HomeMy Public PortalAboutORD14963 BILL NO. 2012-9
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH LEON AND
TEDDY HELLEBUSCH FOR THE PURPOSE OF FARMING CITY-OWNED PROPERTY
AT CORTEZ AND NO MORE VICTIMS ROAD.
WHEREAS, Leon and Teddy Hellebusch have become the apparent highest and best
offer for farming of City-owned property,
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid submitted by Leon and Teddy Hellebusch is declared to be the
highest and best offer and is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute a lease
agreement with Leon and Teddy Hellebusch for the farming of City-owned property at
Cortez and No More Victims Road.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed: ,
Approved: _-
°-- Y esi 'ng Officer 7AS r ATT EST: APPROVE0 FORM:
e
diCyy Clerk) `'� C* Counselor
Exhibit
LEGAL DESCRIPTION
E cinent Description for Agricultural Purposes
Part of Tract 04 of a Plat of Subdivision,Ewing Farm as per Plat of Record in Plat Book
1, Page 69 Cole County Recorders Office, Being Situated in the U.S. Private Survey No.
2616, Townahip 44 North, Range 10 Test, Cole County,Missouri, more particularly
described as follows:
From the northeast comer of the Northeast Fractional Quitter of Section 20, Township
44 forth, Range 10 West; thence S2de 22'44"W, along the Quaner Section trine,
2327.95 feet to a paint on the northerly lane of the Missotai Pacific Railroad Right-of-
way; thence Westerly, along the northerly line of said Railroad Right-of-way, the
following courses: 552degrees 57'12"W, 100.14 feet; thence Westerly, on a curve to the
right, having a radius of 1 535.53 feet, an arc distance of 1057.19 feet, (the cord of said
curve being 569degrees27'12"W, 1042.64 feet); thence S97de 26'42"W, 145.56
feet; thence S8 8degrew I 0'42"W, 58 1.10 feet;thence SO I degrees49'1 S"E, 35.00 feet;
thence 988degreesl0'42"W, 1465.03 feet;thence leaving the aforesaid Railroad Right-
of-way line N07de 50'42"W, 203.40 feet,thence NSgde 14'34'% 250,00 Feet to
the POINT OF BEGINNING for this description; thence N88degrees 14'34"E, 798.68
fact, thence N07de 57'36"W, 600.95 &A thence S73de eal3'34"W, 1054.33 feet,
thence 507de aa0'42"E, 74.69 fees, thence N88degrreesl4'3V E, 276.66 feet, thence
501 degrees45126"E, 250.00 feet to the POINT GP BEGINNING.
Containing 9.58 As.
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT. Q1352 - -Farm Lease—Cortez and No More Victims Road
Wastewater- Opened April 12, 2012
BIDS RECEIVED: Year One Five Year Total
Leon and Teddy Hellebusch, Marthasville, MO $ 1,854.00 $ 9,270.00
(Years 2, 3, 4, and 5 list $1,854.00 each year)
Kerperin Farms, LLC, Jefferson City, MO $ 900.00 $ 4,500.00
(Years 2, 3, 4, and 5 list$900.00 each year)
Fourteen other individuals/firms were sent the request.
FISCAL NOTE:
Payments will be made to the City in the amount of$1,854.00 per year.
PAST PERFORMANCE:
Leon and Teddy Hellebusch were awarded a farming lease for Parks &Recreation
property in Callaway County and have met the requirements of that lease.
RECOMMENDATION:
Staff recommends award of the farming lease of the property Iocated at Cortez and No
More Victims Road to Leon and Teddy Hellebusch of Marthasville, Missouri in an
amount of $1,854.00 for year one. The lease agreement may be renewed for up to four
additional one year periods at the same rates for each year.
ATTACHMENTS - SUPPORTING DOCUMENTATION
i Signature
Purchasi g ant Direct V of Public Works
City of JeffiverSon w Eric J. Struemph, Mayor
Department of Public Works Roger Schwartz,P.E., Director
320 E.McCarty St Phone:573-634-6410
Jefferson City,MO 65101 Fax: 573-634-6562
Date: April 16, 2012
To: Terry Stephenson, Director of Purchasing
Through: Roger Schwartze, P.E., Director of Public Works
From: Eric Seaman, P.E., Wastewater Division Director
RE: Bid recommendation for Algoa Farm Lease
Public Works has completed a review of the bids provided for the 9 acre field around the
Algoa treatment facility.
