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Lease Agreement with Kenneth Aschenbrenner (Settlers Park Land)f'i EP D) ft, RECORDED- REQUEST OF ADA COUNTY RECORDER J. DAVID NAVARRO C �� .3TSE, 1PA110 FEE QEPUTY 2000 AP 13 PM 1: 37 � fP'� 100028044 Q28044 LEASE AGREEMENT THIS AGREEMENT is entered into as of this day of r 2000, by and between the City of Meridian, a municipal corporation and government subdivision of the State of Idaho, organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "City of Meridian", whose current address is 33 E. Idaho Ave., Meridian, Idaho 83642, hereinafter referred to as the "Lessor", and Kenneth L. Aschenbrenner, an individual, whose current address is 4990 N. Meridian Road, Meridian, ID 83642, hereinafter referred to as the "Lessee". WITNESSETH: 1. LANDS RENTED: In consideration of the mutual promises and covenants herein including, but not limited to, the rents to be paid and the services to be performed by the Lessee, as subsequently set forth in this Agreement, the Lessor does lease to the Lessee, and the Lessee does lease from the Lessor, the following real and personal property located in the County of Ada, State of Idaho, more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference. 2. TERM OF LEASE: This Agreement shall include all improvements and such water rights, permits and licenses as are essential to the facilitation of the terms of this Agreement now located upon or appurtenant to the described premises from the 1 st day of April, LEASE - 1 2000, to the 30th day of September, 2000. 3. POSSESSION: For the lease term, Lessee shall be entitled to commence possession upon the date this Agreement has been executed by both the parties hereto. 4. RENT: Lessee covenants and agrees to pay $2,600.00 rent for said property if the planted crop or anything other than beans, and $3,180.00 rent if beans, due and payable on the 30th day of September, 2000. follows: 5. DUTIES OF LESSOR: Lessor covenants and agrees with Lessee as (a) Lessor will provide to Lessee the above described land and improvements thereon. Lessor shall be responsible for the payment for the land and the payment of real property taxes and other expenses related to providing the land for the Lessee's use. (b) Lessor will provide to Lessee the use of water for the purpose of watering the premises under the water rights appurtenant thereto. All water assessments shall be paid during the term of this Agreement by the Lessor. (c) Lessor shall not be obligated to pay any portion of the production, harvesting, hauling, storage, marketing, or other costs associated with the crops produced on the real property. (d) Lessor covenants that, upon the Lessee keeping, observing and LEASE - 2 performing the covenants of this Agreement to be kept and observed, the Lessee shall peacefully and quietly possess and hold the premises throughout the term of this Agreement without interruption from Lessor, his successors or assigns, and Lessor shall defend Lessee's right of possession against such person. (e) Crop insurance shall be at the option of Lessee. (f) Lessor will perform all of the covenants of this Agreement in a timely manner and as required by this Agreement and will hold the Lessee harmless for any loss occasioned by the failure of the Lessor to thus perform. follows: 6. DUTIES 4F LESSEE: Lessee covenants and agrees with Lessor as (a) Lessee will pay the rent herein reserved to be paid by him in the manner herein provided. (b) Except as otherwise specifically provided in this Agreement, Lessee will pay all expenses and costs of operation arising out of the leasing, farming, producing and harvesting of the crops to be grown upon the leased premises under this Agreement. (c) Lessee will farm the leased premises in a farmer -like manner. (d) Lessee shall be responsible to maintain all irrigation ditches in as good condition as they are at the outset of this Lease, normal wear and tear excepted. LEASE - 3 (e) Lessee shall pay all electrical expenses for irrigation pumps associated with the irrigation of the lease premises. (f) Lessee will permit the Lessor, his agent or agents, to enter into and upon the premises and each and every portion thereof at any reasonable time or times, for inspection thereof and of the crops thereon or to make improvements on the property. (g) Lessee will perform all of the covenants of this Agreement in a timely manner and as required by this Agreement and will hold the Lessor harmless for any loss occasioned by the failure of the Lessee to thus perform. (h) Lessee will quit and surrender possession of the premises upon the expiration of said term and hereby waives notice to that effect, except as otherwise specifically provided herein. (i) Lessee shall not permit, suffer, or incur any mortgage or encumbrance on the land