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HomeMy WebLinkAboutAgreement between the City and Doug KurkCity Df Bozeman, City CCerk's D, ffice ~: 0. Bux 1230 Bozeman, JVlontana 59771-1230 - - --- AGREEMENT THIS AGREEMENT, made and entered into this _1 st~ day of Aug , 2008, 1~ a by and between the city of Bozeman, a municipal corporation, P.O. Box 1230, Bozeman, ~ ~ ~ Montana 59771-1230, hereinafter referred to as the City, and DOUG KURK, 550 Canary Lane, I~ ° m Bozeman, Montana, 59715, hereinafter referred to as the Operator. ~~N M (y a ~ WHEREAS, the City owns certain land that requires mowing and disposal of vegetation growing thereon; and N WHEREAS, the Operator wishes to mow such vegetation and remove it from the land. ~~ V rN. WITNESSETH: _~ 1. Premises: For and in consideration of the consideration to be paid and the ._ covenants to be performed by the Operator as hereinafter set forth, the City does hereby authorize m the Operator to mow and bale the vegetation on that certain real property owned by the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows, to ~_ ~~ wit: o Water Plant expansion lot - -approximately 24 acres m 7020 Sourdough Canyon Road Bozeman, Montana 59715 Operator is hereby notified that construction of a new water plant may impact the land covered in this agreement. City will provide operator a minimum of sixty (60) days written notice if construction will impact all or a portion of the subject land. 2. Term: This agreement shall be in force three (3) years from and after the date first above written, unless sooner terminated as herein provided. 3. Consideration: The Operator shall pay to the City, at the City's sole discretion, either twenty percent (20%) of the baled vegetation or a cash amount equal to twenty percent (20%) of the value of the baled vegetation based on current market prices at the time the vegetation is baled or any combination thereof. All of the crops, whether severed or unsevered, shall at all times be owned and belong to the City until such time as they are harvested and the division thereof shall be made by the parties hereto. If the City opts to receive the actual bales, the Operator further agrees to stack the City's twenty percent (20%) share at the site, free of all expense to the City, as soon as the vegetation is baled. If the City opts to receive the cash, it shall be payable within ten (10) days after the vegetation is sold but in no event later than one year from the date of baling. 4. Repairs and Improvements: The Operator agrees to protect all improvements upon said premises and to keep the same in reasonably good repair and bear all expenses of repairing Fences anal other improvements. 5. Use of Premises: The Operator further agrees to utilize said premises in a good and husband-like manner and according to the ordinary and accepted methods of husbandry o ~ employed in the area and to neither commit nor permit any waste thereon. Operator agrees that ~ N N he will not use or permit to be used any part of the premises for any purpose other than normal ~ m m farming without first obtaining consent of the City. ~ad ~'^ © The Operator further agrees to comply with all state, county, or city laws and ~^ ~ regulations regarding the control of noxious weeds at the sole expense of the Operator and to hold the City harmless from said control of noxious weeds. ~ V N E ~ ~ ~~ o ~ V C ;~ ~.~ -. ~.~ ~.. ~ E ~~ w ~..~ w ~~ o t U The Operator may, at his own expense, fertilize the premises. 6. No_Assigmnent: The Operator agrees that he will not assign this agreement, or any part thereof, without first obtaining the written consent of the City. 7. The City's Right to Terminated The City hereby reserves, and Operator grants to the City, the right to terminate this agreement at any time upon sixty (60) days written notice, provided, however, that if the Operator has fertilized the premises and said sixty (60) days runs prior to any cutting, this agreement shall be extended until the first cutting has been completed. 8. Liability: The Operator agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all 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 performance of the work herein specified. The Operator assumes all responsibility and agrees to reimburse the City for any damage to property of the City caused by or occurring in connection with doing any work hereunder. 9. Notice: Notice maybe given by either party to the other by mailing, postage prepaid, to the address hereinabove stated. 10. Ri ht to En :The City, or its agents, shall have the right to enter the premises at all reasonable times. This right of entry shall not be deemed to impose upon the City any obligation, responsibility, or liability far the care, supervision, repair, operation, or use of the premises, other than as is herein specifically provided. Such re-entry shall not interfere with the use of the Operator. 11. Alterations or improvements: No alteration, addition, or improvement to the premises shall be made by the Operator without the written consent of the City. Operator will be responsible to work with other owners and lease holders to provide said operators access. ~ r ~~o Q~ w ~ !ti O 1 a N m_ rn- N a" o err err ..~~ N ~ V W ~ V ... ;~ ~..~.. 0 ~..... ~.r.. U IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. LESSOR: CITY OF BOZEMAN By: l~ ~ ~ _ 1_. Chris A. Kukulski City Manager Stacy lr en City Clerk STATE OF MONTANA ) ss. County of Gallatin ) On this ___J__L~_ day of , 2p08, before me, the undersigned a Notary Public for the State of Montana, ovally appeared CHRIS A. KUKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk, 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 hereunto set my hand and affixed my Notarial Seal the day and year first above written. ..~~~~~ ~~~Fxr~~~~i • V, ~ : ~ ~ Public for State of Montana .~ ,`~ `r ~ Printed Nam of Notary Public) ~~~ ~' ~`ti,: Residing at t ~~~`,f `~a~ ~.; 4,,., . ~~~~\` My commission expires I ~ '~ utru~ a r m LESSE . a© °- ao o 0 [~] N m a© N " °° ~- `~ ° Doug Kurk W N E STATE OF MONTANA ) 0 ss. ;~ County of Gallatin ) ~ ro _ ~.,~.. N On this ~ day of ' , 2U08, before me, the undersigned, a Notary Public for the State of Mantana, personally appeared DOUG KURK, m known to me to be the person whose name is subscribed to the within instrument and ~` acknowledged to me that he executed the same. ....~~ ~ L U IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ,, ,~ ~'~ F •, U µac~c~,e ~ Notary Public for the State of Montana (Printed Name ~f Notary Public) Residing at '~1~ . My commission expires 1- (-Z.p ( ~