2017-01-17 Dan NixonBLAIR AIRPORT AUTHORITY
FARM LEASE — CASH
THIS LEASE ("Lease') is made between City of Blair Airport Authority, (`Landlord"),
whose address for the purpose of this Lease is City of Blair, 218 South 16th Street, Blair, NE
68008, and Dan Nixon, ("Tenant"), whose address for the purpose of this Lease is 9805 County
Road P26, Blair Nebraska, 68008.
THE PARTIES AGREE AS FOLLOWS:
1. PREMISES AND TERM. Landlord leases to Tenant the following real estate
situated in Washington County, Nebraska (the "Real Estate"):
See map attached hereto as Exhibit A and full incorporated herein by reference.
USDA Farm Service Agency farm numbers are 4208, 4587, and 4588.
and Containing 128 acres, more or less, with possession by Tenant for a term of four (1) years to
Commence on March 1, 2017, and end on February 28, 2021. The Tenant has had or has been
offered an opportunity to make an independent investigation as to the acres and boundaries of the
premises.
2. RENT. Tenant shall pay to Landlord as rent for the Real Estate (the "Rent"):
a. Total annual cash rent of $35,840.00 payable, unless otherwise agreed, as follows:
$35,840.00 on March 1, 2017 (128 acres at $280 per acre)
All Rent is to be paid to Landlord at the address indicated above. Rent must be in
Landlord's possession on or before the due date. Participation of this farm in any offered
program by the U.S. Department of Agriculture (U.S.D.A) or any State or Local program for
crop production control or soil conservation, the observance of the terms and conditions of this
program, require Landlord's consent. Any U.S.D.A. farm program payments shall be payable to
tenant.
3. LANDLORD'S LIEN AND SECURITY INTEREST. As security for all sums
due or which will become due from Tenant to Landlord, Tenant hereby grants to Landlord, in
addition to any statutory liens, a security interest as provided by the Nebraska law.
4. INPUT COSTS AND EXPENSES. Tenant shall prepare the Real Estate and
plant such crops in a timely fashion as may be directed by Landlord. Tenant shall only be
entitled to pasture or till those portions of the Real Estate designated by Landlord. All necessary
machinery and equipment, as well as labor, necessary to carry out the terms of this lease shall be
furnished by and at the expense of the Tenant.
5. PROPER HUSBANDRY; HARVESTING OF CROPS; CARE OF SOIL,
TREES, SHRUBS AND GRASS. Tenant shall farm the Real Estate in a manner consistent with
good husbandry, seek to obtain the best crop production that the soil and crop season will permit,
1
properly care for all growing crops in a manner consistent with good husbandry, and harvest all
crops on a timely basis. As per the bid specifications, all farming operations shall be completely
NO -TILL. In the event Tenant fails to do .so, Landlord reserves the right, personally or by
designated agents, to enter upon the Real Estate and properly care for and harvest all growing
crops, charging the cost of the care and harvest to the Tenant, as part of the Rent. Tenant shall
timely control all weeds, including noxious weeds, weeds in the fence rows, along driveways and
in the general area adjacent to cropped areas. Tenant shall comply with all terms of the
conservation plan and any other required environmental plans for the leased premises. Tenant
shall do what is reasonably necessary to control soil erosion including, but not limited to, the
maintenance of existing watercourses, waterways, ditches, drainage areas, terraces and the
drains, and abstain from any practice which will cause damage to the Real Estate. Tenant agrees
to perform all farming operations so as to not encroach into any grassed areas not approved by
the Authority for erosion control and to make sure all fences and gates are maintained in a closed
position for Airport security. Failure to perform will be a cause for early termination of the lease.
Upon request from the Landlord, Tenant shall by August 15t' of each lease year provide
to the Landlord a written listing showing all crops planted, including the acres of each crop
planted, fertilizers, herbicides and insecticides applied showing the place of application, the
name and address of the applicator, the type of application and the quantity of such items applied
on the lease premises during such year. Tenant shall not remove from the Real Estate, nor burn,
any straw, stalks, stubble, or similar plant materials, all of which are recognized as the property
of Landlord. Tenant may use these materials, however, upon the Real Estate for the farming
operations. Tenant shall protect all trees, vines and shrubbery upon the Real Estate from injury.
6. Airport Safety. Tenant shall at all time keep all Airport operation safety areas
clear of any equipment and obstructions. Should tenant have a need to operate in a safety area,
he/she shall notify Airport Manager for assistance to assure safe airport operations at all times.