herein demised or the improvements thereon. (j) Lessee will return the land in the same condition as when taking possession, normal depreciation excepted. (lc) Lessee shall maintain and provide the City of Meridian as an additional insured for all premises liability in an amount not less than the amount required by State Law (I.C. 6-926) to be carried to cover statutory liability of the lessor, which is a minimum of $500,000.00 single limit for damages, costs and LEASE - 4 attorneys fees on account of bodily or personal injury, death, or property damage, or other loss resulting from any one occurrence or accident. Lessee shall also maintain workers' compensation insurance as required by State Law, evidence of such coverage to be provided to the City Cleric by Lessee in the form of a Certificate of Insurance. 7. ASSIGNMENT OR SUBLEASING: Lessee may not assign this Lease, sublease or underlet the demised premises without prior written consent of Lessor. 8. SALE OF LEASED PROPERTY: In the event Lessor shall sell the above-described leased premises, or any portion thereof, during the term of this Agreement or any renewal thereof, Lessor shall make said sale subject to all the terms of this Agreement. 9. AUTHORITY TO LEASE: The Lessor hereby warrants to the Lessee that the Lessor has full and absolute authority to lease the property hereunder and hereby covenants and agrees to save harmless and indemnify the Lessee from all claims of any kind including, but not limited to, attorney's fees and court costs arising out of claims relating to Lessor's authority to lease this property. 10. DEFAULT: In the event either party hereto shall be in default under the terms and conditions of this Agreement, the other party shall give written notice to the defaulting party stating in what respect that party has failed to comply with the terms and conditions of this Agreement. In the event the defaulting party LEASE - 5 shall fail to comply with the terms of this Agreement so specified within 30 days after the giving of such notice by certified mail, then and in that event, the party giving notice shall have the option and privilege of immediately terminating this Lease and to seek damages. 11. ATTORNEY'S FEES: In the event either party defaults in the performance or nonperformance of the terms of this Agreement and it shall become necessary to resolve the default by any course of legal action, whether the same be through litigation or by the intervention of attorneys, the party determined to be at fault shall pay to the prevailing party reasonable attorney's fees and all expenses and costs thus incurred. 12. NOTICES: All notices required to be given to each of the parties hereto under the terms of this Agreement shall be given by personal service upon the party to be given notice or by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the addresses hereinbefore stated or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 13. RELATIONSHIP OF PARTIES: Under no circumstances shall the terms of this Agreement be deemed to give rise to a partnership or joint venture LEASE - 6 relationship between the parties and neither party shall have authority to obligate the other without written consent of the other except as specifically provided in this Lease. 14. CONSTRUCTION: This Agreement is binding upon the heirs, personal representatives, administrators, successors or assigns of the parties and wherever the context uses the singular it shall include the plural and vice versa. 15. MANAGEMENT DECISIONS: Lessee shall manage the operation of the above-described real property as a farming unit during the term of this Lease or any renewal thereof. 16. SEVERABILITY: If any portion or portions of this Agreement shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto. 17. GOVERNING LAW governed by the laws of the State of Idaho. LEASE - 7 This Agreement shall be subject to and IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. City of Meridian Laa k), Za7yWr P�Psi `dek 2` (?/ � eo wn cry. "Lessor" J ) F-0- - &JA=e�t� Kenneth L. Aschenbrenner "Lessee" ATT T: ity Cleric ACKNOWLEDGMENT STATE OF IDAHO ) :ss County of Ada ) On this 44* day of 62 ri 1 , i thea�, 000, before me, the undersigned, a Notary Public, personally appeared , known or identified to me to be the Mayor of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said municipality, and acknowledged to me that such municipality executed the same. .