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Home My Public Portal AboutORD10534 BILL NO. SPONSORED BY COUNCILMAN v 1Yl2.� ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH HARRY THOMPSON, RICHARD THOMPSON, AND MARK THOMPSON TO LEASE CERTAIN AGRICULTURAL PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a lease 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 It - 4 - Approved /1- 7— Pres1ping O icer Mayor ATTEST: City Clerk {z AGRICULTURAL LEASE THIS LEASE AGREEMENT, executed on this day of 19 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 ninety-four acres around the landing areas of the Jefferson City Memorial Airport shown as Tract 4 on the attached "Exhibit-A" dated November 23, 1981, " the term of this lease shall be for one year beginning on the day of 19-S!5 , and ending on the 3 day of 19 94 , 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 one ( 1) year 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 on 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 tract, 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 , 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. 1 Ak It is understood and agreed by the parties hereto that the QPLessee 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 be an obstruction on approaches . No farm machinery or vehicle of any kind is to be left AML unattended or overnight in an area of 1, 200 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, 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 2 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 ben ef its 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 base 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 or development of the airport. No crops will be grown within two hundred ( 200 ) feet of the centerline of runway 12/30 (one hundred fifty feet ( 150 ) from the edge of runway 12/30 ) , nor within one hundred ( 100 ) feet of any other landing facilities , taxiways or aircraft parking area, nor six hundred ( 600 ) feet of the threshold ends of runway 12/30, nor four hundred ( 400) feet of the threshold ends of runway 8/26, 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 . 3 IN WITNESS WHEREOF, the parties have, caused this lease to be signed this c�0 day of � �,{?1�y1c,�.,o�, 19 �. RECOMMENDED BY CITY OF JEFFERSON, MISSOURI TRANSPORTATION COMMISSION LESSOR By By Administra e rotary M yor THOMPSON BROTHERS ATTEST: LESSEE IA Cifly Clerk Harry Tho pson, Le see APPROVAL AS TO FORM: Ri rff--'Thov(ps6rf, Lessfe City Counselor rl Mark Thompson, Lesse . 4