20-2251 Approving Farm Lease Agreement with Louie Asumendi Item#18.
CITY OF MERIDIAN RESOLUTION NO. 20-2251
BY THE CITY COUNCIL: BERNT,BORTON, CAVENER,
HOAGLUN,PERRAULT,STRADER
A RESOLUTION APPROVING A FARM LEASE AGREEMENT BETWEEN THE CITY OF
MERIDIAN (LESSOR) AND LOUIE ASUMENDI (LESSEE) FOR APPROXIMATELY 40 ACRES OF
REAL PROPERTY LOCATED ON N. TEN MILE ROAD, NORTH OF W. USTICK ROAD;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID
AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN,IDAHO
WHEREAS,the City of Meridian has recently acquired approximately 40 acres of real property on Ten
Mile Road near the City's wastewater treatment facility that is being held for long term facility expansion; and,
WHEREAS, prior to the City acquiring the property, Louie Asumendi has been farming the premises,
maintaining it in good order, controlling weeds, maintaining ditches, and providing good stewardship of the
land; and,
WHEREAS, the City of Meridian has no immediate plans to use the 40 acres and Louie Asumendi
desires to continue to lease the property for farming operations on an annual basis.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN,IDAHO AS FOLLOWS:
SECTION 1. The 40 acres comprising the Leased Premises is not otherwise needed for City purposes.
SECTION 2. That the terms of the Farm Lease (attached hereto and incorporated herein) between
Louie Asumendi and the City of Meridian are just and equitable, and the same is hereby approved as to both
form and content.
SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively
execute and attest said Lease documents for and on behalf of the City of Meridian.
SECTION 4. 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 22°d day of December,2020.
APPROVED by the Mayor of the City of Meridian, Idaho,this 22"d day of December, 2020.
APPROVED: ATTEST:
By:
Mayor Robert E. Simison City Clerk
Page 438
RESOLUTION FOR APPROVAL OF FARM LEASE
Item#18.
FARM LEASE
(Approximately 40 Acres—
Public Works Property-Ten Mile Road)
THIS FARM LEASE ("Lease"), made effective the 1st day of January, 2021, by and between The
City of Meridian, and Idaho Corporation ("Landlord"), and Louie Asumendi ("Tenant").
RECITALS
A. Landlord is the record owner of certain real property situated in Ada County, Idaho,
as such real property is legally described and generally depicted on Exhibit A ("Premises").
Landlord intends to develop or dispose of the Premises at an undetermined time in the future, as
dictated by Landlord's infrastructure expansion needs and by Landlord's real property requirements
("Development Activity").
B. Tenant is aware of the possible Development Activity and desires to lease the
Premises in order to plant an agricultural crop ("Crop"); and Landlord desires to lease the Premises
to Tenant until such time as Development Activity occurs, according to the terms and conditions
contained herein.
WITNESSETH
1. AGREEMENT. Landlord, for and in consideration of the rents, covenants and agreements
herein described, does hereby lease to the Tenant the approximate 40 acres as shown
crosshatched on Exhibit A for the sole purpose of planting a Crop(s).
2. TERM. Tenant shall Lease said Premises for a one year period, from January 1, 2021
through December 31, 2021 ("Term"), unless otherwise terminated as provided herein.
Notwithstanding the foregoing, the Term shall expire five (5) days following Tenant's ordinary course
of harvest or removal of the Crop.
3. RENT. Tenant does hereby covenant, promise and agree to pay to the said Landlord as rent
in the man er and at the time herein specified, at the rate of $ IT6 .00 per acre for a total
sum of$ � 000 z< ^'�,.00 ("Rent") payable on the earlier of December 15, 2021, or within ten (10)
days following harvest or removal of the Crop. Rent shall be paid to Landlord at The City of
Meridian, 33 East Broadway Ave, Meridian, ID 83642.
