HomeMy WebLinkAbout#5089 Eskridge Farms RESOLUTION NO 5089
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN ESKRIDGE
FARMS AND THE CITY OF CANTON AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE
CITY OF CANTON, ILLINOIS.
WHEREAS, the City of Canton owns approximately 54 acres commonly referred to as
the Zink Farm, located northwest of 20th Avenue and Sebree Road, Canton, Illinois; and
WHEREAS,the City desires to lease the ground so that it can be farmed and maintained;
and
WHEREAS, the Legal & Ordinance Committee of the City of Canton has determined it
is necessary and in the best interests of the City of Canton to enter into a lease agreement with
Eskridge Farms as set forth in Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, the City Council of the City of Canton has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS:
I. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby
approved by the Canton City Council.
2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and
directed to execute said Agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 5th day of
April 2017, upon a roll call vote as follows:
AYES: Aldermen Ryan Mayhew, Tad Putrich, Craig West, Angela Hale, Gerald Ellis,
Justin Nelson
NAYS: None
ABSENT: Alderman John Lovell
ABSTAIN:
APPROVED:
NLR Documents/Resolution
04/05/2017
Jew.
Jef�}iA F ' ayor
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iv•a Pavley-•oc City Clerk
NLR Documents/Resolution
04/05/2017
LEASE
THIS AGREEMENT is made and entered into this 5th day of April, 2017, by and between the
City of Canton, Illinois, a municipal corporation, (hereinafter referred to as the "Lessor"), and
Donnie Eskridge(hereinafter referred to as the "Lessee"), and the parties agree as follows:
1.) In consideration of the mutual covenants and agreements herein set forth, the
other good and valuable consideration, Lessor does hereby lease to Lessee, and
Lessee does hereby lease from Lessor the real estate described as approximately
54 acres, more or less (approximately 47 acres are tillable and approximately 7
acres are for hay) located northwest of 20th Avenue and Sebree Road, Canton,
Illinois.
2.) The term of this Lease shall commence on April 5, 2017, and end on December
31, 2019, however, Lessee will have the right to finish the harvest or collect crops
left on said property until March 31, 2019. Upon the end of the Lease agreement,
Lessee shall return all access keys to the Lessor.
3.) Lessee agrees to pay to Lessor, as rent for the above Premises, a total of$8,500
cash rent per year. One-half, or $4250.00 shall be paid on May 1st of each year
and the remaining one-half, or $4250.00, shall be paid on December 15th of each
year of the Lease.
4.) Lessee acknowledges that they have examined the Premises and accept said
Premises as being in good, safe and clean condition.
5.) Lessee shall use the Premises only as farmland with cultivated and planted crops
and shall not use the Premises for any other purpose whatsoever. Lessee shall
comply with all statutes, ordinances and regulations governing the use and
occupation of the Premises and shall not commit or permit any nuisance or waste
to be committed thereon.
6.) Lessee shall make no alterations or improvements to the Premises during the term
of this Lease without first obtaining the written consent of the Lessor therefore.
7.) Lessee shall agree to indemnify and hold Lessor harmless and keep it free during
the term of the lease and any extensions thereto, and from any and all liability and
claim for damages arising out of the injury to persons or property while in or on
the leased premises, or the approaches to the premises, or resulting from livestock
or other animals straying from the premises or from water or flood damage caused
by improper, inadequate or defective canals or ditches, or works of whatever kind,
or from the negligent operation, maintenance or use of the premises by the
Lessee.
8.) Lessor reserves the right to re-enter the Premises, and to authorize such re-entry
by any agent or employee of Lessor, for the purpose of repair, maintenance, or
inspection of the Premises, or to exhibit the Premises to actual or prospective
purchasers or tenants.
9.) Waiver of Notice. Lessee will waive any and all legal required notices and will
be governed solely the notice provisions of the Lease.
