19-2133 Lease Agreement to Lease Land West Cherry LaneCITY OF MERIDIAN RESOLUTION NO. 19-2133
BY THE CITY COUNCIL:
BERNT, BORTON, CAVENER,
LITTLE ROBERTS, MILAM, PALMER
A RESOLUTION APPROVING A LEASE AGREEMENT TO LEASE LAND OWNED BY
CITY, 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. S1204346615, S1204346715, S1204346850, and the west half of parcel
no. S1204336450which is currently unused by City ("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 Mark Phillips 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 Lease Premises are
not otherwise needed for City purposes; and pursuant to Idaho Code section 50-1407, hereby resolves
and authorizes the lease of the Lease Premises to Mark Phillips;
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 between Mark Phillips and the City of
Meridian, executed contemporaneously herewith, 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 fall force and effect immediately upon its adoption
and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this i2�l day of March, 2019.
APPROVED by the Mayor of the City of Meridian, Idaho, this J 2* day of March, 2019.
APPROVED:
Ciw of
IVA".'Vl lul y uQv rr vvCl'�� m 104L11;0 +�SIG&HILLIPS,
�SEAL
RESOLUTION AUTHORIZING LEASE TO °rhe rRFns�%
ATTES
w
y Coles, eity Clerk
PAGE I OF I
LEASE AGREEMENT FOR WEST CHERRY LANE PROPERTY
This LEASE AGREEMENTF%RrS CHERRY LANE PROPERTY is made and
entered into this i' day ofib tween the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City"), and Mark Phillips, an
individual whose address is 7650 N. Star Road, Meridian, Idaho ("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. S1204336500, S120436615,
S 1204346715, S 1204346850, and S 1204336450;
WHEREAS, approximately twenty-seven (27) acres of such real property, including parcel
nos. S 1204346615, S 1204346715, S 1204346850, and the west half of parcel no. S 1204336450, as
depicted in Exhibit A hereto ("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 midnight on January 1, 2019, through 11:59
p.m. on December 31, 2019, unless earlier terminated by either Party by the method established
herein. This lease shall be automatically renewed from year to year thereafter, unless written
LEASE AGREEMENT FOR WEST CHERRY LANE PROPERTY PAGE I OF 7
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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:
Mark Phillips
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CITY OF MERIDIAN:
STATE OF IDAHO
ss:
County of�L� )
I HEREBY CERTIFY that on this a (D day of L'of1da
201(3
before the undersigned, a Notary Public in the So,
personally appeared Mark Phillips, 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 e a d ar i th certificate first
above writt .
Notary Public for Idaho 1_
Residing at `iv46-hm3 �J1. , 1 �'<, Idaho
My Commission Expires: WL `?► t l}�>
The-OBOr )i CwrW %611d.en�
Attest:
LEASE AGREEMENT FOR WEST CHERRY LANE PROPERTY PAGE 7 OF 7
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