided in the existing management plan for the site. The construction of improvements shall be overseen by the city and shall be made in a good and workmanlike manner and shall be in keeping with the basic use of the premises as a public recreation area. The city may install and maintain fixtures, equipment, signs and other personal property as the city may desire to install, including a customary sign upon the property. All such installations will remain the property of the city, and on termination of this lease the city may remove such installations as are owned by it. Such removal shall be accomplished in a manner reasonably calculated to do the least damage to the leased property. If FWP and the city agree that all or any part of the city's installations need not be removed but will be permitted to remain, such installations will become the property of FWP. LIABILITY AND HOLD HARMLESS 6 ; ~. . . , The city shall save and hold FWP harmless from any and all liability, damages, or claim of damages of any nature or description for injuries arising out of or in connection with the operation of the leased premises by the city. In connection with this provision, the city shall carry good and sufficient liability insurance to fully protect FWP in the manner set forth in this paragraph, which insurance shall provide coverage of not less than $750,000 per person injured, and $1.5 million per occurrence. This requirement is satisfied if the city is part of a municipal risk and liability pool that protects the city against claims of the type and in the amounts described in this paragraph. The city shall not be liable for any damage to any persons or property that result from FWP's past, present or future use of the site. SUBLEASING OR ASSIGNMENT The city shall not sublease the premises or assign this lease in whole or in part in any way. Any such attempted subletting or assignment shall cause this lease to be automatically terminated. NOTICES Any notice required or permitted to be given under this lease shall be in writing and shall be given to the party at its address or fax number set forth below or such other address or fax number as the party may later specify for that purpose by notice to the other party. Each notice will be deemed given and received on the date faxed if faxed; if hand-delivered, on the date a receipt for 7 ~ '" . delivery is signed; if given by a nationally recognized and reputable overnight delivery service, the date of actual delivery; and if given by certified mail, return receipt requested, two business days after posting. The addresses and fax numbers of the parties are as follows: Montana Department of Fish, City of Bozeman wildlife and Parks Office of City Manager P.O. Box 200701 P.O. Box 640 1420 E. 6th Avenue Bozeman, MT 59771 Helena, MT 59620-0701 Fax No. (405) 582-2323 Fax No. (406) 444-4952 TIME OF ESSENCE Time is of the essence of this lease and all the terms and conditions of this lease shall be performed at or before the times herein set forth in this lease. Any forbearance by FWP or the city in the enforcement of the terms and conditions of this lease shall in no way be construed as a waiver of default, or waiver of the obligatory effect of such provision. . , VENUE . CONSTRUCTION AND BINDING EFFECT This lease shall be construed under the laws of the State of Montana and shall be binding upon the inure to the benefit of the respective parties, their successors and assigns. Venue for any court action arising under this lease will be in the First Judicial District, in and for Lewis & Clark County, Montana. AMENDMENTS OR MODIFICATIONS 8 oj ,,' . . . Any amendment of this lease shall be made in writing and executed in the same manner as the original lease and thereafter become incorporated as part of this lease. IN WITNESS WHEREOF, LESSOR and LESSEE have caused their proper officers and agents to execute this lease on the day and year first above written. OF FISH, CITY OF BOZEMAN ~~ - ~22. ~~' ity Manager ~l o! LfI~ 9 ~ J-' 8.\ [+)(3 ~ - -" --- - - (-.1'>1 VH .L O'cl v.:L ~ ',1,1 r,!"^ H C;V1 . ~ ,------'-...' U\3' t: :?: ~,~ J: ('1\ -,<> 05: ~ 01' ~:f ...' I~ ;:, ~ ,'i€ (l c;ss I <; 0") . (, J.,)'<l~U- ~ ,~O' ell l- / . f'.\ a9Y'q NclOTl <;:-t'<:I^ ... c: ..l-7'<12:lL- A\'I\Of\"17 ~I . "J'<t <39'"0' CO , 33S'7 '3\ I '~08 ::SO 'o:;J\'I"'i.LI:IGw hi.Nn07 N1.l.\:fl"1'<f9 'n.L' ? . 3. C;.?;j 1.<; 1.:.1- Sbbl - ..l.N-a~3'3G:1~ \ \ \j 0 ~-+ "'-3 <; "Ii \'1\<;: ~ 3S~31 0...1- (;-. ..q3}l~ V ~. .J-73~Yl ~ S 3~ ., " 0 OJ . S 1 ~ €9SI c;. 0") ""'t j..?'<;/?il- 0'''' ~ -I iiJ 7 r -{ ~ " I ('\~ - < - '" ... 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