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City of Carmel/Gary Foulke/131st & River Rd131n Street Fw Lz FARM LEASE AGREEMENT This Farm Lease Agreement ("Agreement") is made this 1 Z+I'day of M 1998, (the "Effective Date"), by and between the Carmel/Clay Board of Parks and Recreatidn (the "Landlord"), and Gary Foulke, a sole proprietor (the "Tenant"). WHEREAS, Landlord owns approximately 15.79 acres of unimproved real property located immediately north of East 131 st Street and west of River Road, more particularly described on Exhibit "A' attached hereto and incorporated herein by this reference (the "Farm"); and WHEREAS, Landlord's master plan has not targeted the Farm for development in 1998; and WHEREAS; Landlord believes it to be in its and the CarmeUClay community's best interest to allow the Farm to generate revenue while it waits for development; and WHEREAS, Landlord believes that revenue may be generated by leasing the tillable acreage of the Farm for agricultural purposes, which tillable acreage is approximately 9.5 acres (the "Premises"); and WHEREAS, Tenant is in the business of farming real property and is eligible to lease the Premises pursuant to the definition set forth in IC 36-1-11-12; and WHEREAS, Landlord desires to lease to Tenant the Premises and Tenant desires to lease from Landlord the Premises pursuant to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and conditions set forth herein and the rental payments, the parties hereby agree to the following terms and conditions: TERMS AND CONDITIONS 1. INCORPORATION OF RECITALS. The foregoing recitals are considered to be a part of this Agreement. 2. LEASE. Subject to the existing utility fines, fences and wooded area which are not to be disturbed for any reason and to future encroachments which do not interfere with Tenant's rights granted hereunder, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord for the Term and on the terms and conditions set forth herein. Tenant hereby acknowledges that the Premises was part of an overall tract and that Tenant must not go onto or interfere with in any way, the property of another. 3. TERM. The Term of this Agreement shall commence on the.Effective Date and terminate on December 31, 1998. 4. RENT. Tenant shall pay to Landlord as rent for the Premises the sum of Nine Hundred Fifty and no/100's Dollars ($950.00) ($100.00 per acre), payable to the "Carmel/Clay Department of Parks & Recreation" by certified or cashier's check or other method acceptable to the Department, in one installment on November 1, 1998, Tenant shall deliver rent to the Department's address as set forth below in the notice provision. Delivery of the rent after the due date shall bear interest at the highest interest rate allowed by applicable law. 5. PURPOSE. Subject to the terms and conditions set forth herein, Tenant shall use the Premises for the sole purpose of planting, tending and harvesting soybeans. 6. LANDLORD'S OBLIGATIONS. Landlord's obligations to Tenant shall be, limited to furnishing the Premises to Tenant and crediting Tenant for any damage caused by Landlord during Landlord's presence on the Premises.' 7. TENANT'S OBLIGATIONS. Tenant hereby agrees to a. Personal Property Taxes. Pay all taxes on the Tenant's personal property. b. Standard. Follow the generally accepted fanning practices that are generally recommended for, and that are best adapted to, similar types of farmland in this locality unless other practices are agreed upon. c. Labor & Equipment. Furnish all labor, power, machinery and moveable equipment and all operation and maintenance expenses consistent with the purpose set forth above. d. Damage. Notify Landlord as soon as practically possible, of any damage on or to the Premises during the Term hereof and for any damage for which Tenant intends to hold Landlord responsible. e. Weeds. Cut weeds in lots, fence rows, and along roads whenever necessary to prevent re-seeding. f. Generally Accepted Practices. Follow generally recommended practices in plowing, planting and cultivating to prevent excessive loss of soil and water through sheet erosion. Control gullies in their early stages. g. No Assignment. Neither assign this Agreement to any person or persons nor sublet any part of the Premises for any purpose without Landlord's prior written consent therefor. h. Delivery upon Termination. Yield peaceable possession of the Premises at the expiration or earlier termination of this Agreement. i. Eli 'bility to Lease. Represents,that:Tenant -has not owned or been.the representative of a person who has owned, the Premises and who could have redeemed the,Premises before ,a deed for the Premises wasIssued.,to a county under TO 6-11-25-4. 