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HomeMy Public PortalAboutORD14141 BILL NO. 2006-115 SPONSORED BY COUNCILMAN S l �� Ber ry, ORDINANCE NO. / 4 1 `r 1 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGRICULTURAL LEASE AGREEMENT WITH CHARLES STECK FOR PROPERTY ADJACENT TO THE ALGOA REGIONAL TREATMENT FACILITY. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorizing to execute an Agricultural Lease Agreement with Charles Steck for property adjacent to the Algoa Regional Treatment Facility. Section 2. The Lease Agreement shall be substantially the same in form and content as that Lease Agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passa a and approval. ® Passed: ��` ��� Approv G � r siding Officer Mayor ATTEST: APPRPYED A TO FORM: City Cl(A City dbunselor i i i 1 l W\ CITY OF JEFFERSON AMENDMENT TO AGRICULTURAL LEASE AGREEMENT WHEREAS,the City of Jefferson,Missouri,a municipal corporation,with offices at 320 East McCarty,Jefferson City,Missouri,65101,hereinafter designated"Lessor,"entered into a Lease Agreement with Charles Steck,located at 2100 Highway 179,Jefferson City,Missouri,65 10 1,hereinafter referred to as"Lessee,"on January 10,2007;and WHEREAS,the Lease Agreement was for lease of agricultural property; and WHEREAS,both parties wish to renew the Lease Agreement for the one additional term of one (1) year and as stipulated in Paragraph 1 of the Lease Agreement dated January 10, 2007; and NOW,THEREFORE,be it agreed by the parties that the Lease Agreement is hereby renewed for the one additional one(1)year term to end December-31, 2008. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this day of December, 2007. CITY OF JEFFERSON, MISSOURI Vay;�// Charles Steck ATTEST: ATT T: i Ci y Cle'rie l APPROYEn AS TO IF ORM: oe City Counselor • Wc2\aw\Comracl Fila\1 a %Slcck\=mdww1 to 1m 2008.wpd gp.., 6r1 *41441 ` I 1 JAN 1 9 2007 CITY OF JEFFERSON ' ` ==1$Z!-- T AGRICULTURAL LEASE AGREEME T �� THIS LEASE AGREEMENT, executed this day of 200-7, by and between the City of Jefferson, Missouri, a municipal co oration, hereinafter referred to as "Lessor," and Charles Steck, 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 Exhibit 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 January 1, 2007 through December 31, 2007. With the consent of both parties, this contract may be extended for one (1)additional one(1) year period commencing on the January 1, 2008, through December 31, 2008. • 2. Notice of Termination of Agreement. Lessee shall inform Lessor of its desire to extend this lease by November Vt 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 Four Hundred Twenty- Five Dollars ($425.00) for property described in Exhibit A. Such rental is due and payable on or before December 31 of each year. 4. 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 31 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 City of Jefferson has the right to reclaim any part of the acreage should it be needed. UAContract Fdes\leases\Steck\Ag lease 2007.wpd • 7. Operation of Equipment. No farm machinery or vehicles of any kind are to be left unattended or overnight. 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 his/her agents,or employees,or any other person using the premises. 11. 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 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). UAContract Files\leases\Steck\Ag lease 2007.wpd 2 l it • 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. • 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. 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. 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: UAContract Files\leases\StmkWg lease 2007.wpd - 3 - 1 a LESSOR City of Jefferson • Office of City Counselor's Office 320 East McCarty Street Jefferson City, MO 65101 LESSEE Charles Steck 2100 Highway 179 Jefferson City,MO 65109 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. I TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this day of H. ,200`x. i — CITY OF JEFFERSON, MISSOURI CHARLES STECK //lZt&CAL May �� AT rEST: ATTEST: Ci le - Title: APP D AS OR • City Couns for WContract Files\leases\Steck\Wg lease 2007.wo - 4 - Exhibit A LEGAL DESCRIPTION Easement Description for Agricultural Purposes Part of Tract#4 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, Cole 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 S2degrees 22'44"W, along the Quarter Section Line, 2327.98 feet 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-way, the following courses: S52degrees 57'12'V, 100.14 feet; thence Westerly, on a curve to the right, having a radius of 1835.53 feet, an arc distance of 1057.19 feet, (the cord of said curve being S69degrees27'12"W, 1042.64 feet); thence S87degrees26'42"W, 145.86 feet; thence S88degreeslO'42"W, 581.10 feet;thence S0ldegrees49'l 8"E, 35.00 feet; thence S88degreesl O'42"W, 1465.03 feet; thence leaving the aforesaid Railroad Right- of-way line N07degrees50'42"W, 203.40 feet,thence N88degreesl4'34"E, 250.00 feet to the POINT OF BEGINNING for this description; thence N88degrees I 4'34"E, 798.68 feet, thence N07degrees57'36"W,600.95 feet,thence S73degreesl3'34"W, 1054.33 feet, thence S07degrees5O'42"E, 74.68 feel,thence N88degreesl4'34"E, 276.66 feet, thence SO I degrees45'26"E, 250.00 feet to the POINT OF BEGINNING. Containing 9.58 Acres.