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HomeMy WebLinkAbout895098 RECEIVED ~90~J~o~ LINCOLN COUNTY CLERK LEASE AGREEMENT BETWEEN THE WYOMIN~;~i~I~.~ND FISH COMM~bTI~N,~aq~,~- 2: 0h JEANNE W ' GNER ..... · B~~ ..y'RPAGE - _ ALF~D C. THOMAN ~D SHILEY THOM~(~?NI~,~ERER. ¢Iy~i)Ntt~4G 1. Parties. This Lease Agreement (hereinafter referred to as the "Agreement") is rnade and entered into by and between the Wyoming Game and Fish Commission (Commission), whose address is 5400 Bishop Blvd., Cheyenne, Wyoming,-and Alfred C. and Shirley Thoman (Thoman), whose address is Box 95, Kem~nerer, Wyoming 83101. 2. Purpose. The purpose of this Agreement is to provide terms and conditions for the Commission to lease private lands owned by Thoman, and to sublease additional private lands leased from Northwest Pipeline Corporation by Thoman for a period of ten (10) years. The agreement provides the option to extend the lease for an additional ten (10) years at the discretion of the Commission. The Agreement also provides the Commission, their agents or assigns the first right and option to purchase in fee the lands and appurtenant structures owned by Thoman subject to this agreement, and those associated lands and appurtenant 'structures also owned by Thoman should they become available for sale during the duration of this'Agreement. Any subsequent purchase by the' Commission will be based on fair market values as determined by a state certified real estate appraiser approved by both parties. 3. Term of Agreement. This Agreement shall commence upon the day and date last signed and executed by the duly authorized representatives of the parties to this Agreement, and shall remain in full force and effect for a period of ten (10) years. The Commission may, at its discretion, renew the Agreement for an additional ten (10) years. This Agreement may be terminated by failure of'Thoman to comply with any terms and conditions of the Agreement, or by consent of all parties. It may also be terminated if federal rules, regulations, or policies regarding control of base property threaten Thoman with the permanent loss of federal grazing privileges on adjacent lands. Upon said termination from any cause, all scheduled payments to the Thomans will cease, and Thoman will be required to remit the prorated share of any annual payment already made. 4. Payment. Annual lease payment in the amount of seven thousand ($7,000.00) dollars shall be made to Thoman by the Commission on or before the mmiversary date of the Agreement for each year the agreement remains in effect. In year one (1) of the Agreement, the Commission shall make a one (1) time additional payment of two thousand five hundred ($2,500.00) dollars, which Thoman agrees is fair and just compensation for the firs't option to purchase in fee. 5. The Commission Agrees: ¸2. To monitor the leased lands annually to insure compliance with the terms and conditions set forth herein. To notify Thoman within six (6) months of the notification of Th0man's intent to sell the property of the Commission's decision regarding exercise of the first option to purchase. I04 To inform Thoman, their heirs and assigns, of their intentions regarding renewal of the Agreement in year ten (10) of the agreement. To make annual lease payments on or before the anniversary date of the Agreement. 5. To install' informational signs and boundary signs as it deems necessary on the property and on existing fences. 6. Thoman Al!rees: To lease to the Commission those lands as depicted on the attached Exhibit A map. The said lands consist of approximately five hundred and eleven (511) acres of Thoman's private and privately leased lands. Should Thoman lose control of those privately leased lands, the Agreement may be terminated or the annual lease payment may be adjusted on a per acre basis. Thoman agrees to notify the Commission, in writing within tlfirty (30) days of any change in their leasehold interest in the private leased lands. 2. To exercise his water rights as legally permiSsible to those lands suppOrting alfalfa. 3. To cut said alfalfa fieldg one (1) time annually no later than July 1, and to provide all weed and fertilizer care as deemed necessary to keep the said fields in alfalfa. To keep livestock out of those lands marked as 'Lease Area' on the attached Exhibit A map through fence maintenance and due diligence. Should Thoman lease additional lands to the Commission, fence maintenance responsibilities will be renegotiated. To restriCt use of those lands marked as 'Horse Pasture' on the attached Exhibit A map to a maximum of two (2) horses from April 15 t~ough September 15 each year. o To notify the department of any and all mineral development. Should mineral development render the property unsatisfactory for wildlife purposes, as determined by the Commission, tlfis Agreement shall be terminated. 7. To allow the unrestricted administrative access t° the department for the purposes of monitoring the Agreement, repairing fences, conducting vegetative and habitat studies, weed control efforts, wildlife counts, or other such activities as the department deems necessary. 