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HomeMy WebLinkAbout#5181 Approving A Lease Agreement Between the City of Canton and Donnie Eskridge RESOLUTION NO. 5181 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF CANTON AND DONNIE ESKRIDGE WHEREAS, the City of Canton, Illinois, has vacant, surplus property (47 acres) located at northwest of 20" Avenue and Sebree Road, Canton, Illinois that is historically leased for farming purposes; and WHEREAS, Donnie Eskridge desires to lease this property to conduct farming operations on same; and WHEREAS, the City Council of the City of Canton, Illinois, has reviewed the terms of the proposed agreement, a copy of which is attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the City Council of the City of Canton, Illinois, has determined that it is necessary and in the best interest of the City of Canton to approve said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS FOLLOWS: 1. That the Lease Agreement between the City of Canton and Donnie Eskridge, a copy of which is attached hereto and incorporated herein as Exhibit A, is hereby approved by the Canton City Council and said agreement to be subject to and effective pursuant to the terms and conditions set forth therein; 2. That the Mayor and the City Clerk of Canton, Illinois, are hereby authorized and directed to execute and deliver said Lease Agreement on behalf of the City of Canton; 3. That the Mayor and the City Clerk of Canton, Illinois, are hereby authorized and directed to execute and deliver any other documents necessary to lease the subject property; 4. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois, and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois, at a regular meeting this 51h day of March, 2019, upon a roll call vote as follows: AYES: Aldermen Ryan Mayhew, Justin Nelson, John Lovell, Craig West, Angela Hale, Tad Putrich, Angela Lingenfelter, Quin Mayhew NAYS: None ABSENT: None ABSTAIN: None APPROVED: ent A. Mcap-W-911, Mayor ATT ST: Diana avle - ock, City Clerk 2 LEASE THIS AGREEMENT is made and entered into this 1st day of April, 2019, by and between the City of Canton, Illinois, a municipal corporation, 2 North Main Street, Canton, Illinois 61520 (hereinafter referred to as the "Lessor"), and Donnie Eskridge, 23691 North Rock Road, Cuba, Illinois 61427 (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 20" Avenue and Sebree Road, Canton, Illinois. 2.) The term of this Lease shall commence on December 31, 2018, and end on March 1, 2020, however, Lessee will have the right to finish the harvest or collect crops left on said property until March 31, 2020. Upon the end of this Lease, Lessee shall return all access keys to Lessor. 3.) Lessee agrees to pay to Lessor, as rent for the above Premises, a total of $8,500.00 cash rent per year. One-half, or $4,250.00 shall be paid on May 1" of each year and the remaining one-half, or $4,250.00, shall be paid on December 15`h 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. Lessee agrees the property to be leased is fit for the purpose of this Lease. 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. 11.) 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. That any litigation arising out of this lease shall commence and conclude in the Ninth Judicial Circuit, Fulton County, Illinois and shall be construed under the laws of the State of Illinois. 14.) Time is expressly declared to be of the essence of this Lease. 2 15.) The waiver of any breach of any of the terms and conditions or covenants of this Lease or the non-performance of any of such terms, conditions or covenants on any one particular occasion shall not be construed as a waiver of any succeeding breach of the same or another term, condition or covenant hereunder. 16.) 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 incurred by the City as a result of the Lessee not fulfilling the mowing requirements of the Lease will be billed to ad payed by the Lessee. 17.) DUTIES OF THE LESSEE: A. To faithfully cultivate the land in a timely and thorough and fanner-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 burn 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. 3 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 shall 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. 18.) This Lease shall be binding upon, and may inure to the benefit of the parties hereto and their heirs, executors, representatives and successors. 19.) 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. 20.) 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. 21.) 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. 22.) Any 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 r, 1day of Much,2019. Lessee - Lessee CITY OF CANTON, Illinois, Lessor KENT MCDOWEL ayor 4 ATTEST: Diana Pavley-Rock, City Clerk 5