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HomeMy WebLinkAboutBosman Enterprises FW-1098-ACITY OF PASCO INFORMATIONAL COVER SHEET FOR DOCUMENTS REQUIRING CITY MANAGER SIGNATURE (Print on Blue Paper when completed.) Project Name: Agricultural Lease No. FW-1098A Vendor Name: Bosman Enterprises Contract Number: FW-1098A Amount seeking approval for: $_0 __ DIVISION: Date: 8/20/2019 G/L Account#: _________ _ CONTRACT OVER 100,000 • D Administration D Engineering D Operations D Sewer D Water D Irrigation D Treatment Plants D Reuse l;8J Other AGREEMENT TOPIC & BACKGROUND: Lease Agreement Lease Agreement with Bosman Enterprises and the City of Pasco to farm crop circles 7, little 7, and 10. Lease begins 11/01/2019 and expires 10/31/2020. Lease is renewable for one year (after the first year is complete) with mutual agreements between both parties. Lessee will farm 280 acres at $460 per acre. CONTRACT SELECTION PROCESS: D Consultant Roster D RFQ D Formal Bid D Small Works Roster D Negotiated 1:81 N/A or Other ____ _ BUDGET/FINANCIAL IMPACTS: Revenues: Rent Lease Hold Tax (12.84%) Total Funds Available $114,1 43 .92 $14,656.08 $128,800.00 CONTRACT EXPIRATION DATE: 10/31/2020 D Council action needed for future renewal ~L .. i(J/V D Contract language D Insurance coverage reviewed D Perfonnance & payment bond approval ATTACHMENTS: Lease Agreement Date last update 12/11/2018 Expenditures: Preliminary Engineering (PE ) $ Right-of-Way (RW) $ Construction ( CN ) $ Total Est. Ex penditures $ INSURANCE EXPIRATION DATE: _____ _ JL B-Z..l-f'r City Engineer Date Fi ~ 9llJJ/!! ate D Funding source approval DOCUMENT DISTRIBUTION AFTER SIGNED: • Original to City Clerk with copy of blue sheet • Original or Copy to vendor (their choice) • Copy to Public Works Department • Copy to Finance Department Location: Engineering Working Folder>FORMS>Pasco Blue Sheet 12-11-2018 I - CITY OF PASCO Agricultural Lease No. FW-1098 A THIS AGRICULTURAL LEASE is entered into this .15th day of October, 2019 by and between the City of Pasco, a Washington Municipal Corporation ("Lessor"), and Bosman Enterprises ("Lessee"). This Lease is made upon the terms and conditions and for the consideration enumerated herein. I. Description of Leased Property. Les:wr leases to Lessee, and Lessee leases from Lessor, on the terms and conditions· stated.below, crop circles numbered 7. Little 7 , and 10 for the production of agricultural products upon the following described real.property ("Premises"): A portion of the irrigated cropland located in the SW 1/4 Section 3, and Center of Section 3, Township 9N, Range JOE, WM, more commonly known as Irrigation Circles 7 and Little 7; And SE 1/4 Section 34, Township ION, Range 30 E, more commonly known as Irrigation Circle IO, all in Franklin County WA, total consisting of 280 acres, more or less. 2. Process Water Reuse Facility and Wastewater. Having been fully apprised of the critical need to apply reuse water to the Premises at such times as may be imposed by Lessor. arising · from Lessor's obligation to timely distribute such reuse water from affiliated food processing facilities, Lessee, shall without limitation, submit to a crop harvest scheduling plan prepared or approved by Lessor. Lessee agrees to strictly adhere to such plan at the behest of Lessor with the specific objective of maintaining availability of adequate field areas for the application of reuse water to tield crops. Lessor reserves the right to limit the Lessees number of crop cuttings to three (3) cuttings per season unless additional cuttings are approved, in advance, by the City. The City's approval for additional cuttings shall not be unreasonably withheld dependent upon the Lessors operational requirements of its reuse facility. The parties understand and acknowledge that the Leased Premises are served by two watering systems, specifically (1) the irrigation system consisting of wells servicing the Leased Premises, and assQciated pipes and other fixtures; and (2) the fruit and vegetable process wastewater system, consisting of the offset pump station, and pipelines to the Leased Premises. The parties further understand and -acknowJedge that both systems shall be operated by Lessor, and that Lessor shall, subject to the further terms hereof, have the discretion to regulate the blend of wastewater and well water delivered to the Leased Premise.s for irrigation purposes. The Lessee agrees to coordinate with the Lessor and accept vegetable and fruit process wastewater to be applied to the Lessee's crops and farmlands as outlined in the current City of Pasco Crop Rotation Plan and Farm Operations Report (CRP/FOR) and State Discharge Permit No. ST5369. The Lessor shall have the final say on the wastewater application rate and schedule. The Lessee agrees to abide by the CRP/FOR requirements including the proper Agricultural Lease -l operdtion of the circle and well pumps, a balanced fertilizer program for the specific crop taking into consideration the total nitrogen, nitrate, and TKN of the wastewater, well water, and .residuals in the soils as identified in the CRP/FOR. No fertilizer shall be applied upon the premises without the Le.