HomeMy WebLinkAbout2001-091 - Contract Relating to the Cultivation, Pasturage, and Driving Range LeaseBILL NO. -=~CG i- `/ l
ORDINANCE NO. ~~~~ ~~~
AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACT RELATING TO
A CULTIVATION, PASTURAGE AND DRIVING RANGE LEASE BETWEEN
THE CITY AND ROBERT W. AND LILLIE MARIE GIESEKE
WHEREAS, the City acquired the property ("Premises") described in the lease attached
as Exhibit A ("Lease") pursuant to the exercise of its power of eminent domain;
WHEREAS, the Robert W. and Marie Gieseke ("Lessees") leased the property from the
prior owner of the Premises;
WHEREAS, the City desires to temporarily lease the Premises to the Lessees.
BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF
RIVERSIDE, MIS SOURI AS FOLLOWS:
SECTION I. The execution and delivery of the Cultivation, Pasturage and Driving
Range Lease between the City and Robert W. and Marie Gieseke, in substantially the form
attached as Exhibit. A with such changes, additions and deletions as may be approved by the
officer executing such document, such execution being conclusive proof of such approval, the
performance of City obligations under the Contract and the executions and delivery of all
documents and the performance of all actions related thereto, are approved. The Mayor, City
Clerk, City Administrator and the City Attorney are authorized to take such actions as are
necessary or desirable to effectuate the intent of this Ordinance.
SECTION 2. This Ordinance shall be in full force and effect from and after its passage
and approval.
PASSED AND APPROVED THIS c~~~DAY OF AUGUST, 2001.
ATTEST•
~~
/ GLG~G ~'
C' y Clerk
~z tl-., ~-~` 4.r~
Mayor
CULTIVATION, PASTURAGE AND DRIVING RANGE LEASE
THIS AGREEMENT ("Lease") is entered into as of July 1, 2001, among The City of Riverside, Missouri
("City") and Robert W. & Lillie Marie Gieseke ("Lessee"). City and Lessee for and in consideration of
the mutual promises herein contained, AGREE AS FOLLOWS:
1. BASIC PROVISIONS AND DEFINITIONS
The following terms, whenever used in this Lease, with the first letter of each word capitalized, will have
the meanings set forth in this Section, and only such meanings, unless expressly contradicted, limited or
expanded in this Lease:
(a) Premises:
As shown on attached Exhibit A, which is
hereby fully incorporated and made a part
hereof. The Premises are located in or near
the City of Riverside, County of Platte, State
of Missouri, and include the Driving Range,
as defined below in subsection (k).
(b) Date of Execution:
(c) Commencement Date (Section 4):
(d) Lease Term (Section 4):
(e) Rent (Section 5)
(f) City's Payment and Notice Address (Section 19)
City of Riverside, Missouri
Attn: City Administrator
2950 NW Vivion Road
Riverside, MO 64168
Tel. # (816) 741-3993
Fax # (816) 746-8349
(g) Lessee's Notice Address (Section 19):
Robert Gieseke
Gieseke Fanns
5406 North Northwood
Kansas City, Missouri 64151
Phone #: (816) 741-6844
Fax #: (816) 741-0782
The date above written, which is the date of
full execution hereof.
July 1, 2001
Month-to-month
$29,450 per year, payable semiannually on the
first of July and the first of November.
WITH A COPY OF ALL NOTICES TO:
Stephen A. Crystal
Armstrong Teasdale LLP
2345 Grand Blvd., Suite 2000
Kansas City, MO 64108
Tel # (816) 221-3420
Fax# (816)221-0746
(h) Lessee's Trade Name (if any): Gieseke Farms
(i) State of Incorporation of Lessee (if corporation)
(j) Minimum Insurance Coverage Maintained by
Lessee:
(k) Driving Range:
2. LEASE
N/A
Specified in Section 25
As shown on attached Exhibit B, which is
hereby fully incorporated and made a part
hereof. The Driving Range is to be
considered a part of the Premises for purposes
of this Lease, and may further be individually
and/or specifically referred to throughout the
Lease.
