Loading...
2012-851 Approving Lease Agrmt with Ryan Burrows for Farming of Borup PropertyCITY OF MERIDIAN RESOLUTION NO. 12-_F!5r I_ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND BRYAN BURROWS FOR APPROXIMATELY 38 ACRES OF LAND OWNED BY CITY AND LOCATED ON WEST CHERRY LANE ROAD BETWEEN NORTH MCDERMOTT ROAD AND NORTH BLACK CAT ROAD, IN ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns real property located on West Cherry Lane, Meridian, Ada County, Idaho, identified as Parcel nos. S1204336450, S12043365005 S1204366155 S1204346715, and S1204346850, approximately thirty-eight (38) acres of which is currently unused by City (hereinafter "Lease Premises"); WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the judgment of the city council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Bryan Burrows for crop farming serves the public interest as the most efficient method of controlling weeds, pests, and dust; WHEREAS, the City Council of the City of Meridian hereby finds that Lease Premises are not otherwise needed for City purposes; and WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Bryan Burrows; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of the Lease Agreement attached hereto and incorporated herein between Bryan Burrows and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. rtw) ADOPTED by the City Council of the City of Meridian, Idaho, this ZZ day of May, 2012. APPROVED by the Mayor of the Cit of Meridian, Idaho thisZZ0.W__ aof May, 2012. City � y y� APPROVED: 77 1 Mayor Tvn RESOLUTION AUTH e Weerd D A UCti X0 EST: L 90 Cityy of 41E IDI 1 AHO SEAL a�.c L. Ho G LEASE TO BRYAN BURRO'IF WS °t tit TRE AS�� City Clerk PAGE 1 OF I LEASE AGREEMENT WITH BRYAN BURROWS This LEASE AGREEMENT WITH BRYAN BURROWS is made and entered into this 2 2, day of May 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Bryan Burrows, an individual whose address is 8730 Lincoln Road, Caldwell, Idaho (hereinafter "Lessee"). WHEREAS, as depicted on Exhibit A hereto, the City owns real property located on West Cherry Lane, Meridian, Ada County, Idaho, identified as Parcel nos. S1204336450, S1204336500, S 1204366151 S 1204346715, and S 1204346850, approximately thirty-eight (3 8) acres of which is currently unused by City (hereinafter "Lease Premises"); WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Lessee for crop farming serves the public interest as the most efficient method of controlling weeds, pests, and dust; WHEREAS, the City Council of the City of Meridian hereby finds that Lease Premises are not otherwise needed for City purposes; and WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Lessee; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Lessee agree as follows: I. Lease granted. City, for and in consideration of the covenants, conditions and agreements hereinafter contained and agreed to be kept and performed by Lessee, does hereby lease and demise Lease Premises to Lessee. II. Use of Lease Premises. Lessee's use and occupancy of the Lease Premises shall be limited to crop farming operations. Lessee's use and occupancy shall not include the pasturing or presence of cattle, horses, or other livestock or animals; nor shall it include Lessee's participation in government or other agricultural programs or grants; nor shall it include, except as expressly specified herein, any rights to minerals, water, oil, or other extractable product. Lessee shall not use or permit the use of the premises for any purpose other than crop farming without the express written consent of City. III. Term of lease. The term of this lease shall be from the Effective Date through 11:59 p.m. on December 31, 2012, unless earlier terminated by either Party by the method established herein. This lease shall automatically be renewed from year to year thereafter unless written notice of termination is given by either party to the other at least thirty (30) days before the expiration of the initial lease term or any renewal thereof. LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING BORUP PROPERTY PAGE 1 OF 7 IV. Rights and responsibilities of Lessee. With regard to Lessee's use and occupancy of the Lease Premises under this Agreement, Lessee shall be responsible for each and all of the following. A. Crop farming. Lessee shall be responsible for all costs, activities, and responsibilities associated with planting, maintaining, and harvesting crops on Lease Premises. Lessee shall be entitled to keep the proceeds, if any, of the crop(s) planted and harvested by Lessee on Lease Premises. Lessee shall be solely responsible for any and all expenses incurred in the Lessee's planting, maintaining, harvesting, storage and transportation of crops removed from the premises including, but not limited to, damages caused by acts of God, acts of nature, and/or weather. B. Weed and pest control. Lessee shall be responsible for weed, pest, insect, and vermin control on Lease Premises. C. Ditches and drains. Lessee agrees to clean and maintain in good repair and condition, normal wear and tear excepted, all ditches, laterals and drains situated upon the Lease Premises in order that the maximum water benefit may be obtained and utilized. D. Alterations; waste. Lessee shall not make, or permit to be made, alterations on or to Lease Premises without first obtaining City's written consent. Any additions to, or alterations of, Lease Premises shall become at once a part of the real property and shall belong to City. Lessee shall not commit, permit nor suffer any damage to or waste upon the premises or any of the improvements or appurtenances situated or placed thereon by or on behalf of City or City's agents or invitees. E. Liens. Lessee shall keep Lease Premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee. Lessee shall not permit nor suffer any lien, judgment or encumbrance to be entered against or filed upon Lease Premises or any improvements or fixtures thereon. Lessee hereby covenants to satisfy any such lien, judgment or encumbrance at Lessee's sole and separate expense, and in all respects fully to indemnify City against all damages, legal costs and charges, including attorney's fees reasonably incurred, in any suit involving any liens, claims, judgments or encumbrances cause or