• UG°. • �� n Is (SEAL) 6 G f • ,004 OFIV60 LEASE - 8 1 Nota blic for Idaho Commission expires: 1-21040 STATE OF IDAHO ss County of Ada On this 15day of (NAin the year 2000, before me, the undersigned, a Notary Public, personally appeared Kenneth L. Aschenbrenner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. TA4r i it (SEAL): f •ones Nota ublic for Idaho Commission expires: r ZAWork\M\Meridian 15360M\Parks\Aschenbrenner.Lse LEASE - 9 Legal description to be attached to Aschenbrenner Lease agreement A portion equaling 53 acres of that certain parcel or real property the whole of which is described as the E''/Z of the S.W. 1/ of the S.E %4 of Section 36. Township 4 north Range 1 West, Boise Meridian aad the S.E. '/4 of the S.E. '/< of Section 36 Township 4 North, Range 1 West Boise Meridian, the portion being excepted from the leased premises is the building site on the South East Corner of the real property and the area occupied by the water reservoir and facilities all of which is depicted on the Aerial photo map attached hereto. EXHIBIT "A" ** TOTAL FAGE.13 ** ** TOTAL PAGE.02 ** FARM BUREAU MUTUAL INSURANCE CO OF ID THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION, 1001 N 7TH AVENUE ONLY, AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 4848FEcIE;]IT"�%D HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POCATELLO ID 83205-4848 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED AFF D [UUU COMPANIES AFFORDING COVERAGE MY OF MERMUN COMPANY FARM BUREAU INSURANCE KENNETH L ASCHENBRENNER LETTER A COMPANY OF IDAHO ROSALIE SHARON ASCHENBRENNER 4990 N MERIDIAN RD LETTERNYB MERIDIAN ID 83642-5114 COMPANY LETTER C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL ITEMS: 190 ACRES AT SECTION 36, TOWNSHIP 4N, RANGE 1W IN ADA COUNTY ATTN WILL BERG CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 ACRD 25 (11-94) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 20 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 4pzz 1 4/04/00 10573 FIN03 GENERAL LIABILITY A F -X7 COMPREHENSIVE FORM 01-+-020215-01 2/24/2000 2/19/2001 PREMISES/OPERATIONS B.I. - EACH OCCURRENCE s NONE UNDRGND EXPL & COLL HAZ PRODUCTS COMPLETED OPER. P.D. - EACH OCCURRENCE s NONE CONTRACTUAL INDEPENDENT CONTRACTORS B.I. & P.D. COMBINED- EACH OCCUR s 55 0 0 BROAD FORM P.D. PERSONAL INJURY PERSONAL INJURY s NONE AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT s NONE ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per Person) s NONE O HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per Accident) s NONE SPECIFICALLY DESCRIBED PROPERTY DAMAGE s NONE EXCESS LIABILITY A 0-UMBRELLAFORM—_ -�-- !� /1 _ --f0-1— —.0202-15-02 I� I1 I� 2 24/2-0-aO - --2/19/2001- - --_Mi L OTHER THAN UMBRELLA FORM AGGREGATE $ MT T. OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL ITEMS: 190 ACRES AT SECTION 36, TOWNSHIP 4N, RANGE 1W IN ADA COUNTY ATTN WILL BERG CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 ACRD 25 (11-94) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 20 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 4pzz 1 4/04/00 10573 FIN03 FA! Farmeur+eau FARM BUREAU MUTUAL INSURANCE COMPANY OF IDAHO FARM AND RANCH POLICY PO BOX 4848 POCATELLO ID 83205-4848 ENDORSEMENT (208) 232-7914 POLICY NUMBER: 01-+-020215-01 INSURED: ASCHENBRENNER KENN EFFECTIVE DATE: 01-24-2000 CITY OF MERIDIAN IS AN ADDITIONAL NAMED INSURED ON SECTION II OF THIS POLICY BUT ONLY AS THEIR INTEREST MAY APPEAR IN THE ACRES AT SECTION 36, TOWNSHIP 4N, RANGE 1N IN ADA COUNTY. NOTHING CONTAINED HEREIN SHALL VARY, ALTER, OR EXTEND ANY OF THE PROVISIONS OF THIS POLICY EXCEPT AS PROVIDED IN THIS ENDORSEMENT. IN WITNESS WHEREOF THE COMPANY HAS CAUSED THIS ENDORSEMENT TO BE COUNTERSIGNED BY A DULY AUTHORIZED OFFICER OR REPRESENTATIVE OF THE COMPANY. INSURED'S COPY - 205 (08-78) �� Authorized Representative FARM LAND LEASE Parties: City of Meridian — Lessor Kenneth L. Aschenbrenner — Lessee 4910 A, MevidIwh, Rd Lessor owns the following described real property and hereby leases 53 acres of said property to Lessee: the E. '/ of the S.W. % of the S.E. % Section 36, T4N, R1 W, Boise Meridian and the S.E. % of the S.E. Y4 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. g Signed: Si Lessor Lessee /��--✓ o ert D. Co//r���r'Qie - Mayor � ��1 Attest• �� i Liam G. Berg, Jt. City Clerk Approved by City Council 11-5-97 OF NO 41 z SM y w h"r"rrrnn WOO��� 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) 8884433 " 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 Dear Mr. Aschenbrenner: COUNCIL MEMBERS 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). Corrie: 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). Corrie: 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. Come: 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: Corrie: 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 Corrie: 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 Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 . 