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Bid Number: 21-0001
Bid Title: 154 Acres Farmland - Lease
Category: Miscellaneous
Status: Open

Description:
Sealed  bids must include payment and printed form. Link is located at the bottom.

BID FORM, SPECIFICATIONS & CONTRACT

The undersigned shall lease approximately 154 acres (+/-) of farmland located within The Northeast Quarter (NE l /4) of Section 36, Township 100, Range 51 West of the 5th P.M., Except the West 370.42 Feet of the East 2,132.80 Feet of the North 823. 17, Lincoln County, South Dakota but not including the temporary easement on the north end consisting of 142,911 square feet from January 1, 2021 to December 31, 2022, for cash rent in the amount of $_________________________ per year.  Rent for 2021 shall be submitted with the bid.  Rent for 2022 is due and payable April 1, 2022.

Envelope:  Each bid must be sealed and submitted in or under the cover of an envelope no later than 10:00 a.m. on March 1, 2021.  All bid envelopes must be identified with the bid number and date of opening (March 2, 2021) to be considered as a valid bid.  Any bid submitted without identifying the bid number and date of opening may be subject to being opened prior to or after the public bid opening.  Any bid so opened shall be rejected and returned to the bidder without further consideration for award.  

If awarded this request, the bidder’s signature on this bid form and lease agreement is the bidder’s contractual signature and when countersigned by the Board Chairman and delivered to the successful bidder shall become a binding lease agreement.  

If awarded this request, the successful bidder hereby agrees to lease approximately 154 acres (+/-) of land located within The Northeast Quarter (NEl/4) of Section 36, Township 100, Range 51 West of the 5th P.M., Except the West 370.42 Feet of the East 2,132.80 Feet of the North 823. 17, Lincoln County, South Dakota in accordance with the following TERMS:

1) North one hundred Feet (100’) is an easement and shall not be farmed.
2) Tenant shall not do or permit to be done any act or thing upon the Leased Premises which shall or might subject Landlord to any liability or responsibility or injury to any person or to property by reason of any business or operation being carried on upon the Leased Premises. 
3) Tenant shall comply with all laws, orders and regulations of Federal, State, County and Municipal authorities, and with any direction of any public officer or officers pursuant to law which shall impose any violation, order or duty upon Landlord or Tenant with respect to the Leased Premises or the use or occupation thereof. 
4) Tenant shall not use the Leased Premises for any purpose whatsoever which might create a nuisance, injure the Leased Premises, or injure the reputation of the Leased Premises or Landlord.
5) This Lease Agreement shall commence on March 2, 2021 and terminate on December 31, 2022.  
6) Upon expiration of this Agreement, Tenant shall quietly yield and surrender to Landlord the Leased Premises in as good condition and repair as when taken, reasonable wear alone excepted.
7) Landlord and its agents or other representatives shall have the right to enter the Leased Premises, or any part of the Leased Premises, at all hours for the purpose of examining them or making such repairs or alterations as may be necessary to make them safe and to preserve them.
8) Tenant shall not assign any rights or duties under this Lease Agreement nor sublet the Leased Premises or any part of the Leased Premises, nor allow any other person to occupy or use the Leased Premises without the prior, express, and written consent of Landlord.
9) Neither Landlord nor Landlord’s agents shall be liable to Tenant, or any person claiming through or under Tenant, for any injury to person or property arising from the ownership, maintenance or use of the Leased Premises, or its appurtenances, equipment or furnishings.
10) Tenant agrees to indemnify and hold Landlord harmless and Landlord agrees to indemnify and hold Tenant harmless from and against any and all claims arising from any accident, injury or damage to person or property and arising from acts and/or omissions of their respective employees, agents, licensees and invitees, in or about the Leased Premises or building and real estate of which the Leased Premises are a part and situated upon. This indemnity shall include indemnity against costs, claims, expenses, penalties incurred in or in connection with any such claim or proceeding brought thereon or in the defense thereof, including reasonable attorney’s fees. The indemnifying party shall pay all costs, expenses, and reasonable attorneys’ fees that may be incurred or paid by the indemnified party in enforcing the covenants and agreements in this Lease.
11) This Lease Agreement shall be subject to and governed by the laws of the State of South Dakota.
12) This Lease contains the entire agreement between the parties, and any executory agreement hereafter made shall be ineffective to change, modify, discharge, or effect an abandonment in whole or in part unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought.
13) Tenant’s first rental payment shall be due upon submission of its bid. 
14) Tenant’s second rental payment shall be due and payable April 1, 2022.
15) In the event Tenant fails to tender the second rental payment when due, such nonpayment for 2022 is hereby deemed a material breach of this Lease Agreement, and Tenant shall quietly yield and surrender to Landlord the Leased Premises in as good condition and repair as when taken, reasonable wear alone excepted.

Publication Date/Time:
2/2/2021 12:00 AM
Closing Date/Time:
3/1/2021 10:00 AM
Submittal Information:
Sealed Bids with payment and form
Related Documents:

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