Res 2025-035 approving an Agricultural Lease Agreement with Michael Lehman for the lease of approximately 289.06 acres of city-owned land near the Surface Water Treatment Plant for a term of five years

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Docusign Envelope ID:7AE60DDO-1 D18-4D70-BD04-4760EOB82324 Lessee is accepting the Leased Premises as-is in its 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. 4. RENT The total annual lease fee of Six Thousand One Hundred Five and 00/100 Dollars($6,105.00) for the first year of this lease is due and payable upon the execution of this Lease. Subsequent total yearly paymentswill be made on the anniversary date of each subsequent year. The lease fee shall increase by three (3%) percent per year over the previous year's lease fee. 5. SUB-LEASE OR LEASE TRANSFER It is expressly understood and agreed that the Lessee may not sub-lease any part of the Leased Premises nor may the Lessee transfer the Lease to another party without the prior written consent of the Lessor. Consent to such sub-lease or transfer may be given by Lessor only if the third party agrees, in writing, to accept and abide by all of the provisions of this Lease. 6. DEFAULT, EARLY TERMINATION AND/OR RECAPTURE A. In the event either party should violate any term or provision of this Lease, the party not in default shall give the defaulting party notice, and if such default complained of shall, in fact, constitute default, and unless the same is not corrected within fifteen (15) days after the date of receipt of such written notice, then the party not in default shall have the option to terminate this Lease, and in the event of such termination, Lessee shall return the Leased Premises to Lessor in as good a condition as it was at the beginning of this Lease except for any changes brought about by weather conditions, harvesting of crops and other conditions beyond Lessee's control. B. In the event Lessor terminates this Lease under the provisions of this Section 6, Lessor shall account to Lessee for the fair market value, as determined by the Lessor, of any agricultural products growing at the time of such termination less any damages or expenses incurred by Lessor in tending, harvesting and marketing same, such accounting to occur at the time any such crops are marketed, and Lessor agrees to market crops as promptly as it can reasonably be done. Lessor shall have,and is given and granted, a first and superior lien upon all agricultural crops raised and produced on the Leased Premises,to secure the payment and performance of all obligations to be paid and/or performed by Lessee.