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. irl 2. That 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 (20) 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 sonth to month basis, the house and 3 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 2�day of September, 1995. SELLERS: A�_Z� V, (JOAN V. OTTER, Trustee of the \TfiHN 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, Page 4. STATE OF IDAHO ) ss. County of Ada ) On this Z -ek 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. 4GZ�� Not Public for Idaho Re ' ing at Boise# Idaho ( My Commission Expires _ STATE OF IDAHO ) ss. County of Ada ) On this 2V day of September, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSF.ORD 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 off icial seal, the day and year in th3�s certificate first above written. _ N ry Publi for Idaho iding at Idaho Commission Expires: 3-i %QF AGREEMENT, Page 5. ASSIGNMENT OF REAL PROPERTY LEASE THIS ASSIGNMENT, Made and entered into this 2Z -4 day of September, 1995, by and between JOHN V. OTTER and JUNE S. OTTER, as Co -Trustees of the JOHN V. 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, 1-4/ This Assignment shall be effective as of the �6 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: J N V. OTTER, Trustee of the N V. and JUNE S. OTTER TRUST dated October 8, 1991 JjJNE S. OTTER, Trustee of the JOHN V. and JUNE S. OTTER TRUST dated October 8, 1991 r� ASSIGNEE: CITY OF MERIDIAN B G P. KINGSFCrRIj, MAJ of the CITY OF MERIDIAN By . =54 A�t� 0, WILLIAM G.. BERG, iRc,jZity Clerk of the CITY OF MERIDIAN ASSIGNMENT, Page 2. 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. �--� Not, Public for Idaho Re ding at Boise,,,. Idaho My Commission Expires: 347-F9 STATE OF IDAHO ) ss. County of Ada �/ ) On this 26 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 t certificate first above written. Nod p& y Public .for Idaho R iding at , Idaho My Commission Expires: ASSIGNMENT, Page 3. X t•EiiL „r L ;=E (Between ik1HC( V. OTTER JUTE S. 0T"rrR ( husb;. rid and wife ( 906 Hc,u: ton Ro'nd ( Boise, Idalio 63704 ( LESSORS, ( (1,.1DC, CIj'i77-T.B r2ijlln:i2 ( SIU..R011 ( Iius z.nd i..nd rife ( 1205 ( Neri dian, I :aho ( LE SSSS TI{I$: t1•GRj?E :�1'T, de and er.trred into this 117 ds�;y �f Sentc�:iber, lh 1918, by and betr:een JCIi:; V. OTTtR and JUNE S. OTTER, husband ;:.:n:.. wife, of Boise, Ada Count.­,.•Idraho, hereinafter referred to as "Lessors", and 1r,;rr; and S?.1►Rt:�Id ASr'L-''"•:E!' T'; husi�'=.nd and c!ife of I�I'I1EiI: L. ASC1i?�i;..3E _ ..-1 �_ x,i,I3, , .d 1•Ie=idian, Ide-ho, hereinafter referred to re "Lessees." W I T N E S S E T H Lessors, for E,nd in consideration of •he coven:.nts. �,nd aE;ree�.i�nts hereinafter 'set fort:i un the part of the Lessees to be kept and per- formed, do hereby lease to the Lessees the f011017ing-described premises situated in Ada County, State of Idaho, to exit; The EF►st half of the Southvest Quarter of L)je Soutlie�►st quarter of Section ;6 '±'o�nsh_p 4 North of Fan 1 +est, Boise sicridian, in Ada Cc.unt-v, I(ial',:, �r:d the 4outhe; s1: ;uvrt.er n-7 t;_e Southeast Quarter of recTi ::IIo..ns:�in 4 North, L_nL c 1 ,Ies�;, a :ise 1�leridian, EXCEPT': 0 theref= om 2-1/2 acres of lard ir.' -t'be, North- east Corner, EXCEPT ditch and road rif.hts=of.-viay and E::CEPT1 'G and RES ERV11TIG: Residence r..nd adjacent outbuildings, including, barn, bunkhouse, grra'?,e and shop, and Lurrounding Grounds in the Southeast Corner of the property which is separately irriE;ated fro:a cl:e farra lands'. ditches. -1- 1. TZILI of T,,iir, lease is for L:;e p,riod .)f one (1) year beginning on the: 1L:t clay of Dece::►ber, 1973', Lied endin!.. on the 30th &r.' of IToveriber, 2. TITE LES`'ErS .S :'OLLO".S: a. To pay to time Ler;sors the e•u,n :.f ��,i :C.C)U cc,. -1i rent for said nrei1ises, said rental to be paid on or 'before Dec. 1, b. r'Ohat t::c:,y will op^rate the f, -.r:7 in c.n efficient and husbnnr-like V:ay, doint* p? orin,,-, seed'_ -c:, cUitivntinf: and harvee-tinf; in a nanner ti'.,t will con=serve t' e property. c. Th -it 4`-ey rill Ll::!? C�7!._v.•r�tlrr to 7•'rr?vent WeedE; fro;:i r:cinL to seed on the f r.rri and will destro"r the or.. te, and will keep the creeds and r-russ cut or destroyed on the fields and ditch b .nl;s. All with the object of havi nC less of a creed problem each succeeding year. . cost of creed chemicals to be borne by the Lessee. � d. '_hat 1,essees uay not assign this lease or sublease the property or rent pasture to others •:.ith..ut the Prior ctritten approval of Che Lessors. 3. THE LES"ORS AGZyE AS FOLLO*�'!S: a. Th, --.t they Brill ,:ccorc? the Lessees peaceful possession of the premises during the term hereof so longi as the pay- ments are made and the other covenants of the Lessees are per f orae d. b. That they r'.11 Tray all taxes and irri.rati.on nater assessments levied and assessed rlGai nst the above-described reel property. .c. That they mill furnish all necessary materials re- quired for periannent repairs and improvements of pipelines and structures. 