HomeMy WebLinkAboutLease Agreement with Kenneth Aschenbrenner (Settlers Park Land) '~ ~~.~ ~ 1 ~~ ~~~~~~~~- REQUEST o~
~D~ CUUl~T~I RECQRa~R
~. C?AViQ NAVA~tRO ~' ~ . J
.',~,£;g,1~~k14Q FEE. ~ QEPUTd ,.
1d~~0 A~' 13 P~ I ~ 3 7 ~ ~~ ~ Q Q
Q~8044
LEASE AGREEMENT
THIS AGREEMENT is entered into as of this ~ day of
r
2000, by and between the City of Meridian, a municipal corporation
and government subdivision of the State of Idaho, organized and existing by virtue of
the laws of the State of Idaho, hereinafter referred to as "City of Meridian", whose
current address is 33 E. Idaho Ave., Meridian, Idaho 83642, hereinafter referred to as
the "Lessor", and Kenneth L. Aschenbrenner, an individual, whose current address is
4990 N. Meridian Road, Meridian, ID 83642, hereinafter referred to as the "Lessee".
WITNESSETH:
1. LANDS RENTED: In consideration of the mutual promises and
covenants herein including, but not limited to, the rents to be paid and the services
to be performed by the Lessee, as subsequently set forth in this Agreement, the
Lessor does lease to the Lessee, and the Lessee does lease from the Lessor, the
following real and personal property located in the County of Ada, State of Idaho,
more particularly described on Exhibit "A", attached hereto and incorporated herein
by this reference.
2. TERM OF LEASE:
This Agreement shall include all improvements and such water rights,
permits and licenses as are essential to the facilitation of the terms of this Agreement
now located upon or appurtenant to the described premises from the 1st day of April,
LEASE - 1
2000, to the 30th day of September, 2000.
3. POSSESSION: For the lease term, Lessee shall be entitled to
commence possession upon the date this Agreement has been executed by both the
parties hereto.
4. RENT: Lessee covenants and agrees to pay $2,600.00 rent for said
property if the planted crop or anything other than beans, and $3,180.00 rent if
beans, due and payable on the 30th day of September, 2000.
5. DUTIES OF LESSOR: Lessor covenants and agrees with Lessee as
follows:
(a) Lessor will provide to Lessee the above described land and
improvements thereon. Lessor shall be responsible for the payment for the land and
the payment of real property taxes and other expenses related to providing the land
for the Lessee's use.
(b) Lessor will provide to Lessee the use of water for the purpose of
watering the premises under the water rights appurtenant thereto. All water
assessments shall be paid during the term of this Agreement by the Lessor.
(c) Lessor shall not be obligated to pay any .portion of the production,
harvesting, hauling, storage, marketing, or other costs associated with the crops
produced on the real property.
(d) Lessor covenants that, upon the Lessee keeping, observing and
LEASE - 2
performing the covenants of this Agreement to be kept and observed, the Lessee shall
peacefully and quietly possess and hold the premises throughout the term of this
Agreement without interruption from Lessor, his successors or assigns, and Lessor
shall defend Lessee's right of possession against such person.
(e) Crop insurance shall be at the option of Lessee.
(f) Lessor will perform all of the covenants of this Agreement in a
timely manner and as required by this Agreement and will hold the Lessee harmless
for any loss occasioned by the failure of the Lessor to thus perform.
6. DUTIES OF LESSEE: Lessee covenants and agrees with Lessor as
follows:
(a) Lessee will pay the rent herein reserved to be paid by him in
the manner herein provided.
(b) Except as otherwise specifically provided in this Agreement,
Lessee will pay all expenses and costs of operation arising out of the leasing, farming,
producing and harvesting of the crops to be grown upon the leased premises under
this Agreement.
(c) Lessee will farm the leased premises in a farmer-like manner.
(d) Lessee shall be responsible to maintain all irrigation ditches
in as good condition as they are at the outset of this Lease, normal wear and tear
excepted.
LEAS E - 3
(e) Lessee shall pay all electrical expenses for irrigation pumps
associated with the irrigation of the lease premises.
(f) Lessee will permit the Lessor, his agent or agents, to enter into and
upon the premises and each and every portion thereof at any reasonable time or
times, for inspection thereof and of the crops thereon or to make improvements on
the property.
(g) Lessee will perform all of the covenants of this Agreement in a
timely manner and as required by this Agreement and will hold the Lessor harmless
for any loss occasioned by the failure of the Lessee to thus perform.
(h) Lessee will quit and surrender possession of the premises upon the
expiration of said term and hereby waives notice to that effect, except as otherwise
specifically provided herein.
(i) Lessee shall not permit, suffer, or incur any mortgage or
encumbrance on the land herein demised or the improvements thereon.
(j) Lessee will return the land in the same condition as when taking
possession, normal depreciation excepted.
(lc) Lessee shall maintain and provide the City of Meridian as an
additional insured for all premises liability in an amount not less than the amount
required by State Law (I.C. 6-926) to be carried to cover statutory liability of the
lessor, which is a minimum of $500,000.00 single limit for damages, costs and
LEAS E - 4
attorneys fees on account of bodily or personal injury, death, or property damage, or
other loss resulting from any one occurrence or accident. Lessee shall also maintain
workers' compensation insurance as required by State Law, evidence of such coverage
to be provided to the City Clerlc by Lessee in the form of a Certificate of Insurance.
7. ASSIGNMENT OR SUBLEASING: Lessee may not assign this
Lease, sublease or underlet the demised premises without prior written consent of
Lessor.
8. SALE OF LEASED PROPERTY: In the event Lessor shall sell the
above-described leased premises, or any portion thereof, during the term of this
Agreement or any renewal thereof, Lessor shall make said sale subject to all the terms
of this Agreement.
9. AUTHORITY TO LEASE: The Lessor hereby warrants to the Lessee
that the Lessor has full and absolute authority to lease the property hereunder and
hereby covenants and agrees to save harmless and indemnify the Lessee from all
claims of any kind including, but not limited to, attorney's fees and court costs
arising out of claims relating to Lessor's authority to lease this property.
10. DEFAULT: In the event either party hereto shall be in default
under the terms and conditions of this Agreement, the other party shall give written
notice to the defaulting party stating in what respect that party has failed to comply
with the terms and conditions of this Agreement. In the event the defaulting party
LEASE - S
shall fail to comply with the terms of this Agreement so specified within 30 days after
the giving of such notice by certified mail, then and in that event, the party giving
notice shall have the option and privilege of immediately terminating this Lease and
to seek damages.
11. ATTORNEY'S FEES: In the event either party defaults in the
performance or nonperformance of the terms of this Agreement and it shall become
necessary to resolve the default by any course of legal action, whether the same be
through litigation or by the intervention of attorneys, the party determined to be at
fault shall pay to the prevailing party reasonable attorney's fees and all expenses and
costs thus incurred.
12. NOTICES: All notices required to be given to each of the parties
hereto under the terms of this Agreement shall be given by personal service upon the
party to be given notice or by depositing a copy of such notice in the United States
mail, postage prepaid and registered or certified, return receipt requested, to the
respective parties hereto at the addresses hereinbefore stated or to such other address
as may be designated by writing delivered to the other party. All notices given by
certified mail shall be deemed completed as of the date of mailing except as otherwise
expressly provided herein.
13. RELATIONSHIP OF PARTIES: Under no circumstances shall the
terms of this Agreement be deemed to give rise to a partnership or joint venture
LEASE - 6
relationship between the parties and neither party shall have authority to obligate the
other without written consent of the other except as specifically provided in this
Lease.