7. ENVIRONMENTAL.
a. Landlord. To the best of Landlord's knowledge to date:
i) Neither Landlord nor, Landlord's former or present tenants, are Subject to any
investigation concerning the premises by any governmental authority under any
applicable federal, state, or local codes, rules, and regulations pertaining to air and water
quality, the handling, transportation, storage, treatment, usage, or disposal of toxic or
hazardous substances, air emissions, other environmental matters, and all zoning and
other land use matters.
ii) Any handling, transportation, storage, treatment, or use of toxic or hazardous
substances that has occurred on the premises has been in compliance with all applicable
federal, state, and local codes, rules, and regulations.
iii) No leak, spill release, discharge, emission, or disposal of toxic or hazardous
substances has occurred on the premises.
iv) The soil, groundwater, and soil vapor on or under the premises is free of toxic or
hazardous substances except for chemicals (including without limitation fertilizer,
2
herbicides, insecticides) applied in conformance with good farming methods, applicable
rules and regulations and the label directions of each chemical.
Landlord shall hold Tenant harmless against liability for removing solid waste disposal
sites existing at the execution of this Lease, with the exception that Tenant shall be liable for
removal of solid waste disposal sites to the extent that the Tenant created or contributed solid
waste disposal site at any time.
Landlord shall assume liability and shall indemnify and hold Tenant harmless against any
liability or expense arising from any condition which existed, whether known or unknown, at the
time of execution of the lease which is not a result of actions of the Tenant or which arises after
date of execution but which is not a result of actions of the Tenant.
Landlord shall disclose in writing to Tenant the existence of any known wells,
underground storage tanks, hazardous waste sites, and solid waste disposal sites. Disclosure may
be provided by a properly completed groundwater hazard statement to be supplemented if
changes occur.
b. Tenant. Tenant shall comply with all applicable environmental laws concerning
application, storage and handling of chemicals including, without limitation, herbicides and
insecticides and fertilizers. Tenant shall apply any chemicals used for weed or insect control at
levels not to exceed the manufacturer's recommendation for the soil types involved. Farm
chemicals may not be stored on the premises for more than one year. Farm chemicals for use on
other properties may not be stored on this property. Chemicals stored on the premises shall be
stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be
disposed of on the premises. Application of chemicals for agricultural purposes per
manufacturer's recommendation shall not be construed to constitute disposal.
Tenant shall employ all means appropriate to insure that well or ground water
contamination does not occur, and shall be responsible to follow all applicator's licensing
requirements. Tenant shall install and maintain safety check valves for injection of any
chemicals and/or fertilizers into an irrigation system injection valve only, not main well check
valve. Tenant shall properly post all fields when posting is required whenever chemicals are
applied by ground or air. Tenant shall haul and spread all manure on appropriate fields at times
and in quantities consistent with environmental protection requirements. Tenant shall not
dispose of waste oil, tires, batteries, paint, other chemicals or containers anywhere on the
premises. Solid waste may not be disposed of on the premises. Dead livestock may not be
buried on the premises. If disposal of solid waste or burial of dead animals is permitted as stated
in the previous two sentences, the disposal or burial shall be in compliance with all applicable
environmental laws. Tenant shall not use waste oil as a means to suppress dust on any roads on
or near the premises. No underground storage tanks, except human waste septic systems that
meet current codes, rules, and regulations, shall be maintained on the premises.
Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which
occurs on premises. Tenant shall assume liability and shall indemnify and hold Landlord
harmless for any claim or violation of standards which results from Tenant's use of the premises.
3
Tenant shall assume defense of all claims, except claims resulting from Landlord's negligence,
in which case each parry shall be responsible for that party's defense of any claim. After
termination, Tenant shall remain liable for violations, which occurred during the term of this
Lease.
In the absence of selection of an alternative where choices are provided in this paragraph 8b, the
choice of word "may" shall be presumed unless that presumption is contrary to applicable
environmental laws and regulations.
8. NO LIVESTOCK ON LEASEHOLD PREMISES: The tenant shall not have
livestock or animals of any kind on the leasehold premises.
9. TERMINATION OF LEASE. This Lease shall automatically renew upon
expiration from year-to-year, upon the same terms and conditions unless either party gives due
and timely written notice to the other of an election not to renew this Lease. If renewed, the
tenancy shall terminate on February 28th of the year following, provided that the tenancy shall
not continue because of an absence of notice in the event there is a default in the performance of
this Lease. All notices of termination of this Lease shall be as provided by law.
10. POSSESSION AND CONDITION AT END OF TERM. At the termination of
this Lease, Tenant will relinquish possession of the Real Estate to the Landlord. If Tenant fails
to do so Tenant agrees to pay Landlord $150.00 per day, as liquidated damages until possession
is delivered to Landlord. At the time of delivery of the Real Estate to Landlord, Tenant shall
assure that the Real Estate is in good order and condition, and substantially the same as it was
when received by Tenant at the commencement of this Lease, excusable or insurable loss by fire,
unavoidable accidents and ordinary wear, excepted.
