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LA515\1\1061613.v2 1 <br />FARM LEASE <br /> <br />THIS FARM LEASE (this “Lease”) is made effective this _____ day of _______, 202____, <br />by and between the City of Lake Elmo, a Minnesota municipal corporation (the “City”) and David <br />See, d/b/a David See Farms (the “Tenant”). <br /> <br />1. Property Description. The City hereby rents to the Tenant in consideration of the rents and <br />promises hereinafter described a portion of property (the “Property”) consisting of <br />approximately 129 acres. The Property is legally described on Exhibit A attached hereto. <br />The portions of the Property that are being leased to the Tenant are shown on the Exhibit <br />B attached hereto (the “Leased Premises”). <br /> <br />2. Term. The term of this Lease is for five growing seasons commencing on <br />__________________, 2026 and terminating on December 31, 2030, unless otherwise <br />terminated pursuant to the terms herein. <br /> <br />The City may terminate this Lease at any time during the term, by giving 90 days’ written <br />notice to the Tenant. Upon expiration of the 90 day notice period, the City shall have no <br />further obligation under the terms of this Lease, the Tenant shall vacate the Leased <br />Premises, and no further rents shall accrue. Should this Lease termination occur during the <br />growing season and the Tenant will be unable to procure a harvest as a result of the City’s <br />actions, the City will reimburse the Tenant for the cost to replace the Tenant’s lost crops. <br /> <br />The Tenant understands and acknowledges that the Leased Premises are part of the <br />property the City intends to develop (the “Project”) and that the Leased Premises are being <br />leased to the Tenant under this Lease on a short-term basis, subject to termination at such <br />time as the Leased Premises may be needed for the Project. The Tenant understands, <br />acknowledges, and agrees that in the event of termination of this Lease, the Tenant shall <br />not qualify as a “displaced person” as described in Minnesota Statutes Section 117.50; 42 <br />U.S.C. Section 4601; or 49 C.F.R. Part 24.2 and shall not be eligible for relocation <br />assistance benefits or services under state or federal law. <br /> <br />3. Base Rent. Tenant shall pay the City annual rent of $213.50/acre for the field located north <br />of CSAH 14 and the field south of CSAH 14 and north of the railroad tracks. Tenant shall <br />pay the City annual rent of $133.50/acre for the field located south of CSAH 14 and south <br />of the railroad tracks. Collectively,, the annual rent is defined herein as the “Rent.” Tenant <br />shall pay the Rent in two annual installments each calendar year with one installment of <br />$13,045.22 due on April 15th of each year and the second installment of $13,045.22 being <br />due on November 15th of each year. <br /> <br />4. Property Taxes. The City shall be responsible for paying the annual real estate taxes <br />attributable to the Property. <br /> <br />5. Quiet Enjoyment. The City warrants that it has full right to execute and to perform this <br />Lease and to grant the estate demised, and that the Tenant, upon the Tenant’s performance <br />of all the terms, conditions, covenants, and agreements on the Tenant’s part to be observed