HomeMy WebLinkAboutCityMgrForm.1407.12-20-1978 � '.
CITY MANAGER FORP�I ORDINANCE N0. ��
AN ORDINANCE APPROVING THE FORM OF AN AGREEMENT TO LEASE CERTAIN
LAND FOR AGRICULTURAL PURPOSES AT THE CAPE GIR.ARDEAU MUNICIPAL
AIRPORT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND KEITH
SCHAPER, AUTHORIZING THE MAYOR TO EXECUTE
WHEREAS, the City of Cape Girardeau, Missouri, is the owner
and operator of the Cape Girardeau Municipal Airport; and
WHEREAS, the City desires to lease certain land at the Cape
Girardeau Municipal Airport to Keith Schaper for purposes of
engaging in farming; and
WHEREAS, the said parties desire to enter into an agreement
for the lease of said agricultural land;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TINE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION l. The "Agricultural Lease" , copy attached hereto
marked Exhibit "A'° , between the City of Cape Girardeau, Missouri
and Keith Schaper, is approved as to form.
SECTION 2. The Mayor of the City of Cape Girardeau, Missouri,
is hereby authorized and directed to execute said �gricultural
Lease for and on behalf of the City of Cape Girardeau, Missouri.
SECTION 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
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PASSED AND APPROVED THIS oZ O DAY OF �'�:�r vti-�^'"
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1978.
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�-�-� --��: �:�
� :�, � . ..
MAYOR
ATTEST:
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/ �
iL�L _ � ���Q-�-���-�-�
CITY CLERK
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AGRICULTURAL LEASE
This Lease Agreement, made and entered into this lst day of
January, 1978, by and between the City of Cape Girardeau, Missouri,
a Municipal Corporation, hereinafter referred to as "Lessor" , and .
Keith Schaper of Jackson, Missouri, 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 hereby leases to Lessee all of the land
shown on Exhibit "A" , attached hereto and made a part hereof,
which is bordered in Red, being approximately Two Hundred and
Eighty-One (281) acres, more or less. Specifically excluded
from this Lease is all land which is used for aeronautical and
aeronautical -related purposes including but not limited to,
instrument landing systems, roads, runways, aprons, taxiways,
parking lots, electrical substations, drainage ditches, sewage
disposal facilities and building sites. Lessor does not represent
to Lessee the exact acreage of land which is available for agri-
cultural purposes, and Lessee agrees that he has made, and relied
upon his own estimate of the tillable acreage.
1. Lessee may farm the real estate herein leased, and
produce crops or agricultural products of any and all kind so
long as the crops or the growing of the same does not interfere
with the safe operation of any and all types of aviation conducted
at the Municipal Airport, and does not otherwise interfere with
the aeronautical facilities for aviation purposes. In the approach
areas to the runways, the areas between runways, and in those
areas where crops would otherwise obstruct the line of sight on a
runway to any point on any other runway, Lessee agrees to grow
small crops whose maximum height shall not exceed that set down
by the Federal Aviation Administration (FAA) .
2. It is understood and agreed by and between the parties
hereto that no crops may be grown on land inside the ditches
EXHIBIT �A„
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which are adjacent to the runways and taxiways, or nearer than
ten (10) feet from any such ditch, runway, taxiway, road, building,
or other nonagricultural facility.
3. This lease shall be for a period of five (5) years,
beginning as of January 1, 1979, and terminating December 31,
1983. Lessee understands and agrees that he may take immediate
possession of approximately one hundred sixty-six (166) acres out
. of the approximate two hundred eighty-one (281) acres covered by
this lease. Lessee understands and agrees that he shall take
possession of the approximate remaining one hundred and fifteen
(115) acres on June 30, 1979. All of Lessee' s rights in the
approximate two hundred eighty-one (281) acres herein leased or
any portion thereof shall cease and terminate on December 31,
1983.
4 . Lessee agrees to pay to Lessor, during the term of this
lease, an annual rental payment on or before December 31st of
each year, beginning in the year 1979, the sum of Eighteen Thousand
Five Hundred Eighty-Eight Dollars and Fifteen Cents ($18,588.15)
for the real estate herein leased. Lessor may reduce the area
to be farmed as shown on Exhibit "A" , if Lessor feels 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.
5. 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 agrees that he will• abide
by all laws, provisions and requirements of Lessor, the State of
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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 take 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.
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 ten (10) 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 Noticc to Lessee
at the following address: Keith Schaper, Jackson,
Missouri 63755, by ordinary mail, in which case
the said Notice shall be deemed received by Lessee
when deposited in the United States mail with
postage prepaid, or
b. for Lessor to hand deliver a copy of said Notice
to Lessee.
8. On the termination of this Lease, for any reason, Lessee
shall immediately relinquish peaceable possession of said premises
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without notice from Lessor, and shall return said premises to
Lessor in as good condition as when received.
9. 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. To keep all ditches cleaned of weeds and debris.
d. To destroy all noxious weeds and nuisances in
compliance with State law and Federal law.
e. To commit no waste or damage on said premises and
to permit none to be done.
10. 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 pur5uance of his farming the land
herein leased.
11. 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.
12. This lease shall not be assignable nor any part of the
premises sublet by Lessee without the prior written consent of
Lessor.
13. Lessee understands that the farm has been previously
leased under a term which expires December 31, 1978, with the
exception that the prior Lessee has the right to farm one hundred
fifteen (115) acres of land for the purposes of planting a Fall
crop during the Fall of 1978, which crop must be harvested by
June 30, 1979, at which time the prior Lessee will forfeit all
rights to the use of that one hundred fifteen (115) acres.
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
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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. Lessor shall have the landlord' s lien provided by law as
security for the rental herein specified, and if the Le�see shall
fail to cultivate said premises as herein agreed, or shall fail
to keep any of the other covenants in this Lease contained,
Lessor may have the necessary work done and shall be reimbursed
therefor from the Lessee' s share of the crops, or may, at the
Lessor' s election, terminate this lease. This lien shall cover
crops on the land herein leased b�ing located in Section 34, 35,
36, Township 30 North, Range 13 East, Fifth Principal Meridian in
Scott County, Missouri.
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 in duplicate on the day and year first
above written.
CITY OF CAPE GIRARDEAU, MISSOURI
By , --
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au W. Stehr, Mayor
ATTEST:
Verna L. Landis, City Clerk
Keith Schaper
5.
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