11. LANDLORD'S RIGHT OF ENTRY AND INSPECTION. In the event notice of
termination of this Lease has been properly served, Landlord may enter upon the Real Estate or
authorize someone else to enter upon the Real Estate to conduct any normal tillage or fertilizer
operation after Tenant has completed the harvesting of crops even if this is prior to the date of
termination of the lease. Landlord may enter upon the Real Estate at any reasonable time for the
purpose of viewing or seeding or making repairs, or for other reasonable purposes.
12. VIOLATION OF TERMS OF LEASE. If Tenant or Landlord violates the terms
of this Lease, the other may pursue the legal and equitable remedies to which each is entitled.
Tenant's failure to pay any Rent when due shall cause all unpaid Rent to become immediately
due and payable, without any notice to or demand upon Tenant.
13. REPAIRS. Tenant shall maintain the fences on the leased premises in good and
proper repair. Landlord shall furnish necessary materials for repairs that Landlord deems
necessary within a reasonable time after being notified of the need for repairs. Tenant shall haul
the materials to the repair site without charge to Landlord.
14. NEW IMPROVEMENTS. Tenant shall not make any structural or fencing
improvements of any kind to said leased area.
.19
15. WELL, WINDMILL, WATER AND SEPTIC SYSTEMS. No Wells, Windmills,
Water Systems or Septic Systems exist on leased property. Landlord does not guarantee
continuous or adequate supplies of the water for the premises.
16. EXPENSES INCURRED WITHOUT CONSENT OF LANDLORD. No expense
shall be incurred for or on account of the Landlord without first obtaining Landlord's written
authorization. Tenant shall take no actions that might cause a mechanic's lien to be imposed
upon the Real Estate.
17. NO AGENCY. Tenant is not an agent of the Landlord.
18. TELEVISION AND RADIO. Tenant shall not install any television reception
antennas, microwave dishes, radio reception and/or transmission antennas without the written
consent of the Landlord.
19. CHOICE OF FORUM AND CHOICE OF LAW. Any legal dispute concerning
this lease shall be brought solely in the court system of Washington County, Nebraska and
Nebraska law shall apply.
20. ATTORNEY FEES AND COURT COSTS. If either party files suit to enforce
any of the terms of this Lease, the prevailing party shall be entitled to recover court costs and
reasonable attorneys' fees.
21. CHANGE IN LEASE TERMS. The conduct of either party, by act or omission,
shall not be construed as a material alteration of this Lease until such provision is reduced to
writing and executed by both parties as addendum to this Lease.
22. CONSTRUCTION. Words and phrases herein, including the acknowledgement,
are construed as in the singular or plural and as the appropriate gender, according to the context.
23. NOTICES. The notices contemplated in this Lease shall be made in writing and
shall either be delivered in person, or be mailed in the U.S. mail, certified mail to the recipient's
last known mailing address, except for the notice of termination set forth in Section 9, which
shall be governed by the Laws of the State of Nebraska.
24. ASSIGNMENT. Tenant shall not assign this Lease or sublet the Real Estate or
any portion thereof without prior written authorization of Landlord.
25. ADDITIONAL PROVISIONS. Tenant hereby consents to Landlord filing a
financing statement, perfecting his statutory Landlord's lien with the Nebraska Secretary of
State, at any time after the execution of this lease; even though said filing may be before Tenant
is in possession under the terms of this lease.
G
horized esentative f the
rty of Blair Airport Authority, Landlord
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
Before me, the undersigned Notary Public, personally came
., V- ° 16j% 5 , an authorized representative of the Blair Airport Authority,
Landlord above and being duly sworn, stated the facts contained in the foregoing Lease
Agreement were true and they signed the same as their free and voluntary act and deed.
WITNESS my hand and seal this day of `JAli`, , 201i7
GENERAL N07ARY State of Nebraska
91� KAT9IERINE D l.OUDNER
_ fly Comm. Exp. June 17, 2020
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
NOTARY PUBLIC
Before me, the undersigned Notary Public, personally came` `
Tenants above, and being duly sworn, stated the facts contained in the foregoing Lease were true
and they signed the same as their free and voluntary act and deed.
rol
WITNESS my hand and seal this day o 201�.