14. CONSTRUCTION: This Agreement is binding upon the heirs,
personal representatives, administrators, successors or assigns of the parties and
wherever the context uses the singular it shall include the plural and vice versa.
15. MANAGEMENT DECISIONS: Lessee shall manage the operation
of the above-described real property as a farming unit during the term of this Lease or
any renewal thereof.
16. SEVERABILITY: If any portion or portions of this Agreement shall
be, for any reason, invalid or unenforceable, the remaining portion or portions shall
nevertheless be valid, enforceable and carried into effect, unless to do so would
clearly violate the present legal and valid intentions of the parties hereto.
17. GOVERNING LAW
This Agreement shall be subject to and
governed by the laws of the State of Idaho.
LEASE - 7
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
City of Meridian
r P~PSi `dek Z`~ (r<~j ('~o wn cry.
"Lessor" J
/ F-~~ ~ V~t~~
Kenneth L. Aschenbrenner
"Lessee"
ATT T:
_ _ /~ '
ity Clerlc
STATE OF IDAHO )
County of Ada )
ACKNOWLEDGMENT
:ss
On this ~~' day of ~ ri ~ i the a~, 000, before
me, the undersigned, a Notary Public, personally appeared ,known
or identified to me to be the Mayor of the City of Meridian, who executed the
instrument or the person that executed the instrument on behalf of said municipality,
and acknowledged to me that such municipality executed the same.
e~a~~~~~
.• UG••
-~, E __
•'~~ ~ ~
. .
~±~~
LEAS E - 8
1
Nota blic for Idaho
Commission expires: q-2t0~On
STATE OF IDAHO
County of Ada
ss
On this ~~ day of ~~(/1 [,~lJ in the year 2000, before
me, the undersigned, a Notary Public, personally appeared Kenneth L.
Aschenbrenner, known or identified to me to be the person whose name is subscribed
to the within instrument, and acknowledged to me that he executed the same.
^i~+
i ~,~~T' `~r ~`. i
~` • •
•
(SEAL)~y~ ~' ~ ~' f
• ! •
•~~e•
Nota ublic for Idah~ /~ ~~
Commission expires: r
Z:\Worlc\M\Meridian 15360M\Parks\/~schenbrenner.Lse
LEASE - 9
Legal description to be attached to Aschenbrenner Lease agreement
A portion equaling 53 acres of that certain parcel or real property the whole
of which is described as the E''/Z of the S.W.1/ of the S.E %4 of Section 36.
Township 4 north Range 1 West, Boise Meridian and the S.E. '/4 of the S.E.
'/< of Section 36 Township 4 North, Range 1 West Boise'.Vleridian, the
portion being excepted from the leased premises is the building site on the
South East Corner of the real property and the area occupied by the water
reservoir and facilities all of which is depicted on the Aerial photo map
attached hereto.
EXHIBIT "A"
%~* TOTAL FAGE.13 **
~* TOTAL PAr,E.D2 **
FARM BUREAU MUTUAL INSURANCE CO OF I D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION,
10 01 N 7TH AVENUE ONLY, AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO BOX 4848 ~~~~11,, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
POCATELLO I D 8 3 2 0 5- 4 8 4 8 l ~"'cE'~ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED ArK ~ [UU(]
COMPANIES AFFORDING COVERAGE
~'~ ~F ~~ COMPANY FARM BUREAU INSURANCE
KENNETH L ASCHENBRENNER LETTER A COMPANY OF IDAHO
ROSALIE SHARON ASCHENBRENNER
4990 N MERIDIAN RD LETTERNYB
MERIDIAN ID 83642-5114
COMPANY
LETTER C
THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
GENERAL LIABILITY
A
~ COMPREHENSIVEFORM
01-+-020215-01
2/24/2000 O
2/17/2001
PREMISES/OPERATIONS B.I. -EACH OCCURRENCE $ NONE
UNDRGND EXPL & COLL HAZ
PRODUCTS COMPLETED OPER. P. D. -EACH OCCURRENCE $ NONE
CONTRACTUAL
INDEPENDENT CONTRACTORS B.1. & P.D. COMBINED -EACH OCCU $ 5 Q Q
BROAD FORM P.D.
PERSONAL INJURY PERSONAL INJURY $ NONE
AUTOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE LIMIT $ NONE
ALL OWNED AUTOS
SCHEDULED AUTOS BODILY INJURY (Per Person) $ NONE
O HIRED AUTOS
NON-0WNED AUTOS BODILY INJURY (Per Accident) $ NONE
SPECIFICALLY DESCRIBED
PROPERTY DAMAGE $ NONE
EXCESS LIABILITY
A
~'UMBRELLAFORM-_ -~-- !~ /1
_ --~ .~-.Q2V2-~~'~V2 I~ I1 I~
224f 2-L-Vt+.
-2~/~~Ol _
_EACHO~CURFtEJ~ICE`- --_
OTHER THAN UMBRELLA FORM
AGGREGATE $ ~ MT T.
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS:
190 ACRES AT SECTION 36, TOWNSHIP 4N, RANGE 1W IN ADA COUNTY
ATTN WILL BERG
CITY OF MERIDIAN
33 E IDAHO AVE
MERIDIAN ID 83642
ACRD 25 (11-94)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
WILL ENDEAVOR TO MAIL 2 O DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL
SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY
KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
7 ~~ I
4/04/00 10573 FIN03
~~~
Farn~eur+e~
FARM BUREAU MUTUAL INSURANCE COMPANY OF IDAHO FARM AND RANCH POLICY
PO BOX 4848 POCATELLO ID 83205-4848 ENDORSEMENT
(208) 232-7914
POLICY NUMBER: 01-+-020215-01
INSURED: ASCHENBRENNER KENN
EFFECTIVE DATE: 01-24-2000
CITY OF MERIDIAN IS AN ADDITIONAL NAMED INSURED ON SECTION II OF THIS
POLICY BUT ONLY AS THEIR INTEREST MAY APPEAR IN THE ACRES AT
SECTION 36, TOWNSHIP 4N, RANGE 1W IN ADA COUNTY.
NOTHING CONTAINED HEREIN SHALL VARY, ALTER, OR EXTEND ANY OF THE PROYISIONS OF THIS POLICY EXCEPT AS
PROVIDED IN THIS ENDORSEMENT.
IN WITNESS WHEREOF THE COMPANY HAS CAUSED THIS ENDORSEMENT TO BE COUNTERSIGNED BY A DULY AUTHORIZED
OFFICER OR REPRESENTATIVE OF THE COMPANY.
INSURED'S COPY - ~
205 (08-78) ~~
Authorized Representative
FARM LAND LEASE
Parties: City of Meridian -Lessor
Kenneth L. Aschenbrenner -Lessee
~}91c~ n• Mevid~wh, ~d
Lessor owns the following described real property and hereby leases 53 acres of
said property to Lessee: the E. '/ of the S.W. '/4 of the S.E. '/4 Section 36, T4N,
R1 W, Boise Meridian and the S.E. '/4 of the S.E. '/4 of Section 36 T4N, R1 W
Boise Meridian, excepting the building site in the S.E. corner of property, and the
site of the water reservoir and facilities.
1. This lease shall begin on August 1, 1997, and shall terminate on November 1,
1998. Lessee shall pay the Lessor $5,500.00 to be paid by November 1,
1998.
