INVITATION TO BID: RENTAL OF FARM AND PASTURE LAND VENDOR Name:_________________________________________________ Address:________________________________________________ City:______________________ State:____________ Zip:________ Bid completed for (please check): [] Parcel No. 1 Rental of farm/pasture land in Adair County, Missouri [] Parcel No. 2 Rental of farm/pasture land in Knox County, Missouri BID OPENING December 12, 2013 2:00 p.m.
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INVITATION TO BID: RENTAL OF FARM AND PASTURE LAND
[] Parcel No. 1 Rental of farm/pasture land in Adair County, Missouri
[] Parcel No. 2
Rental of farm/pasture land in Knox County, Missouri
BID OPENING December 12, 2013
2:00 p.m.
BID INSTRUCTIONS
Submission of Bids Bids should be submitted on the Bid Form provided in this packet. The Bid Form shall be signed and submitted in a sealed envelope. On the outside of the sealed envelope, please display clearly the following:
The number and description of the parcel(s) included in the bid
The bid due date: Thursday, December 12, 2013
The time of bid opening: 2 p.m. Delivery of Bids Bids should be mailed or hand-delivered to The Benson Law Firm, P.O. Box 291, 111 South Baltimore, Kirksville, MO 63501 in order to be received in the Law Office prior to the bid opening. Bids received after said time will be returned to the bidder unopened. It is fully the responsibility of the bidder to ensure that the bid is received on time. The Law Firm will not speculate as to reasonableness of the postmark, nor comment on the apparent failure of a public carrier to have made prompt delivery of the bid. Accept/Reject Bids The Law Firm reserves the right to reject any and/or all bids; or to waive any technicality it deems in the best interest of the property owner.
BID NOTICE
The Conservator of the Estate of Van E. Jones is interested in securing persons, firm, and/or corporations, to rent one or both of two (2) parcels of farm and pasture land in Adair County, Missouri and/or Knox County, Missouri. Parcel 1 includes 46 acres of farm land currently in row crop production and 163 acres of pasture land in Adair County. Parcel 2 includes 160 acres of pasture land in Knox County. All acreage is tillable. The property in Knox County will be open for viewing by interested parties on Saturday, December 7 from 1:30 – 3 p.m. The Adair County property will be open for viewing on Sunday, December 8 from 1:30 – 3 p.m. Bid packets are available at The Benson Law Firm, 111 S. Baltimore, Kirksville, Missouri or online at http://issuu.com/bensonlaw/docs/bid_packet_farm_and_pasture_land. Interested parties may call Mark Smyser at (660) 251-1905 with questions about the land. Proposals will be accepted until 2 p.m., on Thursday, December 12, 2013.
GENERAL CONDITIONS 1. The Estate desires a one-year lease with an option to renew for an additional three (3) years. 2. The Lessor is responsible for the payment of real estate taxes. 3. Payments will be required to be paid as follows:
One-half (1/2) of total payment due on or before April 15 each year, beginning with April 15, 2014
One-half (1/2) of total payment due on or before November 1 each year, beginning with November 1, 2014.
SCOPE OF BID The land will be bid as two (2) separate parcels: Parcel 1: Adair County, Missouri Currently in row crop production: 46 acres Currently pasture land: 163 acres Parcel 2: Knox County, Missouri Currently pasture land: 160 acres Questions related to the bid should be directed to: Mark L. Williams Attorney for the Estate of Van E. Jones The Benson Law Firm P.O. Box 219 111 S. Baltimore Kirksville, MO 63501 (660) 627-1111
BID FORM Date:________________________ To: The Benson Law Firm P.O. Box 219 111 South Baltimore Kirksville, MO 63501 I understand the scope of the project for leasing land described in this bid document and hereby propose to enter into a lease in accordance with conditions contained in the sample lease. I therefore agree to pay the following amount, per acre, as follows:
Year 1 Year 2 Year 3 Year 4
PARCEL 1 Adair
County
Year 1 Year 2 Year 3 Year 4
PARCEL 2 Knox
County
Term of Lease Requested:______________________________ Term of Renewal Requested:___________________________
BID MUST BE SIGNED TO BE CONSIDERED
Signature:________________________________________________________ Printed Full Name:________________________________________________ Address:_________________________________________________________ Telephone:_________________________________________________________ Email Address:_____________________________________________________
SAMPLE LEASE
This Cash Lease Agreement made and entered into this _____ day of December,
2013, by and between Mark Smyser, Conservator for the Estate of Van E. Jones, of Knox
County, Missouri, hereinafter referred to as “Lessor”, and Name, of County, State,
hereinafter referred to as “Lessee”;
WITNESSETH:
I. SUBJECT MATTER: The Lessor does hereby lease and demise unto
Lessee and the Lessee hereby accepts, subject to the terms, restrictions, covenants and
conditions set forth herein, which the respective parties agree to keep and perform with
regard to the real property Number of Acres of agricultural land hereinafter described
