170 Land Lease Agreement L.J. Ranches
RESOLUTION NO /10
BY: tlzaflie f((}UYlm~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND
PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO,
ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT
ENTITLED "LAND LEASE AGREEMENT" BETWEEN THE
CITY OF MERIDIAN, LESSEE, AND LARRY D. JAMES, d/b/a
L.J. RANCHES, LESSOR.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to
enter into an agreement with LARRY D. JAMES, d/b/a L.J. RANCHES,
denoted as "LAND LEASE AGREEMENT' a copy of which is
attached hereto marked as Exhibit "A" to this Resolution, the reasons
and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on
behalf of the City of Meridian that certain agreement with LARRY D.
JAMES, d/b/a L.J. RANCHES, entitled "LAND LEASE
AGREEMENT" a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.
RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A LAND LEASE AGREEMENT
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PASSED BY 1HE COUNCIL OF 1HE CITY OF MERIDIAN,
IDAHO, this /J"t day of JejJ--R~6.ef- , 1998.
,
APPROVED BY 1HE MAYOR OF THE CITY OF MERIDIAN,
IDAHO, this ISP day of So/te~hef- , 1998.
ATTEST:
-~
CITY CLERK
090198-FINAL
RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A LAND LEASE AGREEfvffiNT
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LAND LEASE AGREEMENT
T~IS LEA~E, made and entered into this 1L day of ~{JI"j "'" ~f , 1998, byand between
the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, hereinafter
referred to as the Lessee, party of the first part, and LARRY D. JAMES, b/bla L J. RANCHES,
hereinafter referred to as the LESSOR, party of the second part,
WIT N E SSE T H:"
FOR AND IN CONSIOERA TION of the rentals hereinafter provided, and the covenants
and agreements hereinafter set forth, LESSOR hereby leases and demises to Lessee, for the
tenn herein stated, the property, described as the SE X of the NE X of Section 36, Township 4
North, Range 1 West, Boise Meridian, Ada County. Idaho and the S % of the NWX ofthe NE X
of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, which shall
. be hereinafter referred to as the "leased premises" for the convenience of the parties hereto.
This agreement is subject to the following tenns and conditions to which the parties
mutually agree:
TERM: This lease agreement shall be effective from October 1, 1998 to
September 30, 1999, subject to LESSOR'S right to tenninate the tenn of this lease as herein
pelow set forth.
RENTAL: As rental for the leased premises, Lessee agrees to pay LESSOR, at the
address hereafter provided for the giving notice to LESSOR, the sum of TWENTY ONE
THOUSAND AND NO/100 for both parcels, for the tenn of this lease agreement which shall be
paid on or before October 31, 1998.
NO RIGHT OF FIRST REFUSAL ON SALE: In the event LESSOR decides to sell the
above described premises, it is understood and agreed that LESSOR must seil the property
subject to LESSEE'S right to use the property and it is understood that LESSOR has not granted
to LESSEE a right to purchase the property.
USE OF THE PREMISES: It is understood LESSEE may use the property to
deposit, spread, till, plow, disc, or otherwise place on, and/or into, the land and soil of the property
municipal biosolids, which are sewage refuse, and shall have the right to drive vehicles on the
land to place the biosolids on the land. It is agreed that Lessee shall have no right to use any
water or water right that may accompany the land and that Lessee shall put the land to no use
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other than herein stated. It is further agreed that the land is, and shall remain, fallow land.
MAINTENANCE AND REPAIRS: LESSEE shall be responsible for all
maintenance and repairs on the premises associated with the intended use of th~ property.
EXHIBIT "A" TO RESOLUTION NO. 17tO
OF THE CITY OF MERIDIAN
EXPENSES AND UTILITIES: LESSEE shall paY.any and all expenses of any nature
accruing by reason of Lessee's use and occupancy of the leased premises, except that LESSOR
shall pay all real property and/or taxes or assessments that are billed to of for the property.
DESTRUCTION OR DAMAGE: LESSOR shall have the total risk of loss or damage to
t~e leased permises.
EMINENT DOMAIN: In the event that any governmental entity, other than Lessee,
shall take the premises by use of eminent domain, the LESSOR shall receive the value of the
land.
