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MUNICIPAL ORDER NO. 1700
A MUNICIPAL ORDER OF THE CITY COMMISSION OF THE CITY OF
PADUCAH, KENTUCKY APPROVING A FIRST AMENDMENT TO FARM
LEASE AMONG THE CITY OF PADUCAH, KENTUCKY, AND JOSH
GOODWIN WITH RESPECT TO FARM LAND GENERALLY REFERRED
TO AS THE "LINDSEY FARM," AND AUTHORIZING THE EXECUTION
OF THE FIRST AMENDMENT
WHEREAS, On January 1, 2010, the City of Paducah, Kentucky ("City"), and Josh
Goodwin (the "Lessee") entered into a Farm Lease Agreement (the "Farm Lease"); and
WHEREAS, the City and Lessee desire to amend the Farm Lease, which amendment is in
the best interest of the City and its residents.
NOW THEREFORE, BE IT ORDERED BY THE CITY COMMISSION OF THE CITY
OF PADUCAH, KENTUCKY, AS FOLLOWS:
Section 1. Recitals and Authorization. The City hereby approves the First Amendment
to Farm Lease Agreement among the City and Goodwin (the "First Amendment") in
substantially the form attached hereto as Exhibit A and made part hereof. It is hereby found and
determined that it is in the best interest of the City and its residents to enter into the First
Amendment for the purposes therein specified, and the execution and delivery of the First
Amendment is hereby authorized and approved. The Mayor and Clerk of the City are hereby
authorized to execute the First Amendment with such changes in the First Amendment not
inconsistent with this Order and not substantially adverse to the City as may be approved by the
officials executing same on behalf of the City. The approval of such changes by said officials, and
that such are not substantially adverse to the City, shall be conclusively evidenced by the execution
of the First Amendment by such officials.
Section 2. Severability. If any section, paragraph or provision of this Order shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this Order.
Section 3. Compliance With Open Meetings Laws. This City Commission hereby finds
and determines that all formal actions relative to the adoption of this Order were taken in an open
meeting of this City Commission, and that all deliberations of this City Commission and of its
committees, if any, which resulted in formal action, were in meetings open to the public, in full
compliance with applicable legal requirements.
Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with
the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions
of this Order shall prevail and be given effect.
Section 5. Effective Date. This Order shall be in full force and effect from and after the
date of its adoption.
ATTEST:
Tammara S. Sanderson, City Clerk
Adopted by the Board of Commissioners, December 18, 2012
Recorded by Tammara S. Sanderson, City Clerk, December 18, 2012
\mo\lease-lindsay farm 2013 amend
153766
EXHIBIT A
FIRST AMENDMENT TO FARM LEASE AGREEMENT
THIS FIRST AMENDMENT TO FARM LEASE AGREEMENT ("Amendment") is made and
entered into this day of , 2012, by and between CITY OF PADUCAH,
NTUCKY, a municipal corporation of the second class existing under the laws of e
onwealth of Kentucky, and a body politic and corporate, of Post Office Box 67,
Pad ah, Kentucky 42002-2267, hereinafter referred to as "Lessor," and JOSH GOO IN,
whose address is , h einafter
referred as "Lessee." (Lessor and Lessee may collectively be referred to as the "P ies" and
singularly e referred to as a "Party").
Recitals
A. On January 1, 2010, Lessor and Lessee entered to a Farm Lease
Agreement (hereina r referred to as the "Lease"), which Lease is attac ed hereto as Exhibit
"A." Capitalized terms sed herein but not defined shall have the meanin set forth in the Lease.
B. The ease had an initial term beginning J ary 1, 2010, and ending
December 31, 2010. Lesso has continued to lease the Farm La to Lessee and Lessee has
continued to accept the lease o the Farm Land from Lessor pars t to the Lease since January
1, 2010, to date.
C. By this Am din and for the p ose of benefitting both parties,
Lessor and Lessee desire to amend the ease as more parti larly set forth herein.
NOW, THEREFORE, in ons
of $1.00, the foregoing premises, the
promises and covenants contained herein, d for her valuable consideration, the receipt of
which is hereby acknowledged by each party, hep ies do covenant and agree as follows:
1. Amendment to
Amendment, Lessor and Lessee do hereby
and ending December 31, 2014.
of Lease to reflect new "Term". By this
i a new lease term beginning January 1, 2013,
2. Amendment to Section 3 of the ease to reflect new "Cash Rent". Lessee
agrees to pay to Lessor annual cash re in an amount e ual to the total of (i) 25% of the yearly
soybean and corn yield produced fro the Farm Land (ii) $60\ethe
00 per acre of winter wheat
planted on the Farm Land. Cash re t shall be paid to Lesequal installments, with the
first installment due on or befor March 30th, of each ylease term and the second
installment due ori or before De ember 31St of each yearse term. If eligible, Lessor
shall be entitled toreceive 2 o of all government subsied from the farming of the
Farm Land. Lessee shall pr ptly pay Lessor its share ofment subsidies upon receipt
of same. Lessee shall pro e annually to Lessor writtetation of the aforesaid crop
yields and plantings.