4. The Lessors reserve the rit:lit to enter upon the farm at any time for the purpose of making?; repairs and improvements, and for any other reasonable purpose. -2- 5. If the lkessors should sell or: otherwive transfer title to the farn, they e,ill do :.o subject to the pro:•isiono of 1;hi: lea::e. 6. It is mutually ar;reed t:.at this lea:: a will be �,utomati.cally renevied from year to your s:ith.,ut either pr.:rty Oivin;; notice to the other. 11m. -ever, it can be ter:::inuted..at the enol of nny lease year by eitlrer party 1:ritten notice -to thl.-:� other at least (�O drys prior to the Yovejiber 30th emiing of tae lew-ie year. After notice of teriainati.;ji, Les::or r~hull h«ve possession, of the lanr as soon as crops are harvested. LESSORS: Jdhn V. Otter -June S. Utter '� LESSEES Nf o Kenneth L. Aschenbre^ner • < v j N. a Sharon Acclienbrenner ess 717, r 2Z/9J9 ti iAA�1ti• ��".�._ v' d ..t �: �� a ...= yJ �7`-' /.� .:r .'ys i i s� �.�..,✓ �.� r� / �-br�: ' 1-, /t: 6:- P� .- L 0 it _41- SUPPLEMENT TO REAL PROPERTY LEASE BETWEEN JOHN V. & JUNE S. OTTER AND KENNETH & SHARON ASCHENBRENNER ENTERED INTO ON OCTOBER �✓f� 1988. IT IS MUTUALLY 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 $ 17Z14 /"' a 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 1983 AND PUT IN SERVICE ON OR ABOUT AUG. 3f 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. s'. 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: 0ohn V. Otter JU S. Otter Witness Witness LESSEES /( -/ 6 'Cr e'l..' Kenneth L. Aschenbrenner Sharon Aschenbrenner U 1 10 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 ASCHENBRENNER, "Lessees", entered into September 12, 1973. 1 The original lease agreement between the parties is dated September 12, 1978 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 the same basis as last year, $5,500.00 cash rent." 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 the Lessee to the Lessor, in full and final payment fnr the 1995 rent in the amount of $5,500.00 , 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 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 payment of $5,500.00 shall be due and payable. LESSORS: Jol n V. Otter June S. Otter LESSEES: �a Kenneth L. Aschenbrenner Sharon Aschenbrenner STATE of IDAHO, COUNTY OF 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. Notary Public Residing at Solst Idaho Commission Expires . �V U d l a 000 COPY CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 OrderNo. !1 , �� �T y y Order No. Date /� Name en A eAi ,t -en 4 et, Address % J 03,11�f 2l I Phone: SOLD BY CASH C.O. D, CHARGE ON ACCT. MDSE. RETD. PAID OUT f!� D - 000- 70/05 ' I c��s58s I I I All claims and returned goods MUST be accompanied by this bill. TAX n n 1 1 S-14 Rgecei TOTAL 7l�) GS -202-2 PRINTED IN U.S.A. J'' PRINTEDWITN '��►yyyyy��n„�I� Q ��—llgU/ a�JSOYINK,. may, r KENNETH ASCHENBRENNER SHARON ASCHENBRENNER 4990 N MERIDIAN RD 888-3580 4Q MERIDIAN, ID 83642 oa PAY TO THE ORDER OF Z,4j• 5585 92-372/1231 3615 DATE I $5��oa�Il se�,uv la�� DOLLARS bank. UBankm24Hour Phone Banking 1-800 US BANKS �077, 4J FOR r -� � . �+ - -� ---- 1: 1: 123 &037291:1533002L332611' 5585 0 w RLAND CEI NOV 2 01997 CITY OF MERMIAN UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY ADA COUNTY FSA OFFICE 30 E. FRANKLIN RD. STE. 70 MERIDIAN, ID 83642-2905 (208) 888-7326 November 10, 1997 CITY OF MERIDIAN Farm Number 2649 MERIDIAN, ID 83642 Dear CITY OF MERIDIAN: You are listed_as_either an Owner or a_Producer on a_Production Flexibility Contract (Form CCC -478) for the Farm Number shown above. For FY 1998, the Contract shows the following Crops, Producers, Producer Payment Shares, and Advance Payment Flags: 1998 ADVANCE PAYMENT PAYMENT CROP PRODUCER SHARE FLAG WHEAT KEN ASCHENBRENNER .0000 N CORN KEN ASCHENBRENNER .0000 N BARLEY KEN ASCHENBRENNER .0000 N The contract shows the following crops and shares are UNDESIGNATED: WHEAT 1.0000 CORN 1.0000 BARLEY 1.0000 Please review the following Attachments for information concerning the Farm Program and instructions concerning the above share information. Sincerely, s/ TERRY P. HENDRIX TERRY P. HENDRIX County Executive Director ADA COUNTY FSA OFFICE Enclosures - Attachment A and B CITY OF MERIDIAN, Farm Number 2649 ATTACHMENT A INFORMATION FACT SHEET FARM SPECIFIC CROP and SHARE INFORMATION The enclosed letter provides specific information about your farm. If all FY 1998 shares are designated, asterisks will print under the UNDESIGNATED section. If any of the shares are shown as UNDESIGNATED, the CCC -478 must be revised if someone is entitled to that payment share for 1998. Please review the information on the enclosed letter carefully. Contact this office immediately to arrange for revising the CCC -478 if any changes should be made to payment shares