2. Lessee shall pay all expenses of planting, growing, and harvesting of all crops
grown on said land.
3. Lessor shall pay all property taxes and irrigation water assessments.
4. Lessee shall pay electric bill on irrigation well.
5. Lessee provides for his own insurance needs, including liability and worker's
compensation.
g Si ned:
Si Lessor Lessee /~~ ~ ~~~---/
o ert D. Corrie - Mayor
~ ~. ~! 7 u/I/a~C ~ ~ ~ T [ /
Attest• ~~~
i liam G. Berg, J .
City Clerk
Approved by City Council 11-5-97
``,``'~`,~~~ r~ rr n u-r~r~y,,~`~',,,~e'~
`°`~ ~t~ ~ ~Y~w~~,_ yr,
~~ _ 1 '~q"i-, y
s ~ ..
z $ '~L
y
w
i * ~'[ ~~
//~,,',~ ~ , w~ ````~
h~~~i~~inn rrNrN~~~~
Ulrll~ ~
~~
~~.
S ~
. ~~ - -- - -
HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH. P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P 8 Z Administretor
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Worlcs/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
November 11, 1997
Mr. Kenneth L Aschenbrenner
4990 N. Meridian Road
Meridian, Idaho 83642
RE: FARM LAND LEASE
N.W. CORNER USTICK AND MERIDIAN ROADS
Dear Mr. Aschenbrenner:
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
Here is cfn original executed farmland lease for your records for the city owned
property described in the lease.
Sincerely,
William G. Berg, Jr. "
City Clerk
Cc: File, G. Smith
Meridian City Council
November 5, 1997
Page 29
Boise City Limits (inaudible) from the stand point of Van Auker ,(inaudible) they need to
understand that is my position (inaudible).
Rountree: I am 'not sympathetic to. their issue, I will listen to them but I don't know that
they can build a very good case (inaudible).
Cowie: This was just for a discussion so if you don't want to hear a discussion you
certainly don't have to.
Morrow. Well I guess from my perspective I am perfectly willing to have to Shari and
Gary and myself meet with the Van Auker folk and express my sentiments (inaudible).
Cowie: Okay, we will take care of that if you so desire to have (inaudible)- come in and
see us.
Stiles: Gary and I did meet with Brad Miller and Gale Jenson and even though my
attitude was not a chance in hell they thought that my belligerent attitude was not going
to be the same as the Council. So that is why they wanted the audience.
Come: If you want me to come in there I would be happy to meet with them. Gary and I
can soothe the savage beast (inaudible). Make a time and we will have a meeting with
them.
ITEM #17: FARM LAND LEASE WITH KENNETH ASCHENBRENNER:
Corrie: I believe you have that before you, any questions of staff or questions you might
have on this lease at this point for November 1, 1998.
Morrow. I have none Mr. Mayor, this is basically the same standard lease that we have
done. I think that the legal description outlines the property that he is leasing, the terms
are the same that they have been before. We earlier had assured Mr. Aschenbrenner
that he would have a lease if he had gone ahead and prepped for sugar beets
consistent with normal farming practices for that. So I would move that we enter into
this contract with Mr. Aschenbrenner, authorizing the Mayor to sign and the Clerk to
attest.
Bentley: Second
Cowie: Motion made and seconded to enter into this agreement as written with the
mayor to sign and the City Clerk to attest, any further discussion? All those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #18: CANVASSING VOTES FOR CITY GENERAL ELECTION:
CITY OF MERIDIAN
."Hub of Treasure Vallsy"
33 E. Idaho
Meridian, Idaho 83642
888-4433 .
.~..- -- ~., --- a
AGREEMENT
THIS AGREEMENT, Made and entered into this ~ day of
September, 1995, by and between JOHN O. OTTER and JUNE S. OTTER,
Co-Trustees of the JOHN V. and JUNE 8. OTTER TRUST under Trust
Agreement dated October 8, 1991, parties of the first part,
hereinafter called "Sellers", and the CITY OF MERIDIAN, IDAHO, a
municipal corporation of the State of Idaho, party of the second
part, hereinafter referred to as "Buyer",
W I T N E S S E T H:
WHEREAS, Sellers are the owners of certain Heal property
situated in Ada County, Idaho, more particularly described in
Exhibit "A", which is attached hereto and incorporated herein as if
set forth in full, and have agreed to sell the real property to
Buyer; and
WHEREAS, Buyer has agreed to purchase Sellers' above described
real property; and
WHEREAS, irrigation water is provided to the property owned by
Sellers by the Nampa and Meridian Irrigation District, which acts
as agent for the United .States Bureau of Reclamation; and
WHEREAS, either the Nampa and Meridian Irrigation District or
the United States Bureau of Reclamation, or both, have notified
Sellers as the landholder with the Nampa. and Meridian Irrigation
District, that Sellers have been assessed compensation charges
because, allegedly, Sellers received project water without proper
AGREEMENT, Page 1
forms on file complying with the Reclamation Reform Act of 1982;
and
WHEREAS, Sellers have protested this assessment; and
WHEREAS, Buyer has no present knowledge, information or
interest in the assessment and desires not to be involved in it
whatsoever; and
WHEREAS, Sellers have tenants which have leased the
agricultural portifln of the property who have their own well
equipment on the property and another tenant that has leased the
house on a month=to-month basis for a period of years; and
WHEREAS, Sellers have personal property stored in some of the
outbuildings on the property,
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE SELLERS
AND BUYER AS FOLLOWS:
1. Sellers shall pay the alleged assessment due in the full
amount that is claimed by the United States Bureau of Reclamation
or the Nampa and Meridian Irrigation District, and Sellers will pay
all costs and expenses related thereto, including any attorneys
fees, costs and interest assessed at the time of closing of the
sale, and shall be responsible for and' shall pay any further
assessments which arise, or arose, during the time that Sellers
owned the real property. Additionally, Sellers shall indemnify
Buyer for all expenses, costs, or attorneys fees that Buyer may
incur that relate to the time period that Sellers owned the real
property.
2
2. That the City of Meridian will be the owner of the
property after the closing of the sale between the Sellers and the
Buyer, and in the event that the United States Bureau of
Reclamation or the Nampa and Meridian irrigation District refunds
any portion of the assessment that has been paid by Sellers, Buyer
shall forward any sum received form the United States Bureau of
Reclamation or the Nampa and Meridian Irrigation District to
Sellers within twenty (2®) days of receipt thereof. Further, Buyer
shall be responsible for, and pay all Bureau of Reclamation or
..Nampa and Meridian Irrigation District assessments and water
charges which are made against the real property after the date of
closing.
3. That it is understood between the parties hereto that
Kenneth L. Aschenbrennes and Sharon Aschenbrenner, husband and
wife, are the owners of the irrigation pump, including the switch
gear, piping, fertilizer tank and all other appurtenances relating
to the irrigation well on the premises and that it is not sellers,
and that their lease is being assigned to Buyer.
4. That it is further understood between the parties that the
Sellers have certain personal property stored in some of the
outbuildings on the premises. It is agreed that the Sellers shall
have until March 1, 1996, to remove all of the said personal
property from the premises.
5. That it is understood that Owen Bartlett, a single man, is
presently leasing, on a Month to month basis, the house and
3
outbuilding on the premises. It is agreed that Owen Bartlett has
the right to continue leasing said house, as he has in the past.
DATED: This ~~day of September, 1995.
