HomeMy Public PortalAboutORD15181BILL NO. 2013-81
SPONSORED BY COUNCILMAN __ S=c=ri:...:...;vn:...:..;:e=r ___ _
ORDINANCE NO. ___ /~____;_} _g_l _____ _
AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AUTHORIZ ING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FISCHER GRAIN
FARMS FOR AN AGRICULTURAL LEASE FOR AIRPORT AND WASTEWATER LANDS .
WHEREAS, Fischer Grain Farms has submitted the best proposal for an Agricultu ra l
Lease for Airport and Wastewater Lands .
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON , MISSOURI , AS FOLLOWS :
SECTION 1. The proposal submitted by Fischer Grain Fa rms is declared to be the best
proposal and is hereby accepted .
SECTION 2 . This agreement shall be substantially the same in form and content as that
agreement 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 : £cc l.l . J..-0 I 3
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Approved :_----+-t:>.C.j~t...o~L.....Mt--S.O_'I_._L_
Presiding Offic ~ Mayor ~
ATTEST : APPROVED AS TO FORM :
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FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Proposal 2695 -Farming of Ai r port/Wastewater Property \
Public Works , Airport and Wastewater, Opened August 27, 2013
PROPOSALS RECEIVED :
Leon and Teddy Helebusch, Marthasville, MO
Fischer Farms, Jefferson City , MO
Kerperin Farms, Jefferson City , MO
J . David Thompson , New Bloomfield , MO
Fork Farms & Services , Jefferson City, MO
TO PAY TO THE CITY/5 YEARS
$534,990 .00
$470,580 .00
$439 ,208 .00
$433 ,870 .00
$267 ,240 .00
The request was advertised in News Tribune , posted on the city web site .
FISCAL NOTE :
Fischer Grain Farms is to pay City of Jefferson $276 .00 per tillable acre for 160 tillable acres of
Airport property . The total payment of $44 ,160.00 per year acre shall be paid by December 31 ,
2014 .
Fis c her Grain Farms is to pay the City of Jefferson $276 .00 pe r t illable acre for 272 tillable acres
of Wastewater property. Wastewater operations require that only 181 acres be tilled per year
based on a rotation schedule of specific crops . The lease amo unt to be paid to the City for the
period January 1, 2014 through December 31 , 2014 for wastewater property will be $44,160.00
payable by December 31 , 2014 .
PAST PERFORMANCE:
This vendor has completed farming operations at these locations as specified in the past.
RECOMMENDATION :
Staff recommends award of the lease to the highest and best proposal meeting specifications,
Fischer Farms , Jefferson City, Missouri. The lease will be for a one year period , January 1, 1014
through December 31 , 2014 with up to four additional one year periods .
ATTACHMENTS-SUPPORTING DOCUMENTATION
Signature ~ ~11116!LifV
Purcu a sin .A:gent
~·
Department of Public Works Memordandum
320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.jeffcitvmo.org
Date : September 12 , 2013
To:
From :
Terry Stephenson, Purchasing Agent, Finance Department
Britt E. Smith, P .E ~
Subject: Recommendation on Agricultural Lease for Airport and Wastewater
Lands -Proposal 2695
Eric Seaman , P .E . Wastewater Division Director; Dave Erwin, Wastewater Plant
Manager; Ron Craft, Airport Manager; and myself have completed our review of the
proposals submitted for the leasing of agricultural lands managed by our respective
divisions . It is the group 's recommendation to accept the proposal from Fischer Farms
as the best proposal.
Fischer Farms proposal to lease the 160 acres of Airport property and the 181 acres of
Wastewater property at $276 per acre will amount to a base lease payment of $470,580
for the 5 year lease term .
Five proposals were submitted and four were eligible proposers. Attached are the
individual evaluations sheets from the committee members and the summary of the
average scores are included below.