for 1998. An Advance Payment Flag of "D" indicates an Advance Payment has been requested to be issued on December 15, 1997. An Advance Payment Flag of "J" indicates an Advance Payment has been requested to be issued on January 15, 1998. An Advance Payment Flag of "N" indicates an Advance Payment has NOT been requested for FY 1998. If you do NOT wish to change your Advance Payment Flags listed on the enclosed letter, you do _not need to complete__the_enclosed ADVANCE_ PAYMENT -REQUEST _FORK—If you_,want_to change your Advance Payment request, complete the enclosed ADVANCE PAYMENT REQUEST FORM by checking the applicable box and returning it to the county office. The ADVANCED PAYMENT REQUEST FORM must be received in the county office no later than: * December 1, 1997, if the advance payment is to be issued on December 15, 1997 * December 31, 1997, if the advanced payment is to be issued on January 15, 1998. AMTA FARM PROGRAM INFORMATION The statute provides that advance payments may be issued on either December 15 or January 15 and final payments will be issued by September 30 of each fiscal year. We have no authority to issue advance payments after January 15 of each fiscal year. In order to receive the advance payment for fiscal year 1998, all producers sharing in the contract payment on the farm must sign the contract designating payment shares and provide supporting documentation, if applicable; and request the advance payment, no later than: * December 1, 1997, to receive the December 15, 1997, advance payment * December 31, 1997, to receive the January 15, 1998, advance payment. All other producers sharing in the contract payments on a farm whose payment shares have not been designated for fiscal year 1998, must sign a new contract designating payment shares and provide supporting documentation no later than August 1, 1998, to be eligible to earn a contract payment in fiscal year 1998. Planting fruits and vegetables on contract acreage may adversely affect your program benefits. Please contact this office before you plant or lease land for fruit and vegetable production to discuss acreage reporting requirements and payment consequences. To be eligible for program benefits, you must obtain at least the catastrophic level (CAT) of crop insurance in all counties for each crop of economic significance in which you have an interest or, sign a waiver that waives any eligibility for emergency crop loss assistance in connection with the crop(s). Additionally, you are required to report any activities or changes in your farming operation that may impact your eligibility under Highly Erodible Land Conservation and Wetland Conservation provisions and Payment Limitation and Payment Eligibility provisions. Such changes include, but are not limited to, a change in the structure of your farming operation. Contact the county office if you need additional information. ATTACHMENT B UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY ADA COUNTY FSA OFFICE 30 E. FRANKLIN RD. STE. 70 MERIDIAN, ID 83642-2905 (208) 888-7326 *** ADVANCE PAYMENT REQUEST FORM *** You ONLY need to complete this form if you want to CHANGE a previous request. INSTRUCTIONS: If you are NOT listed on the enclosed letter as receiving a Payment Share for FY 1998, do NOT complete this ADVANCE PAYMENT REQUEST FORM. The Advance Payment Flag only applies to Producers receiving a Payment Share. If you are listed on the enclosed letter as receiving a Payment Share for FY 1998 and you want to leave your request unchanged, you do NOT need to return this ADVANCE PAYMENT REQUEST FORM to the county office. If you would like to change your previous request, please indicate your preference below. Print your name below as it is shown on the enclosed letter and enter the Farm Number(s) from the enclosed letter(s). Sign, date, and mail or deliver this form in time to reach the county office by: * December 1, 1997, if the advance payment is to be issued on December 15, 1997. * December 31, 1997, if the advance payment is to be issued on January 15, 1998. If you request an advance payment NOT be issued, the entire FY 1998 payment will be issued by September 30, 1998. I receive a Payment Share on the Farm Number(s) indicated below and request my Advance Payment for FY 1998: Farm Number(s) be issued on December 15, 1997. be issued on January 15, 1998. not be issued. PRINT your Name Signature Date z- �' AQ. tay6 �_ TY RECi�RM R ,l. DAVio NAVARRO,- BOISE. IDA4 1998 NO 19 PH 1: 4 3 LEASE AGREEMENT RECORDED -REQUEST OF F DEPUTE' 98111250 THIS AGREEMENT is entered into as Of this 4—day of OVembet-, 1998, by and between the City of Meridian, a municipal corporation and government subdivision of the State of Idaho, organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "City of Meridian", whose current address is 33 E. Idaho Ave., Meridian, Idaho 83642, hereinafter referred to as the "Lessor", and Kenneth L. Aschenbrenner, an individual, whose current address is 4990 N. Meridian Road, Meridian, ID 83642, hereinafter referred to as the "Lessee". WITNESSETH: 1. LANDS RENTED: In consideration of the mutual promises and covenants herein including, but not limited to, the rents to be paid and the services to be performed by the Lessee, as subsequently set forth in this Agreement, the Lessor does lease to the Lessee, and the Lessee does lease from the Lessor, the following real and personal property located in the County of Ada, State of Idaho, more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference. 