SELLERS:
v
O N V. OTTER, Trustee of the
NN V, and JUNE S. OTTER TRUST
dated October 8, 1991
-~
NE S . OTTER, Trustee • of the
JOHN V. and JUNE S. OTTER TRUST
dated October 8, 1991
BUYER:
CITY OF MERIDIAN
B
GRA T P. KINGSFO D, yor of the
CITY OF MERIDIAN
By
WILLIAM G. BERG, JR , C ty.Clerk
of the CITY OF MERIDIAN
AGREEMENT, Page 4.
STATE OF IDAHO )
ss.
County of Ada )
On this Z ~ day of September, 1995, before me, the
undersigned, a Notary Public in and for said state, personally
appeared JOHN V. OTTER and JUNE S. OTTER, husband and wife, known
to me to be the Trustees of the JOHN V. and JUNE S. OTTER TRUST,
and known to me to be the persons who executed this instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
GZ~~
Not Public for Idaho
Re ing at Boise i Idaho ( ,7 y,y.
My Commission Expires:~_
STATE OF IDAHO
~ ss.
County of Ada )
On this 2~P~~ day of September, 1995, before me, the
undersigned, a Notary Public in and for said State, personally
appeared GRANT P. KINGSF.ORD and WILLIAM G. BERG, JR., known to me
to be the Mayor and City Clerk respectively of the City of
Meridian, Idaho, who executed this instrument, and acknowledged to
me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in th3~s certificate f first above
written. ~ ~ _
N ry Publi for Idaho
iding at ~ Idaho
Commission Expires: 3't 7 4F
AGREEMENT, Page 5.
-~
ASSIGNMENT OF
REAL PROPERTY LEASE
THIS ASSIGNMENT, Made and entered into this ,~~1~.=. day of
September, 1995, by and between JOHN V. OTTER and JUNE 8. OTTER, as
Co-Trustees of the JOHN V. and JUNE 8. OTTER TRUST under Trust
Agreement dated October 8, 1991, hereinafter referred to as
"Assignor", and the CITY OF MERIDIAN, IDAHO, a municipal
corporation of the State of Idaho, hereinafter referred to as
"Assignee",
FOR VALUABLE CONSIDERATION, the receipt whereof is hereby
acknowledged, Assignor does hereby sell, transfer, set over, and
assign unto Assignee, all of Assignor's right, title and interest
in and to that certain REAL PROPERTY LEASE, dated September 12,
1978, as extended, and all proceeds therefrom, executed by KENNETH
L. ASCHENBRENNER and SHARON ASCHENBRENNER, husband and wife, in
favor of Assignor, /
This Assignment shall be effective as of the ~6 day of
September, 1995.
This Assignment shall inure to the benefit of, and be binding
upon, the heirs, personal representatives, successors and assigns
of Assignors'.
ASSIGNMENT, Page 1.
IN WITNESS WHEREOF, the Assignor hereto has executed this
Assignment on the day and year first above written.
ASSIGNOR:
J N V. OTTER, Trustee of the
N V. and JUNE S. OTTER TRUST
dated October 8, 1991
--~~
JANE S. OTTER, Trustee of the
JOHN V. and JUNE S. OTTER TRUST
dated October 8, 1991
.•~
r~
ASSIGNEE:
CITY OF MERIDIAN
B
G P. KINGSF R , M of the
CITY OF MERIDIAN
By
WILLIAM G. BERG, JR , ity Clerk
of the CITY OF MERIDIAN
ASSIGNMENT, Page 2.
STATE OF IDAHO )
ss.
County of Ada )
~~ //__ l'~
On this ~o day of September, 1995, before me, the
undersigned, a Notary Public in and for said state, personally
appeared JOHN V. OTTER and JUNE S. OTTER, husband and wife, known
to me to be the Trustees of the JOHN V. and JUNE S. OTTER TRUST,
and known to me to be the persons who executed this instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written. ~--~
~i`~~~
No~,i Public for Idaho
Re ding at Boise,_Idaho
My Commission Expires: 3-/7- ~'9'
STATE OF IDAHO
~ ss.
County of Ada ~/ )
On this 2l~ day of September, 1995, before me, the
undersigned, a Notary Public in and for said State, personally
appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me
to be the Mayor and City Clerk respectively of the City of
Meridian, Idaho, who executed this instrument, and acknowledged to
me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in t ; ~ certificate first above
written. ~' ~
Nod y Public .for Idaho
R iding at , Idaho
My Commission Expires : ,3 ~ ~' 99
ASSIGNMENT, Page 3.
.,
• •
s:E,~L Ptit,t""'~t`I"r L~ ;=E (/Betr:een
l
•
(t..! D
TI{I$•~.t1•GRrE _~i.T~r~ lade ani
1918, by and betr:een JOIi:'! V.
of Boise, ~'.ua County,.•Idr:ho,
I~I'IlEiI: L. t`.SCIi'~ri;..3E11:;L':? and
i•Ie:idian, Id~.ho, hereinafter
i1~111C'i V. Urlv~r~j;
JUTE S. 0`1"rrR
hucb;. yid ..:r-a wife
906 i'.c~u:~tc,n iibr'1li
Boise, Ia~.tlio oj7U4
L' ESSORS,
X
I:.r'.il'r'.'iI L. ;~:;CIi''~rl~?.8:2;,iII~!?:i2
Sli;':R~ld ~.~CiiEi~l?'.:.2E1(iili,i2
hu~::•~:.n.1 ~..nu. r:ife
1205 '.J. i~"rr.r~l_l:i.~i iZOC.l:i
ileri Cli.::n, I~:aho
?,LSSLS
3 er.trred into this ~1 f~as~;y of Sentc~aber,
OTTM~R and JUilE S. Cr`T'ER, husband ~:.~n:.. ti;ifc,
hereinafter referred to as "LessorE", cnd
^T-P~;^•• =^ and crife, of
SI.1-Rt:~I! ASCLi:...~_ x,i,I;_,:2, husi~'=.nd
. .d
referred to ~s "Lessees."
19 I T id E S SETH
..
Lessors, for ~•nd an consideration of •he coven:.nts. ~,nd at;ree~.t~nts
hereinafter 'set fort:~ on the part of the Lessees to be kept and per-
formed, do i:ereb;~ lefle to file Lessees the follot•:ink-described premises
situated in Ada ;;ounty, estate of Idaho, to Brit;
The EF-st half of the Southi~rest f~uarter of Ll~e Snuther-st t?uarter
of Sect_ou ;6 '1'o~nsh•_p ~~ 1'lorth of ~:an ~ 1 '.+est, Boise sieridiun,
i.n f~da Cc.unt-.-, I(ial',:, ~:r:d tl~e 4outhe: s1: ;,ur~.rt.er ~~f t;_e Sr)utl,east
' C;~uartsr of ~ec~z.::n ;i:, ''o:^ns:yin 4 Iicrtl:, L_n~.c 1 ~,Ies~;, a::ise
Meridian, I;YCEPT': (; thy'"ef= ot1 2-1/2 acres of lard ir.' ,.lk:r= ~Iorth-
east Coiner, y~CIbPT ditc'r. <<n•a road rif,hts=of-cr;.y rnn E::CEPTI'G
and ?~ S Ei+;sJ~!:?G:
Residence r..nd :rd jacent outbui' di nos, includinc;• h;.lrn,
bunl.house, ~~.r^.;;e and shop, and ~:urroundin~ Grounds in
the Southeast Corne_ of the property which is ~epurately
irriE;ated fro:a cl:e farra 1«nds'. ditci~es.