1. Jay Fischer
2. Hellebusch
3 . Thompson
4 . Kerperin
5 . Forck
94.00
87 .50
78 .50
75 .50
No Rated
,•
The evaluations above were based on the proposed lease payment as well as various
other evaluation factors such as experience , references, and staffing . Fischer per acre
rate is slightly lower than the next proposer however other factors evaluated more than
offset the slightly lower rate , such as his proximity to the area . Mr. Fischer base of
operation and his residence is next to the airport and within the city limits. As a result
he has been very responsive in the past to aid the city , even to the point of using his
equipment to pull out stuck vehicles or disking fields to eliminate odor after the
application of sludge from the treatment plant.
In addition as outlined in Mr. Fischer proposal , he has agreed to wave previously
experienced damages to his crop caused by a leaking wastewater pipe. Those
damages are estimated to be between $60,000 and $120 ,000 .
cc: Matt Morasch, P .E .
Eric Seaman , P.E.
Dave Erwin
Ron Craft
Attachments
City of Jefferson, Missouri
Tabulation of Offers
Proposal 2695
Subj ect: Farming Airpo r/Wastewater
De~t. Public Works
Date: A ugust 27 , 2 013
PAG E 1
ITEM
Airport Property
Yea r One Lease per acre
Year Two Lease per acre
Yea r Three Lease per acre
Year Four Lease per acre
Year Five Lease per acre
Total Five Years
Wastewater Property
Year One Lease per acre
Year Two Lea se per acre
Year Three Lease per acre
Year Four Lease per acre
Year Five Lease per acre
Tota l Five Years
Grand total all items
RFP Sent to the following with no
re sponse:
QTY
160
160
160
160
160
18 1
181
18 1
181
181
Clifford Sch nieders, Jefferson City, MO
Moreau Valley Fa rms , Jefferson Ci v,MO
Fork Farms, Jefferson City, MO
Don Pa rker, Jefferson City , MO
Waren Scott, Columbia, MO
Leon Hellebusch
Teddy Hellebusch
Marthasville, MO
Unit Un it Price Total Price
ac 309.00 49,440 .00
ac 309 .00 49 ,440 .00
ac 309.00 49,440.00
ac 309.00 49,440 .00
ac 309.00 49,440.00
247,200.00
ac 318.00 57,558.00
ac 318.00 57,558.00
ac 318 .00 57 ,558.00
ac 318.00 57,558.00
ac 318.00 57,558.00
287 ,790 .00
534,990.00
•.
·.
Fischer Fa rms Kerper in Farms J. Dav id Thompso n Fork Farms & Services
Jefferson City, MO Jefferson City , MO New Bloomfield , MO Jefferso n Ci ty , MO
Unit Price Total Pri ce Unit Price Total Pri ce Unit Price Total Price Unit PricE Total Price
276.00 44 ,160 .0 0 2 63.00 42 ,080.00 230.00 36,800.00 144.00 23,040 .00
276.00 44,160.00 260.00 41 ,600 .00 230.00 36,800.00 144.00 23,040 .00
276.00 44,160.00 257.00 41 ,120.00 230.00 36,800.00 144.00 23,040.00
276.00 44,160.00 2 54.00 40 ,640 .00 230.00 36,800.00 144.00 23 ,040 .00
276.00 44,160.00 254.00 40,640 .00 230.00 36,800.00 144.00 23 ,040 .00
220,800.00 206,080 .00 184,000.00 115,200.00
276 .00 49 ,956.00 263.00 47,603.00 276.10 49,974 .10 168.00 30,408 .00
276.00 49,956.00 260.00 47 ,060.00 276.10 49,974 .10 168.00 30,408.00
276.00 49 ,956.00 257 .00 46,517.00 276.10 49,974.10 168 .00 30,408 .00
276.00 49 ,956.00 254.00 45,974.00 276.10 49,974.10 168.00 30,408.00
276.00 49 ,956.00 254 .00 45,974.00 276.10 49,974 .10 168.00 30,408 .00
249,780.00 233,128.00 249 ,870.50 152,040.00
470,580.00 439 ,208.00 433,870.50 267,240.00
CITY OF JEFFERSON
AGRICULTURAL LEASE AGREEMENT
THIS LEASE AGREEMENT, executed this day of October, 2013, by and between the City of
Jefferson, Missouri, a municipal corporation, hereinafter referred to as "Lessor," and Fischer Farms,
hereinafter referred to as "Lessee."
