HomeMy Public PortalAboutORD12598 BILL NO. 96-157
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`} SPONSORED BY COUNCILMAN Haake
ORDINANCE NO.�� If}
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FISCHER GRAIN
FARMS FOR AGRICULTURAL LEASE.
WHEREAS, Fischer Grain Farms has become the apparent best bidder on land for the i Y'
Agricultural Lease of Missouri River bottom;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Fischer Grain Farms is declared to be the best bid and is
hereby accepted.
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: ��r� "7, l l9 7 Approved: /7�P '✓' �i 5
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Presiding Officer Mayor I `
ATTEST: APPROVED AS TO FORM:
City Clerk City Co dlo
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CITY OF JEFFERSON
AMENDMENT TO AGRICULTURAL LEASE AGREEMENT
(�"NIIEREAS,the City of Jefferson,Missouri,a municipal corporation,with offices at 320 Past McCarty, Jefferson City,
ivtissouri,65101,hereinafter designated"Lessor,"entered into a Lease Agrecment with Fischer Grain Farms,located at 1905
1,hereinafter referred to as"Lessee,"an February 27,1998;and
Old Mokanc Road,Jefferson City,Missouri,6510
s for lease of agricultural property;and I
WHEREAS,th v b
e Lease Agreement was
WHEREAS,the parties wish to renew the Lease Agreement for a one(1)year period and amend the Lease Agrecment.
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NOW,THEREFORE,be it agreed as follows:
1. The Lease Agreement shall be for 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-five(235)acres around the landing
areas of the Jefferson City Memorial Airport shown on the attached Exhibit A.
2, Paragraph 1,"Lease Period,"of the Lease Agreement dated February 27, 1998,is hereby amended to read as follows:
I. Lease Period.
This Lease shall be effective from the 1"day of November,1999 through the 31"day of October,2000. With
the consent of both parties,this Lease may be extended for one(1)additional one(I)year period.
3. Paragraph 3,"Rental,"of the Lease Agreement dated February 27, 1998,is hereby amended to read as follows:
' 3. Rental.
The Lessee,in consideration of the leasing of the above described premises,hereby covenants and agrees with the 11
Lessor to pay the Lessor as rent for said premises the price of Nineteen Thousand Dollars($19,000)for the growing 1
season. Should the parties choose to renew this lease,Lessee shall pay Lessor Nineteen Thousand Dollars($19,000)
as rental for the 2001 growing season,based on two hundred thirty-five(235)acres.
Such rental is due and payable on or before October 31 of each year. In the event of Hooding during a growing season n.
estroy the crops,tine amount to be paid
to substantially dd shall be reduced to Thirty Dollars($30.00)per acre. Should
es to(case tillable acres at the price of Eighty Dollars($80.00)
the airport acquire additional property,tine Lessee agre
per acre.
4. All other sections of the Lease Agreement dated February 27, 1998 shall remain in effect as stated.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this �ay of October, 1999.
CITY OF JEFFE SON,MISS U FISCHER G FARM
Mayor
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A T: / ATTE T:
City Cler Title:
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City Counselor
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CITE''OF JEFFERSON
AGRICULTURAL LEASE AGREEMENT
THIS LEASE AGREEMENT, executed this? day of February, 1998, by and between the City of
Jefferson,Missouri,a municipal corporation,hereinafter referred to as"Lessor,"and Fischer Grain Farms,
hereinafter referred to as"Lessee."
WITNESSETH:
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THAT WHEREAS,Lessor has this day leased unto Lessee the following described property,situated in
the County of Callaway,State of Missouri,to-wit: i
Certain tillable land,the total area of which is approximately two hundred ten(2 10)acres
around the landing areas of the Jefferson City Memorial Airport shown on the attached
Exhibit A.
NOW THEREFORE,for the considerations herein expressed,it is agreed by and between the Lessor and
the Lessee:
1. Lease Period,
This Lease shall be effective from the 1st day of November,1990 through the 31st day of October, 1997. With
the consent of both parties,this lease may be extended for four(4)additional one(1)year periods.
