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Home My WebLink About23 - Leases - Heart of the Valley Inc - Unknown 2806136 Page. 1 of 5 07/2W 2023 12:0610 PM Fee $40.Oo Eric Semerad - Gallatin County, MT MISC (IIIII I IIIII III IIII I1111l1(IIIII IIII IIII IIIII IIIII IIIII IIIIIII IIIIIII IN RETURN TO: City of Bozeman, Montana Attn: City Clerk PO Box 1230 Bozeman, MT 59771-1230 REAL PROPERTY LEASE TERMINATION AGREEMENT This Real Property Lease Termination Agreement ("Termination Agreement") to terminate the Lease Agreements (`'Leases") between Lessor, the City of Bozeman, with an address of PO Box 1230, Bozeman, MT 59771, and Lessee, Heart of the Valley Inc., with an address of 1549 L. Cameron Brid- Rd. Bozeman, 50718 (collectively referred to as the "Parties") is entered into on thee ay of July, 2023. 1. Heart of the Valley, Inc. as Successor to the Humane Society of Gallatin County. The Parties agree for purposes of this Termination Agreement the Lessee is successor in interest to the Humane Society of Gallatin County. 2. Mutual Termination/Release. The Leases subject to this Termination Agreement include the following: a. A lease between the City of Bozeman, as lessor, and the Humane Society of Gallatin County, as lessee, dated October 30, 1974 recorded at Film 26, Page 1082 in the record of the Gallatin County Clerk and Recorder; b. A lease between the City of Bozeman; as lessor; and the Human Society of Gallatin County, dated August 1, 1984; c. A lease between the City of Bozeman, as lessor, and the Humane Society of Gallatin County, as lessee, dated July 17, 1995, d. A lease between the City of Bozeman, as lessor, and the Humane Society of Gallatin county; as lessee, dated February 3, 1997; c. A lease between the City of Bozeman, as lessor, and the Humane Society of Gallatin County, dated July 11, 2002; and f. A lease between the City of Bozeman, as lessor, and the Human Society of Gallatin County, dated February, 2003. The Parties mutually agree the above leases have expired and, for adequate consideration which the Parties hereby acknowledge, the Lessee hereby agrees to terminate all its rights Real Property Lease Termination Agreement Page t of 5 2806136 Page 2 of 5 07/28/2023 12:06:10 PM and interests of the Lessee to the above Leases, resulting in the discharge of all remaining duties, obligations, and functions of the Parties as set forth in the Leases. The Parties are hereby fully and unconditionally released and discharged from their respective obligations arising from or connected with the provisions of the Leases. This Termination Agreement shall fully and finally settle all demands, charges, claims, accounts, and/or causes of action of any nature, including, without limitation, both known and unknown claims and causes of action that arose out of or in connection with the Leases, and this Termination Agreement constitutes a full and complete mutual release with respect to the Leases and the respective rights and obligations of the Parties arising thereunder. 3. Representatives and Notices. a. Lessor's Representative. The Lessor's Representative for the purpose of this Termination Agreement shall be Greg Sullivan, City Attorney, or such other individual as Lessor designates in writing. Whenever approval or authorization from or communication or submission to Lessor is required by this Termination Agreement, such communication or submission shall be directed to the Lessor's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when Lessor's Representative is not available, Lessee may direct its communication or submission to the other designated personnel or agents as designated by the Lessor in writing and may receive approvals or authorization from such persons. b. Lessee's Representative. The Lessor's Representative for the purpose of this Termination Agreement shall be Marla Caulk or such other individual as Lessee shall designate in writing. Whenever direction to or communication with Lessee is required by this Termination Agreement, such direction or communication shall be directed to Lessee's Representative; provided, however, that in exigent circumstances when Lessee's Representative is not available, Lessor may direct its direction or communication to other designated Lessee personnel or agents. C. Notices. All notices required by this Termination Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party's address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party's Representative; or on the fifth business day following mailing; if mailed by ordinary mail to the address shown above, postage prepaid. Real Property Lease Tennination Agreement Page 2 of 5 2806136 Page 3 of 5 07/28/2023 1 2:06:10 PM 4. Headings. The headings used in this Termination Agreement are for convenience only and are not be construed as a part of the Termination Agreement or as a limitation on the scope of the particular paragraphs to which they refer. a. Severability. If any portion of this Termination Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 6. Applicable Law. The parties agree that this Termination Agreement is governed in all respects by the laws of the State of Montana. 7. Binding Effect. This Termination Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 8. No Third-Party Beneficiary. This Termination Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 9. Counterparts. This Termination Agreement may be executed in counterparts; which together constitute one instrument. 10. Integration. This Termination Agreement and all attached Exhibits constitute the entire agreement of the Parties. Covenants or representations not contained herein or made a part thereof by reference; are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Termination Agreement. All communications, either verbal or written, made prior to the date of this Termination Agreement are hereby abrogated and withdrawn unless specifically made a part of this Termination Agreement by reference. #### End of Agreement Except for Signatures #### Real Property Lease Termination Agreement Page 3 of 5 2806136 Page 4 of 5 07/28/2023 1 2:06:10 PM IN WITNESS WHEREOF, the Grantor has executed this instrument on this 21 day of July, 2023. LESSEE: Heart of the Valley, Inc. By C A"-k I Marla Caulk, C E- �-ZE" Date —1 Z I STATE OF } :S5 COUNTY OF } Signed and sworn before my on this 2 day of Ju 2023, by Marla Caulk, C+rie `, Heart of the Valley, Inc. �ec4ohve. DtrQck-LY IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written- KRISTIN SHERWOOD Notary b Pulic (SEAL) 'x gyp ,�.o:for the State of Montana Residing at: *', SLAI Bozeman, Montana -•.�i� _SP,: My Commission Expires: OF M� May t 0, 2026 „ (Printed Name Here) Notary Public for the State of Montana Residing at: ec-u Mcuyl 't AT My Commission Expires W2 Real Property tease Termination Agreement Page 4 of 5 2806136 Page 5 of 5 07/28/2023 1 2:06:10 PM LESSOR: CITY OF I3OZEMAN By aLa J -f h ,2�, / Manager Date STATE OF } :ss COUNTY O - ) J ��--}}22 Signed and sworn before my on this day of 202G,by Jeff Mihelich, City Manager of the City of Bozeman, Montana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) HiU ' JULIE HUNTER 9 ,' Notary Public VIoTARJ.4�'. for the State of Montana Residing at: Bozeman, Montana My Commission Expires: ' June 11, 2025 (Printed Name Here) Notary Public r the State of Montana Residing at: ca:Te�� My Commission Expires: (e) -7 02-5_ Real Property Lease Termination Agreement Page 5 of 5