WITNESSETH:
THAT WHEREAS, Lessor has this day leased unto 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 sixty (160)
tillable acres located on the Jefferson City Memorial Airport shown on the attached
Exhibit A; and,
Certain tillable land, the total area of which is approximately two hundred seventy -two (272)
acres around the landing areas of the Jefferson City Memorial Airport shown on the attached
Exhibit B.
NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the Lessor
and the Lessee:
1. Lease Period.
The initial period of this Lease shall be effective from the January 1, 2014, through December 31, 2014.
With the consent of both parties, this contract may be extended for four (4) additional one (1) year periods.
2. Notice of Termination of Agreement.
Lessee shall inform Lessor of its desire to extend this lease by September 30th of each year for each one (1)
year option.
3. Rental.
The Lessee, in consideration of the leasing of the above described premises, hereby covenants and agrees
with the Lessor to pay the Lessor as rent for said premises the price of Two Hundred Seventy -Six Dollars
($276.00) per tillable acre as described in Exhibit A, and the price of Two Hundred Seventy -Six Dollars
($276.00) per tillable acre as described in Exhibit B. Unless such an agreement modification has been
established, rent shall be calculated for a total of one hundred sixty (160) tillable acres, for a total of Forty -
Four Thousand One Hundred Sixty Dollars ($44,160) for acres described in Exhibit A and on a total of 272
tillable acres with 181 tillable acres being tilled per year for a total of Forty -Nine Thousand Nine Hundred
Fifty -Six Dollars ( $49,956.00) for acres described in Exhibit B for the 2014 growing season. Lessee shall
pay Lessor as rental for the following growing season in the following amount:
EXHIBIT A EXHIBIT B
GROWING AMOUNT PER AMOUNT PER
SEASON TILLABLE ACRE TILLABLE ACRE
2015 $276.00 $276.00
2016 $276.00 $276.00
2017 $276.00 $276.00
2018 $276.00 $276.00
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Such rental is due and payable on or before December 31 of each year. In the event of flooding during a
growing season, rent shall be one -third (1/3) of the cash value of any crop harvested.
4. Expenses.
Lessee shall provide and pay for all items and expenses involved in planting and harvesting the crops. The
Lessor shall be solely responsible for any levee assessments on the land.
5. Crops Sown.
The entire 160 acres (Airport Fields) must be used as delineated on the Attached map based on FAA
restrictions.
The entire 272 acres (Wastewater Fields) shall be used as tillable, 50 acres located in a different segment
each year are to be annually sown in winter wheat so that harvest will occur in mid to late summer. Only
one parcel comprising half of the acreage (approximately 140 acres) will be sown each year. The other half
will be used by the City annually. The remaining 140 acres are to be sown as follows:
Year 1 - corn
Year 2 - soybeans
Year 3 - oats
Year 4 - wheat
Wastewater property where sludge has been applied shall not be open to the public for a one year period
from the time the sludge is applied. (Property cannot be used for corn maze, etc.)
6. Harvesting and Removal of Crops.
All crops shall be harvested and removed prior to December 31 of any year which is a termination
anniversary of the lease, unless other specific arrangements are made in writing between the parties.
7. Interference with Airport Operations.
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. 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.
8. Right to Reclaim Acreage.
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.
9. Runway Visibility.
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 Public Works so as not to interfere with runway visibility
or constitute an obstruction on approaches. These are the areas designated as Restricted Tillable.
10. Operation of Equipment.
The Lessee should inform the Airport Division Director or the on -duty tower controller before operating
vehicles or equipment on airport property. No farm machinery or vehicles of any kind are to be left
unattended or overnight within seven hundred fifty (750) feet of the centerline of runway 12/30, nor within
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the thresholds of runway 12/30 within a strip three thousand (3,000) feet (or to the property line) from the
end of the runway along the extended centerline and one thousand five hundred (1,500) feet wide; nor within
five hundred (500) feet of runway 9/27, nor within restricted areas around the Instrument Landing System
(ILS) as designated by the Director of Community Development, or other areas designated by the Director
of Community Development. Equipment and vehicles should not traverse in front of the ILS Glide Slope
without clearance from the Jefferson City Control Tower or Airport Division Director.