2. Notice of Termination of Agreement,
' Lessee shall inform Lessor of its intention to extend this lease by September 1, 1997 and September 1 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 1
the Lessor to pay the Lessor as rent for said premises the price of Eighty Dollars($80.00)per tillable acre,and
Ten Dollars($10.00)per tillable acre of the area in the runway infield(labeled on Exhibit A),approximately
twenty(20)acres restricted for the sowing of alfalfa. Rent shall be calculated on a total of one hundred sixty-
seven (107)acres, for a total of Thirteen Thousand Five Hundred Sixty Dollars ($13,660.00)for the 1997
growing season. Should the parties choose to renew this lease,Lessee shall pay Lessor as rental for the growing
i seasons of 1998, 1999,2000 and 2001 the following amount based on two hundred ten(210)acres:
GROWING SEASON AMOUNT
1998 $17,000.00
1999 $17,000.00
2000 $17,000.00
2001 $17,000.00
Such rental is due and payable on or before October 31 of each year. In the event of flooding during a growing
season to substantially destroy the crops,the amount to be paid shall be reduced to Thirty Dollars($30.00)per
acre. Should the airport acquire additional property,the Lessee agrees to lease tillable acres at the price of
Eighty Dollars($80.00)per acre.
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4. l IXpell$es. `
�\ Lessee shall provide and pay for all items and expenses involved in planting and harvesting the crops. The
Lessor will be under no financial obligation in producing any crop. The Lessor shall be solely responsible for
any levee assessments on the land.
5. Crops Sown.
It is agreed and understood by the Lessee that Lessee will sow only oats,corn,wheat,alfalfa,soybeans or other
small grains and such other crops which may be authorized by the Director of Public Works for planting on the
above described premises.
G. Harvesting and Removal of Crops.
All crops shall be harvested and removed prior to December 31 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 at 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, i.
maintenance or development of the airport. i
8. Observance of Law.
Lessee agrees that at all times he will observe and obey any and all ordinances, rules and regulations
concerning same as laid down by the City through the Director of Public Works.
9. Rigbt to Reclaim Acrewre.
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.
10. Subletting/Assignment.
`! The Lessee shall not sublet or assign any portion of the premises to any other person without the consent of
the Lessor in writing having been first obtained.
11. 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 Public Works so as not to interfere with runway visibility or
constitute an obstruction on approaches.
12. Operation of Equipment.
The Lessee should inform the Airport Division Director or the on-duty tower 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 12/30,nor within the thresholds of !
runway 12/30 within a strip three thousand(3,000)feet(or to the property line)from the 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 0/27,nor within restricted areas around the Instrument Landing System(ILS)as designated
by the Director of Public Works,or other areas designated by the Director of Public Works. Equipment and
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vehicles should not traverse in front of the ILS Glide Slope without clearance from the Jefferson City Control
'r Tower or Airport Division Director.
13. Grass Control.
It is agreed that Lessee shall maintain an effective Johnson Grass Control Program. The City shall furnish filly
percent(50%)of sprays or chemicals as may be necessary to control or kill the Johnson Grass.
14. Covenant to Co ply with Federal Regulations,
The Lessee,for himself,his heirs,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 in the event
facilities are constructed,maintained,or otherwise operated on the said property described in this Lease for
a purpose for which a Department of Public Works Program or activity is extended or for another purpose
involving the provision of similar services or benefits,the Lessee shall maintain and operate such facilities and
services in compliance with all other requirements imposed pursuant to 40 CFR Part 21,Nondiscrimination
in Federally Assisted Programs of the Department of Transportntion,and as said Regulations may be amended.
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 it 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 40 CF R Part 21,Nondiscrimination in Federally Assisted Programs
of the Department of Transportation,and as said Regulations may be amended.
15. Insurance.
Lessee agrees that it will at all times maintain general liability insurance,with a reputable insurance company,
in the amount of$1,000,000. 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.
16. Location of Crops.
No crops will be grown within four hundred(400)feet of the centerline of runway 12/30(three hundred fifty
(350)feet from the edge of runway 12/30),nor within one hundred(100)feet of any other landing facilities,
taxiways or aircraft parking area,nor shown as"No Crop"areas on Exhibit A,nor in such a way as to obstruct
the line of sight from any point on a runway to any point on any other runway. Crops grown in the approaches
{ to all runways will be restricted to low-growing varieties as shown on Exhibit A.
