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LEA-JLDC SO BOULDER CAMPUSLEA-JLDC SO BOULDER CAMPUS Copy Lease With Ootion to Purchase This Agreement constitutes a legal and binding agreement entered; into between JEFFERSON COUNTY, PO Box H, Boulder, Montana a political subdivision of the State of Montana, acting by and through it's Board of County Commissioners hereinafter called the County, and THE JEFFERSON LOCAL DEVELOPMENT CORPORA nON hereinafter referred to as the JLDC. Whereas, the County is the owner of certain real property more particularly described herein, which it desir~s to iease~ and Whereas, the JLDC desires to lease the property from the County~ and Whereas, the parties desire to enter into a formal written agreement to establish the terms of the lease of the premises~ Now therefore, in consideration of the mutual promises, benefits and agreements set forth herein, the parties agree as follows: 1. Purpose. The purpose of this agreement is to set forth the terms and provisions for the lease of real property and improvements known as the South Boulder Campus owned by the County, more particularly described in Exhibit "A" attached hereto. The County purchased the property from the State of Montana for the purpose of enhancing economic development. The JLDC's lease of this property will facilitate this goal by renovating and developing the portion of the South Boulder Campus previously abandoned by the State of Montana Department of Health & Human Services. 2. Description of Lease Premises: The tract ofland which is the subject of this lease is more particularly described as a 22.20 acre parcel located in the W1I2, Sec 33 & E ~, Sec 32, T6N, R4W, identified as Tract 2, COS 192941, Folio 563-D, filed with the Jefferson County !. !..E.. ^,SE Clerk & Recorder. 3. Term of Lease. The premises shall be leased to the JLDC for a period often (10) years from the date of execution of this Agreement, unless sooner terminated as provided in Section 9. This lease may be renewed for a like term upon written agreement signed by both parties. 4. Rental. The JLDC shall pay to the County an annual rental of Ten and no/l00 Dollars ($10.00). This first of such payments shall be due the 1st day of July, 2000, and each payment thereafter shall be due on or before the i st day of July each year thereafter for the remainder of the term of this lease. 5. Alterations, Repairs & Improvements: The JLDC shall be responsible for all alterations, repairs and improvements to the lease premises. Any alterations, repairs and improvements including fixtures, furnishings and personal property which the JLDC may make to said premises shall be and remain the sole and exclusive property of the JLDC, except those improvements which are appurtenant to the physical plant. The JLDC shall promptly pay for any and all repairs for which they are responsible and shall not permit any liens to be filed upon said lease premises in connection therewith. The JLDC shall be responsible for utilities, and shall, at their expense, keep the lease premises in a good order and repair as they were at the date of the commencement of the lease, reasonable wear and tear excepted. 6. Condition of Lease Premises: Neither the County nor its agents have made any representation with respect to said lease premises except as expressly set forth in this Agreement. The JLDC has examined the premises and accept them in their present condition, "AS IS". 7. Duties of JLDC upon Termination of Agreement. Upon termination of this lease, the JLDC shall surrender the lease property to the County, and the County, upon or at any time '" .....T""&<<"'~ ... L~L.i after such termination, may without further notice, re-enter the lease property and repossess it. All alterations, repairs and improvements including fixtures, furnishings and personal property placed upon said premises by the JLDC shall be removed within forty-five (45) days after the date of termination. Property remaining on the property after the (45) day period will become property of the County. 8. Indemnity and Liability Terms. During the term of this agreement, each of the parties shall indemnify the other and hold the other harmless of and from any and all loss, cost, damage, claim of damage, liability or expense arising from any injury or claim of injury or any other claim to either persons or property upon or adjacent to said property arising out of, or resulting out of or in any manner connected with said property or the use, misuse or disuse thereof 9. LIABILITY INSURANCE. The JLDC agrees to provide, at JLDGs expense, liability insurance providing errors and omissions coverage during the term of this contract with a reputable bonded insurance company providing limits of $1,000,000 per occurrence and $1,000,000 aggregate. Proof of such insurance, including a copy of the policy and declarations page, shall be provided to the Jefferson County Attorney's Office no later than thirty (30) days after the effective date of this contract. 