3. Amendment to Section 9 of Lease to reflect new "Termination"
Provisions. Either P y shall have the right to terminate this lease in w ole only upon thirty (30)
days prior written otice to the other party on November 1St and May 1St of each year of the
Term. In the eve of such termination by Lessor, Lessor shall compensa\eand
for damage to
planted crops ac rding to the per acre formula as supplied by the US Deof Agriculture
Farm Service gency agent or representative of the McCracken Countwhose opinion
shall be final, ess all government subsidies realized from the farming om Land. Such
compensatio will be restricted to only those acres of crops planted, in thd damaged as TT
a direct res It of Lessor's termination of this Agreement. In the event termination by
Lessee, L see shall not be entitled to any compensation for damage tcrops or any
other d ages for his termination of this lease. In the event of terminatithis Section 9
by eithe Party, cash rent shall be prorated through the date that possessioed to Lessor.
4. Reaffirmation of Other Terms and Provisions of Lease. Ex pt for the
arrlent herein, all other terms and provisions under Lease shall remain in full, force and
Accordingly, all parties do hereby ratify and reaffirm all of such terms and provisions,
incorporate by reference all of such terms as if recited verbatim herein.
2
153766
FIRST AMENDMENT TO FARM LEASE AGREEMENT
THIS FIRST AMENDMENT O FARM LEASE A9MEMENT ("Amendment") is made and
entered into this IL day of �4-Aj �, 201 by and between CITY OF PADUCAH,
KENTUCKY, a municipal corporation of the second class existing under the laws of the
Commonwealth of Kentucky, and a body politic and corporate, of Post Office Box 2267,
Paducah, Kentucky 42002-2267, hereina er a errs} as "Lessor," and JOSH GOODWIN,
whose address is b[Il% rel i / a Z/ 2--7 , hereinafter
referred to as "Lessee." (Lessor and Lessee may collectively be referred to as the "Parties" and
singularly be referred to as a "Party").
Recitals
A. Effective as of Januaryl, 2010, Lessor and Lessee entered into a Farm
Lease Agreement (the "Lease"), the Lease is attached hereto as Exhibit A.
B. The Lease had an initial term ending December 31, 2010.
C. Subsequently, the Lease was renewed for a second term beginning January
1, 2011, and ending December 31, 2011, and a third term beginning January 1. 2012, and ending
December 31, 2012. The renewals are attached hereto as Exhibit B. The Lease and all renewals
shall collectively be referred to as the "Leases." Capitalized terms used herein but not defined
shall have the meanings set forth in the Leases.
D. By this Amendment, and for the purpose of benefitting both parties, Lessor
and Lessee desire to amend the Leases, effective as of January 1, 2013, as more particularly set
forth herein.
NOW, THEREFORE, in consideration of $1.00, the foregoing premises, the
promises and covenants contained herein, and for other valuable consideration, the receipt of
which is hereby acknowledged by each party, the parties do covenant and agree as follows:
1. Amendment to Section 2 of Lease to reflect new "Term". By this
Amendment, Lessor and Lessee do hereby establish a new lease term beginning January 1, 2013,
and ending December 31, 2014.
2. Amendment to Section 3 of the Leases to reflect new "Cash Rent' Lessee
agrees to pay to Lessor annual cash rent in an amount equal to the total of (i) 25% of the yearly
soybean and corn yield produced from the Farm Land and (ii) $60.00 per acre of winter wheat
planted on the Farm Land. Cash rent shall be paid to Lessor in two equal installments, with the
first installment due on or before March 30th, of each year of the lease term and the second
installment due on or before December 31St of each year of the lease term. If eligible, Lessor
°r
shall be entitled to receive 25% of all government subsidies realized from the farming of the
Farm Land. Lessee shall promptly pay Lessor its share of all government subsidies upon receipt
of same. Lessee shall provide annually to Lessor written documentation of the aforesaid crop
yields and plantings.
3. Amendment to Section 9 of the Leases to reflect new "Termination"
Provisions. Either Party shall have the right to terminate this lease in whole only upon thirty (30)
days prior written notice to the other party on November 1St and May 1St of each year of the Term.
