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HomeMy WebLinkAbout96- Dept. of Natural Resources and Conservation Land Use License No. 8113 ;. ~ . . 1 , I 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, t . . , . t . Land Use License No. 8113 Page 2 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 '- --'" 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 .' .. " . . . . " Land Use License No. 8113 Page 3 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, ~ Avrsf' 199t. ' Dated this ZO day of , BY: ~ S~'Ce *************************************************************************** (Department of Natural Resources and Conservation Use Only) APPROVAL OF LICENSE BY: /JG~'- Area Manager, C ~~~'f J-t , 19 9?- Date roved