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HomeMy WebLinkAboutResolution #4026 - lease agreement with andrew stuckey RESOLUTION NO. A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF CANTON AND ANDREW STUCKEY. WHEREAS, the City of Canton, Illinois, has vacant, surplus property located northwest of 20"' Avenue and Sebree Road, Canton, IL; and WHEREAS, Andrew Stuckey desires to lease these approximately 53 acres for farming; and WAEREAS, 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 E~chibit 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 Agreement between the City of Canton and Andrew Stuckey, 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 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 realize the real estate leasing. 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 ~ day of May, 2013, upon a roll call vote as follows: ~ 'l I~ C'~ ~ l T--~r. tZ, ~l l~ S, /~G c-~SG ~ AYES: ~ ~~crn~1 c~i i~-K< ~7~~+~c ~~d~ V~~ ~c_ q~S ~~"S . ~ NAYS: ~ ~ ABSENT: /~~r~~ APPROV . Kev n R. Meade, Mayor ATT ST: ~ Diana Pavley, City Cle LEASE THIS AGREEMENT is made and entered into this 7th day of May, 2013, by and between the City of Canton, Illinois, a municipal corporation, (hereinafter referred to as the "Lessor"), and Andrew Stuckey (hereinafter referred to as the "Lessee"), and the parties agree as follows: 1.) In consideration of the mutual covenants and agreement 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 approximatelv 64.498 acres, more or less, (approximately 53 acres are tillable and approximately 11.498 acres are for hay) located northwest of 20~' Avenue and Sebree Road, Canton, Illinois. 2.) The term of this Lease shall be two (2) years and commence on April l, 2013, and end on March 31, 2015. 3.) Lessee agrees to pay to Lessor, as rent for the above Premises, a total of $7,950.00 cash rent per year. One-ha1f, or $3,975.00, shall be paid on May 1 St of each yeaz and the remaining one-ha1f, or $3,975.00, sha11 be paid on December 15~' 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 sha11 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 a11 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 sha11 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. T'he Lessor shall not be liable for the value of any unplanted crops. Lessor sha11 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 aze 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-treahnent 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 a11 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. 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 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. K. At the termination of the Lease, Lessee shall deliver up the premises in as good condition as when the Lease commenced, ordinary weaz 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 sha11 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 taaces that may become due after the da.te of this Lease shall be paid by the Lessee. Executed at Canton, Illinois, on this / day of , 2013. ~ ~ ~-~i~ / Andrew Stuckey CITY OF CANTO1~Illinois, Lessor ~ / ~ yor A EST: ' a Pavley, ity C rk