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.
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Agricultural Lease -1 J
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NOTARY PUBLIC in and for the State of Washington
Residing at ~~e,o '-\,)~
My Commission Expires: b., /2 4 f 'l.O l. 3