HomeMy WebLinkAbout05- Dodge Agricultural Lease
AGRICULTURAL LEASE
TH IS AGREEMENT, made and entcred into this _1.QJJL day of June , 2005, by
and between the City of Bozeman, a municipal cOlvoration located at 411 East Main Street,
Bozeman, Montana 59715, hereinafter referred to as "LESSOR," and DONALD D. DODGE, of
3185 Bridger Canyon Road, Bozeman, Montana 59715, hereinafter refelTed to as "LESSEE."
WITNESSETH:
1 , prem i ses Leasect~
Por and in consideration of the rents to bc paid and the covenants to be performed by
Lessee as hereinafter set forth, Lessor does hereby demise, lease and let unto Lessce those certain
lots, pieces or parcels ofreal property situated, lying and being in the County orGallatin, State of
Montana, and more particularly described as follows:
NW 1'4 , NW 1'4, Section 28 Township 1 South, Range 6 East, P,M,M. containing an
area or 40 acres more or less,
2, Teml:
To have and to hold said premises according to the provisions hereof for a period of
three (3) years from and after the date 1irst above written, and unless terminated upon notice in
writing given by either party to the other not less than sixty (60) days prior to the end orthe initial
tellll or any annual extension thereof, unless sooner tenninated as herein provided.
3, Rent:1L:.
Lessee shall pay to the Lessor, as rental for the demiscd premises, the sum of Four
Hundred Scventy-five and No/lOO Dollars ($475) per annum, payable in advance, to Lessor at its
office in Bozeman, Montana, July 1, annually.
4, Repairs and Improvements:
Lessee agrees to protect all improvements upon said premises and to keep the same in
as good condition and bear all expenses of repairing fences, and other improvements, Any ncw
improvements made during this lease shall remain on the land as property of the Lessor unless
otherwise excepted by the terms of this lease,
5, Use of Premises:
Lessee agrees to utilize said premises in a good farmcr-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 be used, any part of said premises for any other
purpose than nOTIna] rarming or grazing purposes without the prior written consent ofthe Lessor.
Lessee further agrees to comply with all State and County laws and regulations regarding the control
of noxious wecds at the sole expense of the Lessee and to hold Lessor hallllless rrom said control of
noxious wceds,
6, No Assjgnmcnt or Sublcas~:
Lessee agrees that he will not assign this Lease, nor will he sublet the premises, or any
part thereof: without the prior written consent of the Lessor.
7, Surrender oCPremises to LeS.50r:
Lessee further agrecs that at the tennination of this Lease, whether by expiration of its
tenn, by default, or as otherwise provided herein, he will immediately surrcnder possession of said
premiscs to Lessor with the improvements thereon in as good condition and repair as the same now
are, reasonable wear, tear and damage from the clements alone excepted.
8, Lessor's Right to Tenllinate:
Lessor hereby reserves, and Lessee grants to Lessor, the right to tenninate this Lease
at any time upon sixty (60) days' written noticc; provided, however, in the event of such termination,
that iftbe Lessee shall have paid rental in advance for the period during which this Icase is can cell cd,
an amount shall be repaid to Lessee proportionate to the unexpired period for which the rental has
been paid in advance, and with consideration to be given for any unharvested crops,
9, Noticc to Lcssee:
Notice many be given by Lessor to Lessee by mailing the same to Lessee at the
address provided herein. Notice shall be deemed delivered when the notice is deposited with the
United States Post Office, first class postage prepaid,
10. Defaults:
Should Lessee default in the payment of any rental, or otberwise default in thc
perfom1anee of any term or condition of this agreement, Lessor may immediately re-enter and
re-takc possession of the premises, or any part thereof, without notice and without the necessity of
resorting to any legal action whatsoever, without such re-entry working a forfeiture of the rcnts to be
paid, or at its option, Lessor may cancel this lease and re-enter and re-takc possession,
11, Access:
There is further reserved unto the Lessor, its successors ancl assigns, the right of
access and entry upon the lands to makc field inspections, examinations, soil tests, and other
evaluations in connection with a detennination of the highcst and best use of the lands hercin leascd,
12, Jlold Hannless - Liability Insurance:
Lessor shall not be liable in any manner to the Lessee, or to any other party or partics,
Jar any loss, cost, damage or injury arising out of or in any manner conncctcd with the use of said
leased premises, or any part thereof, or m1sing out of or in any manner connected with the condition
thereof or the previous maintenance thereof. Lessee shall indemnify and hold Lessor hamllcss from
any and all injury, cost, loss, liability, expense or damage, or claim thereot:
13, Miscen~n1eous Covenants and PIovisions:
a, Lessee agrees that he will not use or permit the use ofthe demised premises
contrary to any valid laws ofthe State of Montana or ordinance of the County of Gallatin or City of
Bozeman and will savc 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 thereof by the Lessee,
b, The covenants and conditions of this Lease shall be deemed continuing and
any forbearance by Lessor to enforce Jorleiturc on the occasion of one or more brcaches thereof shall
not be construed as a waiver ofthc right to enforce such forfeiturc on any subsequent breach.
c. It is mutually agreed and understood that in the event either party hcreto 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 bc cntitled to recover in such action a judgment for all
costs and expenscs of any kind and nature whatsoever incident to the prosecution or defense of such
action or the preparation thereof, including reasonable attomey's fees.
d. It is mutually understood and agreed that time shall be of the essence of this
agreement and that the tenus 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 ofthis Lease, or any interest therein by thc Lessee, except as provided in
paragraph 6 of this Lease.
e, It is mutually understood and agreed that all prior undcrstandings ofthe
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 ycar
first above wri tten,
LESSOR:
CITY OF BOZEMA N
BY~~ k~
C ris A. Kukulski
City Manager
ATTEST:
(l~J~
Robin L. Sullivan
Clerk of the Commission
STATE OF MONTANA )
) ss,
County of Gallatin )
On this_u~~LJ"'~ day of}{l : 'UC_ __....,2005, before me, the undersigned a
Notary Public ior the State of Montana, personally appeared CHRIS A, KUKULSKI and ROBIN L.
SULLIV AN, known to me to bc thc City Manager and Clerk of the Commission, respectively, of the
City of Bozeman and the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman,
IN WITNESS WHEREOF, I have hercunto set my hand and affixed my Notarial Seal the day
and year first above written,
(SEAL)
,
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Notary PublIc for q'!PState oi,Montana
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(Printed Name ofN6 ary Public)
Residing at f?1r7k/(1/[{{ '1,/''''_'__'' ___
My commission expires "~ / Z <; /2 cu '/
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LESSEE:
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Donald D. Dodge
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STATE or MONT ANA )
) ss,
County of Gallatin )
On this -----:J.t::!- day of, 2005, before me, the undersign cd, a
Notary Public for the State of Montana, ersonally appeared DONALD D, DODGE, known to me to
bc the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
..
Notary Public for th tate t'ntana
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(Printed Name of Notary Public)
Residing at do~.;Id4.1f/ .....lt1r._.., __._._
My commission expires /)_r:;. ~c:2 00 '7
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