HomeMy WebLinkAboutAssignment of Real Property Lease with John V. Otter and June S. Otterr'
ASSIGNMENT OF
REAL PROPERTY LEASE
THIS ASSIGNMENT, Made and entered into this ~"b ~ day of
September, 1995, by and between JOHN O. OTTER and JIINE 3. OTTER, as
Co-Trustees of the JOHN O. and JUNE S. 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 ~~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:
v
V. OTTER, Trustee of the
N V, and JUNE S. OTTER TRUST
dated October 8, 1991
X' ~~Y' li ~/ D
N~ OTTER, Trustee of the
JOHN V. and JUNE S. OTTER TRUST
dated October 8, 1991
ASSIGNEE:
CITY OF MERIDIAN
G P. KIN SFORD Ma or f the
CITY OF MERIDIAN
B
WILLIAM G. BERG, City Clerk
of the CITY OF MERIDIAN
ASSIGNMENT, Page 2.
STATE OF IDAHO )
ss.
County of Ada )
(O
On this 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.
~~
G~~ [C~
No r Public for Idaho
Re ing at Boise, Idaho
My Commission Expires: ~3~~7'`1`1
STATE OF IDAHO
~ ss.
County of Ada )
o~(DL~C
On this 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 ertificate first above
written.
No~~j(y Public for Idaho
Re ;ding at L Idaho
My Commission Expires: 3-~ 7- 99
ASSIGNMENT, Page 3.
x
(Bete:een JGr'if V. vi"_'Ei2
( JUI L S. O'!'TI:R
~ hu~bc.ccd and rrifc
( 906 I'.~~tc~ton i'to<<u
( Boise, Id.:ho ..:j~i;4
~ L'LSSCI2S,
( 1205 '.~. r,.....ain i?c~..c.
( LL~~~~S
;~.~
IJ J1. , ,~.d~ a:. er_tf~.r~.d into tail ~ dr~.,y ~f Se~~to~:~ber,
1q;8, b;,< <r:d bet'.:een ~i,H`. V. CTTs~R ~;r.d JUif S. G'I'VER, !~usb. ,._
-•.n d r.cn . e ,
of Boise, ~;~:a l;Otlnt~~,••lcl~;h0, t:ereinafter re?erred to as 'Lessors", ~.nd
F~I'i?Eii. L. ::SC?;'._'j3E':'r~; ~:nd S:?'~~i?Id :CSC:.-: ='::Ei;: ~_2, husiJ~~.~id end :~•iie of
i•Ieridian, Ic?a:r.o, hereinaf~e: rsferred to ~:.s "Lessees."
~'! I T :: A S S E T F?
Lessors, cr ~:nd in c~n~ideration of .i_e COVe~it.:1tS. end a, ree~_:ar_zs
hereinafter yet iori:~ un t.^.e ~urL of the Lessees to be kept and per-
formed, do i.ereb;J leae:e to ti:e Lessees ti:e follor:in~-described promises
situated in .ada County, Ctate of Idaho, to :`rit:
The East i'.ali of the South:`:est Uuart~.r of i;,,e S~utlzeast (?uarter
of Sect_oa ;;c, `1'or:nsi:_p ~~ T,orth of ~•an •e 1 '.est, Boise .Ieridiun,
in Psda C; ~:un~-~:~, Ic:~:.?.,. r:d t::e ,-outhe; sr. ~,urrter ~:~ t.:e S~~~u'-'-:e
~: 1St
d;uarter .~i rec ~_ ;n .;o, %o::•ns::ip 4 :lcrth, ~ :n e 1 „'est _..:ise
i°Ieridl~:?l, E„`.C~;FT'~.~~G ~^nrCI.O::: 2-1~2 aCr°_8 :.if l~:nd in' .tti':. ilOrtll-
east Coz'ner, E;{C:~aT ditcr. «n•d rood ri~,hts-of-c:uy sna E,CEFTl_'G
and ;?.,SE:~TJ_:'G:
Residence ::.nd cad jo.cent outbuildi nos, includin^;• b.:,rn,
bunkhouse, ~~.r,;e and shop, and s,•urroundin~ Grounds in
the, SoutheGst Corner of t!~a property which is separately
irrie•uted from cl:e farm l~.nds' diLCiles.
-1-
• 1~..~rI ~~~' Li.+~i;,~r;: ~l''11;; lcace 1~ fOr 1, .:e D~`riod a1 OnC
year Lcr;inninE; on i;he lit L;uy of Dece:~lbcr, 1~17v, ~.nd e:cuin~. on t,cr*
j4th dad; of I~ovc.~~,cher, 19;;'c~.