The City leases to Lessee and Lessee accepts a Lease from the City of the Premises as shown and/or
described on the map attached at Exhibit A and made a part hereof (the "Premises").
3. PERMITTED USES AND CONDITIONS
The Lessee shall use the Premises for cultivation and/or pasturage, provided that Lessee shall provide to
the City at least 45 days prior written notice before planting any crops (such notice shall specify the
anticipated planting day and anticipated harvesting time for each crop planted), and for no other purpose
or use, other than that described below:
(a) The Lessee shall use the Driving Range, as described in Section 1(k), for purposes related
to golf training and other golf-related recreational activities, and for no other purpose.
(b) Such golf-related activities shall not be permitted, nor engaged in, upon any part of the
premises outside the Driving Range.
4. TERM
The term of this Lease shall be from month to month, commencing on the Commencement Date. This
Lease shall be automatically extended on a month-to-month basis until terminated pursuant to the
provision hereof.
5. RENT
(a) Lessee shall pay the City at the offices of the City as rent for the Premises, the Rent,
payable semi-annually. The Rent shall be paid on the dates provided in Section I(e), and each semi-
annual period thereafter. The payment of Rent in advance shall not covert this Lease to a term other than
month-to-month. Upon termination of this Lease, any advance rent ("Advance Reny°) paid will be
refunded according to Section 15 below.
(b) If Lessee does not pay to the City the Rent, or any other amounts due the City which are
provided for herein ("Additional Rent") for a period of ten (10) days from the day when the same shall
have been due and payable, then Lessee, in addition to any other remedies available to the City, shall pay
a service charge at the rate of one and one half percent (1.5%) per month (or at the legal maximum in the
jurisdiction in which the Premises are located whichever is less) on any outstanding unpaid balance;
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provided, however, that such service charge shall in no event, be less than twenty-five dollars ($25.00) for
any month or portion thereof, and provided that an initial service charge of twenty-five dollars ($25.00)
shall be payable to the City by Lessee for each such separate bill, tax or fee which the City bills to Lessee
pursuant to the last sentence of Section 6 below.
6. TAXES AND ASSESSMENTS
(a) The City will pay all real estate taxes and assessments assessed against the real property
and against any improvements owned by the City. Lessee will submit to the City within ten (10) days
after receipt by Lessee, any invoices for real estate or other taxes assessed against any improvements
owned by the City.
(b) Lessee will timely pay to the taxing authority all taxes assessed against any
improvements constructed or owned by Lessee, or any trade fixtures or other property of Lessee, real or
personal, located on the Premises, even though such taxes or other charges may not become due and
payable until after cancellation of this Lease.
(c) In case of nonpayment of rent, taxes or other charges, the same shall until paid, at the
election of the City, constitute a lien on any buildings or other property owned by Lessee on the Premises,
foreclosable according to law. Lessee shall not remove said property until said rental, taxes, fees or other
charges have been paid, unless directed to do so by the City. The City may, at the City's option, pay on
behalf of Lessee any unpaid rent, taxes or other charges otherwise payable by Lessee and Lessee shall
reimburse the City for such payment as Additional Rent subject to Section 5(b).
7. UTILITIES AND FEES
Lessee agrees to pay all charges which are or can be separately metered or billed to Lessee, including but
not limited to charges for light, heat, water, sewer, garbage and all other utilities and services to the
Premises during the teen of this Lease. Lessee shall cause all such charges to be metered to and/or billed
to Lessee by the provider. All other items, including all license fees and other governmental charges
(except property taxes and assessments which will be handled pursuant to the provisions in Section 6)
will be paid directly by Lessee, failing which the City may pay and bill Lessee, as Additional Rent,
subject to Section 5(b).