10. Termination Prior to Natural Expiration. Either party may terminate the lease prior to the natural expiration of the term set out in Section 3 above, by providing the other party with written notice of its intent to terminate the lease in sixty (60) days. In the event of termination, the County agrees to honor any subleases executed in compliance with Section 10. In the event of termination, the JLDC retains the option to purchase until the date of termination. 11. Impossibility of Performance. In the event that the subject property is physically ... T T"" nT"" J. L~~ destroyed the JLDC or the County may void this lease. 12. Subleases & Assignments. The JLDC shall not sublease or assign this lease or any portion of the leased premises to any other person or entity without approval and consent of the County. OPTION TO PURCHASE 13. Option to Purchase. The County hereby grants an option to purchase and the JLDC accepts the option for the purchase of the real property described herein. In the event that the JLDC shall properly exercise t.his option to purchase the subject property within the option term (as defined herein), then from the date of such exercise, the JLDC agrees to purchase and the County agrees to sell the subject property upon the terms and conditions contained herein. 14. Purchase Price. The total purchase price of the subject property shall be Thirteen Thousand, Five Hundred and Ten and no/l 00 Dollars ($ 13,510.00). The purchase price shall be payable by the JLDC to the County for deposit into the County's metalliferous mines account for economic development. The purchase price shall be payable as follows: a. The sum offive hundred and nollOO dollars ($500.00) at the time of the execution of the Buy-Sell Agreement and exercise of the option. b. The JLDC shall receive a credit against the principal balance in the amount equal to the sum of all lease payments made to the date of exercise of the option. c. A Buy-Sell Agreement more particularly setting out the terms and conditions of the transaction shall be executed following the JLDC's exercise of this option as set forth herein. 15. Term of Option. The term of this option shall commence on the date of execution of this agreement, and shall terminate on the termination of said lease. 4. I.,I:ASE 16. Title. Upon the JLDC's exercising the option to purchase and fulfilling the terms of the Buy Sell Agreement, the County agrees to grant the JLDC the real property situated in Jefferson County, State of Montana as described herein, subject to all reservations, exceptions, conditions, easements, right of way and restrictions of record, including but not limited to the following: Missouri River Power Company Right Of Way recorded in Book 29, Page 302~ and Montana Power Company Right of Way recorded in Book 118, Page 887. 17. Exercise of Option. This option may be exercised by the JLDC at any time during its term by written notice to the County, given either in person or by certified mail, postage prepaid, addressed to the Board of Commissioners, Jefferson County, P.O. Box H, Boulder, Montana, 59632. Within thirty (30) days after such exercise by the JLDC, the parties shall execute a Buy-Sell Agreement together with the payments therein receipted for and such evidence of title as is required to be given by the County. From and after the date of such execution and delivery, the rights of the parties shall be governed by the term of the Buy-Sell Agreement. 18. Sale or Transfer of Leased Premises. In the event that the County shall sell, transfer or encumber any part of the lease premises during the term of the lease, the JLDC shall have the right of first refusal and such sale, transfer or encumbrance shall be made specifically subject to the terms of this lease including the JLDC's Option to Purchase pursuant to Paragraph 11, hereof 19. Assignment of Option. The JLDC shall not assign this option to purchase without the written consent of the County. 20. Modifications. No letter or other communication passing between the parties to this agreement, concerning any matter occurring during this contract period, shall be deemed a ~ TT""..n...... J. J....d..:J"'\J~ part of this contract, a contract renewal or an extension of the contract unless it is distinctly stated in such letter or communication that it is to constitute part of this contract, and such letter or communication is attached as an Appendix to this agreement and is signed by the authorized representatives of each of the parties to this contract. 21. Disputes. It is mutually agreed that the performance or breach of this Contract and its interpretation shall be governed by the laws of the State of Montana. In the event of litigation concerning the terms of this contract, venue shall be in the Montana Fifth Judicial District, Jefferson County. 22. Execution. This Contract shall be executed in two duplicate originals, each of which shall be deemed to be an original. DATEDthis~dayof ~ ,2000. Jefferson County, Montana By: ~d:.~ Sam Sams n, Chair -- /" // ::!-/;/' ~-5~~A--0 /~j~,^ ~ Sherry Car~{ C. omm. i~sro .. ~# //U' P~~--~(/. ~ a Obie, Commissioner ATTEST: ~~~U~ B NNIE Clerk and Recorder u 0.