4. RESERVED.
6. TAXES AND EXPENSES. Landlord shall pay when due all real property taxes and all
irrigation district assessments. The Tenant shall pay all personal property taxes levied and
assessed against the Tenant's fixtures, equipment and other property on the Premises. Tenant
agrees to perform all labor and pay all expenses connected with the farming of said Premises,
including all operation costs, repairs, and electric utility expenses.
6. CARE OF PREMISES. Tenant agrees that he will maintain the Premises in good order and
in neat and farm-like condition and further agrees:
6.1 To control all weeds (noxious weeds included) growing on the Premises in a
good and farm-like manner including but not limited to those growing in, along and around
cultivated fields, roadways, ditches, drains, and fences. Tenant shall also be responsible for
FARM LEASE Page 439
Item#18.
the eradication and control of any rodents on the Premises. If Tenant defaults hereunder,
Landlord shall have the right after three days written notice served on the Tenant to control
such weeds (noxious weeds included) and gophers and the cost thereof shall be borne by
the Tenant as additional Rent.
6.2 To clean out and keep in good repair all ditches and drains on said Premises
used for irrigation purposes, all necessary materials and labor to be furnished at Tenant's
expense.
7. IMPROVEMENTS. Except as otherwise provided herein, Landlord shall be entitled to enter
the Premises to demolish, remove and/or alter all outbuildings, improvements, or its personal
property on the Premises. Tenant agrees to cooperate with Landlord in any such action, including
the moving of its farm equipment, so long as such cooperation is at no cost to Tenant.
8. RIGHT OF ENTRY. Upon five (5) days' notice, Landlord and Landlord's employees, agents
and contractors, shall be entitled to enter the Premises to conduct surveys, studies, testing,
demolish improvements, or for any other action related to Landlord's Development Activities.
9. SURRENDER OF POSSESSION. At the termination of the Lease Term, Tenant shall quit
and surrender possession of the Premises to Landlord, removing all personal belongings and
leaving the Premises in as good a state and condition as reasonable use and wear thereof will
permit (damages by the elements excepted). Tenant will leave the irrigation systems (including any
pump and controls) in an operating condition on the Premises. Landlord's Development Activity is
dictated by many factors; and as such, Tenant shall not prepare or improve any portion of the
Premises in anticipation of leasing the Premises for another term. Any improvements made to the
Premises after harvesting said Crop shall be at Tenant's own risk and expense.
10. HAZARDOUS WASTE. The Tenant shall not cause or permit any hazardous substance(s)
to be used, stored, generated or disposed of on or in the Premises, without first obtaining the
Owner's written consent. Notwithstanding the Owner's consent, if any hazardous substance(s) is
used, stored, generated or disposed of on or in the Premises by the Tenant, such usage, storage,
generation and disposal shall, in all respects, be in strict accordance all federal, state and local laws,
statutes, ordinances and regulations. If the Premises become contaminated in any manner for
which the Tenant is liable, the Tenant shall indemnify, defend, save and hold the Owner harmless
from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses arising
during or after the Term and arising as a result of that contamination by the Tenant. As used herein,
"hazardous substance" shall mean any hazardous or toxic substance, material or waste which is or
becomes regulated by any local governmental authority, the State of Idaho or the United States
Government.
11. INSURANCE. Tenant shall indemnify, defend, protect, and save Landlord from all actions or
claims for personal injuries or property damage sustained upon the Premises and predicated upon
the Landlord's ownership of the Premises. Tenant agrees to secure and keep, in full force and effect
from and after the date Landlord first allows Tenant on the Premises, broad form general liability
insurance insuring for death, bodily injury and property damage in the combined single limit amount
of at least one million dollars ($1,000,000). The policy shall name Landlord and Tenant as insured
and shall further name The City of Meridian as an additional insured. A copy of the policy or
Certificate of Insurance shall be delivered to Landlord, at 33 E. Broadway Avenue, Meridian, ID
83642. Tenant shall also secure and keep in force Workers' Compensation or similar insurance to
the extent required by federal, state and local law.
