HomeMy WebLinkAbout99- Communication Site Sublease Agreement
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COMMUNICATION SITE SUBLEASE AGREEMENT
TIllS SUBLEASE AGREEMENT "Agreement" is entered into this ,;)'=' -{J, day of
FdrlAd.-rV ' 199:L between Touch America, Inc.lt, a Montana Corporation, 130 North Main
Street, Butte, Montana 59701 "Lessor", and, jointly, Gallatin County, Montana and the City of
Bozeman, Montana, "Lessee":
WITNES SETH:
1. PREMTSES LEASED.
In consideration of the rents to be paid and the covenants to be perfonned by Lessee as set forth in
this Agreement, Lessor does lease to Lessee:
b.
c.
Emergency Power:
Other
Floor space of sufficient square footage to locate one (1) cabinet for an
emergency service radio transciever, consisting of approximately six (6)
square feet.
110 volts a.c.
Tower space for one (1) antenna.
a.
Building Area:
located at Lessor's Nixon Beacon Microwave Repeater Site, ("Premises")
2. lERM.
TO HAVE AND TO HOLD for a period of Five (5) years, beginning on January 1, 1999, and
ending on December 31,2004, unless tenninated sooner as herein provided.
3 RENTAL
Lessee agrees to pay as rental the amount of $1 00 per month per rack or cabinet, payable monthly
or annually in one lump sum of$I,200. Lessee shall make payments to the Lessor at its office at 130
North Main Street, Butte, Montana 59701, ATTN. Lease Coordinator The payment shall be adjusted
periodically as follows: The first year's rent shall be $1,20000. On the anniversary of this Agreement
and on each following anniversary, the annual rental shall be adjusted based upon the most up-to-date
Consumer Price Index for all urban consumers for all items U.S. City Average (CPI-V), as published
by the U.S. Department of Labor and Statistics.
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The following is an example calculation showing the procedure to be used in calculating the payment
escalations:
Base CPI-U = 164.8
Up-to-Date CPI-U = 168.1
Base Rental Payment = $1,200.00 annually or $10000 monthly
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Aqjustcd Payment = Base Payment x (Up-to-Date CPI-U)
Base CPI-U
Aqjustcd Payment = $1,200.00 x 168.1
164.8
Adjusted Payment = $1,200.00 x 1.02
Adjusted Payment - $1,224.00 per year, or $10200 per month
4. USE OF PREMISES.
a) It is understood and agreed that this Agreement is made for the purpose of pennitting Lessee
to use a portion of the Lessor's building space and tower space at for the installation, operation and
maintenance of communication equipment. Lessee agrees to use the Premises in a good, business-like
manner and according to the ordinary methods of operations employed in the industry Lessee agrees
its will not use or pennit to be used any part of the Premises for any purpose other than the stated
purpose without first obtaining Lessor's written consent. Lessee further agrees, at its expense, to
comply with all local, county, state and federal laws and regulations regarding the operation of its
communication equipment. Lessee agrees that it shall abide by the tenns and conditions of all pennits,
easements and other agreements which affect the Lessor's use of the Premises. The pennits, easements
and other agreements affecting this Agreement are listed in the attached Communication Site Lease
Agreement Addendum, incorporated herein by reference.
b) Lessee shall take all reasonable precautions for the safety of, and shall provide all reasonable
protection to prevent damage, injury or loss to its employees or contractors and property located on
the Premises
5. TERMINATION.
The parties hereto shall have the right to tenninate this Agreement at any time upon giving at least
one hundred twenty (120) days, prior written notice. Upon tennination by Lessor under this paragraph
only, Lessor shall refund to Lessee a pro-rata portion of the rental sum for the balance of the year for
which rent has been paid. Lessor shall make every reasonable attempt to notity Lessee of tennination
twelve (12) months in advance if possible. Lessor will also make every reasonable attempt to avoid
tennination at such time that will require winter construction for Lessee.
