The URL can be used to link to this page

Home My WebLink AboutRES.493.02-20-1990 ! t BILL N0. 90-49 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGRICULTURAL LEASE WITH ROBERT J. NIEDERKORN FOR FARM LAND AT THE CAPE GIRARDEAU MUNICIPAL 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 enter into an Agricultural Lease with Robert J. Niederkorn for farm land at the Cape Girardeau Municipal Airport . A copy of said Lease is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS � DAY OF , 19_C�. ATTEST: David S. Limbaugh, Mayor Pro Tem . Vl. Julie ale Deputy � ity Clerk AGRICU LTURAL LEASE This Lease Agreement , made and entered into this ��-l1�- day of ,�� i , 19_,�, by and between the City of Cape Girardeau, Misso ri , a Municipal Corporation, hereinafter referred to as "Lessor " , and Robert J. Niederkorn, 221 Vicki Lynn Circle, Scott City, Missouri 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 : 1 . For a five ( 5) year period beginnina January 1 , 1990, and ending December 31 , 1994 , Lessor shall rent to Lessee all the land shown on Exhibit "A" which is shaded in red, being approximately two hundred eighty-nine ( 289) acres, more or. less . At the end of the term of this lease agreement , either party may at its option extend this lease agreement for one ( 1 ) additional period of five ( 5) years, provided , however , that either party may notify the other party in writing more than ninety ( 90) days prior to the end of the first five ( 5) vear term of this Lease that it does not desire to extend the term for an additional period and at that time the option shall expire. 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 Municipal Airport , and does not otherwise interfere with the aeronautical facilities for aviation purposes . Lessee is required to maintain constant communication 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 . 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 . 5 . Lessee agrees to pay to Lessor , during the term of this lease, rental payments in the amount of Sixty Dollars ( �60 . 00) per acr. e for each calendar year of this agreement for the real estate herein leased . The annual rental payments will be payable on the fifth day of January immediately following the close of each crop year as follows : Crop Year Due Date For Rental Payment 1990 January 5 , 1991 1991 January 5 , 1992 1992 January 5, 1993 1993 January 5 , 1994 1994 January 5, 1995 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 agrees that he will abide by all laws, provisions and requirements of Lessor , the State of Missouri , or the IInited 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. -2- 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 Notice to Lessee at the following address : 221 Vicki Lynn Circle, Scott City, Missouri 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 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 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 existing drainage ditches cleaned of weeds and debris, to restore and maintain adequate field drainage. The parties agree that any new ditching will be done by the City. 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 . f . 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 all receipts of tonnage and form of payment on lime purchases . g . The Lessee will be responsible for property taxes assessed by the County on the leasehold interest value of this lease . -3- h. Lessee further agrees that no burning of crop stubble will be conducted on the premises . i . Lessee further agrees to mow the grass on such portion of the airport property which is suitable for putting up hay and which is not included in the land to be farmed under this Lease. In exchange for Lessee ' s mowing of this grass , Lessee shall be permitted to take the hay off this property, if any. The decision of when and whether to mow this grass shall be made jointly and must be agreed to by both parties . j . Lessee. will be responsible for spraying of fence rows to maintain said fence rows free from weeds and brush . Lessee will provide the labor and the equipment necessary to spray the fence rows and the City will supply the necessary chemicals . The decision of when and whether to spray fence rows shall be made jointl_y and must be agreed to by both parties . 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 operatinq a farm, and assumes all risks of injury or damage in pursuance 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 . Lessee under the terms of this agreement agrees to cooperate with Lessor in making available to Lessor and future Lessees durinq 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. 13. The Lessee may also negotiate with the Lessor for any special services such as fence row cleaning and ditch clearing not otherwise covered by other terms of this Contract . 14. 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 agreed, or shall fail 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 -4- Section 34 , 35, 36, Township 30 North, Range 13 East , fifth Principal Meridian in Scott County, Missouri . 15. The parties hereto agree that should the City of Cape Girardeau acquire any additional farm property that Lessee shall have the right of first refusal at such time as the City negotiates to secure a tenant for such farm land. 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 . CITY OF CAPE GIRARDEAU, MISSOURI � ern`� -^��f�--�-�C onald Fischer, City Manager ATTEST: Juli . Dale, Deputy City Clerk i f� ,\.��I C .� , �`� � �� Robert J. N derkorn -5- i � � I, ............ � ,�,,, � � 'fl , D � � I�G,� ` �.�D � 6 ;� `i,c� ti' E \,\ :�I ; ,�� , i ,, , .',;��\ ' ,��\�'�\� �ti � ; � � � �� ' 6`� Ilt� _:�� a" �° I� . � � ,.1+ �' VIP Z�;1 I I / J/ � fi l ,�,/�� bI! �� l l ��I rl�/,. � � i i �� /�i./ /` I •• � �- a�l ll� . , ---- --- \ ' 1� _� '� ' �� i yj�� a / _ --=—=1)�_=__ _:'_'r' � �'� � <I i. � �� 1� � N / /� � N% � �'� �� / �,� -i � /�/ fi\\�`. %% ��A�z�\VAVA\ , %,j / i .... ,' , � i �R �� G�j � /� �D � < �� ' i. � - � .. � �� ,� �� i Ir � . i��.<'. / ;-f� ��. 1; 1 �� A i �J • - �� \; ��'J l-1,,�� / . � \ / � n^ "�'�� '; ��/ ' ' y/ �� r � `<� �\\�Slrry�� ( �� /i n' � /� `y'�-�7C'� ' , `�e�J j/ �� =a � \\ �\ � . � J i i ;i �� / � � �� -�4-1 Bq��/ d'`'O � ,i I'/ \ 'f��`\�\��\� ��`� / ° � N �• ��'>� I` c'� �ii�. �'i\� `�� G�, � _- - - _ 1 � `�\,i \ � ��\\�'i\i,'I ' . . _ �- - � I�\\\\\\\\�,��/,�� so' !e� / � — �';�� ._'ll^ II \ / N / /. �soa � _ — �IIa, Ib 7�� ,�% � D .� � :� I!! -:�__,-_ � j�� r�� i �- � � �,�� 7 � � A � �• r �i �) � G�=j � ....�G� ' .; � ■ � D %� � ��: -_ �`-- � ,•'/,�ri� '� � � � - L) i l ri� � �' � - ■ N '!l t! �l 4l � /�� ffi�N ,/ �/ � - ___ �� / � . �_ ' ',/ � ' .�'-- % II 'fi^6�f- • .�� ;�\ / i ,II�-r��w ;`� �� ' �i�Y � �I� 1 /, �,\ �/ �' 1 ,' �u1'-r '� // I� � ,~=Y' � L�----- ,% � i �� i � ��/.=__ � � �l � � � .°y .//; /i y, �� / 7 a G� � \ '� ,�, N '�/ �� ` . �� ,�'� ,i�, �•- � � � a ��/�� , \`\` \. ` ' � \\\ //� �'.1 � ��%�r� /i� v N / �j +�� / �� "� '� EXHIBIT ~A° , ,, �� ,; � � �a � � �