8. ASSIGNMENTS AND SUBLETTING
Neither Lessee nor any heir, executor, administrator, receiver, master, trustee, sheriff or other assignee by
operation of law shall assign or sublet this Lease or any interest therein, or grant a security interest in any
buildings or improvements on the Premises.
9. LEVEE PROJECT AND PRIOR CLAIMS
Lessee acknowledges that Lessor is entering into a contract to sell a portion of the Premises ("Levee
Portion") to the Riverside Quindaro Bend Levee District of Platte County, Missouri for the construction
of the L-385 Levee Project and that the Levee Portion is also subject to eminent domain pursuant to
Riverside-Quindaro Bend Levee District, Platte County, Missouri, Case No. 99CC00930. This Lease is
made subject to such court action, contract and the rights granted therein. Notwithstanding anything to
the contrary contained herein, Lessee shall, unless otherwise agreed in writing, immediately upon notice
that an acceptable bid has been received for the Levee Project vacate the Levee Portion. Lessee
acknowledges and agrees and hereby waives any and all rights to relocation benefits or other damages or
compensation related to the Levee Portion or any property or improvements thereon.
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This Lease is also granted subject to any and all ordinances, laws and regulations and all other leases,
licenses, and permits affecting said Premises heretofore granted by the City or its predecessors, and not
previously terminated. If the Premises are subsequently found to be subject to a prior claim, this Lease
shall terminate immediately on notice to that effect from the City, and rental refund, if any, will be made
pursuant to Section 15. Lessee accepts this Lease subject to that possibility.
10. CONDITION, MAINTENANCE AND ALTERATION OF PREMISES
(a) [t is understood that Lessee has inspected the premises and that, based upon that
inspection, Lessee accepts the Premises, including any Improvements, "AS IS". The City is not obligated
by this Lease to make any changes, removals, or repairs of any kind. Lessee represents that it has
inspected the Premises and that Lessee is leasing the Premises as a result of its inspection and
investigation and not because of any representations made by the City or its agents, and that, to the best of
Lessee's knowledge and belief, the Premises, at the time the Lease was entered into, were reasonably free
from soil and/or ground water contamination or other pollution-induced conditions, and the condition of
the Premises appeared to the Lessee to meet all federal, state and local laws, ordinances, codes and
regulations designed to prevent or control the discharge of substances into the land, air and water. Lessee
acknowledges that neither the City nor the City's agent has made any representation or warranty as to the
present or future suitability of the Premises for the conduct of Lessee's business.
(b) Lessee shall not make any alterations, improvements or additions in or to any
Improvements without the prior written consent of the City. Any alterations, improvements or additions
to the Driving Range ("Driving Range Improvements") may only be made by Lessee upon the prior
written consent of the City, and such Driving Range Improvements shall be and remain the property of
the Lessee, and Lessee shall have full right in and control over such Driving Range Improvements. Such
exclusive right in the Driving Range Improvements shall remain that of Lessee subsequent to the
expiration of this Lease and forever thereafter.
(c) All improvements made to and in the Driving Range prior to the acquisition of the
Premises by the City ("Prior Improvements") shall remain the exclusive property of the Lessee. The
parties agree that Lessee may not further improve or alter the Prior Improvements without the prior
written consent of the City. Such exclusive right in the Subsequent Improvements shall remain that of
Lessee at the expiration of this Lease and forever thereafter.
(d) Lessee, at its sole cost and expense, will control all noxious weeds whenever weed
control measures are required by law or regulation.
(e) Lessee agrees to keep in good condition and repair any and all necessary and lawful
drainage ditches which may be around said Premises or any portion thereof during the term of this Lease
and to save and hold the City harmless of and from any and all costs, charge, expense, penalty or damages
by reason of any failure by Lessee to promptly comply with any lawful requirements in respect to keeping
in repair of any drainage ditches on said Premises during the teen hereof.
(f) No shrubbery, trees, or vegetation of high growth shall be planted or cultivated by Lessee
upon said Premises.