In the event of such termination by Lessor, Lessor shall compensate Lessee for damage to
planted crops according to the per acre formula as supplied by the US Department of Agriculture
Farm Service Agency agent or representative of the McCracken County Coop whose opinion
shall be final, less all government subsidies realized from the farming of the Farm Land. Such
compensation will be restricted to only those acres of crops planted, in the field, and damaged as
a direct result of Lessor's termination of this Agreement. In the event of such termination by
Lessee, Lessee shall not be entitled to any compensation for damage to planted crops or any other
damages for his termination of this lease. In the event of termination under this Section 9 by
either Party, cash rent shall be prorated through the date that possession is delivered to Lessor.
4. Reaffirmation of Other Terms and Provisions of the Leases. Except for
the Amendment herein, all other terms and provisions under the Leases shall remain in full force
and effect. Accordingly, all parties do hereby ratify and reaffirm all of such terms and
provisions, and incorporate by reference all of such terms as if recited verbatim herein.
IN WITNESS WIEREOF, the parties hereto have executed this Amendment to
Leases by the signatures signed below.
LESSOR:
CITY OF P.
III
LESSEE: v
JOS GOOD
2
Kc
121240
FARM LEASE AGREEN FVT
T S FARM LEASE AGREEMENT made and executed on this —;96-4-y of
2010, by and between CITY OF PADUCA% KENTUCKY, a municipal
co ration of the second class existing under the laws of the Commonwealth of Kentucky, and a
body politic and corporate, of Post Office Box 2267, Paducah, Kentucky 42002-2267, hereinafter
referred to as "Lessor," and JOSH GOODWIN, whose address is 8085 Old Mayfield Road
Paducah, KY 42003 . hereinafter referred to as "Lessee:'
The parties We as follows:
Section 1: Demise, Descriatim and Use of Premises
Lessor demises and lets to Lessee, to occupy and to use for agricultural purposes only and
for no other purpose, approximately 120+/- acres of ground which is commonly referred to as the
"Lindsey Farm" in McCracken County, Kentucky, excepting any lands sold for right of way
(hereinafter referred to as the "Farr, Land"). Lessee covenants that each and every use of the
Farm Land hereunder shall comply m all material respects with all applicable federal, state, and
local laws. Lessee accepts the Farm Land and its suitability for growing crops "AS LS", and
assumes all risks with regard to same.
Section 2• Term
The term of this lease shall commence on January 1, 2010 and shall terminate on
December 31, 2010.
Section 3: Rent
Lessee agrees to pay to Lessor an annual rental of $7,200.00, which rental shall be paid
to Lessor in two installments of $3,600.00, with the first installment due on or before March 30,
2010, and the second installruent due on or before December 31, 2010. Lessee shall be9entitled
to all government subsidies realized from the farming of the Fama Land.
Section 4: Insurance
The Lessee shall procure and maintain at its costs comprehensive general liability
coverage covering Lessee's use of the Farm Land. The limits of coverage shall not be less than
Three Hundred Thousand Dollars ($300,000.00) for a combined single limit Lessee shall be
responsible for providing casualty insurance for its equipment and other property.
The coverage to be provided hereunder shall be in such form and amounts as are
acceptable to Lessor, and shall be with such insurers as may be satisfactory to Lessor. The
Lessor shall be named as an insured under the coverage provided It is further agreed that the
policy providing such coverage shall contain a provision whereby the policy cannot be canceled
except after thirty (30) days' written notice to Lessor. The Lessee agrees that in the event Lessee
shall fail to procure such insurance coverage or fail to pay the premium for such coverage, the
Lessor shall have the right to procure said coverage or pay such premium, and Lessor shall
thereafter have the right to seek immediate reimbursement from the Lessee for any costs
incurred.
Section 5; Indemnification
The Lessee hereby releases and discharges Lessor from and shall fully protect, indemnify
and keep and save Lessor harmless from any and all costs (including attorneys' fees), charges,
expenses, penalties, damages, claims, demands, and causes of action of every nature whatsoever,
arising out of matters or conditions under control of or caused by any act or omission of Lessee
or Lessee's representatives, assigns, agents, servants, employees, licensees, invitees, and any
other person or persons associated with Lessee; and Lessee shall farther protect, fully indemnify,
and save forever harmless Lessor from any and all liability, costs, damages, and expenses,
including attorneys' fees incident to injury (including injury resulting in death) of persons or
damage to or destruction of property incident to, arising out of or anyway connected with
Lessee's use and occupancy or right of use and occupancy of the Farm Land (whether by
omission or commission and irrespective of exclusive or nonexclusive right herein) including but
not limited to Lessee's farming operations on the Farm Land
Section 6: Hazardous Materials
Lessee shall not cause or permit any Hazardous Material to be located or disposed of on,
under or at the Farm Land or any part thereof in noncompliance with all federal, state, and local
environmental law. For the purpose of this agreement, "Hazardous Material" shall mean any
hazardous, toxic or dangerous waste, substance or material defined as such in, or for purposes of,
any Environmental Law. "Environmental Law" shall mean any federal, state, or local statute,
law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing
liability or standards of conduct concerning any Hazardous Material, as now or at any time
hereafter in effect. Provided, however, that Lessee shall have the right to use agricultural
products on the Farm Land in the ordinary course of farming, if such use is in accordance with
the law.