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17. Use of Well.
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A well is located upon the property described in Exhibit A. Such well shall be made available to Lessee for
Lessee's use and enjoyment.
18. Assignment and Mort a e.
rT 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
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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 become 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 anti end.
19. Default,
In the event that Lessee shall be in default of any payment of 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 If ,
Lessee,or otherwise,Lessee agrees to pay Lessor all costs of such legal action,plus the sum of Five Hundred
Dollars($600.00).
20. Waiver,
Waiver by Lessor of any default in performance by Lessee of any of the terms, covenants, or conditions
contained here,shall not be deemed n continuing waiver of that default or any subsequent default.
21. 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.
22. Lessor May Enter.
Lessee agrees that Lessor,its agents or employees,may enter upon the premises at any time during the term
or any extension of it for the purpose of inspection,maintenance,digging test 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 minimum of interference with the use of the property by Lessee.
23. Successors in Interest.
All of the terms,covenants and conditions contained here shall continue,and bind all successors in interest of
Lessee.
24. 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 I .
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 with the right to prevent Losses from
erecting,or permitting to be erected,any building or other structure on the airport which in
the opinion of Lessor would limit the usefulness of the airport or constitute a hazard to
aircraft.
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D. During time of war or national emergency, Lessor shall have the right to enter into an r
agreement with the United States Government 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
nit-port. 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.
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 be 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 become 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 the airport, the execution of which has been or may be
required as a condition precedent to the expenditure of federal funds for the development of
the airport. f
H. Lessor,through its duly authorized agent,shall have at any reasonable time during business
hours the full and unrestricted right to enter the leased premises for the purpose of inspection.
25. Para>rraigh Heading
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.
26. 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 an envelope with sufficient 1 r"
postage attached to insure delivery,and deposited in the United States mail,addressed to:
LESSOR City of Jefferson
Department of Public Works
j Airport Division
j 320 East McCarty Street
Jefferson City,MO 65101
LESSEE Fischer Grain Farms i
1905 Old Mokane Road
Jefferson City,MO 65101
or such other place as either party shall in writing designate in the manner herein provided.
27. Successors and Assigns,1 .
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 parties hereto.
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28. [amendments to Leas
All amendments to this lease must be made in writing by mutual agrorment to the parties, and no oral
amendments shall be in force or effect whatever.
'± 20. Jurisdiction.
{ This Lease shall be governed by and construed in accordance with the laws of the State of Missouri.
30. Complete Agreement
This covenants and agreements contained in this Lease shall be binding upon and shall inuro to the benefit of
the parties of this Lease,their respective successors,administrators,executors and assigr,8.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this,2-2 day of
February, 1998.
CITY OF JEFFERSON,MISSOURI FISCHER GRAIN FARMS
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ST: ATTEST:
ity Cle k Title:
APPRO AS TO
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CITY OF JEFFERSON
AGRICULTURAL LEASE AGREEMENT
THIS LEASE AGREEMENT, executed this (O day of February, 1998, by and between the City of
Jefferson,Missouri,a municipal corporation,hereinafter referred to as"Lessor,"and Fischer Grain Farms,
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:
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Certain tillable land,the total area of which is approximately two hundred eighty-four(284)
acres adjacent to the eastern boundary of the Jefferson City Memorial Airport shown on the
attached Exhibit A.
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 14t1i day of April, 1997 through the 31"day of
December,1997. With the consent of both parties,this contract may be extended for four(4)additional one(1)
year periods,commencing the 1"day of January of each year through the 31nt day of December of the same year.
�—� 2. Notice of Termination of Agreement
Lessee shall inform Lessor of its desire to extend this lease by October 31, 1997 and October 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 One Hundred Thirty-One Dollars and Five
Cents ($131.05) per tillable acre. In order to accommodate land application of wastewater biosolids,
approximately one-half(1/2) of the total acreage will be available for planting each year, unless otherwise
agreed to in writing by both parties. Unless such an agreement modification has been established,rent shall
be calculated on a total of one hundred forty-two(142)acres,for a total of Eighteen Thousand Six Hundred Nine
Dollars and Ten Cents Dollars($18,609.10)for the 1997 growing season. Should the parties choose to renew
this contract, Lessee shall pay Lessor as rental for the growing seasons of 1998, 1999, 2000 and 2001 the
following amount:
GROWING SEASON AMOUNT PER TILLABLE ACRP
1998 $131.05
1999 $131.05 tq
2000 $131.05
2001 $131.05
r- Such rental is due and payable on or before December 31 of each year. In the event of flooding during a growing
( } Benson,rent shall be one-third(1/3)of the cash value of any crop harvested.
