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HomeMy WebLinkAbout15- Termination of Montana Department of Fish, Wildlife and Parks Lease Agreement for City Land in East Gallatin Recreation Area TERMINATION OF REAL PROPERTY LEASE AGREEMENT This TERMINATION OF LEASE AGREEMENT ("Termination") is effective as of the date last signed below ("Effective Date")between the City of Bozeman, a Montana municipal corporation with a mailing address of 121 N. Rouse Avenue, Bozeman MT 59771 ("Lessor") and State of Montana by and through the Montana Department of Fish, Wildlife and Parks, with an address of 1420 E. Sixth Avenue, Helena MT 59620-0701 ("Lessee" and collectively with Lessor the "Parties"). WHEREAS, the Parties entered into the Lease Agreement attached as Exhibit A ("Lease") whereby Lessee leased City-owned land in the East Gallatin Recreation Area more specifically described in the Lease, and WHEREAS, the Parties desire to terminate the Lease and release each other from certain liability thereunder as of the Effective Date. NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged,the Parties agree and covenant as follows: 1. Early Termination. The Lease shall terminate as of the Effective Date in the same manner and with the same effect as if that date had been originally fixed in the Lease for the expiration of the term, conditioned on the complete performance and full compliance by Lessee of the provisions of this Termination. 2. Survival of Lease Obli ate ions. Except for any obligations pursuant to Paragraph 7 of the Lease I stemming from events occurring prior to the Effective Date of this Termination, the Parties' obligations under the Lease shall terminate as of the Effective Date of this Termination. ' 3. Voluntary Agreement. The parties have read this Termination, have had adequate opportunity to consult with independent counsel of their choosing, and by their signatures below freely and voluntarily enter into this Termination. 4. Entire Agreement; Amendment. This Termination sets forth the entire agreement between the Parties with respect to the subject matter of this Termination. This Termination may not be amended except t by a writing duly authorized and executed by the party against whom enforcement is sought. 5. Binding Agreement. All provisions of this Termination shall be binding upon and inure to the benefit j of the respective successors and assigns of Lessor and Lessee. 6. Governing Law. This Termination shall be governed and construed in accordance with the laws of the State of Montana. 7. Severability. If any portion of this Termination is held to be void or unenforceable, the balance thereof shall continue in effect. ***END OF DOCUMENT EXCEPT FOR SIGNATURES *** Termination of Lease for City Land in East Gallatin Recreation Area Page 1 of 4 i IN WITNESS WHEREOF, dated effective as last dated below: LESSOR: City of Bozeman BY: C�� i ` Chris Kukulski i i Its: City Manager Date: y s I 4 I LESSEE: State of f 4ind,throjjg4A-he ontana Department of Fish,Wildlife and Parks By; Print name:, _.. Its: Date: = ,f I i is i'. k Termination of Lease for City Land in East Gallatin Recreation Area Page 2 of 4 i ACKNOWLEDGMENTS STATE OF MONTANA ) ss. County of Ge4a4a ) G 1� This instrument was acknowledged before me on l® , 2015, by t:ha t C/ � `� on behalf of the State of Montana by and through the Montana Department of Fish, Wildlife and Parks. Pr n am . Z J ##7/* / .�►F�a JENNIFER BOND �ovVt °�o NOTARY PUBLIC for the NOTARY PLIC for the State of Montana SEAL State of Montana RESIDING AT ontana i [Seal] Residing at Helena,Montana My C ' sion Expires , 20 My Commission Expires March 26,2019 i u.: STATE OF MONTANA ) ss. County of Gallatin ) i This instrument was acknowledged before me on�— --, 2015, by Chris Kukulski, City Y Manager of the City of Bozeman on behalf of the City of 13`ozeman. Fi q Printed Name`-:� ' / NOTARY PUBLIC for the State of Montana ; HEATHER BIENV NUE T RESIDING AT Montana i,OTAR '��= Notary Publio *[ eal} 14.m_for the state of Montan ' My Commission Expires , 20_ N. Si,:A L •'*; Residing at: ; 9• fie; Bozeman, Montana TFar'Mo, MY Commission Expil ,. January 26, 2018 Termination of Lease for City Land in East Gallatin Recreation Area Page 3 of 4 EXHIBIT A: LEASE E 4 c k �s t} Ia I �V Termination of Lease for City Land in East Gallatin Recreation Area Page 4 of 4 LEASE AGREEMENT THIS INDENTURE OF LEASE made and entered into this 19th day of February , 1985 , by and between the following: City of Bozeman, a Montana municipal corporation, P.O. Box 640, Bozeman, Montana 59771-0640 (City, or Lessor) and State of Montana by and through the Department of Fish, Wildlife and Parks, 1420 East 6th Avenue, Helena, MT 59620 f (Department, or Lessee) R E C I T A L S ( Both parties desire to have the following described property operated as a State Recreation area by the C Department. c: F WITNESSETH: In consideration of the terms and conditions set forth in this agreement the parties agree as follows: 1. Description. I The Lessor leases to the Lessee a portion of an area G referred to as Glen Lake State Recreation Area selected by the 1983 Legislature through House Bill 833 and situated i in Section 31, T1S, R6E, M.P.M. , Gallatin