Lessee agrees to indemnify and hold Lessor harmless from and against any and all losses,
liabilities, damages, injuries, costs, expenses (including without limitation reasonable attorneys'
and consultant fees), claims for damage to the environment, claims for fines or civil penalties,
costs of any settlement or judgment, and claims of any and every kind whatsoever, paid, incurred
or suffered by Lessor or asserted against Lessor by any person, entity or governmental agency for,
with respect to, or as a direct or indirect result of, the presence on or under the Farm Land of, or
the actual or threatened escape, spillage, discharge, emission, or release from the Farm Land of,
or transportation of; any Hazardous Material or any noncompliance with any Eaviroamental Law.
Section 7: Lessee's Duties in Farminz the Farm Land
Lessee does hereby further covenant and agree to comply with and satisfy all of the
hereinafter defined obligations which shall govern Lessee's use of the Farm Land:
A. Lessee shall cultivate the Farm Land in a reasonable and prudent manner in
accordance with generally accepted farming standards and practices, at Lessee's sole cost.
Lessee shall faithfully cultivate the Farm Land and harvest the crops planted thereon in a timely,.
thorough, and reasonable manner;
B. Lessee shall utilize the Farm Land in such manner as to prevent injury to any trees
now located on the Farm Land;
C. Lessee shall comply with pollution control and environmeatal protection requirements
of local, state, and federal agencies, as well as to implement soil erosion control practices which
comply with soil loss standards mandated or recommended by local, state, and federal agencies;
D. Lessee shall maintain and keep open all ditches, tile drains, tile outlets, and grass
waterways in the same condition as presently exists;
E. Lessee shall use prudence and care in transporting, storing, handling, and applying all
fe dlizers, pesticides, herbicides, and other chemicals and similar substances upon the Farm
Land;
F. Lessee shall follow all label instructions for the use of farming materials in order to
avoid injury or damages to persons or property on the Farm Land and adjoining areas, and to
comply with all laws pertaining to pesticide and herbicide training, licensing, storage, and usage;
G. Lessee shall preserve the Farm Land and prevent waste, loss, or damage to the Farm
Land, and keep the Farm Land free from any lien or other adverse interest created through
Lessee, and shall indemnify Lessor from any lien or adverse interest created through Lessee; and
Section 8: De ault
If at any time Lessee shall fan or refuse to pay or cause to be paid any payment of rent
due under this lease within 15 days of when same becomes due, or Lessee faits to remedy any
default with respect to the performance of Lessee's obligations under Section 7 within 24 hours
after notice is given by the Lessor, or Lessee fails to remedy any default with respect to any other
obligation herein assumed by Lessee within 10 days after notice thereof is given by the Lessor, or
bankruptcy proceedings are voluntarily or involuntarily commenced against Lessee, then in any
of such events, the Lessor shall have the right, at its option, and without limiting itself in the
exercise of any other right or remedy it may have on account of such breach or default, and
without any further demand or notice, to declare this lease and Lessee's rights herein terminated
Thereafter, Lessor shall have the right to reenter the Farm Land with or without due process of
law and take possession of the Farm Land,'and eject Lessee and all other parties in possession
from the Farm Land without being liable to any prosecution for said reentry or trespass, and
without prejudice to any remedy provided to Lessor by law.
Section 9: Termination
Lessor shall have the right to terminate the rights granted herein in whole or in part at any
time upon thirty (30) days written notice to Lessee. In such event, Lessor shall compensate
Lessee for damage to planted crops according to the per acre forumia as supplied by the US
Department of Agriculture Fano. Service Agency agent or representative of the McCracken
County Coop whose opinion shall be final, less all government subsidies realized from the
farming of the Farm Land. Such compensation will be restricted to only those acres of crops
planted, in the field, and damaged as a direct result of Lessor's termination of this Agreement.