11. Grass Control.
It is agreed that Lessee shall maintain an effective Johnson Grass Control Program. The City shall furnish
fifty percent (50 %) of sprays or chemicals as may be necessary to control or kill the Johnson Grass.
12. Covenant to Comply with Federal Regulations.
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 federal, state and local laws and
regulations.
13. Insurance.
Lessee agrees that it will at all times maintain general liability insurance, with a reputable insurance
company, in the amount of $2,000,000. 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. Lessee shall save Lessor
harmless from any loss, cost or damage that may arise in connection with this lease or the use of demised
premises by Lessee, or his/her agents, or employees, or any other person using the premises.
14. Use of Well.
A well is located upon the property described in Exhibit A and Exhibit B. Such well shall be made available
to Lessee for Lessee's use and enjoyment.
15. Assignment and Mortgage.
Neither the demised premises nor any portion of them shall be sublet, nor shall this lease, or any interest
in it be assigned, hypothecated or mortgaged by Lessee, and any attempted assignment, subletting,
hypothecation or mortgaging of this lease shall be of no force or effect, and shall confer no rights upon any
assignee, sublessee, mortgagee or pledgee.
In the event that Lessee shall become incompetent, bankrupt, or insolvent, or should a guardian, trustee,
or receiver be appointed to administer Lessee's business or affairs, neither this lease nor any interest here
shall become an asset of such guardian, trustee or receiver, and in the event of the appointment of any such
guardian, trustee, or receiver, this lease shall immediately terminate and end.
16. Default.
In the event that Lessee shall be in default of any payment of any rent or in the performance of any of the
terms or conditions agreed to be kept and performed by Lessee, then in that event, Lessor may terminate
and end this lease, immediately, and Lessor may enter upon the premises and remove all persons and
property, and Lessee shall not be entitled to any money paid or any part of that money; in the event Lessor
U: \Contract Files\samples\Ag Lease - Airport & WW.wpd
-3-
shall bring a legal action to enforce any of the terms of this lease, or to obtain possession of the premises by
reason of any default of Lessee, or otherwise, Lessee agrees to pay Lessor all costs of such legal action, plus
the sum of Five Hundred Dollars ($500.00).
17. Waiver.
Waiver by Lessor of any default in performance by Lessee of any of the terms, covenants, or conditions
contained here, shall not be deemed a continuing waiver of that default or any subsequent default.
18. Compliance with Laws.
Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the
demised premises and their use.
19. Lessor May Enter.
Lessee agrees that Lessor, its agents or employees, may enter upon the premises at any time during the
term or any extension of it for the purpose of inspection, maintenance, digging test holes, making surveys,
taking measurements, and doing similar work necessary for the preparation of plans for construction of
buildings or improvements on the premises, with the understanding that the work will be performed in such
a manner as to cause a minimum of interference with the use of the property by Lessee.
20. Successors in Interest.
All of the terms, covenants and conditions contained here shall continue, and bind all successors in interest
of Lessee.
21. Lessor's Reserved Rights.
A. Lessor reserves the right (but shall not be obligated to Lessee) to maintain and keep in
repair the landing area of the airport and all publicly -owned facilities of the airport,
together with the right to direct and control all activities of the Lessee in this regard.
B. Lessor reserve the right further to develop or improve the landing area and all
publicly -owned air navigation facilities of the airport as it sees fit, regardless of the desires
or views of the Lessee, and without interference or hindrance.
C. Lessor reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent Lessee
from erecting, or permitting to be erected, any building or other structure on the airport
which in the opinion of Lessor would limit the usefulness of the airport or constitute a
hazard to aircraft.
D. During time of war or national emergency, Lessor shall have the right to enter into an
agreement with the United States Government for military or naval use of part or all of the
landing area, the publicly -owned air navigation facilities and/or other areas or facilities of
the airport. If any such agreement is executed, the provisions of this instrument, insofar
as they are inconsistent with the provisions of the agreement with the Government, shall
be suspended.
