2026 Farm Leases

FIELD LEASE AGREEMENT

THIS FIELD LEASE AGREEMENT (hereinafter "Agreement") is made and entered into as of the last date executed by a party hereto as indicated below, by and between ST. CHARLES COUNTY, MISSOURI, a Charter County and Political Subdivision of the State of Missouri (hereinafter "COUNTY"), and Selected Bidders Name. (hereinafter "FARMER").

WITNESSETH:

WHEREAS, COUNTY is the owner of a certain tract of land designated as Broemmelsiek Park, in Wentzville, Missouri, which contains previously farmed fields. Said fields are approximately designated on the attached Exhibit "Broemmelsiek Park Land Lease" as available park land farming areas (hereinafter "Premises"); and

WHEREAS, COUNTY desires to see the Premises remain actively farmed without incurring additional expenses upon itself, at this time, to maintain these fields; and

WHEREAS, COUNTY desires to have a predetermined revenue from the farming of the Premises and does not wish to speculate on possible revenue from crop yields which can vary due to weather and flooding conditions; and

WHEREAS, FARMER desires to farm the Premises for a fee; and

WHEREAS, COUNTY and FARMER wish to enter an agreement specifying the terms and conditions under which FARMER may have use of the Premises to grow crops.

NOW, THEREFORE, in consideration of the recitals hereinabove and the mutual promises and obligations hereinafter stated, the parties agree as follows:

ARTICLE I

TERM OF AGREEMENT

1.1 TERM OF AGREEMENT. This Agreement shall commence January 1, 2027, for an initial period which shall terminate on December 31, 2027. The Agreement shall automatically renew for two (2) additional one-year (January - December) extensions. The Agreement may be terminated by either party at the expiration of the initial or any additional term by either party giving to the other party thirty (30) days notice of their intention not to renew this Agreement, or as otherwise provided herein.

ARTICLE II

GENERAL PROVISIONS

2.1 ACREAGE. FARMER shall farm the Premises designated on Exhibit "Broemmelsiek Park Land Lease" attached hereto and made a part hereof as if fully set out herein. The Premises consists of a total of approximately 79 acres of farmland of which 64+/- acres shall be in hay (purple on exhibit) and 15 acres shall be in row crop (orange and green on exhibit). The farmer agrees to work with the Parks Department to plant one of the orange fields in corn which will be left for wildlife cover and be used as a corn maze for recreational purposes. The remaining orange field and the green field will be planted as a harvest crop. The orange field that will be planted with corn shall alternate year to year. Additionally, in the fields designated for hay crop, there is a natural surface trail that shall remain in use as a trail by the public and will be mowed regularly by parks department personnel.

2.2 CROPS RESERVED FOR WILDLIFE. FARMER shall leave some crop unharvested for wildlife.

2.3 ACCESS. FARMER shall have the right of ingress and egress to the Premises in order to plant, maintain and harvest the crops.

2.4 CROPS. FARMER shall determine the type, kind and number of crops which shall be planted pursuant to this Agreement. FARMER shall also determine the manner in which said crops are planted, rotated, harvested, and sold.

2.5 COSTS. FARMER shall pay all costs of labor, material, and seed expended in furtherance of this Agreement.

2.6 CHEMICALS. FARMER shall not spread, dump or otherwise use any chemicals on the premises, including fertilizers, herbicides and pesticides, without the prior authorization of the Director of Parks and Recreation or their designee.

2.7 USE OF LAND BY COUNTY. COUNTY may, from time to time, use any portion of the Premises for COUNTY purposes. Such County use may include, without limitation, (a) leasing a portion to third parties, or (b) periodic mowing or other maintenance of fields not then growing crops. In the event a portion is leased or required for COUNTY use prior to the crops being harvested and the crops thereon are thereby damaged or destroyed, COUNTY shall reimburse FARMER for his cost of chemical, fertilizer and seed, provided FARMER produces documentation of these costs. COUNTY shall also reimburse FARMER a proportional amount of the annual fee based on acreage damaged or destroyed by COUNTY or its lessee(s). No additional costs or expenses other than those expressly listed herein shall be reimbursed by COUNTY (for example, equipment, labor or potential income are NOT reimbursable).