Section 10: Entry
Lessor or its designees shall have the right to enter upon the Farm Land at any time
during the term of this agreement and without notice to conduct such inspections or testing as it
deems appropriate. Lessee shall not in anyway interfere with Lessor's or its designees
inspections or testing
Section 11: Binding Effect --Assignment
The provisions of this lease shall be binding on the heirs, executors, administrators, and
assigns of the parties. Lessee shall not assign this Lease or any rights hereunder without the prior
written consent of Lessor. In the event Lessor sells the Farm Land, such sale shall be subject to
this lease.
Section 12: Governing Law
This lease shall be governed by the laws of the state of Kentucky, both as to its
ixnterpretation and enforcement. The venue of any action relating to this lease shall be
exclusively in a state court located in McCracken County, Kentucky.
4
Section 13: Leval Fees and Expenses
If Lessor shall employ legal counsel to enforce Lessor's rights and remedies under this
Lease, Lessor shall be entitled to recover the reasonable attomey's fees incurred by Lessor,
together with any and all other costs and expenses incurred by Lessor in connection with the
enforcement of this Agreement.
Section 14: Entire A¢reement
This lease shall constitute the entire agreement between the parties. Any prior
understanding or representation of any kind preceding the date of this lease shall not be binding
upon either party except to the extent incorporated in this lease. This lease may not be modified -
except by written modification signed by all parties.
Section 1S: Effective Date
The effective date of this agreement shall be the date of execution by the parties.
Section 15: Holdover
Any holdover by Lessee following the expiration of the team of this lease shall be on a
month to month basis, subject to either party's right to terminate this agreement upon giving a
thirty (30) day notice to terminate.
VATNESB. whereof, each party to this lease has caused it to be executed on the a"6
day of _, 2010.
LESSEE:
_004
40SA GOO WIN
5
EXHIBIT B
4
moi/
/if. V. i -W von.
121240
FARM LEASE AGREEMENT
THIS FARM LEASE AGREEMENT made and executed on this 95116y of
i'fM tar 2011, by and between CITYOF PADUCAH, JOU4TUCKY, a municipal
corporation ofilie second class wdsting under the laws of the Commonwealth of Kentucky, and a
body politic and corporate, of Post Office Box 2267, Paducah, Kentucky 42002-2267, beremaha
referred to as "Lessor," and JOSH GOODWIN, whose address is 8085 Old Mayfield Road,
Paducah, Kentucky 42003, hereinafter refer ed to as "Lessee."
The parties agree as follows:
Section 1: Demise. Description. and Use of Premises
Lessor demises and lets to Lessee, to occupy and to use for agricultural purposes only and
for no other purpose, approximately 120+1- acres of ground which is commonly referred to as the
"Lindsey Farm" in McCracken County, Kentucky, ewcepting azo' lands sold for right of way
(hereinafter referred to as the "Farm Laud"}. Lessee covenants that each and every use of the
Farm Land hereunder shall comply in all material respects with all applicable federal, state, and
local laws. Lessee accepts the Farm Land and its suitability for growing crops "AS IS", and
assumes all risks with regard to saute.
Section 2• Term
The term of this lease shall commence on January 1, 2011 and shall terminate on
December 31, 2011.
Section 3• R_ ent
Lessee agrees to pay to Lessor an annual rental of $7,400.00, which rental shall be paid
to Lessor in two installments of $3,700.00, with the fust installment due on or before March 30,
2011, acid the second installment due on or before December 31, 2011. Lessee shall beentitled
to all government subsidies realized from the farming of the Farm Land. -
Section 4: Insurance
The Lessee shall procure and maintain at its costs comprehensive general liability
coverage covering Lessee's use of the Farm Land The limits of coverage shall not be less than
Tbree Hundred Thousand Dollars ($300,000.00) for a combined single limit Lessee shall be
responsible for providing casualty insurance for its equipment and other property.
after notice is given by the Lessor, or Lessee fails to remedy any default with respect to any other
obligation herein assumed by Lessee within 10 days after notice thereof is given by the Lessor, or
bankruptcy proceedings are voluntarily or involuntarily commenced against Lessee, then in any
of such events, the Lessor shall have the right, at its option, and without limiting itself in the
exercise of any other right or remedy it may have on account of such breach or default, and
without any further demand or notice, to declare this lease and Lessee's rights herein terminated. -
Thereafter, Lessor shall have the right to reenter the Farm Land with or without due process of
law and take possession of the Farm Land, and eject Lessee and all other parties in possession
from the Farm Land without being liable to any prosecution for said reentry or trespass, and
without prejudice to any remedy provided to Lessor by law.
