23-2368 Lease Farm Agreement Louie Asumendi CITY OF MERIDIAN RESOLUTION NO. 23-2368
BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN,
OVERTON, PERREAULT, STRADER
A RESOLUTION APPROVING A FARM LEASE AGREEMENT BETWEEN THE CITY OF
MERIDIAN AND LOUIE ASUMENDI CONCERNING APPROXIMATELY FORTY (40)
ACRES OF REAL PROPERTY LOCATED ON N. TEN MILE ROAD,NORTH OF W. USTICK
ROAD, IN THE CITY OF MERIDIAN, IDAHO; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST SAID FARM LEASE AGREEMENT ON BEHALF OF
THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Meridian("City") owns approximately forty(40) acres of real
property located on N. Ten Mile Road near the City's wastewater treatment facility ("Land")that is
being held for long-term facility expansion; and,
WHEREAS,under a previous lease between Louie Asumendi ("Asumendi") and the City,
Asumendi has farmed the Land, maintained it in good order, controlled the weeds, maintained the
ditches, and provided good overall stewardship; and,
WHEREAS,because the City has no immediate plans to utilize the Land, and Asumendi
desires to continue to lease the Land for farming operations, the parties desire to voluntarily enter into
a new lease ("Farm Lease Agreement" or"Agreement");
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO AS FOLLOWS:
Section 1. That the Land is not otherwise needed for municipal purposes at this time.
Section 2. That the terms of the Farm Lease Agreement, entered into contemporaneously
herewith, are just and equitable, and the Agreement is hereby approved as to form and content.
Section 3. That the Mayor and City Clerk be, and hereby are, authorized to respectively
execute and attest said Farm Lease Agreement for and on behalf of the City.
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 17th day of January 2023.
APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of January 2023.
APPROVED: ATTEST:
Mayor Robert E. Simison Chris Johnson, City Clerk
RESOLUTION AUTHORIZING FARM LEASE AGREEMENT WITH LOUIE ASUMENDI PAGE I OF I
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MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Consent Agenda
From: Laurelei McVey, Public Works Meeting Date: January 17, 2023
Presenter: NA Estimated Time: NA
Topic: Farm Lease Between the City of Meridian and Louie Asumendi for farming of 40
acres of City owned land adjacent to the WRRF for 2023.
Recommended Council Action:
Move to authorize the Mayor to sign the Farm Lease.
Background:
The City Public Works Department wishes to enter into a farm lease with Louie Asumendi to farm
the vacant 40 acres of City owned property adjacent to the WRRF. Mr.Asumendi will pay the City
$6,000 for the ability to farm this parcel of land in 2023. This lease is also beneficial to the City as
it allows this currently vacant land to be maintained throughout the year. In the future, the City
will utilize this land for expansion of its WRRF facility.
Questions related to this agreement should be directed to Laurelei McVey, Public Works,
lmcvey@meridiancity.org, 208-985-1259.
FARM LEASE
(Approximately 40 Acres-
Public Works Property -Ten Mile Road)
THIS FARM LEASE ("Lease"), made effective the 1St day of January, 2023, by and between The City
of Meridian, an Idaho municipal 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 49 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, 2023 through
December 31, 2023 ("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 manner and at the time herein specified, at the rate of $150.00 per acre for a total sum of
$6,000.00 ("Rent") payable on the earlier of December 15. 2023. 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. ACCESS ROAD. Landlord is authorized, but not required, to relocate the existing access road
from N. Ten Mile Road via a property boundary adjustment during the Lease Term. Landlord and
Tenant hereby agree to amend this Lease, including Exhibit A, if necessary to reflect the access road
relocation.
5. 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
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
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 Fed, Nampa, Idaho 83651
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 Leese 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
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 1-17-2023
Attest:
City Clerk Chris Johnson 1-17-2023
TENANT: LOUIE ASUMENDI
By:
FARM LEASE
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EXHIBIT A TO FARM LEASE