Lease to Hensel FarmlandONE-YEAR LEASE AGREEMENT
THIS AGREF_~4ENT,
January
City of Carmel an Indiana
an Indiana Corporation,
Paul D, Hensel
hereinafter called
made the day of
19 82 , by and between
Political Subdivision .........
hereinafter called "Lessor", and
"Lessee", WITNESSETH T~AT:
The said Lessor has this day leased
that part of its property located nea~
Reservoir described as follows:
to the
said Lessee
.See Attached Exhibit A
for and during the term of one (1) year from
~to and including February .28, 1983
Section 1
shall he sublet any part of
consent of the Lessor.
Section~ 2 - Renewal
March 1~ 1982
Assignment and Subletting -
This lease shall not be assigned by the Lessee, nor
the premises without the written
be
of
the.expiration of the
It'-is understood that this lease shall automatically
renewed unless either party gives notice to the ~ther party
his~intention not to renew at least ...2 months prior to
term.
~1- yr.
P. 2
If the Lessee shall, with the express or implied
consent of the Lessor, continue to occupy the leased premises
after the expiration of the lease term,, the Lessee shall remain
bound by i~s covenants in this lease, but the tenancy during
such period of holdin'g over shall be from month to month only.
Section 5.- Cash Rent
The L~ssee agrees to pay the Lessor or his agent,
as rent for the use of the above-described premises, the sum
of One Thousand and Twenty
Dollars ($ 1,020.00 ) per year, as
Ten
on.or before March 1~ 1982
each annual contract, and the balance of
Ten
on or before December 1,.~19~8~2. ~
calendar year.
follows: Five Hundred and
Dollars ($ 510.00 )
at the beginning of
'Five Hundred and
Dollars ($5]0.00)
· of the same
Section 4 - Use of Leased~Premisesr etc.
The Lessee-shall use the leased premises in a care-
ful and Proper manner and only residential' and agricultural pur-
'poses . The Lessee shall, at his own expense, comply with all
applicable statutes, ordinances, rules and regulations. The
Lessee shall neither commit nor permit the commission of waste
on the premises, nor shall the Lessee violate or permit the
violat'ion of any of the covenants, restrictions, easements,
or servitudes to which the leased premises are subject.
Section $ -- Right of Entrance
The Lessor reserves to itself, its representatives, and agents
the right to enter upon the premises at any time or times for any purpose, but
the Lessor shall pay the Lessee for any damage to crops due to and caused by
such entry.
Section 6 -- Crops and Soil Treatment
It is required thai the land leased under this agreement be farmed
in a manner consistent with recognized modem soil conservation practices to
:..maintain fertility and control erosion.
To provide as much ground cover as possible, all cornstalks,
stubble from wheat, oats, and soybeans after harvesting, and all chaff from
clover harvested for seed, shall be allowed to remain on the ground.
No land shall be plOwed in the fall and allowed to lie fallow over '
the winter. If fall plow. lng is done a cover crop is to be sown in the fall.
Drainage courses as directed by the Lessor shall be seeded to per-
manent grass waterways by the Lessee and shall not be plowed or cultivated.
Contour planting or other recognized conservation methods shall
be practiced on slopes, as selected by the Lessor, and certain other areas
(not necessarily steep slopes) where, in the opinion of the Lessor, 'erosion'has
occurred or Is likely to occur, shall be taken out of cultivation permanently,
1-yr.
P. 3
and the Lessee shall not plow, cultivate, or in any manner use these areas
seeded to permanent grass. No land shall be plowed Within six feet of ditch
banks or within ten feet of steep slopes.
Rents at the prorated rate per acre will be adjusted by negotiation
with the Lessee .for additional areas taken out of cultivation due to erosion
control during' the lease period.
Section 7 -- Prohibited Practices
The Lessee shall not cut any live trees nor use any marketable
timber for fuel or any other purpose nor plow any permanent grassland without
th'e..consent of the Lessor.
No gravel shall be removed from the leased premises.
The Lessee shall do no hunting, trapping, or dog trainihg on the
land leased, nor shall he give permission for anyone else to do so.
