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HomeMy WebLinkAboutLease Agreement 04-02-08LEASE AGREEMENT THIS LEASE AGREEMENT is entered into on this `~ day of ~'~~~-k-' , 2008 by and between the CITY OF CANTON (hereinafter "Lessor"), an Illinois Municipal Corporation duly organized and existing under and by virtue of the laws of the State of Illinois, and authorized to transact business in the State where the following described real estate is located and MICHAEL KRULAC (hereinafter "Lessee), an individual authorized to transact business in the State of Illinois. WHEREAS, the Lessor is the owner of the Property hereinafter described; and WHEREAS, Lessee desires to rent said Property subject to the rights of the Lessor hereinafter set forth; WHEREAS, on February 19, 2008 the City Council of the City of Canton voted in favor of entering into Lease Agreement and in support thereof selected Method 2 as the choice for determining any applicable rent payment due; and NOW, THEREFORE, Lessor, for and in consideration of the covenants and agreements herein after described ,the Lessor rents and leases to the Lessee, to occupy and to use for agricultural purposes only, the following described real estate located in the Township of Canton, County of Fulton, State of Illinois, to wit (hereinafter "the Property" or "Property"): 1. Description of Land. Approximately 40.24 acres of tillable cropland (based on GPS maps provided by Lessee) located in part of Section 24, all in T. 7N, R. 4 E. of Fulton County, Illinois, more commonly known as "Zink" Farm or "Kilroy" Farm. 2. Length of Tenure/Termination. The term of this lease shall be from the 1 S` day of March, 2008 to the 31St day of December, 2008, and the Lessee shall surrender possession at the end of the term. The lease may be terminated, at any time, by either party, by serving a written notice at least four months prior to the effective termination date. Termination may also be made for default pursuant to the terms of Section 8 below. 3. Amendments and Alterations. Amendments and alterations to this lease may be made in writing at the end of this lease as addendums at any time by mutual agreement. If the parties fail to agree on proposed alterations, the existing provisions of the lease shall control operations. 4. Amount of Rent. At the election of the Lessor rent will be determine by one of the following methods: a. Method 1: In consideration of leasing said Property; Lessee agrees to pay Lessor the sum of fifteen thousand one hundred fifty-eight dollars and 00/100 ($15.158.00). This representscres of tillable cropland at $212.00' per acre. Payment will be in the followtn~ manne ~,~~; a~ ~ ' Source: Illinois Society of Professional Farm Managers and Rural Appraisers: Expected Cash Rent in 2008 1 i. The first payment of seven thousand five hundred seventy nine dollars and 00/100 ($7,579.00) is due on or before March 15, 2008. ii. The second payment of seven thousand five hundred seventy nine dollars and 00/100 ($7,579.00) is due on or before November 30, 2008. iii. Late payments are subject to a nine percent (9.0%) annual charge on the unpaid balance. b. Method 2: In consideration of leasing said Property; Lessee agrees to provide the following "in-kind" services to the Property: i. Mow all fields to tree lines or fence lines around all fields at least once per month during the growing season. ii. Mow all roadways throughout the Property to wood lines at least once per month during the growing season. iii. Cycle bar cutting of any areas where rock prevents mower travel at least once per month throughout the growing season. iv. Mow all "bottom" fields at least once per month during the growing season. v. Mow all grounds within fenced area, all levels, and all roadway and cycling areas at the East Side Wastewater Treatment Plant at least twice per month during the growing season. vi. Mow the shooting range area and shooting wall at least twice per month or more often as necessary to keep growth at a maximum of four (4") inches during the growing season. vii. Mow all holding ponds at the East Side Wastewater Treatment Plant, when dry, but not more than twice per month during the growing season. 5. Lessor's Investment and Expenses. In return for the rent payments outlined in Section 4, Lessor agrees to rent, demise and to lease to the Lessee for agricultural purposes only the above-described Property. 6. Lessee's Investment and Expenses. The Lessee agrees to pay the items of expense listed below: a. To furnish all machinery, equipment, power, labor, fuel, power, seed, fertilizer and chemicals necessary to farm premises Properly. 2 b. To furnish all machinery, equipment, power, labor, fuel, power, and chemicals necessary to execute all in-kind services outlined in Section 4(b) (Amount of Rent - Method 2) above, if Method 2 is the method of payment selected by Lessor. 7. Lessee's Duties in Operating Farm. The Lessee further agrees to perform and carry out the stipulations below: a. Activities required: To report to the City of Canton, via written notice, crops and yields by December 31, 2008. ii. To cultivate the farm faithfully and in a timely, thorough, and businesslike manner. iii. To prevent noxious weeks from going to seed on said premises and to destroy the same and keep the weeds and grass cut. iv. To take proper care of all trees, vines, and shrubs, and to prevent injury to the same. v. To prevent any unnecessary waste or damage to the Property and to inform Lessor of any problems as soon as practicable after being discovered. vi. Not to store any crops or equipment on the premises except that which may be necessary while conducting normal farming operations or to allow for execution of this agreement. vii. To comply with pollution control and environmental protection requirements, and to implement soil erosion control practices to comply with the soil loss standards mandated by the State. viii. To use prudence and care in transporting, storing, handling, and applying all fertilizers, pesticides, herbicides and other chemicals and similar substances, and to read and follow instructions on the labels for such materials in order to avoid injury or damage to persons or Property or both on the leased premises and adjoining areas. ix. Any chemicals for weed or insect control or other use, when used, should be applied at levels not to exceed the manufacturer's recommendation for the soil types involved. x. No chemicals will be stored on the Property. 