Loading...
HomeMy WebLinkAboutOrdinance #4221A - Municipal Officer to Enter into a Lease Agreement not to Exceed Two Years for City-Owned Farm Ground ORDINANCE #4221 -A AN ORDINANCE AUTHORIZING A MUNICIPAL OFFICER TO ENTER INTO A LEASE AGREEMENT NOT TO EXCEED TWO YEARS FOR CITY-OWNED FARM GROUND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS: Ap71:;132_202f PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: April 7 t, 20-21 STATE OF ILLINOIS ) ) SS. COUNTY OF FULTON ) CERTIFICATE I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY ILLINOIS. I further certify that on April 12, 2021 , the City Council of such municipality passed and approved Ordinance #4221 entitled: AN ORDINANCE AUTHORIZING A MUNICIPAL OFFICER TO ENTER INTO A LEASE AGREEMENT NOT T3X.CEED TWO YEARS FOR CITY-OWNED FARM GROUND The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. 4DATED AT CANTON, ILLINOIS; -H'S 'i DA P P L 2021 '�� ver L,..,,na avley-Rock, CMC, City Clerk Seal ;8a of Canton. Illinois ORDIN .E NO. 4221 AN ORDINANCE AUTHORIZING A MUNICIPAL OFFICER TO ENTER INTO A LEASE AGREEMENT NOT TO EXCEED TWO YEARS FOR CITY-OWNED FARM GROUND WHEREAS, the City of Canton (the "City")is a non-home rule municipality; WHEREAS, the City is the owner oi certain real property described as follows (the "Property'): See "Exhibit A" attached were o. WHEREAS, the City has -the power tc lease certain property when, in the opinion of the corporate authorities, the real estate is no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the Cd (see 65 ILCS 5/11-76-1); WHEREAS, by this Ordinance, at :r .st two-thirds of the corporate authorities have determined that the Property is no longer required for the use of the City; WHEREAS, the corporate authorities _:Love the power to authorize any municipal officer to make leases for terms not exceeding 2 years in such manner as they may determine (65 ILCS 5/11-76-1); WHEREAS, corporate 'authorities des re to authorize the Mayor, along with the City's Utility Director, to enter into a lease agreem _:c not to exceed two years for all or part of the Property: WHEREAS,the corporate authorities rove determined it in the best interest of the City to lease the Property for agricui.ur: purposes. NOW, THEREFORE, 7, In, ORD. _:'fED BY THE CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS, AS FOL���JNS: 1. That the City 02 rinds as fact recitals set forth above and are incorporated herein as though ildby set forth. 2. That the City's 1,J1 :i ties . ?oe Carruthers,may negotiate the terms of a Lease Agreement, upon consent of the Mayor. `:or a _:n not to exceed two (2) years for the Property; 3. Tha:the Cri: ..,,, cute and ar_y and all leases for all or part of the Property; however, in no even ,_a.i 1 the = exceed a term of two (2) years and the primary purpose of the lease shall be for L.grrcuitura/11.1___oing purposes: 4. That this Ordin n. shall he in :all force and effect immediately upon its passage by the City Council of the is, and appro,.-al by the Mayor thereof. PASSED by the City Council of the C4 of Canton, Illinois, at a regular meeting this 6th day of April, 2021, upon a roll call vote as follows: AYES: Mayor Kent McDowell, NAYS: Alderwoman Angela Lingenfe_.e_, Alderman Jeff Fritz, Alderwoman Angela Hale, Alderman Craig vVest, Alderman John Lovell, Alderman Quin Mayhew, Alderwoman Andra Chamberlin ABSENT: Alderman Justin Nelson ABSTAIN: None APPROVED: IVVv� Kent McDo , Mayor ATTE;T: Diana Pavley-Rock, City Clerk EXHIBIT A ' BOOK 1204PAGE 345 j .. Part of rhe wast Half of Section 24, Topp'7 North, Ram I East of the Principal Meridian, ?tr1t on County, Illinois,tnoi s, sore particularly described as foil/swat Beginning at the Southeast corn r of the Southwest Quarter of said Section 24, Ilatereship and Range as aforesaid, emcee Werth along the center lima Section 24 tar a distance. of 547 fest, thonas Want 10t?1 fest, thanes Llorth 558 fe t,thence North 40 degrees East 11100.fit, thence N rth 72 &s*r+ess 11 mine=tee ext 1225 fent, tivstoe North 598 • fent, thence tet 1555 fest to the centrnr. line of Stace.en 24, thence.North along said • canter lime 1030 feat to the North rt'o ar Of-$he Fruth vz3 Northwest Q zrb z of said Section 24, thence Vest o. ng the tion? line of said South Ralf of said NarthAmst Quarter of Slixtion 24, 26c5 f c t t&t? tet•lira;of Section 24, thence South along said i+ et line 3975 t'N c't to the ScUtlesent ontrumrotsaid Suction 24, thence Ernst along the South line nf c^id Section 24; 2533 feet to the point of tesirming, cant €.