2. T;'E LIJS`'~LS .".~:~:'~~ ..S :OLEO".S:
a. To r>ay to fire Lessors i:l;e :.'LLn :;f :5~,1~;C.OU cc.s'h rent
for said nre~aices, s~.id rer:t<<1 to be paid on or uefore Oec. 1,
1 ~; -' 9 .
b, ;'h<,t * :c:y 1.1±.11 on^.r~.te L;le ?,-r:.- 'r, r~_n e~f; ~;!'+nf' .~„r7
husb..no-like 2.;f, doi n~; nlol:rir ", seed:. ~ f;, cr.'_tivc:tin^ ~.nd
h<::rvo~tir_~ in c. .:~.nner t:~.et .:ill conserve t' e nr'.~a~rty.
(',, Th:,t ~. +•,ev ~•;ri 1l L"..' ri i'i vanrr to _ rc~r~n} .:_~ .„c 1•rn `,~c
f1'O:t ~Cln~, t0 seed cn the l,._. anc C:...11 l7.eStrn,r t':C 0~...e c:nCC.
" J ,
Mill keep the Leeds and brass cut or destro;red en ti:e fields
o.nd ditch b.:.nla. :=.11 r:ith t!:e object of he.vir.~ less of a 1:reed
Aroble!-1 ec.Ctl sv.cceeci_il~ year. Cost of ;Teed checilicals to ne
borne by the ?~essee.
c. `,hca Lessees :.,a~' riJt assi ~n ti:is le~.~e or sublease the
-~r~r^rt~r or rent pasture to others •~ it:=..ut t'r_e ~~rior ~,:ritten
anrroval cf she Lessors.
3. T1iL LAS cORS r,,G3~rr :1S ~ OLLO':'`~
° a. Th^.t they 17:111 ~ccora the Lessees peaceful possession
of the pre~:lises during i;he tern hereof so long as c11e nny-
ments zre crude ~.nd the other covenurzts of the Lessees «re
tierf or :red.
b. That they e:+'.11 ray all taxes ..^.r,c! irri ^~.tion 11•ater
a~sess~aents leviad and assessed a~a_rlst ti:e above-described
re~.l property.
c. That they 1ii11 furnish all necessary .materials re-
quired for ~erluanent repairs and improver;lents of pipelines
and structures.
• 4. The Les::rors reserve t11e ri~~lit to enter upon the farm <~t any
time for the purpose of ^lal:in~~; repairs and ilnprovenlents, and for any
other reasonable purpose.
-2-
5. If the Lessors should sell or ottiere~i:Ze transfer title to
the farm, tLcy ~~ri1.1 'do :.o ~uu,joc~+.; to the provi:;ionc of +:hip lca.e.
6. It is mutually a1~~reed t;.zt this leap-e ~uill be ~;utoraatically -
rene~~~ed from year to ye~:r rith gut either pr,:rty ~ivin~ notice to the
other. l:o::ever, ii; cau ae teI'.:11I?~lted at tl~e enu of anti;/ le~;se year
by either pert,:- ;~i•; irk ~ Britten n~iice •to ti_c; oilier o.t least ~ ~~ do-~~~s
prior to the i.'o°ra.~uer jOth e:~uinl;• of ~ ~e lease year. ~`.iter n~~tice
of ter~ainat.~;:, Lessor sli~;ll '.:-_,ve posses,,ion. of the lava as soon as
crops ure •h::rv~steci.
J' ~
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LESSU~S: lam.-~t-~/ " ~ r
1 t__ ~ -
John V. Otter
f._-- .'
June S. Utter
~.,1:
.~~
LESS^uES
F~'
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~.iKenneth L. Aschenbrenner
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,~., 1. ; Sharon ;,~chenbrenner
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SUPPLEMENT TO REAL PROPERTY LEASE BETWEEN JOHN V. & JUNE S. OTTER AND
KENNETH & SHARON ASCHENBRENNER ENTERED INTO ON OCTOBER /~ 1988.
IT IS P~1UTUALLY 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 $ ~~~ l~ ~5 .~
THERE IS ADDED BY MEANS OF THIS SUPPLEMENT, 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. -~~ 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 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:
ohn V. Otter
Ju S. Otter
r,
Witness
LESSEES
Kenne h L. Aschenbrenner
Sharon Aschenbrenner
Witness
,,~... /1
~.
August 15, 1995
SUPPLEMENT TO REAL PROPERTY LEASE made and entered into
by and between JOHN V. OTTER and JUNE S. OTTER, "Lessors",
and KENNETH & SHARON ASCHENaRENNER, "Lessees", entered
into September 12, 1973.
The original lease agreement between the parties is dated
September 12, 1913 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 Dec. 1, 1995 on
l-he same basis as last year, $5,500.00 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 ,
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, All crops produced on the land under the 1995
lease have now been harvested and,
WHERE AS, payment has now been made by tt~e Lessee to the
Lessor, in full and final ~~ayment fir the 1995 rent in the
amount of $5,500.OU ,
it is mutually agreed that the Dec. 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~~G'~'(
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