4. Expenses.
Lessee shall provide and pay for all items and expenses involved in planting and harvesting the crops. The City
will reimburse Lessee for cost of seed associnted with turf strips and buffer zones. The Lessor will be under
C:\Irnci\rontrncla\leneea\fincher Fnun\lenne 1007•annl.wpd
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no financial obligation in producing any crop. 'Pile Lessor shall be solely responsible for tiny levee assessmentsi
on the land.
5. Crops Sown
It is agreed and understood by the Lessee that Lessee will plant only corn on the above described premises.
G. Harvesting and Removal of Croce
All crops shall be harvested and removed prior to December 31 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 at 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 it 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 Public Works so as not to interfere with runway visibility or
constitute an obstruction on approaches.
10. Operation of Equipment.
The Lessee should inform the Airport Division Director or the on-duty tower controller before operating vehicles
or equipment on airport property. No farm machinery or vehicles of any kind are to be left unattended or ti
overnight within seven hundred fifty(750)feet of the centerline of:runway 12/30,nor within the thresholds of
runway 12/30 within a strip three thousand(3,000)feet(or to the property line)from the 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 Public Works,or other areas designated by the Director of Public Works. Equipment and
vehicles should not traverse in front of the ILS Glide Slope without clearance from the Jefferson City Control I
Tower or Airport Division Director.
i
11. Grass Control.
It is agreed that Lessee shall maintain an effective Johnson Grass Control Program. The City shall furnish fifty
percent(50%)of sprays or chemicals as may be necessary to control or kill 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 1
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. I'
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13. Insurance,
Lessee agrees tint it will at all times maintain general liability insurance,with a reputable insurance company,
in the amount of$1,000,000. 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 promises 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 damnge that may arise in connection with this lease or the use of demised promises 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 described in Exhibit A. Such well shall be made available to Lessee for i
Lessee's use and enjoyment. 0
15. Assignment and Morte'aee.
Neither the demised promises 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 become 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.
16. Default. �.
In the event that Lessee shall be in default of any payment of 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 pay Lessor all costs of such legal action,plus the sum of Five Hundred
Dollars($600.00).
17. Waiver, '
Waiver by Lessor of any default in performance by Lessee of any of the terms, covenants, or conditions
contained here,shall not 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. C
19. Lessor May Enter.
Lessee agrees that Lessor,its agents or employees,may enter upon the premises at any time during the term
or any extension of it for the purpose of inspection,maintenance,digging test 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 minimum of interference with the use of the property by Lessee.
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20. Successors iii lnWqxost• '
All of the terms,covenants and conditions contained here shall continue,and bind nil successors in interest of 4
Lessee. .
21. ��ssor'c Reserved Rill ts•
A. Lessor reserves the right(but shall not be obligated to Lessee)to mnintain 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 till 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. Lesser reserves the right. to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction,together with 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 would 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 Government 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.
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 be 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 become 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 the airport, the execution of which has been or may be
required as 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 enter the leased premises for the purpose of inspection.
j 4
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 an envelope with sufficient
postage attached to insure dolivery, and deposited in the United States mail,addressed to:
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LESSOR City of Jefferson
+ Department of Public Works
Wastewater Division .
320 East McCarty Street
Jefferson City,MO 65101
LESSEE Fischer Grain Farms
1905 Old Mokane Road
Jefferson City,MO 65101
or such other place as either party shall in writing designate in the manner herein provided
24. Successors and Assians
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 parties hereto.
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 governed 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.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this 49 day of
February, 1998.
