HomeMy WebLinkAbout84-0401 Farm Leaser
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FARM LEASE
By this agreement made and entered into on April 1 , 1984
between the City of Elgin, Illinois , a municipal corporation,
hereafter referred to as Lessor, and Collins Brothers, an
Illinois general partnership, Route 2 , Box 216 , Elgin, Illinois ,
hereafter referred to as Lessee , Lessor leases to Lessee to
occupy and use for agricultural purposes only, the following
real estate located in the County of Kane, State of Illinois ,
and more particularly described as follows :
That part of Sections 22 , 23 , 26 and 27 , Township
41 North , Range 8 East of the Third Principal Meridian,
described as follows : Beginning at the Northwest corner
of the Northeast quarter of the Southeast quarter of
Section 22 , thence Southerly along the West line of said
Section 22 for a distance of 1038 . 80 feet to a point ;
thence Westerly along a line forming an angle of 88° 11 '
to the right of a prolongation of the last described
course for a distance of 1843 . 60 feet to the center line
of McLean Boulevard (State Aid Route 18) ; thence South-
westerly along said center line , being a curve to the
left for a distance of 574 . 65 feet to a point ; thence
continuing in a Southwesterly direction along said center
line , being a straight line and tangent to the last
described point, for a distance of 404 . 0 feet to an
angle in said center line ; thence Southwesterly along
said center line a distance of 367 . 51 feet ; thence
Easterly along a line parallel with the South line of
Section 22 for a distance of 1038 . 8 feet ; thence South-
erly along a line that is perpendicular to the North
line of the Northwest quarter of Section 27 and the
South line of the Southwest quarter of Section 22 for a
distance of 1620 feet more or less to the South line of
the North half of the Northeast quarter of said Section 27 ;
thence Easterly along said South Line of the North half of
the Northeast quarter of Section 27 for a distance of
2293. 9 feet to the East line of said Northeast quarter of
Section 27 ; thence Northerly along said East line of the
Northeast quarter of Section 27 for a distance of 348. 2
feet ; thence Easterly along a line that forms an angle
of 90° 12 ' to the right of a prolongation of the last
described course , said line also being the southerly
property line of the Elgin Mental Health Center, for a
distance of 1900 feet more or less ; thence Northerly
along a line parallel to and 740 feet West of the East
line of the Northwest quarter of Section 26 of the South-
west quarter of Section 23 for a distance of 1800 feet
more or less ; thence Easterly along a line parallel with
the South line of the Southwest quarter of Section 23,
for a distance of 740 feet to the East line of the South-
west quarter of Section 23 ; thence Northerly along the
East line of said Southwest quarter of Section 23 for a
distance of 1772 feet more or less to the Southerly
right-of-way line of the U. S. Route 20 Bypass (Federal
Aid Route 6) ; thence Northwesterly along the Southerly
right-of-way line of the U.S. Route 20 Bypass for a
distance of 2643 feet more or less to the West line of
Section 23; thence continuing in a Northwesterly direc-
tion along the Southerly right-of-way line of said U.S.
Page 1 of 5
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Route 20 Bypass for a distance of 1329 . 34 feet to the
West line of the Southeast quarter of the Northeast
quarter of Section 22 ; thence South along said West
line for a distance of 113. 44 feet to the place of
beginning. Being situated in Elgin Township, Kane
County , Illinois , and containing 407 . 44 acres more
or less .
for a term of one (1) year to commence on April 1, 1984 and to end
on March 31 , 1985 at 6 : 00 A.M. , except that portion of the property
shaded on the map attached hereto and made a part hereof as
Exhibit A, containing approximately 70 acres .
1 . Lessee agrees to pay , without demand, to Lessor
as rent for the above demised real property One Hundred-Ten Dollars
($ 110.00 ) per farmed acre. Rent shall be paid in two installments .
The first installment shall be Five Thousand Dollars ($5 , 000 . 00)
and shall be paid on or before the first day of July, 1984 . The
second installment shall be paid on or before the first day of
March, 1985 . and shall be in an amount equal to the balance of
the rent for that year. The Lessor shall survey the property
after completion of planting by the Lessee and determine the
number of acres that are planted and shall use that number as the
number of acres that are farmed. Lessee shall be given notice of
when Lessor will survey the property and shall have the right to
be present during the survey.
2 . The Lessee covenants and agrees :
a. To cultivate the farm faithfully and in a timely,
thorough , and businesslike manner.
b . To prevent noxious weeds from going to seed on said
premises and to destroy the same and to keep the weeds and grass
cut on the farmstead , roadsides , fence rows , and all remaining
acreage on the property not farmed in accordance with Chapter 9 . 16
of the Elgin Municipal Code .
c . To keep the fences (including hedges) , tile drains ,
and other improvements in as good repair and condition as they
are when he takes possession or in as good repair and condition
as they may be put by the Lessor during the term of the lease- -
ordinary wear, loss by fire , or unavoidable destruction excepted .
d. To prevent all unnecessary waste , or loss , or damage
to the property of the Lessor.
e . To comply with pollution control and environmental
protection requirements .
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f. Not to plant any crops within the shaded area on
Exhibit A attached hereto and made a part hereof. designated as
•
plant within all other proDt Sy within th-e -s#a-dod area at Lcssoc '
r w4-1- give Lessee ten days notice prior to
3 . The Lessee further agrees , unless he shall first
have obtained the written consent of the Lessor :
a. Not to assign this lease to any person or persons ,
sublet any part of the premises herein leased , nor license or
grant permission to any person to enter said property for other
than agricultural purposes .
b . Not to erect or permit to be erected any structure
or building or to incur any expense to the Lessor for such purposes .
c . Not to allow any livestock on any part of the premises
herein leased.
d. Not to erect or permit to be erected any commercial
advertising signs on the farm.