6. RENEWAL.
Lessee shall have the right to extend this Agreement for five additional, five-year tenus ("Renewal
Tenn"). Each Renewal Tenn will be on the same tenns and conditions as set forth herein, except that
the rent shall be increased after each year in accordance with Section 3 of this Agreement.
This Agreement will automatically renew for each successive Renewal Term unless Lessee shall
notify Lessor, in writing ,of Lessee's intention not to renew this Lease, at least 60 days prior to the
expiration of the term or any Renewal Term or if Lessor shall otherwise terminate the Agreement as
provided herein.
If Lessee remains in possession of the Premises at the expiration of this Agreement, such tenancy
will be deemed a month-to-month tenancy under the same terms and conditions of this Agreement.
7. MASTER LEASE
Touch America is currently operating without a formal lease agreement with the landowner
Amorex Land Company ("Amorex"), 1145 North Green Bay Road, Lake Forest, IL 60045. The
parties acknowledge that Lessor's rights to the Premises are subject to the demands and requests of
Amorex. All provisions of this Agreement are subordinated and subject to the terms and conditions
that Amorex may legally institute or that may be negotiated by the parties at a later date. Lessee shall
obtain written pennission from Amorex to sublease at this site, including the right to use the access
road to the site for maintenance or repairs by Lessee's contractor.
8. UTILITIES AND SERVICES.
Lessee shall provide all utilities and services necessary for its use, except those provided by Lessor
as follows: existing lighting, air conditioning and heat. If modifications to any utilities or services are
required, the responsibility and expense of such changes, additions or modifications shall be Lessee's.
9. INSTALLATION AND MAINTENANCE.
(a) Lessee agrees to protect the Premises and to keep it in a clean, sanitary and orderly condition.
Lessee, at its own expense, shall maintain its equipment, including, but in no way limited to, the
electrical and mechanical maintenance of antennas, transmitters, receivers and other equipment, and
any related facilities. Lessee or its contractor shall install and maintain its equipment, in accordance
with prevailing engineering standards to ensure that Lessee's equipment at all times conforms with the
requirements of the Federal Communications Commission, all other public authorities having
jurisdiction over Lessee's operation and the Lessor's installation and maintenance guidelines as outlined
in the attached Communication Site Lease Agreement Addendum. All personnel performing work on
Lessee's equipment shall be acceptable to Lessor, and Lessee shall supply the names and addresses of
such personnel to Lessor.
(b) All alterations and additions to Lessee's initially approved installed equipment shall be approved by
Lessor prior to subsequent installations. If additions or alterations are made without consent, Lessee
agrees that the additions or alternatives will become part of the realty and the property of Lessor. Any
permanent addition to the Premises made by Lessee, shall, at the end of the lease term, become part of
the realty and the property of the Lessor, unless otherwise specified.
(c) All expenses incurred by Lessor to modify its facilities to accommodate Lessee or to perform
installation or maintenance of behalf of the Lessee, or expenses incurred resulting from Lessee's
negligent use of the Premises, shall be charged to Lessee and Lessee hereby agrees to pay these
expenses within ten (10) days of receipt of an invoice.
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10. INTERFERENCE AND DEGRADA nON OF LESSOR'S EOUIPMENT
If the installation, operation or maintenance of Lessee's equipment in any way interferes with or
degrades the installation, operation or maintenance of Lessor's equipment, Lessee shall immediately
remedy the interference or degradation at its expense. If Lessee fails to take immediate action to
remedy said interference or degradation, Lessor, at its option, shall have the right to perform the work
necessary to remedy said interference or degradation and charge Lessee for the cost, or Lessor shall
have to right to disconnect Lessee's equipment. Lessor shall make all reasonable efforts to avoid
disconnecting Lessee's equipment. Lessor recognizes that Lessee's equipment is important to
public safety and will only disconnect Lessee's equipment as a last resort. Lessee shall be
responsible for taking such action as may be necessary to prevent interference with the equipment of
other third parties at the site.