Section 9: Termination
Lessor shall have the right to terminate the rights granted herein in whole or in part at any
time upon thirty (30) days written notice to Lessee. In such event. Lessor shall compensate
Lessee for damage to planted crops according to the per acre formula as supplied by the US
Department of Agriculture Farm Service Agency agent or representative of the McCracken
County Coop whose opinion shall be final, less all government subsidies realized from the
fiuming of the Farm Land. Such compensation will be restricted to only those acres of crops
planted, in the field, and damaged as a direct result of lessor's termination of this Agreement.
Section 10: Entry
Lessor or its designees shall have the right to enter upon the Farm Land at any time
during the term of this agreement and without notice to conduct such inspections or testing as it
deems appropriate. Lessee shall not in anyway interfere with Lessor's or its designees
inspections or testing.
Section 11: Binding Effect Assignment
The provisions of this lease shall be binding on the heirs, execatca, administrators, and
assigns of the parties. Lessee shall not assign this Lease or any rights hereunder without the prior
written consent of Lessor. In the event Lessor sells the Farm Land, such sale shall be subject to
this lease.
Section 12: Governing Law
This lease shall be governed by the laws of the state of Kentucky, both as to its
interpretation and enforcement. The venue of any action relating to this lease shall be
exclusively in a state court located in McCracken County, Kentacky.
4
Section 13: Leeal Fees and Expenses
If Lessor shall employ legal counsel to enforce Lessor's rights and remedies Under this
Lease, Lessor shall be entitled to recover the reasonable attorney's fees incurred by Lessor,
together with any and all other costs and expenses incurred by Lessor in connection with the
enforcement of this Agreement.
�T-
Section 14: Entire Asree�nent
This lease shall constitute the entire agreement between the parties. Any prior
Understanding or representation of any kind preceding the date of this lease shall not be binding -
upon either party except to the extent incorporated in this lease. This lease may not be modified
except by written modification signed by all patties.
Section 15: Effective Date
The effective date of this agreement shall be the date of execution by the parties.
Section 16: Holdover
Any holdover by Lessee following the expiration of the term of ibis lease shall be on a
month to month basis, subject to either party's right to terminate this agreement upon givins a
thirty (30) day notice to terminate.
S, whereof, each party to this lease has caused it to be executed on the
'i�
day of � r 2011.
LESSOR:
CITY O AD Y
By: `
Title:C�-moi
LESSEE: 1 ,
... .
JO GOOD
6
1
121240
FARMLEASEAGREENOW
THIS FARM LEASP AGREEMMPF made and executed ou this 2e dayof Decembor
2011, byandbetwom CITY OFPADDCAE61MTUCSY, am nidpal coWomdonof thesecond
dorsa dMingunderthelawsofthe CommonwealthofKenacky,adabodypoliticandcolporate,of
Pod Office Box 2267, Podu a h, Kentucky 42002-2267, hem refected to as "Ewen,' and
JOSS GOODWI K whose address is X89 Old May$eldRooA Paducah. KY 42(03, hereinafter
referred to as'Usee."
The parties agree as follows`
Sectlan 1: Demise. De9eriation. and Use of Premises
Lessor demises and leis to Lessee, to occupy and to use far agdcolbud putposes only and
far no other purpose, appeaadmately 120+1- mras of Smund wilichis commonly WWW to as the
i
'Lindsey Farm" m )&Cmdm Cauaty, Kentacky, wwopting my laude sold for right of way
*=nw%w=&vedto as the "Farm lmd'} Lessee covenants 6d ca It sad every uss of die Farm
iaadhe►eutlderaballcomplyinallmate>;alrespectswithaIIappliceblefekMtstaie.andlocollaws.
;
Lesser: ascents the Farm Land and its suitability for grnwing corps "AS W, andassumes all risks
withmga>dto same.
Section k Term
ThstemtoftWs lease shall commenceonJaauary 1, 2D12and sball Wm nate on
Docember31, 2012.
Section 3: Rent
'
Lessee agrees to pay to Lessor an amnia rental of $7,400B%which rental shall. be puidto
i
Lmw in two installments of $3,700.00, with the fust illstdment due m or befie March 30,
1.012, and the secondinstallmotddm on ori eforeDecemberU 2012. Lessee shall be endtledto
di govemment subsidies realizedfmm the farmingof the Ron Land.
;
Section 4: Inu rim
Mw L.es= shall pmm and maintain at its costs comprehensive gonad liability
-
coverage covering i ossea's use of the Fawn La1ai. The limits of coverago dM not be less dine
1i= Beaded Thousand Dolhus ($300,000.00) for a combined single limit. Lessee shall be
responsible forproviding casualty ineuance for its equipment and other property.
