HomeMy WebLinkAboutLand Lease Agreement with C. Frank Johnson and Jean E. Johnson.,
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THIS LEASE, made and entered into this ,~Q day of ,
199?, by and between the CITY OF MERIDIAN, a municipality and political
aubdivision of the State of Idaho, hereinafter referred to as Lessee,
party of the first part, and C. FRANR JOHNSON and JEAN 8. JOHNSON,
husband and wife, hereinafter referred to as LESSOR, party of the
second part,
W I T N E S S E T H:
FOR AND IN CONSIDERATION of the rentals hereinafter provided,
and the covenants and agreements hereinafter set forth, LESSOR hereby
leases and demises to Lessee, for the term herein stated, the property,
described as the SW 1/4 of the NE 1/4 of the South 1/2 of Section
34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho,
and the SE 114 of the NE 1/4 of the South 112 of Section 34, Township
4 North, Range 1 West, Boise Meridian, Ada County, Idaho, comprising
of 38.75 acres, which shall be hereinafter referred to as the "leased
premises" for the convenience of the parties hereto.
This agreement is subject to the following terms and conditions
to which the parties mutually agree:
TgR~i: This lease agreement shall be effective from October
1, 1997, to October 1, 1998, subject to LESSOR'S right to terminate
the term. of this lease as herein below set forth.
RENTA,~I: As rental far the leased premises, Lessee agrees to
pay LESSOR, at the address hereafter provided for giving notice to
LESSOR, the sum of FIFTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
LAND LEASE AGREEMENT / CITY OF MERIDIAN AND
C. FR,ANR JOHNSON AND JEAN E. JOHNSON PAGE 1
($15, 500.00 ) for all parcels of ground described above, for a total
rental amount of FIFTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($15, 500.00) per year for the term of this lease agreement which shall
be paid on or before October ~_, 1997.
li0 RIG18T OF FIRST REFUSAL ON SALE s In the event LESSOR decides
to sell the above described premises, it is understood and agreed
that LESSOR must sell the property subject to Lessee's right to use
the property and it is understood that LESSOR has not granted to Lessee
a right to purchase the premises.
USE OF T~~ PRE1tI8E8: It is understood Lessee may use the
property to deposit, spread, till, plow, disc, or otherwise place
on, and/or into, the land and soil of the property municipal biosolids,
which are sewage refuse, and shall have the right to drive vehicles
on the land to place the biosolids on the land. It is agreed that
Lessee shall have no right to use any water or water right that may
accompany the land and that Lessee shall put the land to no use other
than as stated herein. It is further agreed that the land is, and
shall remain, fallow land.
!!'AINTE~CB Al~D REPAIRS : LESSEE shall be totally responsible
for all maintenance and repairs on the premises.
EZPSESt AlrD UTILITIES : LESSEE shall pay any and all
expenses of every nature accruing by reason of Lessee's use and
occupancy of the leased premises, except that LESSOR shall pay all
real property and/or water taxes, or assessments, that are billed
to or for the property.
D~TRUCTIO~i OR DA1t11t~E: LESSOR shall have the total risk of
LAND LEASE AGREEMENT / CITY OF MERIDIAN AND
C. FRANK JOHNSON AND JEAN E. JOHNSON PAGE 2
loss or damages to the leased premises.
EliIltElwT DO!(AIN: In the event that any governmental entity,
other than Lessee, shall take the premises by use of eminent domain
the LESSOR shall receive the value of the land.
IIiBURAy1CE A1RD IND81QtITY: LESSEE agrees that he will, and
he does hereby, indemnify and save LESSOR harmless from all claims,
judgments, demands or liability of any person or parties whatsoever
resulting from any occurrence, injury or accident which takes place
during the term of this lease agreement on or about the premises.
Lessee shall obtain liability, premises and on-premises medical
insurance insuring Lessee with LESSOR named as an additional insured
on the premises and any buildings located thereon, such policy or
policies of insurance shall have a minimum limit of $500,000.00.
Lessee shall furnish copies of all insurance policies to LESSOR and
all renewals thereof, and shall keep all such policies in a current
status.
~RKINATIOI~ OF TERM: As stated above in the paragraph ,
LESSOR may terminate the term of this lease if Lessee violates any
of the terms of this Lease; if the term of the lease is terminated
for the reason herein stated, LESSOR shall refund to LESSEE that
portion of the lease payment for the year, on a pro rata basis, for
the time period that LESSEE was unable to use the property.
T1lRM~~ATIO~i UPON DSFAULT: In the event of default of this
lease agreement the LESSOR shall give written notice of such default
to the Lessee by postage prepaid, certified mail. If the Lessee's
violation of the lease shall continue for thirty ( 30 ) days, the lease
LAND LEASE AGREEMENT / CITY OF MERIDIAN AND
C. FRANK JOHNSON AND JEAN E. JOHNSON PAGE 3
may at once be terminated by a second notice to the Lessee by postage
prepaid certified mail that the lease is terminated. This lease shall
terminate as follows:
a) At the expiration of the term provided herein;
b ) Upon determination of the LESSOR that the Lessee has
failed to observe any of the conditions, exceptions or
reservations or to fulfill any of the provisions set out
in this agreement;
c) At the option of the LESSOR on the discontinuance of
use of the leased premises by the Lessee; or
d) By the mutual agreement of the parties hereto.
