Resolution - 2020 - 20-12 - Lease Of Westpark Property For Farming - 04/28/2020 RESOLUTION NO. 20-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAGLE, IDAHO RELATING
TO THE LEASE OF REAL PROPERTY; AUTHORIZING THE MAYOR TO SIGN A FARM
LEASE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho ("City") owns real property commonly referred to
as the Westpark Property;
WHEREAS the City has plans to develop the Westpark Property into a city park in the
future however there are no plans to construct or improve Westpark in 2020;
WHEREAS, Idaho Code Section 50-1407 provides that the mayor and City Council may
by resolution authorize the lease of real property not otherwise needed for city purposes;
NOW, THEREFORE, it is hereby RESOLVED by the City Council of the City of Eagle,
Idaho as follows:
Section 1: The City Council finds that the Westpark Property is not needed for city
purposes this calendar year and therefore it is in the best interest of the citizens of the City of
Eagle to lease Westpark Property for farming operations this calendar year;
Section 2: The City Council authorizes the Mayor to execute that certain Farm Lease
Agreement attached to this Resolution as Exhibit 1.
Section 3: This Resolution shall take effect and be in force immediately upon its passage
and approval.
t24
Passed and approved this,094 day of April , 2020.
By
Awn Fierce, Mayor
ATTEST: ��s,,.,+�,�.,,�
�t� O F •��a
. Jr.
aron B g ann, City ! =z.
* �_ * :
SEAL
RESOLUTION No. 20-12 ''•.,� OF IV,;••'�
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Exhibit 1
FARM LEASE AGREEMENT
This FARM LEASE AGREEMENT (the "Lease"), is made and entered into between City of
Eagle, an Idaho municipal corporation (hereinafter referred to as "Lessor"), and Brig Steele, an
individual (hereinafter referred to as "Lessee").
RECITALS
WHEREAS, Lessor is the owner of certain real property consisting of approximately 34.57 acres
located on Floating Feather Road which is intended to be developed as a city park in the future;
WHEREAS, Lessor is desirous of leasing the real property to Lessee upon the terms and
conditions as contained herein; and
WHEREAS, Lessee is desirous of leasing the Premises from Lessor on the terms and conditions
as contained herein;
AGREEMENT
NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereto hereby agree as follows:
1. Incorporation of Recitals: The above Recitals are a material part of this Agreement and
are incorporated into the Services of this Agreement by reference as though they were fully set forth
herein.
2. Leased Premises: The property being leased to Lessee under this Lease is commonly
known as 0000 W. Floating Feather Road, Eagle, Idaho and legally described in Exhibit A ("the Leased
Premises") attached hereto and fully incorporated herein.
3. Term: The term of this Lease shall be for a period from April 29, 2020 and terminating
on December 31, 2020. There shall be no holdover tenancy.
4. Rent: Lessees agree to pay as rent for the Leased Premises the sum of One Dollar
($1.00) due upon execution of this Lease.
5. Use of Leased Premises: The Lessee agrees to use the Leased Premises solely for the
purpose of planting, growing, and harvesting those crops which are mutually agreed upon between the
Lessee and Lessor.
6. Lessee's Oblitations: Lessee covenants and agrees during the term of this Lease that he
shall do (or refrain from doing) the following at his sole cost and expense:
a. Provide the labor necessary to maintain, repair and replace the Leased Premises in as good
condition as it was at the beginning of the term of this Lease.
FARM LEASE AGREEMENT-1
b. Use the Leased Premises in a farmer-like manner consistent with established fanning
practices and will do the plowing, seeding, cultivating and harvesting in a manner that will
conserve the Leased Premises to the fullest extent possible.
c. Use and apply only those chemicals and fertilizers for crop growing related operations that
are approved by federal and state environmental agencies including, but not limited to,the
Environmental Protection Agency and Idaho Department of Environmental Quality.
d. Maintain any ditches used in irrigating the Leased Premises, including any ditches leading
from the canal company lateral or laterals. Lessee shall also maintain all pumps,panels,
motors, and mainline,used in irrigating the Leased Premises.
e. Keep and maintain any sprinkler or irrigation equipment, fences, and structures located on
the Leased Premises in good condition and repair.
f. Shall not cause of permit the generation, storage or disposal of hazardous materials on the
Leased Premises.
g. Shall not cause or peirnit any liens, encumbrances or security interests to attach to, or to
remain against the Leased Premises.
h. Keep the Leased Premises free and clear of all noxious weeds and take all reasonable
measures to prevent noxious weeds from going to seed on the Leased Premises.
i. Shall not commit or allow to be committed any waste upon the Leased Premises or
commit any public or private nuisance which is unlawful.
7. No Guarantee of Sufficient Water: LESSEE EXPRESSLY AGREES AND
ACKNOWLEDGES THAT NO PROVISION OF THIS LEASE SHALL BE CONSTRUED AS
REQUIRING LESSOR TO FURNISH OR GUARANTEE TO LESSEE ANY AMOUNT OF WATER,
IT BEING EXPRESSLY UNDERSTOOD THAT LESSOR MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER AS TO THE ADEQUACY OR QUALITY OF ANY
PRESENT OR FUTURE SOURCE OF WATER.
8. Right of Entry: Lessor reserves the right upon providing prior notice to enter the
Leased Premises at all reasonable hours for the purpose inspecting the condition of the Leased Premises.
9. Assignment or Subletting: Lessee shall not sublet the Leased Premises, or any part
thereof, or assign this Lease without Lessor's prior written consent.
