Res 2014-064/Ag Lease Agreement with Jansen Family Farms

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THE STATE OF TEXAS LEASE OF CITY PROPERTY FOR COUNTY OF HAYS AGRICULTURAL USE KNOW ALL PERSONS BY THESE PRESENTS: This lease pertains to the agriculture use of certain lands, located at the City of San Marcos Wastewater Treatment Plant, situated in Hays County, Texas. The lease is made and entered into by and between the City of San Marcos, a Texas municipal corporation, ( "Lessor ") and Jansen Family Farms, Inc., ( "Lessee "). 1. DESCRIPTION OF LEASED PROPERTY The leased property consists of 87.1 acres, more or less, of lands (the "Leased Premises ") which are denoted by the accompanying map attached as Exhibit "A -1" and incorporated in this Lease and made a part for all purposes. Lessor leases the Leased Premises to the Lessee in accordance with this Lease. 2. TERM OF THE LEASE This lease shall commence on September 2, 2014 and continue until August 31, 2019. This Lease may be extended for one (1) additional five (5) year period, provided all terms and conditions remain in full force and effect except for the lease period being extended. This option, if exercised, is to be executed in the form of a letter of lease, to be issued no sooner than ninety (90) days prior to expiration of the Lease, nor later than (30) days of the end of the lease period. This option to renew requires the mutual agreement of both parties. Refusal by either party to exercise this option to extend shall cause this Lease to expire on the original or mutually agreed upon date. The total period of this Lease, including all extensions as a result of exercising this option, shall not exceed a maximum combined period of ten (10) years. 3. CONDITION OF LEASED PREMISES The Lessee acknowledges that 1) the Lessor makes no representations or warranty regarding the suitability of the Leased Premises for the Lessee's intended purposes, or the presence of environmental, geologic, or other site conditions that may affect the Lessee's use of the Leased Premises; 2) the Lessee accepts full responsibility for determining the suitability of the Leased Premises for its intended purposes; 3) the Lessee has inspected and performed all tests and investigations of the Leased Premises that the Lessee considers necessary to satisfy itself as to the suitability of the Leased Premises for its intended purposes; and 4) the Lessee is accepting the Leased Premises in their present condition, and the Lessee agrees to perform all preparation, repairs, remediation and other activities necessary to use the Lease Premises for the Lessee's intended purposes.