05.03 - Spray Irrigation Land Use Lease

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and maintain in good repair all buildings, fences and other improvements on the Premises unless specifically agreed otherwise herein. (d) The Tenant is also to destroy all Russian Thistles and other noxious weeds growing on the Premises, declared by statute to be common nuisances, within the time prescribed by law, and shall keep all roadways and other parts of the Premises, not in crop, mowed and free from growing weeds. 6. Single Season Crop Rotation: The City has authorized a one growing season crop rotation on the Premises. The following rules and guidelines will be followed to keep the City in compliance with its MPDES Permit. The City reserves the right to discharge its ponds to the irrigation site regardless of the consequences to the Tenant's crop and the Tenant agrees that it waives any and all claims against the City with respect to the City's discharge of treated wastewater effluent on the Premises. (a) September 30, 2011 shall be the start date for plowing under or tilling of the 2011 grass /alfalfa cover crop. Once the cover crop has been plowed under the City will not discharge treated wastewater effluent to the Premises. The anticipated hold time for the wastewater treatment ponds will be September 30, 2011 through April 15, 2012. This is equal to a time period of 212 days through the end of April: 212 days x .060MGD = 12,720,000 gallons / 135,771 gallons per 5 acre inch = 93.68 inches / 12 inches per foot = 7.8 feet of water in pond 2. (b) Spring 2012 — Planting seed corn shall begin as soon as the soil will support planting. A starter fertilizer of 10 lbs. / acre and an anhydrous ammonia application of 35 lbs. per acre will be allowed. No other application of Nitrogen based fertilizers will be allowed. (c) September 2012 — The City is making no guarantee regarding crop yield, and as such, a decision will have to be made by the Tenant with respect to the crop yield. Once the corn crop is removed, the City will not discharge its treated wastewater effluent to the Premises until late spring of 2013. The anticipated hold time for the ponds will be September 30, 2012 through April 15, 2013. This is equal to a time period of 212 days through the end of April: 212 days x .060MGD = 12,720,000 gallons. 12,720,000 gallons / 135,771 gallons per 5 acre inch = 93.68 inches / 12 inches per foot = 7.8 feet of water in pond 2. (d) Spring 2013 — Planting of cover crop will begin as soon as the soil will support planting. Oats or other fast growing legume can be planted to help get the final cover crop (Alfalfa) started. 7. Irrigation Schedule: The irrigation system shall not interfere with the harvesting of crops on the Premises. The discharge of treated wastewater effluent through the irrigation system shall be at such times when Tenant is not in the process of harvesting crops, said times of harvest to be at the option of Tenant. The Landlord will irrigate when requested by Tenant, as long as weather conditions permit, but the Landlord reserves the right to