~sor's prior written consent, which consent shall not be unreasonably withheld nor delayed. Commercial fortilizers shall not be applied in excess of suggested label application, or in a manner inconsistent with label instructions. Lessor's management and nitrogen applied to the premises is criti.cal to the utilization of the premises as a portion of its Reuse Facility. Therefore, any violation of this section shall constitute a substantial breach of this Lease. The Lessee shall report to the Lessor the results of all tests on the crops an~ yield. Th.e Lessee shall provide to the Lessor copies of any and all test results including moisture tests taken on the Lessors farmlands. 3. Term of Lease. (a) LJ (check box if applicable). Single Season. The term of the Lease shall be for: (i) Circles 7, Little 7 and I 0 commencing on the 1st day of November, 20.12, and terminating on the 31st day of October, 2020; unJess earJi _er terminated or renewed as provided below. In the event this Lease terminates prior to the completion of harvest, the term of this Lease shall be extended for a reasonable period for time to allow for completion of harvest. Lessee shall give a minimum of ten (10) day~ written notice to Lessor before completion of harvest or end of planting. Prior to vacating the Leased Premises, Lessee shall leave the Leased Premises and all improvements thereon in the state of repair and cleanliness required to be maintained by the Lessee during the term of this Lease. (b) LX..] ( check box if applicable). Renewal. Lessee shall have the option to renew this Lease for one ( I ) additional growing seasons commencing and terminating on the dates as provided in subsection (a) above for the following calendar year conditioned upon: (i) Lessees written notice of its intent to exercise , the option to renew no later than November 30 of the current year; (ii) agreement with the Lessor as the rent and total payment to be applicable for the renewal term as an amendment to Section 4 belpw by December 15 of the current year; and (iii) Lessee~f prior faithful performance of the terms and conditions of this Lease. 4. &mt- (a) ·•Total Payment"" shall be the sum of: I) the total of all rent (rent per acre x total # of acres) and 2) Washington State Leasehold Tax calculated on said total rent. Agricultural Lease -2 Circle No. I I I 7,Little 7 I 10 l (b} .. Payment Per Acre" shall be the sum of: rent per acre and 2) the Washington 'State Leasehold Ta.-x. as calculated on· the rent per acre amount. ( c) Lessee shall pay for said Premises the following amounts to Lessor: -' Crop Total Rent Tax Per Payment Per Total Payment Acres Per Acre Acre Acre Alfalfa_ 152 $407.66 $52.34 $460 $69,920 - Alfalfa 128 $407.66 $52.34 $460 $58,880 ·------· --- (d) Tota} payment includes Washington State Leasehold Tax in the amount of 12.84% which Lessor shall deduct ttom total p~ym~nr made by Lesse(!. and remit to State: [Total payment of $128,800 =total rent ·ofS i14;143~92:_+ 12.84% tax of $14,656~08] ( e) In the event that the W~shinbrton State . Leasehold Tax percentage :increases during the term of this lease~ this . lease shall be modified ·to increase the tax rate under this Section 4, and the Total Payment shall be increased accordingly, unless otherwise agreetLby the parties hereto. (f) Total payment shall be made in two (2) installments. First-half payment in the swn of $64,400 shall be due and payable ort/or before April l , 2020; and the second half payment in 1he sum of $64,400 shall be d~t! and payable on/or before October 31 , 2020,. In the event of renewal, subsequent year payments shall be,·made on the same dates as provided above. (g) All paymen.ts shall be made to the City -of Pasco, c!o R. Henry Johnson, 2202 West Clearwater Aventi~, Kennewick, WA ._ 99336; or such ·other place as the Lessor may designate. Lessee shall have the City of Pasco include<,t. as-payee on any check received by the Lessee from the sa1e .of crops froin . these Premises as long as there is any rental or other charges for repair and main:tenance due· and owing by the Lessee. All payments shall be remitted within :fitleen (l5) days of sale of crops. (h) In the _ event the Lessee desires a change in acreage, crops, Qr use. prior written authorization must be received from Lessor. Approval to such change may be conditioned upon an -adjustment inthe payments provided above. Agricultural Lease -3 (i) For each renewal term as provided in Section 3(b) above, the Parties .shall determine the rent and total payment based upon the appropriate market price, crop yields, and cost of production records of which shall be pmvided by the Lessee. 