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Res 2014-065/Ag Lease with Zelhart Cattle Company
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Res 2014-065/Ag Lease with Zelhart Cattle Company
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1/22/2015 3:45:08 PM
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5/14/2014 1:29:42 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2014-065
Date
5/6/2014
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performance of all obligations to be paid and /or performed by Lessee. <br />C. It is further understood and agreed that Lessor may, with sixty (60) days' notice in <br />writing to Lessee, terminate this Lease in respect to any part of the Leased <br />Premises to be devoted to higher valued, non - agricultural uses. Upon termination <br />of this Lease as to any part of the Leased Premises for any reason other than <br />default by Lessee, Lessee shall be reimbursed for that portion of the annual rent <br />paid which corresponds to the percentage of the annual period for which the Lease <br />was terminated multiplied by the product of the number of acres as to which the <br />Lease was terminated and the proportional annual cash rent (as determined by <br />Section 2 of this Lease). Lessee shall also be reimbursed for any loss suffered, <br />such as loss of standing crops other than grasses, or loss of fences or other <br />improvements, from such a termination of the Lease by Lessor. <br />NWL,F- 17:7_n140 <br />A. Lessee shall maintain at its own cost and expense public liability insurance on an <br />occurrence basis with minimum limits of liability in an amount of $100,000.00 for <br />bodily injury, personal injury or death to any one person and up to $300,000.00 for <br />all injuries arising out of each such occurrence, and $100,000.00 for damage to <br />property. Such insurance policy shall contain the endorsement that insurance may <br />not be cancelled or amended with respect to Lessee without thirty (30) days written <br />notice by registered mail to Lessor bythe insurance company, and that Lessor shall <br />not be required to pay any premiums for insurance. Any insurance policy required <br />and procured by Lessee shall contain an express waiver of any rights of <br />subrogation by the insurance company against the Lessor. A copy of insurance <br />policy or a certificate of insurance shall be delivered by Lessee to Lessor within ten <br />(10) days of the execution of this Lease, and annually thereafter. <br />B. The minimum limits of any insurance coverage required shall not limit Lessee's <br />liability under Section 8 of this Lease. <br />8. INDEMNIFICATION <br />Lessee agrees to indemnify, defend and hold harmless Lessor, its officers and <br />employees, from all damages, claims, losses, demands, suits, judgments, and costs, <br />including reasonable attorney's fees, and expenses arising out of or resulting from the <br />use of the Leased Premises for agricultural purposes by Lessee, regardless of whether <br />it is caused in part by Lessor or its officers or employees. <br />9. CONSERVATION PRACTICES <br />A. Lessee agrees to operate all of the lands described by this Lease in such a manner <br />as to preserve, maintain and improve the structure and fertility of the soil by using <br />only farming practices recommended by the Soil Conservation Service of the United <br />
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