HomeMy WebLinkAbout87-0401 Farm Lease No. 315 GEORGE E.COLE®
... FA,4M LEASE August 1967 - O4by ..,r,,,^ LEGAL FORMS
Laase,
THIS INDENTURE. Made and entered into this 1st day of April A.D. 19 87 : between
the CITY OF ELGIN, a municipal corporation, Lessor.and
DON HEINIGER of Elgin, Illinois, Lessee.
WITNESSETH. That Lessor. for and in consideration of the covenants and agreements hereinafter men-
tioned. to be kept and performed by Lessee. has. by these presents. demised and leased to Lessee, the fol-
lowing described land. to-wit:
said premises being described in Exhibit A, which is attached hereto and
made a part hereof by reference.
in the County of Kane and State of Illinois and containing about
180 acres.
TO HAVE AND TO HOLD THE SAME to Lessee,from the 1st day of April
A.D. 19 87 . to the 31st day of December A.D. 19 88 . And Lessee. in consideration of the leas-
ing of the premises as above set forth.covenants and agrees with Lessor.to pay Lessor.at
as rent for the same.the following:
$50.50 for each farmed acre, with payments to be made as follows:
1987 Season
1) $4,545.00 payed to Lessor on or before April 15, 1987.
2) Balance due on or before December 15, 1987, after calculation of actual
number of farmed acres as determined by engineering survey.
1988 Season
1) $4,545.00 payed to Lessor on or before April 15, 1988.
2) Balance due on or before December 15, 1988, after calculation of actual
number of farmed acres as determined by engineering survey.
Either party may terminate this lease as to the 1988 growing season
by notifying the other party in writing no later than January 31, 1988.
And Lessee covenants with Lessor. that at the expiration of the term of this lease. he will yield up the
possession to Lessor. without further demand or notice, in as good order and condition as when the same
were entered upon by Lessee. loss by fire, inevitable accident, and ordinary wear excepted.
And it is further expressly understood and agreed between the parties hereto, as follows:
I. Lessee covenants to farm said premises in a husbandmanlike manner,and to raise the greatest amount
of grain thereon. the nature of the soil and season will permit: and further to break up and improve as much
of the waste land as may be in condition to plough.
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1. A. Lessee shall comply with all conditions and specifications as in
contained in the subject bid proposal as provided in Exhibit B, which is
attached hereto and made a part hereof by reference.
2. Lessee shall haul out and distribute upon the poorest soil on said premises, all the manure and com-
post suitable to be used; such manure as is unfit for use to be left upon said premises; and further. not to
burn any stalks, or straw, or stubble. on said premises.
3. Lessee shall preserve and keep the fruit and ornamental trees, vines and shrubbery that now are or
shall be planted on the premises, from injury by ploughing, or from cattle. horses. sheep or otherwise; and
further, to keep said premises free from brush and burs. and shall also keep all necessary ditches and drains
ploughed and cleaned out during the continuance of this lease.
4. Lessee shall keep said premises, including the hedges and fences. in proper and necessary repair. If
Lessee fails to do so, Lessor may enter upon premises and make all proper and necessary repairs. and the
cost thereof shall be additional rent. due and owing from Lessee to Lessor immediately.
5. Lessee further covenants not to remove any of the grain raised on said premises during the term of
said lease, until the rent herein specified shall be fully paid.nor to sell the same or any part thereof; and if any
grain raised on said premises during said term, shall be removed, or attempted to be removed. by any person
or persons. before the payment of said rent, or if Lessee shall sell or attempt to sell said grain or produce, or
any part thereof; or if the same or any part thereof shall be claimed or attached, or levied upon by execution.
or claimed by any other person or persons, upon any pretense whatsoever, before said rent shall be fully
paid, then upon the happening of any of said contingencies, said rent shall immediately become due and pay-
able. and Lessor, or his legal representative, shall have the right to enter into the said premises and to take
possession of the said grain, or wherever else the same may be found,and remove the same and sell the same,
or any part thereof; or if the same shall not be sufficiently matured for harvesting or gathering,to cultivate the
same, and to protect and preserve the same until it shall be fit,and then to harvest or gather and sell the same.
or any part thereof, at private or public sale,and to apply the proceeds thereof to the payment of the expenses
and costs of carrying out the provisions of this lease, and the payment of said rent hereby reserved.
6. Lessor reserves the privilege of ploughing the stubble ground when Lessee may have secured the
grain grown thereon; and further, Lessor, or his legal representative, may enter upon said premises for the
purpose of viewing, or seeding, or for any other purpose.
