HomeMy WebLinkAbout08- Agricultural Lease between City and Donald D. Dodget AGRICULTURAL LEASE
THIS AGREEMENT,made and entered into this 28_day of—May _, 2008, by and
between the City of Bozeman, a municipal corporation 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 referred to as LESSEE.
WITNESSETH:
I 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 Co-unty of Gallatin, State of
Montana, and more particularly described as follows:
NW 1/4 , NW 1/4, Section 28 Township I South,Range 6 East,P.M.M. containing an
area of 40 acres more or less.
2. Term:
To have and to hold said premises according to the provisions hereof for a period of
three (3)years from and after the date first 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 of the initial
term or any annual extension thereof, unless sooner terminated as herein provided.
3. Rental:
Lessee shall pay to the Lessor, as rental for the demised premises, the sum of Four
Hundred Seventy-five and No/100 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 new
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 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 or grazing purposes without the prior written consent of the Lessor.
Lessee further agrees to comply with all State and County laws and regulations regarding the control
of noxious weeds at the sole expense of the Lessee and to hold Lessor harmless from said 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 repair as the sate now
are, reasonable wear, tear and damage from the elements alone excepted.
8. Lessor's Right to Ten-ninate:
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, in the event of such termination,
that if the Lessee shall have paid rental in advance for the period during which this lease is cancelled,
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. 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.
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,
12. Hold Harmless-Liability Insurance:
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
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:Y�
Chris A. Kukulski
City Manager
ATTEST:
L
Clerk Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this -t day of ,2008,before me, the undersigned a
Notary Public for the State of Montana, pens ally appeared CHRIS A. KLJKULSKI and STACY
CLMEN,known to me to be the City Manager and Clerk 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.
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* No Notary Public for the State of Montana
S
(Printed Name of Notary Public)
Residing at
My commission exp es CAS : 19
LESSEE:
Donald D. Dodge
STATE OF MONTANA
ss.
County of Gallatin
On this 22- day of
2008,before me, the undersigned, a
Notary Public for the State of Montana, personally appeared DONALD D. DODGE, 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.
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L
Lary Public for th��iate of Montana
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A (Printed Name of Notary Public)
Residing at lLavoc,
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