No fires shall be built and no outings or picnics shall be permitted
on the land leased.
No fence rows are to be burned for weed control, or any other rea-
son, without the consent of the Lessor, and no stubble fields are to be burned.
The occupancy under this lease is for agricultural and residential
purposes only and shall not give the Lessee or any other person the right to
enter upon the Indianapolis Water Company's reservoir from the leased premises.
No refuse or trash of any kind is to be dumped on the land leased.
All such waste materials are to be removed to a recognized public dump at the
expense of the Lessee; and all refuse previously disposed Of on the leased
premises is also to be so removed.
Sec{ion 8 -- Buildings and Improvements
The Lessee shall have the right to use al] buildings on the leased
premises for the usual operation of the farm. Said Lessee shall not raze an~,
building or make any expensive changes without the written consent of the
Lessor. The Lessee agrees to furnish the necessary work for minor repairs to
bu~idings and fences.
The Lessor shall not be responsible or liable for any repairs con-
tracted for by the Lessee which have not been authorized, in writing, by the
Lessor.
The Lessee shall promptly pay every claim for labor done or material
furnished for the improvement of the leased premises at the Lessee's direct or
indirect request, to the end that no mechanic's, materialman's, or other lien
may be asserted against the leased premises in respect of such a claim during
the term of this lease.. If any such lien shall be asserted, the Lessee shall
promptiy pay the claim underlying the asserted lien and cause the release of the
ass'erred lien. If the Lessee shall fail to pay any such claim within thirty (30) '
days after the lien in respect thereof shall have been asserted, the Lessor may,
at. its option, pay' such claim, and the amount' so paid by the Lessor, with'
1-yr.
P. 5
interest thereon at the rate of six per cent (6%) per anhum, shall be immediately
collectible from the Lessee, as so much additional rent. The Lessee's failure
to obtain the prompt release of the leased premises from any mechanic's, ma-
' tertalman's, or other similar lien that may be asserted against the leased pre- ·
raises during the term of this lease (except any lien asserted in respect of an
unpaid claim for labor or material for which the Lessor shall have given an order
in writing) shall constitute a default hereunder, in respect.of which 'the remedies
defined in Section 14 hereof shall be available to the Lessor.
Notice .Is hereby given that no mechanic's, materialman's, or other
lien that shall be sought or asserted during the term of this lease (except any
lien In respect of an unpaid claim for labor done on or material furnished to the
leased premises pursuant to the Lessor's written order given directly to the sup-
plier, of ~uch labor or material) shall in any manner or degree affect the title of
the Lessor to, or its rights in and in respect of, the leased premises; and any
such lien that may be asserted shall be subordinate to the right, title, and
interest of the .Lessor in and to the leased premises, as the owner thereof.
The Lessor does not covenant against the destructiorr of or damage
to any of the buildings on the premises', but if any such buildln~ is.destroyed or
damaged by fire or other accident,, the Lessor shall receive an account of such
damage and if the Lessor elects not to rebuild or replace such structure, the
Lessee shall be entitled forthwith, at his option, to terminate this lease or any
renewal thereof.
The Lessor shall in no way be liable for the welfare of livestock on
the premises and the Lessee agrees to assume all liability for and protect the
l-yr.
Lessor from all liability of any kind due to livestock on or off the premises.
Section 9 -- Weeds
The Lessee agrees to cut all weeds on cultivated fields, fence rows,
and roadways, and to keep same cut during each season.
Section 10 -- Tile
The Lessee agrees to keep all tile outlets open and to replace tile
broken during his ienancy. The Lessor is to be notified of need f~r tile repairs
and is to furnish the material for such tile repairs..
Section 11 -- Pasturing Stock for Outside Parties
No livestock except the Lessee's shall be kept on the farm. No live-
s~ock shall be permitted to graze or pasture'within 150 feet of the water's edge
of the"reservotr. Any fencing required to accomplish this purpose shall be at
Lessee's ex. pense. Lessee may not pasture stock for outside parties.