NOTARY PUBLIC
JII'
GENERAL NOTARY -State of Nebraska
KATHERINE D LOLIDNER
GENERAL
My Comm. Exp. June 17, 2020
USDA United States Fara Service Agency Farm 4203
Agriculturetof Washington County, Nebraska
Tract 3947
Common Land Unit ! _;;Tract Boundary
=Cropland =PLSS
=Non -Cropland 2014 NAIP Imagery
2016 Program Year
Map Created October 07, 2015
Wetland Determination Identifiers 1 inch = 400 feet
O Restricted Use
D Limited Restrictions
Exempt from Conservation Tract Cropland Total: 21.13 acres
Compliance Provisions
United States Department of Agriculture (USDA) Farm Service Agency (FSA) maps are for FSA Program administration only. This map does not represent a legal survey or reflect actual
ownership; rather it depicts the information provided directly from the producer and/or National Agricultural Imagery Program (NAIP) imagery. The produceraccepts the data 'as is' and
assumes all risks associated with its use. USDA -FSA assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this data outside FSA
Programs. Wetland identifiers do not represent the size, shape, or specific determination of the area. Refer to your original determination (CPA -026 and attached maps) for exact
boundaries and determinations or contact USDA Natural Resources Conservation Service (NRCS).
US®A United States Farm Service Agency Farrel 4588
— Department of N
t
Washington County, Nebraska Agriculture 0.� TraCt 40
Common Land Unit ,'Tract Boundary
=Cropland tj
PLSS 2016 Program Year
=Non -Cropland 2014
NAI P Imagery Map Created October 07, 2015
Wetland Determination Identifiers 1 inch = 852 feet
® Restricted Use
O Limited Restrictions
Exempt from Conservation Tract Cropland Total; 153.13 acres
Compliance Provisions
United States Department of Agriculture (USDA) Farm Service Agency (FSA) maps are for FSA Program administration only. This map does not represent a legal surveyor reflect actual
ownership; rather it depicts the information provided directly from the producer and/or National Agricultural Imagery Program (NAIP) imagery. The producer accepts the data 'as is' and
assumes all risks associated with its use. USDA -FSA assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this data outside FSA
Programs. Wetland identifiers do not represent the size, shape, or specific determination of the area. Refer to your original determination (CPA -026 and attached maps) for exact
boundaries and determinations or contact USDA Natural Resources Conservation Service (NRCS).
USDA United States Farm Service Agency Fara 4587
Department of Washington County, Nebraska
AgricultureTra(;t 4229
Common Land Unit =PLSS
=Cropland 2016 Program Year
;Tract Boundary 2014 AIP Imagery Map Created October 07, 2015
Wetland Determination Identifiers 1 inch = 836 feet
0 Restricted Use
0 Limited Restrictions
Exempt from Conservation Tract Cropland Total: 109.20 acres
Compliance Provisions
United States Department of Agriculture (USDA) Farm Service Agency (FSA) maps are for FSA Program administration only. This map does not represent a legal survey or reflect actual
ownership; rather it depicts the information provided directly from the producer and/or National Agricultural Imagery Program (NAIP) imagery. The produceraccepts the data 'as is' and
assumes all risks associated with its use. USDA -FSA assumes no responsibility for actual or consequential damage incurred as a result of any users reliance on this data outside FSA
Programs. Wetland identifiers do not represent the size, shape, or specific determination of the area. Refer to your original determination (CPA -026 and attached maps) for exact
boundaries and determinations or contact USDA Natural Resources Conservation Service (NRCS).
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1
BLAIR AIRPORT AUTHORITY
FARM LEASE — CASH
THIS LEASE ("Lease') is made between City of Blair Airport Authority, (`Landlord"),
whose address for the purpose of this Lease is City of Blair, 218 South 16th Street, Blair, NE
68008, and Dan Nixon, ("Tenant"), whose address for the purpose of this Lease is 9805 County
Road P26, Blair Nebraska, 68008.
THE PARTIES AGREE AS FOLLOWS:
1. PREMISES AND TERM. Landlord leases to Tenant the following real estate
situated in Washington County, Nebraska (the "Real Estate"):
See map attached hereto as Exhibit A and full incorporated herein by reference.
USDA Farm Service Agency farm numbers are 4208, 4587, and 4588.
and Containing 128 acres, more or less, with possession by Tenant for a term of four (1) years to
Commence on March 1, 2017, and end on February 28, 2021. The Tenant has had or has been
offered an opportunity to make an independent investigation as to the acres and boundaries of the
premises.
2. RENT. Tenant shall pay to Landlord as rent for the Real Estate (the "Rent"):
a. Total annual cash rent of $35,840.00 payable, unless otherwise agreed, as follows:
$35,840.00 on March 1, 2017 (128 acres at $280 per acre)
All Rent is to be paid to Landlord at the address indicated above. Rent must be in
Landlord's possession on or before the due date. Participation of this farm in any offered
program by the U.S. Department of Agriculture (U.S.D.A) or any State or Local program for
crop production control or soil conservation, the observance of the terms and conditions of this
program, require Landlord's consent. Any U.S.D.A. farm program payments shall be payable to
tenant.