11. ENVIRONMENTAL LAWS
(a) Envirorunental Laws means all applicable present and future statutes, regulations, rules,
ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, and similar
items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of
the United States, states and political subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of human health or the
envirorunent, including without limitation:
(i) All requirements, including but not limited to those pertaining to reporting, licensing,
pennitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of
"Hazardous Materials," chemical substances, pollutants, contaminants, or hazardous or toxic
substances, materials or wastes whether solid, liquid, or gaseous in nature, into the air, surface water,
ground water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handling, of chemical substances, pollutants, contaminants, or hazardous or toxic
substances, materials, or wastes, whether solid, liquid, or gaseous in nature, and
(ii) All requirements pertaining to the protection of the health and safety of employees or the
public.
(b) Lessee represents, warrants and agrees that it will conduct its actiVIties on the Premises in
compliance with all applicable Environmental Laws. Lessor represents, warrants and agrees that it has
in the past and will in the future conduct its activities on the Premises in compliance with all applicable
Envirorunental Laws and that, to the best of its knowledge, the Premises is free of hazardous
substances, pollutants and contaminants as defined by applicable Envirorunental Laws and Regulations
as of the date of this Agreement.
(c) Lessor shall be responsible for, and shall promptly conduct any investigation and remediation as
required by any Envirorunental Laws or common law, of all spills or other releases of hazardous
substances, pollutants and contaminants not caused solely by Lessee, that have occurred or which may
occur on the pr~ses.
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(d) Lessee agrees to defend, indemnify and hold Lessee harmless from and against any and all claims,
causes of action, demands and liability including, but not limited to, damages, costs, expenses,
assessments, penalties, fines, losses, judgment and attorney's fees that Lessor may suffer due to the
existence or discovery of any hazardous substances, pollutants and contaminants on the Premises or the
migration of any hazardous substances, pollutants and contaminants to other properties or released into
the environment, that relate to or arise from Lessee's activities on the Premises.
(e) Lessor agrees to defend, indemnify and hold Lessee harmless from and against any and all claims,
causes of action, demands and liability including, but not limited to, damages, costs, expenses,
assessments, penalties, fines, losses, judgment and attorney's fees that Lessee may suffer due to the
existence or discovery of any hazardous substances, pollutants and contaminants on the Premises or the
migration of any hazardous substances, pollutants and contaminants to other properties or released into
the environment, that relate to or arise from Lessor's activities during this Lease and from all activities
on the Premises, which are negligently or willfully caused by Lessor or its agents, prior to the
commencement of this Lease.
(f) The indemnifications in this section specifically include costs incurred in connection with any
investigation of site conditions or any cleanup, remedial, removal or restoration work required by any
government authority. The indemnifications in this section shall survive tennination of this Agreement.
12 TAXES.
Lessee shall be responsible for all taxes and assessments on its personal property located on the
Premises.
13. LIABILITY
Lessee and Lessor agree to indemnify and save hannless the other party, its officers, agents and
employees, against and from any and all fees, expenses (including reasonable attorneys' fees and court
costs, incurred enforcing this obligation or a third party claim), actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, resulting from, or occurring in connection with, the
perfonnance of the Agreement; provided, however, that each party shall not be liable to the other party
when such damage, injury or death results from the negligence or other breach of legal duty of Lessee
or Lessor. This obligation shall survive tennination of the Agreement.
14. RISK OF LOSS AND INSURANCE.
Lessee shall bear the entire risk of loss, theft, damage or destruction of its equipment on the
Premises during the tenn of this Agreement. Lessee shall obtain and maintain at all times during the
tenn of this Agreement fire and a comprehensive general liability insurance policy against any loss or
liability for damages which might result to the Premises and equipment therein, from the use,
occupation or condition of the Premises in such amounts as shall be approved by Lessor. All insurance
policies specified shall name Lessor as an additional insured. Lessee shall furnish Lessor a copy of such
insurance policy and renewals, and such policy shall not be canceled without written notice to Lessor.
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15. ASSIGNMENT AND SUBLEASING.