2. TERM OF LEASE: This Agreement shall include all improvements and such water rights, permits and licenses as are essential to the facilitation of the terms of this Agreement now located upon or appurtenant to the described premises from the 1st day of November, 1998, to the 31st day of August, 1999. 3. POSSESSION: For the lease term, Lessee shall be entitled to commence possession upon the date this Agreement has been executed by both the parties hereto. 4. RENT: Lessee covenants and agrees to pay $5,300.00 rent for said 53 acres of the property, due and payable on the 31st August, 1999. LEASE - 1 follows: 5. DUTIES OF LESSOR: Lessor covenants and agrees with Lessee as (a) Lessor will provide to Lessee the above described land and improvements thereon. Lessor shall be responsible for the payment for the land and the payment of real property taxes and other expenses related to providing the land for the Lessee's use. (b) Lessor will provide to Lessee the use of water for the purpose of watering the premises under the water rights appurtenant thereto. All water assessments shall be paid during the term of this Agreement by the Lessor. (c) Lessor shall not be obligated to pay any portion of the production, harvesting, hauling, storage, marketing, or other costs associated with the crops produced on the real properly. (d) Lessor covenants that, upon the Lessee keeping, observing and performing the covenants of this Agreement to be kept and observed, the Lessee shall peacefully and quietly possess and hold the premises throughout the term of this Agreement without interruption from Lessor, his successors or assigns, and Lessor shall defend Lessee's right of possession against such person. (e) Crop insurance shall be at the option of Lessee. (f) Lessor will perform all of the covenants of this Agreement in a timely manner and as required by this Agreement and will hold the Lessee harmless for any loss occasioned by the failure of the Lessor to thus perform. follows: 6. DUTIES OF LESSEE: Lessee covenants and agrees with Lessor as (a) Lessee will pay the rent herein reserved to be paid by him in the manner herein provided. LEASE - 2 (b) Except as otherwise specifically provided in this Agreement, Lessee will pay all expenses and costs of operation arising out of the leasing, farming, producing and harvesting of the crops to be grown upon the leased premises under this Agreement. (c) Lessee will farm the leased premises in a farmer -like manner. (d) Lessee shall be responsible to maintain all irrigation ditches in as good condition as they are at the outset of this Lease, normal wear and tear excepted. (e) Lessee shall pay all electrical expenses for irrigation pumps associated with the irrigation of the lease premises. (f) Lessee will permit the Lessor, his agent or agents, to enter into and upon the premises and each and every portion thereof at any reasonable time or times, for inspection thereof and of the crops thereon or to make improvements on the property. (g) Lessee will perform all of the covenants of this Agreement in a timely manner and as required by this Agreement and will hold the Lessor harmless for any loss occasioned by the failure of the Lessee to thus perform. (h) Lessee will quit and surrender possession of the premises upon the expiration of said term and hereby waives notice to that effect, except as otherwise specifically provided herein. (i) Lessee shall not permit, suffer, or incur any mortgage or encumbrance on the land herein demised or the improvements thereon. 0) Lessee will return the land in the same condition as when taking possession, normal depreciation excepted. (k) Lessee shall maintain and provide the City of Meridian as an LEASE - 3 additional insured for all premises liability in an amount not less than the amount required by State Law (I.C. 6-926) to be carried to cover statutory liability of the lessor, which is a minimum of $500,000.00 single limit for damages, costs and attorneys fees on account of bodily or personal injury, death, or property damage, or other loss resulting from any one occurrence or accident. Lessee shall also maintain workers' compensation insurance as required by State Law, evidence of such coverage to be provided to the City Clerk by Lessee in the form of a Certificate of Insurance. 