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HomeMy WebLinkAbout05- Dayhuff Agricultural Lease .. AGRICULTURAL LEASE THIS AGREEM ENT, made and entered into this I {Ot f~\. day oDlri/\;l .~ ~~r-, 2005, by and betwcen the City of Bozeman, a municipal corporation located at 411 East Main Street, B07eman, Montana 59715, hereinaftcr referred to as "LESSOR," and Steven G. DayhuiJ of 6981 Bristol Lanc, Bozeman, Montana, hcreinafter refcrred to as "LESSEE," WITNESSETH: I, PrenlisQs r "cased: For and in consideration of the rents to be paid and the covcnants to be performed by Lessee as hereinafter set forth, Lessor does hereby demise, lease and let unto Lessee those certain lots, pieces or parcels 0 f real property situated, lying and being in the County of Gallatin. State 0 (' Montana, and more particularly described as follows: The South Half of the Southeast Quarter ofthe Southeast Quarter (Sl/2SE1/4SE1/4) of Section 1, Township 3 South, Rangc 5 East, M,P,M" containing approximately 18,5791 acres, more or less, according to a plat and survcy thereof entitled Mountain Shadows Estates Masterplan, a Subdivision in Gallatin County, Montana, filed in the office ofthe County Clerk and Recorder of Gallatin County, Montana, on the 6th day of October, 1970. 2. Term: To have and to hold said premises according to the provisions hereof lor a period of three (3) years lrom and after the date first above written, and unless tenninated upon notice in writing gi ven by either pm1y to the other not less than sixty (60) days prior to the end of the initial term or any annual extension thercof, unless sooner tenninated as herein provided, 3, Consideration: Lessee shall pay to the Lessor, as rental for the dcmised premises, the sum of $200 for the :ycar beginnillg JUl'e 17,2005 through .rUl~e 17,2006 due to constructi')l) Jor the llyalit: transmission main on this property and $400 per year thereafter. This paYll1ent shall be 111ade to Lessor annually on or before the first day of ./uly and shall be paid to Lessor at its principal offices in Bozeman, Montana, 4. Repairs and lmprovements: Lessee agrees to protect all improvements upon said premises and to keep the same in as good condition and state of repair as the same shall be at the time this Lease is executed, reasonable wear, tear, and damage by the elements excepted, Any new improvements made during the term of this Lease shall remain on the land as property of the Lessor unless otherwise excepted by the temlS of this Lcase, (. performance of any tenn or condition of this agreement, Lessor may immediately re-enter and re-take posscssion of the premises, or any part thereo r, without notice and without the necessi ty of resorting to any legal action whatsoever, without such re-entry working a forf'citure of the rents to be paid, or at its option, Lessor may cancel this lease and re-enter and re-take possession. II. Access: There is further reserved unto the Lessor, its successors and assigns, the right of access and entry upon the lands to makc field inspections, examinations, soil tests, and othcr evaluations in connection with a determination of the highest and best use of the lands herein leased, 12, Hold Hamlless _-:- Liabilitv Insurance: Lessor shall not be liablc in any manner to the Lessee, or to any other party or parties, for any loss, cost, damage or injury arising out of or in any manner connected with the usc of' said leased premises, or any part thereot~ or arising out of or in any lnanner connected with the condition thereof or the previous maintenance thereof. Lessee shall indemnify and hold Lessor harmless from any and all injury, cost, loss, liability, cxpense or damage, or claim thereoL 13, Miscellaneous Covenants and P:covisions: a, Lcssee agrees that he will not use or penuit the use ofthe demised premises contrary to any valid laws of the State of Montana or ordinance of the County of Gallatin and City of Bozeman and will save Lessor hamllcss from any and all claims for damages which may be sustained by reason of anything which may occur upon said premises or arise from the use or occupancy thereofby the Lessee. b. The covenants and conditions of this Lease shall be deemed continuing and any forbearance by Lessor to enforce forfeiture on the occasion of one or more breaches thereof shall not be construed as a waiver of the right to enforce such forfeiture on any subsequent breach. c, It is mutually agreed and understood that in the event either party hereto shall bring any legal action against the other to enforce any right or obligation based upon this Lease, the successful party in such legal action shall be entitled to recover in such action ajudgment for all costs and expenses of any kind and nature whatsoever incident to the prosecution or defense of such action or the preparation thcrcof, including reasonable attorney's fces, d, It is mutually understood and agreed that time shall be of the essence of this agreement and that the terms hereof shall bind the heirs, personal representatives, successors and assigns oUhe parties hereto, but nothing in this paragraph shall be construed as a consent by the Lessor to any assignment of this Lease, or any interest therein by the Lessee, except as provided in paragraph 6 of this Lease. e, It is mutually understood and agreed that all prior understandings of the parties, either written or oral, are merged herein and this document constitutes the entire understanding of the parties. ", IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. LESSOR: CITY OF BOZEM AN BY:~~~__ Chris A. Kukulski City Manager ATTEST: @/~ .-1 ~. ~__~n_ ~__ ___ N--./ Ro in L. Sullivan Clerk orthe Commission STATE OF MONTANA ) ) ss. County of Gallatin ) On this ___~~.!~ day of .(~{ {iI(nUJ.(' /., ,2005, before nle, the undersigned a Notary Public for the State of Montana,'personally appcared CHRIS A. KUKULSKI and ROBIN L. SULLIY AN, known to me to be the City Manager and Clerk orthe Commission, respectively, of the City of Bozeman and thc persons whose names are subscribed to the within instrument and acknowledged to me that they executed the samc for and on behalf of the City of Bozeman, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) \ i ..( /> Ii..., !' /" _' ".1. -';' .1 '\1._\. I~\ ~ 1,.1.> '::rv""~::~:.!::__~:5::_::"::::.:::::. Notary Public for the;.1;tate of Mdntana I-I {' I .~.... Ii'! t- (-~ l' ,," 'i"; /ii(A.'j-'--' (Printed Name of N";tary Public)'" Residing at r',JC'";:t/I ,'/t{ll..- My commission expires~~/? ',' /..L ({ '/ -#- LESSEE: ~(f:1J) ;1. StCVCI, G, Dayhuff STATE OF MONTANA ) ) ss, County or Gallatin ) ,iC1th ["'~. . On tIus I t______ .... day of l,,~'.\-1)...-j,r , 2005, before me, the undersigned, a Notary Public for the State of Montana, personally appeared STEVEN G. DA YHUFF, known to me to he thc person whose name is subscribed to the within instrument and acknowledgcd to me that he executed the same, IN WITNESS WHEREOF, I have hcreunto set my hand and affixed my Notarial Seal the day and year first above written, (S EA L) \ I .. '-L-.tC.\..'*... Notary Public for the. tate of M {Ii:' '...1/ '\.l:.. C it. ;, i i ji(.-; .1/ (Printed Name of.Notary Public) Residing at __ b ('" (t .~~\'[Lt-'\,-- _ _______ ______ My commission expires: I i'J /Z(';C'l I I'