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Home My WebLink AboutRES.128.02-06-1985 • ; � BILL N0. 85-2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO ENTER INTO A LEASE AGREEMENT WITH VINCE HOWARD BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau, Missouri, is authorized to enter into a Lease Agreement with Vince Howard. A copy of this Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS -_�� DAY OF , 1985. f��( � U� Howard C. Tooke, Mayor ATTEST: � � ITY CLERK � • � F � AGRICULTURAL LEASE This Lease Agreement, made and entered into this lst day of January, 1985, by and between the City of Cape Girardeau, Missouri , a Municipal Corporation, hereinafter referred to as "Lessor" , and Vince Howard, 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 the one ( 1 ) year period beginning January 1, 1985 through December 31, 1985 Lessor does lease to Lessee all of the land shown on Exhibit "A" , attached hereto and made a part hereof, which is shaded in red and orange, being approximately Two Hundred Fourteen ( 214) acres, more or less . 2. For the one ( 1) year period beginning January 1, 1986 through December 31, 1986 Lessor does lease to Lessee all of the land shown on Exhibit "A" , which is shaded in red and � green, being approximately Two Hundred Twenty-Four ( 224 ) acres , more or less. 3. For the two year period beginning January 1 , 1987 through December 31, 1988 Lessor does lease to Lessee a total of between Two Hundred ( 200 ) and Two Hundred Fifty ( 250 ) acres, more or less, of land located within the borders of the areas outlined in red shown on Exhibit "A" . The exact locations of the lands to be leased to Lessee are to be determined immediately prior to January 1, 1987 and January 1, 1988, for each of those years of the lease. 4 . 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, 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 of the tillable acreage. 5. 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 . 6 . 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, or other nonagricultural facility. 7. Lessee agrees to pay to Lessor, during the term of this lease, rental payments on or before December 31st of each year of the Lease period, in the amount of Ninety-One Dollars and Ten Cents ($91 . 10) per acre per year for the real estate herein leased . 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 . 8. 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 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 . � 9 . In the event of a breach of any of the covenants or agreements of this Lease, the Lessee shall upon written notice -2- � 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 reguirement, a . for Lessor to mail a copy of said Notice to Lessee at the following address : 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. 10. 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. 11 . 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. 12. 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 . 13. 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. 14 . 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 -3- � Lessees during the fall of the 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. 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 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 being located in Section 34, 35, 36, Township 30 North, Range 13 East, Fifth Principal Meridian in 5cott 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 on the day and year first above written . CITY OF CAPE GIRARDEAU, MISSOURI � Gary A. 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