ARTICLE III

PAYMENTS

3.1 PAYMENT TO COUNTY. FARMER shall pay a fixed annual fee of $0,000.00 which is based on site usage and not crop sales, for each year this Agreement is in effect. The pre-determined fixed amount shall be paid by the FARMER and will not vary because of crop sales. The full amount shall be due upon the signing of this Agreement and upon each renewal and, if in the form of a check, shall be made payable to St. Charles County.

ARTICLE IV

CLAIMS AND LIABILITY

CLAIMS AND LIABILITY. FARMER hereby releases, indemnifies and holds harmless COUNTY, its officers, employees, servants, agents, guest or business visitors from any and all loss, claims, suits or any liability whatsoever, whether made, instituted or asserted by FARMER or any other party or person, for any personal injury to or death of any person or persons, for any loss, damage or destruction of any property whether owned by FARMER or others arising out of any act or omission by any one or more of FARMER or his officers, employees, servants, agents, guest or business visitors, and FARMER agrees to indemnify each of them for all damages and expenses, including attorney's fees, arising therefrom.

ARTICLE V

DAMAGE OR CHANGE TO COUNTY PROPERTY

5.1 DAMAGE TO COUNTY PROPERTY. FARMER shall be responsible for any damages, caused by FARMER or his officers, employees, servants, agents, guest or business visitors, to COUNTY property.

5.2 CONSTRUCTING OR ALTERING IMPROVEMENTS PROHIBITED. FARMER shall not erect any structures, temporary buildings, or other improvements within the Premises without prior written consent of the Director of Parks and Recreation. FARMER shall not alter, erect or destroy any fencing within the Premises without prior written consent of the Director of Parks and Recreation.

ARTICLE VI

COMPLIANCE WITH LAW

6.1 COMPLIANCE WITH LAW. COUNTY and FARMER hereby agree that this Agreement is entered into subject to compliance with all provisions of federal law, the Constitution and laws of the State of Missouri, the Charter and Ordinances of St. Charles County, and the rules and regulations of the St. Charles County Department of Parks and Recreation, as the same shall apply hereto.

ARTICLE VII

LIMITATIONS

7.1 SUBLEASE PROHIBITED. This Agreement is non-transferable and non-assignable. FARMER shall not assign, sublease or otherwise encumber any part of the Premises without the prior written consent of the Director of Parks and Recreation.

7.2 INDEPENDENT CONTRACTOR. FARMER is an independent contractor and no employee-employer relationship is created by this Agreement.

7.3 NO AUTHORITY TO OBLIGATE COUNTY. FARMER has no authority to bind or obligate COUNTY in any way.

7.4 USE OF AREAS. FARMER shall only use COUNTY owned property and specifically those areas designated on Exhibit "A" for the purpose described in this Agreement. FARMER shall not store any equipment within the Premises without the written consent of COUNTY. FARMER shall not drive or otherwise move farming equipment except within those areas designated on Exhibit "A" for ingress and egress.

ARTICLE VIII

TERMINATION

8.1 TERMINATION. COUNTY reserves the right to terminate this Agreement at any time in the event FARMER is in breach of any term or condition hereof, and in such event FARMER shall not be entitled to any reimbursement. In addition, as the Premises is "park property" which may eventually be developed for park use, COUNTY may in its sole discretion terminate this Agreement upon thirty (30) days written notice to FARMER; in the event such cancellation occurs prior to FARMER'S crops being harvested, COUNTY shall reimburse FARMER for his cost of chemicals, fertilizer and seed expended prior to the notice of termination, provided FARMER produces documentation of these costs, and COUNTY shall also reimburse FARMER the annual fee paid for that year. No additional costs or expenses other than those expressly listed herein shall be reimbursed by COUNTY (for example, equipment, labor or potential income are NOT reimbursable).

8.2 CONDITION OF PREMISES. Upon termination of this Agreement, FARMER shall deliver possession of the Premises to COUNTY in good condition and free of any equipment or debris used in the farming of said Premises.

This Agreement may be executed in counterparts, each of which shall be deemed an original for all purposes and all of which together constitute one and the same instrument. This Agreement may be executed and delivered by facsimile or other electronic signature by either party and such signature will be deemed binding for all purposes hereof without delivery of an original signature being thereafter required.

IN WITNESSETH WHEREOF, the parties have signed this Agreement on the date last written below.

Executed by the County this _______ day of ___________________, 2026.

Executed by ___Farmer__ this ______ day of __________________, 2026.