11-783 Authorizing Lease to Brian BurrowsCITY OF MERIDIAN RESOLUTION NO. 11- ~- $3
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN
AND BRIAN BURROWS FOR APPROXIMATELY 20 ACRES 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 Parcel no. S 1204336450, approximately twenty (20) acres of which is currentl unused b Cit
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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 Brian Burrows 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 Brian Burrows;
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 attached hereto and incorporated herein between
Brian Burrows 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 April, 2011.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of April, 2011.
APPROVED:
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Mayor Ta ' ~ y de Weerd
RESOLUTION AUTHORIZING LEASE TO BRIAN BURROWS
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LEASE AGREEMENT WYTH RR~AN~ B~RRQ'WS
This LEASE AGREEMENT WITH BRYAN BURRawS is made and entered into this
day of April, 211("Effective Date"}, by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho thereinafter "City"}, and Bryan Burrows,
an individual whose address is 873 Lincoln Road, Caldwell, Idaho thereinafter "Lessee"}.
WHEREAS, as depicted on ~achib~~ A hereto, the City awns real property located on west
Cherry Lane, Meridian, Ada County, Naha, identified as Parcel no. S 124433450 ,approximately
twenty (20) acres of which is currently unused by City thereinafter "Lease Premises"};
'WHEREAS, City is authorized by Idaho Cade 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;
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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 50-140?, the mayor and council hereby resolve
and authorize the lease of Lease Premises to Lessee;
NUW, THEREFHRE, for good and valuable consideration, the receipt and suff ciency 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,
~~. 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 sha11 not include the pasturing ar
presence of cattle, horses, or other livestock or animals; nor sha11 it include Lessee's
participation in government or other agricultural programs or grants; nor shall it include, except
as expressly specif ed herein, any rights to minerals, water, ail, or other extractable product.
Lessee shall not use or permit the use of the premises for any purpose other than crap farming
without the express written consent of City.
IZY. Terrn of lease. The term of this lease shall be from the Effective Date through 11:59 p.m. on
December 31, 2011, unless earlier terminated by either Party by the method established herein.
This lease shall automatically be renewed from year to year thereafter unless written notice of
termination is given by either party to the other at least thirty t3U}days before the expiration of
the initial lease term or any renewal thereof.
LEASE AGREEMENT WITH ARYAN $UItROWS ~'4R FARMrNG BORUP PR4~E~TY PAGE l 0~' 7
weather excepted. Lessee agrees to surrender possession and occu anc of the rem'
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peaceably at the termination of the lease and any renewal or extension thereof,
N. Indemnification. Lessee specifically indemnif es City and holds Cit harmless from an
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loss liabilit claim 'ud Y Y
y, ,1 gment, or action far damages or injury to Lessee, to Lessee's
personal property ar equiprr~ent, and to Lessee's employees, agents, ests or invitees
arising out of ar resulting from the condition of the Lease ~Pren~ises ar an lack of
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maintenance or repair thereon and not caused by or arising out of the tortious conduct of
City or its employees. Lessee further agrees to indemnify and bald Cit harmless from an
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loss, liability, claim or action from damages or injuries to persons or ro ert in an wa
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arising out of or resulting from the use and occupancy of the leased premises b Lessee ar
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by Lessee's agents, employees, guests ar business invitees and not caused b or arisin out
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of the tortious conduct of City or its employees. If any claim, suit ar action is f led a ainst
Ci for an loss or claim g
tY y described in this paragraph, Lessee, at City's option, shall defend
City and assume all casts, including attorney's fees, associated with the defense or
resolution thereof, or indemnify City for all such costs and fees incurred b Cit in the
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defense or resolution hereof,
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0. Liability insurance. Lessee shall maintain, and specifcally agrees that Lessee will
maintain throughout the term of this Agreement, liability insurance, in which City shall be
named an additional insured in the minimum amount as specified in the Idaho Tort Claims
Act set forth in Title ~, Chapter 9 of the Idaho Code. The limits of insurance shall not be
deemed a limitation of the covenants ~a indemnify and save and hold harmless City; and if
City becomes liable for an amount in excess of the insurance limits herein provided, Lessee
covenants and agrees to indemnify and save and hold harmless City from and for all such
losses, claims, actions, or judgments for damages ar liability to persons or property. Lessee
shall provide City with a certificate of insurance ar other proof of insurance evidencing
Lessee's compliance with the requirements of this paragraph. Yn the event the insurance
minimums axe changed, Lessee shall immediately submit proof of compliance with the
changed limits,
P. worker's compensation insurance. In the event Lessee hires any person to work an the
Lease Premises, any and all workers shall be covered by worker's compensation insurance,
In such event, Lessee shalt provide. to City a certificate of insurance.