Lessee shall not assign, mortgage or encumber with any liens this Agreement or the Premises, nor
sublet or pennit the Premises to be used by others, without the express written consent of Lessor and
any appropriate pennitting agency. Lessee agrees to indemnify and save hannless the Lessor against
any such liens, claims or demands of whatsoever nature This indemnity obligation shall survive
tennination or this Agreement. However, provided Lessor's interests are not adversely affected,
Lessee may assign this Agreement to any person controlling, controlled by, or under common control
with Lessee upon written notice to Lessor.
Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Lease and may
assign this Lease to any mortgagees or holders of security interests, including their successors or
assigns, (hereinafter collectively referred to as "Mortgagees"), provided such Mortgagees agree to be
bound by the terms and provisions of this Lease. In such event, Lessor shall execute such consent to
leasehold financing as may reasonably be required by Mortgagees. Landlord agrees to notify Lessee
and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same
right to cure any default as Lessee or to remove any property of Lessee or Mortgagees located on the
Premises, except that the cure period for any Mortgagee shall not be less than ten (10) days after
receipt of the default notice. All such notices to Mortgagee shall be sent to Mortgagee at the address
specified by Lessee upon entering into a financing agreement. Failure by Lessor to give Mortgagee
such notice shall not diminish Lessor's rights against Lessee, but shall preserve all rights of Mortgagee
to cure any default.
16. SURRENDER OF PREMISES TO LESSOR.
Lessee further agrees, at the tennination of this Agreement, whether by expiration of its tenn, by
default or as otherwise provided, it will immediately surrender possession of the Premises to Lessor.
Upon tennination, Lessee shall remove all of its equipment and leave the Premises in the same
condition as at the beginning of the lease tenn, reasonable wear and tear excepted. Lessor may remove
any property belonging to the Lessee that remains on the Premises and store the same, such removal
and storage to be for the account of the Lessee and at Lessee's expense
17. DEFAULT
Should Lessee default in the perrormance of any terms, conditions, or covenants of this Lease
Agreement, and such default shall continue for a period of forty-five (45) days after written notice is
delivered to Lessee at the address herein written, Lessor may re-enter and re-take possession of the
Premises and remove the Lessee from the Premises with the necessity of resorting to any legal action
whatsoever. Such re-entry shall not operate as waiver or satisfaction in whole or in part of any claim
or demand arising out of or connected with any breach or violation by Lessee of any covenant of this
Agreement on the part of Lessee Any such re-entry shall not work a forreiture of the rent to be paid
or the covenants to be perrormed by Lessee for the full term of this Agreement. Any rights or remedies
in this Agreement shall be deemed additional to the rights and remedies provided by law
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18. SUBORDINATION.
The Lessee agrees that this Agreement shall be subordinate to any mortgages or trust deeds that
now exist or may hereafter be placed upon the Premises, to any and all advances made or to be made
under them, to the interest and all obligations secured by them, and to all renewals, replacements and
extensions of them.
19. ABANDONMENT.
The Lessee agrees not to vacate or abandon the Premises at any time during the tenn, except as
provided herein. Should the Lessee vacate or abandon said Premises or be dispossessed by process of
law or otherwise, such abandonment, vacation, or dispossession shall be a breach of the Agreement
and, in addition to any other rights which the Lessor may have, the Lessor may remove any personal
property belonging to the Lessee which remains on the Premises and store the same, such removal and
storage to be for the account of the Lessee and at the Lessee's expense
20. DESTRUCTION OF PREMISES
In the event of a total or partial destruction of the Premises during the tenn from any cause, the
Lessor shall, if it has the authority to do so, forthwith repair the same, provided such repairs can be
made within 120 days under the laws and regulations of state, federal, county or municipal authorities,
but such partial destruction shall in no way annul or void this Agreement, except that the rent reserved
to be paid hereunder shall be equitably adjusted according to the amount and value of the undamaged
space. If partial or total destruction causes the Lessee to operate its equipment in an unacceptable
manner, Lessee may tenninate this Agreement.
Should the total or partial destruction result from causes covered by the fire and extended
coverage insurance furnished by the Lessee, the insurance proceeds shall be made available to the
Lessor to effect the required repairs, upon agreement of the Lessee's insurance carrier
If such repairs cannot be made within 120 days, this Agreement may be tenninated at the option of
either party.