The high bidder, Leon and Teddy Hellebusch have farmed City property in the past and
they fulfilled proper obligations as rentors.
We recommend award to the Hellebusch's for the current year and renewals to match
the 5 year bid.
C:1UsersltstephensonlAppDatalLocallMicrosofllWindowslTemporary Internet FileslContent.out1ooMHE5PMVXRImemo to
purchasing-farm rental.docx
City of Jefferson, Missouri
Tabulation of Bids
Quotation Number 1352
Date: April 12, 2012
Subject: Lease of Farmland/Cortez/NM Victims Teddy& Leon Hellebusch Kerperin Farms LLC
Dept: CSM Marthasville MO Jefferson City MO
PPjGE 1
ITEM Est, Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price
Cortez and No More Victims Rd. Property
Lease
YEAR ONE (Approximate) 9 acres)
Lump sum $1,854.00 $900.00
OPTION FOR RENEWAL-Year Two
Lump sum $1,854.00 $900.00
OPTION FOR RENEWAL-Year Three
Lump sum $1,854.00 $900.00
OPTION FOR RENEWAL -Year Four
Lump sum $1,854.00 $900.00
OPTION FOR RENEWAL-Year Five
Lump sum $1,854.00 $900.00
Total amount all five years $9,270.00 $4,500.00
CITY OF JEFFERSON
AGRICULTURAL LEASE AGREEMENT
THIS LEASE AGREEMENT, executed this � ay of May, 2012, by and between the City of
Jefferson, Missouri, a municipal corporation, hereinafter referred to as "Lessor," and Leon
Hellebusch & Teddy Hellebusch, hereinafter referred to as "Lessee."
WITNESSETH:
THAT WHEREAS, Lessor has this day leased unto Lessee the following described property,
situated in the County of Cole, State of Missouri, to-wit:
See Exh,ibi,t A
NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the
Lessor and the Lessee:
1. Lease Period.
The initial period of this Lease shall be effective from the May 1, 2012, through December 31, 2012.
With the consent of both parties, this contract may be extended for five (5) additional one (1) year
periods commencing on the January 1, 2013, through December 31, 2016.
2. Notice of Termination of Agreement.
Lessee shall inform Lessor of its desire to extend this lease by November 1" of each year for each one
(1)year option.
3. Rental.
The Lessee, in consideration of the leasing of the above described premises, hereby covenants and
agrees with the Lessor to pay the Lessor as rent for said premises the price of One Thousand Eight
Hundred Fifty-Four Dollars($1,55=4.00)for property described in Exhibit A. Such rental is due and
payable on or before December 31 of each year.
d. Expenses.
Lessee shall provide and pay for all items and expenses involved in planting andharvesting the crops.
5. Harvesting and Removal of Crops.
All crops shall be harvested and removed prior to December 31 of any year which is a termination
anniversary of the lease,unless other specific arrangements are made in writingbetween the parties.
G. Right to Reclaim Acreage.
It is understood that the City of Jefferson has the right to reclaim any part of the acreage should it
be needed.
7. Operation of Equipment.
No farm machinery or vehicles of any kind are to be left unattended or overnight.
USCnn�rutt Fii le�.tics.Viellclnisch-Lcuti Ag lemr -WW cnnez.%Vrd
8. Grass Control.
It is agreed that Lessee shall maintain an effective Johnson Grass Control Program.
9. Covenant to Comply with Federal Regulations.
The Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part
of the consideration hereof,does hereby covenant and agree as a covenant running with the land that:
(1)no person on the grounds of race,color,or national origin shall be excluded from participation in,
denied the benefits of,or be otherwise subjected to discrimination in the use of said facilities,(2)that
in the construction of any improvements on, over, or under such land and the furnishing of services
thereon, no person on the grounds of race, color, or national origin shall be excluded from
participation in,denied the benefits of,or otherwise be subjected to discrimination,(3)that the Lessee
shall use the premises in compliance with all other requirements imposed by or pursuant to federal,
state and local laws and regulations.