-1-
1. 'i'~L~i•1 :i1~ L::,,1~.~:,: ~l'irZ.^, lca~e i~ for l,:;e p•:ri.od :~t' one (1)
year LeGinnin~ on l: he: l~~t clay of Decc::rUcr, 1~?7u, ~:ncl erruin;:, on ttrc
jOth da-; of ITovcrrber, lc~•.'c;•
2. T;?E LES`'ErS G(J~?rE :.S :'CLLO".S:
a. To ~~~.:y to tiLE Ler;sors i;he :.•u,n :.f ~~,a~:C.C)U c~,.-1i rent
for said nrei:iises, sHid rer:tr:cl to bo paid on or 'uef'~~re Dec. 1,
~, 9 '
1;', '.
b. ghat t::c:,y Hill op^rate the f~.r:7 in c:n efficirnt .~.nd
hush::nr-like ~::ay, 3oint* n? oe~in~-, :=eed'_~°r;, ci.ltiv:tinf~ ~.nd
harvcztin~; in r. :?L.nner ti'.~t trill conNerve t' e property.
C • T11-it ~.~tigp ~i 11 U:: !? d] ~. _v.•r~r11_r to 7••rgV!!'1t r:n~,_i .~!~F. ;'!eed~'
frocr ~:oinL to seed on tl:e ;.rri a.^.d Brill destro~~ t?=e or..re, ~~.nc?
Trill keep tl,e creeds wnd truss cut or destroyed on t':Le fields
and ditch b~.nhs. !till crith t':e object of having less of a Breed
uroblern each sv.cceeciin~ year. ,Cost of creed chemicals to ire
borne by +.lie ?~e: see. ~~
d. '_hcct i,essees :.ray Trot assign t}:is ler.::e or sublease tre
Tronert~r or rent pasture to others °:ith..ut the ?prior crritten
aparoval of ~l~e Lessors.
3. THE LES"ORS !.GZyE aS FOLLO'~.'S:
~ a. Th~.t they Brill ,retort? the Lessees peaceful possession
of the prer::ises during i.he term hereof so long as t1Le pay-
ments e.re rrrade and the other covenants of the Lessees are
per f or :red.
b. That tl:~y x'.11 gray all taxes ~..na irri.rati.on :eater
assessr:rents levied anti assessed ra~ai nst the 1t~ove-described
reel propert;~.
c. That they mill furrLislL all necessary materials re-
• quirecl for nerr~::nent repairs and improvements of pipelines
and structures. .
• 4. T1Le Lessors reserve t1Le riti~lit to enter upon the farrn rLt any
time for the purpose of rral:inp?; repairs and improver::ents, and for any
other reasonable purpose•
-2-
5. If the lessors should cell or: othei•~•~ir=e transfer title to
the f~rrz, they Brill ~do r.o sub,jec~t to the pro:•i::ions of 1;hi: le~::e.
6. It is mutually ar;reed t.:.it this lea:: a :•(ill be ~..uturnati.call,y ,~
rene:~ed frora yo.•zr to year ti•:it}r~,ut either p;.:rty Oivin;; notice to the
other. I?o:vever, it carr be ter:::inuted..~t the en~l of nny lease ,yLar
by either p.;rt* ~,i~;i:~~ ~~ritter. nct~.cc •to t}:~.:• o~.her at least ~~O d~iys
prior to the 1Io~/.~~~her ~Uth errciing• of tae leua;e year. Rfter n,~tice
of terrzinutS..;iY, Les::or :hull hr.we pussesrior-, of the lua:3 as soi~n as
crops ~:~s•e h~svested.
L./~f
.~
~ Jdhn V. Otter
•
• f , . ~..j..._. ~ ~
~~
•June S. Utter
..
rr~tn~~a ~ 1~ .. ;;1 `~1~'
'~• '; ~ LESSEES
';:r • ~
N i Kenneth L. I+sclienF~re^ner
' v -.. /
.,~,~! ,. > X 1
~.3 1 `
\.,
~' .
.`a.•t
r~ a Sharon ;.t:clienbreriner
a ~~ ~ ~ .
,, ;' s;: ~uk--ter ~, ~C. % . /~
,~,
~~ .
~-'
~jj~
~ . -~
. ~ri~ ~ o ~ ~h. ,~ der a~~ 7
Y ~~ ~ ~~~~~ ~~-~~" ~ y
~., ~ _
~~
+~:~.:
~ ., r ~ ~. ~~ /9 J9'
.'t ~t~'
v iAAlMfI• •~~~ °' 1
v /
~,...
~e-u{,..~-~~
~~ /
• !/ ,/~ ~i-/-~~ fC.., ~~".l..~L.r~ its
ti
l _A'
L. ~~ r . `~ ~ f tom--. ,~--
n
~ ~ ~ .
~y` ¢ .`
-- ~
/ J ~ s-G. vLC.
~~ ~ a .. !
/.~ / ~_~~ ~ ! / f /
.~ .~
~ .~ .
(
:_1~ --
~~ / C./
S .I
~hv ~GG L.~-'~c~ ~ ~-c~v ~~ ,~J 7 lam'
~ •~. )
;,
~.
d 1 ~: ~~ a ...= ::vJ ~7`-' /.~ ..r .'ys T i s~ ~.~..,/ ~.~ r~ / ~-br~: ' 1-, /t: 6:- P~
i'Pu= !~.%a:.7 Jl,~'~ ~ ~( ~~ iii J 4~ ~~
,~ ,.
it -~~_
.a
SUPPLEMENT TO REAL PROPERTY LEASE BETWEEN JOHN V. & JUNE S. OTTER ADD
KENNETH & SHARON ASCHENBRENNER ENTERED INTO ON OCTOBER ~/1~ 1988.
IT IS MUTUALLY AGREED THAT:
1. The original agreement, entered into on Sept. 12, 1978 as amended
to date shall remain in full force and effect.
2. That agreement is continued until Dec. 1, 1989 on the basis of
rent of $ ~~~ ! c5 ~
..~
~a
THERE IS ADDED BY MEANS OF THIS SUPPLCMENT, THE FOLLOWING ADDITIONAL AGREE_
MENT RELATIVE TO THE IRRIGATION WELL DRILLED AND PUMP INSTALLATION MADE IN
AUGUST 1933 AND PUT IN SERVICE ON OR ABOUT AUG. 3f 1988.
1. The Lessor provided the well, complete with casing, screens and
gravel packing at his own cost and expense. Title to the same is
accordingly vested in the Lessor.
2. The pump and e]ectric motor complete with motor starter and switch
gear was provided by the Lessee at his own cost and expense.' Title
to the same is accordingly vested in the Lessee along with right
of its removal from the premises upon termination of this agreement.
s'.
3. In addition to rental on the land, provided for in the original
agreement as amended to date, Lessee agrees to pay rent on the well
and for water produced therefrom, at the rate of $1,000 per year,
payable on Dec. 1 of each year.
4. Lessee shall bear the cost of maintenance and operation of pump
installation including power and save the Lessor harmless from any
claims arising therefrom.
5. Pump house, if and when constructed, will be at the expense of the
Lessor and not removed from the premises upon termination of the
lease agreement.