^Leg 1E3 screa nose cr. j la, s**f act; tr5 all-easements and richt* of eery of record. _ E7.77`" 1 a trOct of 3.865 acres de=i'x , r s s Comendro at the Sit corner the Sout tm—t Quarter nf n id 5F' t c r AI thence So h 89 degrees 59 minutes • 57 enconda I?act along the 5. utr, line c.t- an ter of said Section 24, a distance of 810.28 feat t n the Point cf Begioning of the tract to be described;. t.hmoe =tinning South 09 woes 59 ritle S7 Pant along the South line • of the.Snuthvert quarter of said Se otic n 4, a distanc6 of 500.00 fest; thence }orthh 0 degrees 42 adartes secooda fa--7 a d e'amcs of 300.,00 feet; thence tozrth 77 deorsea 18 ae{xn'tar. PP was _4. n distaevi,r nf 321.83 feet; thence South 69 decrees 33 atiarat '0 seconds WL-.7s, a distr*" of 202.48 fent; thaws South 0 degrees 00 :Smuts. a;3 asons,dsM^► t , t' ''i,tance of 300.00 feet to the Point of icinning a te.„Wnq 3,$.4“ .'». situate,e, 1 ` iYr and baimq 3n the County of Fulton sod Btu of IlSimiu Cash Rent Farm Lease This Lease is entered into on April 15, 2021, between the City of Canton, an Illinois non home-rule municipal corporation, whose mailing address is 2 N. Main Street, Canton, Illinois 61520 ("Landlord") and Matt Holthaus and Angela Holthaus (collectively "Tenant"), whose mailing address is : Holthaus Farms, 1007 Old West Locust. Canton. Illinois 61520. BACKGROUND A. Landlord owns the real property consisting of 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 ("Property"), which is a portion of the parcel legally described in Exhibit A; and B. Tenant desires to lease the Property owned by Landlord and Landlord and Tenant desire to enter into a written lease to set forth the terms and conditions of the lease. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: Article 1. Description of Rented Land and Length of Tenure A. Description of Land. The Landlord rents and leases to the Tenant,to occupy and to use for agricultural purposes only, the Property. Tenant shall have no right to occupy or use any portion of the Property that is timberland except as is necessary for ingress and egress. In no event shall Tenant inhabit any portion of the Property. B. Length of Tenure. The term of this lease shall be two years, commencing on April 15, 2021 to April 14,2023,unless sooner terminated as provided herein. Article 2. Rent Tenant will pay Landlord as rent for the Property an annual amount equal to the Six Thousand Six Hundred Dollars and Zero Cents ($6,600.00) ("Rent"). Fifty percent (50%, $3,300.00) of the Rent shall be paid on or before May 1 of each lease year. The remainder of the Rent shall be paid on or before December 15th of each lease year. Rent payments shall be made payable and delivered to the City of Canton, ATTN: City Treasurer, 2 N. Main Street, Canton, Illinois 61520. Article 3. Tenant's Duties in Operating Farm A. Tenant covenants and agrees as follows: i. To cultivate the Property faithfully and in a timely, thorough, and businesslike manner. ii. To prevent all unnecessary waste, loss, or damage to the property of Landlord. iii. To use the Property only for agricultural purposes. iv. To provide (a) all machinery and equipment and labor necessary to farm the premises properly; (b) all seed, inoculation and disease-treatment materials and chemicals; and (c) all fertilizer. v. Not to erect or permit to be erected any structure or building or to incur any expense to Landlord for such purpose, without the prior written consent of Landlord. vi. Not to permit, encourage, or invite other persons to use any part or all of the Property for any purpose or activity not directly related to its use for agricultural production. vii. Not to allow any livestock on the Property. viii. Not to cut live trees for any reason without the express written consent of the Landlord. ix. To comply with all federal, state and local statutes, regulations, ordinances, rules and policies, all court and administrative orders and decrees, all arbitration awards, and the common law, which pertain to agricultural, environmental or natural resource matters or contamination of any type whatsoever("Environmental Laws"). x. Not to permit the erection of any commercial advertising signs. xi. Not to assign this Lease to any person or persons or sublet any part of the Property. xii. Not to house automobiles, motor trucks or tractors or other farm equipment on the premises without the written consent of the Landlord; xiii. To prevent noxious weeds from going to see on the Property and to destroy the same and keep the weeds and grass cut. xiv. To keep open ditches, tile drains, tile outlets, grass waterways, and terraces in good repair. In the event of a major tile break, Tenant shall notify the City's Utilities Director of the break before any repairs are undertaken. xv. To