10. Insurance: Throughout the term of this Lease, Lessee shall provide and keep in force for
the benefit of Lessor and Lessee, a minimum of$1,000,000 in commercial general liability insurance to
cover all liability arising from Lessee's operation and possession of the Leased Premises. The
commercial general liability insurance policy shall name Lessor as an additional insured. Within ten
(10) days of the Parties' execution of this Lease, Lessee shall provide Lessor with a certificate of
insurance or other proof of insurance evidencing Lessee's compliance with this Paragraph 10.
FARM LEASE AGREEMENT—2
11. Indemnity: Licensee hereby agrees to protect, defend, indemnify and hold harmless
Licensor, from and against any and all liabilities, costs and/or expenses including, without limitation,
reasonable attorneys' fees, in connection with damages, losses, injuries, and/or death to persons which
may be asserted against Lessor, Lessor's employees, representatives, and/or agents, arising out of or in
relation to the use of the Leased Premises by Lessee except to the extent (if any) such liabilities, costs or
expenses are caused by, arise out of, result from or relate exclusively to Licensor's own negligence or
intentional misconduct.
12. Default: If Lessee is in breach or default in any terms, covenants or conditions of this
Lease, and fails to cure such breach or default within ten (10) days of receiving written notice thereof,
Lessor shall exercise all legal remedies available to Lessor.
13. Notice. All other notices required to be given by either of the Parties shall be in writing
and be deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
City of Eagle Brig Steele
City Clerk's Office 801 E. Beacon Light Rd.
Attn: Sharon Bergmann Eagle, ID 83616
P.O. Box 1520
Eagle, ID 83616
14. Holdover Tenancy: If the Lessee fails to surrender possession of the Leased Premises
on the date provided herein for the termination of this Lease term, and the subsequent holding over by
Lessee results in the creation of a one (1) year tenancy, Lessee agrees to pay Lessor monthly rental of
Four Thousand Dollars ($4,000.00) per month, payable on the first (1st) day of each month during the
year tenancy. All other terms and conditions of this Lease shall remain in force during any holdover
period.
15. Complete Agreement: This Lease supersedes all prior agreements between the Parties
concerning the rental of the Leased Premises. Any statements, representations, promises, or
inducements that are not contained in this Agreement are not valid or binding on the Parties
16. Governing Law and Enforcement: This Lease shall be governed by and
construed in accordance with the laws of the State of Idaho. The Parties submit to the jurisdiction of
Idaho courts and agree that proper venue for any suit concerning this Lease shall be in the Fourth
Judicial District of the State of Idaho, in and for Ada County.
17. Attorneys' Fees: Should any dispute arise concerning the enforcement or interpretation
of this Lease, the prevailing party in such dispute shall be entitled to reasonable attorneys' fees and costs
incurred in enforcing or defending this Lease.
18. Construction of Agreement: This Lease shall not be construed for or against any party
based upon its preparation, but shall be construed as if all Parties, and each of them,jointly prepared it,
and any uncertainty or ambiguity shall not be interpreted against any one party.
FARM LEASE AGREEMENT-3
19. Severability: If any provision of this Lease shall be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not be impaired or affected in any
way. Further, the Parties agree that those provisions, if any, found to be invalid, illegal or
unenforceable, shall be modified by the Court, to conform to the most expansive permissible reading
under the law.
20. Approval: The Parties each acknowledge that this Lease, even though agreed upon by
Lessor's representatives, is not binding upon the Lessor until such time as the Eagle City Council
approves this Lease and authorizes the Mayor to execute this Lease on behalf of the City of Eagle.
IN WITNESS WHEREOF, the Parties have executed this agreement on April , 2020.
CITY OF EAGLE: Brig Steele
Lessor Lessee
Jason Pierce, Mayor Print:
Date:
ATTEST:
Sharon K. Bergmann, City Clerk/Treasurer
FARM LEASE AGREEMENT-4
EXHIBIT A
(Legal Description)
W. Floating Feather Road
Eagle, Idaho
Parcel # SO412110064
Par# 0664 of E2NE4
SEC 12 4N 1W
#0660-B
A parcel of land located in the Northeast quer of the Northeast quarter and in the Southeast
quarter of the Northeast quarter of Secilon 12,Township 4 North, Range I West.Boise Meridian,
Ada County, Idaho,and more particularly described as foftctws
Commencing at the Northeast coater of Section I2,Township¢North.Range 1 Wcat,Boise
Meridian, the POINT OF BEGINNING;
Thence South on the aecgion line between Section 12,Township 4 North, Range 1 West, Bom
Meridian,and Section 7,Township 4 North,Range 1 Eu. , Boise Meridian, a d&atane*of
approxfmatoly 1650 feet to a point on said mien line;
Thence West on a line running parallel to the section lino between Se,tion 1.Township 4 Nath,
Range i West BoISe MMertdian,and Section 12,Township 4 North,Range 1 West,Bolo hieaidlan,
approximately 1320 fest to a pout;
Then=North 000120" West appsoiimatety 798 1=t to a point on the centerline of the natirn l
drain;
Thence South 85"27' 4" East along said centerline a distance of-395.91 feet mole or 11=3 to a
point;
Thence North 00°09'41" West a distance of 50.44 feet to a 5)8 inch mbar with plash cap;
Thence South 135025709"East along a line approximately 50 feet front the centerline of a drain a
distance of31 1.06 feet to a 518 retch ra&arwihhplastic cap;
Thence North 06°`08'41" West a distance of 860,16 feet to a point on the Northerly vection lino of
Section [2;
Thence North 89'7,13'12" oast a distance of-616.00 feet to the POINT OF BEGINNINO.
FARM LEASE AGREEMENT—5