10.) In the event the Lessor shall procure an active prospect for the purchase of all or a
portion of the leased premises, the Lessor may give the Lessee a thirty (30) day
notice to terminate the lease and vacate the premises. In such event, the Lessee
shall release and vacate said portion of the leased premises. In the event all or a
portion of planted crops are destroyed, the Lessor shall pay the Lessee the fair
cash market value of any crops the Lessee may have planted in the ground at the
time of the receipt of the Notice. If no crops have been planted at such time, but
the Lessee has applied fertilizer or chemicals to the ground in anticipation of
planting a crop, the Lessor shall pay for said fertilizer and/or chemicals. The
Lessor shall not be liable for the value of any unplanted crops. Lessor shall also
reimburse the Lessee for the proportionate amount of prepaid cast rent for the
current year.
I I.) Lessor will place leaves and other municipal deposits as allowed by Illinois EPA
on portions of property after crop harvest. Lessor will pay crop damage if
deposits are placed prior to crop harvest.
12.) Lessee shall not assign this Lease or sublet all or any portion of the Premises
without the written consent of the Lessor.
13.) Lessor shall be entitled to recover from Lessee all costs and reasonable attorney
fees in any action or proceeding to secure any rights hereunder.
14.) Time is expressly declared to be of the essence of this Lease.
15.) LESSEE WILL PROVIDE:
A. All machinery and equipment and labor necessary to farm the premises
properly.
B. All seed, inoculation and disease-treatment materials and chemicals.
C. All fertilizer.
D. Standard mowing services, incidental to the farming, including:
1. Mow all fields tree-lined or fence-lined around all fields at least once per
month during the growing season.
2. Mow all roadways throughout the farm property to wood lines at least
once per month during the growing season.
3. Sickle bar cutting of all areas where rock prevents mower travel at least
once per month throughout the growing season.
4. Mow all "bottom" fields at least once per month during the growing
season. In the alternative, Lessee may cut hay up to three (3)times during
the length of this lease.
5. Provide records with dates regarding the above mentioned mowing
maintenance. Any mowing expenses occurred by the City as a result of the
Lessee not fulfilling the mowing requirements of the agreement, will be
billed to the Lessee.
16.) DUTIES OF THE LESSEE:
A. To faithfully cultivate the land in a timely and thorough and farmer-like
manner. Lessee is encouraged to rotate crops over the two (2) year period of
this lease.
B. To take proper care of, and prevent injury to, all trees,vines and shrubs.
C. To keep open ditches, tile drains, tile outlets, grass waterways and terraces in
good repair.
D. To prevent all unnecessary waste, or loss, or damage to the property of the
Lessor.
E. Not to cut live trees,except by permission of the Lessor.
F. Destroy noxious weeds and trim the weeds and mow the grass on the roads
adjoining the leased premises to maintain a grass height not exceeding six (6)
inches.
G. Not to bum cornstalks, straw, or other crop residues grown on the farm.
H. Not to break up established water courses or ditches, or to undertake any other
operation that will injure the leased premises.
I. Not to house automobiles, motor trucks or tractors or other farm equipment on
the premises without the written consent of the Lessor.
J. To provide to the Lessor, annually, the quantities and types of herbicides,
insecticides, and fertilizers applied to each property. Unless this information is
supplied in a timely yearly manner, Lessee will not be considered or allowed
to bid on future City of Canton Lease programs.
K. At the termination of the Lease, Lessee shall deliver up the premises in as
good condition as when the Lease commenced, ordinary wear and tear
expected.
17.) This Lease shall be binding upon, and may inure to the benefit of the parties
hereto and their heirs, executors, representatives and successors.
18.) This Lease constitutes the sole and complete agreement of the parties concerning
the Premises. Any agreement or representation between the parties hereto,
whether oral or in writing, which is not expressly set forth in this instrument, is
null, void and of no effect.
19.) In the event that any part of this Lease is construed or declared unenforceable, the
remainder shall continue in full force and effect as though the unenforceable
portion or portions were not included herein.
20.) If Lessee should fail to carry out substantially the provisions of the Lease, the
Lessee shall vacate the premises within ten (10) days after receipt of a Notice To
Vacate from the Lessor and Lessor shall then have the right to enter and repossess
the premises without the necessity of a court order.
21.) My real estate taxes that may become due after the date of this Lease shall be
paid by the Lessee.
Executed at Canton, Illinois, on this 5th day o
of April, 2017.
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CITY OF CANTON, Illinois, Lessor
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