preserve established watercourses or ditches and to refrain from an operation that will injure them. xvi. To keep the fences (including hedges), and other improvements on the Property in as good repair and condition as they are when Tenant takes possession or in as good repair and condition as they may be put by the Landlord during the Lease term — ordinary wear, loss by fire or unavoidable destruction excepted. xvii. To prevent all unnecessary waste or loss or damage to the Property. xviii. To comply with rules and regulations of the Illinois Pollution Control Board, United States Department of Agriculture and the Natural Resources Conservation Service. Tenant shall not be responsible for action of Landlord that may be contrary to said rules and regulations. xix. To plant crops in accordance with generally accepted farming and soil conservation practices and provide Landlord with written reports of the crops planted, fertilizers, herbicides and other products applied to the Property. xx. To keep financial and production records related to Tenant's use of the Property and to furnish an annual report to the Landlord by November 30th, unless otherwise agreed by the parties; Article 4. Real Estate Taxes Landlord shall pay the general real estate taxes and special assessments levied against the Property during the term of this Lease. Article 5. Inspection; Soil Surveys and Monitoring Landlord shall have the right to enter the Property at any time to inspect the Property, and to perform any acts related to the safety, protection, preservation, reletting or improvement of the Property. At the end of Tenant's term, the Tenant is responsible for all costs of restoring the soil's condition and fertility of the Property to what they were when the leasing arrangement began. Failure to maintain adequate soil standards during the term of the Lease is immediate grounds for terminating the Lease. Article 6. Public Liability Insurance Tenant shall, at his own expense, at all times during the term of this Lease, maintain in effect a comprehensive public liability insurance policy with a carrier acceptable and approved by Landlord, which will name Landlord as an additional insured, insuring against claims, demands and actions with respect to bodily injury, death or property damage arising from Tenant's use of the Property, with the following minimum limits of coverage: Crop Insurance: $140.00 per acre (per year) (to match lease amount). Liability Insurance: $2,000,000 per occurrence Property Damage: $2,000,000 per occurrence Tenant shall deliver to Landlord appropriate insurance certificates evidencing such coverages, such certificates providing for not less than 30 days notice to Landlord of cancellation or termination. Article 8. Default A. The occurrence of any one or more of the following events shall constitute an Event of Default under this Lease: i. The failure by Tenant to pay any installment of rent or any money due under this Lease and such failure is not cured within five (5) days after delivery of written notice from Landlord specifying such failure to pay. ii. The failure by Tenant to perform any other covenant or agreement to be performed by Tenant under this Lease except those requiring the payment of rent or any money due under this Lease and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlord specifying the nature of such breach; provided, however, if Tenant's default cannot be reasonably cured within such thirty (30) day period,then Tenant shall not be in default if it commences to cure the default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. iii. A receiver or similar officer becomes entitled to the leasehold interest of Tenant under this Lease. iv. Abandonment of the Property by Tenant. v. Levy, seizure, attachment, or sale of the leasehold interest of Tenant under this Lease. vi. Tenant becomes insolvent or unable to pay debts as they mature, or admits in writing to such effect; makes an assignment for the benefit of creditors; a proceeding is instituted by or against Tenant alleging that Tenant is insolvent or unable to pay debts as they mature; or a petition under any bankruptcy or insolvency law is brought by or against Tenant. B. Tenant shall promptly notify Landlord in writing upon the happening or occurrence or existence of any Event of Default, or any event or condition which with the passage of time or giving of notice, or both,would constitute an event of Default. C. Upon the occurrence of any of the Events of Default, Landlord may, at its option, without notice to or demand upon Tenant, exercise any one or more of the following remedies: i. Landlord may reenter the Property