CITY OF JEFFERSON,MISSOURI FISCHER GRAIN FARMS
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Mayor
Ti e:
ATTEST: ATTEST:
ity Cle Title:
APPRO TO F `
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Exhibit A �
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Property for Farm Lease
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City of lefrerson Waste-
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162 Acres
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(�\ CITY OF JEFFERSON
AMENDMENT TO AGRICULTURAL LEASE AGREEMENT
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WHEREAS, the City of Jefferson, Missouri, a municipal corporation, with offices tit 320 East McCarty,
Jefferson City,Missouri,66101,hereinafter designated"Lessor,"entered into a Lease Agreement with Fischer
Grain Farms, located at 1906 Old Mokane Road,Jefferson City,Missouri,66101, hereinafter referred to as
"Lessee,"on February 6, 1998;and
WHEREAS,the Lease Agreement was for lease of 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 eighty-four(284)
acres adjacent to the eastern boundary of the Jefferson City Memorial Airpr::•t shown on Exhibit
A attached to the original Lease Agreement of February 6, 1998.
WHEREAS,the parties wish to renew the Lease Agreement for a one(1)year period.
NOW,THEREFORE,be it agreed as follows:
1. Paragraph 1, "Lease Period,"of the Lease Agreement dated February 6, 1998,is hereby amended to
read as follows:
1. Lease Period.
The period of this Lease shall commence on the 1e1 clay of January, 1998 through the 31"day of
December, 1998. With the consent of both parties,this Lease Agreement may be extended for
three(3)additional one(1)year periods,commencing the 1"clay of January of each year through
the 31"r day of December of the same year.
2. All other sections of the Lease Agreement dated February 6, 1998 shall remain in effect as stated.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this I day of
February, 1998.
CITY OF JEFFERSON,MISSOURI FISCHER GRAIN FARMS ;
Mayor J Pt, Fischer
ATTEST: ATTEST:
y Cler T' e:
APP UED FOR i
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Exhibit A
sketch of Wastewater Division i
Property for Farm Lease
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Memorandum
To: Jim Hartley
�om From: Marty Br s W (lace �
Subject: Recommendation to Contract with Fischer Grain Farms
Date: March 12, 1997
Proposals were solicited from area farmers to contract with the City to farm the 284 tract
of Missouri River bottom recently purchased by the Wastewater Division. Seven ;
proposals were received and evaluated. Evaluation factors used to rate the proposals
were weighted on a hundred point scale as follows:
price per acre lease terms,80 pts.
qualifications,8 pts.
staffing resume,3 pts.
present farming operation,3 pts.
4 list of equipment, 3 pts.
references, 3 pts.
Of the seven proposals,Fischer Grain Farms was rated the highest and therefore we
recommend entering into an agricultural lease with Fischer Grain Farm.
The proposal rankings were as follows:
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Total Pts.
Fisher Grain Farm 100
Thompson Brothers 83
ti J&D Farms 78
F Forck Farms 76 r'
Moreau Valley Farms 74
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Smart Brothers Farms 69
Daniel and Diane Prenger 31
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CITY OF JEFFERSON
AMENDMENT TO AGRICULTURAL LEASE AGREEMENT
-MREAS, the City of Jefferson, Missouri, a municipal corporation, with offices at 320 East McCarty, Jefferson City,
Missouri,65101,hereinafter designated"Lessor,"entered into a Lease Agreement with Fischer Grain Farms,located at 1905
Old Mokane Road,Jefferson City,Missouri, 65 10 1,hereinafter referred to as"Lessee,"on February 27, 1998; and
WHEREAS,the Lease Agreement was for lease of agricultural property; and
WHEREAS,the parties wish to renew the Lease Agreement for a final one(1)year period.
NOW,THEREFORE,be it agreed as follows:
1. Paragraph 1,"Lease Period,"of the Lease Agreement dated February 27, 1998 is hereby amended to read as follows:
1. Lease Period.
This Lease shall be effective from the?day of November,2000 through the 31St day of October,2001. With
the consent of both parties.
2. All other sections of the Lease Agreement dated February 27, 1998 as amended October 20, 1999 shall remain in
effect as stated.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this_3 day of October, 2000.
�iTY OF WFERSON, FISCHER G ARMS
l
Mayor Jay/P. scher,
ATT ATTEST:
P-
Ci Clerk- Title:
APPROVED AS TO FORM:
City Counselor
FI:U;onlract PilexUwmViwher graMamendmenl to leave @ airport 2000avpd