HomeMy Public PortalAboutORD16386BILL NO. 2023-051
SPONSORED BY Councilmember Spencer
ORDINANCE NO. & er°
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A $628,314.35 LAND LEASE AGREEMENT
WITH FISCHER GRAIN FARMS FOR CITY OWNED PROPERTY.
WHEREAS, Fischer Grain Farms has been selected as the organization best qualified
to rent agricultural land held by the airport and wastewater divisions of the
City of Jefferson.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Fischer Grain Farms is hereby approved as the best qualified firm to
rent the City Land and its proposal is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Fischer Grain Farms for rental of land.
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:
LK1V „elg ,V020
Presiding Otfi
ATTEST:
Approved: 11 (24 2023
ayor Ron 64• water
APPROVED AS TO FORM:
CITY OF JEFFERSON
AGRICULTURAL LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into the date last executed by a party as indicated below,
by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "Lessor,"
and Fischer Grain Farms, hereinafter referred to as "Lessee."
WITNESS ETH:
THAT WHEREAS, Lessor has this day leased unto Lessee the following described property, situated in
the County of Cole, State of Missouri, to-wit:
Parcels marked as AF-1 throughAF-15 as shown on Exhibit A.
Parcels marked as WF-1 through WF-6 as shown on Exhibit B.
Parcels depicted on Exhibit C.
NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the Lessor and
the Lessee:
I . Lease Period.
The initial period of this Lease shall be effective from the January 1, 2024 through December 31,
2024. With the consent of both parties, this contract may be extended for four (4) additional one
( I ) year periods.
2. Notice of Termination of Agreement.
Lessee shall inform Lessor of its desire to extend this lease by November 1st of each year for each
one ( 1) year option.
3. Rental.
4.
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 described in Attachment
I, subject to all requirements in RFP 4165, on file in the Office of the City's Purchasing Agent.
Such rental is due and payable on or before December 31st of each year.
Expenses.
Lessee shall provide and pay for all items and expenses involved in planting and harvesting the
crops.
5. Harvesting and Removal of Crops.
All crops shall be harvested and removed prior to December 31st of any year which is a termination
anniversary of the lease, unless other specific arrangements are made in writing between the parties.
6. Right to Reclaim Acreage.
It is understood that the Lessor 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.
EXHIBIT A
8. Grass Control.
It is agreed that Lessee shall maintain an effective Johnson Grass Control Program.
9. Covenant to Comply with Federal Regulations.
10.
11.
The Lessee, for their self, their 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: (I) 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.
Insurance.
Lessee agrees that it will at all times maintain general liability insurance, with a reputable insurance
company at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that
nothing herein shall be deemed a waiver of the City's sovereign immunity. This insurance shall
assure the obligation of the Lessee to save the Lessor hannless 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 his/her agents, or employees, or any other person using the premises.
Assignment and Mortgage.
Neither the demised premises nor any portion of them shall be sublet, nor shall this lease, 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 tenns or conditions agreed to be kept and perfonned 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).
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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.
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.
18.
19.
A. Lessor reserves 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.
B. 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.
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.
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:
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LESSOR City of Jefferson
Department of Public Works
320 East McCarty Street
Jefferson City, MO 65101
LESSEE Fischer Grain Farms
1905 Mokane Road
Jefferson City, MO 65101
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.
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 of this Lease, their respective successors, administrators, executors and
assigns.
CITY OF JEFFERSON, MISSOURI
Ron Fitzwa - , ayor
Date: t ((?.1 (T.02S
ATTEST:
Cit
y y Clerk
APPROVED AS TO FORM:
Ryan ehlman, City Attorney
—4—
FISCHER GRAIN FARMS
ATTEST:
Title:
Donaldson
ATTACHMENT 1 -LEASE PRICE FORM
(20 points)
Linc # Lease Approx. Per Acre Annual Lease
Period Acers Cost Amount
Grou -Exhibit A
I.I Year One 202
1.2 Year Two 202
1.3 Year Three 202
1.4 Year Four 202
1.5 Year Five 202
Grou 2 -Wastewater Plant Pro
2.1 Year One 259
2.2 Year Two 259
2.3 Year Three 259
2.4 Year Four 259
2.5 Year Five 259
Grou 3 -Wastewater Plant Pro
3.1 Year One 40
3.2 Year Two 40
3.3 Year Three 40
3.4 Year Four 40
3.5 Year Five 40
Prices contained in this bid arc firm for ___ days.
Do you represent a disadvantage business enterprise? Yes __ No __
Do you represent a woman-owned business enterprise? Yes __ No __
//We lhe undersigned do herby cerlify that the information presenled in th is bid is tru e and accurate and agree to
· provide th e specified products and services at the price and time in accordance with the terms and sp ecifications
slated here in il awarded the bid.
NAME OF COMPANY AGENT & TITLE
ITieJ~, c~-n tcv'2KlS ex ~Kimh<vf Fischer OiJVJe -~
ADDC/05 {Y1ckcuLL (2cf S~M c~'.ft) /1/o ~Sib/
TELEPHON E NUMBER
51)3 --&CSCr-70</0 Jr+ Y
DATE ;u/10/~
_ Partnership _Corporation _ Limited Liability Corporation
City of Jefferson, Missouri EXHIBIT A
Airport Property
City of Jefferson, Missouri EXIDBI T B Wastewater Property