HomeMy WebLinkAbout09- Agricultural Lease - Tatarka AGRICULTURAL LEASE
THIS AGREEMENT, made and entered into this lt'r day of_)Duarq 20
and between the CITY OF BOZEMAN, a municipal corporation located at 411 East ain Street,by
Bozeman, Montana 59715,hereinafter referred to as LESSOR, and BILL TATARKA, of 19 Lake
Road, Bozeman, Montana 59718 hereinafter referred to as LESSEE.
WITNESSETH:
1. Premises Leased:
For and in consideration of the rents to be paid and the covenants to be performed by
Lessee as hereinafter set forth, Lessor does hereby demise, lease and let unto Lessee those certain
lots,pieces or parcels of real property situated, lying and being in the County of Gallatin, State of
Montana, and more particularly described as follows:
The Mandeville Farm Site described as Tract 1-A, Tract 3-A and Tract 4-A of
Certificate of Survey No. 2153, a tract of land being Tract A of Certificate of Survey
No. 939 and Tracts 1 and 3 of Certificate of Survey No. 1723 situated in the NWl/4
of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana,
except the existing homestead, cell tower area and approximately 10 acres near the
cell tower for the solid waste transfer facility. After May 16,2004, the grain bin will
be available to store grain, the corrals will be available for livestock if a portion of the
property is grazed, and the steel sided shop building will be available to the Lessee for
his use.
2. Term:
To have and to hold said premises according to the provisions hereof for a period of
one(1)year from and after January 1, 2009, and terminated upon notice in writing given by
unless
either party to the other not less than sixty(60) days prior to the end of the initial term or any annual
extension thereof, unless sooner terminated as herein provided.
3. Consideration:
1. Lessee shall pay to the Lessor, as rental for the demised premises, a cash
amount equal to 25% of the value of any crop harvested from the premises,
based on market prices at the time said crop is harvested, for each year that
this Lease remains in full force and effect. If chemicals are used to control
weeds in the grazing pasture, the Lessor will reimburse the Lessee for the cost
of the chemicals, in an amount not to exceed $200 annually. Payment shall be
made to Lessor on January 1,2010 at Lessor's office located at 121 North
Rouse Avenue, Bozeman, Montana 59715, or mailed to: City of Bozeman,
P.O. Box 1230,Bozeman, Montana 59771.
4. Rgairs and Improvements
Lessee agrees to protect all improvements upon said premises and to keep the same in
as good condition and state of repair as the same shall be at the time this Lease is executed, with
reasonable wear, tear and damage by the elements excepted.
5. Use of Premises:
Lessee agrees to utilize said premises in a good farmer-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
normal fanning purposes without the prior written consent of the Lessor. Lessee further agrees to
conduct his activities in compliance with all State or County laws and regulations regarding the control
of noxious weeds.
6. No Assignment or Sublease:
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 of Premises to Lessor:
Lessee further agrees that at the termination of this Lease, whether by expiration of its
term, by default or as otherwise provided herein, he will immediately surrender possession of said
premises to Lessor with the improvements thereon in as good condition and state of repair as the same
now are, with reasonable wear, tear and damage from the elements alone excepted.
8. Lessor's Right to Terminate:
Lessor hereby reserves, and Lessee grants to Lessor, the right to terminate this Lease at
any time upon sixty(60) days' written notice; provided, however, that if the Lessee has seeded and
fertilized the premises and said sixty(60) days run prior to grain harvest or first cutting, this Lease shall
be extended until the harvest or first cutting has been completed.
9. Notice to Lessee:
Notice may 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, addressed to the following: Bill Tatarka, 19 Lake Rd, Bozeman,
Montana 59718.
10. Defaults:
Should Lessee default in the payment of any rental, or otherwise default in the
performance of any term or condition of this agreement, Lessor may immediately re-enter and
re-take 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 rents to be
paid, or at its option, Lessor may cancel this lease and re-enter and re-take possession.
11. Access:
There is further reserved unto the Lessor, its successors and assigns, the right of
access and entry upon the lands to make field inspections, examinations, soil tests, and other
evaluations in connection with a determination of the highest and best use of the lands herein leased.
Should any such testing be disruptive of planted crops, Lessee will be notified and fairly
compensated for damaged crop.
12. Hold Harmless:
Lessor shall not be liable in any manner to the Lessee, or to any other party or parties,
for any loss, cost, damage or injury arising out of or in any manner connected with the use of said
leased premises, or any part thereof, or arising out of or in any manner connected with the condition
thereof or the previous maintenance thereof. Lessee shall indemnify and hold Lessor harmless from
any and all injury, cost, loss, liability, expense or damage, or claim thereof, including reasonable
attorney's fees.
13. Miscellaneous Covenants and Provisions:
a. Lessee agrees that he will not use or permit the use of the demised premises
contrary to any valid laws of the State of Montana or ordinance of the County of Gallatin or City of
Bozeman and will save Lessor harmless 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 forfeiture on the occasion of one or more breaches thereof shall
not be construed as a waiver of the right to enforce such forfeiture on any subsequent breach.
C. It is mutually agreed and understood that in the event either party hereto 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 be entitled to recover in such action a judgment for all
costs and expenses of any kind and nature whatsoever incident to the prosecution or defense of such
action or the preparation thereof, including reasonable attorney's fees.
d. It is mutually understood and agreed that time shall be of the essence of this
agreement and that the terms 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 of this Lease, or any interest therein by the Lessee, except as provided in
paragraph 6 of this Lease.
e. It is mutually understood and agreed that all prior understandings of the
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
year first above written.
LESSOR:
CITY OF BOZEMAN
By:
Chris A. Kukulski
City Manager
ATTEST:
Stacy �
City Clerk
LESSEE:
Bill Tatarka
STATE OF MONTANA )
) ss.
County of Gallatin )
On this 6�h day of11�QY , 2009,before me, the undersigned a Notary
Public for the State of Montana, personall ppeared CHRISTOPHER A. KUKLUSKI and
STACY ULMAN,know 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.
(SEAL)
_ 4Nary 4Pub)Lhc for St to of Montana, residing at
My commission ex Tres:
STATE OF MONTANA )
SS.
County of Gallatin )
On this day of «:- , , 200K before me,the undersigned, a
Notary Public for the State of Montana, personally appearell BILL TATARKA,known to me to be
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 he Mate of Montane ng
at Bozeman
My commission expires � t U U C)��