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HomeMy WebLinkAboutLand Lease Agreement with Larry D. James, b/b/a L.J. Ranches~. LAND LEASE AG~RSEMBNT THIS LEASE, made and entered into this 17~day of ~CP/zt~'C'E'', 1996, by and between the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, hereinafter referred to as Lessee, party of the first part, and LARRY D. JAMES, b/b/a L. J. RANCHES, 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 NW 1/4 NW 1/4 of the NE 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and the SW 1/4 of the SE 1/4 of the SE 1/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, 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: TBRM: This lease agreement shall be effective from January 1, 1997, to December 31, 1997, subject to LESSOR'S right to terminate the term of this lease as herein below set forth. RENTAL: As rental for the leased premises, Lessee agrees to pay LESSOR, at the address hereafter provided for giving notice to LESSOR, the sum of THREE THOUSAND FIVE BUNDRED AND NO/100 for each parcel, for a total rental amount of SEVEN THOUSAND AND NO/100 per year for the term of this lease agreement which shall be paid on or before December 31, 1996. NO RIGHT OF FIRST REFUSAL ON SALE: 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 THE PRSMISEB: 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. MAINTENANCE AND REPAIRS:LESSEE shall be totally responsible for all maintenance and repairs on the premises. 8$PENSES AND 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. DESTRUCTION OR DAMAGE: LESSOR shall have the total risk of loss or damages to the leased premises. EMINENT DOMAIN: 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. LEASE AGREEMENT CITY OF MERIDIAN & L. J. RANCHES Page - 2 INSURANCE AND INDBI~iITY:LESSEE agrees that he will, and he does hereby, indemnify and save LESSOR harmless from all claims, judgments, demands and 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 or such other amount as LESSOR shall designate. Lessee shall furnish copies of all insurance policies to LESSOR and all renewals thereof, and shall keep all such policies in a current status. TERMINATION OF TERM: As stated above in the paragraph TERM, 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. TERMINATION UPON DEFAULT: 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 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; LEASE AGREEMENT CITY OF MERIDIAN & L. J. RANCAES Page - 3 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. OTHER NATTERS: 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 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 upon, the heirs, executors, administrators, personal representatives, successors and assigns of all parties. LEASE AGREEMENT CITY OF MERIDIAN & L. J. RANCHES Page - 4 NOTICES: 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: QUIET ENJOYMENT BY LESSEE: LARRY D. JAMES 2165 Dixie Creek Road Cambridge, Idaho 83610 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. ASSIGNMENT AND SUBLEASE: 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 in writing. IN WITNESS WHEREOF, this lease agreement has been duly executed by the respective parties, the day and year first above written. LEASE AGREEMENT CITY OF MERIDIAN & L. J. RANCHES Page - 5 i LESSOR: CITY OF MERIDIAN, a municipality and political subdivision of the jtl~ ~ ~ BY ~''~ .-C .. Ro D. Corrie, Mayor ATTEST: ,````j,-t -N t i N 11(1„f~~r'r .`~*``+,~~ ~ rr+r+++ ~J' ~ ` ~iYliam G. Berg, J~. , City Clerk $~L - ~~ ~ , Approved by the City Council 12-17 ~+9~. ~p~.``~ i,~~~, ~ ~ r rt, e ~ ~ `~~~~~ LESSEE: Larry J STATE OF IDAHO, ) ss. County of Ada, ) On this ~~'day of December, 1996, 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 LEASE AGREEMENT CITY OF MERIDIAN & L. J. RANCHES Page - 6 i 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 hereunto set my hand and affixed my official seal the day and year in this certificate first abq~te written. (SEAL) ^4444f R~~Nt1',p -... .. ~~ ~ Ci ~~ ~ ~a ~` -r,,,,.,,~,,~~ STATE OF IDAHO,) PUBLIC FOR IDAHO g at Meridian, Idaho expires : _ __D~~4J%'~ ss. County of Ada, k On this ~ day of December, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry D. James, known to me to be the person who subscribed his name to the within and foregoing instrument and acknowledged to me that he 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 abovewritten. (SEAL j ~~,`a,,vC'R 9cF''~* :~~ya~ ®~pTAF~y ~S G ~, ~~~; =, ~ .~ PUBLIC FOR~'ID O g at l~'' ~•.- expires: Oi LEASE AGREEMENT CITY OF MERIDIAN & L. J. RANCHES Page - 7 CITY OF MERIDIAN THIS NUMBER MUST APPEAR IN ALL CORRESPONDENCE. INVOICES. 33 E. Idaho Ave. SH PING PAPERS AND PACKAGES. MERIDIAN, IDAHO 83642 ~ (1~ ~EC~~r~~ PURCHASE ORDER N° 3818 L. J. Ranches 2165 Dixie Creek Road ' Cambridge , Idaho 83610 ~43~OF",~rRj~~y Wastewater Dept. DATE ORDERED 11 6 DATE WANTED INVOICE p TERMS EXPENSE a PLEASE ENTER OUR ORDER FOR THE FOLLOWING - TO BE SHIPPED AS DIRECTED. OTY. ORDERED DESCRIPTION UNIT PRICE AMOUNT Lease - N.W` Quater of N~W~ Quarter of the N.W . uarter Sec. 6 Tewnahi 4 North Ran e 1 We I Januar t 1 to December 1 1 I Lease S.W. u S E S E I uarter See 28 4 N r h 1 Wea F-~`~ _ Januar 1 1 D >e ~~r, ~; I ~ ,~ I ; : ~ i ~ j I I i i I ~ CONDITIONS GOODS ARE SUBJECT TO OUR INSPECTION AND APPROVAL. IF SHIPMENT WILL BE DELAYED FOR ANY REASON, ADVISE US IMMEDIATELY, STATING ALL THE NECESSARY FACTS. TO AVOID ERRORS NOTE SPECIFICATIONS CAREFULLY AND IF UN- ~ / BY -GC/ ~~.~(1/~~ v . ABLE TO COMPLETE ORDERS AS WRITTEN NOTIFY US PROMPTLY. PURCHASING AGENT M d' N h'~~ 0 at L i -; r"' ;,: .. s ~~ ~~ L: ~ v i~ a O „~, ~ Q Z ' ~ . ~Q ~ ~ ~ r. G iL• J r. 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