10. Insurance.
Lessee agrees that it will at all times maintain general liability insurance,with a reputable insurance
company,in the amount of$500,000. This insurance shall assure the obligation of the Lessee to save
the Lessor harmless from any and all claims for damages arising on the demised premises or
resulting as a direct or indirect consequence of the occupation and use of said demised premises.
Current copies of said insurance policy or certificate of insurance shall be furnished to the Lessor and
shall be promptly replaced upon expiration. Lessor shall be named as an additional insured on the
policy. Lessee shall save Lessor harmless from any loss,cost or damage that may arise in connection
with this lease or the use of demised premises by Lessee,or hislher agents,or employees,or any other
person using the premises.
11. Assianment and Mortgage.
Neither the demised premises nor any portion of them shall be sublet, nor shall this Iease, or any
interest in it be assigned, hypothecated or mortgaged by Lessee, and any attempted assignment,
subletting,hypothecation or mortgaging of this lease shall be of no force or effect,and shall confer no
rights upon any assignee, sublessee, mortgagee or pledgee.
In the event that Lessee shall become incompetent, bankrupt, or insolvent, or should a guardian,
trustee,or receiver be appointed to administer Lessee's business or affairs,neither this lease nor any
interest here shall become an asset of such guardian, trustee or receiver, and in the event of the
appointment,of any such guardian, trustee, or receiver, this lease shall immediately terminate and
end.
12. Default.
In the event that Lessee shall be in default of any payment of any rent or in the performance of any
of the terms or conditions agreed to be kept and performed by Lessee,then in that event,Lessor may
terminate and end this lease,immediately, and Lessor may enter upon the premises and remove all
persons and property,and Lessee shall not be entitled to any money paid or any part of that money;
in the event Lessor shall bring a legal action to enforce any of the terms of this lease, or to obtain
possession of the premises by reason of any default of Lessee, or otherwise, Lessee agrees to pay
Lessor all costs of such legal action, plus the sum of Five Hundred Dollars ($500.00).
13. Waiver.
Waiver by Lessor of any default in performance by Lessee of any of the terms, covenants, or
conditions contained here,shall not be deemed a continuing waiver of that default or any subsequent
default.
14. Compliance with Laws.
Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply
to the demised premises and their use.
U:'.Conisact i'ilesdea5�.5.He1leLusch-Leon.,�t tease-LVW Cnn �i'pd
- 2 -
15. Lessor May Enter.
Lessee agrees that Lessor,its agents or employees, may enter upon the premises at any time during
the term or any extension of it for the purpose of inspection,maintenance,digging test holes,making
surveys, taking measurements, and doing similar work necessary for the preparation of plans for
improvements on the premises, with the understanding that the work will be performed in such a
manner as to cause a minimum of interference with the use of the property by Lessee.
16. Successors in Interest.
All of the terms, covenants and conditions contained here shall continue, and bind all successors in
interest,of Lessee.
17. Lessor's Reserved Rights.
A. Lessor reserve the right further to develop or improve the area as it sees fit,
regardless of the desires or views of the Lessee, and without interference or
hindrance.
S. Lessor reserves the right to take any action it considers necessary to protect the
property, together with the right to prevent Lessee from erecting, or permitting to
be erected, any building or other structure on the property which in the opinion of
Lessor would limit the usefulness of the property.
C. It is understood and agreed that the rights granted by this agreement will not be
exercised in such a way as to interfere with or adversely affect the use, operation,
maintenance or development of the property.
D. Lessor,through its duly authorized agent,shall have at any reasonable time during
business hours the full and unrestricted right to enter the leased premises for the
purpose of inspection.
18. Paragraph Headings.
The paragraph headings contained herein are for convenience in reference and are not intended to
define or Limit the scope of any provision of this lease.
19. Notices. Consents and Approvals.
Whenever any notice or payment is required by this Lease to be made, given or transmitted to the
parties hereto,such notice or payment shall be deemed to have been given if enclosed in an envelope
with sufficient postage attached to insure delivery, and deposited in the United States mail,
addressed to:
LESSOR City of Jefferson
Office of City Counselor's Office
320 East McCarty Street
Jefferson City, MO 65101
LESSEE Leon Hellebusch &Teddy HeIlebusch
16005 Concord Hill Road
Marthasville,MO 63357
or such other place as either party shall in writing designate in the manner herein provided.