Q, Crop insurance, Lessee may; at Lessee's option, maintain crap insurance far crops planted
on Lease Premises. City shall not maintain crop insurance on Lessee's behalf,
R. Taxes. Lessee shall b~ solely responsible far the payment of taxes awed for any income
realized as the result of activities undertaken pursuant or related to this Agreement,
S, Quiet enjoyrnenf, City hereby agrees that in consideration of Lessee's performance of the
terms and conditions of this Agreement, Lessee may peaceably and quietly have and enjoy
the Lease Premises for the duration of this Agreement,
~, Rights and responsibilities of City, with regard to Lessee's use and occupancy of the Lease
Premises under this Agreement, City shall be responsible far the following,
LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING $QRUP PROPERTY PAGE 4 of 7
A. Ground preparation, City shall plane the ground at Lease Premises to re are the surface
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topography far planting. City shall make no guarantee as to the quality or composition of
the soil at Lease Premises. Following the initial ground preparation, Lessee shall be
responsible for any further dirt work or ground preparation that may be required or desired
by Lessee,
~. Siphon tubes. City shall provide forty (40} siphon tubes for use by Lessee for irri atian of
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craps at Lease Premises,
C. Hitch preparation. City shall clear the waste ditches at Lease Premises to prepare them for
use by Lessee. Following the initial ditch clearing, Lessee shall be responsible for any
further preparation, cleaning, or maintenance that may be required or desired by Lessee or
required by law ar regulation,
D. Assessments; property taxes. City shall pay the regular irrigation district assessments and
property taxes, if any. City shall also promptly authorize excess water delivery if requested
by Lessee. Lessee shall reimburse City for any water use overage costs, if applicable.
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E, Need control,=City shall be responsible for weed, pest, insect, and vermin control on City
property not leased to Lessee hereunder.
F. Right of entry. C1ty and Clty' S Contractors, employees, agents, and invitees, Shall be
authorized to, at all times, to enter the premises for the purposes of inspection for
compliance with the terms of this Lease Agreement and far the exercise of City's rights
hereunder, the posting of notices, and far all other lawful purposes, The parties shall supply
each other with keys and any other instruments necessary to allow mutual entry onto the
Lease Premises.
VI, General provisions,
A. No agency, It is further understood and agreed Lessee shall not be considered an agent
of City in any manner ar for any purpose whatsoever in Lessee's use and occupancy of
the Lease Premises.
B. ~reacb; cure; termination, If Lessee is in breach or default of any of the terms,
covenants ar conditions of this Agreement and Lessee fails or refuses to cure such
breach ar default within ten (10} days of written notice thereof, this Agreement, and all
rights of Lessee in and to Lease Premises, at City's option, maybe deemed terminated
and forfeited without further notice or demand. In the. event of any default ar breach of
this Agreement and Lessee's failure or refusal to cure as hereinbefore provided, City
may, upon three (3}days notice, enter into and upon the premises, take possession
thereof and expel Lessee therefrom, with or without process of law, and without being
guilty of trespass, and without prejudice to any and all other rights and remedies City
may have, In the event of termination of this Agreement, Lessee forfeit any right to
harvest crops planted and any right to the proceeds thereof. Lessee shall be liable far
any damages and any costs, including legal expenses and attorneys' fees, incurred by
City in recovering the Lease Premises hereunder,
I.,~ASE AGREEMENT WITH BRYAN BURRQWS FOR FARMING BQRUP PROPERTY PAGE 5 ~F 7
C, Possession. ~f City, for any reason whatsoever, cannot deliver ssession of h '
po t e sold
premises to Lessee at the commencement of the said term, as hereinbefore s ecified this
lease shall be voidable and p '
City shall not be liable to Lessee for any loss or damage
resulting therefrom..
