HomeMy WebLinkAboutWSU Land Lease #22893 #118180180ORIGINAL
WSU Contract # 9-2 8 F 3
REID# ��'____ /5"0 -°oz
LAND LEASE
THIS LAND LEASE (the "Lease") is entered into by and between the City of Pasco,
located in Pasco, Washington (hereinafter referred to as "Lessor"), and Washington State
University, an institution of higher education and agency of the state of Washington, by and
through Washington State University Extension (hereinafter referred to as "Lessee").
1. Grant of Lease: For and in consideration of the promises and covenants
contained herein, Lessor hereby leases to Lessee, and Lessee does hereby let from Lessor, one
tract of land consisting of approximately 10.9 total acres currently planted with a crop of fallow
(the "Crop"), and more particularly described as follows (the "Premises"): Located in Franklin
County Washington identified as Parcel Numberl 18180180;
PTN NW4 18-9-29 DAF: COMM AT NW COR SD SEC 18; TH S88D59'E
ALG N LN SD SEC 18, 1711.47; TH S02D03'E, 770.74'; TH S061344'E,
315.4' TO MOST NLY COR TRACT OF LAND SHOWN AS PARCEL 5
ON RS #456145 & TPOB, BEING ON THE SELY R/W MARG OF SR -182;
TH S06D44'E, 268.86; TH S55D 31'E, 381.95' TO NWLY LN FR CO IRRIG
DIST PIPELN R/W; TH S35D21'W ALG SD PIPELN R/W, 883.96; TH
N48D21'W, 237.52; TH N35D22'E, 233.41'; TH N54D38'W, 498.88' TO
SELY R/W MARG OF SD SR -182; TH N50D21'E ALG SD R/W MARG,
152.64; TH N44D38'E ALG SD R/W MARG, 402' TH N49D46'E ALG SD
R/W MARG, 100% TH N49D08'E ALG SD R/W MARG, 182.79' TO TPOB
and as further outlined on Exhibit A attached hereto and incorporated herein by this
reference.
2. Term of Lease: The term of this Lease shall commence January 26, 2015 and
continue through January 25, 2018 (the "Term").
3. Permitted Use: The Premises shall be used by Lessee solely for the purpose of
vegetable crop research, including experimental or demonstrational work, to be performed by
personnel from the Franklin County Extension office of Washington State University.
4. Rights and Duties of Lessor:
A. To provide access to irrigation water for the Premises as needed during the
growing season (the season in which irrigation water is available from the Franklin
County Irrigation District).
B. To enter the Premises for the purposes of inspection and maintenance at
any time; however, Lessor shall not otherwise enter or knowingly permit entry of
unauthorized persons onto said Premises, and Lessor shall not remove or knowingly
LAND LEASE
Page 1 of 7
permit to be removed from said Premises, plant or other materials grown or placed
thereon.
C. To allow Lessee, if necessary, a right of ingress and egress across other
property of Lessor to access the Premises.
5. Rights and Duties of Lessee:
A. To pay to Lessor a lease rate of $183.48 per acre per year, for a total three-
year lease payment of $6,000. Lease payments will be paid on an annual basis, with one-
third of the total lease payment to be paid each February until the contract expires.
Schedule:
Payment 1: Due February 15, 2015, in the amount of $2,000.00;
Payment 2: Due February 15, 2016, in the amount of $2,000.00; and
Payment 3: Due February 15, 2017, in the amount of $2,000.00
All payments shall be made by Lessee to Lessor at: City of Pasco, Attn: City
Manager, 525 N. Rd. Ave. Pasco, WA. 99301.
B. To use the Premises only for the permitted use and no other use.
C. To remove Crops, plant materials and/or soil samples from the Premises
for research purposes.
D. To furnish at its own cost labor and materials for all research conducted.
E. To exercise reasonable care and due caution in conducting the
experimental and demonstrational activities on the Premises.
F. To vacate the Premises at the termination of the Lease, including removal
of all materials and equipment used by Lessee on the Premises during the Term hereof.