21. INSOLVENCY.
If any proceedings in bankruptcy or insolvency are filed against the Lessee or if any writ of
attachment or writ of execution are levied upon the interest herein of the Lessee and such proceedings
or levy shall not be released or dismissed within sixty (60) days thereafter, or if any sale of the leasehold
interest hereby created or any part thereof should be made under the execution or other judicial
process, or if the Lessee shall made any assignment for benefit of creditors shall voluntarily institute
bankruptcy or insolvency proceedings, the Lessor, if not prohibited by law, may re-enter and take
possession of said Premises and remove all persons therefrom and may, at Lessor's option, tenninate
this Agreement.
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22. DISCLAIMER OF WARRANTIES.
Lessee represents that it has inspected the Premises and facilities to be leased and enters into this
Agreement based on its own inspection of the Premises. Lessor makes no representation or warranties
whatsoever that the Premises leased or facilities used are suitable for the use to which they are to be
put.
23. ENFORCEMENT.
In any action between the parties hereto seeking enforcement of any of the terms and provisions of
this Agreement, the prevailing party in such action shall be awarded, in addition to other relief, its
reasonable costs and expenses and reasonable attorney fees.
24. TIME IS OF THE ESSENCE.
Time is and shall be deemed of the essence with respect to the performance of each provision of
this Agreement.
25. WAIVER OF DEFAULT.
Lessee's or Lessor's waiver of any conditions of the Agreement shall not be construed as a
waiver of any further breach of the same condition, and Lessee's or Lessor's consent or approval to
any act shall not be deemed to waive or render unnecessary Lessee's or Lessor's consent or approval to
any subsequent similar act by Lessor or Lessee.
26. NOTICES.
Any notice either party may be required to give to the other party herein shall be deemed complete
when the letter is deposited in a United States Post Office, certified, return receipt requested, postage
prepaid, at the following address or other such address as hereinafter designated:
Touch America, Inc. <!l
130 North Main Street
Butte, MT 59701
ATTN: Lease Coordinator
406-496-5100
Gallatin County, Montana and the City of Bozeman, Montana
615 South 16th Avenue
Bozeman, MT 59715
ATTN: 911 Administrator
406-582-2092
27. BINDING EFFECT.
This Agreement is binding upon and will inure to the benefit of the parties hereto and their heirs,
successors and assigns.
28. HEADINGS
The headings are inserted for convenience only and shall not be construed as a part of this
Agreement.
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29. LAWS AND REGULATIONS
The Lessee agrees to comply fully with all applicable State and Federal laws, regulations and
municipal ordinances. Lessee shall also comply with all applicable environmental laws.
30. SEVERABILITY
If any portion of this Agreement shall be held to be void or unenforceable, the balance shall
continue to be effective.
33. AUfHORIZATION
Each party represents that is has full power and authority to enter into and perform this
Agreement and the person signing this Agreement on behalf of each party has been properly authorized
and empowered to enter into this Agreement.
34. ENTIRE AGREEMENT
This Agreement represents the entire agreement of the parties and supersedes all prior agreements,
understandings, or representations, whether oral or written. This Agreement shall not be amended
except if done in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year written above.
LESSEE: LESSOR:
GALLATIN COUNTY, MONTANA TOUCH AMERICA, INC.~
By By 7<./~ 'd~
Its-(l\..ci\\' 'f C~ IlioSI~ ~J ;... Its: General Manager, Corporate Services
JOINTLY WITH:
CITY OF BOZEMAN, MONTANA
By. ~~
lis: City Manaqer
7:6297RTUpsm
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COMMUNICATION SITE LEASE AGREEMENT ADDENDUM
BETWEEN TOUCH AMERICA, INC., "LESSOR", and GALLATIN COUNTY,
MONTANA/CITY OF BOZEMAN, MONTANA, "LESSEE"
SITE NAME: Nixon Beacon Repeater
LEASE DATED: F.e-br~ (}(P--tb / 11qq
I. INSTALLATION
All installation of Lessee's equipment will confonn to the following:
A. The National Electrical Code and any other applicable national, state or local codes.
B. The installation standards and practices of Touch America. Specific infonnation is available
upon request. Certain general standards follow:
1. All equipment shall be mounted in 19-inch open racks, 7'6" tall, unless other specific
arrangements are made.
