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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) , \ .,! ,~ " " " \/ l.l ,\.( \'.~C..-- L'h/':L c';l :'1<,'( .-' Notary PublIc for q'!PState oi,Montana .__HJJ1. (>, L__C., (' i (yr;(5~_I<_______ (Printed Name ofN6 ary Public) Residing at f?1r7k/(1/[{{ '1,/''''_'__'' ___ My commission expires "~ / Z <; /2 cu '/ ,- j' / LESSEE: ( \ i I /,' ",--- . ,....'" ",) .. Donald D. Dodge "'-. <("\lJ (I ); ", ~; i'i',! ~ .- -----.-\-t "\ 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 @If'./i4/{A:r . '-~/f'm,,9/V (Printed Name of Notary Public) Residing at do~.;Id4.1f/ .....lt1r._.., __._._ My commission expires /)_r:;. ~c:2 00 '7 ~()