INSURANCE AND INDEMNITY: LESSEE agrees t~at he will, and he does
hereby, indemnify and save LESSOR harmless from all claims, judgements, demands and liability
of any person or parties whatsoever resulting from any occurrence, injury or accident which takes
place during the term of this lease agreement on or about the premises. Lessee shall obtain
liability, premises and on-premises medical insurance insuring lessee with LESSOR named as
" an additional insured on the premises and any buildings located ther.eon, such policy or policies
of insurance shall have a minimum limit of $500,000.00 or such other amount as LESSOR shall
designate. Lessee shall furnish copies of all insurance policies to LESSOR and all renewals
thereof, and shall keep all such policies in a current status.
TERMINATION OF TERM: As stated above in the paragraph TERM, LESSOR may
terminate the term of this lease if Lessee violates any of the terms of this Lease; if the term of the
lease is terminated for the reason herein stated, LESSOR shall refund to Lessee that portion of
the lease payment for the year, on a pro rata basis, for the time p~riod that Lessee was unable to
use the property.
TERMINATION UPON DEFAULT: In the event of default ofthis lease agreement
the LESSOR shall give written notice of such default to the Lessee by postage. prepaid, certified
mail. If the Lessee's violation of the lease shall continue for thirty (30) d<:iys, the lease may at
once" be terminated by a second notice to the Lessee by postage prepaid certified mail that the
lease is terminated: This lease shall terminate as follows:
a)
b)
At the expiration of the tenn provided herein;
Upon determination of the LESSOR that the Lessee has failed to
observe any of the conditions, exceptions or reservations or to fulfill any
of the provisions set out in this agreement;
By the mutual agreement of the parties hereto.
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c)
LEASE AGREEMENT " CITY OF MERIDIAN & L. J. RANCHES
Page - 2
EXlllBIT "A" TO RESOLUTION NO. /7,0
OF TIIE CITY OF lvIERIDIAN
OTHER MATIERS:
- a. Nothing herein co~~ained shall be construed to create the relationship of
partners, joint ventures, or parties to any jOint enterprise in any manner between
LESSOR and lessee. "
b. In construing this Lease, the singular shall include the plural, and the neuter
gender shall include the masculine and feminine, all as the context may require.
c. In the event either party is required to institute any legal action in order to enforce
any of the rights, agreements, covenants or conditions herein contained, the
prevailing party in such litigation shall be entitled to recover such party's
reasonable attorney fees from the other party, together with costs of suit, the
amounts thereof to be fixed by the Court in such legal action.
d. The forbearance or failure of any party hereunder to give prompt notice of default
or termination of this Lease by reason of any act, omission or occurrence, or to
strictly enforce any covenant hereof, shall not be deemed a waiver of any of the
provisions of this lease agreement as regards any other or further such default or
breach, act, omission or occurrence, nor shall consent or approval of LESSOR
given in one instance be construed to waive the necessity for such consent or
approval" as regards any other or further similar act by Lessee, unless such
i~tention be expressly stated in writing by LESSOR.
e. In the event any clause or provision of this Lease is declared by any Court to be
invalid or unenforceable for any reason, such invalid or unenforceable clause or
provision shall not affect the whole of this instrument, but the balance of the
provisions hereof shall remain in full force an effect
f. All of the provisions hereof shall ensure to the benefit of and shall be binding
upon, the heirs, executors, administrators, personal representatives, successors
and assigns of all parties.
NOTICES: All notices hereunder shall be in writing and shall be deemed
given when personally delivered to the party, an employee or managing agent in charge
of the receiving party's business premises at the time of selVice thereof, or when
deposited in the United States mail, postage fully prepaid, by certified mail, addressed to
such other party as follows:
NOTICE TO LESSEE: William G. Bergt Jr.
CITY CLERK
33 E. Idaho
Meridiant Idaho 83642
" LEASE AGREEMENT OCITYOOF MERIDIAN & L. J. RANCHES
EXlllBIT "A" TO RESOLUTI )N N( . .
OF THE CITY OF MERIDIAN 1'70 .