1
The coverage m be provided her unft shall bein sash farm mdsmotmte as ere =epteble
to Lessor, and shall be with such insurers as may be satisfidn to Leaser. The Lessor shall be
namiodasaahmmdunderdhecoveragepmvided.ItisfiuWwsgroodihatdopoftpmvicti mmh
coverage shall contain a pmvmdm whereby the policy cart be canceled except atter thirty (30)
days' written nottceroLesso: The Lessee agrees do&in the event Lessee shall fail toprocans such
insurance covemp or to pay do premium far such covanD, doLessor shalt have ta:fight to
pmmm said govenV or pay such premiumo, and Lessor shall thereafter have the right to seek
imme&tarelmbucsammtfsm &eLemeeforaycostsineutired.
Seedon 5: IgdemnMeation
T1ceLesseehe+febyrelesses anddischargesI�eseotfaorreanda6all fu11Y1? �
keep andsawLessorhannless frammy and dI costs Cmdu ftattomeydfees). charges, expenses,
pendd a,damages,dahm,demands,andcausesofaromaofeveaynanwowhatsoomiarisingoutof
matters or eondthms under control of at caned by any act or omission of Lessee or Lesseeh
mp ue"ve% assigns, agents, servards. employem licensee4 invitees, and any oft person or
persons associatedwithLessee; and Lessee shall fmarerprotect, fully indemnifY. andsave- forever
hmW= Lessor fmrn any and all habi tyi cods, damages, and expenses, inclu ft atteaneys' thea
incident to injury gaduding in jury =Mug in death) of pgrsoog or damage to or desawki n of
propedykmderrtto,adsingcutufmaralywayconnectedwitlt mee'suseendoccapaucyord&of
use and occupancy of the Farm Land (whether by omission or commissiaa sad impecdve of
awk sive ornonaduave nigbt lie=) including but not limited to Lessee's farming operations
an the Fawn Land.
Section b: Haaardous Materials
Lessee shaft rat cause or pem* any Hazarflous Msteoai to be located or disposed of on,
under or at the Farm Land or any palm therwf in noncamplianos with alt Waal, alts, and kxml
envuonmaentat law. For fhe purpose of this agmemeK Taprd= li!btenial" shall mean any
luaedons, to= or dangerous waste, subsUm or matedd de6aed u such 4 Of forpurpomes 04
any Envimimnentel Law. R&vmmvntal We shall mean any federal, date, or local deWQe, law,
ordinance, code, rale6 regulation. order. or decreo regulat RS relating to. o• imposing ltabrliity
at dandaids of conduct concerning any Hazandous bbtexI4 as now or at any bmebereafter In
effect. Provided. however. that Lessee shall have theflgbt to use agricultural products on the Form
Land in the ordinaryootrree of fmoing, if ouch use is in aceordarmewith the law.
Lasses agrees to kdeannify and hold Lessor hm*u from and agebw any and ail losses,
liab Mies,damages.injuries,coats.expenses(+routingwithoutlimitationreasonableattomeya'and
corsubat fees), claims for damage to to enviromneK claims for funs orcivii penalties,
a
costs of my setflement or judgment. and claims of any and every Wnd whooever, paid, incurred or
and red by law or asserted Against Lassorby any person, w" or governmead agency fb; with
rasped to, oras a direct orindirectresuk of. ftpuence on crunder dw FAM Lad of, artite actud
or threatened escape, spillage, dischazge, emission, or abose from the Farm Land of. or
transportation of, anyllazzilausMalexid oranynmaomopliancowith =YEAVixWVMWLAW-
Section. 7. Lessee's ROOM in. EV_MIBZ the FarmLand
Leasee does left Jimber covenant and apee, to comply with ad sRd* all of the
hereinafter defined ObHpflow which SbOU govern IA&wo!s use of the Pam Land:
A. Lessm shall culdwis to Fam Land In a remoaft and pnWant MMU in MconlanoS
with generally scoapiett famu* stanifards and pu9cm at Lessees sole owL Lessm shall bUbfidly
cultivate the Fatm, lad and harvest the crops planted thereon in a timely, thorough, and
reasonablemanuez,
B. Leasee shall uffiwthe Fern Land iasuch mmmatoprevent injury WKWtrees
now located on the Form Land-,
C. Lessee did comply wi6pollutionewdral and enV1mnMeUWprotection MquWMts Of
local, state, andfiderA apncie% awall as tolmPlements011aodancantral practiceawhich comply
with soil low standards mandated or scmmmended by local, stsK and federal szeadw;
D. Lessee shall maintain and beep open all ditches, the drains, tue outlets, and grass
waterways -in the same condition as presently exists;
F- In= Shen we paxlence and cm in transporb& awft handing, and applying all