8. RIGHTS AND PRIVILEGES ght of a. Entry. Landlord or its designea.and persons with existing rights; shall have tfie;ri entry onto, under, over and through, the Premises at any mutually convenient times. b. Fences, Buildings Utilities. Landlord. shall have the right to.erect, maintain and remove,at,its expense,' temporary fence and moveable buildings'on the farm, provided that such fence or buildings or their removal do not damage theTenant 'sproperty in anyway: Landlord shall have the, riotfto,gram,ititerests in land;such as easements' on, over, through, and across the Premises so long as such does not interfere with Tenant's•r ots granted hereunder.. Landlord shall' have ihe•right ?to exercise all rights reserved herein or otherwise,available to Landlord in,such as way as to keep at d minimum any interference with Tenant's rights,granted hereunder._ Park Board hereby reserves for itself its successors'and assigns, the right to use:the Premises for any purpose which is not inconsistent with Tenant's.use of the. Premises. c. Hold Over. Tenant shall.havethe right of entry for the puipose of harvesting fall crops. which the Tenant was unable to harvest:beforethe termination.of this Agreement due to weather ccnditions:or circumstances beyond the Tenant's control, or to sell•hisinterest in such crops either to the Landlord or to any succeeding tenant; provided'. however, that Landlord shall have no obligation to buy>any such interest. However, it is, understood that the Tenant shall plant no crops which are to be harvested in the spring,or plow the Premises in anticipation of an agreement being `entered -into for the succeeding year, unless a Lease-has been entered into for the succeeding year and any such anticipatory planting- fertilizing or plowingshall be done.at Tenant's sole risk 9. LANDLORD'S NON-LIABILITY, a. Assumption of Risk. T, enant, assumes.all risks and responsibilities for accidents, and injuries, including death resulting form such injuries or damagesta persons or property arising`from Tenant's rights gatited hereunder, including activities tinder this Agreement in, on or about the Premises; (except any such-accidents, injuries„death resulting from such injuries, or damage,to persons or property arising from. Landlord's entry on the Premises) and hereby agrees to indemnifyand hold-Landlord harmless from any and all claims; liabilities, losses, costs and expenses (including attomey:fees),arising from, or in connection with, his,use or control of the Premises and the improvements thereon during the'Term of this Agreement. Tenant shall be liable to Landlord for any damages to the Premises and for any act done by'Tenant•orany person coming onto the Premises by the license+of Tenant, express or implied, except Landlord,' Landlord's agent or employees. Tenant-and Landlord agree that the Landlord shall not be fesponsible in any way _for any damage done to anyofthe'above described real estate or crops thereon by reason of livestock.belonging ,to other persons which come on the^above described reafestate even if such livestock comes onsuch real estate.because'of the Lessoi's'failure to repair or. improve fences to.preventtheir, entry: And theLessee shall hold the Lessor hanrd&ss for any such damage or loss incurred by reason of such. b. Insurance. .Tcnam.shall maintairf at its expenses, public liability and property damage insurance in standard form, providing-for coverage for bodily injury and death. liability ofnot less than $1,000,000.00, and coverage for property damage liability ofnot less than,$1,000,000.00. Claims made policies are not acceptable. The policy(ics).shall be obtained,ffom.a company satisfactory to Landlord'arid licensed to do business in.the,State oflndiami. Theirrsurance, policy(s)'shall. name, Landlord,.its appointed and. elected officials and employees as additional insureds and piovide'for at, least ihirty,(30)-,days notice to Landlord prior to termination or, cancellation 'of the policy in whole or in part. Evidence of such'insurance: acceptable to the Park Board shall .be promptly delivered-to Park Board upon request. The minimum limits,of the insurance coverage to be!mainiained by Tenant hereunder shall not limit Tenant's liability under this Agreement, 10. NOTICES. Notices.permitted or required.hereunder shall be in writing and shall be delivered or sent by overnight carrier or by certified mail, Any party may change its address,for receipt of notices by written;notice to the. other party. Notices shall be deemed'to have, been given one (1), day after deposit with the overnight carrier of three (3) days after mailing,as provided herein. The Parties' initial addresses for notice purposes are: Landlord; The Carmel/Clay Board of Parks and,Recreation 1055 Xr i`Avenue Carmel, IN 46032 Attention: Director Tenant: Gary f otUe; a sole proprietor 719 Watermead Drive Noblesville, IN 46050 Cell,phoue: 3171439=8,865 11. MISCELLANEOUS, a. Termination. `In addition to,the.termination