HomeMy WebLinkAboutRes.2757.05-20-2013BILL NO. 13-67 RESOLUTION NO. a /5?
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGRICULTURAL LEASE AGREEMENT WITH
RYLAND MEYR FOR PROPERTY LOCATED ON LA SALLE
AVENUE IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agricultural Lease Agreement with Ryland Meyr for property
located on La Salle Avenue in the City of Cape Girardeau,
Missouri. A copy of said Agricultural Lease Agreement is
attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS CXV'�' DAY OF 2013.
ATTEST:
Gayl�)L. Conrad, City Clerk
ry E. @ 'ger, Mayor
AGRICULTURAL LEASE AGREEMENT
This LEASE AGREEMENT, made and entered into this 8th day of May, 2013 between THE
CITY OF CAPE GIRARDEAU, Cape Girardeau, Missouri, herein referred to as "Lessor" and
RYLAND MEYR, hereinafter referred to as "Lessee", for agricultural property located adjacent
to Interstate 55, North and South of LaSalle Avenue described in the legal description (Exhibit A).
WITNESSETH, that:
In consideration of the rent to be paid by Lessee to Lessor and in further consideration of
the mutual promises and conditions herein contained, Lessor and Lessee do hereby make and
enter into the following Lease Agreement. The Lessor hereby leases to Lessee and Lessee does
hereby lease from Lessor, approximately 247 acres of agricultural property, located in the City of
Cape Girardeau, Cape Girardeau County, Missouri as set forth in the attached illustration marked
Exhibit A.
TERMS:
'Lhc term of this lease agreement shall be for a period of no more than one (1) year
commencing May 1, 2013 and extending to April 30, 2014.
The Lessee agrees to use the property for agricultural purposes only.
2 The Lessee agrees to pay to Lessor the annual lease payment in the amount of $100 per acre
of planted crop ground, and $3000 for the pasture area on or before the first day of each contract
year. Said payment is due on the 1" day of November and shall be paid to the City Finance
department.
3 Lessor does not represent to Lessee the exact acreage of the land that is available for
agricultural purposes or the tillable acreage of the property.
4 Lessee agrees to maintain the property and any structures on the property used by the
Lessee, in a farm -like manner and shall be responsible for maintenance of said property and
structures throughout the duration of the lease.
5 Lessee shall be responsible for all payments and expenses related to fanning and cultivation
of the subject property while under the lease terms of this contract.
G Lessee agrees that the future intentions of Lessor is to develop, sell and/or lease the property
as a business park; therefore, Lessor has the right to terminate the lease agreement upon sixty (60)
days written notice to the Lessee.
7 If Lessor alters or terminates the contract due to sell, lease or development of the subject
property, the Lessor shall reimburse the actual cost to the Lessee to plant the crop destroyed as a
result of the transaction.
8. Lessee shall keep and hold harmless Lessor, its employees, agents, servants and assigns from
and against any and all claims, demands, suits, judgments, cost and expenses asserted by ay
person or persons, including agents or employees of Lessee, by reason of death or injury to
persons or loss or damage to property, resulting from Lessee's operation hereunder, or, as a
result of anything claimed to be done or omitted to be done Lessee, his agents or employees
hereunder.
9. Lessee agrees any failure on the part of the Lessor to enforce any teen of this lease shall not
be construed as a waiver of any future breaches by the Lessee.
10. This lease shall not be assignable nor any part of the premises be sublet by Lessee without
prior written consent of Lessor.
IN WITNESS WHEREOF, the undersigned has executed this agreement this 8th day of May, 2013.
LESSEE
Co
R`Dutcli' 2�1FI'R
i
STATE OF MISSOURI )
ss.
COUNTY OF GAPE GIRARDEAU )
BE IT REMEMBERED, •That on this vim— day oC , 2013 before me,
the undersigned, a Notary Public in and for the County and State afore, � , came Ryland M4epr, to me
personally known, who, being by me duly sworn, did state that he is the person whose name is signed for
the consideration stated therein and no other, and he acknowledged that he executed the same as his free
act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my
office in said County and State the day and year first above written.
Commission Expires
010pUe,,
CARCLA. PETERS
EXPOS-
,=o.•GZ-
•NOTARY'•, :-i-
My Commission
Noyenber 19, 2016
'.'9.•. SEAL
Cape Ghardeau County
9...... �'
Conmiission#12W121
ATTEST:
Gayle L. Conrad, City Clerk
Nmn�_,
Typed Name of Notary Public
LESSOR
Scott A. Meyer
City Manager, City of Cape Girardeau
EXHIBIT A
MEYR AGRICULTURAL LEASE AGREEMENT
LEASE AREA