5. Rental Acljustments. Lessor retains the right to assess additional charges for circles which are not J>faoted in a timely fashion to cover crops where and -when approprfate for best cuJtural -ca!ie, not meeting the CRP/FOR crop schedules, or on-which wind erosion occurs. The extent of the charge shall· be at the discietioQ of the Lessor, and will not exceed $20.00 - leasehold fax included per acre and will be in addition to the payments as described above. Said charge does not supplant-the responsibility of the Lessee to establish a cover crop. Lessee agrees that since Lessor is responsible for the:cost of eiectrical power to distnl>ute irrigation water to the Leased Premises, it is justified for Lessor to iinpose reasonable limits on total irrigation water used; Accordingly, Lessor rriay at its sole discretion add an assessment to Lessee's final annual rental payment of an · amount equal -to the actual cost of power to distribute irrigation -water to the Leased Premises when water usage for "best~practice" crop production exceeds the standard for the subject crop requirements in the relevant -area of Franklin County as expressed in the Washington Irrigation Guide. Water aJ>plied at the preference of Lessor for the sole purpose of consuming !'process re-use water" shall not be considered as contributory to -the "crop production" application expressed herein. 6. Uses of the Premises. Lessee shat I put the Leased Premises to the ful1 beneficial use in accordance with customary industry standar:ds, permitted uses, acres, and crops designated herein, in compliance with the CRP/FOR. Sa:id uses shall be further restricted by the terms of any federal, state, or local law or regulation applicable thereto, and the terms of Lessoi·'s Water Permit from the State of Washington, together with any other encumbnince of record or known use being exercised at (he time of the execution of this Lease. It is further un~erstood _ and hereby ackno~ledged that the ultimate objective of the Lessor, with respect to this property, is to prepare and utilize the property for reuse wastewater treatment a:nd application. Accordingly, throughout each ,crop year during the term of this Lease, Lessoi• reserves the right and shall be entitled to test, inspect, investigate, survey, excavate, construct, maintain, and otherwise utilize the property _ constituting the Leased Premises -prep~ratory to and/or as necessary to accomplish the stated objective in such a manner as Lessor deems appropriate, inc.luding without limitation, by requiring Lessee to accept reuse wastewater for disposal on the Premises in such quantities and at such. times as determined by lessor. Lessee will cooperate with Lessor to facilitate such a ctivities. a nd will not unreasonabl y hinder or del ay any such acti vi ties. Lessoi· agrees to reimburse Lessee for crop or field damage. if any. arising from the Lessor's utilization of the Premises as set forth above. It shall-be _ the responsibility of the Lessee to substantiate any claimed losses with evidence satisfactory to Lessor. 7. Crqp Damaz=e from Aaplication of Wastewater. Lessor states that with. respect to any timing, quantity, or qualify of reuse wastewater which may be delivered to Lessee and applied to Lessee's crops under provisions of this Lease requiring Lessee to accept such delivery(ies) and application on the behest of the Lessor, it is the intent of Lessor not to cause Agricultural Lease -4 --------- crop damage by such application of wastewater, nor to disavow responsibility for damage which might demonstrably occur on said . crops solely fro~ su.ch application. . However,. the parties to this Lease ha ving previously observed the .nature of wastewater applications are fully cognizant not only of the uncertainties relating to the dev~loping technology of the .process, but also of the difliculty in proving crop loss as· having been exclusively caused by said waste applications. Accordingly, while Lessor shall make every reasonable effor.t to avoid delivering wastewater at such times .md under .such circumstances as ai:e likely to cause harm to crops. the burden of proof of any damage claimed by Lessee to have :been caused to crops of Lessee, shall rest solely with Lessee; . 8. Water and Icription System. Lessor shall be responsible for au . costs of operating the irrigation -system on thtf.Lei!