Loading...
HomeMy Public PortalAboutORD13379 BILL NO. 2002-10 SPONSORED BY COUNCILMAN _Jackson ORDINANCE NO. f .> > 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FISCHER GRAIN FARMS, INC. FOR AGRICULTURAL LEASE. WHEREAS, Lessor wishes to continue leasing City property in Callaway County near Jefferson City Memorial Airport. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Fischer Grain Farms, Inc. for Agricultural Lease. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Z_w✓ it Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City C1 4(k City Counselor • CITY OF JEFFERSON AGRICULTURAL LEASE AGREEMENT THIS LEASE AGREEMENT, executed this day of .__ __., 2002, by and between the City of Jefferson,Missouri,a municipal corporation,hereinafter referred to as"Lessor,"and Fischer Grain Forms, Inc„ hereinafter referred to as "Lessee." WITNESSETH: THAT WHEREAS, Lessor has this day leased unto Lessee the following described property, situated in the County of Callaway, State of Missouri, to-wit: Certain tillable land, the total area of which is approximately two hundred thirty (230) tillable and fifty (50) alfalfa only acres located on the Jefferson City Memorial Airport shown on the attached Exhibit A; arid, Certain tillable land, the total area of which is approximately two hundred ten (284) acres around the landing areas of the Jefferson City Memorial Airport shown on the, attached Exhibit B. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the Lessor and the Lessee: 1. Lease Period. The initial period of this Lease shall be effective from the .___. day of 2002 through the 31" day of October,2003. With the consent of both parties, this cor•lrcict may be extended for two (2) additional one (1) year periods,commencing the 1`'clay of January of each year through the 31"day of December of the some year. 2. Notice of Termination of Agreement. Lessee shall inform Lessor of its clesire to extend this lease by Oclobar 31'' of each year for each one (1) year option. 3. Rental. The Lessee,in consideration of the leasing of the above described premises,hereby covenants and agrees with the Lessor to pay the Lessor as rent for said premises the price of Eighty Dollars ($£30.00) per tillable acre and Ten Dollars ($10,00) per alfalfa only acre s described in Exhibit A, and the price of One Hundred Thirty- One Dollars and Five Cents ($131.05) per,tillable acre as described in Exhibit f3. Unless such an agreement modification has been established,rent shall be calculated on a total of 50 acres of alfalfa only, for a total of Five Hundred Dollars($500.00)and two hundred thirty(230) tillable acres,for a total of Eighteen Thousand Four Hundred Dollars ($18,4170.00) for acres described in Exhibit A and on a total of 284 tillable acres with 140 tillable acres being tilled per year for a total of Eighteen Thousand Tnree Hundred Forty-Seven Dollars and Twenty Cents ( $18,347.00) for acres described in Exhibit B for the 2.002 growing season. lessee shall pay Lessor as rental for the growing seasons of 2003, 2004, 2005 the following amount: H:\Contract F11es\1easos\Tischer pram\2002 leas.:a.wr» EXHIBIT A E EXHIBIT B GROWING AMOUNT PER AMOUNT PER AMOUNT PER SEASON TILLABLE ACRE ALFALFA ONLY ACRE TILLABLE ACRE 2003 $80.00 $10.00 $131.05 2004 $80.00 $10,00 $131.C5 Such rental is due and payable on or before December 31 of each year. In the event of flooding during a growing season, rent shall be one-third (1/3) of the cash va)ue of any crop harvested. h. Expenses. Lessee shall provide and pay for all items and expenses involved in planting and harvesting the crops, The Lessor shall be solely responsible for any levee assessments on the land. 5. Crops Sown. Restricted acres as shown or)Exhibit "A"must have low growing crops such as beans,wheat,oats,or other small grain crops which shall be approved by the Director of the Department of Transportation. The lessee may plant corn or any other crop in the unrestricted areas. Areas labeled as "alfalfa only" shall be restricted to only that crop. Acres in Exhibit "B" shall be restricted to corn only. 6, Harvesting and Removal of Crops. All crops shall be harvested (and removed prior to December it of any year which is a termination anniversary of the lease, unless other specific arrangements are made in writing between the parties. 7. Interference with Airport Operations_ It is understood and agreed by the parties hereto that the Lessee will not of any time sow, plant, cultivate, harvest or do any other work of whatsoever nature on any of the areas specified in said Lease,when same shall interfere with any aeronautical activities of the Jefferson City Memorial Airport. The rights granted by this agreement will not be exercised in such a way as to interfere with or adversely affect the use,operation, maintenance or development of the airport. 8. Right to Reclaim Acreage. It is understood that the City of .Jefferson has the right to reclaim any part of the acreage should it be needed for airport purposes and an appropriate reduction in the rents to be paid will be made, as may be agreed upon by the Lessor and the Lessee. 