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HomeMy Public PortalAbout063-2013 - Metro - Tom Hutchings - Sublease of Farm groundSUBLEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the ECONOMIC DEVELOPMENT CORPORATION OF WAYNE COUNTY, INDIANA, an Indiana nonprofit corporation, hereinafter referred to as "Landlord", and TOM HUTCHINGS, of 2076 Abington Pike, Richmond, Indiana 47374, an individual, hereinafter referred to as "Tenant". '1�' 1LQ .*i*6 WHEREAS, the City of Richmond, Indiana is the Owner of certain real estate consisting of approximately 244.60 tillable acres within its corporate boundaries, contained within the real estate described in Exhibit A attached hereto; and WHEREAS, the Landlord has leased said real estate from the City of Richmond, Indiana pursuant to a written lease agreement dated December 18, 1998 for the purpose of developing an industrial park, which lease has been amended and extended to and including December 31, 2018; and WHEREAS, said lease agreement grants to Landlord the right to sublease part or all of the demised premises, subject to the approval of the Owner; and WHEREAS, Landlord desires to sublease the tillable acreage of said real estate subject to its right to develop an industrial park; and WHEREAS, Tenant desires to rent the tillable acreage of said real estate for agricultural purposes, subject to Landlord's right to develop an industrial park, NOW, THEREFORE, the parties mutually agree as follows: i . The Landlord subleases to Tenant the tillable acreage of said real estate, consisting of approximately 244.60 tillable acres contained within the real estate described in Exhibit A, being 104.72 acres shown as Tracts 1, 3, 4, 5, 8, 10, 14, 15 and 18 on Exhibit B-1, and 140.53 acres out of Tract 1 shown on Exhibit B-2, which sublease is subject to approval of the Owner acting by and through its Board of Public Works and Safety and subject to Landlord's right to develop the real estate as more fully set out below. The tillable acreage recited in this C�1�9, 493 a013 paragraph is the best estimate of the parties. The acreage and the rent due thereon are subject to adjustment based upon more accurate data which shall be mutually acceptable to the parties. Any adjustment in the acreage shall be reduced to writing, signed by the parties and attached as an addendum to this sublease. Any adjustment of the tillable acreage shall be taken into account and reflected in the second installment of rent, and payable on or before the 15`h day of December of each lease year. 2. The term of the sublease shall be for four (4) crop years beginning with the 2013 crop year and running to and through December 31, 2016. 3. The Tenant shall pay Landlord rent for the tillable acreage at the rate of $160.25 per tillable acre per year. One-half of the rent shall be paid to Landlord on or before March 15th of each calendar year (the first installment of rent shall be paid upon execution of this sublease agreement) and the balance of the rent shall be paid to Landlord on or before December 15th of each calendar year. The amount of rent shall be adjusted to take into account any acreage withdrawn from the sublease by Landlord in the manner set out below. Landlord reserves the right to withdraw tillable acreage from the terms of this sublease for purposes of preparing and developing an industrial park upon sixty (60) days written notice to Tenant. Tenant shall be compensated for any damage as set out below. In the event that Landlord shall withdraw more than 100 tillable acres from the terms of the sublease, Tenant shall have the right to terminate this sublease agreement for subsequent calendar years within fifteen (15) days after receipt of notice of Landlord's withdrawal of acreage from the sublease resulting in a cumulative withdrawal of more than 100 acres. Landlord reserves the right to enter upon the leased premises for the purpose of making inspections, surveys, and performing other engineering tasks. In the event that Tenant suffers crop damage as a result of such inspections, surveys, or engineering tasks, Tenant shall receive a credit against his December 15th rent payment in an amount equivalent to prorated 2 rent, materials and equipment operation for the damage to crops occurring before July 15th of any calendar year; for all crop damage or withdrawal of acreage occurring after July 15th, Tenant shall receive a credit against his December 15th rent payment in an amount based upon the following formula: "Damaged or lost acreage x average yield of same crop on balance of real estate x Tenant's contract market price." 