immediately with or without process of law and with the use of such force as may be necessary, and remove all persons and all property therefrom. Landlord shall not be liable or responsible for any damages resulting therefrom. ii. Landlord may terminate this Lease by ten (10) days written notice to Tenant. Reentry only, without notice of termination, will not terminate this Lease. Upon termination of this Lease, Landlord may recover from Tenant all damages proximately resulting from the termination, including the cost of recovering the Property. All such amounts shall be immediately due and payable from Tenant. iii. After reentering, Landlord may relet the Property or any part thereof, for any term, without terminating this Lease at such rent and on such terms as Landlord may choose. iv. Landlord may pursue any other remedy or combination of remedies legally available to Landlord, including the recovery of damages caused by Tenant's failure to perform or observe any covenant or condition of this Lease. Article 9. Possession,Landlord's Lien,Mineral Rights,Liability,Indemnification and Use A. Yielding Possession. Tenant agrees at the expiration or termination of this lease to yield possession of the premises to Landlord without further demand or notice, in as good order and condition as when they were entered upon by Tenant, loss by fire, flood, or tornado, and ordinary wear excepted. B. Mineral Rights. Nothing in this Lease shall confer upon Tenant any right to minerals underlying the land. Such mineral rights are hereby reserved by Landlord together with the full right to enter upon the premises and to bore, search, excavate, work and remove the minerals, to deposit excavated rubbish, to pass over the premises with vehicles, and to lay down and work any railroad track or tracks, tanks, pipelines, power lines, and structures as may be necessary or convenient for the above purpose. Landlord agrees to reimburse the Tenant for any actual damage Tenant may suffer for crops destroyed by these activities and to release Tenant from obligation to continue farming this property when development of mineral resources interferes materially with Tenant's farming operations. C. Tenant Liability. Tenant takes possession of the Property subject to the hazards of operating a farm, and assumes all risk of accidents personally as well as for family, employees, or agents in the pursuance of farming operations. The Tenant shall be solely responsible for all employer obligations on hired labor, including but not limited to with respect to safety requirements and social security and workers' compensation contributions. Landlord shall have no responsibilities to Tenant for said obligations and hazards, and Tenant shall hold harmless, indemnify Landlord and its members, elected and appointed officials, attorneys, insurers, agents and employees from any of said obligations and hazards. D. Landlord's Lien. The Landlord's lien provided by statute on crops grown or growing, together with any other security agreement(s) created by Tenant in favor of Landlord, shall be the security for the rent herein specified and for the faithful performance of the terms of the lease. The Tenant shall provide the Landlord with the names of persons to whom the Tenant intends to sell crops grown on these premises at least 30 days prior to the sale of such crops. A lesser period may be allowed by mutual written agreement. Tenant consents to any filing required by law to perfect the statutory landlord's lien upon crops. If the Tenant fails to pay the rent due or fails to keep any of the agreements of this lease, all costs and attorney fees of the Landlord in enforcing collection or performance shall be added to and become a part of the obligations payable by the Tenant. E. Indemnification. Except to the extent of the negligence or willful misconduct of Landlord, or its agents, employees or contractors, Tenant shall hold harmless, indemnify and defend Landlord and its members, elected and appointed officials, attorneys, insurers, agents and employees from all damages, liabilities, penalties, actions, attorney's fees, costs and expenses resulting from or arising out of any of the following: (a) Tenant's occupancy or use of the Property; (b) any accident or other occurrence in the Property arising in connection with Tenant's use of the Property; (c) any violation resulting from an act or omission by Tenant or Tenant's members, stockholders, partners, officers, agents, employees, or invitees, of any law or ordinance in any way related to the Property, including but not limited to Environmental Laws, or Tenant's use thereof. F. Hunting, Fishing and Wildlife