7. If Lessee shall fail to cultivate said premises as herein agreed,or shall fail to keep any of the covenants
in this lease contained, or shall assign this lease, or shall sublet said premises, or any part thereof, without
the written consent of Lessor, then this lease shall,at the election of the Lessor,be null and void,and Lessor,
or his legal representative, shall have the right to take possession of said premises,using such force as may be
necessary, with or without process of law; and all damage growing out of a failure to perform any of the
covenants of this lease shall be added to and become a part of the rent, recoverable as rent.
8. Lessee hereby waives and relinquishes all right of exemption from sale or seizure under distress or
execution, that he now has, or may hereafter have, by virtue of any law of this State, exempting personal
property from seizure and sale on execution or distress for rent,and hereby gives Lessor full power,authority
and right, to take and seize any personal property, whether exempt by law or not, and sell the same or any
part thereof, in satisfaction of said rent hereby agreed to be paid.
9. Lessee further agrees to pay and discharge all costs and attorney's fees and expenses that shall arise
from enforcing any of the covenants of this lease by Lessor.
IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above
written.
CI " OF • LGIN, i.. orporation
B • ` � -11P`/i.43. [Seal]
A s t: �� �-�6L��!/�1C-��4 Seal]
DONISB HEINIGER [Seal]
[Seal]
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° I I' 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 Southwesterly 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 Southerly 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 Southwest 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 Southwest 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 North-
westerly direction along the Southerly right-of-way line of said U.S.
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
"EXHIBIT A"
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CITY OF ELGIN
OF E
PURCHASING DEPT. •
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150 DFXTER COURT I -if'f ‘,1 INVITATION TO BID #87-14
:'V rIe °91. •' THIS IS NOT AN ORDER
ELGIN.ILLINOIS 60120 c
312/69s•ssoo k;,-n ro. February 16, 1987
INVITATION: Sealed bids, subject to the conditions on the reverse hereof, will be received at this office until
11:00 a.m. o'clock March 3,1987 for furnishing the following supplies and/or services. Please use
this form for submitting your bid.
ITEM NO. ARTICLES OR SERVICES AMOUNT
The City of Elgin and School District U-46 would appreciate your bid on
leasing an estimated total of 280 acres of land, commonly known as the
Elgin Mental Health Center property, for farming purposes:
DESCRIPTION: The property is generally located west of the Elgin Mental
Health Center, South of U.S. Route 20 ByPass, and East of McLean Boulevard.
(See attached location map) .
The farm leases will be awarded to the highest bidder based upon the price
per farmed acre for 1987 and 1988. $ .5 •5_�'
farmed acre
The successful bidder agrees to the following:
1. To enter into two (2) separate lease agreements; one with the City of Elgin
for our estimated 180 farmable acres, and the other with School District
U-46 for their estimated 100 farmable acres.
2. That the farm lease agreements shall be for the 1987 and 1988 growing seasons.
3. That the leases shall be prepared on the attached standard Farm Lease legal
form and all conditions contained therein apply.
4. To prevent noxious weeds from going to seed on said property and to cut all
weeds in accordance with Chapter 9.16 of the Elgin Municipal Code. (Attached)
5. To disclose to the City and the School District the names of anyone to whom
the crops will be sold.
6. That a determination of the actual number of farmed acres shall be made
during the growing season through an engineering survey and the total amount
due shall be determined by this survey.
•
•
PAYMENT DISCOUNT
% 10 days % 20 days % 30 days
The under signed hereby agrees to furnish the above supplies and/or services at the prices and terms stated
subject to all instructions, conditions, specifications, and all attachments hereto_
COMPANY �6 it ,: ^
.�i �j G✓ Signature
38W6VI/ Ase-✓o%Ad AAnAeae' ss Name & Title
(Please Type or Print)
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✓✓ Telephone 69572 2 0$
"EXHIBIT B"
7. That the annual payment terms shall be as follows:
a. 50% due on April 15th based upon the estimated number of farmable acres.
b. Balance due on December 15th based upon the actual number of farmed
acres as determined by the engineering survey.
c. Payments shall be made separately to City of Elgin and School District U-46.
8. To furnish a certificate of insurance for general liability, auto liability,
and workers' compensation; the certificate shall name the City of Elgin and
Board of Education - School District U-46 as additional co-insureds.
9. Be informed of the condition of the property and applicable City and State
Laws, obstacles to be encountered, and all other relevant matters concerning
the work to be performed, and neither the City nor the School District shall
be obligated in any way by reason of any matter or thing concerning which
such bidder might have so informed himself prior to bidding.
10. To enter into separate written contracts with the City and the School District
within ten (10) days after award by their respective governing bodies.
a. The City Council is expected to award our estimated 180 acres on March llth.
b. The School District is expected to award their estimated 100 acres on
March 16th.
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