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1 AGREEMENT FOR USE OF LAND FOR NATURAL HISTORY EDUCATIONAL PURPOSES THIS AGREEMENT, made and entered into this day of , 2010, between the CITY OF MISSOULA (“the City”), a municipal corporation, 435 Ryman, Missoula, Montana 59802 and the Deschamps Family Partnership ("the Deschamps"), 9520 Butler Creek Rd, Missoula, Montana 59808, is for the purpose of allowing Missoula Parks & Recreation to conduct educational fieldtrips upon the Deschamps property as described below. R E C I T A L S WHEREAS, the Deschamps own approximately 1036 acres of land located NW of the WYE in Missoula County, legally described as: (hereinafter "the Property") WHEREAS, the land has high conservation values including elk winter range, native grasses and forbs, important wildlife and bird habitat consisting of open grassland, secondary forest, and a riparian corridor along Deschamps Creek in addition to incredible panoramic views of the Missoula, Clark Fork and Bitterroot Valleys; and WHEREAS, the Deschamps have granted a conservation easement to the Rocky Mountain Elk Foundation on the Property in order to permanently protect those conservation values; and WHEREAS, the City of Missoula contributed $175,000 of 2006 Open Space Bond funds towards the purchase of the conservation easement and in consideration of those funds would like to obtain limited public access managed and organized by Missoula Parks & Recreation; NOW THEREFORE, in consideration of the mutual promises set forth in this agreement, the parties agree as follows: 1. Access Agreement. The Deschamps agree to allow Missoula Parks & Recreation (Parks) to have access to the Property up to 4 times each calendar year for organized educational fieldtrips, who pursuant to MCA 70-16-301 and 70-16-302 as a gratuitous landowner allowing limited public access to their land for recreation purposes at no charge to the City, that will focus on the natural history attributes of the Property, including wildflower and native grass identification, cultural and geological history, ---PAGE BREAK--- 2 wildlife and birds. Parks will access the Property using the existing ranch roads and will close the ranch gate after entering and upon leaving the Property. Fieldtrips will be limited to 30 attendees per fieldtrip, not including Parks staff or "Partners" staff as described in Section 4 below. 2. Timing of the Fieldtrips. Parks may schedule up to 3 fieldtrips each year to optimize the best time for seeing blooming wildflowers and native grasses while they are green in the spring and early summer, which will vary each year, but generally will fall between May 15th to June 30th. The fieldtrips will be re-scheduled if the weather conditions are such that driving upon the dirt ranch roads would negatively impact the roads. Parks may schedule 1 fieldtrip each year during the winter for snowshoeing, hiking, or cross country skiing up to the ridge on the property to identify wildlife tracks. 3. Notice of the Fieldtrips. Parks shall notify the Deschamps of the scheduled fieldtrips at least 14 days in advance of each trip by email at the following address: [EMAIL REDACTED] The Deschamps are responsible for notifying Parks of any future address change for notification purposes. Parks shall notify the Deschamps of any fieldtrip cancelations and the re-scheduled dates as soon as possible. 4. Fieldtrip Partners. Parks may have partners such as The Montana Natural History Center, Montana Fish, Wildlife & Parks, Missoula County Parks, or Missoula County Public Schools participate in the fieldtrips to help organize and provide attendees. 5. Immunities. Pursuant to MCA 70-16-301 and 7-16-302, as long as the Deschamps as gratuitous landlords do not receive valuable consideration, the Deschamps do not owe any person accessing their property pursuant to this agreement any duty of care with respect to the condition of the property being accessed pursuant to this Agreement except for any injury to person or property for any act or omission that constitutes willful or wanton misconduct as recognized pursuant to MCA 70-15-302(1). Otherwise, the Deschamps shall be entitled to claim all of the rights and immunities against liability to the fullest extent of the law under the Montana Recreational Use Statute (MCA § 70-16- 301, et seq. as amended from time to time) and under any other applicable provision of law providing immunity from liability to landowners who allow public recreational uses of their lands. The parties acknowledge that this Property is primarily used as a family agricultural operation with cattle grazing on the Property and cattle are unpredictable. The Deschamps will not be held liable for any accident caused by cattle on the Property or for any action of the cattle caused by visitors' behavior or due to weather, ice, or any other condition of nature or the outdoors. 6. Indemnification. The City shall indemnify, defend and hold harmless the Deschamps from any and all actions, claims, damages, losses, liabilities and expenses (including attorneys’ fees) (collectively “Claims”) arising out of any act, or failure to act, on the part of the City, its agents or employees, associated with the performance of this Agreement and (ii) any and all Claims by third parties including members of the public arising from or related to the use of the Property pursuant to the provisions of this Agreement, except such Claims arising out of actions attributable to the Deschamps . 7. Modification of Easement. Notwithstanding any other provision in this Agreement, the parties may mutually modify this Agreement in writing, and they shall agree in such written modification to their respective rights and obligations upon modification. ---PAGE BREAK--- 3 8. Agreement Binding on Successors. This Agreement is binding on the successors and assigns of the parties. 9. Governing Law. The Property being located in Missoula County in the State of Montana, the law governing the interpretation or enforcement of the terms and conditions of this Agreement shall be the laws of the State of Montana. IN WITNESS WHEREOF, the City and the Deschamps have caused this instrument to be executed on the of Deschamps Family Partnership THE CITY OF MISSOULA A Municipal Corporation BY: Charlie Deschamps John Engen, Mayor ATTEST: Martha Rehbein, City Clerk (Seal) State of Montana ) )ss. County of Missoula ) The forgoing instrument was acknowledged before me this day of 2010 by Charlie Deschamps. Notary Public for the State of Montana Printed Name: (SEAL) Residing at: My Commission expires: