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HomeMy WebLinkAboutFarm Land Lease Agreement with Aschenbrenner, Kenneth Settler's ParkFARM LAND LEASE Parties: City of Meridian -Lessor Kenneth L. Aschenbrenner -Lessee 4990 N. Meridian Rd. Lessor owns the following described real property and hereby leases 53 acres of said property to Lessee: the E.1/2 of the S.W.1/4 of the S.E. 1/4 Section 36, T4N, R1 W, Boise Meridian and the S.E. 1/4 of the S.E. 1/4 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. Signed: Signed: Lessor: Robert D. Corrie - Mayor Lessee Attest: William G. Berg, Jr. City Clerk Approved by City Council 11-5-97 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 & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/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 Decrr Mr. Ascher>.brenner: O N I MEA~B tiR 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 an 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). Come: 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. Cowie: 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 Come: 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 Vatley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer's Order No._ Phone: SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT ~~ ~ ~ ~ ~ ~~pp ~~v <~ ~`~ ., I I I I All claims and returned goods MUST ,be ccompa by this b+~~. TAX ~ 0 0 6 5 8 5 Byceived ~ `~ TOTAL ~~sj~p G5 202 2 ~ PRINTED IN U.S.A. ~~~ AGREEMENT THIS AGREEMENT, Made and entered into this -~_~ day of September, 1995, by and between JOHN V. OTTER and JUNE S. OTTER, Co-Trustees of the JOHN V. and JUNE S. 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 real 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 portion 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. ~_ .~. ~~aae 2. 2. 'T'hat 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. Aschenbrenner 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 zonth to month basis, the house and AGRRF:MF.NT _ Parrr~ '~ _ 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: O N V. OTTER, Trustee of the HN 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. Paae 4. STATE OF IDAHO ) ss. County of Ada ) On this 2(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. GZ~2l~ Not Public for Idaho Re 'ding at Boise Idaho My Commission Expires: 3_~ 7-~`I STATE OF IDAHO ~ ss. County of Ada / ) On this 2~ ~~ 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 this certificate first above written. /~ ~Eiry Publi for Idaho iding at ~~ Idaho Commission Expires: 3'~ 7 4F AGREEMENT, Page 5. EXHIBIT "A" File Number. P141665 PARCEL I: THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (E1 /2SW1 /4SE1 /4) OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M.; PARCEL 2: THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1 /4SE1 /4) OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., DCCEPTING THEREFROM THE FOLLOWING PARCEL SOLD TO M.A. BEGAN: BEGINNING AT A STONE SET BY C.C. STEVENSON, COUNTY SURVEYOR, AT THE NORTHEAST CORNER OF THE SEi /4SE1 /4 OF SAID SECTION 36, RUNNING THENCE WEST A DISTANCE OF 743 FEET, THENCE SOUTH A DISTANCE OF 201 FEET', THENCE EAST A DISTANCE OF 743 FEET, THENCE NORTH A DISTANCE OF 201 