suffered by Lessee with respect to the premises or any part thereof. F. Equipment. Lessee shall provide and maintain all farming and irrigation equipment necessary for conducting Lessee's farming operation pursuant to this Lease. Any property and/or equipment purchased or used by the Lessee for the purpose of this lease shall remain the property of the Lessee. Such property and/or equipment may be stored at the Lease Premises for the term of this Agreement so long as such storage complies with all applicable laws, regulations, and policies. Lessee shall move or remove such property and/or equipment within twenty-four (24) hours of City's request to do so. Lessee shall be solely responsible for any personal property and equipment stored or used by Lessee upon the Lease Premises. G. Water use. Lessee shall file water use reports as required and/or requested by the irrigation district(s) serving the Lease Premises. City shall promptly authorize excess water delivery if requested by Lessee. Lessee shall pay any water use overage costs, if applicable. LEASE AGREEMENT WITH BRYAN BURROWS FOR FARM MG BORUP PROPERTY PAGE 2 OF 7 H. Utilities. Lessee shall pay for any power or other utilities utilized or provided at Lease Premises. 1. Adjoining City property. At various times, though not during the growing season, which shall be defined as approximately April 15 to approximately September 5 of each year, the property adjoining Lease Premises shall be utilized by City or City's invitee for rodeo and other events. At such times, Lessee shall accommodate overflow parking on the Lease Premises on an as -needed basis. Though City and City's invitee shall make reasonable efforts to avoid damage to the Lease Premises or any crops or other personal property thereon, neither City nor City's invitee shall be responsible for any damage. Neither City nor City's invitee shall utilize Lease Premises for overflow parking during the growing season without prior written consent from Lessee. Chemicals; hazardous substances. Lessee shall not use, store, or dispose of any hazardous or toxic substances as defined by applicable Federal or State laws and regulations upon Lease Premises without prior written notice to City. Said notice shall identify the substance to be used, the area in which the substance is to be used, the manner in which the substance is to be stored and applied, and plans to dispose of any excess. City has the option of refusing to consent to such use, storage or disposal of toxic substances. Lessee's failure to comply with such a decision shall constitute a default by Lessee. All hazardous or toxic materials shall be used strictly in accordance with all applicable laws, rules and ordinances. Lessee shall not allow any hazardous or toxic substance into the air, ground or water except insofar as allowed by said laws and regulations. Lessee shall also not cause or knowingly suffer any prohibited conduct as such term is defined by applicable Federal or State law upon the Lease Premises. Lessee shall indemnify and hold City harmless from any claim, liability, loss, cost or expense, including but without limitation, attorney's fees, resulting from hazardous or toxic substances placed or used on Lease Premises by Lessee. City hereby consents to Lessee's use of chemicals and fertilizers customarily used in crop farming operations in this area on the condition that such chemicals and fertilizers are used and stored properly and in accordance with law. City shall have the right to inspect Lease Premises to determine if Lessee is properly using, storing, and disposing of chemicals and other hazardous substances. Other than chemicals and fertilizers customarily used in farming and ranching operations in this area, City disclaims any knowledge or information regarding the existence of toxic or hazardous substances on the property. K. Good husbandry. Lessee will utilize the Lease Premises in a manner that will best conserve the integrity and long-term beneficial use of the Lease Premises. L. Acceptance as is. Lessee acknowledges that Lessee has inspected the premises and does hereby accept the premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Lessee accept the Lease Premises "as is.,, M. Surrender of possession. Lessee agrees that upon termination or expiration of this Lease Agreement for any reason, Lessee shall surrender the premises to City in the same good condition as received, reasonable wear and tear, act of God, act of nature, or damage by LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING BORUP PROPERTY PAGE 3 OF 7 weather excepted. Lessee agrees to surrender possession and occupancy of the premises peaceably at the termination of the lease and any renewal or extension thereof. N. Indemnification. Lessee specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Lessee, to Lessee's personal property or equipment, and to Lessee's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Lessee further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased premises by Lessee or by Lessee's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Lessee, at City's option, shall defend City and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. O. Liability insurance. Lessee shall maintain, and specifically agrees that Lessee will maintain throughout the term of this Agreement, liability insurance, in which City shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits herein provided, Lessee covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Lessee shall provide City with a certificate of insurance or other proof of insurance evidencing Lessee's compliance with the requirements of this paragraph. In the event the insurance minimums are changed, Lessee shall immediately submit proof of compliance with the changed limits. P. Worker's compensation insurance. In the event Lessee hires any person to work on the Lease Premises, any and all workers shall be covered by worker's compensation insurance. In such event, Lessee shall provide to City a certificate of insurance. Q. Crop insurance. Lessee may; at Lessee's option, maintain crop insurance for crops planted on Lease Premises. City shall not maintain crop insurance on Lessee's behalf. R. Taxes. Lessee shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. S. Quiet