and located in Sections/Township/Range/Direction, County, Missouri. This lease
provides for the letting only of those portions of the real estate that are outlined in the
said Sections land identified as Farm No. XXXX, and only those portions of the real
estate as outlined and identified on the attachments hereto and which are appropriate
for row crop production and pasture land to wit:
[Insert legal description of parcel here]
II. TERM: The term of this lease shall begin January 1, 2014, and shall
terminate on December 31, 2014. Provided, however, in the event that weather
conditions prevent the completion of the fall harvest before the 30th day of November,
2014, the Lessee shall have the right to enter the premises for the purpose of completing
the harvest after said date. This Lease shall be automatically renewed for a term of three
(3) years, said term commencing on January 1, 2015 and terminating on November 30,
2018, subject to Lessee’s right to harvest crops as set forth above. Provided, however,
that either party may give to the other party, in writing, notice of termination hereof,
delivering to the other party written notice sixty (60) days prior to the end of any
particular term of the Lease. Lessee shall deliver peaceful possession of the land
described herein at the termination of this Lease.
III. RENTAL: The Lessee agrees to pay, as rent, to the Lessor, and
the Lessor agrees to accept the annual rent in the amount of [to be determined].
The parties agree that in the event that payment is not made on or before April 15 of
any year and November 1 of any year, this Lease shall terminate forthwith and any
tillage done on the premises shall become the property of the Lessor, and there shall be
no reimbursement due the Lessee therefor.
IV. ASSIGNMENT: The Lessor and the Lessee agree that the Lessee may
not assign, sublet or anywise transfer all or any part of their interest under this Lease
Agreement, or in the real property described herein, without the prior written
permission of the Lessor.
V. PERMITTED USES: The Lessor and the Lessee specifically agree
that this Lease Agreement is being made solely for agricultural purposes and that no
commercial activity, of any kind or nature, shall be conducted upon the premises
without specific written permission of the Lessor.
VI. FARMING PRACTICES: It is agreed and understood by and between
the parties hereto that during the term of this Lease Agreement, the Lessee shall employ
good farming practices with regard to the farming of the real estate included within this
Lease Agreement and shall conduct its farming operation in an efficient and
workmanlike manner. Lessee agrees to follow the existing farm, if any, in regard to crop
rotation and tillage practices, including the farming of said land with the terraces
thereon, and shall not remove the crop residue for silage or baling. Lessee agrees to
keep said farm plan and practices in compliance with Lessor’s farm plan. The parties
agree that the Lessee shall maintain the terraces on the row crop land and agree that
Lessor may construct new terraces at Lessor’s expense, but must not do so in a manner
which will interfere with Lessee’s farming practices or destroy any growing crops of
Lessee.
It is expressly agreed and understood by and between the parties hereto
that Lessee shall pay the entire expense of tillage, application of any materials,
including seed, fertilizer and herbicides, and the expense of harvesting and transporting
crops to market. Lessee shall be responsible for applying lime to the land described
herein as needed to maintain a proper PH level. Lessee shall maintain the fertility of the
land described herein so that at the end of the term of this Lease, the fertility of the land
shall be equal to the fertility at the commencement of this Lease.
VII. INSPECTION: The Lessor reserves the right to make an examination
and inspection of the leased premises at reasonable times and in a manner which will
not interfere with Lessee’s use or occupancy of the premises. After the crops are
harvested on the above described premises, the Lessee agrees to permit the Lessor or his
agents, to enter the premises to do customary tillage and operations on any land from
which said crops have been harvested and removed.
VIII. PERSONAL LIABILITY: The Lessor and the Lessee agree that during
the term of this Lease Agreement, the Lessee shall be solely responsible for any liability
resulting from personal injuries, accidents or any other form of personal liability which
might arise by reason of the use or occupancy of the real property described herein by
the Lessee, members of their family, their agents, employees, licensees, invitees or any
other person who may be upon the premises described herein for the benefit of the
Lessee, or acting on their behalf. In addition to the Lessee holding Lessor blameless for
any personal liability relating to the use of the leased premises as described aforesaid,
the Lessee further agrees to indemnify the Lessor for any personal liability, of any
nature or kind, which they might incur due to the use or occupancy of the leases
premises by the Lessee.