FEET TO THE PLACE OF BEGINNING. PARCEL 3: A TRACT OF LAND SITUATED 1N THE SE1 /4 SE1 /4 OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M. (BEING A PORTION OF THE EXCEPTED PARCEL REFERRED TO IN THE DESCRIPTION OF PARCEL 2 ABOVE), MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1/4SE1 /4) OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., FROM WHICH THE NORTHEAST CORNER OF THE SAID SE1/4SE1 /4, A STONE, BEARS NORTH 89 DEGREES 53' EAST 460 FEET DISTANT; THENCE SOUTH 89 DEGREES 53' WEST, 283 FEET ALONG THE NORTH BOUNDARY OF THE SAID SE1 /4SE1 /4; THENCE SOUTH PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 36, A DISTANCE OF 201 FEET; THENCE NORTH 89 DEGREES 53' EAST, 283 FEET PARALLEL WITH THE NORTH BOUNDARY OF THE SAID SE1/4SE1/4; THENCE NORTH, PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 36, A DISTANCE OF 201 FEET TO THE PLACE OF BEGINNING. .. EXCEPT FROM SAID PARCEL 2THAT PORTION CONVEYED TO ADA COUNTY HIGHWAY DISTRICT FOR PUBLIC RIGHT-OF-WAY BY DEED RECORDED UNDER INSTRUMENT N0.9127819. AND EXCEPT ANY OTHER PORTION OF SAID PARCELS 1, 2 AND 3 LYING WITHIN THE RIGHT-OF-WAY FOR MERIDIAN AND USTICK ROADS. END OF LEGAL DESCRIPTION ASSIGNMENT OF REAL PROPERTY LEASE THIS ASSIGNMENT, Made and entered into this .~~ day of September, 1995, by and between JOHN V. OTTER and JUNE 8. OTTER, as Co-Trustees of the JOHN V. and JUNE B. 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 ~ ay 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: v J N V. OTTER, Trustee of the N V. and JUNE S. OTTER TRUST dated October 8, 1991 .y,-~.~ J E S. OTTER, Trustee of the JOHN V. and JUNE S. OTTER TRUST dated October 8, 1991 .•~ ,~ ASSIGNEE: CITY OF MERIDIAN B G P. KINGSF R , M of the CITY OF MERIDIAN BY WILLIAM G. BERG, JRO,~ity Clerk of the CITY OF MERIDIAN ASSIGNMENT, Page 2. STATE OF IDAHO ) ss. County of Ada ) ~~ //~ C'~ 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. No y Public for Idaho Re ding at Boise,.. Idaho My commission Expires: 3-/7` 9`~' STATE OF IDAHO ~ ss. County of Ada ~ ) On this 2(D 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 th;~ certificate first above written. ~ 1 Noy Public .for Idaho R iding at Idaho My Commission Expires : ,3-/ 7- 99 ASSIGNMENT, Page 3. X (Bete:een •~ 7• r~ir.irF•.. JU1`P. S. 0`1"~rR hucbc-id .and crifc 906 I',ru: tc,n iio~u Boise, Idaho oj7U4 L'1;SSCiZS, t,.?D I:.r'li'T:'.'iI L. riSCII~:rlii`~3i~??I.n~.R S1i:1RLlf ~:?Ci;i:,Pf?::.~E1fI?I~.it hu~u:::n.i r..n~. r=ife 1205 ;{, zr;..nl:liii i36~.u ;Ieri dir:~n, Ic:alio LLSS~?S T{{h$'.~:•A•GRrE ^~??`P, {ode acid er.t~;red into ttsis ~'l f~da;y ~f Sentoi:~ber, 19^8, by ~_nd bets:een Jc;Ii:'I V. OTTs.R ~znd JUiIE S. CT`i'~J4, husb:nd ..~n~.. tirife, of Roise, ~',ua Count;;~,.•Idc:loo, hereinafter referred to as "Lessors", and I~I'I{EiII L. P.SC?;'~ri;..3E11::E:', ~:nd SIi'~Ri:III aS~t;,,-~,"" 'IT'i2, husi~~=.nd ~ nd cafe, of J •J ~~. L'. ::Jr~ ~:J~ • ~ Id i•le=idian, Id~.ho, hereinafter referred to ~ s "Le~~ees." 1Y I T i•! E S SET H .. • Lessors, for ~,nd an consideration of .he coven~.rits. ~d a~;ree,..~snts hereinafter set fort?