,,,
• LESSORS:
.~
~..~ 1i ~
ohn V. Otter
JU S. Otter
Witness
LESSEES
/( -~ sYCr~.,C~~.~..., ,
Kenne h L. Aschenbrenner
l~/ rv~~/
Sharon Aschenbrenner
Witness
~ti..:
~wN
_ ~ o
I ~ ~' ~~U
l~'~~'~
~~
i ~
~w~+~
'~Gv
i-..<<
~~
~~ ~~ ~~~- emu., ~~/
. ~ ~,~~~
j ~~ y / /
~' 1~
. ,.
~~,,,,, ~z C:... . ,..
~~ ~ ~i ~-
.~, !,~ _ J ~ 1~_r mot..
-~: ,-
/G /~ ~ ~ /~~ , •~~ S-~I,..I~ ~~i Jam- -/
C~ t: ~ 6(~
• ~ ,~~ .
.~ ~ Qa G, /, ~9s~
~i-~~- y~ ~ ~ ~~ -rte
~~ ~
G-w ~ ~~'.^.~
....
[}(-, J ilk. ~ / /~~~~
G~~~ ~~ ,.~~ ~ i
,~ c~ti
G~ ~G~
~~ 2~~
U
.a
~>
t
August 15, 1995
SUPPLEMENT TO REAL PROPERTY LEASE made and entered into
by and between JOIiN V. OTTER and JUNE S. OTTER, "Lessors",
and KENNETH & SHARON ASCHEN(3RENNER, "Lessees", entered
into September 12, 1973.
The original lease agreement between the parties is dated
September 12, ]97a and has since been extended by endorsement,
from year to year, the latest endorsement being Nov. 18, 1994,
which specifies:
"This agreement is extended to I~ec. 1, 1995 ors
L•he same basis as ].asL• year, $5,500.OU cash r.ent."
WHERE AS, the Lessees crop rotation plan calls for growing
sugar beets on the entire leased property in the 1996 season,
and,
..;
. ~ .d
WHERE AS, it is necessary for him to begin extensive prep-
arations including soil processing, weed eradication, etc. as
early as possible this fall and,
WFIERE AS, A]1 crops produced on the land under the 1995
lease have now been harvested and,
WHERE AS, payment has now been made by the Lessee to the
Lessor, in full and final payment fir the 1995 rent in the
amount of $5,5UO.OU ,
it is mutually agreed that the Uec. 1, 1995,
due date, established in the Nov. 18, 1994 lease extension, for
payment of the annual rent, is cancelled and no longer in force
and effect: •
Further, the original lease
the 1996 crop year, now defined
and extending to ten days after
have been harvested or December
at which time the annual lease
and payable.
agreement is extended through
as beginning August 15, 1995,
the, last of the 1996 crops
1, 1996, whichever is earliest,
payment of $5,500.00 shall be due
C~P~(
.'
' LESSORS:
Jol n V. Otter .
w ~.~ii cf/
June S. Otter
••~-
LESSEES: ~a
~~~
Kennel L. Aschenbrenner
~ ~(~
Sharon Aschenbrenner
STATE of IDAHO, COUNTY OI' ADA
On this 15th day of August, 1995, before me, a notary public in
and for. said State, personally appeared John V. Otter, June S. Otter,
Kenneth Aschenbrenner & Sharon Aschenbrenner, known to me to be
' the persons whose names subscribed to the within instrument, and
acknowledged to me that they executed the same.
Notary Public
Residing at 17b ~S Idaho
Commission Nxpires ~ ~/ U d~ 7 ~O O
C~Op~
ITY OF MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
c;ustomer's !1~ , ~~ ~~ y y
Order No. Date /~
Name din ~J' ~~6~-2nh~,
/f,,
Address ~ e/YG~/~!L ~""QG~i
%GUQ~.~- ~~ T/3~¢'~i Phone: ~Ur/'~~~UD
SOLD BY
~ CASH C.O.D, CHARGE ON ACCT. MDSE. RETD.
~ • PAID OUT
~~
~
,'`L~- ~ ' -.~~ ~~~~~-
l.I, ,~
l~f~~ ~o
6+~ilt. ~1~~
/~W Ce2~- o~ GGdf7t-~~ ~ di
n. _~ tee, ~S 5~.
D - 2~- 70~~5
I
c~~s58s I
I
I
I
All claims and returned goods MUST be accompanied by this-bill. TAX I
0 0115 3 4 Becei TOTAL ~ ; ~`;`J
' - GS-2~2-2 JJ'''' PRINTED WITN
PRINTED IN U.S.A. a~JSOYINK,.
~J6a„~,~~,,,
may, r KENNETH ASCHENBRENNER
( e~~ I " SHARON ASCHENBRENNER
`~ 4990 N MERIDIAN RD 888-3580
4Q MERIDIAN, ID 83642
oa
i-
PAY TO THE
ORDER OF Z,4j~
5585 ~
92-372/1231 3615
DATE ,v 9 6
I $ 5~ ~ o a ~,~ II..
se~~,uv la~~~~~~ r
DOLLARS ~ 'oai:°: o~~ ee~x. I
bank.
UBankm24Hour Phone Banking ,
1-800 US BANKS rOrj~ ~J
FOR r ~~ ~ i6:. ~+ - -~ ~
~:L23~03729~:1533002L332611' 5585
® w.a~ANo
~~~
NQV2~1997
UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
ADA COUNTY FSA OFFICE
30 E. FRANKLIN RD. STE. 70
MERIDIAN, ID 83642-2905
(208) 888-7326
November 10, 1997
CITY OF MERIDIAN Farm Number 2649
MERIDIAN, ID 83642
Dear CITY OF MERIDIAN:
You are listed_as_either an Owner_o_r a_Producer on a_Production Flexibility
Contract (Form CCC-478) for the Farm Number shown above. For FY 1998, the
Contract shows the following Crops, Producers, Producer Payment Shares, and
Advance Payment Flags:
1998 ADVANCE
PAYMENT PAYMENT
CROP PRODUCER SHARE FLAG
WHEAT KEN ASCHENBRENNER .0000 N
CORN KEN ASCHENBRENNER .0000 N
BARLEY KEN ASCHENBRENNER .0000 N
The contract shows the following crops and shares are UNDESIGNATED:
WHEAT 1.0000
CORN 1.0000
BARLEY 1.0000
Please review the following Attachments for information concerning the Farm
Program and instructions concerning the above share information.
Sincerely,
s/ TERRY P. HENDRIX
TERRY P. HENDRIX
County Executive Director
ADA COUNTY FSA OFFICE
Enclosures - Attachment A and B
CITY OF MERIDIAN, Farm Number 2649
ATTACHMENT A
INFORMATION FACT SHEET
FARM SPECIFIC CROP and SHARE INFORMATION
The enclosed letter provides specific information about your farm. If all FY 1998 shares are
designated, asterisks will print under the UNDESIGNATED section. If any of the shares are
shown as UNDESIGNATED, the CCC-478 must be revised if someone is entitled to that payment
share for 1998. Please review the information on the enclosed letter carefully. Contact
this office immediately to arrange for revising the CCC-478 if any changes should be made to
payment shares for 1998.
An Advance Payment Flag of "D" indicates an Advance Payment has been requested to be issued
on December 15, 1997. An Advance Payment Flag of "J" indicates an Advance Payment has been
requested to be issued on January 15, 1998. An Advance Payment Flag of "N" indicates an
Advance Payment has NOT been requested for FY 1998.
