2. Lease Agreement - Wastewater Plant Sludge Disposal SiteCity of Kalispell Public Works Depaftment
Posh Office Box 1997. Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax ( 06)75 -7831
REPORT TO: Mayor and City Council
FROM: James C. Hansz, P.E., Director of Public Works
SUBJECT: Rental Agreement, Wastewater Plant, 40 Acre Sludge Disposal Site
MEETING DATE: 5 May 2003
BACKGROUND: For many years the City has maintained an agreement with Doug Wise to rent the use
of the City's 40 acre sludge disposal site on Cemetery Road. Mr. wise has boarded his horses on the
property and paid either a rent of $600/year or has provided the City with labor and equipment to spread
and cultivate into the land the waste sludge from the treatment plant and other composting materials. This
land maintenance work has formed the majority of our interest in maintaining this beneficial arrangement
over the years and continues today. The cumulative results of these years of effort have greatly improved
the overall visual condition of the City's property and have ensured that the City's primary interest in the
site, its long-term use as a wastewater sludge disposal site, has continued without becoming a nuisance.
The current agreement is up for renewal and will again run for a two year period. We strongly
recommend continuation of this beneficial arrangement.
RECOMMENDATION: Authorize City Manager to renew agreement with Doug Wise.
ACTION REQUESTED: AT CITY COUNCIL MEETING OF S MAY 2003 — MOTION TO
A UTHORIZE RENEWAL OF WWTPPROPER'TYRENTAL AGREEMENT WITHDOUG WISE
FISCAL EFFECTS: Annual rent of $600.00, or offset of costs for equipment and labor to maintain
property.
ALTERNATIVES: As suggested by the City Council
C":)
P. Chris A. Kukulski
Director of Public Works / i Engineer City Manager
Report compiled 28 April 2003
Attachments: Rental Agreement, for period 1 May 2003 through 30 April 2005
May 5, 2003 Cemetery Road W WTP Property Rental Agreementdoe
LEASE
THIS AGREEMENT, made and entered into this day of by and
between the City of Kalispell, a municipal corporation, hereinafter LESSOR, and Doug Wise, hereinafter
LESSEE:
WITNESSETH:
LESSOR, hereby leases to LESSEE, certain real property situated in County of Flathead, State of
Montana, more particularly described as follows:
That portion of the Sl/2NE1/4 of Section 29, Township 28 North, Range 21 West, M.P.M., Flathead
County, Montana, described as follows:
Commencing at the center quarter corner of said Section 29; thence along the West line of the NE1/4
North 08°08'52" West a distance of 1288.95 feet to the South line of Cemetery Road (a 50 foot
country road; thence along the South line of the road South 89°31'38" East a distance of 1352.27 feet;
thence South 00°08'52" East a distance of 1288.21 feet; thence North 89033'31" West a distance of
1352.26 feet to the point of beginning.
EXCEPTING Public Roads and Rights of Way.
to hold said premises, unto LESSEE, from May 1, 2003 until April 30, 2005.
In consideration of said Lease, LESSEE agrees with LESSOR as follows:
1) LESSEE agrees to pay annual rent of $600 for the period May 1, 2003 through April 30,
2005.
2) At the option of the City, as its maintenance requirements may require, LESSEE agrees to
provide, in lieu of $600 annual rent for the leased premises, labor and equipment to disc into the
soil, dry leaves, cover material, and waste sludge delivered to the site as a result of the Lessor's
normal wastewater treatment operation and maintenance.
3) LESSEE agrees to utilize said leased premises only for the grazing of livestock owned by
LESSEE, and not for any other purpose.
4) LESSEE shall not sublet the leased premises or any part thereof, or assign this Lease, without the
written consent of the LESSOR.
5) It is agreed that this Lease may be canceled by either party at any time by sixty (60) days written
notice...
6) This lease agreement may be extended by the City Manager for an additional two (2) year period
by mutual consent of the LESSOR and LESSEE and subject to satisfactory agreement on the
annual rent to be charged.
7) The parties to this Lease agree that the covenants and agreements contained herein shall be
binding upon and inure to the benefit of their respective heirs, successors and assigns.
DATED THIS DAY OF , 2003.
CITY OF KALISPELL
Doug Wise
Chris A. Kukulski, City Manager