- i.EA5c Addendum - Lease With Ootion to Purchase This Agreement constitutes an addendum to the legal and binding agreement entered into between JEFFERSON COUNTY, PO Box H, Boulder, Montana a political subdivision of the State of Montana, acting by and through it's Board of County Commissioners hereinafter called the County, and THE JEFFERSON LOCAL DEVELOPMENT CORPORATION hereinafter referred to as the JLDC. Whereas, the previous agreement set forth the Description of Le:lse Premises as an 18. 13 acre parcel, Tract 2B of the Pishkin Minor Subdivision, Certificate of Survey Number 192941, Folio 563-D, filed with the Jefferson County Clerk & Recorder, Jefferson County, Montana~ and Whereas, subsequent to the signing of the Lease with Option to Purchase the premises, the parties caused the property subject to the lease to be resurveyed and submitted an Amended Plat of the Pishkin Minor Subdivision relocating the common boundary between the tracts~ and Whereas, the parties intend to redefine the Description of Lease Premises to reflect the Amended Plat~ Therefore, it is agreed that the Description of Leased Premises shall be amended to describe a 19.15 acre parcel, set forth as Tract 2B-!, of the Pishkin Minor Subdivision, Certificate of Survey Number 196589, Folio 583B-BR, filed with the Jefferson County Clerk & Recorder, Jefferson County, Montana. This Addendum is made pursuant to Section 20 - Modifications of the existing Lease Agreement shall be deemed a part of the original contract and shall be attached as an Appendix to said agreement. This Addendum shall not change any other provisions of the existing lease agreement. 1. LEASE ~ .' . . DATEDthis ~5' dayof r ATTEST: ~~ Clerk and Recorder 2. LEASE ,2001. Jefferson County, Montana By: . Appendix A. Additions to Lease with Option to Purchase between Jefferson County and the Jefferson Local Development Corporation (JLDC). 1. This appendix is an addition to the Lease with Option to Purchase between Jefferson County.and the Jefferson Local Development Corporation (JLDC) dated May 3,2000 and refers to the Boulder, Montana South Campus property. A coordination meeting between the interested parties was held to discuss changing the boundary between the Jefferson County Shop and the Boulder, Montana South Campus. The following terms were agreed upon as a result of the meeting. a. The current boundary is the center of Odyssey Lane as per cas 192941 and will be amended by approximately 40 feet to allow Jefferson County to install a fence along the new property boundary. Parties concerned walked the ground and agreed upon the proposed fence location and placed stakes along the boundary and at the fence corner locations. The boundary will be surveyed at Jefferson County expense and the amended plat will be approved by the JLDC prior to filing. b. Jefferson County will install, at their expense, an additional fire hydrant inside of the county shop fenced area. c. Jefferson County, at their expense, will construct a 12-14 foot wide gravel spur road behind Building 6. The road will include a graveled area next to the fire hydrant behind Building 6 that will accommodate the parking of a fire truck. JLDC will approve the road layout and construction plan prior to construction and agreed that if final surface material (gravel layer) were not available through the county, they would pay up to $800 for gravel material. d. Jefferson County, at their expense, will remove and fill the old steam tunnel going from Building 6 to the blue markers just past the existing fire hydrant at Building 6. This will involve removal of concrete sidewalk and the filling of the existing steam tunnel at this location. JLDC will be responsible for blocking the steam tunnel access that goes into Building 6. e. Parties agree that in the event of the existing utilities along the fence require repairs and the fence needed to be moved temporarily, Jefferson County would be responsible for any cost incurred regarding the fence. f. Parties agree that if Buildings 5 or 6 require modifications, renovations, or repairs requiring the fence to be temporarily removed, the contractor would be responsible for any costs incurred regarding the fence. 2. This appendix is in accordance with paragraph 20, Modifications, of the lease option dated May 3,2000 between Jefferson County and the JLDC and will be added as a part of the original document. DATED this 15th day of July, 200rl Jefferson Lo410pment I: 0 rp/'ratio, n By: j~~~ ~C~__" Bo)) Marks, President By: Jefferson County, Montana RECEIPT TYPE AlOl Receipt Date Received by Received of Received for 10/02/2001 SUSAN M.MILLER, TREASURER JEFFERSON LOCAL DEVELOPMENT CORP RENT FOR SO CAMPUS JEFF LOCAL DEV Receipt Number 34832 Receipt Status Reference Fund-Sub-Dep-Acctno-Obj Amount RENT FOR SO CAMPUS 2000 1000-000-000-361000-000 10.00 RENT FOR SO CAMPUS 2001 1000-000-000-361000-000 10.00 MDC/ BY JEFFERSON LOCAL DEV - - - - 0.00 CK - - - - 0.00 Receipt Total 20.00 ;:~'!u"'="-'" .. J:~~III~nil:. .li,!iiiUi IJilill[II." 1U1_:II~ :11:1 Ii_In,:: ! :1_~lJliJll " , BOOK 157 MISC. PAGE 139 Lease With Option to Purchase