20. Successors and Assigns.
All of the terms, covenants and agreements herein contained shall be binding upon and shall inure
to the benefit of successors and assigns of the respective parties hereto.
U:%Conlracl Lend.A6 lease-WW Con=.spd 3
21. Amendments to Lease.
All amendments to this lease must be made in writing by mutual agreement to the parties, and no
oral amendments shall be in force or effect whatever.
22. Jurisdiction.
This Lease shall be governed by and construed in accordance with the laws of the State of Missouri.
23. Complete Agreement.
This covenants and agreements contained in this Lease shall be binding upon and shall inure to the
benefit of the parties ofthis Lease,their respective successors,administrators,executors andassigns.
IN TESTIMONY VBE1REOF,the parties have hereunto set their hands and seals this 2�day ofMay,
2012.
CITY OF JEFFERSON, MISSOURI LEON HELLESUSCH
Mayor itle:
ATTEST: TEDDY HELL H
City Clerk Title:
APPROVED AS TO FORM:
City Counselor
LkCantncl RI AeoLSA lclle6uscih-LconiAg l e a s e-WW Cart=.%vpd - S -
hiit
LEGAL DESCRIPTION
Easttnent®escnption for Agricultural Purposes
Part of Tract 04 of a Plat of Subdivision,Ewing Farm as per Plat of Record in Plat Book
1, Page 69 Cole County Recorders Office, Being Situated in the U.S. Private Survey No.
2616, Township 44 North, Range 10 West, Cola County,Missouri, More particularly
described as follows:
From the northeast comer of the Northeast Fractional Quarter of Section 20, Township
44 North, Range 10 West; thence S2de 22'44"W, along the Quarter Section Line,
2327.95 fbet to a point on the northerly line of the Missouri Pacific Railroad Right-of-
way; thence Westerly, along the northerly line of said Railroad Right-of-Tway, the
following courses: S52degrees 57'1 TV, 100.14 feet; thence Westerly, on a curve to the
right, having a radius of 1835.53 fact, an=distance of 1057.19 feet, (the cord of said
curve being S69degrees27112"W, 1042.64 feet); thence S57d 2642"W, 145.56
feet; thence S88degreesl0'4TV, 551.10 feet;thence S01degrees49'1 S"E, 35.00 feet;
thence SSSdegr°eesl0'42"W, 1465.03 feet;thence leaving the,aforesaid Railroad Right-
of-way lane N07de 50'42"W,203.40 feet,thence NSSde 14'34"E, 250.00 feet to
the POINT OF BEGMING for this description; thence NSgde x3434"E, 795.68
feet, dmce Wde 57'36"W, 600.95 fleet,thence Mdegmesl.31VW, 1054.33 feet,
thence S07dexrees301421T, 74.65 feet, thence N8 8degreeal41 4"E, 275.65 feet, thence
S01 de eas45'26"E, 250.00 feet to the POINT OF BEGINNING.
Containing 9.55 Acres.
CITY OF JEFFERSON
AMENDMENT TO
RENEW LEASE AGREEMENT
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, with offices at 320 East
McCarty, Jefferson City, Missouri, 65101, hereinafter designated"City," entered into a Lease
Agreement with Leon Hellebusch&Teddy Hellebusch, 1605 Concord Hill Road, Marthasville,
Missouri, 63357, hereinafter referred to as "Lessee," on May 22, 2012.
WHEREAS, the Lease Agreement was to lease property for farming purposes; and
WHEREAS, both parties wish to extend the lease for the first of five additional one-year
renewal periods as stipulated in Article 1 of the agreement dated May 22, 2012.
NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for
the first additional one-year period to end December 31, 2013.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this
day of December, 2012.
CITY OF JEFFERSON, MISSOURI LEON HELLEBUSCH
Mayor
A T: TEDDY HELLEBUSCH
f
City Clerk
APPROVED AS TO FORM:
City Counselor
U:\Contract FJee\1eaR"\1lellehuxh•I.eon\Ag 3eaee renewal•IM Cortez 2013.w,pd