3. LANDLORD'S LIEN AND SECURITY INTEREST. As security for all sums
due or which will become due from Tenant to Landlord, Tenant hereby grants to Landlord, in
addition to any statutory liens, a security interest as provided by the Nebraska law.
4. INPUT COSTS AND EXPENSES. Tenant shall prepare the Real Estate and
plant such crops in a timely fashion as may be directed by Landlord. Tenant shall only be
entitled to pasture or till those portions of the Real Estate designated by Landlord. All necessary
machinery and equipment, as well as labor, necessary to carry out the terms of this lease shall be
furnished by and at the expense of the Tenant.
5. PROPER HUSBANDRY; HARVESTING OF CROPS; CARE OF SOIL,
TREES, SHRUBS AND GRASS. Tenant shall farm the Real Estate in a manner consistent with
good husbandry, seek to obtain the best crop production that the soil and crop season will permit,
1
properly care for all growing crops in a manner consistent with good husbandry, and harvest all
crops on a timely basis. As per the bid specifications, all farming operations shall be completely
NO -TILL. In the event Tenant fails to do .so, Landlord reserves the right, personally or by
designated agents, to enter upon the Real Estate and properly care for and harvest all growing
crops, charging the cost of the care and harvest to the Tenant, as part of the Rent. Tenant shall
timely control all weeds, including noxious weeds, weeds in the fence rows, along driveways and
in the general area adjacent to cropped areas. Tenant shall comply with all terms of the
conservation plan and any other required environmental plans for the leased premises. Tenant
shall do what is reasonably necessary to control soil erosion including, but not limited to, the
maintenance of existing watercourses, waterways, ditches, drainage areas, terraces and tile
drains, and abstain from any practice which will cause damage to the Real Estate. Tenant agrees
to perform all farming operations so as to not encroach into any grassed areas not approved by
the Authority for erosion control and to make sure all fences and gates are maintained in a closed
position for Airport security. Failure to perform will be a cause for early termination of the lease.
Upon request from the Landlord, Tenant shall by August 15th of each lease year provide
to the Landlord a written listing showing all crops planted, including the acres of each crop
planted, fertilizers, herbicides and insecticides applied showing the place of application, the
name and address of the applicator, the type of application and the quantity of such items applied
on the lease premises during such year. Tenant shall not remove from the Real Estate, nor burn,
any straw, stalks, stubble, or similar plant materials, all of which are recognized as the property
of Landlord. Tenant may use these materials, however, upon the Real Estate for the farming
operations. Tenant shall protect all trees, vines and shrubbery upon the Real Estate from injury.
6. Airport Safety. Tenant shall at all time keep all Airport operation safety areas
clear of any equipment and obstructions. Should tenant have a need to operate in a safety area,
he/she shall notify Airport Manager for assistance to assure safe airport operations at all times.
7. ENVIRONMENTAL.
a. Landlord. To the best of Landlord's knowledge to date:
i) Neither Landlord nor, Landlord's former or present tenants, are Subject to any
investigation concerning the premises by any governmental authority under any
applicable federal, state, or local codes, rules, and regulations pertaining to air and water
quality, the handling, transportation, storage, treatment, usage, or disposal of toxic or
hazardous substances, air emissions, other environmental matters, and all zoning and
other land use matters.
ii) Any handling, transportation, storage, treatment, or use of toxic or hazardous
substances that has occurred on the premises has been in compliance with all applicable
federal, state, and local codes, rules, and regulations.
iii) No leak, spill release, discharge, emission, or disposal of toxic or hazardous
substances has occurred on the premises.
iv) The soil, groundwater, and soil vapor on or under the premises is free of toxic or
hazardous substances except for chemicals (including without limitation fertilizer,
2
herbicides, insecticides) applied in conformance with good farming methods, applicable
rules and regulations and the label directions of each chemical.
Landlord shall hold Tenant harmless against liability for removing solid waste disposal
sites existing at the execution of this Lease, with the exception that Tenant shall be liable for
removal of solid waste disposal sites to the extent that the Tenant created or contributed solid
waste disposal site at any time.
Landlord shall assume liability and shall indemnify and hold Tenant harmless against any
liability or expense arising from any condition which existed, whether known or unknown, at the
time of execution of the lease which is not a result of actions of the Tenant or which arises after
date of execution but which is not a result of actions of the Tenant.