• ~: y~_ i ;
a. Nothing herein contained shall be construed to create the
relationship of partners, joint venturers, or parties to any
joint enterprise in any manner between LESSOR and Lessee.
b. In construing this Lease, the singular shall include the
plural, and the neuter gender shall include the masculine and
feminine, all as the context may require.
c . In the event either party is required to institute any legal
action in order to enforce any of the rights, agreements,
covenants or conditions herein contained, the prevailing party
in such litigation shall be entitled to recover such party's
reasonable attorney fees from the other party, together with
costs of suit, the amounts thereof to be fixed by the Court in
such legal action.
d. The forbearance or failure of any party hereunder to give
prompt notice of default or termination of this Lease by reason
of any act, omission or occurrence, or to strictly enforce any
covenant hereof, shall not be deemed a waiver of any of the
provisions of this lease agreement as regards any other or further
such default or breach, act, omission or occurrence, nor shall
consent or approval of LESSOR given in one instance be construed
to waive the necessity for such consent or approval as regards
any other or further similar act by Lessee, unless such intention
be expressly stated in writing by LESSOR.
e. In the event any clause or provision of this Lease is
declared by any Court to be invalid or unenforceable for any
reason., such invalid or unenforceable clause or provision shall
not affect the whole of this instrument, but the balance of the
LAND LEASB AGREEMENT / CITY OF MERIDIAN AND
C. FRANR JOHNSON AND JEAN E. JOHNSON PAGE 4
provisions hereof shall remain in full force an effect.
f. All of the provisions hereof shall enure to the benefit
of and shall be binding ugon, the heirs, executors,
administrators, personal representatives, successors and assigns
of all parties.
ItOT_,,,_ ICEB: All notices hereunder shall be in writing and shall
be deemed given when personally delivered to the party, an employee
or managing agent in charge of the receiving party's business premises
at the time of service thereof, or when deposited in the United States
mail, postage fully prepaid, by certified mail, addressed to such
other party as follows:
NOTICES TO LESSEE:
WILLIAM G. BERG, JR.
CITY CLERK
33 East Idaho
Meridian, Idaho 83642
NOTICES TO LESSOR:
4t~ILT JOT BZ LSS$SE
C. FRANK JOHNSON and
JEAN E. JOHNSON
1510 W. Ustick Road
Meridian, Idaho 83642
Upon performing all of its duties
and obligations hereunder in accordance with the terms and conditions
of this Lease, Lessee shall be entitled to quietly and peaceably have,
hold, occupy, possess, and enjoy the leased premises during the term
hereof, without hinderance or ejection by persons lawfully claiming
under LESSOR.
~188~1iT ABD StJBI,RABE: Neither this lease agreement, nor
any interest in the leased premises may be assigned or in any manner
transferred by Lessee, without the prior approval of LESSOR expressed
LAND LEASE AGREEMENT / CITY OF MERIDIAN AND
C. FRANK JOHNSON AND JEAN E. JOHNSON PAGE 5
in writing.
IN WITNESS WHEREOF, this lease agreement has been duly executed
by the respective parties, the day and year first above written.
LESSOR:
CITY OF MERIDIAN, a municipality
and political subdivision of the
BY _
Ro Cowie, Mayor
ATTEST: ;`1`,`~;~<<~t~n~~iiie,,~~~~fer
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•`` ~~ ~` yy'y
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illiam G. Berg, Jr ty Cierk ~ ~.~ •'
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`''~,A~~NIJtNtI it1~t,,```4```~~
LESSEES:
C. Frank Johns
an E. Ja n on
LAND LEASE AGREEMENT /CITY OF MERIDIAN AND
C. FRANK JOHNSON AND JEAN E. JOHNSON PAGE 6
sTATE of IDAHO,
County of Ada,
ss.
On this ~ ~ da of ~~'~~ ~ ~'~~
'' y 1997, before me,
the undersigned, a Notary Public in and for said State, personally
appeared ROBERT D. CORRIE, Mayor, and WILLIAM G. BERG, JR. , City Clerk,
respectively, of the CITY OF MERIDIAN, a municipality and political
subdivision of the State of Idaho, known to me to be the entity that
granted the authority to the said individuals to subscribe their names
to the within and foregoing instrument in their capacity as Mayor
and City Clerk, and acknowledged to me that they executed the same
in the name of the CITY OF MERIDIAN.
IN WITNESS WHEREOF, I have
official seal the day and year in
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(SEAL) ' ~ ~,pS~R~ "
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STATE OF IDAflO,)
ss.
County of Ada, )
hereunto set my hand and affixed my
this certificate first above written.
NOT Y;''pUBLIC FOR IDAHO
Re iding at Meridia , Idaho
Na~ta~y expires : ~~~ ~' ~ ~ ~'
On this ~- ~ day of ~ ~tiw. ~Y" , 1997, before
me, the undersigned, a Notary Public in and for said State, personally
appeared C. Frank Johnson and Jean E. Johnson, husband and wife, known
to me to be the persons who subscribed their names to the within and
foregoing instrument and acknowledged to me that they executed the
same.
IN WITNESS WHEREOF, I have
official seal the day and year in
(S~) = ~~7q~r
Y ~
* AUB LAG
LAND LEASE
C. FRANK J
hereunto set my hand and affixed my
this certificate first above written.
r
~,,,,y
NOTARY PUBLIC f~'OR LID1~,H0
Residing at l~-'~~~ ~w..~-
Notary expires : «1-~
Y OF MERIDIAN AND
B. JOHNSON
PAGE 7
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