4. Tenant covenants and agrees as follows: A. To use the real estate for the sowing, cultivation and harvesting of crops and other related agricultural activities. B. To farm the real estate in a husbandman -like manner. C. To harvest and remove all crops in due season. D. To furnish all equipment and labor and pay all costs of seed, fertilizer, harvesting, drying and selling crops on the real estate. E. To destroy all noxious weeds and nuisances in compliance with state law. F. To commit no waste or damage on the real estate and to permit none to be done. Tenant shall observe all environmental laws and regulations in the storing and disposing of fertilizers, products, chemicals and petroleum. Tenant agrees to indemnify and hold harmless Landlord from any liability resulting from the discharge, disposal, seepage or leak of any toxic chemical, including fertilizers, on the premises, and from any violation of any environmental law or regulation that occurs during the term of this sublease, from any liability arising out of personal injury or damage to property resulting from the acts or omissions of Tenant, his employees, agents or assigns. Tenant shall provide written evidence of liability insurance covering damage to property and personal injury arising out of his farming operations. G. To keep in good repair all terraces, open ditches, inlets and outlets of tile drains, preserve all established water courses, and refrain from any operation or practice that will injure them. 3 H. To pay all costs and expenses, including reasonable attorney's fees, incurred by Landlord in connection with any action or litigation necessary or expedient in the enforcing of any of the provisions or conditions of this sublease. I. To yield up the premises to Landlord upon termination of the sublease, without notice. 5. Landlord covenants and agrees as follows: A. Subject to the approval of the City of Richmond, Indiana by and through its Board of Public Works and Safety, and subject to Landlord's right to go upon the premises for the purposes of developing an industrial park and to withdraw acreage from same, that Tenant shall peaceably hold and enjoy the leased real estate during the term of the sublease. B. To pay or cause to be paid all property taxes and assessments levied against the real estate. C. To procure the assignment of Government Product Flexibility & Low Deficiency Payments from the Farm Service Agency to Tenant. 6. This sublease shall be binding upon the heirs, successors and assigns of the respective parties. 7. This agreement supersedes all prior agreements, oral and written, among the parties hereto with respect to the subject matter hereunder. $_ 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 instrument. 9. This agreement shall be construed and enforced pursuant to the laws of the State of Indiana. 0 IN WITNESS WHEREOF, the respective parties have caused this agreement to be executed on the dates shown below. TENANT: Date: 1-2 13 By o Tom Hutchings LANDLORD: ���Z�T���)TC�al-rlol�l��I���T�■iifl�[K�) �����_: _ -[���■ OF WAYNE COUNTY, INDIANA Date: & — �7-13 By h Valerie Shaffer, President APPROVED BY OWNER: CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety Date: By ��ZGc Mi� Vicki Robinson, President APPROVED BY MAYOR: Date: By Sally Hutton, r 5 DESCRIPTION For Layne County Economic Development Corporation 230.420 Acre Tract (North of Railroad) Situated in the Southeast and Southwest Quarters of Section Three (03), and the Northeast and Northwest Quarters of Section Ten (10), all in Township Sixteen (16) North, Range Fourteen (14) East, Center Township, City of Richmond, Wayne County, Indiana., including parts of a 53.79 acre tract, 'a 30.00 acre tract, all of a 3R.19 acre tract 'as described in Deed Records Volume 136, Page 451, part or an 87.00 acre tract described in Deed Records Volume 150, Page 5Gtl, all of a 10.41 acre tract described in Deed Records Volume 173, Page 420, part of a lracl.described in Deed Records Volume 137, Page 337, and part of a 110 acre tract and a 40 acre- tract. described in Court Order Book'M , Page 67, and parl'of a tract described in Deed Records Volume 152,.Page 43 In'the