2021-01-12 Lambrecht Farm LeaseBLAIR 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 Lambrecht Farms, ("Tenant"), whose address for the purpose of this Lease is 1145
Co. Rd 40 Bennington, Nebraska, 68007.
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 fully incorporated herein by reference.
USDA Farm Service Agency farm number 5377 tract numbers 3947, 4208, 4229,
and farm 779 tract 185.
and Containing 132 acres, more or less, of tillable farm ground and 32 acres, more or less, of
grass hay with possession by Tenant for a term of four (4) years to Commence on March 1, 2021,
and end on February 28, 2025. 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 $36,255.00 payable, unless otherwise agreed, as follows:
$36,255.00 on March 1, 2021 (135 acres at $253 per acre plus $2100 for grass)
$36,255.00 on March 1, 2022
$36,255.00 on March 1, 2023
$36,255.00 on March 1, 2024
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,
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 faiming 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.
A)
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,
herbicides, insecticides) applied in conformance with good fanning 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.
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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.
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 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
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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.
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 parry 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
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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.
Lambrech Farms, Tenant
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Authorize Representative of the
City of Blair Airport Authority, Landlord
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
Before me, the undersigned Notary Public, personally came
0 1 ske , 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 c crr,5 r , 2020.
GENERAL NOTARY - State of Nebraska
BRENDA R WHEELER
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My comm. EV, dune 20, 2024
NOTARY PUBLIC
STATE OF NEBRASKA
ss.
COUNTY OF WASHINGTON
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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.
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WITNESS my hand and seal this day of { ;} v , 2026.
GENERAL NOTAAMte of Nebraska
ANGEL D. CHAISTENSENE-3
MY C—• Exp, August 25, 2021
NOTA; , Y PUBLIC
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