County, Montana, more particularly described as follows: I" A TRACT OF LAND, being a portion of the West Half of Section 31, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, being further described as follows: Beginning at the West Quarter corner of said Section 31 at a found steel stake with nickel cap marked RLS 1853; Thence on and along the northerly boundary line of the Southwest Quarter of Section 31, N 88°34'07" E a distance of 709.50 feet as per C.O.S. 157 .as filed with the Gallatin Co. Clerk & Recorder's office, and the true point of beginning; Thence continuing on and along the easterly property boundary of said C.O.S. No. 157, S 02033112" E a distance of 306.07 feet; Thence S 35°16'56" E a distance of 1377.39 feet to a found point established by City of Bozeman Warranty Deed, Book 18, page 551, as filed with the Gallatin Co. Clerk and Recorder's Office, and common with the Northwest corner of Montana Power Company Property as described in Book 17, page 1418, as filed with the Gallatin Co. Clerk and Recorder's Office. Thence to a point established by field survey by Morrison-Maierle, Inc. , July 27, 1984, N 32010108" E for a distance of 390.00 feet; Thence S 55°19'52" E for a distance of 974.51 feet to the Easterly Boundary line of the Southwest Quarter of Section 31; Thence on and along said easterly boundary of the Southwest Quarter of Section 31, N 02°08'13" W a distance of 349.17 feet to the East sixteenth corner of the Southwest Quarter of Section 32; as per C.O.S. 27A of the NE Annexation to Bozeman as filed at Gallatin County Clerk and Recorder's Office. Thence on and along said easterly boundary of the Southwest Quarter of Section 31, N 02°03'19" W a distance of 1350.20 feet to the center of Section 31, as per C.O.S. No 885 as filed with the Gallatin Co. Clerk and Recorder's Office. Thence on and along the northerly boundary line of the Southwest Quarter of said Section 31 S 88134107" W a distance of 1757.46 feet to the true point of beginning. The above described ,tract,,;GL-1 contains 47.013 acres, more or less, and is depicted on Certificate of Survey No. 1221, as filed and of record in the office of the Gallatin County Clerk and Recorder. This lease is subject to all existing rights of way, easements, licenses and permits, whether or not of record, and to all exceptions and reservations of record. 2. Use. The property shall be used for a State Recreation area open to the public and administered by the Lessee. Lessee agrees that it will not use or permit to be used any part of said property for any purpose other than that of a State Recreation area without first obtaining written consent of the Lessor. The property shall be used for the sole and exclusive use of Lessee and the Lessor relinquishes use of -2- the property for any purpose unless approval is gained in writing from the Lessee. Except, however, that the Lessor may continue to use the road which runs in a northwesterly direction from the southeast corner of the property to gain access to the land which is not a part of the lease and lies alongside the southern boundary of the property until such time as Lessor constructs an alternate access road o££ the property. 3. Term. The initial term of this Lease shall be for a period of ten (10) years from the date of this Lease and shall automatically renew for successive ten (10) year periods unless terminated by notice of either of the parties as provided hereinafter. 4. Termination. This lease may be terminated at the end of any ten (10) year period by the party desiring to terminate by giving to the other party notice in writing no less than one hundred eighty (180) days prior to the end of term. This lease shall be terminated if at any time the land is no longer used for or is not suitable for the benefit of the public for public recreation. If any terms of the lease are violated by a party the other party must give notice of the violation and allow 90 days for the violating party to correct the violation. If not corrected at the end of 90 days the lease shall be terminated. The parties recognize that the part of property located west of the East Gallatin River was once operated by the Lessor as a city dump site, hereinafter referred to as the "dump site." If it is determined that the property is not safe because of the dump site, the Lessor may take whatever measures are necessary to make the property safe, or if the Lessor choose not to correct the hazard, the Lessee shall be freed from all terms and conditions of the Lease and the Lease shall be declared null and void by the parties hereto. -3- 5. Rental. No monetary rental shall be payable by the Lessee to the Lessor. The benefits derived from this Lease are hereby acknowledged to be sufficient and substantial consideration. The real property leased shall be used in conjunction with other properties owned and operated by the Lessee. 