7. ASSIGNMENT OR SUBLEASING: Lessee may not assign this Lease, sublease or underlet the demised premises without prior written consent of Lessor. 8. SALE OF LEASED PROPERTY: In the event Lessor shall sell the above-described leased premises, or any portion thereof, during the term of this Agreement or any renewal thereof, Lessor shall make said sale subject to all the terms of this Agreement. 9. AUTHORITY TO LEASE: The Lessor hereby warrants to the Lessee that the Lessor has full and absolute authority to lease the property hereunder and hereby covenants and agrees to save harmless and indemnify the Lessee from all claims of any kind including, but not limited to, attorney's fees and court costs arising out of claims relating to Lessor's authority to lease this property. 10. DEFAULT: In the event either party hereto shall be in default under the terms and conditions of this Agreement, the other party shall give written notice to the defaulting party stating in what respect that party has failed to comply with the terms and conditions of this Agreement. In the event the defaulting party shall fail to comply with the terms of this Agreement so specified within 30 days after the giving of such notice by certified mail, then and in that event, the party giving notice shall have the option and privilege of immediately terminating this Lease and to seek damages. LEASE - 4 11. ATTORNEY'S FEES: In the event either party defaults in the performance or nonperformance of the terms of this Agreement and it shall become necessary to resolve the default by any course of legal action, whether the same be through litigation or by the intervention of attorneys, the party determined to be at fault shall pay to the prevailing party reasonable attorney's fees and all expenses and costs thus incurred. 12. NOTICES: All notices required to be given to each of the parties hereto under the terms of this Agreement shall be given by personal service upon the party to be given notice or by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the addresses hereinbefore stated or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 13. RELATIONSHIP OF PARTIES: Under no circumstances shall the terms of this Agreement be deemed to give rise to a partnership or joint venture relationship between the parties and neither party shall have authority to obligate the other without written consent of the other except as specifically provided in this Lease. 14. CONSTRUCTION: This Agreement is binding upon the heirs, personal representatives, administrators, successors or assigns of the parties and wherever the context uses the singular it shall include the plural and vice versa. 15. MANAGEMENT DECISIONS: Lessee shall manage the operation of the above-described real property as a farming unit during the term of this Lease or any renewal thereof. 16. SEVERABILITY: If any portion or portions of this Agreement shall be, LEASE - 5 for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto. 17. GOVERNING LAW: This Agreement shall be subject to and governed by the laws of the State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 0Kenneth L. Aschenbrenner lityyYCZIerk�A ST: r� �L 1St • ��r'��i�I,LPIOMENT STATE OF IDAHO ) :ss County of Ada ) On this day of�, in the year 1998, before me, the undersigned, a Notary Public, personally appeared Robert D. Corrie, known or identified to me to be the Mayor of the City of Meridian, who executed the instrument or the LEASE - 6 person that executed the instrument on behalf of said municipality, and acknowledged to me that such municipality executed the same. ►�� �V�L 1e°°sl.�. I OTApk %: L ' UBLZG °O OF I :ss County o a ) Ot"n r� Notar&ubliUor Idaho Commission expires: On this day of elLU , in the year 1998, before me, the undersigned, a Notary Public, personally appeared Kenneth L. Aschenbrenner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary(Public Mr Idaho Commission expires: I d ICSC G ' tpti Oma. 40�'�'E�R1Pl�@t' glr.lse.frm OF LEASE - 7 Legal description to be attached to Aschenbrenner Lease agreement A portion equaling 53 acres of that certain parcel or real property the whole of which is described as the E'/2 of the S.W. 1/4 of the S.E 1/4 of Section 36. Township 4 north Range 1 West, Boise Meridian and the S.E. 1/4 of the S.E. 1/4 of Section 36 Township 4 North, Range 1 West Boise Meridian, the portion being excepted from the leased premises is the building site on the South East Corner of the real property and the area occupied by the water reservoir and facilities all of which is depicted on the Aerial photo map attached hereto. EXHIBIT "A" 20, mW A00 RAY N