HomeMy WebLinkAbout05- Jones Agricultural Lease
AGRICUL'l'URAL LEASE
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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.
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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,
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Notary Puhlic for the/State of Montana residing
at Bozeman
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STATE OF MONTANA )
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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,
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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:
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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:{)~
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