office of the Wayne County Recorder's Office, being more particularly described as fotlows: Commencing at a P.K. nail found it the southwest corner of said Southwest Quarter, in Round darn Road; thence North 000 26'5G" Nest 9.03 feet along Southwest Quarter, in the west line of said uay of the Norfolk said road, to a & Western Railroad, point on. the north right--of- the centerline of the existing main 30.00 track, feet perpendicular to said point being. the TRUE POINT OF BEGINNING iron for the tract herein described, witness pin set South an 630 22' 35" Fast 33.92 feel; thence continuing North 00° 26' 56" West 723,45 feet along the west line of said Southwest Quarter, in said road, to a railroad spike s e L ; thence North 890 33' 04" East 14.90 feet to a point; alr► .og a new .division line, thence access North 77° 04' 29" East 537.42 feet along the right-of-way of interstate 70, to a south limited steel corner post found; thence to a steed North 720 OT' corner 00" }rssl found; 81.73 feel along said right-of-way, post thence to,97 an North 720 15' iron pin set, 32" East in 13 feel along said right-of-way, an existing fence; thence 0.142 South 120 01' were tract described 50" East 64.00 feet along -the west line of, n an iron pin set.; in'Deed Records Volt►.me 292, Page 3G3, to EXHIBIT A Part I Wayne County 238.420 Acre Tract Page 2 of 4 thence North 770 58' 10" Gast 90.00 feet along the south line of said 0,142 acre tract, to an iron pin self thence North 120 O1' 50" West 73.00 feel along the east 1 ine of said 0.142 acre tract, to an iron pin -let in a fence; thence North 72° 15' 0" East 17.20 feet along said right -of - way, to,a steel,corner post found; thence North 770 49' 50" East 31.91 feel along said right-of-way, to a steel corner post found; thence. North 77° 38" 02" East 1563.35 feet along said right-of-way, to R steel corner post found; thence North 820 34' 15" EasL 1054:21 feet along said right--of--way., entering into said Southeast Quarter, to a'steel corner post found; thence South 30 00' 49" East 232,06 feel along said right-of-way, to a'sleel corner post found; thence North.770 30: 34" East 409.14 feet along said right -of --way, to a steel corner post found; thence North 02° 23, 53" to a steel corner East 204.75 feel along Said right-of-way, post found; thence north to a sleet corner 070 37' 14" post East found; 405.61 feet along said right-of-way, thence North to a Point, 77° 42' 34" witness an Fast iron 510,6q feet along said right-of-wa.y, .feel; pin found South 020 45' 45" Cast 0,56 thence South 020 4Y 45" East 378.80 reel along till -west line of a 4.456 Acre tract described in Deed Records Volume 417, Gage 42, to an iron pipe found; thence North BE3° 18' 19" East 452.24 feel along the south line of said 4.456 acre tract, to an iron pipe found; thence South 040 59' 24" East 240.05 feel along the south right-of- way of interstate 70, to an iron lain set; thence North Ono 21' 13" Enst 20.50 feel along Q new division line, to a railroad spike set; Wayne County 230.420 Acre Tract Page 3 of 4 thence South 010 38' 47" least 1122.86 feel along the east live of said Southeast Quarter, in Salisbury Road, to a copperweld monument found at the southeast corner of said Southeast Quarter; thence South 890 2G' 53" West 1756.12 feel along the south line of said Southeast Quarter, also being the north lines .of a 1.090 acre tract described in Deed Records Volume 477, Page 082, and a 50.175 acre tract described in Deed Records Volume 436, Page 12, to a point, witness a carriage boll found South 000 27' 12" Cast 1.59 feet;. thence South 000 27' 12".East 1244.04 feel along- the west line of said 50.175 acre tracti entering into said Northeast Quarter of Section 10, to an iron fain found; thence North B06 said 50.175 06' 23" Casl G03.90 feel along the south line of acre acre tract -to tract, also being the north line of said 10.41 an South 000 00' 10" iron pin set, witness a wood corner post found West 3:20 feel; thence South 00° said 10.41 05' 25" East 615.11 feel along the east line or acre tract described in tract, also being the west line of a 14.251 acre Deed Records found; Volume 400, Page 404, to a gas pipe 1thence South OoO said 10.41 11' 50" West 307.OG feet along the east line of acre tract described tract, also being the west line of a 4.00 acre in Deed Records Volume 367, Page 5G, and the west line of a 4.00 acre tract