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HomeMy WebLinkAboutRES.2288.07-09-2007BILL NO. 07-121 RESOLUTION NO. 00 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRICULTURAL LEASE WITH SCHLOSSER BROTHERS FARMS FOR LEASE OF REAL ESTATE AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agricultural Lease with Schlosser Brother Farms for lease of real estate at the Cape Girardeau Regional Airport. A copy of said Lease is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS A,tit, DAY OF � 1J' -;j 20 [` ( &Jay)Knud!t7,Mayor ATTEST: , AA0 A &to -j Gayle 16. Conrad, City Clerk AGRICULTURAL LEASE This Lease Agreement, made and entered into this day of , 2007, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "Lessor", Schlosser Brothers Farms, 9322 State Hwy N, Scott City, MO 63780, hereinafter referred to as "Lessee", WITNESSETH: In consideration of the rent to be paid by Lessee to Lessor and in further consideration of the mutual promises and conditions herein contained, Lessor and Lessee do hereby make and enter into the following agreements: For a period beginning July 1, 2007, and ending December 31, 2007, and for a three (3) year period beginning January 1, 2008, and ending December 31, 2010, Lessor shall rent to Lessee all the land shown on Exhibit "A" 60.76 acres more or less. 2. Specifically excluded from the Lease is all land which is used for aeronautical and aeronautical -related purposes including but not limited to, all clear zones, instrument landing systems, roadways, runways, aprons, taxiways, parking lots, electrical substations, drainage ditches, sewage disposal facilities and building sites. Lessor does not present to Lessee the exact acreage of land which is available for agricultural purposes, and Lessee agrees that he has made, and relied upon his own estimate to the tillable acreage. 3. Lessee may farm the real estate herein leased, and produce crops or agricultural products of any and all kind so long as the crops remain less than five (5) feet in height and the growing of the same does not interfere with the safe operation of any and all types of aviation conducted at the Regional Airport, and does not otherwise interfere with the aeronautical facilities for aviation purposes. Lessee is required at all times to maintain constant communication via VHF radio with the Air Traffic Control Tower to ensure safe operation of movements for the farm operation with regard to aircraft movements. Lessee shall be responsible for obtaining a two-way VHF transceiver to facilitate this requirement. Any incident found in which the Lessee is not utilizing radio communication with the Control Tower shall be grounds for termination of this lease agreement. 4. It is understood and agreed by and between the parties hereto that no crops may be grown within the runway or taxiway safety areas, nor in such a way as to restrict the line of sight between runways, or cause interference with navigational or visual approach aids, nor may crops be grown on land inside the ditches which are adjacent to the runways and taxiways, or nearer than ten (10) feet from any such ditch, runway, taxiway, road, building, fence or other nonagricultural facility. Lessee hereby acknowledges that the Little River Drainage District holds easements on and/or adjacent to the subject property which may affect Lessee's use of the property. Lessee agrees to comply with all of the terms and Page 1 of 5 restrictions contained in those easements, and further agrees to release and hold the City of Cape Girardeau harmless from any damage to crops which may be caused by any action or failure to act by the Little River Drainage District. 5. Lessee agrees to pay to Lessor, during the term of this lease, rental payments for the real estate herein leased equaling a total of Twenty seven thousand one hundred thirty-five dollars and forty-two cents ($27,135.42) over the nearly four year period. The annual rental payments will be payable on the fifth (5t") day of January immediately following the close of each crop year as follows.- Crop ollows: Crop Year Rental Payment Due Date for Rental Payment 2007 (short year) $3,876.49 January 5, 2008 2008 $7,752.98 January 5, 2009 2009 $7,752.98 January 5, 2010 2010 $7,752.98 January 5, 2011 Lessor may reduce the area to be farmed as shown on Exhibit "A", if it is necessary to do so for the proper operation and development of the airport. In the event of a reduction by Lessor of the area to be farmed by Lessee, the rent to be paid by Lessee to Lessor shall be reduced proportionately for the number of acres by which the area is reduced by Lessor. 