(g) Lessee shall not cut or remove any tree now growing on said Premises without the prior
written consent of the City.
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11. NUISANCE
Lessee shall not permit the existence of any nuisance on the Premises; shall keep the Premises in clean
and safe condition and free of any explosive, flammable or combustible material which would increase
the risk of fire, except such material necessary to Lessee's or any permitted sub-Lessee's Permitted Use,
which material shall be handled, used and stored in compliance with applicable law pertaining to such
substances; shall not handle or store any dangerous or potentially dangerous materials or any hazardous or
toxic materials, as defined under state or federal laws.
12. ENVIRONMENTAL CONCERNS
Lessee shall not create or permit any condition on the Premises that could present a threat to human health
or to the environment. Lessee shall indemnify and hold harmless the City and its affiliates from any suit
or claim growing out of any damages alleged to have been caused, in whole or in part, by an unhealthy,
hazardous or dangerous condition caused by, contributed to, or aggravated by Lessee's or sub-Lessee's
violation of any law, ordinances, regulations or requirements pertaining to solid or other wastes,
chemicals, oil and gas, toxic, corrosive, or hazardous materials, air water (surface or ground water) or
noise pollution, and the storage, handling, use or disposal of any such material. Lessee shall bear the
expense of all practices or work, preventative or remedial, which may be required because of any
condition of the Premises caused or permitted by Lessee or any sue of the Premises by Lessee or those
claiming by, through or under Lessee, during Lessee's period of occupancy or during Lessee's ownership
or use prior to the date of this Lease. Lessee expressly agrees that the indemnification and hold harmless
obligations it hereby assumes shall survive cancellation of this Lease. Lessee agrees that statutory
limitation periods on actions to enforce these obligations shall not be deemed to commence until the City
discovers any such health or environmental impairment and Lessee hereby knowingly and voluntarily
waives the benefits of any shorter limitation period.
The City shall have the right, but not the duty, to enter upon the Premises from time to time as set froth
below to inspect the Premises for environmental contamination and in the course thereof to conduct soil
and ground water testing. City may enter the Premises during regular business hours of Lessee without
prior notice, and may enter the Premises during periods other than regular business hours either with prior
written consent of Lessee or without if the City reasonably believes that an emergency exists on the
Premises. The City shall conduct any such inspections or testing so as to minimize interference with
Lessee's business operations. The City's entry on the Premises pursuant to this paragraph shall not
relieve the Lessee's obligation to pay rent under this Lease.
13. COMPLIANCE WITH LAW
Lessee shall comply with all federal, state, local and police requirements, regulations, ordinances and
laws respecting the Premises and the activities of Lessee conducted thereon. Lessee shall pay any costs
associated with such compliance.
14. INDEMNITY
(a) Lessee shall indemnify, defend, and hold the City and its officers, employees, agents and
contractors, and the City's property, including the Premises, harmless against and from all claims
(including without limitation, actions, demands, expense, costs, attorney's fees, court costs and
judgments) for death of or injury to persons whomsoever or loss or destruction of or damage to property
whatsoever occurring on the Premises or in any way arising out of or caused or contributed to by the
Lessee's presence on or use of the Premises hereby leased, except when such claims are caused by the
sole gross negligence of the City.
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(b) Lessee shall and does hereby assume all risk of loss or destruction of or damage to any
property of Lessee brought upon or into the Premises and to any property belonging to others brought and
held upon the Premises by Lessee or others; and Lessee hereby releases and agrees to indemnify and hold
harmless the City from all claims arising from such loss, destruction and damage.
(c) Lessee also assumes all risk of loss or damage to animals escaping either from said
premises or from its adjacent lands to any other property or land owned by the City. Lessee also agrees to
keep the Premises clear of combustible materials.
(d) The provisions of this Section shall survive the termination of this Lease.
