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HomeMy Public PortalAboutORD09595 r 'fir BILL NO. INTRODUCED BY COUNCILMAN ' ORDINANCE NO.. � � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY AND THE CITY CLERK OF SAID CITY TO EXECUTE, ON BEHALF OF THE CITY, A LEASE ON CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT LEASED TO JOHN P. BOESSEN AND HIS SONS CHRISTIAN R. BOESSEN AND KENNETH P. BOESSEN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and the City 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 John P. Boessen, and his sons Christian R. Boessen and Kenneth P. Boessen, relating to certain described property at the .Jefferson City Memorial Airport. Section 2. Said written Lease shall read in words and figures as follows: LEASE THIS LEASE AGREEMENT, executed on this day of 19 P , by and between the City of Jefferson, Missouri, acting by and through the Airport Commission created by Section 1038 of the Revised Ordinances of the City of Jefferson, Missouri, 1956, herein termed "Lessor," and John P. Boessen and his sons Christian R. Boessen and Kenneth P. Boessen of the County of Osage, 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". the term of this lease shall be for three years beginning -on the lst day of December, 1980, and ending on the 30th day of November, 1983, and 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, or 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. Lessor shall furnish a truck to haul its one- third share of the crop to market, or shall pay Lessee for hauling same to market. It is further expressly agreed that the Lessee has the right to renew said lease at the expiration thereof, provided that notice by the Lessee of intention to renew said lease shall be received by the Chairman of the Jefferson City Airport Commission at least ninety (90) days prior to September 30, 1983, at which time Lessee and Lessor will enter into negotiations as to the terms of said lease for the next three year period. Should no agreement be reached between the parties before September 30, 1983, this lease shall be terminated on the 15th day of October, 1983, and the Lessee shall vacate said premises and the Jefferson City Airport Commission shall have the right to advertise for the leasing of said tracts. -1- K r 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 , 1983, to remove said crops. It is further expressly 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 Chairman of the Airport Commission on the above described premises, and that said crops will be harvested on or before the 1st day of August of each year. It is further expressly agreed and understood 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 reg- ulations concerning same as laid down by the Chairman of the Airport Commission. It is further expressly agreed that in the event of total or partial destruction of any crops on the above described land by flood, the Lessor shall waive its right to demand payment of the rental on that portion of the acreage so flooded. . It is further expressly 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. It is further expressly agreed that 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. It is further expressly agreed that no corn shall be plant- ed on any plot that interferes with runway visibility, and such corn that is planted shall be planted at the direction and in such a spot not to interfere with runway visibility and with a ratio of 7 to 1 feet and on runway approaches, a ration of 40 to I feet. It is further expressly agreed that no farm machinery, or vehicle of any kind, is to be left unattended or overnight i in an area of 1,200 feet radius of the Jefferson TVOR Station. -2- r ' It is further expressly agreed and understood that Lessee shall keep the fence rows and hedge rows free of all brush and ® weeds so that the fence rows and hedge rows are clean; provided that, the Lessor shall furnish all such sprays and fumigents as may be necessary to spray the hedge rows and fence rows to kill the brush and weeds. It is further agreed by the parties 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 of its intention to do so prior to September 30, 1983. IN WITNESS WHEREOF, the parties have caused this lease to be signed this 4Z day of tir-cfv 19 . It is understood and agreed that the rights granted by this agreement will not be exercised in such a way as to inter- fere with or adversely affect the use, operation, maintenance or development of the airport. No crops will be grown within 100 feet of any landing facility, taxiway or aircraft parking area, 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. CITY OF JEFFERSON, MISSOURI AIRPORT COMMISSION -- LESSOR By ' B Chairmail V M or ATTEST: , #Ghn P. Boessen, Tenant lei- Christian R. Boessen, Tenant APPROVA AS TO : ..� Kenneth P. Boessen, Tenant y Attorney i -3- Section 3. This ordinance shall take effect and be in force from and after its passage and approval. PASSED: APPROVED: -r 6yres ent of the g6uncil Mayor ATTEST: it Clerk f