Management Activities. All hunting, fishing, trapping, and all other recreational uses are reserved to the Landlord. Tenant understands and recognizes that the City of Canton may allow hunting on the property for certain persons granted permission. Areas where food plots and hunting structures exist, are to be left undisturbed when planting or harvesting crops. Yearly planning communications between the Utilities Director and the Tenant are required each year before planting. G. Application of Sludge. Landlord retains the right to apply sludge from its sewer operation on the Property after the crop is harvested in the fall. Landlord may also place leaves and other municipal deposits as allowed by Illinois EPA on portions of property after crop harvest. H. If an emergency need occurs for the City to dispose of its sludge's from either facility at any given time of the year, Tenant will be compensated through an agreed upon reimbursement method for the loss of the crop and additional efforts. Article 10. General Provisions A. Titles to Articles and sectional headings herein are for information purposes only. B. The provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto, their heirs,executors, administrators, successors and assigns. C. This Lease shall be construed, enforced and governed in all respects in accordance with the laws and the statutes of the State of Illinois. D. The invalidity of any particular term or provisions of the Lease shall not affect the validity of the remaining terms and provisions hereof. E. No alterations to or modification of the terms or the provisions of this Lease shall be effective unless such alteration or such modification is reduced to writing, and is then properly executed by the parties hereto. F. This Lease supersedes any prior contract or arrangement between the parties hereto, and represents the complete agreement of the parties hereto. G. All notices provided by this Lease shall be given in writing (i) either by actual delivery of the notice to the party thereunder entitled, or (ii) by mailing of the notice in the United States mail, first-class postage prepaid, to the address of the party entitled thereto, registered or certified mail, return receipt requested. The notice shall be deemed to be received (i) on the date of its actual receipt by the party entitled thereto and (ii) on the date of its mailing. All notices, demands or other communications to any of the parties to this Lease shall be addressed as described above. The address of any party hereto may be changed by notice to the other party duly served in accordance with the provisions hereof. H. Any waiver by a party hereto of a breach of any term or condition of this Lease shall not be considered as a waiver of any subsequent breach of the same or any other term or condition hereof. I. Nothing contained in this Lease shall be deemed or construed as creating a relationship of principal and agent, or of partnership or of joint venture between the parties hereto. J. Time is of the essence of each and every provision, covenant, and condition herein contained and on the part of Tenant or Landlord to be done and performed. K. For the convenience of the parties, this Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. L. Tenant will permit no lien, notice of intention to file lien, or other charges (whether arising out of work of Tenant or any contractor, subcontractor, mechanic, laborer or material man of Tenant or any mortgage, conditional sale, security agreement, chattel mortgage or otherwise) which might be or become a lien or encumbrance or charge upon the Property or any part thereof. [Remainder of Page Left Intentionally Blank] Executed by the parties hereto as of the day and year first above written. Landlord: Tenant: City of Canton, Illinois Kent McDowell, Mayor ly+latt Holthaus V Angela olthaus , 1 Exhibit A LEGAL DESCRIPTION REQUEST FOR PROPOSAL FOR LEASE OF CITY-OWNED FARM GROUND on is re uesting proposals to lease city-owned farm ground for the use of growing and The City of Cant q harvesting grain crop and hay. Qualifications Proposals will be accepted only from qualified farmers with agricultural experience and competency in growing and harvesting farm crop~ Farm Groundreferred to as the The city will be accepting proposals on approximately 54 acres commonly Zink Farm, located northwest of 20th Avenue and SebreeoRoad, Canton. Approximately 47 acres are tillable and approximately 7 acres are suitable f hay. Length of Contract Length of lease agreement for services requested will be pccollect on of the cgops left onril 1st, 2021 throuh March ssaid 2023. The lessee will have the right