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Home My Public Portal AboutORD09871 R. BILL NO. INTRODUCED BY COUNCILMAN SCHEULEN 'i ORDINANCE NO. q 9 .71 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND I al DIRECTING THE MAYOR ANI) CLERK TO EXECUTE A WRITTEN LEASE ON CERTAIN AGRICULTURAL PROPERTY AT THE JEFFERSON CITY MEMORIAL 3± AIRPORT LEASED TO HARRY THOMPSON, RICHARD THOMPSON AND MARK , ? THOMPSON. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: j Section 1 . The Mayor and City Clerk of the City of Jeffersop,! Missouri , are hereby authorized and directed, for and in the name of the City, to execute a written lease with Harry Thompson, ! Richard Thompson and Mark Thompson, relating to certain described �lagricultural 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 and made part hereof as if fully incorporated herein. Ila Section 3. Execution of the lease will be contingent upon i �k ii Federal Aviation Administration approval of lease form. �f Section 4. This Ordinance shall take effect and be in full Iforce' from and after its passage and approval. Passed Approved C'�res ' ent of the qAncil Mayor ATTEST City Clerk • i A i I AGRICULTURAL LEASE THIS LEASE AGREEMENT, executed on this day of 19'9Z--9 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 i' following described property, situated in the County of Callaway, ii 11 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 i! as Tract 4 on the attached "Exhibit-A" dated November 239 1981." { the term of this lease shall be for one year beginning on the (j day of y]D ��+.laPi!_. , 19 $Z_ , and ending on the !I 31 day of , 1913- with i{ I options to renew the .Lease at the expiration thereof for two (2) additional one (1) year periods . Each option to be exercised I { by the Lessee by giving written notice to the City of such j li jintention to renew said Lease at least ninety (90) days prior to I� the expiration of the initial one (1) year period and the second �i one (1) year period thereafter. The Lessee , in consideration of i the leasing of the above described premises , hereby covenants and !' agrees with the Lessor to a the Lessor as rental for said � B pay ® II 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 {f markets at no expense to the City. The City will be I under no financial obligation in producing the crop other than levee assessment on the land. I� 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. I !� 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 I( !{ -1- If i f 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 i of Transportation for planting on the above described premises , j and that said crops will be harvested on or before the first (1st) i day of November of the term hereof. It is understood and agreed by the parties hereto that the i, 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 I f + activities of the Jefferson City Memorial Airport, and Lessee ?! j agrees that at all times he will observe and obey any and all ordinances, rules , and regulations concerning same as laid down i by the City through the Director of Transportation. ji 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 i� be made, as may be agreed upon by the Lessor and the Lessee. j i The Lessee shall not sublet or assign any portion of the j t f premises to any other person without the consent o the Lessor ,1 f ?? in writing having been first obtained. ?! No corn shall be planted on any plot that interferes with t' runway visibility, and such corn that is planted shall be planted i at the direction of the Director of Transportation so as not to interfere with runway visibility or an obstructions on approaches. 1 No farm machinery or vehicle of any kind is to be left un- attended or overnight in an area of 1 ,200 feet radium of the I i Jefferson TVOR Station or other area designated by the Director I of Transporation. ! It is agreed that Lessee shall maintain an effective i 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 consideratio hereof , does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, i -2- 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 i 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 Depart- i; ment of Transportation, and as said Regulations may be amended. The Lessee , for himself, his personal representatives, 1� successors in interest , and assigns , as a part of the consider- ation 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, i denied the benefits of, or be otherwise subjected to discrimi- nation 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, Ij or national origin shall be excluded from participation in, denie� �f 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 pusuant to 49 CFR Part_ 21 , f 1 iNondiscrimination in Federally Assisted Programs of the Department] C of Transportation, and as said Regulations may be amended. +, I The parties agree that this lease shall continue in force ® j 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 I term hereof. IN WITNESS WHEREOF, the parties have caused this lease to f; be signed this 3,01 day of November, 19W I It is understood and agreed that the rights granted by this �; agreement will not be exercised in such a way as to interfere with E j) or adversely affect the use , operation, maintenance or development j� of the airport. No crops will be grown within two hundred (200) feet of the • Ii centerline of runway 12/30 (one hundred fifty ( 150) feet from the ;ledge of runway 12/30) , nor within one hundred (100) feet of any -3- l' ,! I f other landing facilities , taxianys or aircraft parking area, nor six hundred (600) feet of the threshold ends of runway 12/30 nor i1four 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 i� r I4 approaches to all runways will be restricted to low-growing varieties . i I RECOMMENDED BY CITY OF JEFFERSON, MISSOURI AIRPORT COMMISSION LESSOR 4 Bye By ' M yor 1 ' I `ATTEST: Harry ompson, Lessee City Clerk / 1 Richard Thomps n, Lessee APPROVAL AS TO FORM: j Mark Thompson, 'Lessee ity Counselor I 1 i 1 i 1 i