4 . In the event that Lessee fails to carry out sub -
stantially 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 sixty (60) days from the date of such notice .
Settlement shall then be made in accordance with the provisions
of Section 6 .
5 . The Lessee agrees that at the expiration or termina-
tion of this lease he will yield possession of the premises to
the Lessor without further demand or notice . If the Lessee fails
to yield possession, he shall pay to the Lessor a penalty of One
Hundred Dollars ($ 100.00 ) per day for each day he 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 said Lessee to any interest of any kind or
character in or on the premises .
6. 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 . If
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the Lessee fails to pay the rent due or fails to keep any of the
agreements of this lease , all costs and attorney fees of the
Lessor in enforcing collection or performance shall be added to
and become a part of the obligations payable by the Lessee here-
under .
7 . The Lessor reserves the right of himself , his agents ,
employees , or assigns to enter upon said premises at any reason-
able time for purpose of viewing the same , or working or making
repairs or improvements thereon, of developing mineral resources
as provided in Section 8 below, or, after notice of termination
has been given and following severance of crops of any other
operation necessary to good farming by the succeeding operator ,
the same not to interfere with the Lessee in carrying out the
regular farming operations .
8a . Nothing in this lease shall confer upon the Lessee
any right to minerals underlying said land , but same are hereby
reserved by the Lessor together with the full right to enter upon
the premises and to bore , search , and escavate for same , to work
and remove same , and to deposit excavated rubbish, and with full
liberty to pass over said premises with vehicles and lay down and
work any railroad track or tracks , tanks , pipelines , power lines ,
and structures as may be necessary or convenient for the above
purpose . The Lessor agrees to reimburse the Lessee for any actual
damage he 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.
b . Reimbursement for the damage to Lessee ' s crops by
Lessor ' s activities shall be $ 110.00 per farmed acre plus that
acreage shall be deducted from the total farmed acres . The
reimbursement shall be subtracted from the second installment
of the rent .
9 . The terms of this lease shall be binding on the
heirs , executors , administrators , and assigns of the Lessee in
like manner as upon the original parties .
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IN WITNESS WHEREOF , the parties have executed this
Lease the day and year first above written.
LESS R:
By
it anager
Attest:
.lty �
LESSEE: Collins Brothers , a partnership
By C MYS
(" ,,,2.401tAC.io
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MUGHWAY 20
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iv ity areas NMMAM V <7 . .: .,.. t� ,...• •t..L •• .•
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= APARTMENT :` ^ ,_. 4;..1.... .1... •7s..�� .l:w►1•.•,
The five major activity areas, and the COMPLEX :' ;•` , '•iilk ��
principal activities to De accomodated in each I �'`� "1`� is 1�`- . E LL1
area, are as follows: + ' OOTSA' - :;s�.;�Y'' •r<• . •.}`17; '• `♦/r
IELOS•s.' r't- j )
1) Small Lake and Park Center - =� f: - Y i . -
Fishing, laaskatinq, nature study, plc- - •
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nicking, court and lawn games, senior ' ' i
citizen activities, adventure playground. _ �' • •. '
[sirs lawn and garden plantings, fitness - . •
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trail and park administration center. I� ,a, •
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2) Sports Field Area - \ SPORTS FIELD$ .. •
Organized field sports - baseball, foot- v` �, _ - I (ISOESIGNMED) p 'f ~��a'
ball, soccer, etc., air activities - ` -- -^-- ; r CEMETERY ,...+_'
kites, model airplanes, hot air balloon- ---:• -: : •- . -:M;. 1 ' t FRISEEE COUR3E I. '
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ing major public events and gatherings �f - r t .• lf20 .A'. .•••• • "'� n��^
and [risbN and . • -.-. • — - - j !!.M. `�►
3) Winter Hill and Open Field Area - -_ •
�. •a, . �(� u■r •.'O..� P PICNIC ••
Mon-powered snow sports - coasting and -= 'ass r'
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cross country skiing, unorganized field ?It ' � - t r r
sports, air activities including hang 1 • • �IR>t! �111 / ► f
gliding, outdoor exhibitions, fairs and -�- ► ` :�aE.•
nature study. ! -M itNEis .l ► :��i ,tdal�, 1 _..- •
1) Large Lake, Aquatic Canter and Court :_,• �—,. .IL J ' • UNSTRUCTURED. 111 t'.;• p _--_-
N OPEN SPACE Sports Area - .• --
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Non-powered water sports, boating and A i .�
fishing, ice skating, picnicking, out- - -- ^�� lad `` '>t iV� - M 1 I
door court sports - volleyball, basket- f• E ;1 lAKE 11 i
ball. I FUTURE I RMTEM 1 . KL tE.
5) Prairie and North Forest Area - 1 MRN[ENAMCE AMD ERS , 4111
Nature study - flora and fauna, isolation Ir AREA � ACCESS " r '
and relaxation. "y'�` %�, 0 PICRIC ARE► r
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I LIME SLUDGE S90R'T5 L ' 7, .
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oONIMAL AREA _ e`
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MASTER PLAN FOR PARK DEVELOPMENT