2. All equipment covers will be in place, and other measure required to limit interfering
radiated signals will be used.
3. All AC-DC electrical and signal wiring will be run in separate conduits, ducts or cable trays
unless specific approval in writing is given to share Lessor's duct or trays.
4. Separate cable demark board will be required and will not interpose or occupy space on
Lessor's demark board unless Lessor's approval is granted.
5. All wiring, cabling, coaxes and feedlines shall be neat, properly anchored and without
unnecessary slack or loops.
6. All antennas and feedlines shall be grounded externally to the building. All equipment shall
be grounded (internally to the building) to the single point grounding bus bar.
II. MAINTENANCE
Lessee will perfonn or have perfonned the necessary work required to keep the installed
equipment in confonnity with all applicable laws and the tenns and conditions of the Lease
Agreement. The following guidelines will govern the work of Lessee and/or its approved
contractor:
A. Subject to Article 10 of the Lease Agreement, Lessor will provide Lessee with a key or a
designated location to obtain a key on a daily basis for access to the site.
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B. Lessee or its contractor will notify Lessor of its intention to enter the site, the nature of the
work to be performed and the anticipated date and time of arrival. Lessee or its contractor will
contact Lessor's operations and maintenance trouble desk at 1-800-735-6806 and report when
entering the station and when leaving the station. All temporary adjustments to Lessor's
equipment will be cleared with Lessor prior to being made and returned to normal before
leaving the Premises, unless instructed to do othetwise by Lessor's designated representative.
C. Lessee will keep its equipment neat and clean and provide Lessor with copies of all renewals of
permits and licenses necessary to occupy the site and operate its equipment.
D. Lessee will abide by the terms and conditions of the attached Land Use License and Right-of-
Way Easement.
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LAND USE LICENSE NO. 454
RECEJVE:O
;:\ P R :~ .~ j S 8 7
The STATE OF MONTANA, DEPARTi~ENT OF STATE LANDS, he rei n grants TELECoAM~NfcA-NoNs
RESOURCES, INC., Mr. Thomas Lough, 16 East Granite, Butte, Montana 59701 ------------- ,
her~in called Licensee, a LAND USE LICENSE to occupy and use lands administered by the
DEPART~lENT OF STATE LANDS, subject to all of the terms and conditions hereof.
1. DESCRIPTION
A tract or strip of land described as follows: E~E~, Section 36, Townshio 3
North, Range 3 East, Principal Meridian Montana, Gallatin County, Montana ---------------
2. FILING FEE
A fee of Twenty-Five ($25.00) shall be due and payable to the Licensor upon
acceptance of this Land Use License.
3. ~
Be-ginning !.ipun aCl..t:jJtancE': of tlds licensE':, anO:: fui' tj"Ili: tt:r'Ii"1 or Ulis lil..o=I1St2,
the Licensee agrees to pay, in advance, a rental of TWO HUNDRED AND NO/lOa DOLLARS ----
<.....
($200.00)-------------------------------------------------------------------------------
4. DURATION
This License shall take effect upon signature of the Administrator, Lands
Division and remain in full for~~ and effect up to and including FEBRUARY 28. ]9RR
unless cancelled on account of sale or ex~hang~ of the land or for other good and sufficien-
reason prior to such date.