This Agreement constitutes a legal and binding agreement entered into between JEFFERSON COUNlY, PO Box H, Boulder, Montana a political subdivision of the State of Montana, acting by and through it's Board of County Commissioners hereinafter called the County, and THE JEFFERSON LOCAL DEVELOPMENT CORPORATION hereinafter referred to as the JLDC. Whereas, the County is the owner of certain real property more particularly described herein, which it desires to lease~ and Whereas, the JLDC desires to lease the property from the County~ and Whereas, the parties desire to enter into a formal written agreement to establish the terms of the lease ofthe premises~ Now therefore, in consideration of the mutual promises, benefits and agreements set forth herein, the parties agree as follows: 1. Purpose. The purpose of this agreement is to set forth the terms and provisions for the lease of real property and improvements known as the South Boulder Campus owned by the County, more particularly described in Exhibit "A" attached hereto. The County purchased the property from the State of Montana for the purpose of enhancing economic development. The JLDC's lease of this property will facilitate this goal by renovating and developing the portion of the South Boulder Campus previously abandoned by the State of Montana Department of Health & Human Services. 2. Description of Lease Premises: The tract ofland which is the subject of this lease is more particularly described as a 22.20 acre parcel located in the Wl/2, Sec 33 & E ~, Sec 32, T6N, R4W, identified as Tract 2, COS 192941, Folio 563-D, filed with the Jefferson County 1. LEASE BOOK 157 MISC. PAGE 140 Clerk & Recorder. 3. Term of Lease. The premises shall be leased to the JLDC for a period often (10) years from the date of execution of this Agreement, unless sooner terminated as provided in Section 9. This lease may be renewed for a like term upon written agreement signed by both parties. 4. Rental. The JLDC shall pay to the County an annual rental of Ten and no/lOO Dollars ($10.00). This first of such payments shall be due the 1st day of July, 2000, and each payment thereafter shall be due on or before the 1 st day of July each year thereafter for the remainder of the term of this lease. 5. Alterations, Repairs & Improvements: The JLDC shall be responsible for all alterations, repairs and improvements to the lease premises. Any alterations, repairs and improvements including fixtures, furnishings and personal property which the JLDC may make to said premises shall be and remain the sole and exclusive property of the JLDC, except those improvements which are appurtenant to the physical plant. The JLDC shall promptly pay for any and all repairs for which they are responsible and shall not permit any liens to be filed upon said lease premises in connection therewith. The JLDC shall be responsible for utilities, and shall, at their expense, keep the lease premises in a good order and repair as they were at the date of the commencement of the lease, reasonable wear and tear excepted. 6. Condition of Lease Premises: Neither the County nor its agents have made any representation with respect to said lease premises except as expressly set forth in this Agreement. The JLDC has examined the premises and accept them in their present condition, "AS IS". 7. Duties of JLDC upon Termination of Agreement. Upon termination of this lease, the JLDC shall surrender the lease property to the County, and the County, upon or at any time 2. LEASE BOOK 157 MISC. PAGE 141 after such termination, may without further notice, re-enter the lease property and repossess it. All alterations, repairs and improvements including fixtures, furnishings and personal property placed upon said premises by the JLDC shall be removed within forty-five (45) days after the date of termination. Property remaining on the property after the (45) day period will become property of the County. 8. Indemnity and Liability Terms. During the term of this agreement, each of the parties shall indemnify the other and hold the other harmless of and from any and all loss, cost, damage, claim of damage, liability or expense arising from any injury or claim of injury or any other claim to either persons or property upon or adjacent to said property arising out of, or resulting out of or in any manner connected with said property or the use, misuse or disuse thereof 9. LIABILITY INSURANCE. The JLDC agrees to provide, at JLDC's expense, liability insurance providing errors and omissions coverage during the term of this contract with a reputable bonded insurance company providing limits of $1,000,000 per occurrence and $1,000,000 aggregate. Proof of such insurance, including a copy of the policy and declarations page, shall be provided to the Jefferson County Attorney's Office no later than thirty (30) days after the effective date of this contract. 