9. Runway visibility. No corn shall be planted on any plot that interferes with runway visibility,and such corn that is planted shall be planted at the direction of the Director of Transportation so as not to interfere with runway visibility or constitute an obstruction on approaches. These are the areas designated as Restricted Tillable or Alfalfa only. 10. Operation of Equipment. The Lessee should inform the Airport Division Director or the on-duty lower controller before operating vehicles or equipment on airport property. No farm machinery or vehicles of any kind are to be left unattended or overnight within seven hundred fifty (750) feet of the centerline of runway 1 2/30, nor within the thresholds of runway 12/30 within a strip three thousand (3,000) feet (or to the property line) from the H;\Conlrarr FitasVeases\flscher(rain\2W21easr).Y%,pc7 - 2 - end of the runway along the extended centerline and one thousand five hundred (1,500) feet wide; nor within five hundred (500) feet of runway 9/27, nor within restricted areas around the Instrument Landing System (ILS) as designated by the Director of Transportation, or other areas designated by the Director of Transportation, Equipment and vehicles should not traverse in front of the ILS Glide Slope without clearance from the .Jefferson City Control Tower or Airport Division Director. 1 l . Grass Control. It is agreed that Lessee shall maintain an effective Johnson Gralss Control Program. The City shall furnish fifty percent (50%) of sprays or chemicals as may be necessary to control or tail the Johnson Grass. 12. Covenant to Comply with Federal Regulations. The Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race,color,or national origin shall be excluded from participation in,denied the benefits of,or be otherwise subjected to discrimination in the use of said facilities,(2) that in the construction of any improvements on,over,or under such land and the furnishing of services thereon,no person on the grounds of race,color,or national origin shall be excluded from participation in,denied the benefits of,or otherwise be subjected to discrimination, (3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to federal, state and local laws and regulations. 13. Insurance. Lessee agrees that it will at all times maintain general liability insurance, with a reputable insurance company,in the amount of$2,000,000. This insurance shall assure the obligation of the Lessee to save the Lessor harmless from any and all claims for damages arising on the demised premises or resulting as a direct or Indirect consequence of the occupation and use of said demised premises. Current copies of said insurance policy or certificate of insurance shall be furnished to the Lessor and shall be promptly replaced upon expiration. Lessor shall be named as an additional insured on the policy. Lessee shall save Lessor harmless from any loss,cost or damage that may arise in connection with this lease or the use of demised premises by Lessee, or his/her agents, or employees, or any other person using the premises. 14. Use of Well. A well is located upon the property clescribed in Exhibit A and Exhibit B. Such well shall be made available to Lessee for Lessee's use and enjoyment. 15. Assignment and Mortgage. Neither the demised premises nor any portion of them shall be sublet, nor shall this lease, or any interest in it be assigned, hypothecated or mortgaged by Lessee, and any attempted assignment, subletting, hypothecation or mortgaging of this lease shall be of no force or effect,and shall confer no rights upon any assignee, sublessee, mortgagee or pledgee. In the event that Lessee shall becorne incompetent, bankrupt, or insolvent, or should a guardian, trustee, or receiver be appointed to administer Lessee's business or affairs, neither this lease nor any interest here shall become an asset of such guardian, trustee or receiver, and in the event of the appointment of any such guardian, trustee, or receiver, this lease shall immediately terminate and end. W Contract n000mesvischer grain\ 0)21nase.wpa - 3 - 16, Default. 40 In the event that Lessee shall be in d foul!of any payment o f any rent or in the performance of any of the terms or conditions agreed to be kept and performed by Lessee, then in that event. Lessor may terminate and end this lease, immediately, and Lessor may enter upon the premises and remove all persons and property,and Lessee shall not be entitled to any money paid or any part of that money;in the event Lessor shall bring a legal action to enforce any of the terms of this lease, or to obtain possession of the premises by reason of any default of Lessee,or otherwise,Lessee agrees to poy Lessor all costs of such legal action, plus the sum of Five Hundred Dollars ($500.00). 17. Waiver. Waiver by Lessor of any default in performance by Lessee of any of the terms, covenants, or conditions contained here,shall no! be deemed a continuing waiver of that default or any subsequent default. 