§ed Premises, and shall be responsible for the payment of irrigation power ., charges except as lim.ited 1,mdei Section 5 -herein. Lessee shat I not be responsible for the cost ofreuse water pumped·•to theleased'Premise.v by Lessor. The L.eased Premises come equipped with center pivot irrigation systems, including wells, pipelines., turbine pumps, mid electrical pump motors and switchgear. The furnishing of said irrigation sha:JJ imply no warranty on the part of the Lesimr · to provide or guarantee an adequate wa~er supply · or the continued operation of' the irrigation system. All maintenance. repair,· and replacement of parts of said . irrigation system · shall be-t))e -obJigation of the Lessor, both as to perl.brmance and payment of costs,. excepi those repairs and r~phicements as . may be caused by the Lessee, its agents. or employee's negligent acts or omissions. The Le:ss·or shall make reasona~le ,efforts to provide .reuse wastewater that will not cl9g . the irrigation ·system. Both parties; however, must assume there will be a certain amgunt of unclogging required Both parties agree that Lessor shall -be primarily responsible for any unclogging, but.also agree that in ·the event that Lessor is unable to do so, Lessee may perform unclogging at their . discretion. Operation of the water and.irrigation system shall be upon a schedule as approved by Lessor. 9. .Ymi• (a) Lessee shall pay as due all claims for work done on and for services rendered or materials furnished to the Premises which are done .for the account of the Lessee as herein provided. · Lessee shall ke.t:p the Premises free . of any liens and indemnify, defond and hold the Lessor harmless from all costs, damages, or charges, including attorney's tees, necessary to discharge such Ii~ns. Lessor, at.its option, may pay the amount of any claim or lien and add said amount to total payment r:equired under this lease, including interest on ~id claim or lien a.tnountat the rate of twelve percent (12%) per annum, or the-maximum amount permitted by statute, on said amount paid from the date of payment. Payment of .a claim or lien amount shall not constitute a waiver of any right or remedy which Lessor would otherwise have on account of Lessee's default in this or any other term of the Lease. Agricultural Lease -5 (h) The Lessor may file and maintain a landlord or crop lien in order to secure any payment or obligation required under this Lease. 10. Chemicals and Fertilizers . In addition to those .requirements as provided in Section 2 above., Lessee-shall apply chemicals. and fertilizers to the Leased Premises according to standards applicable to tbe _industfy .and consistent with the current standards stated within the CRP/FOR. Lessor shall not incur any responsibility or liability to any third party for the negligent or wrongful acts of the · Lessee related _to the chemicals and/or fertilizers use.d or its application, and shall defend, indemnify, and hold Lessor harmless from any damages resulting from such negligent or \\Tongful act of the Lessee. 11. E-rosiop Con tro l and Cro p Rota tiop. lessee shall foUow an effective program of soil erosion control, particularly against w1ncl and water, Lessee agrees to plant the Premises to a cover crop to the specifications of the Lessor within fifteen (15) days after each harvest, as appropriate and consistent with the overall objective of the CRP/FOR. Crops will be rotated so that potatoes will not be planted two (2) years consecutively in the same field. The planting of two consecutive crops on the same ,Jand with the intent of obtaining a }!arvest from both crnps within the same crop year(double cropping) is prohibited without the express written permission of Lessor. The Lessor reserves the right W'ith·the granting of such permission to assess additional rents from Lessee for this practice. Grazing ofcrop aftermath is not permitted. 12. Premises Majnte11ance. Lessee shall not commit or permit to be committ~ any waste, strip, damage to; or misuse of.the Premises .. All farming operations shall be cond_ucted in a husbandlike manner according to standards of the industry. Any and all fonces, gates, roads, field accesses, and other improvements to _the property {including the irrigation system) shall be maintained by Lessor. Lessee shall eradicate weeds~ particularly puncture-vine and prevent alJ noxious and other weeds from encroaching upon the Premises, utilizing practices approved by the local weed control authorities and to the reasonable satisfaction of the Lessor. 13. Delet:erious, Hazardous, Toxic, or Harmful Substances .. (a) Deleterious Material. The Lessee shall not make, or suffer to be made, any filling in of the lease 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 lease Premises, except -as approved in writing by the Lessor. Jf the Lessee fails to remove all non-approved fill material, refuse, garbage, . . wastes or any other of the above materials from the lease 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 Harm fi.d Substances. The Lessee shall not keep on or about the lease Premises, any substances now or hereinafter designated as or containing components now · or hereinafter designated -as hazardous, toxic, dangerous, or harmful , Agricultural Lease -6 and/or which are subject to regulation as bv.ardous, 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 