15. TERMINATION
(a) If Lessee shall default in any of its covenants or agreements, and such default shall not be
remedied or corrected (or in the City's sole judgment an appropriate remedy or correction has not
effectively commenced) within ten (10) days after written notice by the City to Lessee of such default,
then this Lease may be terminated by the City immediately by giving notice of termination to Lessee.
(b) Either party may cancel this Lease at will with thirty (30) days advance written notice to
the other party at the other party's Notice Address as provided for in Sections 1(g) and 1(h).
(c) Unless the City provides Lessee advance written notice otherwise, Lessee is obligated, on
termination of this Lease, at Lessee's sole cost and expense, to remove or cause to be removed, any lessee
improvements, including, but not limited to: (i) any fences erected on the Premises; (ii) any Driving
Range Improvements; and (iii) any Prior Improvements, located on, above or below the surface of the
Premises. Lessee also agrees to restore and level the Premises to a condition reasonably satisfactory to
the City.
(d) Lessee acknowledges and agrees that upon termination of this Lease by the City, Lessee
shall have no right to receive, and City shall have no obligation to pay, any relocation benefits or fees.
(e) In the event the City terminates this Lease pursuant to Section 15(b) or in the event City
takes possession of any portion of the Premises, and provided that Lessee is not in default under any
requirements of this Lease, City shall do the following:
(i) If the termination occurs during a period in which the land has been planted and
not yet harvested, the City shall pay damages for land taken based on the number of acres times the
county average yield in bushels for non-irrigated farm land times the market value being paid on the date
of normal seasonal harvesting of the year in which termination or taking occurs. The City and Lessee
hereby acknowledge that any amount paid under this formula shall be the full and sufficient settlement of
any claim for damages related to such termination; or
(ii) If the termination occurs during a period in which the land has not been planted
or is under cultivation, the refund of prepaid rent, if any, shall be pro-rated.
(f) If the Lessee terminates this Lease, either by default pursuant to Section 15(a), or by
notice to the City pursuant to Section 15(b), no refund of any rent paid shall be made, and the City shall
have the option to require Lessee, at Lessee's expense, to plant suitable ground cover (i.e. grass) to
prevent erosion and control weed growth prior to redelivering the Premises to the City.
J:ACI,IEN"I~S~6149D00001AK0240J89.DOC
(g) Should Lessee fail to timely remove any Improvements as required to be removed by
Lessee by this Section, Lessee grants the City the absolute right to keep, convey, destroy or otherwise
dispose of the Improvements in any manner the City chooses, and in addition, Lessee agrees to pay any
costs incurred by the City in doing so within ten (] 0) days of receipt of the City's statement therefor, as
Additional Rent, subject to the provisions of Section 5(b).
(h) The provisions of this Section 15 shall survive the termination of this Lease.
16. CONDEMNATION
(a) If all or any part of the Premises is subjected to taking under eminent domain law, this
Lease shall terminate from the time possession is taken by the condemning entity. Prepaid rentals will be
prorated and the unearned rental returned to Lessee. Lessee agrees that it is not entitled to, and hereby
disclaims, any award made for such taking, excepting only an award issued solely and expressly to
compensate for the taking of tangible personal property owned by Lessee.
(b) Lessee acknowledges that Lessee has no interest in any award granted for any loss of the
right to use or lease the Premises, and expressly waives any claim Lessee may have to share in such an
award.
17. COSTS AND ATTORNEY'S FEES
If by reason of any default or breach on the part of either party in the performance of any of the
provisions of this Lease, it becomes necessary to retain an attorney, or use retained counsel, and expend
fees as a result of the other party's breach, then the breaching party agrees to pay all reasonable costs and
attorney's fees in connection therewith.
18. RIGHT OF RE-ENTRY
The City reserves the right to re-enter the Premises at any time during this Lease without extinguishing
the Lessee's obligation to pay rent.