If you do NOT wish to change your Advance Payment Flags listed on the enclosed letter, you do
not need to complete__the_enclosed .ADVANCE_PAYMENT_REQUEST FORM._ _If you_,want_to change your
Advance Payment request, complete the enclosed ADVANCE PAYMENT REQUEST FORM by checking the
applicable box and returning it to the county office. The ADVANCED PAYMENT REQUEST FORM must
be received in the county office no later than:
* December 1, 1997, if the advance payment is to be issued on December 15, 1997
* December 31, 1997, if the advanced payment is to be issued on January 15, 1998.
AMTA FARM PROGRAM INFORMATION
The statute provides that advance payments may be issued on either December 15 or January 15
and final payments will be issued by September 30 of each fiscal year. We have no authority
to issue advance payments after January 15 of each fiscal year. In order to receive the
advance payment for fiscal year 1998, all producers sharing in the contract payment on the
farm must sign the contract designating payment shares and provide supporting documentation,
if applicable; and request the advance payment, no later than:
* December 1, 1997, to receive the December 15, 1997, advance payment
* December 31, 1997, to receive the January 15, 1998, advance payment.
All other producers sharing in the contract payments on a farm whose payment shares have not
been designated for fiscal year 1998, must sign a new contract designating payment shares and
provide supporting documentation no later than August 1, 1998, to be eligible to earn a
contract payment in fiscal year 1998.
Planting fruits and vegetables on contract acreage may adversely affect your program
benefits. Please contact this office before you plant or lease land for fruit and vegetable
production to discuss acreage reporting requirements and payment consequences.
To be eligible for program benefits, you must obtain at least the catastrophic level (CAT) of
crop insurance in all counties for each crop of economic significance in which you have an
interest or, sign a waiver that waives any eligibility for emergency crop loss assistance in
connection with the crop(s).
Additionally, you are required to report any activities or changes in your farming operation
that may impact your eligibility under Highly Erodible Land Conservation and Wetland
Conservation provisions and Payment Limitation and Payment Eligibility provisions. Such
changes include, but are not limited to, a change in the structure of your farming
operation. Contact the county office if you need additional information.
ATTACHMENT B
UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
ADA COUNTY FSA OFFICE
30 E. FRANKLIN RD. STE. 70
MERIDIAN, ID 83642-2905
(208) 888-7326
*** ADVANCE PAYMENT REQUEST FORM ***
You ONLY need to complete this form if you want to CHANGE a previous request.
INSTRUCTIONS: If you are NOT listed on the enclosed letter as receiving a Payment Share for
FY 1998, do NOT complete this ADVANCE PAYMENT REQUEST FORM. The Advance
Payment Flag only applies to Producers receiving a Payment Share.
If you are listed on the enclosed letter as receiving a Payment Share for FY
1998 and you want to leave your request unchanged, you do NOT need to return
this ADVANCE PAYMENT REQUEST FORM to the county office.
If you would like to change your previous request, please indicate your
preference below. Print your name below as it is shown on the enclosed letter
and enter the Farm Number(s) from the enclosed letter(s). Sign, date, and
mail or deliver this form in time to reach the' county office by:
* December 1, 1997, if the advance payment is to be issued on December 15, 1997.
* December 31, 1997, if the advance payment is to be issued on January 15, 1998.
If you request an advance payment NOT be issued, the entire FY 1998 payment
will be issued by September 30, 1998.
I receive a Payment Share on the Farm Number(s) indicated below and request my Advance
Payment for FY 1998:
Farm Number(s)
be issued on December 15, 1997.
be issued on January 15, 1998.
not be issued.
PRINT your Name
Signature
Date
x „ D~"if'L~~i
~Qt fly TY t~ECC~#?(3~ ~Z •.
~.~a~v+~ ~~~~~~~_
~fl15E, It~A~i~
199 NO 19 P#~ 1 ~ 4 3
LEASE AGREEMENT
RECORDED - RE4i,9iwST OF
~~
THIS AGREEMENT is entered into as df this ~'~day of ~Dlre~n~ef°",
1998, by and between the City of Meridian, a municipal corporation and government
subdivision of the State of Idaho, organized and existing by virtue of the laws of the
State of Idaho, hereinafter referred to as "City of Meridian", whose current address is 33
E. Idaho Ave., Meridian, Idaho 83642, hereinafter referred to as the "Lessor", and
Kenneth L. Aschenbrenner, an individual, whose current address is 4990 N. Meridian
Road, Meridian, ID 83642, hereinafter referred to as the "Lessee".
WITNESSETH:
1. LANDS RENTED: In consideration of the mutual promises and
covenants herein including, but not limited to, the rents to be paid and the services to be
performed by the Lessee, as subsequently set forth in this Agreement, the Lessor does
lease to the Lessee, and the Lessee does lease from the Lessor, the following real and
personal property located in the County of Ada, State of Idaho, more particularly
described on Exhibit "A", attached hereto and incorporated herein by this reference.
2. TERM OF LEASE:
This Agreement shall include all improvements and such water rights,
permits and licenses as are essential to the facilitation of the terms of this Agreement
now located upon or appurtenant to the described premises from the 1st day of
November, 1998, to the 31 st day of August , 1999.
3. POSSESSION: For the lease term, Lessee shall be entitled to
commence possession upon the date this Agreement has been executed by both the
parties hereto.
4. RENT: Lessee covenants and agrees to pay $5,300.00 rent for said 53
acres of the property, due and payable on the 31st August, 1999.
LEASE - 1
5. DUTIES OF LESSOR: Lessor covenants and agrees with Lessee as
follows:
(a) Lessor will provide to Lessee the above described land and
improvements thereon. Lessor shall be responsible for the payment for the land and
the payment of real property taxes and other expenses related to providing the land for
the Lessee's use.
(b) Lessor will provide to Lessee the use of water for the purpose of
watering the premises under the water rights appurtenant thereto. All water
assessments shall be paid during the term of this Agreement by the Lessor.
(c) Lessor shall not be obligated to pay any portion of the production,
harvesting, hauling, storage, marketing, or other costs associated with the crops
produced on the real properly.
(d) Lessor covenants that, upon the Lessee keeping, observing and
performing the covenants of this Agreement to be kept and observed, the Lessee shall
peacefully and quietly possess and hold the premises throughout the term of this
Agreement without interruption from Lessor, his successors or assigns, and Lessor shall
defend Lessee's right of possession against such person.
(e) Crop insurance shall be at the option of Lessee.
(f) Lessor will perform all of the covenants of this Agreement in a
timely manner and as required by this Agreement and will hold the Lessee harmless for
any loss occasioned by the failure of the Lessor to thus perform.
6. DUTIES OF LESSEE: Lessee covenants and agrees with Lessor as
follows:
(a) Lessee will pay the rent herein reserved to be paid by him in
the manner herein provided.
LEASE - 2
(b) Except as otherwise specifically provided in this Agreement,
Lessee will pay all expenses and costs of operation arising out of the leasing, farming,
producing and harvesting of the crops to be grown upon the leased premises under this
Agreement.
(c) Lessee will farm the leased premises in a farmer-like manner.
(d) Lessee shall be responsible to maintain all irrigation ditches in
as good condition as they are at the outset of this Lease, normal wear and tear
excepted.
(e) Lessee shall pay atl electrical expenses for irrigation pumps
associated with the irrigation of the lease premises.
(f) Lessee will permit the Lessor, his agent or agents, to enter into
and upon the premises and each and every portion thereof at any reasonable time or
times, for inspection thereof and of the crops thereon or to make improvements on the
property.
(g) Lessee will perform all ofi the covenants of this Agreement in a
timely manner and as required by this Agreement and will hold the Lessor harmless for
any loss occasioned by the failure of the Lessee to thus perform.