of this Agreement pursuant to the expiration of the Term, Landlord shall be entitled; but not required, to terminate this Agreemenf in, the'event.that Tenant fails to observe or. perform any of the conditions or covenants ofthis Agreement,on his part to be observed or performed and, after ten (10) days written notice thereof pursuant;to the notice provisions'without Tenant's having taken reasonable steps to cure or,commence the,procedure For"any'such cure, Landlord shall have the right biitnot,the obligation'to declare the Agreement terminated, and upon so declaring, Landlord shall have the right forthwith'to reenter and repossess the Premises. Failure'of either.;the Landlord or the Tenant to comply with the terms and conditions set .forth in this-Agreemeiit shall make,the,noncomplying party liable for damages.to the other party b. Surrenderof Premises' upon Termination. Upon the expiration. of Term-as set forth in this Agreement, Tenant shall quit and surrender to Landlord the Premises; together with all improvements on the Premises, in good order and, condition, ordinary wear and tear excepted, provided that"Tenant.shall retain the,rightto,hold over fora reasonable time to complete. its harvest ofany crops remaining in the field.. During:such- holdover period,.Tenant shall comply with all insurance and indemnification provisions contained herein. C. Successors.- The terms, covenantsiand conditions hereof shall be.binding upon, and inure to-the benefit of, the heirs, personal representatives, successors or assigns of the parties. The reference heretn'to "assigns" in no way allows Tenant to assign its interest herein to.anotherwiihout Landlord's prior written consent. d. No. Automatic?Renewal. This. Agreement expires?as of December 3.l, 1998; without any further notice from Landlord to Tenant and.shall not be subject;to any automatic renewal. Tenant shall have no right to continue this Lease or to farm the Premises °unless Landlord;grants-that right in a new'written lease agreement. e:. Severabilitv. If any term,,,provision or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainderofthis,Agreement (or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable shall not be 0ected.thereby, and each term, provision.or condition of this Agreement shall be valid and enforceable to .the fullest.extend permitted by law. f Nondiscrimination: Tenant agrees, that it shall-not discriminate against any employee, applicant for employment, subcontractor or anyone seeking work in the performance of this Agreement, with respect to hire,-tenure, terms, conditions or privileges of employment, because of race, sex; religion, color, nation_ a1 origin, ancestry, age, handicap,.disabled veteran status.or Vietnam era veteran status. Breach of this provision constitutes;a material breach of this. Agreement., S. Governing Law., The laws of the State ofIndiana shall:govem this,Agreement^ IN WITNESS` WHEREOF,"the,parties agree to the foregoing terms and conditions TENANT LANDLORD By:? By. U„& Printed: Craryoulke ;Pnnte& Randy A r Title. asole proprietor. Title: Director; Carmel/Clay Department ent of Parks And Recreation STATE OF wDwA A ) SS:__ COUNTY OF HAMILTON' Before me, a Notary Public in and for. said County;and State personally-appeared'Gary Foulke, a sole proprietor, who executed the foregoing Farm Lease;Agreemehefor and on behalf of sole`proprietorship. Witness my hand and Notarial Seal this ?.daybf 1998. My Commission Expires: ??11 Signatuf& i ,, ,, ? ?y ?? ? -Printed- j?J6 M fit" Notary Public Residing,in ` `1%,County;StateofIndiana. my - FARMLEA5EAGREESfF.NT Lytmwood: East 131st Street EXIMTT"A„ Part of the Northwest Quarter of Section 27, Township 18 North, Range 4 East in Hamilton County, Indiana, desertbsd as follows: Beginning at the Southeast comer of said Quarter Section; thence North 89 degrees 50 minutes 26 seconds West (assumed bearing) along the South line of said Quarter Section a distance of. 775.74 feet to the southeast corner of Plum Creek North Section 1 recorded as Instrument No. 9446745 in the Office' of the Recorder of Hamilton County Indiana; thence North 00 degrees 00 minutes 00 seconds East along the East line of said Section 1 and the East line of Plum Creek North Section 2 recorded as Instrument No. 9446746 and the East line of Plum Creek North Section 3 Recorded as Instrument No. 9559876 a distance of 761.17 feet; thence the next two courses along the Southeasterly and Southerly lines of said Plum Creek North Section 3; thence North 41 degrees 15 minutes 00 seconds East a distance of 174.60 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 665.34 feet to the East line of said Quarter Section; thence South 00 degrees 18 minutes 10 seconds best along said East line a distance of 894.61 feet to the Point of Beginning, containing 15.79 acres, more or less.