HomeMy WebLinkAbout13- Agricultural Lease with Robert D. Marx / Cemetery AGRICULTURAL LEASE
THIS AGREEMENT, made and entered into this 4th day of February, 2013, by and
between the City of Bozeman, a municipal corporation located at 121 North Rouse Avenue,
Bozeman, Montana 59715, hereinafter referred to as LESSOR, Robert D. Marx, of
776 East Valley Center 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 herelinaftcr set forth, Lessor does hcreby demise, luase arid 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:
All that cemetery and park/open space lands not currently occupied, identified
nor developed for occupancy during the term of this lease, by buildings, roads or
graves lying in the Northeast Quarter (NEI/4) of Section 18, Southwest Quarter
(SW1/4) of Section 8, and Southeast Quarter (SEIA) of Section 7, Township 2
South, Range 6 East, M.P.M.
2. Term:
To have and to hold said premises according to the provisions hereof for a period
of five (5) 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. Consideration:
Lessee shall pay to the Lessor, as rental for the demised premises, the sum of Ten
and No/100 Dollars ($10) per year for each year that this Lease remains in fifli force and effect.
This payment shall be made to Lessor annually on or before the first day of December, at
Lessor's office in Bozeman, Montana. As additional consideration,the Lessee shall, as much as
is practical, use crop practices that are suitable for recreational uses, including, but not limited to,
trail walking, running, bicycling, cross country skiing and sledding. None of these
aforementioned activities will interfere with the farming activities and with the exception of
cross country skiing,be confined to the perimeter of the said land.
4. Repairs 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, reasonable wear,tear and damage by the elements excepted. Lessee agrees to assume
the duties and costs of performing normal maintenance of existing fences and all other
improvements situated upon the property and further agrees to perpetuate the improved trails that
are presently located upon the premises and any new improvements made during the term of 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 farming or grazing purposes, and the recreational uses contemplated in Section
No. 3 above, 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:
Lessees 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 same
now are, 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 many 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.
C. 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,
14. Anti-Discrimination:
Lessee agrees not to discriminate in the fulfillment of this agreement on the basis of
race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability,
STATE OF MONTANA
ss.
County of Gallatin
On this I ek day of V-44c&K4-i 2013, before me, the undersigned a
Notary Public for the State of Montana, personally Appeared CHRIS 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 fij:st above written.
(SEAL)
.�qu_ AIMEE BRUNCKHORST
NOTARY PUBLIC for the
State of Montana. Not Ary Public for the State of Montana, residing at
SEAL ReWing at Belgrade. Montana
My Commission Expires Bozeman.
December 04,2016 My commission expires
STATE OF MONTANA
) ss.
County of Gallatin
On this /S day of 2013, before me,the undersigned,
I
a Notary Public for the State o f Montana��ersonally appeared ROBERT D. MARX, 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 liere'unto, set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
ro-) L. Shaw
NOary Public
s,'iate or Montana
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IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first
above written.
LESSOR:
CITY OF BOZEMAN
By: 1 .
Chris Kukulski
City Manager
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Robert D. Marx