6. Lessee shall keep and hold harmless Lessor, its employees, agents, servants and assigns from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of Lessee, by reason of death or injury to persons, or loss or damage to property, resulting from Lessee's operations hereunder, or as a result of anything claimed to be done or omitted to be done by Lessee, his agents or employees hereunder. Lessee shall procure and maintain in effect for the term of this lease agreement, liability insurance in an amount not less than $300,000.00 per person and $2,000,000.00 for any one accident involving injury, including death or property damage, to more than one person, plus annual increases in those limits as set out in Sec. 537.600 RFMo. Lessee agrees that he will abide by all laws, provisions and requirements of Lessor, the State of Missouri, or the United States Government or any agency thereof, pertaining to the use and operation of said airport. In the event a dispute should arise between the parties hereto as to whether a particular crop or agricultural use made by Lessee is unsafe for aeronautical purposes, the rules and regulations of the Federal Aviation Administration shall be controlling in settling such dispute. Lessee agrees to lease the property subject to FAA regulations which are incorporated herein and made a part hereof. Lessee further agrees not to make any use of the premises which would be harmful to the fertility of the soil. Lessee further agrees not to construct any buildings or improvements upon the leased land. Lessee agrees that he will not maintain any nuisance or unsafe condition which would interfere with the aeronautical use of said premises, and that should any such nuisance or unsafe condition occur, that Lessor has the right to take immediate action without notice to abate the nuisance or unsafe condition. Page 2 of 7. In the event of a breach of any of the covenants or agreements of this Lease, the Lessee shall upon written notice of said breach, remedy the breach, and if said breach shall not be corrected within five (5) days, this Lease may be immediately terminated at the option of Lessor, and Lessor may require Lessee to immediately vacate and relinquish possession of said premises. It shall be sufficient to satisfy the written notice requirement, a. for Lessor to mail a copy of said Notice to Lessee at the following address: Schlosser Brothers Farms, 9322 State Hwy N, Scott City, MO 63780, by ordinary mail, in which case the said Notice shall be deemed received by Lessee when deposited in the United States mail with postage pre -paid, or b. for Lessor to hand deliver a copy of said Notice to Lessee. 8. Any failure on the part of the Lessor to enforce any term of this lease shall not be construed as a waiver of any future breeches by the Lessee. 9. On the termination of this Lease, for any reason, Lessee shall immediately relinquish peaceable possession of said premises without notice from Lessor, and shall return said premises to Lessor in as good condition as when received. 10. Lessee further covenants and agrees: a. To use the premises for agricultural purposes only. b. To harvest and remove all crops in due season. c. Lessee shall be responsible for mowing and maintaining all sides of existing drainage ditches, field edges, roads, buildings, fences, and/or other nonagricultural buildings to keep them cleared of weeds and debris, and to restore and maintain adequate field drainage. Lessee shall be responsible for new ditching as required to ensure proper field drainage. Lessee shall receive written authorization from Lessor prior to any new ditching of leased property. d. To destroy all noxious weeds and nuisances in compliance with Federal, State and Local law. e. To commit no waste or damage on said premises and to permit none to be done. To take soil samples to be tested by the County Extension Service each year to determine the amount of lime that needs to be applied by the tenant. Tenant agrees to comply with the recommendations of the County Extension Service based on those tests. Lessee shall apply lime and fertilizer in accordance with the recommendations of the County Extension Service tests. The Lessee will supply the Lessor with a copy of the County Extension Service Soil Testing Report, and all receipts of tonnage and form of payment on lime purchases. Such report and receipts shall be submitted to the airport Page 3 of 5 manager's office not later than December 30 of each year during the duration of this lease. g. The Lessee will be responsible for property taxes assessed by the County on the leasehold