IX. TAXES: Lessor will pay all assessed property taxes each year.
X. GOVERNMENT PROGRAMS: The Lessor and the Lessee agree that
during the term of this Lease Agreement, the Lessee shall receive the entire amount
which is received from any government payments paid on the real estate which is the
subject matter of this Lease Agreement. Provided, however, Lessee agrees that with
respect to Conservation Reserve Program (CRP), if any, on the land described
hereinabove, that Lessee waives any right to any interest in said program in any crop
year. The Lessee further agrees to execute a separate document waiving any right or
interest in the United States Department of Agricultural Conservation Program as it
applies to the land described hereinabove during any crop year.
XI. INCOME FROM CROPS: Because this is a crop rental agreement,
the Lessor agrees that the Lessee shall receive all income from the crops which are
grown and harvested on the real estate which is the subject matter of this Agreement
and the Lessee shall be responsible for payment of all expenses incurred in the planting,
raising, harvesting and transporting of such crops.
XII. RESERVATION OF RIGHTS: The parties to this Lease agree that the
only part of the premises described herein that is the subject matter of this Lease is the
row crop fields as outlined in Exhibit “A” attached hereto for the purpose of row crop
and grazing only. It is expressly understood that the use of all other land described
herein shall be retained and reserved by the Lessor, including all hunting rights on all
or any portion of the land described herein, and no hunting rights whatsoever are
transferred or assigned by reason of this Lease. The Lessor, and any person he rightfully
designates, shall have the right to hunt, fish, trap and camp on the said real property
provided that such activities do not interfere with the cultivation of Lessee’s crop.
XIII. DEFAULT OF LESSEE: If the Lessee shall fail to cultivate the real
property described herein as agreed, or shall fail to pay any rent required hereunder, or
shall fail to perform any of the covenants in this Lease contained, or shall assign this
lease, or shall sublet said real property or any part thereof without the written consent
of Lessor, this Lease shall, at the option of the Lessor, become null and void, and Lessor,
or his legal representative, shall have the right to re-enter and take possession of said
real property, using such force as may be necessary, with or (to the extent permitted by
law) without process of law, and all damages growing out of a failure to perform any of
the convenants of this Lease shall be added to and become a part of the rent,
recoverable as rent. Provided, however, in any case the Lessee shall be entitled to the
value of any unharvested growing crops. Lessee further agrees to pay all costs and
attorneys fees of Lessor necessary for the enforcement of this Lease. No waiver of any
right to re-enter or terminate, by acceptance of rent or otherwise, shall waive any
subsequent right to re-enter or terminate for any subsequent breach of any covenant,
term or condition of this Lease.
XIV. TERMINATION OF LEASE AGREEMENT: It is specifically
understood and agreed by and between the parties hereto that this Cash Lease
Agreement is for the 2014 crop year only and shall terminate on December 31, 2014, or
at such time as the completion of the harvest of the 2014 crop is completed, unless the
lease term is renewed as provided in Paragraph II hereof. [No further notice shall be
required to be given by the Lessor to the Lessee in order to terminate their tenancy.] The
Lessee specifically understands that they shall have no rights with respect to the real
estate which is the subject matter of this Cash Lease Agreement after the termination of
this lease as set forth herein. The Lessee shall not, without the prior written consent of
the Lessor, perform any fall plowing, discing or fertilization of the real property
described herein, and the Lessor shall have no obligation to reimburse the Lessee for
any expense incurred by the Lessee in connection with any such fall farming practices
unless the Lessor has given his written consent. The Lessee agrees to surrender the
above described premises at the expiration of the term of this lease without further
demand or notice, and in such condition as shall be in compliance with the provisions
of this Agreement.
XV. NOTICES: Any notice or demand required to be given under the terms
of this Lease may be given to the party to be served by personal service or by registered
or certified mail, addressed as follows:
If to the Lessor:
Estate of Van E. Jones
c/o Mark Smyser, Conservator
P.O. Box 401
Lancaster, MO 63548
If to the Lessee: [insert information]
XVI. USAGE AND GENDER: Throughout this Cash Lease Agreement, any
pronouns used in connection herewith shall be construed to include the plural as well
as the singular number and the masculine, feminine and neuter gender whenever and
wherever the context sole requires.
XVII. BINDING NATURE OF AGREEMENT: This Cash Lease Agreement shall
be binding upon the parties hereto, their heirs, personal representatives, successors and
assigns, if assignment is permitted.
IN WITNESS WHEREOF, the parties hereto have set their hands and subscribed
