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15-1095 Approving Lease Agreement with Jesse Carlton for Land on Cherry Lane between McDermott and Black CatCITY OF MERIDIAN RESOLUTION NO. 15 -— BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION APPROVING FIRST AMENDMENT TO A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND JESSE CARLTON 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 S 1204336450, S 1204346615, S 1204346715, S 1204346850, and the west half of parcel no. S 1204336450, which is currently unused by City (hereinafter "Amended 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 Amended Lease Premises to Jesse Carlton 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 the Amended 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 Jesse Carlton; 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 First Amended Lease Agreement attached hereto and incorporated herein between Jesse Carlton 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. ADOPTED by the City Council of the City of Meridian, Idaho, this �� day of October, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this l.G' day of October, 2015. APPROVED: Mayor T4rnmiy de Weerd RESOLUTION AUTHORIZING LEASE TO JESSE ceoAu(.�sVTEST: s City of E RIDIA 11)AH SEAL ee . Holman, City Clerk PAGE 1 OF 1 FIRST AMENDMENT TO LEASE AGREEMENT WITH JESSE CARLTON dba CARLTON FARMS This FIRST AMENDMENT TO LEASE AGREEMENT WITH JESSE CARLTON dba CARLTON FARMS ("First Amendment to Lease Agreement") is made and entered into this V day of October, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Jesse Carlton, on behalf of Carlton Farms, an assumed business name of Jesse Carlton Farms, LLC, a limited liability company whose address is 8760 W. Chinden Blvd., Meridian, Idaho (hereinafter "Lessee"). WHEREAS, on December 4, 2012, City and Lessee entered into a Lease Agreement for real property located on West Cherry Lane, Meridian, Ada County, Idaho ("December 4, 2012 Lease Agreement"); WHEREAS, the lease premises identified in the December 4, 2012 Lease Agreement was thirty- eight (38) acres on parcel nos. S 1204336450, S 1204336500, S 120436615, S 1204346715, and S 1204346850; WHEREAS, the City seeks to amend the lease premises to be twenty-seven (27) acres, to include parcel nos. S 1204336450, S 1204346615, S 1204346715, S 1204346850, and the west half of parcel no. S 1204336450 (hereinafter "Amended Lease Premises"), as depicted in Exhibit hereto; 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 Amended 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 the Amended Lease Premises are not otherwise needed for City purposes at this time, though the parties specifically acknowledge that the Amended Lease Premises are owned by City for the express purpose of developing such land for municipal park use; and WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Amended 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. Section III.B. modified. Section III.B. of the December 4, 2012 Lease Agreement shall read as follows: B. Lessee shall pay to City a total annual lease payment for the entire Amended Lease Premises in the amount of one thousand, three hundred fifty dollars ($1,350.00). The annual lease payment shall be due in full by November 15 each year. Unless either party, between November 15 and December 31, provides to the other written notification of its desire to renegotiate the rental amount for the following year, the rate set forth herein shall apply. If the parties agree upon a rate differing from that set forth herein, such agreement shall be adopted via written addendum to this Agreement. If FIRST AMENDMENT TO LEASE AGREEMENT WITH JESSE CARLTON PAGE 1 OF 3 neither party notifies the other of a desire to renegotiate, upon renewal of the lease term, the most recently agreed-upon rate shall apply. II. Section VI.K. modified. Section VI.K. of the December 4, 2012 Lease Agreement shall read as follows: K. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Lessee: Jesse Carlton Carlton Farms 8760 W. Chinden Blvd. Meridian ID 83646 City: City of Meridian Director, Parks & Recreation Department 33 E. Broadway Ave. Meridian ID 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. III.A11 other provisions in effect. Except as expressly modified by this First Amendment to Lease Agreement or other duly executed addenda, all provisions of the December 4, 2012 Lease Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the December 4, 2012 Lease Agreement or this amendment thereto. 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 esse Carlton 0� A • o••, :E 6` •�. • ti - CITY OF MERIDIAN: BY: Tammy Oe-W,eerc FIRST AMENDMENT TO LEASE STATE OF IDAHO ) ss: County of _ I HEREBY CERTIFY that on this_LL day of October, 2015, before the undersigned, a Notary Public in the State of Idaho, personally appeared Jesse Carlton, 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 ofd is seal, the da year ear in this certificate first above written. w Notary Public fo Idaho Residing at 4 IV, loe& Idaho My Commission Expires: ci - x Attest: Y Mayor E IDIAIJ e e � IDAHO 9 GREEMEtTII JE:SEAULTOI F�•T ,Pv Fh..i !lip 7RE S�G� City Clerk PAGE 2 OF 3 EXHIBIT A AMENDED LEASE PREMISES FIRST AMENDMENT TO LEASE AGREEMENT WITH JESSE CARLTON PAGE 3 OF 3 m a� U - C) - N O W LO W a IL o �-- W Cl) m = W X -i W® W 0 z W Q