FARM LEASE
Page 440
Item#18.
12. NOTICES. Whenever any notice, approval, consent, request or election is given or made
pursuant to this Lease, it shall be deemed delivered when (i) it is in writing and personally delivered
(ii) 2 business days after deposit in the United States mail, postage prepaid, certified or registered
mail, return receipt requested and addressed to the party at the address set forth below; (iii) 1 day
after deposit with a reputable overnight courier service (such as Federal Express), delivery charges
paid, receipt confirmation requested, and addressed to the party at the address set forth below. The
addresses below shall be used for notice under this section unless Owner or Tenant provides notice
under this section of an alternate address or facsimile number.
Tenant: Louie Asumendi
Address: 8620 Ustick Rd, Nampa, Idaho 1 Q
Landlord: The City of Meridian, Department of Public Works
Address: 33 E. Broadway Ave, Meridian, Idaho 83642
13. DEFAULT. Tenant's use of the Premises in any unlawful manner shall be deemed a breach
of the Lease and cause Tenant to forfeit all Tenants' rights under this Lease. The Lease shall be
immediately terminated at no expense to Landlord. It is further agreed that if any rent shall be due
and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be
lawful for Landlord to re-enter the Premises and remove all persons therefrom and at its option,
terminate this Lease, after first giving Tenant written notice of the matter in which he is in default and
a lapse of 15 days without Tenant having removed and corrected default.
14. LIENS. Tenant agrees not to cause or permit any liens to be placed on the Premises during
the Lease term. Any liens on the Premises caused by Tenant shall be considered a breach of this
Lease and shall be removed immediately at Tenant's sole cost and expense.
15. ASSIGNMENT SUBLEASE SUCCESSION. Tenant shall not assign, lease or sublease
any portion of said Premises; or permit any other person or persons to occupy or improve the same,
or make or suffer to be made any alterations thereon. This Lease shall be binding upon and shall
inure to the benefit of the respective heirs, personal representatives, successors and assigns of the
parties.
16. HEADINGS. The headings, title and captions used in this Lease are for convenience only
and are not part of this Lease.
17. LEGAL FEES AND COSTS; VENUE. If either party shall default under this Lease and said
default is cured with the assistance of an attorney for the other party, as a part of curing said default,
the reasonable attorneys' fees incurred by the other party shall be added to the balance due and
payable or, in the case of a non-monetary default, shall be paid to the other party upon demand. In
the event suit or action is filed by either party against the other to interpret or enforce this Lease, the
unsuccessful party to such litigation agrees to pay to the prevailing party all costs and expenses,
including attorneys' fees incurred therein, including the same with respect to an appeal. The Parties
agree that the laws of Idaho shall govern the interpretation of this Agreement and that venue shall
be in Ada County, Idaho.
FARM LEASE Page 441
Item#18.
18. ENTIRE AGREEMENT. This Lease, including the exhibits attached hereto, contains the
entire agreement between the parties as of the date of this Lease and the execution hereof has not
been induced by either party or any agent of either party, by representations, promises,
undertakings not expressed herein. There are no collateral agreements, stipulations, covenants,
promises, inducements or undertakings whatsoever between the parties concerning the subject
matter of this Lease which are not expressly contained herein. This Lease may only be amended by
written document signed by both parties.
19. SIGNATURES; COUNTERPARTS. This Lease, and all ancillary documents executed by
the parties in connection herewith, may be executed by electronic signature and/or in multiple
counterparts, each of which shall be deemed to be an original but all of which, together, shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the
day and year the Lease first above written.
LANDLORD: CITY OF MERIDIAN
By:
Robert E. Simison, Mayor
Attest:
City Clerk
Chris Johnson
TENANT: LOUIE ASUMENDI
By:
ignature
FARM LEASE
Page 442
Item#18.
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EXHIBIT A TO FARM LEASE
Page 443