E. 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.
F. There is hereby reserved to the City ofJefferson City, its successors and assigns, for the use
and benefit of the public, a free and unrestricted right of flight for the passage of aircraft
in the airspace above the surface of the premises herein conveyed, together with the right
to cause in said airspace such noise as may be inherent in the operation of aircraft, now
U: \Contract Files\samples\Ag Lease - Airport & WW.wpd
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known or hereafter used for navigation of or night in the air, using said airspace or landing
at, taking off from, or operating on or about the airport.
G. This lease shall become subordinate to provisions of any existing or future agreement
between the Lessor and the United States of America or any agency thereof relative to the
operation, development, or maintenance of the airport, the execution of which has been or
may be required as a condition precedent to the expenditure of federal funds for the
development of the airport.
H. Lessor, through its duly authorized agent, shall have at any reasonable time during
business hours the full and unrestricted right to enter the leased premises for the purpose
of inspection.
22. Paragraph Headings.
The paragraph headings contained herein are for convenience in reference and are not intended to define
or Limit the scope of any provision of this lease.
23. Notices, Consents and Approvals.
Whenever any notice or payment is required by this Lease to be made, given or transmitted to the parties
hereto, such notice or payment shall be deemed to have been given if enclosed in an envelope with sufficient
postage attached to insure delivery, and deposited in the United States mail, addressed to:
LESSOR City of Jefferson City of Jefferson
Department of Public Works Department of Public Works
Airport Division - Exhibit A Wastewater Division - Exhibit B
320 East McCarty Street 320 East McCarty Street
Jefferson City, MO 65101 Jefferson City, MO 65101
LESSEE Jay & Kimberly Fischer
Fischer Farms
Jefferson City, MO
or such other place as either party shall in writing designate in the manner herein provided.
24. Successors and Assigns.
All of the terms, covenants and agreements herein contained shall be binding upon and shall inure to the
benefit of successors and assigns of the respective parties hereto.
25. Amendments to Lease.
All amendments to this lease must be made in writing by mutual agreement to the parties, and no oral
amendments shall be in force or effect whatever.
26. Jurisdiction.
This Lease shall be governed by and construed in accordance with the laws of the State of Missouri.
27. Complete Agreement.
This covenants and agreements contained in this Lease shall be binding upon and shall inure to the benefit
of the parties of this Lease, their respective successors, administrators, executors and assigns.
U: \Contract Files\samples\Ag Lease - Airport & WW.wpd
5
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this day of October,
2013.
CITY OF JEFFERSON, MISSOURI
Mayor
ATTEST:
City Clerk
APPROVED AS FORM:
Ci
y Counselor
U: \Contract. Files \samples\Ag Lease - Airport & WW.wpd
6
FISCHER FARMS
Ti le:
ATTEST:
/(',
Title
0-S031-CL 3
City of Jefferson
Information Technology Services
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and ryc 11 All FAULTS' haOb NOOK MO CITY OF JEFFERSON,
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City of Jefferson
Crop Zone Map - Effective Sept 2nd, 2008
EXHIBIT A
CITY OF JEFFERSON
AGRICULTURAL LEASE AGREEMENT RENEWAL
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, with offices at 320 East
McCarty, Jefferson City, Missouri, 65101, hereinafter designated "Lessor," entered into a Lease
Agreement with Fischer Farms,located at 1905 Old Mokane Road,Jefferson City,Missouri,65101,
hereinafter referred to as "Lessee," on October 23, 2013: and
WHEREAS,the Lease Agreement was for lease of agricultural property; and
WHEREAS, both parties wish to renew the Lease Agreement for the first of four additional one
year terms as stipulated in Paragraph 1 of the Lease Agreement dated October 23, 2013.
NOW,THEREFORE,be it agreed by the parties that the Lease Agreement is hereby renewed for
the first of four additional one year terms to end December 31, 2015.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this
day of October, 2014.