Landlord shall disclose in writing to Tenant the existence of any known wells,
underground storage tanks, hazardous waste sites, and solid waste disposal sites. Disclosure may
be provided by a properly completed groundwater hazard statement to be supplemented if
changes occur.
b. Tenant. Tenant shall comply with all applicable environmental laws concerning
application, storage and handling of chemicals including, without limitation, herbicides and
insecticides and fertilizers. Tenant shall apply any chemicals used for weed or insect control at
levels not to exceed the manufacturer's recommendation for the soil types involved. Farm
chemicals may not be stored on the premises for more than one year. Farm chemicals for use on
other properties may not be stored on this property. Chemicals stored on the premises shall be
stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be
disposed of on the premises. Application of chemicals for agricultural purposes per
manufacturer's recommendation shall not be construed to constitute disposal.
Tenant shall employ all means appropriate to insure that well or ground water
contamination does not occur, and shall be responsible to follow all applicator's licensing
requirements. Tenant shall install and maintain safety check valves for injection of any
chemicals and/or fertilizers into an irrigation system injection valve only, not main well check
valve. Tenant shall properly post all fields when posting is required whenever chemicals are
applied by ground or air. Tenant shall haul and spread all manure on appropriate fields at times
and in quantities consistent with environmental protection requirements. Tenant shall not
dispose of waste oil, tires, batteries, paint, other chemicals or containers anywhere on the
premises. Solid waste may not be disposed of on the premises. Dead livestock may not be
buried on the premises. If disposal of solid waste or burial of dead animals is permitted as stated
in the previous two sentences, the disposal or burial shall be in compliance with all applicable
environmental laws. Tenant shall not use waste oil as a means to suppress dust on any roads on
or near the premises. No underground storage tanks, except human waste septic systems that
meet current codes, rules, and regulations, shall be maintained on the premises.
Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which
occurs on premises. Tenant shall assume liability and shall indemnify and hold Landlord
harmless for any claim or violation of standards which results from Tenant's use of the premises.
9
Tenant shall assume defense of all claims, except claims resulting from Landlord's negligence,
in which case each party shall be responsible for that party's defense of any claim. After
termination, Tenant shall remain liable for violations, which occurred during the term of this
Lease.
In the absence of selection of an alternative where choices are provided in this paragraph 8b, the
choice of word "may" shall be presumed unless that presumption is contrary to applicable
environmental laws and regulations.
8. NO LIVESTOCK ON LEASEHOLD PREMISES: The tenant shall not have
livestock or animals of any kind on the leasehold premises.
9. TERMINATION OF LEASE. This Lease shall automatically renew upon
expiration from year-to-year, upon the same terms and conditions unless either party gives due
and timely written notice to the other of an election not to renew this Lease. If renewed, the
tenancy shall terminate on February 281h of the year following, provided that the tenancy shall
not continue because of an absence of notice in the event there is a default in the performance of
this Lease. All notices of termination of this Lease shall be as provided by law.
10. POSSESSION AND CONDITION AT END OF TERM. At the termination of
this Lease, Tenant will relinquish possession of the Real Estate to the Landlord. If Tenant fails
to do so Tenant agrees to pay Landlord $150.00 per day, as liquidated damages until possession
is delivered to Landlord. At the time of delivery of the Real Estate to Landlord, Tenant shall
assure that the Real Estate is in good order and condition, and substantially the same as it was
when received by Tenant at the commencement of this Lease, excusable or insurable loss by fire,
unavoidable accidents and ordinary wear, excepted.
11. LANDLORD'S RIGHT OF ENTRY AND INSPECTION. In the event notice of
termination of this Lease has been properly served, Landlord may enter upon the Real Estate or
authorize someone else to enter upon the Real Estate to conduct any normal tillage or fertilizer
operation after Tenant has completed the harvesting of crops even if this is prior to the date of
termination of the lease. Landlord may enter upon the Real Estate at any reasonable time for the
purpose of viewing or seeding or making repairs, or for other reasonable purposes.
12. VIOLATION OF TERMS OF LEASE. If Tenant or Landlord violates the terms
of this Lease, the other may pursue the legal and equitable remedies to which each is entitled.
Tenant's failure to pay any Rent when due shall cause all unpaid Rent to become immediately
due and payable, without any notice to or demand upon Tenant.
13. REPAIRS. Tenant shall maintain the fences on the leased premises in good and
proper repair. Landlord shall furnish necessary materials for repairs that Landlord deems
necessary within a reasonable time after being notified of the need for repairs. Tenant shall haul
the materials to the repair site without charge to Landlord.
14. NEW IMPROVEMENTS. Tenant shall not make any structural or fencing
improvements of any kind to said leased area.
