7408 - Contract Executed
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AGRICULTURAL LEASE AGREEMENT
BETWEEN THE CITY OF DENTON AND
WEBSTER & SON, LTD (RFP 7408)
This Denton Enterprise Airport Agricultural Lease Agreement (the “Lease”), is made and
entered into on ______________________, in which the City of Denton, Texas, a home rule
municipal corporation, (herein called “CITY”) devises and lets WEBSTER & SON, LTD, whose
address is 112 Seaborn Rd, PO Box 246, Ponder, TX 76259 (herein called “LESSEE”), the right
and privilege to use for agricultural purposes and for no other purposes, except as authorized
herein, the following real property located in the County of Denton, State of Texas, described as
follows:
Approximately 222 acres of land at the Denton Municipal Airport, which is surplus to
Airport needs, for agricultural purposes, as designated in the shaded portions on attached
Exhibit A, which is incorporated herein.
1. The Lease term will be three (3) years, effective from the date that the CITY provides
notice of the award to LESSEE (“effective date”). The Lease shall automatically renew
each year on the month and day of the effective date (“renewal date). This Lease shall have
the option to be automatically renewed for an additional two (2) one-year periods, resulting
in a total five (5) year Lease term. CITY shall have the right to adjust the compensation
LESSEE is required to pay, as set forth in Section 3 hereof, if CITY’S consultation with
the Denton County Agricultural Extension Office reveals that the average rental price of
farm land in Denton County has increased by more than five percent (5%) over the rent
provided in Section 3. LESSOR shall notify LESSEE in writing of any adjustment in the
rental within 30 days of receipt of notice from LESSEE.
2. LESSEE agrees to pay the CITY by check sent by U.S. Postal Service Mail and as partial
rental for the above-described property, the sum of two thousand three hundred thirty-one
($2,331.00) Dollars, which is $10.50 per acre, for 222 acres of land, per year. This rental
shall be payable in two (2) semi-yearly installments of one thousand one hundred sixty-
five and fifty cents ($1,165.50) Dollars each, the first installment to be paid on or before
the 15th of March of each year, and the second installment to be paid on or before the 15th
of September of each year of the term of this Lease. The five (5) year total, not-to-exceed
amount is eleven thousand six hundred fifty-five ($11,655.00).
In addition to such payment, LESSEE agrees to perform the following services for CITY as
consideration for the Lease of said property, to-wit:
A. To cut, bale, and promptly remove hay from the shaded portions on Exhibit A.
B. To call to the attention of Airport staff potential erosion areas on the Leased premises
and the areas that are to be mowed.
3. Land Area Available: (See Exhibit A attached). Approximately 222 acres of land is
available for agricultural usage LESSEE as follows:
A. Approximately 144 acres of usable land on the west side of the Airport. Also,
approximately 78 acres of usable land on the North side of the Airport.
B. Airport Clear Zones:
1. Airport Clear Zones are land areas along the runway that must be clear of crops and
be maintained in such a way as to be smooth with no holes or large rocks in the
area. Airport Clear Zones are the non-shaded areas between the Runways and the
Leased property, shown within Exhibit A. LESSEE MUST REMAIN CLEAR
OF THESE AREAS.
a. 150 feet to the West of Runway 17/35.
b. 300 feet to the south of the end of the Runway 17.
c. 300 feet to the north of the end of Runway 35.
2. The infield area between the runway and taxiway system cannot be utilized for
agricultural purposes.
3. Crops grown at the Leased premises are restricted by the following conditions:
a. Tall standing crops, over three feet in height, may not be grown within 150 feet
of the runway on the west side of the Airport.
b. Crops may not be grown between the runway and the taxiway system.
c. Crops may not be grown next to or in the vicinity of any FAA navigational unit
or structure.
4. Restrictions and Limitations:
A. The land leased should be used solely for cultivation of seasonal crops. LESSEE
shall conduct all cultivation and mowing in conformity with the good soil
conservation and pasture management practices.
B. At no time will LESSEE or any individual, agent, servant or employee of LESSEE
be allowed to park or leave unattended any farm equipment, tractor or vehicle
within 400 feet of the center line of the runway within any runway approach area
that is 500 feet from the threshold or within 50 feet of the edge of any taxiway or
apron.
C. At no time will the LESSEE or any individual, agent, servant or employee of
LESSEE be allowed to erect, construct or build any structure of any nature, or
remove or tear down any building or other improvement on the Lease property
without prior written approval of the CITY.
D. No new fences may be erected on the Airport property without prior written
approval of the LESSOR. All Airport boundary fence lines around the crop area
will be maintained by LESSEE.
E. Grazing or pasturing of animals will not be permitted on the Airport property or on
any Airport land leased for agricultural purposes.