8. To allow pUblic access to licensed pronghorn (antelope) and sage grouse hUnters during legally established seasons. All other access not specifically .detailed herein shall remain at the discretion of Thoman. 9. To retain responsibility for all taxes and maintenance costs attributable to the lands and appurtenant structures contained within this agreement. 10. To notify the Commission in writing within thirty (30) days of the decision to sell any or all of the fee title interest in their lands. O DSO )S !0'5 11. To allow the Commission to install boundary and informational signs as it deems necessary. 12. That no wildlife damage claims as provided in W.S. 23-1-901, nor any other claims for any type of relief from wildlife use of the property, will be filed on those lands covered by this agreement. 7. The Parties Agree. 1. That the Agreement shall be binding to Thoman, their heirs, assigns, and agents for the duration of the Agreement. 2. That neither party will enter into any other agreement or sublease that undermines or conflicts with this Agreement. 8. General Provisions. A. Amendments. Either party may request changes in this Agreement. Any changes, modifications, revisions or amendments to this Agreement which are mutually agreed upon by and between the parties to this Agreement shall be incorporated by written instrument, executed and signed by all parties as an addendum to this Agreement. B. Applicable Law. The constructiOn, interpretation and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The courts of the State of Wyoming shall have jurisdiction over any action arising out of this Agreement and over the parties, and the venue shall .be the First Judicial District, Laramie County, Wyoming. C. Entirety of Agreement. This Agreement, consisting of five (5) pages, including the Exhibit A map, represents the entire and integrated agreement between the parties and Supersedes all prior negations, representations and agreement, whether written or oral. D.. PriOr Approval. This Agreement shall not be binding upon either party unless this Agreement has been reduced to writing before performance begins as described under the terms of this Agreement and unless the Attorney General or his representative approves this Agreement aS to form. E. Severabili .ty. Should any portion of this Agreement be judicially determined to be illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect, and either party may renegotiate the terms affected by the severance. F.. Sovereign Immuni.tY. The WYOMING GAME AND FISH COMMISSION does not waive its sovereign immunity by entering into this Agreement and fully retains all immunities and defenses pursuant to W.S. § 1-39-104(a) and other law. G. Third Party Beneficiary Rights,. The parties 'do not intend to create in any other individual or entity the status of third party .beneficiary, and this Agreement shall not be construed so as to Create such status. The rights, duties and obligations contained in this Agreement shall operate only between the parties to this Agreement, and shall inure Solely to the benefit of the parties to this Agreement. The provisions of this Agreement are intended only to assist the parties in determining and performing their obligations under this Agreement. The OM 50 M I06 parties to this Agreement intend and expressly agree that only parties signatory to this Agreement shall have any legal or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this Lease, or to bring an action for the breach of this Agreement. H. Americans With Disabilities Act and Nondiscrimination. The undersigned shall comply with Presidential Executive order 11246 entitled, "Equal Employment Opportunity," as amended by Presidential Executive Order 11375 and as supplemented in the Department of Labor Regulations (41 CFR part 60), the Civil Rights Act of 1964, the Wyoming Fair Employment Practices Act (Wyo. Stat. §27-9-105 et seq.), and the Americans With Disabilities Act (ADA), 42 U.S.C. 12101, et seq., Section 504 of the Rehabilitation Act of 1973, Title 1I of the Americans With Disabilities Act of 1990, the Age Discrimination Act of 1975 and Title IX of the Education Amendments of 1972. The undersigned shall assure that no person is discriminated against based on the grounds of sex, race, religion, national origin or disability in connection with the performance of this Agreement. 10. Signatures. In witness whereof, the parties to this Agreement, through their duly authorized representatives, have executed this Agreement on the days and dates set out below and certify that they have read, understood and agreed to the terms and conditions of this Agreement as set forth herein. Alfi:ed C. Thoman Date: Shirley Thoman STATE OF WYO~qG, WYOMNG Gregg,~hur, Deputy Director Wyorrffng Game & Fish Department Date: Approved as to Form: Date: /' ?/ '" , ~s~sista~nt Attomey Attomey General's Office ATTEST: Ron Arnold, Chief 'scal Officer 107