10. Termination Prior to Natural Expiration. Either party may terminate the lease prior to the natural expiration of the term set out in Section 3 above, by providing the other party with written notice of its intent to terminate the lease in sixty (60) days. In the event of termination, the County agrees to honor any subleases executed in compliance with Section 10. In the event of termination, the JLDC retains the option to purchase until the date of termination. 11. Impossibility of Performance. In the event that the subject property is physically 3. LEASE .. . BOOK 157 MISC. PAGE 142 destroyed the JLDC or the County may void this lease. 12. Subleases & Assignments. The JLDC shall not sublease or assign this lease or any portion of the leased premises to any other person or entity without approval and consent of the County. OPTION TO PURCHASE 13. Option to Purchase. The County hereby grants an option to purchase and the JLDC accepts the option for the purchase of the real property described herein. In the event that the JLDC shall properly exercise this option to purchase the subject property within the option term (as defined herein), then from the date of such exercise, the JLDC agrees to purchase and the County agrees to sell the subject property upon the terms and conditions contained herein. 14. Purchase Price. The total purchase price of the subject property shall be Thirteen Thousand, Five Hundred and Ten and no/lOO Dollars ($ 13,510.00). The purchase price shall be payable by the JLDC to the County for deposit into the County's metalliferous mines account for economic development. The purchase price shall be payable as follows: a. The sum offive hundred and no/lOO dollars ($500.00) at the time of the execution of the Buy-Sell Agreement and exercise of the option. b. The JLDC shall receive a credit against the principal balance in the amount equal to the sum of all lease payments made to the date of exercise of the option. c. A Buy-Sell Agreement more particularly setting out the terms and conditions of the transaction shall be executed following the JLDC's exercise of this option as set forth herein. 15. Term of Option. The term of this option shall commence on the date of execution of this agreement, and shall terminate on the termination of said lease. 4. LEASE \ . . BOOK 157 MISC. PAGE 143 16. Title. Upon the JLDC's exercising the option to purchase and fulfilling the terms of the Buy Sell Agreement, the County agrees to grant the JLDC the real property situated in Jefferson County, State of Montana as described herein, subject to all reservations, exceptions, conditions, easements, right of way and restrictions of record, including but not limited to the following: Missouri River Power Company Right Of Way recorded in Book 29, Page 302~ and Montana Power Company Right of Way recorded in Book 118, Page 887. 17. Exercise of Option. This option may be exercised by the JLDC at any time during its term by written notice to the County, given either in person or by certified mail, postage prepaid, addressed to the Board of Commissioners, Jefferson County, P.O. Box H, Boulder, Montana, 59632. Within thirty (30) days after such exercise by the JLDC, the parties shall execute a Buy-Sell Agreement together with the payments therein receipted for and such evidence of title as is required to be given by the County. From and after the date of such execution and delivery, the rights of the parties shall be governed by the term of the Buy-Sell Agreement. 18. Sale or Transfer of Leased Premises. In the event that the County shall sell, transfer or encumber any part of the lease premises during the term of the lease, the JLDC shall have the right of first refusal and such sale, transfer or encumbrance shall be made specifically subject to the terms of this lease including the JLDGs Option to Purchase pursuant to Paragraph 11, hereof 19. Assignment of Option. The JLDC shall not assign this option to purchase without the written consent of the County. 20. Modifications. No letter or other communication passing between the parties to this agreement, concerning any matter occurring during this contract period, shall be deemed a 5. LEASE . 'I.' . BOOK 157 MISC. PAGE 144 part of this contract, a contract renewal or an extension of the contract unless it is distinctly stated in such letter or communication that it is to constitute part of this contract, and such letter or communication is attached as an Appendix to this agreement and is signed by the authorized representatives of each of the parties to this contract. 21. Disputes. It is mutually agreed that the performance or breach of this Contract and its interpretation shall be governed by the laws of the State of Montana. In the event oflitigation concerning the terms of this contract, venue shall be in the Montana Fifth Judicial District, Jefferson County. 22. Execution. This Contract shall be executed in two duplicate originals, each of which shall be deemed to be an original. DATED this .3t:L day of ~ ' 2000. Jefferson County, Montana By: ~/ Sam Samson, Chair /) ~-~ . J '../:'/A-1' Sherry Car .,. ommiriioner yZL/~c' enna Obie, Commissioner ATTEST: 193367 State of Montana County of J~~erson Recorded'm~S 2~,_at 1:d3p~ Book ';']:1/ r~age/JJ1.j41 ~WrvI ~c\erk & Recorder By, Dep. FeeF 6, LEASE