MDT East Trailhead Lease AgreementDocuSign Envelope 10:7D10BAEr-3002-4EE3-9253-533FF!66a58A
Montana Department of Transportation
Right -of -Way Bureau.
PO Box 201001
Helena, MT 59620-1001
ROWFORWRESTM114 State of Montana Revised 09/17/2019
Department of Transportation
Right -of -Way Bureau.
2701 Prospect. Avenue
PO Box 20100.1
Helena, MT 5962061001
Project No.:
F ! G 257(15)
Designation:
Kalispell -East
Control No.:
W655-015-00o
Parcel Nos.:
1 and 7
Landscaping and Parking Lease
This agreement is between the Montana Department of Transportation, 2701 Prospect.
Avenue, PO Box 20100.1, Helena. MT 59620-1001, (406) 444-9272, hereinafter referred.to as
MDT and City of Kalispell, Mn Kalispell City Hall, 201 111 Avenue East, Kalispell; MT 59901,
(406) 758-7703, hereinafter referred to as LESSEE.
MDT leases the following described property to the LESSEE for a term of one year
A tract of land in the SWT/4NE'/, of Section .6, Township.28 North, Range 21 West,
P.M., M., Flathead County, MT; more particularly described as Tract A and B of Certificate
of Survey 17752, as shown by the shaded areas on the plat, exhibit and plan sheet (Exhibit
A, consisting of 3 attachments attached hereto and made a part hereof, containing an area
of 0-641 of an acre, more or less.
The lease may be extended from year to year upon. approval of MDT. If the LESSEE. is
NOT the underlying fee landowner of the adjacent westerly property which is part of.a shared -use
path system within the Kalispell Core Area.ofthe old BNSF Railway of this lease, and the LESSEE
ceases to rent or lease this adjoining property, this lease agreement will become NULL & VOID.
Lease will commence on the date of final signature.
The rental consideration for this property will be waived, as long as the property being
leased is for public use only to parkvehicles for access to the shared -use path system in Kalispell.
The LESSEE will, in exchange, landscape and maintain the.area shaded red and greenon the
attachments marked Exhibit "A". LESSEE agrees that it will use the area shaded red solely for
parking and thedevelopment of an access trail connection to the shared -use path system and
the area shaded green solely for landscaping. The access trail development is to be constructed
as to not conflict or encroach with future highwayexpansion of U.S. Highway2. A pin -down curb
or other demarcation shall be placed between the area shaded red and the area shaded green.
It is specifically agreed that the LESSEE may pave the area shaded red.
Pagel ors
AecuSign Envelope0. 7D10BAEF-3002-4EE3-g253-533FE7,66D58A.
Landscaping. And Parking Lease
Project No.: F`FG 257(15) Parcel Nos.: land 7
III
LESSEE shall maintain the landscaped, parking and access trail areas for as long as the
lease is in effect.
IV
The area shaded green shall be improved for beautification purposes by a combination of
mulching, seeding and planting of grass and shrubs. It is understood that 5 trees will be impacted
by the construction of the parking area within the railbanking property and maybe removed. Tree
or shrub removal; dead or otherwise, and trimming can only occur between August Wand April
15 to ensure compliance with the Migratory Bird Treaty Act. The LESSEE must contact and.
coordinate with MDT's:Kalispell Maintenance Superintendent, (406) 751-2012 before starting the
removal process. The LESSEE may install underground sprinkling systems. Once all said
landscaping is complete, it shall become the property of MDT. All .additional and. future
landscaping and improvements to the area (shaded green) must first be reviewed and approved
by MDT's District. Administrator(406) 523-5802. No vegetation exceeding 24 inches in height shall
be planted or maintained in locations "whieh.will obstruct the sight distance of the traveling public
on the highway or approaches thereto.
V
LESSEE covenants and agrees that no fixture, building, or structure including advertising
signs -or other permanent installation shall be constructed or placed upon the premises.