interest value of the lease. h. The Lessee will pay any fees or penalties assessed by any County, State, or United States Government agency as it pertains to this property in order to farm such property. i. Lessee further agrees that no burning of crop stubble will be conducted on the premises without prior written approval of the Lessor. Lessee will be responsible for spraying fence -rows at least annually, or at any other time when requested by the airport manager, to maintain said fence rows free from noxious weeds and brush. Lessee will provide the labor, chemicals and equipment necessary to spray the fence -rows. k. During planting and harvesting season, Lessee will be responsible for removing any equipment brought onto the leased property for agricultural use in a timely manner, not to exceed ten (10) days. Any and all equipment shall be removed from airport property at least three days prior to any airport event. When out of the planting & harvesting season, no agricultural equipment shall be stored on airport property. 11. Lessee takes possession of the leased premises and performs the services to be rendered as an independent contractor, subject to the usual hazards of operating a farm, and assumes all risks of injury or damage in pursuance of his farming the land herein leased. 12. Lessor covenants that the Lessee shall peaceably hold and enjoy said premises during said term without interruption by Lessor, or any person rightfully claiming under him, except as herein provided. 13. This lease shall not be assignable nor any part of the premises sublet by Lessee without the prior written consent of Lessor. Lessee under the terms of this agreement, agrees to cooperate with Lessor in making available to Lessor and future Lessees during the fall of the last year of this lease, those portions of the leased premises where crops have been harvested so that future Lessees can prepare for planting that land not used by this Lessee for crops. 14. The Lessor may also negotiate with the Lessee for any special services, such as land preparation for special events, not otherwise covered by other terms of this Lease. 15. Lessor shall have the landlord's lien provided by law as security for the rental herein specified, and if the Lessee shall fail to cultivate said premises as herein Page 4 of 5 agreed, or shall fail, in the sole determination of Lessor, to keep any of the other covenants in this Lease contained, Lessor, at the Lessor's election, may terminate this lease. This lien shall cover crops on the land herein leased being located in part of the North half of the Northwest Quarter of Section 35, Township 30 North, Range 13 East in the City of Cape Girardeau in Scott County, Missouri, as described in the attached legal description. In the event of a bankruptcy filing for or against Lessee, Lessee shall consider this lien a priority claim. This Lease shall be binding upon the parties hereto, their executors, administrators, heirs, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be executed on the day and year first above written. ATTEST: Gayle L. Conrad, City Clerk ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI Douglas K. Leslie, City Manager Rick Schlosser, Schlosser Brothers Farms Dale Schlosser, Schlosser Brothers Farms Page 5 of 5 EXHIBIT A Part of the North half of the Northwest Quarter of Section 35, Township 30 North, Range 13 East in the City of Cape Girardeau in Scott County, Missouri described as follows: Begin at the Northwest Corner of said Section 35 with said point being the Point of - Beginning; thence South 89 050'28" East, 2716.37 feet more or less to the Northwest Corner of the Northeast Quarter of said Section 35; thence South 89 050-28 East, 1358.18 feet more or less to a point; thence South 00 009'30" East, 650 feet more or less to a point; thence North 89 047'24" West, 1355.18 feet more or less to a point; thence North 89 048'25" West, 2721.18 feet more or less to a point; thence North 00 000'00" East, 647.16 feet more or less to the Point of Beginning. Containing 60.76 a(-rPq mnrP nr IPrc;_ CITY OF CAPE GIRARDEAU BID TABULATION BID OPENING: 06/15/07 BID NO.: 1001616 SUBJ.: AIRPORT AGRICULTURE LEASE DEPT.: AIRPORT H & B Farms 629 County Hwy 341 Bendton MO 63736 Rick Schlosser 9322 State Hwy N Scott City MO 63780 DESCRIPTION QTY UNIT Per acre price for 6 Months 60.76 acre Per acre price for 36 Months 60.76 acre COST TOTAL 75.00 455700 115.00 6,987.40 COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST 63.8000 3,876.49 0.00 0.00 0.00 0.00 127.6000 7,75 .98 0.00 0.00 0.00 Total contract for 3-1/2 years 2551 .20 27,135.42