5. 'pURPOSE
The purpose of this Land Use License is TO UTILIZE AN EXISTING ROAD TO MAINTAIN
A COMMUNICATION SITE ON PRIVATE LAND ------------------------------------------------------
--~-----.-_.--------.._---.---------------------------------------------------------.-------
6. RECLAr~ATiON OF THE LAND
The Licensee will take all reasonable precautions to prevent or minimize
damage to natural (e.e., vegetation, soil I water, wildlife) and cultural resources
c . >
.J
within the areas of the Land Use License. Upon cancellation of this License by either
party to this agreement, or upon final expiration of agreement, the Licensee shall reclaim
the area to the specifications of the Licensor. Such reclamation shall include, but not
be limited to the elimination of all trace of disturbances, compaction, and movement of
construction equipment. Licensee shall be reqUired to reseed all disturbed areas with
native species of grasses, unless other arrangements are agreed upon between the Licensor
and the Licensee in writing. Hhen any action requires a surface disturbance, all soil
materials shall be salvaged, safeguarded from loss due to wind or water erosion or machine>
activity, and shall be replaced on all disturbed areas.
7. MONITORING SITES
The Licensee \1ill maintain the area within the Land Use License in a neat and
orderly mallner and will allow no waste or debris to accumulate thereon.
8. WEATHER CONDITIONS
The Licensor reserves the right to restrict or preclude any surface activity
during periods of adverse weather and other conditions which may attribute to accelerated
erosion, fire hazard, disruption of seasonal wildlife, or any other condition which in the
opinion of the Department may have an adverse effect on Trust land. Prior to commencing
permitted activities, the Licensee will contact the appropriate Area Office.
g. NOXIOUS HEEDS
The Licensee shall be responsible for controlling any noxious weeds introduced
by Licensee's activity on State-owned land. The Licensee's methods of control must be
reviewed 'by the Department of State Lands Area Field Office that has jurisdiction for that
locale.
~
The Licensee shall comply with the Montana County Noxious Weed Management Act,
Section 77-22-2101 MeA. as follows: The Licensee shall notify the local weed board that
is r::p:n!ible for th~t neonraphlc~l area th~t the project is located in. If the Licensee
disturbs vegetation for any reason, Licensee shall be required to revegetate as discussed
previously in Clause #6. The Licensee shall submit to the local weed board a written plan
specifying the methods to be used Lo accomplish revegetation. The plan must describe the
time and method of seeding; fertilization, recommended plant species, use of weed-free
seed, and the weed management procedures to be used. This plan is subject to approval by
the local weed board. and therefore must be signed by the chairman of the board.
Failure to abide by these provisions may result in the cancellation of the Licensee.
'~, '
10. LIABILITIES
Th~ Licensee-agrees to assume responsibility for fires that may result from use
of the authority given here and shall save the Licensor and Licensor's Surface Lessee(s),
State Lease #396 - DeHaan Brothers --------.-------------------------------------------
harmless from all claims and lawsuits that may result from any and all damages or death
to persons and/or property that occur upon or about said land caused by or arising out of
Licensee's use of the sUbject area hereunder. The Licensee further agrees that they will
be respons-ible for any damages to the surface lessee's property or leasehold interests
that may be caused when entering, crossing, or leaving state-owned subject land.
11. LIMITATiON OF AUTHORITY
Other than for the purposes specifically described in this agreement, the
Licensee agrees that it does not, and shall not claim at any time any interests or
estate of any kind or extent whatsoever in the premise by virtue of this License or their
occupany or use hereunder.
12. SPECiAL STIPULATIONS
A. NO IMPROVEMENT TO THIS ROAD SHALL OCCUR WITHOUT WRITTEN
PERMISSION FROM THE OSL UNIT OFFICE IN BOZEMAN.
B. THE SURFACE LESSEE SHALL BE CONTACTED AND ALL DAMAGES T
HIS LEASE SHALL BE SETTLED PRIOR TO ROAD USE.
13. TER1'lINATION OF LAND USE LICENSE
The Licensor resery~s the right to terminate the permission hereby granted at
any time by giving the Licensee nO less than ten (10) days written notice of such terminatic
except that the Licensor may terminate the permission forthwith at any time, if Licensee
fails to comply with. or abide by, each and all of the provisions hereof or ceases to use
the permission hereby granted.