Secti6n 12'-- Use and Care of the Premises
Lessee agrees to farm the above premises and care for the land and
buildings tn a good husbandlike manner, ordinary wear and tear excepted-.' 'it'is the
intent of the parties hereto that the Lessee shall keep the premises in a neat and
tidy condition and at all times exercise the greatest care possible so that depre-
ciation shall be held to a minimUm. It is agreed that the Lessee will not farm any
other of the Lessor's land except the land leased to him under this agreement'.
All straw removed for use in the care of livestock shall be returned
to the land.~ The Lessee agrees to protect from leaching and tramping, as far
as possible with the facilities that may be on the acreage, all manure ·produced
1-yr.
p. 7
on said acreage and to haul this manure to such fields and at such times as
will be most beneficial to crops or lands.
Section) 13 -- Qondttion of Premises at Termination of ,Lease
Up6n the termination of this lease', the Lessee agrees to leave the
premises in as good condition as the same now are, or may be put during the
term of this lease or any renewal thereof.
Section 14 -- Default and Remedies
If the Lessee shall be in default in the payment of the rental hereby
reserved, or tn the payment of any other money or charge that, by the terms' of
this lease, is to be paid by the Lessee, or in the performance of any other duty
imposed on the Lessee by this lease, or if the Lessee shall abandon or vacate
the leased premises before the end of the term of this lea~e, and if such d~fault
shall continue for a period of ten (10) days after the Lessor sh'all have delivered
or mailed to the Lessee written notice of the existence of s'uch default, then
the Lessor may, at its option, at the expiration of such period of ten (10) days,
re-enter the leased premises and retake possession thereof without further no-
tice and without process of law, such further notice and process being hereby
waived by'the Lessee. Upon the Lessor's so retaking posse.~sion of the pre-
raises, the Lessor may relet the premises. No such retaking of possession or · '
reletting by the Lessor shall be deemed an acceptance by the Lessor of a sur-
render of the leased premises or this lease, nor shall such retaking of posses-
sion or reletting by the Lessor in any way terminate the Lessee's liability here-
under.. The Lessee shall remain liable for the rents hereby reserved and for the
.1-yr.
P. 8
1-yr.
expenses incurred by the Lessor tn such retaking and relettmg, less the amount
realized from such reletting. The Lessor shall have the further right, upon the
occurrence of any of the Instances of default mentioned above, or upon the
Lessee's abandonment or vacation .of the premises before the end of the term, to
terminate this lease without notice to the Lessee, and to retake possession of '
the premises.
The remedies provided by this section shall be cumulative, and
shall not be exclusive of any other remedy included In th'is lease or available
to the Lessor at law or in equity.
Section 15 -- Nonwatver Provision
If, upon the occurrence of a default in the performance of any co-
venant contained in this lease, the aggrieved party shall fall to avail Itself of
any right secured to it, such failure shall not constitute a waiver thereof up. on
the continuance or subsequent occurrence of the same, a similar, or a different
default.
Section 16 -- Damage Due to Flooding
It ts agreed that the Lessor is not responsible for any damage to
crops on the land leased under this lease due to high water or flooding from the
Indianapolis Water Company's reservoir Or other source.
Section 17 -- Liability
Lessor shall not be held liable for accident, injury, or damage to
any person, persons or property that may occur upon or aboUt said premises
~during the Lessee's occupancy.
The Lessee does hereby agree to indemnify and save
harmless the Lessor against an~ from all liability, loss,
damage, cost, charge,.or expense for, and upon account of, or
arising out of, any injury (including death) to any person or
persons (including the Lessee) or damage to any property (in-
cluding that of the Lessee) in connection with this lease or the
leased premises, that is due to any act or acts, whether or
omission or ~ommission, negligent or otherwise, of the Lessee
or of any person or persons acting for, under, or in behalf of
...the Lessee.~~
The Lessor and Lessee hereby agree to keep and perform
all of the covenants and agreements by them herein respectively
undertaken without relief fr6m valuation and appraisal laws and
with attorney fees.
ATTEST:
DOROTHY ~ 'HANCOCK
CLERK TREASURER
~ ~~ , Lessor
E A. REIMAN~ MAYOR
P~UL D. HENS'EL, Lessee
Thi~ agreement is executed this
day of ~