G. To provide its own equipment to prepare soil, plant crops, apply fertilizers
and pesticides, and harvest test plots. Equipment may include: Tractors, Small seeded
vegetable planter, large seeded vegetable planter, 5' roto tiller, 5' mower, 3 pt field
sprayer, disk, and trailer mounted chemigator.
H. To destroy crop residue by means of soil incorporation at the duration of
each field season of the Lease Term.
I. To plant and maintain cover crops in the fall of each season in an attempt
to mitigate unreasonable soil erosion.
LAND LEASE
Page 2 of 7
6. Compliance with Law. Lessee shall comply with all applicable Federal, State
and local laws, codes and regulations including all environmental laws and dust control
regulations in regards to its operations of the Premises. Lessee shall not allow any waste or
nuisance on the Premises, or use or allow the Premises to be used for any unlawful purpose.
7. Payment of Taxes, Assessments and Utilities. Lessee agrees to pay the
electrical utilities for the Premises; and one-half of the Franklin County Irrigation District's
irrigation, water charges, and other assessments for the Premises, if any.
All payments shall be made by Lessee to Lessor at: City of Pasco, Attn: Dave Zabel, 525
N. Rd. Ave. Pasco, WA 99301 not more than thirty (30) days after receipt of an invoice from
Lessor.
The Lessor shall pay the Washington State Leasehold Excise tax atl2.84% in the amount
of $256.80 per year.
8. Expenses of Farming. Lessee shall pay all expenses of farming the Premises to
farm the Premises in a husband -like manner.
9. Chemicals and Fertilizers. Lessee shall apply chemicals and fertilizers to the
Premises according to standards applicable to the industry and consistent with the current
standards stated within the IMP. Lessor shall not incur any responsibility or liability to any
thirty party for the negligent or wrongful acts of the Lessee related to the chemicals and/or
fertilizers used or its application, and shall defend, indemnity, and hold Lessor harmless from
any damages resulting from such negligent or wrongful act of the Lessee.
10. Deleterious, Hazardous, Toxic or Harmful Substances.
A. Deleterious Material. The Lessee shall not make, or suffer to be made,
any filling in of the Premises or any deposit of rock, earth, ballast, refuse, garbage, waste
matter, chemical, biological or other wastes, hydrocarbons, any other pollutants, or other
matter within or upon the Premises, except as approved in writing by the Lessor. If the
Lessee fails to remove all non -approved fill material, refuse, garbage, wastes or any other
of the above materials from the Premises, the Lessee agrees that the Lessor may, but is
not obligated to, remove such materials and charge the Lessee for the cost of removal and
disposal.
B. Hazardous, Toxic or Harmful Substances. The Lessee shall not keep on or
about the Premises, any substances nor or hereinafter designated as or containing
components now or hereinafter designated as hazardous, toxic, dangerous, or harmful,
and/or which are subject to regulation as hazardous, toxic, dangerous, or harmful by any
Federal, State or local law, regulation, statute or ordinance (hereinafter collectively
referred to as "Hazardous Substances") unless such are necessary to carry out the Lessee's
permitted use(s) under Section 3 above, and unless the Lessee fully complies with all
Federal, State and local laws, regulations, statutes, and ordinances, not in existence or as
subsequently enacted or amended.
LAND LEASE
Page 3 of 7
C. The Lessee shall:
(1) Immediately notify the Lessor of (i) all spills or releases of
any Hazardous Substance affecting the Premises, (ii) all failures to comply
with any Federal, State, or local law, regulation or ordinance, as now
enacted or as subsequently enacted or amended, (iii) all inspections of the
Premises by, or any correspondence, orders, citations, or notifications
from any regulatory entity concerning Hazardous Substances affecting the
Premise, (iv) all regulatory orders or fines or all response or interim
cleanup actions taken by or proposed to be taken by any government entity
or private party concerning the Premises; and
(2) On request, provide copies to the Lessor of any and all
correspondence, pleadings, and/or reports received by or required of the
Lessee or issued or written by the Lessee, or on the Lessee's behalf with
respect to the use, presence, transportation, or generation of Hazardous
Substances related to the Premises.