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NOTICE TO LESSOR:
LARRY D. JAMES
2165 Dixie Creek Road.
Cambridge, Idaho 83610
QUIET ENJOYMENT BY LESSEE: Upon performing all of its duties and
obligations hereunder in accordance with the terms and conditions of this Lease, Lessee
shall be entitled to quietly and peaceably have, hold, occupy, possess, and enjoy the
leased premises during the term hereof, without hindrance or ejection by persons lawfully
claiming under LESSOR.
ASSIGNMENT AND SUBLEASE: Neitherthis lease agreement, nor any
interest in the leased premises may be assigned or in any manner transferred by Lessee,
without the prior approval of LESSOR expressed in writing.
IN WITNESS WHEREOF, this lease agreement has been duly executed by the
representative parties, the day and year first above written.
LESSOR: .
CITY OF MERIDIAN, a municipality and
political subdivision of the
ATTEST:
By
Robert D. Come, Mayor .
WirJiam G. Berg, Jr., City Crerk
Approved by the City Council August ,1998.
LESSEE:
. LEASE AGREEMENT CITY OF MERIDIAN & L. J. RANCHES
EXHIBIT "A" TO RESOLUTION NO. .
OF THE CITY OF MERIDIAN (1 t/
Page - 4
STATE OF IDAHO, )
: SSe
County of Ada, )
On this - day of September, 1998, before me, the undersigned, a Notary Public in and
for said State, personally appeared Robert D. Corrie, Mayor, and William G. Berg, Jr., City Clerk,
respectively, of the CITY OF MERIDIAN, a municipality and political subdivision of the State of
Idaho, known to me to be the entity that granted the authority to the said individuals to subscribe
their names to the within and foregoing. instrument in their capacity as Mayor and City Clerk, and
acknowledged to me that they executed the same in the name of the CITY OF MERIDIAN.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this ~rtificate first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at Meridian, Idaho
Notary expires on:
STATE OF IDAHO, )
tj;st'Nflo,.i ss.
County of..Ae&,- (1) Ai.{ r? .. . . .
On thiS~ day of SP,r>4~, 1998, before me, the undersigned, a Notary Public In
and for said State, personally appeared Larry D. James, known to me to be the ,person who
subscribed his m.:me to the within and foregoing instrument and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written..
NOTARY PUBL~C FOR :~7~~ A""' //
Residing at d~~ ;../.4"
Notary expires: jb',. / ~ -:2 O<J..)-
(SEAl.)
LEASE AGREEMENT CITY OF MERIDIAN & L. J. RANCHES
EXIllBIT "A" TO RESOLUTION NO. /7,{)
OF TIIE CITY OF ~RIDIAN
Page - 5
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
:RECEIVED
SEP 0 1 1998
CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of
Meridian, a duly incorporated City operating under the laws of the State of Idaho,
with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records
and minutes and do hereby certify that on the / $7 day of September, 1998,
the following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND
PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO,
ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT
ENTITLED "LAND LEASE AGREEMENT" BETWEEN THE
CITY OF MERIDIAN, LESSEE, AND LARRY D. JAMES, d/b/a
L.J. RANCHES, LESSOR.
BE IT RESOLVED BY TIlE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN; IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to
enter into an agreement with LARRY D. JAMES, d/b/a L.J. RANCHES,
denoted as "LAND LEASE AGREEMENT" a copy of which is
attached hereto marked as Exhibit "A" to this Resolution, the reasons
and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL as follows:
CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
1
1. The Mayor and Clerk are hereby authorized to enter into on
behalf of the City of Meridian that certain agreement with LARRY D.
JAMES, d/b/a L.J. RANCHES, entitled "LAND LEASE
AGREEMENT' and to bind this City to its terms and conditions. ",,"mUff,
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STATE OF IDAHO, ) - ~ ,r,:
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/\ On t is day of September, in the year 1998, before me, II'IIIHI nIU\\\\\
;4h M-S , a Notary Public, appeared
WIILLI G. BERG, JR., known or identified to me to be the City Clerk of the City of
Meridian, Idaho that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
~ 'f~
Notary PU~ ~h~ / /
Commission Expires: ) 0 J S ~O.d
County of Ada,
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CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
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