HomeMy Public PortalAboutORD10353 BILL NO. _ �L '' -.741-
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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
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r s i ng Office ayarVj/
ATTEST:
City Clerk
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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
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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.
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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
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