VI
Ingress and egress to MDT's property shall be by existing approaches. All changes to
existing 'approaches shall require an approved approach Permit and be constructed at LESSEE'S
expense:
VII
LESSEE. covenants and agrees that it will not place or cause to exist any improvements
or encroachments on any highway right-of-way or other property of the. MDT except for those
improvements or encroachments allowed on the tracts described herein as set out in this lease.
MDT reserves the right to enter upon the leased premise and remove, after notification,
any obstacles.or structures which may be hazardous to the traveling public.
VIII
LESSEE shall protect, defend, indemnify and hold MDT, its elected and appointed
officials; agents, and employees, while acting within their duties as such, harmless from and
against all claims, liabilities, demands, causes.of action, and judgements (including the cost of
defense and reasonable attorney fees) arising in favor or asserted by LESSEE's employees or
third parties on account of damage to property, bodily.or personal injury, or death arising out of
any services performed, act or omission that in any way results from. the acts or omissions of
LESSEE, except the negligence of MDT.under this Agreement.
IX
Each Party shall maintain for the duration of this Agreement, at its own cost and
expense, insurance against claims for injuries to persons or damages to property that may arise.
from or in connection. with the performance of duties and obligations in this Agreement by each
Page 2 of 5
DocuSign Envelope ID:.7DIOBAEF-3002-4EE3*9253-533FE766D59A
Landscaping And Parking Lease
Project. No.: F;FG 257(.15.) Parcel Nos.: 1 and 7
Party, its agents, employees, representatives, assigns, orsub=contractors: This insurance shall
cover such claims as may be caused by any negligent act or omission.
Each Party shall purchase and maintain occurrence coverage with combined single
limits for bodily injury, personal injury, and property. damage of $1 million per occurrence and $2
million aggregate per year to cover such claims as may be caused by or arising out of any
negligent acts or omissions in work or services performedunder this Agreement, or as
established by statutory tort limits as.provided under this Agreement or as established by
statutory tort limits as provided by a public entity self-insurance program either individually or on
a pool basis as: provided by Montana Code Annotated Title 2, Chapter 9.
All insuranca coverage must be with :a carrier licensed to do business in the: State of
Montana or by a public entity self -insured. program. either individually or on a pool basis. Each
Party must notify the other immediately of any material change in insurance coverage, such as
changes in limits, coverage, change in status of policy, etc. Each Party reserves the right to
requestcomplete copies of the other Party's insurance policy or self-insuredmemorandum of
coverage at any time
LESSEE must maintain workers' compensation insurance and require its contractors
and its contractor's sub -contractors to carry their own workers' compensation coverage while
performing work. within MDT right-of-way in accordance with Montana Code Annotated §§3.9-71-
401 and 39-71-405. Neither the contractor nor its. employees are employees of MQT. This
insurance/exemption must be valid for the entire Agreement period.
X
LESSEE, by the executing of this lease, acknowledges, the title of MDT to. the, premises.
LESSEE. shall refrain from any action or omission which clouds MD.T's title to the premises.
LESSEE further agrees to defend MST's title to the premises from any claims or demands.arising
from LESSEE's acts or omissions which causes a cloud upon MDT's title. It is mutually
understood and agreed that the execution of the lease shall not be construed as an abandonment,
relinquishment of title or nonuse of the property.
XI
LESSEE agrees thatin the event the leased property should cease to be used for the
above described purposes for a period of twelve (12). consecutive months prior to the expiration
of the term, this lease shall then be terminated. LESSEE shall return full possession and use of
the property to MDT,
XIl
LESSEE agrees to maintain the leased property in neat and attractive condition at all
times and shall not permit debris, junk or other unsightly matter to accumulate and shall at their
sole expense eradicate all noxious weeds.
X111
This lease may be terminated by either party, at any time, without cause; for convenience,
by serving upon the. other party written notice of termination at least thirty (30) days :notice in
advance.
It is mutually understood and agreed that in the event a public emergency necessitates
the immediate use of the land herein described, the MDT reserves the right to re-enter the
Page 3 of.5
DocuSign Envelope ID: 7DlOBAEF.-3002-4EE3-9253-533FE766D5EA
Landscaping And Parking Lease
Project No.: F-FG 257(15) Parcel Nos.: 1 and 7
premises without notice, but the interests and personal property of the LESSEE will be given such
protection as is reasonably possible in the circumstances.