to finish the harvest o property until March 31, 2023. Nature of Services Required Attached is a lease agreement outlining the specific requirements of the lease. Proposal Criteria Proposal should be submitted on the attached Request for Proposal form. Proposals should include the total annual lease payment proposed. Proposals should be based on the attached lease agreement, and any qualifications to the lease must be presented in writing. Request for proposals should be directed to: City of Canton Diana Pavley-Rock, City Clerk 2 North Main Street Canton, Illinois 61520 Proposals must be received by10:00a.m. March 29th, 2021 A meeting to view the property will be held at the farm on Friday, March 19th, 2021, Please call Utility Director Joseph Carruthers at 309-647-0060, or Michael Courtney, wastewater superintendent at 309-647-1391for arrangements. The City of Canton will answer any question prior to the deadline for proposals. Selection of the farm lessee will be based on the evaluation iof the proposals. The City reserves the right to select a farm lessee directly from the written proposals. The award may be made to the most qualified farm lessee whose bid is deemed most advantageous to the City, all factors considered. Unsuccessful bidders will be notified as soon as possible. LEASE THIS AGREEMENT is made and entered into this last day of April, 2021, by and between the City of Canton, Illinois, a municipal corporation, (hereinafter referred to as the "Lessor"), and --- (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 considerations 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 1st, 2021 and end on March 1st , 2023, however, Lessee will have the right to finish the harvest or collect crops left on said property until March 31, 2023. 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 cash rent per year. One-half, or - shall be paid on May 1st of each year and the remaining one-half, or , 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. 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. 14.) Time is expressly declared to be of the essence of this Lease. 15.) Lessee understands and recognizes that the City of Canton allows hunting on the property for City employees only. Areas where food plots and hunting structures exist, are to be left undisturbed when planting or harvesting crops. Yearly planning communications between the hunting groups administator and the lesee are required each year before planting. 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 fenee-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. S. 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 burn cornstalks, straw, or other crop residues grown on the farm. H. Not to break up established water cdurses 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 root 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.) 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 1st day of April,2021. 1 I ,Polf , • . Lessee CITY Of CANTON, Illinois, Lessor li„pvf G'w l Kent McDowel , ayor ATTEST: Diana 'avley-Rock, City Clerk The City reserves the right to negotiate an agreement with the selected farm lessee based on fair and reasonable compensation for the scope requested as well as the right to reject any and all responses deemed unqualified, unsatisfactory or inappropriate. CITY OF CANTON REQUEST FOR PROPOSAL FORM FOR LEASE OF CITY-OWNED FARM GROUND Farm Lessee Name: 1171 4-77 o inta.kS tris V\n\\Ii\alkBusiness Name: I Tft 'Rl}rr Address: \007 01 a �S l City, State, Zip: i 61 °- Phone Number: — '13 9 ~e3118 April 1St,2021 —March Pt,2023 Farm Lease: Approximately 47 acres of farmland and 7 acres of hay $ � �G) U© Annual Lease Payment Request for proposals should be directed to: Diana Pavley-Rock, City Clerk 2 North Main Street Canton,Illinois 61520 Proposals must be received by 10:00a.m., March 29th, 2021 The City reserves the right to negotiate an agreement with the selected farm lessee based on fair and reasonable compensation for the scope requested as well as the right to reject any and all responses deemed unqualified, unsatisfactory or inappropriate. CITY OF CANTON REQUEST FOR PROPOSAL FORM FOR LEASE OF CITY-OWNED FARM GROUND Farm Lessee Name: nyi ,i A. /yl' 7 Business Name: /111'617`5 rq 5' Address: l 77 S" ,W h (AZt& cemeler7 City, State,Zip: [pA,f,-(7wn ( )/ / 6/5y2 Phone Number: (a1) Co'S— h6Lf April 1st,2021 —March 1St,2023 Farm Lease: Approximately 47 acres of farmland and 7 acres of hay $ 1 30 Annual Lease Payment Request for proposals should be directed to: Diana Pavley-Rock, City Clerk 2 North Main Street Canton,Illinois 61520 Proposals must be received by 10:00a.m., March 29`h, 2021