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05.03 - Spray Irrigation Land Use Lease
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09-06-2011 Council Meeting
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05.03 - Spray Irrigation Land Use Lease
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irrigate if necessary to maintain acceptable levels of treated wastewater effluent in the <br />wastewater treatment system ponds. <br />8. Plant Operator: Landlord agrees that it will employ a certified wastewater operator, and <br />said certified operator will have completed the necessary training as required by the <br />MPCA in the operation of the Wastewater Treatment Plant and the Center Pivot Spray <br />Irrigation System. <br />9. Costs: The Landlord shall bear all costs related to the operation of the Center Pivot <br />Irrigation Systems on the Premises, including, but not limited to lubricants, electricity, <br />and parts. <br />10. Insurance: The Landlord shall obtain and hold in effect an insurance policy covering <br />damages and theft to the Center Pivot Irrigation Systems located on the Premises. Tenant <br />shall obtain and hold in effect an insurance policy covering all other liabilities in relation <br />to the Premises including but not limited to damages or bodily injury that may occur <br />thereon. <br />11. Right of Entry: Landlord, as well as agents and employees of the Landlord, reserve the <br />right to entry of the Premises at any reasonable time to: (a) consult with the Tenant; (b) <br />irrigate; (c) make repairs, improvements, and inspections; none of which is to interfere <br />with the Tenant in carrying out regular farm operations. <br />12. Binding on Heirs: The provisions of this Lease Agreement shall be binding upon the <br />heirs, executors, administrators, and successors of both Landlord and Tenant in like <br />manner as upon the original parties, except as provided by mutual written agreement. <br />13. No Right to Sublease: Landlord does not convey to Tenant the right to lease or sublet <br />any part of the Premises or to assign this lease to any person or persons whomsoever. <br />14. No Warranties: The City makes no warranty regarding the condition of said treated <br />wastewater effluent to be irrigated on the Premises and Tenant holds the City harmless <br />from any claims arising from the discharge of treated wastewater effluent irrigated on the <br />Premises. <br />15. Termination: Each party shall have the option to terminate this agreement by providing <br />written notice to the other party by no earlier than October 15 or no later than November <br />15 of each year of the Lease Agreement. <br />16. Notices: Notices required to be provided herein to the City or Tenant shall be in writing <br />and delivered to the following address: <br />0 <br />
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