tbe Lessee's permitted use(s) under Section 6 above, and unless the Lessee fully complies with all federal, state and local laws, regulations, statutes, and ordinances, now in existence or as subsequently enacted· or amended. ( c) The Lessee shall: ( I) Immediately notify the Lessor of (i) all spills or releases of any Hazardous Substance affecting the lease Premises, (ii) all failures to comply with any federal, state, or local Jaw, regulation or. ordinance, as now enacted or as subsequently . enacted or amended, (iii) all inspections of the lease Premises by, or any correspondence, orders, citations, or notifications from any regulatory entity concerning Hazardous Substances affecting the lease Premises, (iv) aJJ 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 lease 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 Lessees behalf with respect to the use, presence, transportation, or generation of Hazardous Substances related to the Leased Premises. ( d) The Lessee shall be fully and completely liable to the Lessor, and shall indemnify, defend, arid hold ··barmJess the Lessor and its agents and employees, with respect to any and all damages, costs, foes (including attorneys' fees and costs), penalties ( civil and criminal), and cleanup costs assessed against or imposed as a result of the Lessee l use, disposal, transportation, generdtion, and/or sale of Hazardous Substances, or that of the Lessees emplo:yees, agents, assigns, contractors. subcontr..1ctors, licensees, invitees, and for any breach of this subsection. I 4. Indemnification. Lessee has inspected and accepts the Premises as he finds them. Lessee agrees to ass\lme all rjsk of, and indemnify, d.efend with legal counsel acceptabl.e to Lessor, and hold harmless the Lessor from any loss, c-0sts, liability, claim or cxp~nse on account of personal injury to or death of any persons whosoever including, but not limited to, employees of the Lessor and damage to or de·struction of property to whomsoever belonging including, but not limited to, property of the Lessor, resulting in whole or in part, directly or indirectly, arising from the Lessee's use of the Premises or exercise of rights herein granted. Nothing herein contained, however, shall be construed as indemnification against the sole negligence of the Lessor, its officers, employees, or agents. Agricultural Lease -7 15. Insurance. Lessee agrees, during the term of this Lease or any renewals tbereof, to carry general'-liabili!)'. insurance f~r . personal injury and property -chlmage ]i~bility, and to m~intairt wi>rkmen's · co~pens~tion coverages as required by Jaw. General· liability i~surance policies . shall name Less;,r as a~ insured and ; be with an insurance carrier acceptable to:L_(!SSOr. Such insurance shall provide for propef!y da~@ge liability coverage: of'at least, $100,000 and personal ·injury. coverc:1ge ·of at least$1;000~000 for each occurrence and ·in the aggregate .. Lessee shall furnish Lessor with certificate indicating · that s .ticb insurance is in-,force and the premiums therefore have been paid. Lessee agrees to be personally responsible for the repair or replacement of any irrigation equipment compo11ent or other improvement to the :property dam~ged by the Lessee -or Les.'iee 3" otlicers, employees, or agent, or ast,a result of their negligent acts o.r ·omissioris. 16. Interest. Any amount due bytheLesseetotheLes.~or not paid within fifteen(l5) days shall bear interest at the -rate of twelve (12%) per annum, or the maximum amount permitted by statute, 'froo1 the date due. 17. Improvements. All improvements placed upon the Premises during the term of this Lease shall ~ome ,a -p~rt of the Premises and the property <>f the Lessor, unless the Lessw agrees otherwise. Lessor may require Lessee to remove any property placed upon the Pre11:,ises which the Le.~sor deems unfit to re111ain thereon at the teaninatiort of the Lease. If the Lessee fails to r~move the same when so re<J.uested , lessor n1ay do so an:() ~harg~ the ·expenses thereof to the Lessee. 18. Sublease or Assi p ment Prohibited. No part of this -Lease or the Le a,;etl Premise.,; may be a;signed, . mortgiiged~ :subleased, .or otherwise transferred~ without . the 'prior wrjtten consent of the Lessors With -such co~sent. the Lessor reserves the right to change the terms and conditions of the Lease as it may affect_the assignee. This .provision shall ,equally apply ·to transfors arising, by operation of !aw; or transfers to any by trustees in bankruptcy, receivers, administrators, executors, aitd legatees. 