Loading...
HomeMy WebLinkAbout05- Jones Agricultural Lease AGRICUL'l'URAL LEASE ic<r I THIS AGREEMENT, made and entered into this i day OCx,t~\C{(l\~"" 2005, by and between the CITY OF BOZEMAN, a municipal corporation locatcd at 411 East ( ain Street, Bozeman, Montana 59715, hereinaftcr refcrred to as LESSOR, and JOSH JONES, of 8459 Huffine Lane, Bozeman, Montana 59718, hereinafter referred to as LESSEE, 'WITNESSETH: 1. Premises Leased: For and in consideration ofthe rents to be paid and the covenants to be perfonlled by Lessee as hereinafter set forth, Lessor docs hereby demisc, lease and let unto Lessec those certain lots, picces or parcels of real property situated, lying and being in the County o[Gallatin, State of Montana, and more particularly described as follows: The Mandeville Faml Site described as Tract I-A, Tract 3-A and Tract 4-A of Certificate ofSurvcy No, 2153, a tract of land being Tract ^ of Certificate of Survey No, 939 and Tracts 1 and 3 of Certificate of Survey No. 1723 situated in the NWl/4 oeSeetion 36, Township 1 South, Range 5 East, P.M,M" Gallatin County, Montana, except the existing homestead, cell tower area and approximately I 0 acres near the cell tower for the solid waste transfer facility. After May 16, 2004, the grain bin will be available to store grain, the corrals will be available fe)r livestock iC a portion of the property is grazed, and the steel sided shop building will be available to the Lessee for his use. 2, Term: To have and to hold said premises according to the provisions hereof for a period of one (1) year from and after January 1,2005, and unless terminated upon notice in writing given by either party to the othcr not less than sixty (60) days prior to the end oCthc initial tel1n or any annual extension thereof, unless sooner tenninated as herein provided. 3, CQu.sid9ration: I, Lessee shall pay to the Lessor, as rental for the demised premises, a cash amount equal to 25 (Yo of the value of any crop harvested frOln the prcmises, based on market prices at the time said crop is harvested, fen' each year that this Lease remains in full force and effect. I[ chemicals are used to control weeds in the grazing pasturc, the Lessor will reimburse the Lessec for the cost of the chemicals, in an amount not to exceed $200 annually. Payment shall be made to Lessor on January 1, 2006 at Lessor's office located at 411 East M ai n Street, Bozernan, Montana 59715, or rnailed to: City of Bozeman, P,O. Box 1230, Bozeman, Montana 59771. 4 ,R.~P,lli1L;:'lE.d-_.JD.lm:Qyemel~J$: Lessee agrees to protect all improvements upon said premiscs 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, with reasonable wear, tear and darn age by the clements exceptcd. 5. Use of Premises: Lessee agrees to utilize said premises in a good f~mner-like manner and according to the ordinary methods of husbandry employed in the area and to commit no waste upon the property, Lessee agrees that he will not use, or permit to hc used, any part of said premises for any other purpose than nOlTIlal famling purposes without the prior written consent of the Lessor. Lessee further agrees to conduct his activities in compliance with all State or County laws and regulations regarding the control of noxious weeds, 6. No Assignment or Sublease: Lessee agrees that he will not assign this Lease, nor will he sublet the premises, or any part thcrcot~ without the prior written consent of thc Lessor. 7, Surrender oCPremiscs to Lessor: Lessee further agrees that at the tcrrnin;,tion of" this Lease, '.vhether hy cxpiration of its teml, by default or as otherwise provided herein, he will immediately sunender posscssion of said prelnises to Lessor with the improvements thereon in as good condition and state of repair as the samc now are, with reasonable wcar, tear and damage from the elements alone excepted, 8, Lessor's RightJo Tcnninate: Lessor hereby reserves, and Lessee grants to Lessor, the right to terminate this Lease at any time upon sixty (60) days' written notice; provided, however, that i rthe Lessee has seeded and fertilized the prenllses and said sixty (60) days run prior to grain harvest or first cutting, this Lease shall be extended until the harvest or first cutting has been completed. 9. Notice to Lessee: Notice may be given by Lessor to Lessee by mailing the same to Lessee at the address provided herein. Noticc shall he dcemed delivered when the notice is deposited with the Unitcd States Post Office, first class postage, prepaid, addressed to the following: Josh .Ioncs, 8459 Huffine Lane, Bozeman, Montana 59718. 1 (1, Defaults: Should Lessee dehlult in the payment of any rental, or otherwise default in the perfonnance of any tellll or condition of this agreement, Lcssor may immediately re-enter and re-take possession ofthe premises, or any part thereof~ without notice and without the necessity of resorting to any legal action whatsoevcr, without such re-entry working a forfeiture of the rents to be paid, or at its option, Lessor may cancel this lease and re-enter and re-take possession. 