F.
15. WELL, WINDMILL, WATER AND SEPTIC SYSTEMS. No Wells, Windmills,
Water Systems or Septic Systems exist on leased property. Landlord does not guarantee
continuous or adequate supplies of the water for the premises.
16. EXPENSES INCURRED WITHOUT CONSENT OF LANDLORD. No expense
shall be incurred for or on account of the Landlord without first obtaining Landlord's written
authorization. Tenant shall take no actions that might cause a mechanic's lien to be imposed
upon the Real Estate.
17. NO AGENCY. Tenant is not an agent of the Landlord.
18. TELEVISION AND RADIO. Tenant shall not install any television reception
antennas, microwave dishes, radio reception and/or transmission antennas without the written
consent of the Landlord.
19. CHOICE OF FORUM AND CHOICE OF LAW. Any legal dispute concerning
this lease shall be brought solely in the court system of Washington County, Nebraska and
Nebraska law shall apply.
20. ATTORNEY FEES AND COURT COSTS. If either party files suit to enforce
any of the terms of this Lease, the prevailing party shall be entitled to recover court costs and
reasonable attorneys' fees.
21. CHANGE IN LEASE TERMS. The conduct of either party, by act or omission,
shall not be construed as a material alteration of this Lease until such provision is reduced to
writing and executed by both parties as addendum to this Lease.
22. CONSTRUCTION. Words and phrases herein, including the acknowledgement,
are construed as in the singular or plural and as the appropriate gender, according to the context.
23. NOTICES. The notices contemplated in this Lease shall be made in writing and
shall either be delivered in person, or be mailed in the U.S. mail, certified mail to the recipient's
last known mailing address, except for the notice of termination set forth in Section 9, which
shall be governed by the Laws of the State of Nebraska.
24. ASSIGNMENT. Tenant shall not assign this Lease or sublet the Real Estate or
any portion thereof without prior written authorization of Landlord.
25. ADDITIONAL PROVISIONS. Tenant hereby consents to Landlord filing a
financing statement, perfecting his statutory Landlord's lien with the Nebraska Secretary of
State, at any time after the execution of this lease; even though said filing may be before Tenant
is in possession under the terms of this lease.
5
horized esentative f the
ity of Blair Airport Authority, Landlord
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
Before me, the undersigned Notary Public, personally came
.C� r rr , an authorized representative of the Blair Airport Authority,
Landlord above and being duly sworn, stated the facts contained in the foregoing Lease
Agreement were true and they signed the same as their free and voluntary act and deed.
TO WITNESS my hand and seal this day of ', k1VU 201
GENERAL NOTARY -State of Nebraska
II My
KATHERINE
p.DJu e 17,
D7 2020
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
NOTARY PUBLIC
Before me, the undersigned Notary Public, personally came ,
Tenants above, and being duly sworn, stated the facts contained in the foregoing Lease were true
and they signed the same as their free and voluntary act and deed.
WITNESS my hand and seal this day o` ' 201.
NOTARY PUBLIC
GENERAL NOTARY State of Nebraska
II KATHERINE D LOUDNER
My Comm. Exp, June 17, 2020
218 S. 16 St. ® Blair, NE 68008
(402) 426-4191 ® FAX (402) 426-4195
January 10, 2017
Dan Nixon
9805 County Road 26
Blair, NE 68008
RE: Lease of Airport Property
Dear Dan:
Attached are two copies of the lease for the Blair Airport Property. Please sign the agreements and
return both copies to City Hall attention Kathy. The signatures will need notarized. If you do not know a
notary feel free to bring the lease to City Offices in Blair and Kathy will notarize it for you. Once you have
signed the lease we will have the Chairman sign and return a copy to you.
If you have any questions feel free to contact me.
Sincerely,
r
Rodney A. Storm
City Administrator/Airport Manager
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December 4, 2016
Blair City Clerk
218 S. 16th Street
Blair, NE 68008
Subject: Blair Airport Farm Lease Proposal
To Whom it may Concern:
We respectfully submit the following proposal for the lease regarding the 128 acres of farm land
on the Blair Airport Property. As stated in the notice, the property for which this proposal is
submitted is USDA Farm Service Agency farm numbers 4208, 4487, and 4488. We have read
and intend to comply with the notice given in regards to crop rotation throughout the duration
of the four (4) year lease. The first year we will no -till, narrow row soybeans into the exsisting
corn stalks (48.19 acres) remaining from the 2016 crop season. We will then no -till corn into
the bean stubble (84.27 acres) remaining from the 2016 crop season. The crop rotation will
alternate the remainder of the three (3) years in a similar manner. Any USDA Farm Service
Agency payments available on the above stated property will be given to the tenant for the
duration of the lease. Any crop inusrance adjustments/payments will also belong to the tenant
for the duration of the lease.