~ nn the part of the Lessees to be kept , nd per- formed, do i:ereb;; lease to the Lessees the follocrin~-described pr=wises situated in lada ;;aunty, State of Idr::ho, to Brit; The E<<:;t• I'.uli of the Sou therest ~Juart~:r of c)ie S~uthe<<st ~?uarter Of Secti0ll =iC~, `1'OL~1SI:_p ~~ I;ort!1 of !an ~ 1 :'iC:it, Noise ~ieridiun, i.n P,da C:;unto!, Idal.:, -:r:d tl~e ~outhe: st Rur~.rter ~~~ ti.n "~~utheast ' 6~uart~r of ~:e.rl%i ai >~:, :o::~n.:iin 4 I?crth, U~~n~.e 1 ~,ie.rrt, ;:;ise I•leridian, ;;,::CErT' (; thy?~ef: otz 2-1/2 acres of lai=d zr.' .t"~:~: ;Iorth- east!~Corn]err, E:CCEPZ' ditcr. an•± road ri~,hts-of-tray ~xia E;.CLPTT'G and ~iJJCJ~4..11`~/i:?G: Residence rand rid jo.cent outbui' di nos, includinC;• hnrn, bunkhouse, ~ura;~e ~;nd shop, and ~•urroundinC Grounds in the Southeast Corne: of ttie p••operty crhich is separately irriE;ated fro::! cl:e farra l~:nds'. ditci~es. -1- 1. '~~lt~•I uL~ LF„1.~,: T!1Z~ lca~e lu I Ur ~::C g~:riod _~P one (1) yerir Le~inninl; on Lhe: l~~t du,y of Dece::rber, 1~1']u, c:nd erruin;, on tl:r, jOth da-; of ITovc~,rber, 19';'~~. 2. TI'E LrS:'ErN :.~ll2ry :.S ^CLLO".S a. To t>~.:y to the Lessors t;lre eu:n :,f ~j,.l~:C.C)U ec.c,h rent for said nre::iises, s~.id rer:t~:l to be paid on or uefi'~~re llec. 1, 1,,I9. b. That t;:c:,y Hill op^rate the f:.~.r:a in cn effi%:•ient :~.nd husb~~.nd-lilce r:~.y, d~int*; n?ot•'in,-, seed'.~~;, cultiv~~tin~; .:nd harvcstin~; in o. :?r.nner tl:.ot t•:ill contierve t' e n^:~porty. G. c t .et l?._._- L.~... C~7. _f:•carll`r• to T•~rra~r~+rrt r_n:_i _~i~~. :'!eeds' fro:a ~:cin~ to seed an tk:e r.rr:l a.^.d t:'ill destro~r t~=e ::~..:e, ~:nd frill keep tl:e reeds and truss cut or destroyed on t':ie fields Fnd ditch b..nhs. kll c:ith t!~e object of having less of a t':eed problell each str.cceeciin~ year. Cost of creed chemicals to 'oe borne by the Lessee. ,4 a. '_hca i,essees :.ray not assign this le~.:.•e or sublease the Trap~rty or rent rasture to others ~•:ith~ut the r~rior t•!ritten aparoval of ~l~e Lessors. 3. THE LES "OHS ':1ZLE :tS FOLLO'~'~ a. Th:.t they e:ill accord the Lessees peaceful possession of the pre~:tises during i:kre term Hereof so long as the pay- ments ~.re rrrade ~.nd the other covenants of the Lessees are per f or ;red. b. ThGt they e:.ll nay all taxes .~nc! irr~.rati.on mater assess:;rents levied <:inci assessed ii~a.'_rrst tkle 11~ove-described reel propert;r. c. That they dill furrrisli all necessary materials re- quireci for nerru::nent repairs and inrprove~aents of pipelines and structures. 4. The Lessors reserve the ri~;lit to enter upon the f arrn at any time for the purpo.^e of rraianp?; repairs and improver-rents, and for any other reasonable purpose. -2- 5. If the Lessors should sell or ot}rer•tiri:se trarrsi'er title to the farrz, tlicy ±•rii.l ~clo r.o ::ul~,jec•t to t}rc provi::ioris of 1;}pis lca:;e. 6. It is rnutually ar;reed t;.r,t this ler;;=e :•rill be ~,.utornati.cally ,~ rene~~ed from year to year ::it}r ,ut either p~;rty ~;ivin~ notice to the other. I?o:~ever, it care he ter::~inuted. at the en~l of rnrt,y lease year by either pr;rtr ;yi V7_r~ ~:ritter. notice •to tLc oIrer at least ~~0 d~t~r~ prior to the I.To°1.~~~ber ~Uth enciinF; of t-re leu;_e year. Af ter n,~tice of terraiuat:~.,:,;~, Lessor s•Irull h~we possesriorr. of the lan:3 as soon as crops are ir:svested. ,- L.