fadlimu% pastidderb herWdd%% andother chemicals and Amilar substances upon the Fam Lan
F. lasm"Mow all Wwl instracdonsfirthaumofilsaftmateNsin mdwtD avoid
Injury ordamagestopersons orp%ftyon WarMlAndandafjoiniagareas. andtocomplywith
all laws pertaining tDpcsftdeand herbicide training, licensing, storage, and usage;
0. IA=ee shall preserve the Farm Land and prevent waste, loss, or damage to the Farm
Land, and bq to Faun land hw from any lien or other adverse Interest created though Lam
and shall hKkmv* Low fi= anylien or adverse interest creWd dwm& Imam and
Section St P—ef U"I
N at anytime Lam dM fad orzefue to payer cam to be paid my payment of rent due
under this lege within 15 days of when cam becomes due, or Lem fails to mmady any default
with reaped to the performance of Lessee's obligations under Section 7 within 24 ho=
3
after notice b given by theLewor, or Lessee Ns to remedy any defialtwhhrwppctto anyolher ;
ob1hptionlimin assumed by Lam within 10 days afternoticethereofis giva►bytheLesscam, or
bankruptcy proceedings are vohmtadly or isvokintatily coonneaced, spot Lasses, then in any of
each events, the Ieworsbati have the dA at its option, and withoutlitniting itself in the exudse
of any other right or remedy it may have on account of such broach or defit, and without any
farther demand or notice, to deuce this lease and Lessee's dsW herein tcardnab d. Ibnaftea', -
Lessor shalt have the right to reenter the Famr Land with or without dna process of law and We
possession of the Farm Lend, and eject Lessee and all other paries in, possession from the Farm
Land without being liable to any prosecution for Wdreentry orirespaes, and withoutprejadwe to
any remedy provided to Lessor bylaw.
Section 9: Terminatlort
Lessor shall have the A&M to terminate the rights grantedhenk in whole Orin part at any
time upon fit q (3t)) r ya written notice to lance, rh such event, Learorahall 0011TORM Lessee
for damage to planted crap accordingloflroperarrafomrulaassuppliedbythe US Depaitozutof
Agticallow Faun Service Agency agent or representative of the McCracken County (coop whose
opinion shall be final, less ant government subsldies realized from the farming of the Farm Laod.
Suchcompeasation will berestrictedtoonly those amof cropsplaoted, in the field, anddamaged
as a directmailt of Lassoes t rmimtion of bis Agseamea
Seetion 10: E
Lessor Grits desfgnens shallbave rhe4&toenwupartheFarmlandatanry time dumtg s
the teen of this apeerowt and without notkato conduct such inspections or testing as it dem
appropriate. Lessee shall not in anyway inted= witli'i essor's or its designees inapeotions or
testing. !
Section 11: Binding LYfed—Aseianmeat
The provisions of this lease shall be binding on the hens, executers, admdebb% and
assigns of sire parties. Lessee span not assign this Lease or any rights hereunder without the prior i
written conseatof Iessor. in the eventLesmrsells theFarmLand,such We shah be fubjerx Whis
i
lease.
Section II Goveraints Law
This lease shall be governed by do laws of the state of Kauucky, both as to its
iatterpretation and enforcement. The venue of any action relating to this lease shall be
exclusively in a state court located in McCracken County, Kentucky.
4
Section 13: Legal Fees and Mmenses
ffLessarshA employ legalcwma to a&= igoodsu*u andamuxo mderUs
Lease, Lcum shall be entitled m recover dm reasonable mame s few koumd. by feasor,
toga with any and all d er costs and expenses kamed by Lessor is cmnention wl& die
enforcement of this Agreement.
Section 14: Entire Agreement
116 Tease shalt coasdaw the enm qpuma between the part. Any prior
tmdersteruTingornpae» rattan of w►ykkdpmwft t md* of Mbmstn$ notbe binding
upondAwpattyexcept tn8:eexbmtb izLd* km WsknemaynotbemoMed
except by wriam modificadon signed byallparties.
Section 16: Effective Date i
The effective dawof dus speameatdM be t z data of exemdm by thepatties.
Section 16: Holdover '
Any hollow by Lessee curing fhe expbfm of die tmn of this base sball be at a
month tp mandtbasis,sab,�ct toeitherpart�sriglrttoxuninate� agreementupon gives a
thirty (30) day notice to terminate.
iTNFSS , wherect each party io ibis lease has caused it to be executed on the "ay cf
2011.
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