3 b. Restricted Activities. The Lessee further agrees, unless the written consent of the Lessor has been obtained: i. Not to assign this lease to any person or persons or sublet any part of the premises herein leased. ii. Not to erect or permit to be erected any structure or building or to incur any expenses to the Lessor for such purposes. iii. Not to permit, encourage, or invite other persons to use any part or all of this Property, for any purpose or activity not directly related to its use for agricultural production. iv. Not to plow permanent pasture or meadowland. v. Not to allow any stock on any tillable land except by agreement. vi. Not to burn or remove cornstalks, straw or other crop residues grown upon the farm. vii. Not to cut live trees for sale purposes or personal uses. viii. Not to erect or permit to be erected any commercial advertising signs on the farm. 8. Termination upon Default. If either party fails to carry out substantially the terms of this lease in due and proper time, the lease may be terminated by the other party by serving a written notice citing the instance(s) of default and specifying a termination date of thirty (30) days from the date of such notice. Settlement shall then be made in accordance with the provisions of Section 10, below. 9. Yielding possession. The Lessee agrees at the expiration or termination of this lease to yield possession of the Property to the Lessor without further demand or notice, in as good order and condition as when they were entered upon by the Lessee, loss by fire, flood, or tornado, and ordinary wear excepted. If the Lessee fails to yield possession, the Lessee shall pay the Lessor a penalty of one hundred dollars ($100.00) per day or the statutory double rent, whichever is less, for each day he or she remains in possession thereafter, in addition to any damages caused by the Lessee to the Lessor's land or improvements, and said payments shall not entitled the Lessee to any interest of any kind or character in or on the premises. 10. Lessor's lien. The Lessor's lien provided by law on crops grown or growing shall be the security for the rent herein specified and for the faithful performance of the terms of the lease, regardless of the Method chosen to satisfy said rent. If the Lessee fails to pay the 4 rent due all costs and attorneys fees of the Lessor in enforcing collection or performance shall be added to and become a part of the obligations payable by said Lessee. 11. Mineral rights. Nothing in this lease shall confer upon the Lessee any right to minerals underlying the land. Such mineral rights are hereby reserved by the Lessor 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, powerlines, and structures as may be necessary or convenient for the above purpose. The Lessor agrees to reimburse the Lessee for any actual damage the Lessee may suffer for crops destroyed by these activities and to release the Lessee from obligation to continue farming this Property when development of mineral resources interferes materially with the Lessee's opportunity to make a satisfactory return. 12. Lessor liability. The Lessee takes possession of the leased premises subject to the hazards of operating a farm, and assumes all risk of accidents personally as well as for family, employees, or agents in pursuance of farming operations. 13. Insurance. To maintain bodily injury and Property manage insurance with a responsible company in the amount of not less than one million dollars ($1,000,000.00) for injury to any one person and one million dollars ($1,000,000.00) for Property damage covering Lessee's activities on and during the use of the Property. This insurance must include the City of Canton as an additional insured. Within fifteen (15) days of execution of this agreement, the Lessee will provide the Lessor with a certificate of insurance establishing that coverage is in force. 14. Indemnity. Lessee agrees to Hold Lessor harmless and indemnify it from all injuries occurring on said premises during the term of this least and to further indemnify and hold Lessor harmless from any actions, including, but not limited to, any environmental liabilities which may be brought against Lessor as a result of Lessee's utilization of said Property, including all expenses, engineering and attorneys' fees incurred by Lessor in defending the same, excluding, however, direct negligent acts of the Lessor, its agents or assigns, and further provided that the Lessee agrees to reimburse or pay and discharge all costs and attorney's fees and expenses that might arise from or be related to the condition of the leased premises or acts or accidents occurring on the leased premises. 15. Lessor's right of entry. Lessor reserves onto itself, its contractors, agents, designees and assigns, to enter the premises in connection with its own purposes. 16. Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be delivered personally, by overnight air express service or by registered or certified mail, postage prepaid, return receipt requested, addressed to the parties hereto at their respective addresses set forth below. Such notice or other communication shall be deemed given (a) upon receipt or upon refusal to accept delivery if delivered personally, and (b) one (1) business day after tendering to an overnight air express service; and (c) seven (7) business days after mailing if by registered or certified mail. To the Lessee: City of Canton Attn: Mayor 2 N. Main Street Canton, Illinois 61520 With a Copy To: City of Canton Attn: City Attorney 2 N. Main Street Canton, Illinois 61520 With a Copy to: City of Canton Attn: Wastewater Treatment Plant Superintendent 2 N. Main Street Canton, Illinois 61520 To Lessor: Michael Krulac 72 Redwood Circle Canton, Illinois 61520 Notice of change of address shall be given by written notice in the manner detailed in this section. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter, and supersedes all prior representations, negotiations and understandings. 18. Assignment. Lessee may not assign its rights or delegate its duties under this Lease agreement. 19. Severability. The invalidity or unenforceability of any portion or provision of this Lease agreement shall in no way affect the validity or enforceability of any other portion or provision hereof. Any invalid or unenforceable provision shall be deemed severed from the Agreement and the balance of the Lease agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be invalid or unenforceable. 20. Captions Governing Law. The captions in this Agreement are for purposes of convenience only; in no event shall they be deemed to limit, extend, expand or modify or to aid in the interpretation of the text of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 6 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above. LE R: By: City Canton LESSEE: By: Michael Krula