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Res 2006-210
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Res 2006-210
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Last modified
1/23/2015 1:11:58 PM
Creation date
12/13/2006 8:57:07 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2006-210
Date
12/11/2006
Volume Book
170
Document Relationships
Res 2013-058/Extension of lease for agricultural use between COSM and Curby D. Ohnheiser
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\City Clerk\03 Resolutions\2010's\2013
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<br />I <br /> <br />premiums for insurance. Any insurance policy required and procured by Lessee shall <br />contain an express waiver of any rights of subrogation by the insurance company <br />against the City. A copy of insurance policy or a certificate of insurance shall be <br />delivered by Lessee to City within ten (10) days of the execution of this Lease <br />Agreement. <br /> <br />VII. <br />INDEMNIFICATION <br /> <br />Lessee agrees to indemnify, defend and hold harmless City, 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 Property for agricultural purposes by Lessee, regardless of whether it <br />is caused in part by City or its officers or employees. <br /> <br />VIII. <br />CONSERVATION PRACTICES <br /> <br />I <br /> <br />Lessee agrees to operate all of the lands described by this Lease Agreement in <br />such a manner as to preserve, maintain and improve the structure and fertility of the soil <br />by using only farming practices recommended by the Soil Conservation Service of the <br />United States Department of Agriculture or some other governmental agency of equal <br />stature. <br /> <br />Fields will be kept clean at the end of the normal growing season and no crop <br />shall be left in the field so as to lead to the infestation of birds, rats or other vermin. <br /> <br />IX. <br />ENVIRONMENTAL HAZARDS <br /> <br />I <br /> <br />Lessee shall not cause or permit any Hazardous Substance to be used, stored, <br />generated or disposed of on or in the Leased Property by Lessee, Lessee's agents, <br />employees, contractors or invitees, without first obtaining City's written consent. If <br />Hazardous Substances are used, stored, generated or disposed of on or in the Leased <br />Property except as permitted above, or the Leased Property become contaminated in <br />any manner for which Lessee is legally liable, Lessee shall indemnify and hold harmless <br />City from any and all claims, damages, fines, judgments, penalties, costs, liabilities or <br />losses including, without limitation, a decrease in value of the demises premises, <br />damages due to loss or restriction of rentable of usable land, or any damages due to <br />adverse impact on marketing of the land, and any and all sums paid for settlement of <br />claims, attorneys' fees, consultant and expert fees, arising during or after the Lease <br />Term and arising as a result of such contamination by Lessee. This indemnification <br />includes, without limitation, any and all costs incurred due to any investigation of the site <br />or any cleanup, removal or restoration mandated by a federal, state or local agency or <br />political subdivision. Without limitation of the foregoing, if Lessee causes or permits the <br />presence of any Hazardous Substance on the Leased Property and such results in <br />contamination, Lessee shall promptly, at its sole expense, take any and all necessary <br />action to return the Leased Property to the condition existing prior to the presence of any <br />
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