04-07-26 City Council Meeting Packet

Home Browse Search

1LA515\146\1008785.v2 FARM LEASE THIS FARM LEASE (this “Lease”) is made effective this _____ day of _______, 2026, by and between the City of Lake Elmo, a Minnesota municipal corporation (the “City”) and David See, d/b/a David See Farms (the “Tenant”). 1.Property Description. The City hereby rents to the Tenant in consideration of the rents and promises hereinafter described a portion of property (the “Property”) consisting of approximately 62.9 acres. The Property is legally described on Exhibit A attached hereto (the “Leased Premises”). 2.Term. The term of this Lease is for five growing seasons commencing on ________________, 2026 and terminating on December 31, 2030, unless otherwise terminated pursuant to the terms herein. The City may terminate this Lease at any time during the term, by giving 90 days’ written notice to the Tenant. Upon expiration of the 90-day notice period, the City shall have no further obligation under the terms of this Lease, the Tenant shall vacate the Leased Premises, and no further rents shall accrue. Should this Lease termination occur during the growing season, and the Tenant will be unable to procure a harvest as a result of the City’s actions, the City will reimburse the Tenant for the cost to replace the Tenant’s lost crops. The Tenant understands and acknowledges that the Leased Premises are part of the property the City intends to develop (the “Project”) and that the Leased Premises are being leased to the Tenant under this Lease on a short-term basis, subject to termination at such time as the Leased Premises may be needed for the Project. The Tenant understands, acknowledges, and agrees that in the event of termination of this Lease, the Tenant shall not qualify as a “displaced person” as described in Minnesota Statutes Section 117.50; 42 U.S.C. Section 4601; or 49 C.F.R. Part 24.2 and shall not be eligible for relocation assistance benefits or services under state or federal law. 3.Base Rent. Tenant shall pay the City annual rent of $11,753(“Rent”) in two installments, one installment of $5,876.50 on April 30, 2026, and the second installment of $5,876.50 being due on November 15, 2026. 4.Property Taxes. The City shall be responsible for paying the annual real estate taxes attributable to the Property. 5.Quiet Enjoyment. The City warrants that it has full right to execute and to perform this Lease and to grant the estate demised, and that the Tenant, upon the Tenant’s performance of all the terms, conditions, covenants, and agreements on the Tenant’s part to be observed and performed under this Lease, may peaceably and quietly enjoy the Leased Premises subject to the terms and conditions of this Lease. 6.Access to the Leased Premises. The Tenant agrees to permit the City and any authorized representatives of the City to enter the Leased Premises at all times during normal business hours (upon 24 hours’ notice to the Tenant) for the purpose of inspecting the same and