Lease Agreement with Kenneth L AschenbrennerJ.El L) vAR RQ.
G3iCE.lr)Ai� 0
1998 Pj0 19 PM 1: 4 3
LEASE AGREEMENT
RECORDED-REGUEST OF
F
98111250
THIS AGREEMENT is entered into as of this 4�day of AlPyekn bei ,
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
EASE:
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.
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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
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.
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(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
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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.
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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,
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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.
4,,,%kA11Mt'►►lff,,,,Kenneth L. Aschenbrenner
AT ST:
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i ty Clerk �' , _ SEAL
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STATE OF IDAHO )
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County of Ada ])
On this �"1 day of06L�, 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
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person that executed the instrument on behalf of said municipality, and acknowledged
to me that such municipality executed the same.
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Nota ubli or Idaho
Commission expires: ol 1 L�-
On this day of 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.
Ise.frm
OF
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Notary Public Mr Idaho
Commission expires: C
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 1/2 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.
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