19. NOTICES
(a) Any notice, election or other correspondence required or permitted pursuant to this Lease
shall be deemed to have been properly given when made in writing and effective when delivered
personally to the party to whom directed, or when deposited in the United States mail, certified, with all
necessary postage or charges fully prepaid, return receipt requested and addressed to the party to whom
directed at this Notice Address specified in Section l(g) or 1(h).
(b) Either party hereto may change its address for the purpose of receiving notices or
communications hereunder by furnishing notice thereof to the other party in compliance with this section.
20. SEVERABILITY
Unless otherwise provided, or unless the context shall otherwise require, words importing the singular
number shall include the plural number, words importing the masculine shall include the feminine gender,
and vice versa. If any provisions of this Lease or any application hereof shall be found to be invalid or
unenforceable, for any reason, the remainder of this Lease and any other application of such provision
shall not be affected thereby.
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Enforceability, invalidity or illegality of any provision shall not render the other provision unenforceable,
invalid or illegal.
27. RESERVED RIGHTS
(a) The City reserves the right to construct, maintain and operate, or to permit to be
constructed, maintained and operated by others, any pipe, cable, telegraph, telephone or power
transmission line upon, over, across or beneath said Premises; and to enter upon or allow others to enter
upon any portion of said Premises to remove earth, sand and gravel therefrom, or for any other purpose.
(b) The City reserves the right to erect or allow to be erected and maintained such snow
fences as it may see fit upon any part of said Premises as fully as if this Lease had not been granted.
(c) The City reserves the exclusive right to erect signboards, and to permit others to erect
signboards, on said Premises at any time during the term of this Lease without payment of any sum,
whether as consideration or damages, to Lessee.
(d) It is specifically agreed that the City may enter upon and use the demised Premises at any
time, for the purpose of obtaining ingress to or egress from facilities or other lands the City, and the City
shall not be liable for any damages to Lessee for destruction of crops or grass, or otherwise, as a result
thereof, provided the City reasonably minimizes the loss or damage to crops necessary to provide such
access.
28. ADJACENT PREMISES
Lessee expressly agrees that it shall apply all of the terms, conditions, covenants and promises herein
contained to any land or property adjacent to the Premises ("Adjacent Premises") which Lessee may
occupy in all respects as though the Adjacent Premises had been specifically described herein.
29. DEFAULT
Should Lessee fail to perform any of the agreements aforesaid, the City may terminate this Lease without
notice, and in that event, unless the City requires Lessee to remove the same pursuant to this Lease, all
fences and/or other Improvements on said Premises shall become the property of the City.
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IN WITNESS WHEREOF, this Lease has been fully executed the day and year first above written.
"CITY"
CITY OF RIVERSIDE, MISSOURI
By: r~ ~t ./5'~t ,:~
Betty Bu fi, Mayor)
Atte$t: /;
`•/ ~~ ~
City Clerk
STATE OF MISSOURI
COUNTY OF PLATTE
SS.
"LESSEE"
ROBERT W. & LILLIE MARIE GIESEKE
_ u ~ :,
By: t~: apt-~ l~ ir,~~ `e
Robert W. Gieseke
Lillie Marie Gieseke
Federal Tax ID#
I certify that I know or have satisfactory evidence that Betty Burch signed this instrument and
acknowledged it as the Mayor of The City of Riverside, Missouri to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument. n ~
DATE: I~ ~ ~~
NOTARY PUBLIC
CAPJDY GRAM
Notary Pubic Notary Seai
STATE OF MISSOURI ) State of Missouri
~ nne County
SS. My r ~.,~.~ ~,, ~ :~~rtes ~.
COUNTY OF PLATTE ) ~ ~~„n~~.*~ ""°'~°
~[\
[ certify that I know or have satisfactory evidence that Robert W. Gieseke and Lillie Marie Gieseke
signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes
mentioned in the instrument.
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AMY J !1{dJClc
N07'11RY PUBLIC S'I•A78 Q MR~OURI
C6AY000NtY
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NOTARY P `BJ C
My Commission Expires: IU U ~
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