CITY OF JEFFERSON, MISSOURI FISCHER FARMS
Mayor J y eFischer
ATTEST: ATTEST:
ty Clerl Kh&berly A. Fi her
APPROVED AS TO FORM:
L�
City Counselor
5-iS
CITY OF JEFFERSON
AGRICULTURAL LEASE AGREEMENT RENEWAL
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, with offices at 320 East
McCarty, Jefferson City, Missouri, 65101, hereinafter designated "Lessor," entered into a Lease
Agreement with Fischer Farms, located at 1905 Old Mokane Road, Jefferson City, Missouri,
65101, hereinafter referred to as"Lessee,"on October 23,2013, and amended on October 6, 2014:
and
WHEREAS, the Lease Agreement was for lease of agricultural property; and
WHEREAS, both parties wish to renew the Lease Agreement for the third of four additional one
year terms as stipulated in Paragraph 1 of the Lease Agreement dated October 23, 2013, and
amended October 6, 2014.
NOW, THEREFORE,be it agreed by the parties that the Lease Agreement is hereby renewed for
the third of four additional one year terms to end December 31, 2017.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this day
of Oetober, 2016.
CITY OF JEFFERSON, MISSOURI FISCHER FARMS
Mayor
/ AtiO
a
y Jay P. Fischer
ATTEST:
ATTEST:
��
ity Cler
Kimberly A. Fischer
APPROVED AS TO FORM:
City ' o selor
CITY OF JEFFERSON
A GRICULTURAL LEASE AGREEMENT RENEWAL
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, with offices at 320 East McCarty,
Jefferson City, Missouri, 65101, hereinafter designated "Lessor," entered into a Lease Agreement with
Fischer Farms, located at 1905 Old Mokane Road, Jefferson City, Missouri, 65 10 1, hereinafter referred to
as "Lessee," on October 23, 2013, and amended on October 6, 2014 and November 8, 2016; and
WHEREAS, both parties wish to amend the following sections to the agreement:
5. Crops Sown.
The entire 160 acres (Airport Fields) must be used as delineated on the Attached map based on FAA
restrictions.
The entire 272 acres (Wastewater Fields) shall be used as tillable, 50 acres located in a different segment
each year are to be annually sown in winter wheat so that harvest will occur in mid to late summer. Only
one parcel comprising half of the acreage (approximately 140 acres) will be sown each year. The other
half will be used by the City annually.
Year 1 - corn
Year 2 - soybeans
Year 3 - oats
Year'; — chart below
Fields
2018(Year 51
WF -1
Crop:
Corn
Plant Deadline:
May 15, 2018
Harvest
December 1, 2018
Deadline:
WF -2 &
Cr0E I
Wheat or Oats
October 25, 2017/March 1,
6A
Plant Deadline:
Harvest
2018
Deadline:
June 25, 2018
XV F-3 &
Cro) :
Soybeans
May 20,2018/
4
Plant Deadline:
Harvest
October 15, 2018
Deadline:
NOTE: WF -1 will need 180 lbs./ac of commercial nitrogen fertilizer applied to support a 2018 corn
crop.
As Lessee is utilizing an additional 83 acres of wastewater fields for public use, Lessee (private) owned
fields must be provided thus:
Fields
2018(Year 5)
FMF-1
Crop:
Corn
Spreadine
April 30, 2018
Plant Deadline:
Timeline:
Harvest Deadline:
December 1, 2018
FMF-2
Crop:
Wheat or Oats (Hay?)
Spreading
Plant Deadline:
Timeline:
Fertilizer June 25, 2018
October 25, 2017/Mar. 1,
Crop:
Spreading
Harvest Deadline:
2018
Timeline:
June 25, 2018
NOTE: Deadlines means the field task is completed on or preferable before and ready the neat
scheduled activity for the field.