~~ 1~ LLSSOas: ~ ~.. ~1 rL-~/ .~ ~ Jdhn V. Otter (,1 • ~ 1 1 ' /..f.__. / r:'c 'June S. Utter ~~ l'!? tn~sc '. ~.; ~S' ` is ~ ++ :;, r t •~ °•n }~5 ~ . ~~~ ` ~ G4 tiY` ~ i ~ C ;p V a !~ ..~ r.• ~ ..` LESSEES II{enneth L. ksclrenbrenner .• :~, x~ 1 , .' Sharon ;,cclienbreirner r, . ~. ~ ~~~ a Y~CrryJQ~J ~ %1 / ~ ~'%~ G~f O~~~G /97~ . ~~;:; ~, ..°.'a ::.'~.~d;.'o°. /, .. 1 " / ~~~ ~ ff^7 ~-L.t -~_ ,t.~ ~yt.~ri/ GGL / y.G~=C~'t'ti !, ~.~ i ~_, «-~.e..~lc . /G......~~ C~,,~~.~.,,./ ,_1~ ._ ~~ ~ ~ S .I ~~ , ,~,.~ ~~~ ~ ~ ~ -'' ~z---~_~~~ ., , ~- p ' 1 / ~~ ~/ / ~- ~ 1- ~-~ .T .~J/S 1. ' /- ~2 ~= ,• J7~ ~7` /.~ .~ -'N ~ J7 L.~i../ /!9 f! ~ ~.~i~~ ~ ~ 6=P~ l~ ~~ - ~, f ~.3;~ ,~ ~r -~~_ .., .a ~~~. SUPPLEMENT TO REAL PROPERTY LEASE BETWEEN JOHN V. & JUNE S. OTTER A.~D KENNETH & SHARON ASCHENBRENNER ENTERED INTO ON OCTOBER //f'J 1988. IT IS PIUTUALLY 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 $ ~c~lc5 ,~ ••~ . .a THERE IS ADDED BY MEANS OF THIS SUPPLEMENT, THE FOLLOWING ADDITIONAL AGREE- MENT RELATIVE TO THE IRRIGATION (JELL DRILLED AND PUMP INSTALLATION MADE IN AUGUST 1933 AND PUT IN SERVICE ON OR ABOUT AUG. ~f 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. Z. The pump and electric 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. ~'. 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 J S. Otter Witness LESSEES /~..;/ sYC~,C~~..,...., Kenne h L. Aschenbrenner yL/ rL~~/ Sharon Aschenbrenner Witness ' i~ `tom ~y~,~-y.t ~ ~N~ Ls~ ~ J 1~ ~~~Z l~D, f ~~ ~~1~~ ~~ // ...~ ,(fie-~ , ~, ~ ~ ~a ~ ~~~ i~'~'~'~ ~~ i ~ ~~ < < ,, ,~.~: ~;/~ f~~_ ~~~ ~ J1 /~ . ~ t~t~t !, Gf l ,~ ~~L~ -~', - ,, f• --r' 1 ~ -°!~ -' ~ 1. ~-c / ~ ~ ~~ . =~. / J~ ~, U , ,~ -i ~, ~~ .,, . f ,> . ~. '% 1 1 ~MU~ t~ .~.. . ~ y , .~;--- ., /. •-~ J 1 r / ~/~ r,„~ ~. ... s ~~ ~•~~ ~~ ~~: •.~., ..~ ~~~ ~ 1~ ~ l9i ~. ~~ r ~~ . l~~ C~ t: . _ r oa ~, ~ ~~~~ ~ ~ ~~'` ~, ~ _.. ~~~ ~ ~~~ ~~v ~2'C~`~l ' U ..~ ,a r August 15, 1995 SUPPLEMENT TO REAL PROPCRTY LEASC made and entered into by and between JOIiN V. OTTER and JUNE S. OTTER, "Lessors", and KENNETH & SNRRON ASCHENaRENNER, "Lessees", entered into September 12, 1973. The original lease agreement between the parties is dated September 12, 1918 and has since been extended by endorsement, from year to year, the latest endorsement being Nov. 18, 1994, which specifies: "This agreement is extenced to I~ec. 1, 1995 on l-he same Uasis as ].ash year, $5,500.UU 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, WHERE AS, A]1 crops produced on tine land under the 1995 lease have now been harvested and, WHERE AS, payment has now been made by tl~e 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 agreement is extended through the 1996 crop year, now defined as beginning August 15, 1995, and extending to ten days after the. last of the 1996 crops have been harvested or December 1, 1996, whichever is earliest, at which time the annual lease I~ayment of $5,500.00 shall be due and payable. C~~P~( . ~ . LESSORS: Join V. Otter June S. Otter LESSEES : ~~~~ AC Kennet~i L. Aschenbrenner C~ J ~~ Sharon Aschenbrenner STATN 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. -~~ ~ (JINW~-C/l_ Notary Public Residing at 17b i ~ Idaho ` Commission expires i `~IU ~ ~ 7 00 O _ (~OG°~~