18. Compliance with Laws. Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the demised premises and their use. 19. Lessor May Enter. Lessee agrees that Lessor, its agents or employees, may enter upon the pret-nises at any time during the term or any extension of it for the purpose of inspection, maintenance, digging tell holes, making surveys, taking measurements, and doing similar work necessary for the preparation of plans for construction of buildings or improvements on the premises,with the understanding that the work will be performed in such a manner as to cause a minimurn of interference with the use of the property by Lessee. 20. Successors in Interest. All of the terms,covenants and conditions contained here shall continue,and bind all successors in interest of Lessee, 21. Lessor's Reserved Rights. A. Lessor reserves the right (but shall not be obligated to Lessee) to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard. B. Lessor reserve the right further to develop or improve the landing area and all publicly-owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance. C. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together will) the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of Lessor wou!d limit the usefulness of the airport or constitute a hazard to aircraft. D. During time of war or national emergency, Lessor shall have the right to enter into an agreement with the United States Governmen! for military or naval use of part or all of the landing area,the publicly-owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument,insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. H;\Contract Files\leasesVischer grain\?U)?leaso.wnd - 4 - E. It is understood and agreed that the rights granted by this agreement will not be exercised In such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport, F. There is hereby reserved to the City of Jefferson City,its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft In the airspace above the surface of the premises herein conveyed,together with the right to cause in said airspace such noise as may by inherent in the operation of aircraft, now known or hereafter used for navigation of or night In the air,using said airspace or landing at, taking off from, or operating on or about the: airport. G, This lease shall becorne subordinate, to provisions of any existing or future agreement between the Lessor and the United States of America or any agency thereof relative to the operation,development,or maintenance of fhe airport, the execution of which has been or may be required cis a condition precedent to the expenditure of federal funds for the development of the airport. H. Lessor,through its duly authorized agent,shall have at any reasonable time during business hours the full and unrestricted right to eater the leased premises for the purpose of inspection, 22. Paragraph Headings. The paragraph headings contained herein are for convenience in reference and are not intended to define or Limit the scope of any provision of this lease. 23. Notices, Consents and Approvals. Whenever any notice or payment is required by this Lease to be made, given or transmitted to the parties hereto, such notice or payment shall be deemed to have been given if enclosed in can envelope with sufficient postage attached to insure delivery, and deposited in the United States mail, addressed to: LESSOR City of Jefferson City of Jefferson Transportation Department Community Development Department Airport Division - Exhibit A Wastewater Division - Exhibit B 320 East McCarty Street 320 East McCarty Street Jefferson City, MO 65101 Jefferson City, MO 65101 LESSEE Fischer Grain Forms, Inc. 1905 Old Mokane Road Jefferson Cily, MO 65101 or such other place as either party shalt in writing designate in the manner herein provided. 24. Successors and Assigns• All of the terms,covenants and agreements herein contained shall be binding upon and shall inure to the benefit of successors and assigns of the respective parll s hereto, • HAConlract loase.wpd - 5 - 25. Amendments to Lease. All amendments to this lease must be made in writing by mutual agreement to the parties, and no oral amendments shall be in force or effect whatever. 26. Jurisdiction. This Lease shall be governeO by and construed in accordance with the laws of the State of Missouri, 27. Complete Agreement. This covenants and agreements contained in this Lease shall be binding upon and shall inure to the benefit of the parties of this Lease, their respective successors, administrators, executors and assigns. tN TESTIMONY WtIEREOF,the parties have hereunto set their hands and seals this day cat' ,2002. CITY OF JEFFERSON, MISSOURI FISCHER GRAIN FARMS, INC. yo Y GC Grp/ r� Title: V 1 ATTEST: ATTEST: FJ City Clerk Title: APPR VEDAS , FORM: City ounselor I lic\Contract nesveases\Bscher®rain\200?leasempd - 6 - 3T rr r/fife.n` z t •i' Ft .tG3 k'fi , U 2' N i ( f .. .. u � a r QH 44 2 m j j : � F • jjio ' g.."