IN WmJESS WHEREOF, THE PARTIES HAVE EXECUTED THIS LAND USE LICENSE
THIS ";;--7~ DAY OF ~rt 1 , 19.d:..2..
STATE OF MONTANA
D~pll,PT~lpJT OF ST,lI.TE !...^~!DS
DENNIS HEMi'IF.R, COMMISSIONER
CAPITOL STATrON
HELENA, ~lOinANA 59620
TELECOMMUNICATIONS RESOURCES, INC.
16 ~;,sr GR.^J'ITE
BUT;E, MUNT\NA ~Y~Ol
BY a ~i~
R. THOMAS LOUGH
BY:
DATE: ~/l7l37
f IU~ 96 PJGE 444
ACCESS ROAD
RIGHT-OF-WAY EASEMENT
Ralph E. Green and Gunvor A L. Green ,his wife
and , his wife of
Box Sf', Three Forks, Montana, 59752, (Grantors), in consideration of $1 00, and
other good and valuable consideration, in hand paid, the receipt of which is
hereby acknowledged, does hereby grant and convey to Telecommunications Resources
Inc., a corporation, whose post office address is 16 East Granite Street, Butte,
Montana, 59701, and to its sucessors, assigns, and permittees (Grantee), the right
to use and maintain; A Right-of-Way Easement for road access over, along and
across that certain real property, located in Gallatin County, Montana and
particularly described as follows to-wit. Connecting with the county road in the
NEt of Section I, T2N, R2E, running southeast into Section 6, T2N, R3E, south and
easterly to Section 5, south into Section 5, northeast across the S~ of Section 5,
and the N~ of Section 4 all in T2N, R3E, then across the SEtSEt of Section 33,
T3N, R3E, to the east boundry of Section 33. Together with the right of access to
said right of way over and along existing roads and trails.
THE GRANTOR(S) do hereby covenant with the Grantee that they are lawfully seized
snd possessed of the real estate above-descriped, that they have a good and lawful
right to convey it, or any part thereof, and that the Grantods) will forever
warrant snd defend the title hereto against the lawful claims of all persons
whatsoever.
~~ ~ hand:>
~~~
q/~-
this
:rt...
.;Z'S" day of f'~ '
19 f7
STATE OF
)
)ss.
)
COUNTY OF
On this ~~ day of -f~ ,19a., befp;;e me an N9ta;:y Public for
the State of~-n:::-",," ,perso ally appeared ~,J{!;; e ., 6 U!f/tI,," A.L.
1'lJ,.If.,.t-AI '~ known to me to be the pers n ~ whose name ~
~ subcribed to the above instrument and acknowledged to
me that.; ~ executed the sa~e.
~~~~~~REOF, I have hereunto set my hand and affixed my Notarial Seal
th~~~~ and ~~~~frst above written.
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168466
Filed
for rec"ld i:.hir. 25t;
and Recorded in Book
County of Gallatin
on Page 444 of the
(:.ay c,~cd:: j: u.a.rj" , ... Y (,; /
96 . of MI'SC.
, State of Montana.
~~
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PM
Records of
Rt: Mike Grende
c/o Entich
16 E. Granite
Butte, MT 59701
$5.00pd.
tiL~ .r(. (W_
CLERK AND RECORDER
By O;nt.f?li:!)~ IJJCk;cr
Return to: Telecommunications Resources Inc.
c/o Entech Land Department
16 East Granite Street
Butte, Montana 59701
Project
Map No.
Chg. No.
Tract No.
we:I2:0039
.
STATE OF MONTANA )
)S5.
COUNTY OF ).
On this ~J.. day of /IIIt:J..-ILcJ, , 19U before me, the under-
signed, a Notary Public for the State of Montana, personally appeared ~N~~ ~
e ,known to me to be the ?A~"!.I~ for crAil.... . ~..."."
<lo , the corporation that executed the foregoing instrument, and
acknowledged to me that such corporation executed the same. k?
~? e<7~dL
Nota Publ.l,J;..igr ...,the State of Montana
Residing at ~ontana.
My commission expires: ~.!~. f18:J
-6-