HomeMy WebLinkAboutRES.121.12-19-1984 � � .
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BILL N0. 84-128 RESOLUTION NO. ��
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A FARM LEASE WITH TOM KAMINSKEY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1 . The City Manager on behalf of the City of Cape
Girardeau, Missouri , is hereby authorized to enter into a farm
lease with Tom Kaminskey. A copy of this Lease is attached to
this resolution and made a part hereof .
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PASSED AND ADOPTED THIS //�� DAY OF ' Z � ,
1984.
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MAYOR
ATTEST:
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' CITY CLERK
FARM LEASE
This Lease entered into this day of ,
198 , by and between the City of Cape Girardeau, Missouri, a
Municipal Corporation, "Lessor" and Tom Kaminskey, "Lessee" .
1 . Lessor hereby leases to Lessee all that farm, ex-
cepting the house thereon, situated in the County of Cape
Girardeau, State of Missouri , described as follows :
77. 10 acres , part of Survey No. 214, Township Thirty
( 30) , Range Thirteen (13) East, described as follows:
Begin at a stone on the West line of Survey No. 214, the
corner of Lots 1 and 2 of a subdivision of Survey No . 214 ,
A Spanish Oak 30 inches South 7 1/2° West 13 links ; run
South 84° East 47. 20 chains to a stone, the Southwest
corner of H. M. Siemers land in said survey; thence North
7° East 20. 90 chains to a stone corner ; thence North 82
1/2° West 14. 00 chains to a stone ; thence South 5° West
3. 20 chains to a corner ; thence South 51° West 3. 08 chains
to a corner ; thence North 84 3/4° West 31 . 30 chains to a
stone corner on the West line of Survey No . 214 an Ash 14
inches bears North 59° East 18 links and a Beech 14 South
70° East 35 links ; thence South 7 1/2° West 14. 70 chains to
the beginning corner .
Also , 2. 80 acres , part of Lot Two ( 2) of a Subdivision
of Survey No. 214, Township 30 North, Range 13 East, de-
scribed as follows : Commence at the Southeast corner of
Lot 2 of said Subdivision, then run North 7° East along the
East line of said Lot 2 20. 90 chains ; thence North 82 1/2°
West 14 chains to the point of beginning ; thence South 5°
West 3. 20 chains ; thence South 51° West 3. 08 chains to the
Southeast corner of the German Evangelic Church
Association , as conveyed in Book "P" at Page 328 ; thence
North 6 1/2° East along the East line of said Church lot
2. 70 chains to the Northeast corner of the church lot ;
thence North 83° 45' West along the North line of the
Church Lot, 5. 75 chains to the Northwest corner of the
Church lot ; thence North 6 1/2° West 3. 20 chains ; thence
South 82° East 8 . 30 chains to the beginning corner .
for a term commencing January 1, 1985 and expiring December 31 ,
1986.
2. Lessee shall pay as rent the sum of Twelve Thousand
Twenty-Six Dollars ($12, 026. 00) according to the following
schedule :
$1 , 503. 25 (12. 5$ of total ) on or before the lst day of
April, 1985.
$4, 509. 75 ( 37. 5$ of total ) on or before the lst day of
December, 1985.
$1 , 503. 25 ( 12. 5$ of total ) on or before the lst day of
April, 1986.
$4, 509 . 75 ( 37 . 5$ of total ) on or before the lst day of
December , 1986.
3. Lessee shall use the premises only for agricultural
purposes exclusive of the raising of livestock ; shall commit no
waste or damage on the premises and permit none to be done; and
shall cut no live trees without the written consent of Lessor .
4. Lessee shall use diligence to prevent noxious weeks
including sorghum halepense, commonly known as "Johnson Grass"
from going to seed on the premises .
5. Lessee shall retain possession of the premises during
the term of this lease and shall not assign or sublet without
the Lessor 's written consent .
6 . Lessor shall have the right to enter the premises at
any reasonable time to view the same or show the same to pro-
spective purchasers or tenants, or to make repairs or improve-
ments .
7 . Lessee shall surrender the premises at the expiration
of the term of this lease without further demand or notice, in
such condition as shall be in compliance with the provisions
hereof.
8 . Lessee shall keep and hold harmless Lessor , its em-
ployees, agents , servants and assigns from and against any and
all claims, demands, suits, judgments , costs and expenses as-
serted by any 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 operations here-
under, or as a result of anything claimed to be done or omitted
to be done by Lessee, his agents or employees hereunder .
9 . Lessee agrees that he will abide by all laws , pro-
visions and requirements of Lessor, the State of Missouri, or
the United States Government or any agency thereof.
10. Lessee takes possession of the leased premises and
performs the services to be rendered as an independent
contractor , subject to the usual hazards of operating a farm,
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and assumes all risk of injury or damage in pursuance of his
farming the land herein leased.
11 . In the event of a breach of any of the covenants of
agreements of this lease, the Lessee shall upon written notice
of said breach, remedy the breach, and if said breach shall not
be corrected within ten (10) days, this lease may be imme-
diately terminated at the option of Lessor and the Lessor may
require Lessee to immediately vacate and relinquish possession
of said premises .
12. This lease shall be binding upon the heirs, executors ,
and administrators of Lessee and the assigns of Lessor .
IN WITNESS WHEREOF, the parties hereto have hereunto af-
fixed their signatures on the day and year first above written .
CITY OF CAPE GIRARDEAU, MISSOURI
Gary A. Eide, City Manager
ATTEST:
City Clerk
Tom Kaminskey
WITNESS:
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