(h) Lessee will quit and surrender possession of the premises upon
the expiration of said term and hereby waives notice to that effect, except as otherwise
specifically provided herein.
(i) Lessee shall not permit, suffer, or incur any mortgage or
encumbrance on the land herein demised or the improvements thereon.
(j) Lessee will return the land in the same condition as when taking
possession, normal depreciation excepted.
(k) Lessee shall maintain and provide the City of Meridian as an
LEASE - 3
additional insured for all premises liability in an amount not less than the amount
required by State Law (I.C. 6-926) to be carried to cover statutory liability of the lessor,
which is a minimum of $500,000.00 single limit for damages, costs and attorneys fees
on account of bodily or personal injury, death, or property, damage, or other loss
resulting from any one occurrence or accident. Lessee shall also maintain workers'
compensation insurance as required by State Law, evidence of such coverage to be
provided to the City Clerk by Lessee in the form of a Certificate of Insurance.
7. ASSIGNMENT OR SUBLEASING: Lessee may not assign this Lease,
sublease or underlet the demised premises without prior written consent of Lessor.
8. SALE OF LEASED PROPERTY: In the event Lessor shall sell the
above-described leased premises, or any portion thereof, during the term of this
Agreement or any renewal thereof, Lessor shall make said sale subject to all the terms
of this Agreement.
9. AUTHORITY TO LEASE: The Lessor hereby warrants to the Lessee
that the Lessor has full and absolute authority to lease the property hereunder and
hereby covenants and agrees to save harmless and indemnify the Lessee from all
claims of any kind including, but not limited to, attorney's fees and court costs arising
out of claims relating to Lessor's authority to lease this property.
10. DEFAULT: In the event either party hereto shall be in default under
the terms and conditions of this Agreement, the other party shall give written notice to
the defaulting party stating in what respect that party has failed to comply with the terms
and conditions of this Agreement. In the event the defaulting party shall fail to comply
with the terms of this Agreement so specified within 30 days after the giving of such
notice by certified mail, then and in that event, the party giving notice shall have the
option and privilege of immediately terminating this Lease and to seek damages.
LEASE - 4
11. ATTORNEY'S FEES: In the event either party defaults in the
performance or nonperformance of the terms of this Agreement and it shall become
necessary to resolve the default by any course of legal action, whether the same be
through litigation or by the intervention of attorneys, the party determined to be at fault
shall pay to the prevailing party reasonable attorney's fees and all expenses and costs
thus incurred.
12. NOTICES: All notices required to be given to each of the parties
hereto under the terms of this Agreement shall be given by personal service upon the
party to be given notice or by depositing a copy of such notice in the United States mail,
postage prepaid and registered or certified, return receipt requested, to the respective
parties hereto at the addresses hereinbefore stated or to such other address as may be
designated by writing delivered to the other party. All notices given by certified mail
shall be deemed completed as of the date of mailing except as otherwise expressly
provided herein.
13. RELATIONSHIP OF PARTIES: Under no circumstances shall the
terms of this Agreement be deemed to give rise to a partnership or joint venture
relationship between the parties and neither party shall have authority to obligate the
other without written consent of the other except as specifically provided in this Lease.
14. CONSTRUCTION: This Agreement is binding upon the heirs,
personal representatives, administrators, successors or assigns of the parties and
wherever the context uses the singular it shall include the plural and vice versa.
15. MANAGEMENT DECISIONS: Lessee shall manage the operation of
the above-described real property as a farming unit during the term of this Lease or any
renewal thereof.
16. SEVERABILITY: If any portion or portions of this Agreement shall be,
LEASE - 5
for any reason, invalid or unenforceable, the remaining portion or portions shall
nevertheless be valid, enforceable and carried into effect, unless to do so would clearly
violate the present legal and valid intentions of the parties hereto.
17. GOVERNING LAW: This Agreement shall be subject to and
governed by the laws of the State of Idaho.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
,~~~,~~„0~"""~j~r,,,Kenneth L. Aschenbrenner
A ST: ~~ ,.
r~
~.. ~~",
.fir
~ ~~L
ity Clerk ~ ,, ~,
:,
''i'V~ ~' 1St • ~~~
~~r'~ ~~ ,, ~~ l, L~P, t p M E N T
~'~~~a~a~ rits~+~~~~
STATE OF IDAHO )
as
County of Ada ~ ~)
On this '°"1 ~ day of ~~, in the year 1998, before me, the
undersigned, a Notary Public, personally appeared Robert D. Corrie, known or identified
to me to be the Mayor of the City of Meridian, who executed the instrument or the
LEASE - 6
person that executed the instrument on behalf of said municipality, and acknowledged
to me that such municipality executed the same.
v~.r~ .~
-~~~V~LOe~~sl.~. ,
OTA.R ~:
L ~ '
~, •
®.®
~d_ ~' U B LZG
°O ~ OF I~ :SS
°t`~d°Oy
- County o a )
r~
Nota ubli or Idaho
Commission expires: J. ~- ~~-,
On this ~ day of 1 U in the year 1998, before me, the
undersigned, a Notary Public, personally appeared Kenneth L. Aschenbrenner, known
or identified to me to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same.
ti Y
~.~ She
* '; ~° U B LZG .~
,~~~~~'~R1b~@~~' gl~~r.lse.frm
L1~-~~
Notary ublic r Idaho
Commission expires: C~C~
LEASE - 7
Legal description to be attached to Aschenbrenner Lease agreement
A portion equaling 53 acres of that certain parcel or real property the whole
of which is described as the E'/2 of the S.W. '/4 of the S.E 1/4 of Section 36.
Township 4 north Range 1 West, Boise Meridian and the S.E. 1/4 of the S.E.
'/4 of Section 36 Township 4 North, Range 1 West Boise Meridian, the
portion being excepted from the leased premises is the building site on the
South East Corner of the real property and the area occupied by the water
reservoir and facilities all of which is depicted on the Aerial photo map
attached hereto.
EXHIBIT "A"
~, ,. , ,r,~,,.
.-. - .rr; ,,,. ,
~ ;~
~ H~ k.~ .gr..: J ~
~ G'` j~f~ ~ ~~/
.'
~ ".
2v.~
`'a "
' '
t
~
g
~ '
:~.~~ .
.
.~
a
~
r,
~~ .
..
. .
.
R
~' x
J
t li ' i ~G.V ~ Q ^~ i'j~
~ + t, `F k. ~ P~
~
.. ,.
t, ~.
K .; '~'
~ ~ ~ i
~
~ ~
e
r~
.,
i l ~ ~"
t~ C~ ~
~,° ~
1 }
r . ~ ~°
l ~
3
,.
~. , .
~ ~ ~
~ ,wt
.~
r f,~l "~` '' x C'7 ~'v
if
7 ~L~~::
~. Ir «c.
I
~ ~~~~~,~~""F ;~~~~ .'eta}~~ 3 '~
.u.zyt.
.~1!
~j .
i
,x..
: ~
~ ~
y
ae- ~
"
~ _
p
~x ».
~ », ~ , : .. r a
~
}~ "`
t
'. . , -;
.' ~_~
•^ f
_:
.. :
s
t~~2 ~ ( ~•~ ~ , ~. ,~
` 1
~,
j !~
. 2 (
..
~ ~..: ~
.. ..
__ A
_~ ,.
.~,, _ ~~ ~
::._~'
~:3
~~
4