11. Acccss: There is further reserved unto the Lcssor, its successors and assigns, the right or access and entry upon the lands to rnake field inspections, examinations, soil tests, and other cvaluations in connection with a detennination orthe highest and best use of the lands herein leased. Should any such testing he disruptive of planted crops, Lessee will be notified and f~lir1y compensated for damaged crop. 12, Cons1nt~tion ofImprovements: Lessor hereby adviscs, and Lessee hereby acknowledges, that Lessor will be constructing a solid waste transfer station facility on the approximately 10 acres ncar the cell sitc cxcludcd from this lease, and that during construction care will be taken to protect crop planted in the area, but that it is possible that some damage to crop nlaY occur during construction, Lessor will inform Lessec at the earliest possible time the exact area that will be under construction, 13, fIold Harmless: Lessor shall not be liable 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 manncr conneetcd with the use of said leased premises, or any part thereof, or arising out of or in any manner connected with the condition thereof or the prcvious maintenance thereof. Lessee shall indemnify and hold Lessor harmless from any and all injury, cost, loss, liability, expense or damage, or claim thereof, including reasonable attorney's fees. 13, Miscellaneous Covenants and Provisiom~ a, Lessee agrees that he will not use or pennit the use oUhe demised premises contrary to any valid laws oUhc State of Montana or ordinance of the County of Gallatin or City of Bozeman and will save Lessor harmless from any and all claims for damages which may be sustained by reason of anything which may occur upon said prcmises or arise from thc use or occupancy thereofby the Lessee, b, The covcnants 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 en Corce such Corfeiturc on any subsequent breach. c, It is mutually agreed and understood that in the event either party hereto shall bring any legal action against thc othcr to enforcc any right or obligation based upon this Lease, the successful party in such legal action shall be entitled to recovcr in such action a judgmentliw all costs and cxpenses of any kind and nature whatsoever incident to the prosecution or defense of such action or the preparation thereof: including reasonable attorney's fees. d, It is mutually understood and agreed that time sha!1 be ofthc essence of ' this agreement and that the tenns hereof shall bind the heirs, personal representatives, successors and assigns of the 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, arc merged herein and this documcnt constitutes the entire understanding of the paliies, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written, ~\\\\"IIII/1JIIIII. I\"v. ~ itIt :J'II/. ~ ' JA.~ ~ "" . ". ~".n ~ *' 0 . . u<' ~ ~" a jI ~ :::: r.,.;. "fAR . 0 $'. ~~:~O !AC.~~ E *: SEi":" . k ~ ~ " rll ..\, ~ c.P 9 .A-.,;"" ""'~.::: ~ ~ . ~ ~' -.~I:'~ ~-1~.. . . ....(\\"~ ~IIII. OF MO\~,\\,-$' ;(11111/111I1\\\\\\\ ~. a./Jw;JM Notary Puhlic for the/State of Montana residing at Bozeman My commission expires JklJyt_~I_L~,DD c.-, STATE OF MONTANA ) ) ss, County of Gallatin ) On this d.tf day of kJOV~_.____,.,_, 2004, hefore me, the undersigned, a Notary Public for the State of Montana, personally appeared JOSH JONES, known to me to he the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same, (SR~\l\'l\llll' III/III/I ~", C' G 0 II//,- ~ Lt>-. . . . . ,s.n ~ ~ A;.:V It . U~ ~ ~ ""'~. Ii ~ ~ ~ 'If' . TAD . (" ~ ~ (J : ~O qIAC. f'"' ~ = = ~ *: S""-' \1 ~ * 3 - . 1~ j, 1. . ~(j'l' .ll .....T:~ ~/". ,'i2:$" 1z ""IrS' . . , . . ~'\~ ~ ////11/ OF MO \\,,0$1- 11/111/111111\\\\\\ c IN WITN ESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written, LESSOR: CITY OF BOZEMAN BY~),~_ Chris A. Kukulski City Managcr ATTEST: ~-/~: ~ ...-;" /, .~ ~ Ro in L. Sullivan Clerk of the Commission LESSEE: STATE OF MONTANA ) ) ss, County of Gallatin ) l\ On this. 0t;tVl_ day of J\lJu.nA\rolru ,2004, before mc, the undersigned a Notary Public fo~tde State of Montana, personally appeared CHRISTOPHER A. KUKULSKI and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk ofthe Commission, respectively, ofthe City ofBo/,cman and the persons whose names arc subscribed to the within instrument and acknowledged to mc that thcy exccuted the saIne for and on behalf of the City of Bo~er1.1an. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year flrst above written, Notary Public for the Stat Bozeman. My comlnission expires ~~3J2~ ';))t:{)~ lAy \a G b~tfY\ \