We propose paying $280/acre for the above 128 acres. We understand that this in an annual
lease payment due March 1 of each year and agree to pay the above amount in cash rent.
Sincer y,
Dan Nixon
9805 County Road P26
Blair, NE 68008
402-426-5364 Home
402-306-7457 Cell
Tiedje Farms
3327 County Road 33
Blair, NE 68008
Estimate
Date
Estimate #
12/7/2016
36
Name / Address
BLAIR AIRPORT AUTHORITY
218 S. 16th ST
BLAIR NE 68008
Project
Description
Qty
Rate
Total
CASH RENT BID ON AIRPORT FARM GROUND
128
200.00
25,600.00
128Acres @ $200 Per Ac
The crop rotation will be corn/soybean with the preferred rotation
being 100% soybeans the first year and alternating crops there-
after. If there is some reason to keep the current 50/50 system
in place, I'm sure we can work that out. Corn crops will be no -
tilled into previous years bean stubble with tillage confined to
any ditches or uneven areas that need leveled off before planting.
Bean crops will be reduced tillage based on the amount of residue
left from the com crop the year before. A light tillage pass will
reduce the dependency on chemicals to control some hard to kill
weeds that have developed resistence to some of the chemicals
currently available. Any open ditches currently running through the
crop areas will be kept weed free and addressed for repair on an
individual basis. All field edges and fence lines will be hand sprayed
with the ATV to create a crisp edge with no overspray into grassed
areas. The new terraces, that were added recently, are in need of
some repair and seeding and this needs to be addressed before
the next crop season.
I currently help with the snow removal and hope that I have
established myself as helpful and reliable. It has always been my
goal to get a farm in better condition than when I started and I
look forward to working towards that goal during this rental period
and hopefully beyond.
Thank you for this opportunity.
CLAUS TIEDJE
402-659-5290
Total $25,600.00
Dec 13 2016
Blair Airport Authority
218 S. 16 St
Blair Ne 68008
RE: Farm lease proposal
Dear Blair Airport Authority:
My proposal to farm your 128 farmland acres is $120.00 per acre for a total
of $15369.00 per year. To be paid annually on March 1 of each year starting in 2017
This lease will be four (4) years.
I agree to use reduced till/no till farming to minimize erosion, as well as crop rotation
from corn to soybeans each year.
Sincerely,
Michael Cornwell
7835 Howard Street
Omaha Ne 68114
402-391-7232
402-660-3848 cell
12/14/16 16m-m/Airport
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NOVEMBER 22, 2016
NOVEMBER •
DECEMBER, 2016
6,2 016
DECEMBER 13, 2016
NOTICE
The Blair Airport Authority will accept written proposals until 4:30 p.m. December 15, 2016, for the
rent of approximately 128 +/- farmable acres, in approximately 9 different parcels around the Blair Municipal
Airport property.
The USDA Farm Service Agency farm numbers for this ground is 4208, 4487, and 4488. The 2016
program acreage was slightly over 125 acres, plus a little over 5 acres south of the hangars and apron. However
for purposes of this lease the rent will be based on 128 acres.
The lease will be for a proposed four (4) year period, The lease will be on an annual cash per acre basis,
with rent due March 1 of each year prior to any planting. The proposal submitted should outline any proposed
crop rotation, and must include farming methods, reduced till/no till, to minimize any erosion from the tilled
acreage. Any proposal not utilizing reduced till/no till farming methods will be rejected and/or lease terminated.
Once the lease has been awarded the tenant will be required to perform the farming operations so as to not
encroach into any grassed areas not approved by the Authority for erosion control and to make sure all fences
and gates are maintained in a closed position for Airport security. Failure to perform will be a cause for early
termination of the lease.
The Blair Airport Authority reserves the right to adjust the acreage annually to accommodate any
proposed airport improvement projects, including termination of the lease. Any notice of reduction in acreage or
termination shall be sufficient if delivered in writing by January 1 of each year to the tenant.
The Authority reserves the right to accept any proposal and to waive any irregularities that the Authority
deems is in the best interest of the Blair Municipal Airport, and to reject any or all proposals deemed not to be
in the best interest of the Blair Municipal Airport.
Proposals must be sent or submitted in writing to the Blair City Clerk, at 218 South 16th Street Blair
Nebraska, 68008, and marked Blair Airport Farm Lease Proposal. For a copy of the map showing the area
available to be leased or for clarification, please contact Rodney Storm at the Blair City Offices, 218 South 16th
Street, Blair, NE 68008.