8.4. SR 12-07-2015 - Laserfiche WebLink

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8.4at1 LEASE THIS LEASE (“Lease”), entered into this 30th day of December, 2015, by and between CITY OF ELK RIVER the , whose address is 13065 Orono Parkway, Elk River, Minnesota 55330 (hereinafter referred to as the “City”) and David Pearson, whose address is 2210 Lake Pulaski Drive, Buffalo, Minnesota 55313 (hereinafter referred to as the “Lessee”). WITNESSETH: 1.Lease Term . City hereby leases to the Lessee 132 tillable acres located within the property legally described in the attached Exhibit “A” and depicted on the map attached th hereto as “Exhibit B” and made a part hereof (“Leased Premises”), from the 30 day of th December, 2015 to the 30 day of December, 2016 (“Term”); or, at which time the Wastewater Treatment Plan expansion project is deemed complete by the City. 2.Rent . Lessee, in consideration of the leasing of the Leased Premises, hereby covenants and agrees to pay to the City annual rental of $15.00/acre (“Rent”) for each year during the term of this Lease. The first year’s Rent shall be payable by Lessee upon execution of this Lease in three (3) installments of $660.00 each due and payable on or before April 1, 2016; August 1, 2016, and December 1, 2016 during the Term of this Lease. 3.Care, Maintenance, Use Covenants . Lessee covenants that Lessee will: (i) farm and care for the Leased Premises in a good husband-like manner, and in accordance with good farming and soil conservation practices; (ii) not commit or permit waste on the Leased Premises; (iii) carefully protect all improvements of every kind that are now on the Leased Premises; (iv) promptly at the expiration of the term of the Lease yield up possession of the Leased Premises, without notice, unto the City in as good condition and repair as the Leased Premises now is or may be at any time during the continuance of this Lease, ordinary wear and tear excepted; and (v) keep the Leased Premises free from all weeds and destroy all weeds along the fences and around all improvements thereon. 4.Hunting/Recreational Rights .This Lease is for agricultural purposes only. No part of this Lease shall be construed to grant Lessee rights to hunt on the Leased Premises or allow others to hunt on the Leased Premises without the written permission of the City. 5.Use of Leased Premises . The City and Lessee shall, as applicable, abide by and conform to all statutes, ordinances, rules and regulations of duly constituted public authorities relating to the use or occupancy of the Leased Premises. Lessee acknowledges that the City has the right to limit crops and cultivating in specific areas to avoid dust, debris, weeds and etc., from affecting abutting parcels or right of way. Lessee further acknowledges that City owns the Leased Premises for the express purpose of spreading bio solids from the City Waste Water Treatment Plant on the Leased Premises, and that Lessee’s use of the Leased Premises is subject and subordinate to City’s use of the Leased Premises for this purpose. Accordingly: (a)City shall have the right to spread bio solids on the Leased Premises each Spring (May or June) and each Fall (September or October);