described Page 470, to an in. Deed Records Volume 404, iron pin sel, witness North Goo 00' 00" a wood corner post found Cast 2.3 feet; thence North 630 22'.35" West 4157.73,reel along the north right- of-way of the Norfolk &Western Railroad, MOO feet perpendicular to the centerline of the exiatin.g main rack Northwest , entering into said punrler of Section 10 containing 230.420 acres, more or less{� be�iing G5.031 less, in the Southwest acres�gmoreSouthwesOr t less, Quarter of Section 03, t15.574 acres, more or in the Southeast Quarter of Section 03, 44.020 neres,'more or less, in the Northwest Quarter of Seclion 10, and 43.707 acres, more or Iess, in the Northeast q"arter of Sec lion t 10, to the legal right-of-way or the pubilc roads, the legal rigltit-nbeing siiujec way of the O'Brien Ditch anti any legal easement of Record. Wayne County 230.420 Acre 'Tract Page A of 4 Bearings for the above description are based upon the State Plane Coordinate System, per Wayne Co►►nty Global Positioning Monuments GPS 0014 , and GPS 0015. Iron pins set in the above description are .5/8 inch by 30 inch reinforcing rod, with aluminum cap stamped "Kramer, Eaton, Richmond". Surveyed and prepared by Douglas K. Kramer, Registered Surveyor 4SO413 on April 4, 1996, as shown ❑n Drawing C--150, by Kramer & Associates, Eaton, Ohio and Richmond, Indiana. YlLRMECOOMCIN III For Wayne County Economic Development Corporation 144- 523 Acre Tract (South of R ' Situated in the Northwest and Northeast Quarters of Section Ten (10), Township Sixteen (16) North, Range fourteen (14) East, Center Township, City of Richmond, Wayne County, Indiana, including parts OF a 14.52 acre tract described in Deed Records Volume 137, Page 191, part of 110 acre tract and a 40 acre tract described in Court Order Book 58, Page 67, a tract described in Deed Records Volume 137., Page 337, and including all of a 0.13 acre tract described in Deed Records Volume 173, Page 420, in. the office of tine Wayne County Recorder, being more particularly described as follows% Beginning at an iron pin found at the southwest corner of said Northwest Quarter, - in the intersection of Gaar Jackson Road and hound Barn Road; thence North 000 51, 5G" West 2597-67 feet along the west line of said Northwest Quarter, in Mound Barn Road, to a railroad spike set; thence South 630.22' 35" East 45G0.52 feel along the south right- of-way of the Norfolk and Western Railroad 3o.00 feel perpendicular to the centerline of the existing main track, entering into said Northeast Quarter, to an iron pin set; thence South 00" 43' 11" East 509.34 feel along the west line of a 4.73 acre tract described in Instrument Number 1996001931. to an iron pipe found; thence South 894 25' 311" West 1337.59 feet along the south line of said Northeast Quarter, in Gaar Jackson Road, to a coPperweld monument found at the southwest corner of said Northeast Quarter; thence South ©9, 25, 16" West 2713.89 feet along the south line of said Northwest Quarter, in Gaar Jackson Road, to beginning, Containing 144 523 acres•, more on less, been lig of acres, more or less, in the Northwest g IIlI.558 being 25.965 acres more Quarter of Section 10, and, Seclian 10, being .subject for theslegatl rightn the -of-way Quarter of roads, the legal right -of -wa y public granted to Richmond Power -way the'O'Brien Ditch, an easement bight, peed Records Volume 475, Page 273, and any other legal easements of record. EXHIBIT A Part IT Wayne County 144.52,3 Acre Tract Page 2 of 2. Qear,ings for the above description are based upon the State. Plane Coordinate System per Wayne -Coun'tyGlobal Positioning Monuments GPS 0014, and GPS 0015. Iron pins set in the above description are 5/8 inch by 30 inch reinforcing rod, with aluminum cap stamped "Kramer, Eaton, Richmond". Surveyed and prepared by Douglas, Kramer, Registered Surveyor #50413 on April 4, 1996, as shown on Drawing E-150, by Kramer Associates, Futon, Ohio and Richmond, "Indiana. Y11.Yi UCTICOMY III w,T. .} -+ 91 QK is I Too I U I I .y I 3 rrype [l f U (t,7 k a f a r i Y E t M r k.A '✓i . - ¢ i -O o � �4.r 3F% 4.?�i6 � fil-�,$3".i 3' aS ,� •� �r.7 ci'-� �1 eAl Q- a o Uy g y € 9 3a a ; " ' rye`+ �i �A Lb Q LU f 8� "R V r.ip6.d'E �� �'� 3�aF-86 Y � � it 16'E 1 6�i 3 ' � _ y � t"' •� #.AS .-t nil; U MIN e, S t 3y } Y r CVq 00 r � Mum Sdmow Now I x F 00 <� .t m4% �r€�� ^[M'7 ..0 ART AfZ1' etl iy EXHIBIT B-1 EXHIBIT B-2