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HomeMy Public PortalAboutORD10353 BILL NO. _ �L '' -.741- y' SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSONV, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND CLERK TO EXECUTE A WRITTEN LEASE ON CERTAIN AGRICULTURAL. PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT LEASED TO LINCOLN UNIVERSITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk of the City of Jefferson, Missouri, are hereby authorized and directed, for and in the name of the City, to execute a written lease with Lincoln University, relating to certain described agricultural property at the Jefferson City Memorial Airport. Section 2.. The written lease shall be substantially the same in form and content as that lease attached hereto as Exhibit A. Section 3. Execution of the lease will be contingent upon Federal Aviation Administration approval of lease form. Section 4 . This Ordinance shall take effect and be in full force from and after its passage and approval. Passed —7 — �.� Approved wt r a r s i ng Office ayarVj/ ATTEST: City Clerk A&i FM AGRICULTURAL LEASE THIS LEASE AGREEMENT, 9xcuted on this .__L -� day of 19 &.`.) , by and between the City of JeYferson,_0 Missouri, herein termed "Lessor, " and Lincoln University 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-seven acres around the landing areas of the Jefferson City Memorial Airport shown as Tract _ 1, Parcel 7 and Tract 5 on the attached "Exhibit A" dated as revised August 30, 1984 . T '• the term of this lease shall be for eight (8) months beginning on the 1 ,;j. day of V b 11ary , 19jL5__, and ending on the 30th day of September i 19 85 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: Fifty-five dollars ($55.00 ) per acre per period. Payment will be due at the end of each period. The City will be under no financial obligation in producing the crop other than levee assessment on the land. gent shall be reduced to Twenty-two Dollars and fifty cents ( $22 .50 ) per damaged acre if flooding causes crop failure. 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 ( lst ) 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 1 OEM K ' 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 plat 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 . is No farm machinery or vehicle of any kind is to be left unattended or overnight in an area of 1,2D0 feet radium of the Jefferson TVOR Station or other area designated by the Director of Transportation. It is agreed that Lessee shall maintain an effective Johnson Grass Control Program. The Lessee, for himself, his heirs , personal representatives , successors in interest, and assigns , as a part Ask of the consideration hereof, does hereby covenant and agree as a covenant running with the land thaw: 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 *ith all other requirements imposed pursuant to 49 CFR Pant 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. 2 17. Lessee agrees to indemnify, and hold harmless the Lessor, its agents and employees from any and all claims , demands, and actions arising from the use of the land described herein. 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 . No crops will be grown within t,t,,To hundred fifty ( 250) feet of the centerline of runway 12/30 (two hundred ( 200) feet from the edge of runway 12/30) , nor within a strip one thousand six hundred ( 1, 600) feet of the threshold end of runway 30 by four hundred (400 ) feet centered along -the extended centerline of Runway 12/30, nor within ninety-five (95) feet of the centerline ;;•, of taxiways (seventy-five (75) feet from the edge of taxiways ) , nor within a strip two thousand six hundred (2, 6100) feet of the threshold end of runway 30 by one hundred ( 100) feet centered along the extended centerline of runway 12/30, 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 with heights not to exceed limits shown on Exhibit J-1 of the Jefferson City Memorial Airport Master_ Plan. IN WITNESS WHEREOF, the parties h ve caused this lease to be signed this �lLK day of _ 19 RECOMMENDED BY CITY OF JEFFERSON, MISSOURI AIRPORT COMMISSION LESSOR BY BY Mayor ATTEST: ]LINCOLN UNIVERSITY- (City Clerk _ ATTEST: BY Secretary APPROVAL AS TO FORM: • City Counselor 3