6. Maintenance and Improvements. The Lessee shall maintain the leased property in conjunction with the other Glen Lake park land administered by the Lessee. The Lessee shall be responsible for maintenance of all site improvements. The Lessee shall cover the dump site with top soil to facilitate the growth of natural grasses and operate the property as open space. The Lessee shall install wells to monitor the dump site for toxic waste, gases and other dangers to the public. The Lessee may make improvements and changes to the area to enhance recreation for the general public, but shall not install enclosed buildings or facilities for concentrated organized recreational activities on the dump site. The Lessee shall not permit, commit, suffer or cause any waste on the property. Lessor shall cease using or permitting use of the dump site for disposal of any type of waste or refuse. 7. Liability. It is expressly understood and agreed that the Lessor shall not be liable for damages or injuries incurred as a result of public use of the area during the term of this Lease, except that the Lessee will not be liable for any damage to persons or property that result from the Lessor's past use of the site as a dump. 8. Use Fees. The Lessee may charge fees for the use of the area providing fees are reasonable and equitable when compared to -4- fees charged for like services at other areas operated by the Lessee. 9. Regulations. The Lessee shall manage and regulate use of the area and may establish rules and regulations for the administra- tion of the area. 10. Amendments or Modification: Any amendments of this Lease shall be made in writing and executed in the same manner as the original lease and shall after execution become a part of this lease. 11. Transfer of Property. Lessor agrees not to sell the above-described real property, that the same shall be offered to Lessee and Lessee shall have the option of accepting the donation of the property as outlined in paragraph 13. 12. Liaison. City designates the City Manager as its liaison for this lease. Department designates Regional Supervisor of Region 3, Bozeman, as its liaison for this lease. The parties agree that all activities of either party to this lease will be coordinated through the designated liaisons. 13. Donation. This lease agreement shall be reviewed every five years by the parties hereto; at those times the Lessor agrees to donate the property to the Lessee if the Lessee requests the donation in writing. The donation will be by warranty deed. The conveyance shall be subject to all existing rights of way, easement, licenses and permits, restrictions, whether or not of record, and to all exceptions and reservations of record. The Lessor agrees that prior to the donation it will remove all financial encumbrances deemed unacceptable to the -5- Lessee. Lessee shall give written notice of such financial encumbrances at the time it requests the donation. The parties further agree that, in addition to the Lessor's execution of a warranty deed, they shall execute an agreement to the effect that if the Lessee shall cease to operate the property as a State Recreation area, it shall offer to deed the property back to the Lessor by grant deed. The Lessor may accept or reject the Lessee's offer in writing. Upon receipt of a rejection, the Lessee may keep or dispose of the property as it deems appropriate. 14. Inspection. Lessor and its representatives shall have the right to enter upon the property at any reasonable time in order to inspect it and determine if Lessee is in compliance with this lease, and the Lessee shall permit the Lessor and its representatives to enter upon and inspect the property at any reasonable time. 15. Liens. Lessee agrees to keep the property free of all liens during the existence of this lease or any renewals thereof and it is expressly agreed that the Lessor shall not be liable for any obligation incurred on or in connection with said premises by the Lessee. It is agreed that no liens may be filed against the Lessor's interest herein by reason of such obligation. 16. No Waiver of Enforcement. The covenants and conditions of this lease shall be deemed continuing and any forbearance by either party to enforce termination on the occasion of one or more violations thereof shall not be construed as a waiver of the right to enforce such termination on any subsequent breach. -6- 17. Severability. The provisions of this lease are severable and the invalidity or unenforceability of any provision of this lease shall not affect or impair any other provision. IN WITNESS WHEREOF we have hereunto set our hands and seals this 19th day of February 198 5 I Approved as to Form: Montana Department of Fish, Wildlife and Parks Attorney Parks Attorney IGI f Y c LESSEE: State of Montana, Department of Fish, Wildlife and Parks By / Ja W. Flynn, Director Approved: By h r Chair an, Montan Fish and Game Commission r LESSOR: The City of Bozeman By Its ity Manager ATTEST: Clerk of the Commission r: 4_wl 70. FORM i Ca©a s° N(D• 1221 GLEN LAKE c¢°IN— a�0 t a.a .• .t�t�at Ot - •3R 1 •a ; y i d m ��- y 1 r'�i �44"i 1 � t'j bl�fw'•1't S01°25'SJ"[ °5500• •i+ . h OL•IT 77'vr ,�' rim u 4�•.•g; `S —.- —•r�+,+ "� •,••bh :4� x$ °:�,)ot°25'!7'f)teoB•'e' m of + � � " �'+• e• r' - ♦, E0143'eff 7ef M' � ,• � •^• NOstK a L _H +iJl r Y Ntm- n 4 d�� • a 7J)00�f E �••o'�. ap'w . •,'tit•,;r,.:zor°a00 tie, rSW] "V i m S^ • f 44s w ' $u $w m. f o—i® -p �, �• D GJ 1 � m z D F � [y• Cs-�m �T� �•� f o • Gl O o n DO �w x 3 Z 3 m D D oL �J A D S. 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