XIV
LESSEE shall not sublease, assign, rent or permit the use of said premises without written
consent of.MDT.
XV
It is mutually understood and agreed thatthis lease is subject to the right of any private or
public utility now lawfully occupying the said land to continue to operate and maintain utility
facilities thereupon, and MDT retains all rights. to grant additional utility easements on. or across
said land.
XV1
LESSEE agrees that LESSEE will not permit any lien, mechanic or otherwise; to attach or
to become. an obligation against the tract herein described.
XVII
LESSEE shall refrain from deposition or discharging either intentionally or negligently any
hazardous wastes upon the premises. LESSEE agrees to remove and undertake and pay all cost
and expense associated with necessary clean up to the premises in the event of the LESSEE's
breach of this paragraph. LESSEE agrees to. provide Phase f certified testing for hazardous
wastes if requested by the MDT.
XVIII
It is mutually understood and agreed that LESSEE will be responsible for payment of any
taxes or assessments against the tract herein described.
XIX
It is mutually understood and agreed that LESSEE shall not acquire a compensable
interest in the ieasehold estate during the term.of this lease in the event all or a portion is required
for highway purposes: LESSEE further agrees to waive any claim ofthe leasehold increasing the
value of LESSEE's adjacentland, by reason of this lease, in the event a portion of LESSEE's.
adjacent land "is required for the widening of the highway.
XX
LESSEE and LESSEE's successors in interest and assigns, as a part of. the consideration
hereof; does hereby covenant and agree that all facilities to be constructed, maintained or
otherwise operatedonthe said property described in this lease, will maintain and operate such
facilities and services in compliance with all requirements imposed pursuant to Title 49, Code
Federal Regulations, Department of Transportation; Subtitle A, Of ice. of the.Secretary, Part 21,
Nondiscrimination in federally -assisted programs for the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964 and as said regulations may be amended.
XXI
That in the event of breach of any of the above nondiscrimination covenants or any terms
and conditions of this lease, MDT shall have. the right to terminate the lease and to re-enter and
repossess said land and the facilities thereon and hold the same as if said lease had never been
.made or issued.
Page 4of5
DocuSign Envelope ID; 7D10BAEF-3002-4EF3-9253-533FE758D58A
Landscaping And Parking Lease
Project No.: F-FG 257(15) Parcel Nos.: 1 and 7
XXII
It is mutually understood and agreed by the parties hereto that time is of the essence in
each and all of the provisions and terms of this lease. It is mutually agreed and understood
that any waiver of any terms or conditions of this permit shall be in writing, and any waiver
so made shall not be deemed as a waiver of any subsequent breach by the parties hereto.
XXIII
MDT reserves the property for future transportation purposes and is allowing the LESSEE to
lease the property on a temporary occupancy for its transportation purposes. Section 4(f) of the
United States Department of Transportation Act (49 U.S.C. 303), does not apply to the property
because the land is reserved from and will never be part of a protected Section 4(f) property. Any
MDT reviewed and approved improvements do not change the status of the property for
transportation purposes.
The LESSEE will not use any funds (local, state, or federal) to make improvements to the
property that would make MDT liable for mitigation or incumber the property, such as the Land and
Water Conservation Fund (commonly referred to as Section 6(f) funding).
XXIV
Lessee acknowledges that this Lease and the terms and conditions outlined
herein are subject to final approval of and signature by the Director of the Montana
Department of Transportation or his assigns.
Date
A RjyW .to Form & Content:
l�'� Gvt�L Iftit.01'Y11
A o
9/10/2021
Date
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
�By
E--lrr�iteq�-FEE—C�rn'•f.Ern,�me;c;r
Highways Engineering Divisionel
`
J+41'a� OIL11 4A, Reo ewem-u cMrEr=
LESSEE:
CI M, K 4r.ISPELL
x �}eu :usst lG
Dou usse , Kalispell City Manager
Page 5 of 5
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