ORGANIC FERTILIZER SPREADING SCHEDULE
City agrees to provide free organic fertilizer by the following schedule:
Fields
2018
«F-1
Crop:
Corn
Spreadine
Timeline:
WF -2 &
Crop:
Wheat or Oats
6A
Spreading
Start SpreadinE Organic
Timeline:
Fertilizer June 25, 2018
'*i'F-3 & 4
Crop:
Spreading
Soybeans
Back-up Spreading
Timeline:
April 10, 2018 to May 20,
2018
Wastewater property where sludge has been applied shall not be open to the public for a one year period
from the time the sludge is applied. (Property cannot be used for corn maze, etc.) For Wastewater fields
that do not receive commercial fertilizer. the Lessee is suspect of the vield. the annual rent will be
free for that acreage. For vear 5 (20181 this will be 84 acres or a reduction in overall rent by
$23,214.00.
6. Harvesting and Removal of Crops.
All crops shall be harvested and removed prior to December 315' of each -year
pai4ies—, unless there is excessive wet weather, incident, or flood that delays planting or harvesting.
Nevertheless planting and harvesting will take place promptly. In the event of excessive wet weather,
incident, or flood that delays planting or harvesting, Lessee in writing and shall provide Lessor a
date by which crops shall be harvested and removed, which shall be approved by the City. Failure to
harvest and remove the crops by this date or the other stated harvest deadlines will result in an
increase of the rent by $1,500 per calendar day_
On airport fields, fields shall be turned -over (plowed) within seventy-two (72) hours after they've
been harvested to remove stubble, grain or beans as a wildlife attractant.
7. Interference with Airport Operations.
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. 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. A 20 -foot wide "buffer zone" shall be established
adjacent to the Airport perimeter fence, around the entire perimeter, to help with maintenance and
security.
10. Operation of Equipment.
The Lessee should inform the Airport Supervisor or the on -duty tower controller before
operating vehicles or equipment on airport property. No farm machinery or vehicles of any kind are to be
left unattended or overnight within seven hundred fifty (750) feet of the centerline of runway 12/30, nor
within the thresholds of runway 12/30 within a strip three thousand (3,000) feet (or to the property line)
from the end of the runway along the extended centerline and one thousand five hundred (1,500) feet wide;
nor within five hundred (500) feet of runway 9/27, nor within restricted areas around the Instrument
Landing System (ILS) as designated by the Director of Public Works, or other
areas designated by the Director of Public Works. Equipment and vehicles
should not traverse in front of the ILS Glide Slope without clearance from the Jefferson City Control Tower
or Airport Supervisor.
13. Insurance.
Lessee agrees that it will at all times maintain general liability insurance, with a reputable insurance
company, in which shall include, but shall not be
limited to, protection against claims arising from bodily and personal iniury and damage to
property, resulting from all Lessee operations, products, services or use of automobiles, or
construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate. 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. Lessee shall save Lessor harmless from any loss, cost or damage that may
arise in connection with this lease or the use of demised premises by Lessee, or his/her agents, or
employees, or any other person using the premises.
WHEREAS, both parties wish to add the following sections to the agreement:
28. Liability.
The parties mutually agree to the following:
a. In no event shall the City be liable to the Lessee for special, indirect, or consequential damages,
except those directly or approximately caused by the City arising out of or in any way connected with
this contract.
b. The Lessee shall indemnify and hold the City harmless from and against all claims, losses and
liabilities arising out of personal injuries, including death, and damages to property to the extent caused
by any negligent act or omission on the part of the Lessee related to the services performed under this
contract.
29. Indemnity.
To the fullest extent permitted by law, the Lessee will indemnify and hold harmless the Lessor, its elected
and appointed officials, employees, and agents from and against any and all claims, damages, losses, and
expenses including attorneys' fees arising out of or resulting from the performance of the work, provided
that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death,
or to injury to or destruction of tangible property (other than the work itself) including the loss of use
resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of Lessee, any
sublessee, anyone -directly or indirectly employed by any of them or anyone for whose acts any of then may
be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party or person described in this paragraph.
TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this L�y of
=, 2018.
CITY OF JEFFERSON, MISSOURI FISCHER FARMS
Mayor Ja P ischer
ATTEST.
Ci Clerk -
APPROVED AS -TO FORM:
Ci Co selor
ATTEST:
KitAberly A. Fischer
Wastewater Fields