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HomeMy WebLinkAboutC&E Lands Land Lease 2022FARM TEASE THIS LEASE is effective the 1st day of January, 2022, between BONNEVILLE JOINT SCHOOL DISTRICT NO.93, landowner, and C&E Land, tenant. 1. Description of Propefi. Landlord, in consideration of the agreements and stipulations hereinafter mentioned to be kept and performed by the tenant, does hereby lease to the tenant to occupy and use for agricultural purposes the following estate situated in the County of Bonneville, State of ldaho: approximately 79.5 acres more or less described as: See the attached Exhibit "A" 2. tength of Lease. The tenant to hold the said property, subject to the conditions and limitations hereinafter mentioned, for a term of one year beginning on January 1, 2O22 at 12 a.m. and ending on the 31" day of December, 2022 at L2 a.m., and from year to year thereafter unless written notice of termination is given by either party to the other at least 30 days before termination of this lease or any renewal. 3. Payment ofRent. For the occupancy and useofthereal estate as herein described the tenant agrees to pay the landlord an annual ,"nt fffiiil)his rent shall be due andpayableattheofficesofthelandlordlo..t"u,@ Falls, ldaho 83401 in one installment paid on or before the first day of February of each lease year. Landlord's Contribution. The landlord will furnish the above describes real estate including the improvements thereon only and the tenant shall be solely responsible to provide all other equipment, costs and expense of farming. Tenant's Contribution. (a) The tenant agrees to farm the land in a husband like manner. (b) He will keep the fences, and other improvements in as good repair as they now are, ordinary wear, loss by fire, or unavoidable destruction excepted. (c) He will timely pay all farm and production costs and will not permit a lien to be filed against the property or crops without the express consent of Landlord. System of Farming and Soil Maintenance. lt is agreed that the tillable land on this farm shall be devoted to crops in a reasonable and farm like rotation. FIXEO CASH FARM LEASE. 1 4. 5. 6. /* 7. 8. Care of Property. The tenant agrees to take good care of said premises, to farm the land and to maintain the improvements in a careful and prudent manner and to return the property in as good condition as he found it, ordinary wear and tear or unavoidable casualty, excepted. Right to Make lmprovements and Compensation for Damage. lf the tenant desires to make at his own expense further improvements tenant shall obtain from landlord its written consent to make the improvements. 9. Right of Entry. The landlord reserves the right to enter upon said land to inspect, to make improvements thereon, and for any and all lawful purposes arising from the ownership of the farm so long as it does not interfere with the rights of the tenant as provided in this lease. 10. Yielding Possession at End of Lease. The tenant agrees that at the expiration of this lease he will yield possession of the property to the landlord without further notice and that it will be in good order and condition as when the same was entered by the tenant, loss by fire, or other urravoidable casualty and ordinary wear and tear excepted. 11. Subleasing. The tenant will not release or sublet said property or any part thereof without the written consent oJ the landlord. 12. Hazardous Substances. Tenant shall not use, store, or dispose of any hazardous or toxic substances as defined by applicable Federal or State laws and regulations upon the Property without prior written notice to Landlord. Said notice shall identify the substance to be used, the area in which the substance is to be used, the manner in which the substance is to be stored and applied, and plans to dispose of any excess. Landlord has the option of refusing to consent to such use, storage or disposal of toxic substances. Tenant's failure to comply with such a decision shall constitute a default by tenant. All hazardous or toxic materials shall be used strictly in accordance with all applicable laws, rules and ordinances and Tenant shall not allow any hazardous or toxic substances into the air, ground or water except when allowed by said laws and regulations. Tenant shall also not cause or knowingly suffer any,,prohibited conduct,, (as that term is defined by applicable Federal or State law now existing or as revised or amended hereafter) upon the Property. FIXED CASH FARM LEASE.2 ;*- Tenant shall indemnify and hold harmless from any claim, liability, loss, cost or expense (including but without limitation, attorney's fees) resulting from hazardous or toxic substances placed or used on the property by Tenant. Landlord hereby consents to Tenant's use of chemicals and fertilizers customarily used in farming and ranching operations in this area on the condition that such chemicals and fertilizers are used and stored properly and in accordance with law. Landlord has the right to inspect the property, after adequate notice to Tenant, to determine ifTenant is properly using, storing and disposing of chemicals and other hazardous substances. Other than chemicals and fertilizers customarily used in farming and ranching operations in this area, Landlord disclaims any knowledge or information regarding the existence of toxic or hazardous substances on the property. 13. Attorneys Fees. ln the event an actaon is brought to enforce any ofthe terms or provisions of this Agreement, or enforced forfeiture thereof for default thereof by either of the parties hereto, the successful party to such action or collection shall be entitled to recover from the losing party a reasonable attorney's fee, together with such other costs as may be authorized by law. lN wlrNEss WHEREoF, the parties have signed this lease on the date first above written. TANDTORD: BONNEVITTE JOINT SCHOOT DISTRICT NO.93 a, .%4/'df,,zzz ,n"d Dance Chairman Of the Board Clint Kinghorn ror C&E Land