enjoyment. City hereby agrees that in consideration of Lessee's performance of the terms and conditions of this Agreement, Lessee may peaceably and quietly have and enjoy the Lease Premises for the duration of this Agreement. V. Rights and responsibilities of City. With regard to Lessee's use and occupancy of the Lease Premises under this Agreement, City shall be responsible for the following. LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING BORUP PROPERTY PAGE 4 OF 7 A. Ground preparation. City shall plane the ground at Lease Premises to prepare the surface topography for planting. City shall make no guarantee as to the quality or composition of the soil at Lease Premises. Following the initial ground preparation, Lessee shall be responsible for any further dirt work or ground preparation that may be required or desired by Lessee. B. Siphon tubes. City shall provide forty (40) siphon tubes for use by Lessee for irrigation of crops at Lease Premises. C. Ditch preparation. City shall clear the waste ditches at Lease Premises to prepare them for use by Lessee. Following the initial ditch clearing, Lessee shall be responsible for any further preparation, cleaning, or maintenance that may be required or desired by Lessee or required by law or regulation. D. Assessments; property taxes. City shall pay the regular irrigation district assessments and property taxes, if any. City shall also promptly authorize excess water delivery if requested by Lessee. Lessee shall reimburse City for any water use overage costs, if applicable. E. Weed control. City shall be responsible for weed, pest, insect, and vermin control on City property not leased to Lessee hereunder. F. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times, to enter the premises for the purposes of inspection for compliance with the terms of this Lease Agreement and for the exercise of City's rights hereunder, the posting of notices, and for all other lawful purposes. The parties shall supply each other with keys and any other instruments necessary to allow mutual entry onto the Lease Premises. VI. General provisions. A. No agency. It is further understood and agreed Lessee shall not be considered an agent of City in any manner or for any purpose whatsoever in Lessee's use and occupancy of the Lease Premises. B. Breach; cure; termination. If Lessee is in breach or default of any of the terms, covenants or conditions of this Agreement and Lessee fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of Lessee in and to Lease Premises, at City's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Lessee's failure or refusal to cure as hereinbefore provided, City may, upon three (3) days notice, enter into and upon the premises, take possession thereof and expel Lessee therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies City may have. In the event of termination of this Agreement, Lessee forfeit any right to harvest crops planted and any right to the proceeds thereof. Lessee shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by City in recovering the Lease Premises hereunder. LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING BORUP PROPERTY PAGE 5 OF 7 C. Possession. If City, for any reason whatsoever, cannot deliver possession of the said premises to Lessee at the commencement of the said term, as hereinbefore specified, this lease shall be voidable, and City shall not be liable to Lessee for any loss or damage resulting therefrom. D. Transfer of property. If City should sell or otherwise transfer title to Lease Premises, this Agreement shall be voidable upon transfer of title, at the buyer's or transferee's option. As may be practicable under the circumstances, City shall provide written notice to Lessee of City's intent to transfer title. E. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Lessee. F. No obligation. By the granting of this lease, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, or any other action allowed or required by law or conveyed by City Council. G. Attorney fees. Lessee shall be liable to City for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by City in the enforcement of any of the terms, covenants or conditions of this Agreement. H. No assignment. Lessee shall not assign, sublet or transfer the leased premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. L Binding on successors. This Agreement and all terms and conditions hereof shall apply to and are binding upon the heirs, legal representative, successors and assigns of the Parties. J. Independent contractor. In all matters pertaining to this Agreement, Lessee shall be acting as an independent contractor, and neither Lessee nor any officer, employee or agent of Lessee shall be deemed an employee of City. Lessee shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. K. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Lessee: Bryan Burrows 8730 Lincoln Road Caldwell, Idaho 83605 City: City of Meridian Director, Parks & Recreation Department LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING BORUP PROPERTY PAGE 6 OF 7 33 East Broadway Meridian, Idaho 83642 Notices shall be in writing and either personally delivered or sent by registered or certified U.S. mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. L. Choice of law. This Agreement was negotiated in Idaho, is entered into and is intended to be performed in the State of Idaho. The Parties agree that the laws of Idaho shall govern the interpretation of this Agreement. M. City Council approval required. This lease shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. N. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LESSEE: r Byanturrows CITY OF MERIDIAN: STATE OF IDAHO ) ss: County of Adg, ) I HEREBY CERTIFY that on this i(``` day of May, 2012, before the undersigned, a Notary Public in the State of Idaho, personally appeared Bryan Burrows, proven to me to be the person who executed the said 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 ab a written. Notary Public for Idall Residing at w , Idaho My Commission Expires: Attest: 40j.?;fED A UCV O� 1 City of BY: low—E I Tammy e eerd, Mayor e r SEAL LEASE AGREEMENT WITH BRYAN BURROWS FOR I�11�'rr� RI lma-t,,City Clerk PERTY PAGE 7 OF 7 _ - Gj mow- HE ��:'-.