D. To the full extent permitted by and within the scope of the coverage
afforded by the State of Washington Self -Insurance Liability Program (RCW 43.19.766
et seq.) and the Tort Claims Act (RCW 4.92.060 et seq.), the Lessee shall be fully and
completely liable to the Lessor, and shall indemnify, defend, and hold harmless the
Lessor and its agents and employees, with respect to any and all damages, costs, fees
(including attorneys' fees and costs), penalties (civil and criminal), and cleanup costs
assessed against or imposed as a result of the Lessee's use, disposal, transportation,
generation and/or sale of Hazardous Substances, or that of the Lessee's employees,
agents, assigns, contractors, subcontractors, licensees, invitees, and for any breach of this
subsection.
11. Risk of Loss. Except as provided above, and for loss or damage to the Premises
caused by the negligent acts of Lessee or Lessee's employees or agents, the Lessor does hereby
voluntarily, upon full disclosure by the Lessee of the risks involved, accept and assume all risk of
damage to the land which may occur due to the experimental and/or demonstrational activities of
Lessee hereunder.
12. No Assignment. This Lease, and the rights and obligations hereunder, may not
be assigned or transferred, in whole or in part, without the express prior written consent of the
other party.
13. Governin¢ Law. This Lease shall be governed by and construed in accordance
with the laws of the State of Washington.
LAND LEASE
Page 4 of 7
14. Dispute Resolution. In the event of a dispute regarding the enforcement, breach,
default, or interpretation of this Agreement, the parties shall first meet in a good faith effort to
resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties,
said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both
parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin
County, Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
15. Notice. Any notice or demand from or to the PARTIES shall be personally
delivered or mailed by first class certified United States mail, return receipt requested, postage
prepaid, addressed to the address set forth below or to such other address as the PARTIES hereto
shall have last designated by notice in writing to the other PARTY as provided in this
AGREEMENT. Notice shall be deemed delivered on the date actually received.
Lessor: City of Pasco
Attn: Dave Zabell, City Manger
525 N. 3`a Ave.
Pasco, WA 99301
Lessee: Washington State University Extension
Franklin & Benton County
Attn: Tim Waters, Regional Vegetable Specialist
404 W. Clark Ave
Pasco, WA 99301
With copy to: Office of Finance and Administration
PO Box 641045
Pullman, WA 99164-1045
16. Time is of the Essence. The parties acknowledge and agree that time is of the
essence with respect to all of the terns, conditions and provisions of this Lease.
LESSOR:
City of Pasco, Washington
dlo !0 ",,-
Dave Date
City Manager
LAND LEASE
Page 5 of 7
LESSEE:
Washington State University
Tended by:
Rich Koe ig D to
Assoc. Dean & Director Extension
Jrod-b
16
Amanda 9 Date
Contract Manager
Finance and Administration
ACKNOWLEDGMENT
STATE OF WASHINGTON )
): ss
COUNTY OF W\r� , Vyna n )
I certify that I know or have satisfactory evidence that Aman& c)(k)Zn is
the person who appeared before me, that said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute this instrument, and
acknowledged it to be the free and voluntary act and deed of Washington State University for
the uses and purposes mentioned in the instrument.
DATED this -1 day of 2015.
`v�\p\`SR�DAV
PS '.ssio'n` �S0
5 NOTARY �`: _ �NZ a.m. Sv.L
NotaryPublic in and for the State of Washington
PUBLIC c
Nig'•Op Nb_
�c G My commission expires: 09-
STATE OF WASHINGTON )
� ): ss
COUNTY OF )
I certify that I know or have satisfactory evidence that VzD is the
person who appeared before me, that said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute this instrument, and
acknowledged it to be the free and voluntary act and deed of the City of Pasco for the uses and
purposes mentioned in the instrument.
DATED this1� day of A 2015.
LAND LEASE
Page 6 of 7
Printed Name —a , L•
Notary Public in and for the State ofWashingtonW)' ashington
My commission expires: � �1 ,a
Exhibit A:
LAND LEASE
Page 7 of 7