HomeMy WebLinkAbout96- Dept. of Natural Resources and Conservation Land Use License No. 8113
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LAND USE LICENSE NO. 8113
The STATE OF MONTANA, DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, herein
grants City of Bozeman, Attn: Director of Public Service, 411 East Main Street, Bozeman,
Montana 59715, herein called Licensee, a LAND USE LICENSE to occupy and use lands adminis-
tered by the DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, subject to all of the terms
and conditions hereof.
l. DESCRIPTION
A tract or strip of land described as follows:
SW'-ANWASw?( , Section 36, T1S-R5E, Gallatin County
2, FILING FEE
A fee of Twenty-five and NO/100 Dollars ($25,00) has been paid to the Licensor
prior to issuance of this Land Use License,
3, RENTAL
Beginning upon acceptance of this License, and for the term of this License,
the Licensee agrees to pay, in advance, a one-time rental of $100.00.
4, DURATION
This License shall take effect upon signature of the Area Manager, Central
Land Office and remain in full force and effect up to and including September 1, 2006,
unless terminated in accordance with Section 13 of this license,
5, LICENSED ACTIVITY
The purpose of this Land Use License is to provide access to and install a
water monitoring well to determine the vertical extent of contaminated ground water from
the Bozeman Solvent Site.
6, RECLAMATION OF THE LAND
The Licensee shall take all reasonable precautions to prevent or minimize
damage to natural (i.e, , vegetation, soil, water, wildlife) , and cultural resources within
the areas of the Land Use License, Upon cancellation of this License by either party to
this agreement, or upon final expiration of agreemeHt, ~he Licensee shall reclaim the area
to the specifications of the Licensor, Such reclamation shall include, but not be limited
to the elimination of all trace of disturbances, compaction, and movement of construction
equipment, Licensee shall be required to reseed all disturbed areas with native species
of grasses, unless other arrangements are agreed upon between the Licensor and the
Licensee in writing, When any action requires disturbance, all soil materials shall be
salvaged, safeguarded from loss due to wind or water erosion or machinery activity, and
shall be replaced on all disturbed areas,
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Land Use License No. 8113
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7, MONITORING SITES
The Licensee will maintain the area within the Land Use License in a neat and
orderly manner and will allow no waste or debris to accumulate thereon,
8, WEATHER CONDITIONS
The Licensor reserves the right to restrict or preclude any surface activity
during periods of adverse weather and other conditions which may contribute to accelerated
erosion, fire hazard, disruption of seasonal wildlife, or any other condition which in the
opinion of the Department may have an adverse effect on Trust land, Prior to commencing
permitted activities, the Licensee will contact the appropriate Area Office,
9, NOXIOUS WEEDS
The Licensee shall be responsible for controlling any noxious weeds introduced
by Licensee's activity on state-owned land, The Licensee's methods of control must be
reviewed by the Department of State Lands Area Field Office that has jurisdiction for that
locale, The Licensee shall comply with the Montana County Noxious Weed Manaoement Act,
Section 7-22-2101 et,seq" as follows:
The Licensee shall notify the local weed board that is responsible for that
geographical area in which the project is located. If the Licensee disturbs vegetation
for any reason, Licensee shall be required to revegetate the disturbed area, The Licensee
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shall submit to the local weed board a written plan specifying the methods to be used to
accomplish revegetation, The plan must describe the time and method of seeding:
fertilization, recommended plant species, use of weed-free seed, and the weed management
procedures to be used, This plan is subject to approval by the local weed board, and
therefore must be signed by the chairman of the board,
Failure to abide by these provisions may result in the cancellation of the
License,
10, LIABILITIES
The Licensee agrees to assume responsibility for fires that may result from
use of the authority given here and shall defend and save the Licensor and Licensor's
Surface Lessee(s), John and Donna Mendeville, Lease #4634, harmless from all claims and
lawsuits that may result from any and all damages. injury or death to persons and/or
property that occur upon or about said land caused by or arising out of Licensee's use of
the subject area hereunder, The Licensee further agrees that they will be responsible for
any damages to the surface lessee's property or leasehold interests that may be caused
when entering, crossing, or leaving state-owned subject land,
ll. LIMITATION OF AUTHORITY
Other than for the purposes specifically described in this agreement, the
Licensee agrees that it does not, and shall not claim at any time any interests or estate
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of any kind or extent whatsoever in the premise by virtue of this License or their
occupancy or use hereunder,
12, SPECIAL STIPULATIONS
oLicensee shall provide the Licensor a copy of the well log data and all
findings at the end of the monitoring period.
OPrior to well abandonment, site reclamation, and well plugging DNRC must be
notified to determine whether or not the trust's interests may be best served by
maintaining the existing well for its purposes.
13 , TERMINATION OF LAND USE LICENSE
The Licensor reserves the right to terminate the permission hereby granted at
any time by giving the Licensee no less than ten (10) days written notice of such
termination, except that the Licensor may terminate the permission forthwith at any time,
if Licensee fails to comply with, or abide by, each and all of the provisions hereof, or
ceases to use the permission hereby granted,
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Dated this ZO day of ,
BY:
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(Department of Natural Resources and Conservation Use Only)
APPROVAL OF LICENSE
BY: /JG~'-
Area Manager, C
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Date roved