D. Transfer of property. If City should sell or otherwise transfer title to Lease Premises
this Agreement sha11 be voidable upon transfer of title; at the bu er's or transferee's
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option. As may be practicable under the circuxnstances,Gity shall rovide Written notice
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to Lessee of City's intent to transfer title.
E. No waiver. City's waiver on one or more occasion of any breach or default of an term
covenant or condition of th' Y '
1s Agreement shall not be construed as a waiver of any
subsequent breach or default of the same or a different term, covenant ar condition nor
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shall such waiver operate to prejudice, Waive, ar affect any right or reined Ci ma
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ave under thrs Agreement vv~th respect to such subsequent default or breach b Lessee.
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P. No obYigation. B the granting of this lease, City does not in any Way bar, obli ate
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l1m~t, or cor~vey~y warranty with regard to any action relating to develo meat ox
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operation of said premises, including, but not limited to, annexation, rezone, variance,
permitting, environmental clearance, or any other action allowed or required by law or
conveyed by City Council,
Ci, Attorney fees. Lessee shall be liable to City far all damages and costs, includin le al
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expenses and attorneys' fees, suffered or Incurred by City in the enforcement of any of
the terms, covenants or conditions of this Agreement.
H. No assignment. Lessee shall not assign, sublet or transfer the leased premises, or an
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portion thereof, or cause or suffer any alterations thereto, other than as specified in this
Agreement, Without the express Written consent of City.
1, finding on successors, This Agreement and all terms and conditions hereof shall ap l
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to and are binding upon the heirs, legal representative, successors and assigns of the
Parties,
J. Independent contractor, ~n all matters pertaining to this Agreement, Lessee shall be
acting as an independent contractor, and neither Lessee nor any af~cer, employee or
agent of Lessee sha11 be deemed an employee of City, Lessee shall have no authority or
responsibility to exercise any rights or power vested in City, The selection and
designation of the personnel of City in the performance of this agreement shall be made
by City.
K, Notices. A11 notices to be provided under this Agreement shall be in Writing and
addressed as follows:
Lessee; Bryan Burrows
8730 Lincoln Road
Caldwell, Idaho 83b05
City: City of Meridian
Director, Parks & Recreation Department
LEASE AGREEMENT WITH BRYAN BURROWS FOR FARMING $ORUP PROPERTY PAGE b OF 7
33 East Broadway
Meridian, Idaho 83642
Notices shall be in writing and either personally delivered ar sent by registered or
certified C~,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.
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 Parries agree that the Laws of Ydaho 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
su rsedes an acid all other a cements, leases, or understandings, oral or written,
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Whether previous to the execution hereof or contemporaneous herewith.
Q. Exhibits. All exhibits to this Agreement are incorporated by reference and made a parr
of hereof as if the exhibits were set forth in their entirety herein.
IN WITNESS ~V~ER.EU~', 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:
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~~ Burrows
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CXTY ~F MERIDIAN:
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Tammy de erd, Mayor
Attest;
LEASE AGREEMENT WITH BRYAN BURRQWS FOR FARMYNG $4RUp PROPER7'~'
STATE OF IDAHt~ }
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County of 1f~~, }
I HEREBY CERTIFY that on this ~ ~`~ d of A ril 201 l
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before the undersigned, a Notary Public in the State of Idaho,
personally appeared Bran Burrows, graven to me to be the
person Who executed the said instrument, and acknowledged to
me that he executed the same,
IN'~VY'l"I~IJSS WHEREOF, I have hereunto set my hand and
affixed my offi ial seal, the day and a in this certificate fast
above Written. ~ ~
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Notary Pub c for daho
Residing at ~ ~ ,Idaho
My Commission Expires;
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