19. -Default. The following shall be ev~nts of default: (a) failure to pay installment of rent and leasehold -excise tax (totat,payinertt install~ent) on or before the date provided in Section 4 above; (b) failure of Lessee to coniply with any term or condition or fulfill any obligation of the Lease, other than the payment of rent and tax, within fifteen (15) days after written notice by Lessor specifying the nature of the default with ~e~nable particularity, or abandonment by the Lessee of the property; an~ ( c) failure to . pay, when <:luc~ any tax, assessment, or payment • r~quired ·under the terms of, this Lease. If the default is of such a .. nature that it cannot be completely remedi~d within the ~fteen (15) day period, this provision shall be complied with if Lessee begtqs corre<;tion of the default within the .fifteen (J 5) day period and thereafter proceeds witb reasonable diligence and in good faith to effect the remedy as soon as practical. Agricultural Lease -8 • • In the event the default is not remedied as provided above, Lessor shall have the right to re-enter, take p<>ssession of the Premises, and remove any persons or property by legaLaction or by self-help with the 'use of reasonable force a_nd without liability for damages. Such tight shall be cum~lative and in addition to all other remedies: available to the Lessor under applicable :Jaw. Lessor may recover :reasonable attorney's tees and costs expended to enforce the provisions hereof. In the event of an uncured default, Lessor may initiate an action, without further notice, for an unlawful detainer or for damages with venue being placed in Franklin _ County, Washington, and wi:th the substar:itially prevailing party entitled-to an additional judgment against the other for their reasonable attorneys• fees and costs incurred incident to said action. Waiver by either party of strict performance of any provision of this Lease shaU not be a waiver of or prejudice the party's right to require strict performance ofthe same provision in the future or ofany other provision. 20. Notices. Any notice under this Lease shall be deemed given when actually delivered or when deposited in the United States mail, as certified mail. postage prepared. addressed as follows: lessor: City of Pasco c/o R. Henry Johnson 2202 West Clearwater Avenue Kennewick WA 99336 Lessee: Bosman Enterprises 6641 Sa gemorc Road Pasco, WA 99301 Or to such other addresses as may be specified from time to time by either of the ·parties in writing. 21. Succ~ion. Subje<.,'l to the above-stated limitations on assignment of Lessee's interest, this Lease shall be binding upon . and _inure to the benefit of the parties, their respectiv e personal representatives, successors~ and assigns. 22. Inspection of the Premises. Lessor reserves the right to itself and its agents to go upon the Premises at reasonable ~n,d proper times to inspect the same for purpose o f determining that the Lease is being kept and performed by the Lessee. 23. Time is of the Essence. The parties acknowledge and agree that time is of the essence with respect to all of the tenns, conditions and provisions of this Lease. Agricultural Lease -9 24. Entirety of Lease. This document and its exhibits. incorporates the entire agreement of the parties. No prior representation. stipulation. agreement. or understanding will be valid or enforceable unless incorporated herein. Any changes or additions to this Lease or its attached exhibits shall be in writing and executed by the parties hereto. Neither the lessor. nor the Lessee shall be bound by verbal or implied agreementc;. DATED this 15th day of August. 2019. Agricultural Lease -I 0 --..I,.__ LESSOR: LESSEE: CITY QF PASCO BOSMAN ENTERPRISES ~I&( oavehbell,City ~~~ ~ By: l\l\ '"E. \,OS \:.I\ .t,..1-J State of Washington County of Franklin : ss. Authorized Officer I certify that I know or have satisfactory evidence that Dave Zabell is the person who appeared before me. and said person acknowledged that he/she signed this instrument. on oath stated that he/she was authorized to execute the instrument and acknowledged it. as the City Manager of the CITY OF PASCO. a Washington municipal corporation. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SUBSCRIBED and SWORN to before me this lif_'day of , ,, o/',w .. -v• WWW~~ State of Washington ) : ss. County of f-r44':(~"'} 9JARY PUBLIC in and for Th e State ofWashington Residing at ~ { ){y\.(M ~ My Commission Expires: b\ I DtQ l .9-bao- I certify that I know or have satisfactory evidence that k\ \!e., &s~ is the person who appeared before me, . and said person acknowledg~ that be/sh@. signed this instrument, on oath stated that he/g was authorized to execute the instrument and acknowledged it, as the ow\l\~ of Bosman Enterprises to be the free and voluntary act of such party for the uses and purposes mentioned iri the instrument. SUBSCRIBED and SWORN to before me this 20 day of ~~ • 20 \t:t " ·APRitt;UtWE-lL ~: :NQTARYPUBLIC·#208573, sTirE oF>wAsHtNt;io"; .. COM~tsstotl~Pl,RES. " . 19~)'. 1 ~i~9~3 i; ffi Agricultural Lease -1 J ~~ NOTARY PUBLIC in and for the State of Washington Residing at ~~e,o '-\,)~ My Commission Expires: b., /2 4 f 'l.O l. 3