HomeMy WebLinkAbout99- Marx, Donald; Wastewater Treatment Plant Site
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AGRICULTURAL LEASE
THIS AGREEMENT, made and entered into this 1'6 'fh. day of ochJlx"/', 1999,
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 MARX, of
3719 South Alaska Road, Bozeman, Montana 59715-9701, hereinafter referred to as "LESSEE."
WITNESSETH:
1. Premises Leased:
For and in consideration ofthe 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 Wastewater Treatment Plant Site located in the Northeast One-Quarter
(NE1/4) of Section 26, Township 1 South, Range 5 East, Montana Principal
Meridian.
2. Term:
To have and to hold said premises according to the provisions hereof for a period
of one (1) year 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, a cash amount
equal to thirty-three and one-third percent (33-1/3%) 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. This payment shall be made to Lessor annually within thirty (30)
days after harvest at Lessor's office in Bozeman, Montana.
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 that any new improvements made
during the term of this Lease shall remain on the land as property ofthe Lessor, unless otherwise
excepted by the terms of this lease.
5. Use of Premises:
Lessee agrees to utilize said premises in a good fanner-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 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:
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 state of 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.
II. 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.
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 ofthe 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.
STATE OF MONTANA )
) ss.
County of Gallatin )
On this"';?S ~ day of (]~ , 1999, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared DONALD 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 hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
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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- - I
Clark V. Johnson
City Manager
ATTEST:
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Robin L. Sullivan
Clerk of the Commission
LESSEE:
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Donald Marx
STATE OF MONTANA )
) ss.
County of Gallatin )
On this 2~1h day of f()CttJbtY , 1999, before me, the undersigned a
Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON and ROBIN L.
SULLIV AN, known to me to be the City Manager and Clerk of the Commission, 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) -
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Notary Public fo eState fMontana, resIdmg at
Bozeman. 3/.Z5/D3
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