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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. 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'4' _.. � - --_ �•,; P��:� ^,� r r w y f I � , � II r• 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 W W 17 ) z O Q MD 11..1 U) W U I M�" W N Irl - LU U) W I H Z Q J F- 0 O h N N T- N (D M u O w L 'd' 00 LA W U Q 00 co 00 W N N N N a F- 0 m m w w cc CL CL L) W) N O co � 6f� d 'a d N LL W '= Lo E U U- x d A L A N L r d C CL M O 6F> N �) r L 6F} d 11 A L 0. m o >. U aLO o� U N (O N V -V- N N04 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 r My ffOf6�---( for acre (' C2 Cl W0 Lj / C/ 6. I(A r/N/Y &X -� q o PdL4ce- cl, � 1, 0 p rA c /"( ( f cl( �- 41d 5' V- 5 cc( C L (AJ ) 0 ( P�- 43)y R !I�'�,� w„�a I 110TH 12 `, .A i , •, 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.