HomeMy Public PortalAboutORD11115 BILL NO. 88-95
SPONSORED BY COUNCILMAN WOODMAN
ORDINANCE NO. ZZL E
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH HARRY
THOMPSON, RICHARD THOMPSON AND MARK THOMPSON TO LEASE CERTAIN
AGRICULTURAL PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a lease agreement with Harry Thompson, Richard
Thompson, and Mark Thompson, relating to certain described
agricultural property at the Jefferson City Memorial Airport.
Section 2. The lease shall be substantially the same in form
and content as that lease 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 /? !9 91 Approved SA,�
idin if:if:icer Mayor
ATTEST:
r
City Clerk
AGRICULTURAL LEASE
HIS LASE AGREEMENT, executed on this day
of
`vu.• , 19 ,81,F _, by and between the City of
Jefferson, Missouri, herein termed "Lessor," and Harry Thompson,
Richard Thompson and Mark Thompson of the County of Cole, State of
Missouri, herein termed "Lessee. "
WITNESSETH:
That the Lessor has this day leased unto the 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 one hundred twenty-one unrestricted acres and
approximately 46 restricted acres around the landing areas of
the Jefferson City Memorial Airport shown as Areas 1 and 4 on
the attached "Exhibit All titled Agricultural Plan dated August
12, 1988."
the term of this lease shall be for one year` beginning on the
1st day of November, 1988, and ending on the 31st day of October,
1989, with options to renew the Lease at the expiration thereof
for two (2) additional one (1) year periods. Each option to be
exercised by the Lessee by giving written notice to the City of
such intention to renew said Lease at least ninety (90) days prior
to the expiration of the initial period and the second one (1) year
period thereafter. The Lessee, in consideration of the leasing of
the above described premises, hereby covenants and agrees with the
Lessor to pay the Lessor as rental for said premises as follows:
One-third of the corn, wheat, oats or other small grain
harvested from said land. Lessee shall provide and pay
for all items and expenses involved in planting and
harvesting the crops, and shall harvest the City's
portion of crop and transport said portion to local
markets at no expense to the City. The City will be
under no financial obligation in producing the crop other
than levee assessment to the land.
It is agreed that ninety (90) days prior to the expiration of
the final option of this lease, the City shall have the right to
advertise its request for proposals for the leasing of said land,
and Lessee shall have the right to submit a proposal.
If maturity of the crops or weather conditions do not allow
the crops to be harvested by the time provided in this lease, or
by the time this lease expires, Lessee shall have until December
31, of the term hereof to remove said crops.
• It is agreed and understood by the Lessee that he will sow
only oats, corn, wheat or other small grains and such other crops
which may be authorized by the Director of the City Department of
Transportation for planting on the above described premises, and
that said crops will be harvested on or before the first (1st) day
of November of the term hereof.
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, and 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 Transportation.
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.
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.
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.
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 fifteen hundred (1,500) ft. wide; nor within five
hundred (500) feet of runway 8/26, 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 Supervisor. The Lessee
should inform the Airport Supervisor or the on-duty tower
controller before operating vehicles or equipment on airport
property.
It is agreed that Lessee shall maintain an effective Johnson
Grass Control Program, provided that, the Lessor shall furnish
fifty (50) per cent of sprays or chemicals as may be necessary to
control or kill the Johnson Grass.
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 Transportation 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 49 CFR Part 21, Nondiscrimination
in Federally Assisted Programs of the Department of Transportation,
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 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 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the Department
of Transportation, and as said Regulations may be amended.
The parties agree that this lease shall continue in force and
effect for the entire term; provided that Lessor may terminate this
lease by giving sixty (60) days notice in writing to the Lessee of
its intention -to do so prior to September 30, of the term hereof.
Lessee agrees that it will at all times maintain general
liability insurance, with reputable insurance company, in the
amount of $300,000. This insurance shall assure the obligation of
the Lessee to save the Lessor harmless from any and all claims for
damages arising on the demised premises or resulting as a direct
or indirect consequence of the occupation and use of said demised
premises. Current copies of said insurance policy or certificate
of insurance shall be furnished to the Lessor and shall be promptly
replaced upon expiration. Lessor shall be named as an additional
insured on the policy.
It is understood and agreed that the rights granted by this
agreement will not be exercised in such a way as to interfere with
or adversely affect the use, operation, maintenance of development
of the airport.
No crops will be grown within two hundred fifty (250) feet of
the centerline of runway 12/30 (two hundred (200) feet from the
edge of runway 12/30) , nor within one hundred (100) feet of any
other landing facilities, taxiways or aircraft parking area, nor
shown as "No Crop" areas on Exhibit A, nor in such a way as to
obstruct the line of sight from any point on a runway to any point
. on any other runway. Crops grown in the approaches to all runways
will be restricted to low-growing varieties as shown on Exhibit A.
IN WITNESS WHEREOF, the parties ha a Calred this lease to be
signed this fS day of 19g$ .
RECOMMENDED BY CITY OF JEFFERSON, MISSOURI
TRANSPORTATION COMMISSION LESSOR
B By
A0 nistra ve cretary Ma
ATTEST: THOMPSON BROTHERS FARMS
LESSEE /J
By
City Clerk Harry . Tho son
APPROVAL AS TO FORM: By
Richardf Thompso
® BY71 �,yu
C nselor Mark Thompson