F. LESSEE shall not sublease any portion of the Airport property.
5. Termination: The CITY shall have the right to terminate the Lease with or without cause
any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of
termination, the LESSEE shall promptly cease all further work pursuant to the Lease, with
such exceptions, if any, specified in the notice of termination.
6. The following special conditions shall govern the parties to this lease:
A. It should be understood that the CITY and the Federal Government shall have the
right to use any portion of the land for any purposes that they deem necessary. The
CITY will require that the areas in question be vacated within thirty-days (30) of a
written notification. Compensation for the recaptured land will be prorated on a
per acre basis, plus costs of growing crops destroyed.
B. The CITY will have access to the property leased at any time for purpose of any
inspection deemed expedient and for the purpose of surveying, utility placement,
as well as for the use as access routes to adjacent areas of the Airport or to public
roads.
C. Material crops and all other property of the LESSEE shall be removed from the
Airport leased land by the expiration date of this lease.
D. LESSEE agrees to indemnify, defend and hold harmless the CITY and its agents,
employees and representatives from all penalties arising from the violation of any
ordinance, order or regulation that should occur in the operation of the lease, as
well as from and against any and all liability for all claims, suits, losses, damages
or injuries to any person or property of any nature resulting from the carelessness,
negligence or improper conduct of the LESSEE or any of its agents or employees.
E. LESSEE agrees that it will not bring claim or suit against the CITY or assign any
cause of action because of an accident, fire, noise or disturbance resulting from the
crash of an aircraft operating in the vicinity of the Airport; taking off or landing at
the Airport; or occasioned by the presence and proximity of aircraft parked, being
fueled, taxiing or in-flight over the leased area.
F. LESSEE expressly agrees to deliver portions of such property to the CITY as
LESSEE'S crops are removed. Any crops remaining on the leased premises at the
end of the Lease term, shall become the property of CITY.
G. Further, the CITY assumes no responsibility of liability for harm, injury or any
damaging events which are directly or indirectly attributable to premise defects, or
conditions which may now exist or may hereafter arise upon the premises, any and
all defects being expressly waived by LESSEE.
The parties agree to transact business electronically. Any statutory requirements that certain
terms be in writing will be satisfied using electronic documents and signing. Electronic signing
of this document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: ___________________________
CITY:
CITY OF DENTON, TEXAS
BY: __________________________________
TODD HILEMAN, CITY MANAGER
LESSEE:
WEBSTER & SON, LTD
BY: ______________________________
AUTHORIZED SIGNATURE
___________________________________
PRINTED NAME
___________________________________
TITLE
___________________________________
PHONE NUMBER
___________________________________
EMAIL ADDRESS
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
_________________ _______________
SIGNATURE PRINTED NAME
___________________________________
TITLE
___________________________________
DEPARTMENT
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Exhibit A
Certificate Of Completion
Envelope Id: 4F7AB0F10060428CAD7E9600750D314C Status: Completed
Subject: Please DocuSign: City Council Contract 7408 - Airport Ag Lease
Source Envelope:
Document Pages: 6 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
9/18/2020 5:54:23 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 9/18/2020 6:01:42 PM
Viewed: 9/18/2020 6:01:52 PM
Signed: 9/18/2020 6:02:56 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 9/18/2020 6:02:57 PM
Viewed: 9/21/2020 5:38:30 PM
Signed: 9/21/2020 5:40:42 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 76.186.77.161
Sent: 9/21/2020 5:40:44 PM
Viewed: 9/25/2020 10:06:38 AM
Signed: 9/25/2020 10:07:32 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
T. Richard Webster
websterltd@yahoo.com
Owner/ Operator
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 107.77.199.14
Signed using mobile
Sent: 9/25/2020 10:07:35 AM
Resent: 9/29/2020 3:48:31 PM
Resent: 9/29/2020 3:48:42 PM
Resent: 10/4/2020 2:28:39 PM
Viewed: 10/6/2020 11:38:17 AM
Signed: 10/6/2020 11:43:51 AM
Electronic Record and Signature Disclosure:
Accepted: 10/6/2020 11:38:17 AM
ID: 96c0962c-d717-4844-85b9-5aa8d763856c
Signer Events Signature Timestamp
Scott Gray
Scott.Gray@cityofdenton.com
Director - Airport, Capital Planning, Facilities
x
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 10/6/2020 11:43:54 AM
Viewed: 10/6/2020 11:45:35 AM
Signed: 10/6/2020 11:45:47 AM
Electronic Record and Signature Disclosure:
Accepted: 10/6/2020 11:45:35 AM
ID: f78512ea-2000-4e37-8065-1a3252f49e61
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 10/6/2020 11:45:50 AM
Viewed: 10/28/2020 10:24:48 AM
Signed: 10/28/2020 10:25:05 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.184.93.41
Sent: 10/28/2020 10:25:08 AM
Viewed: 10/28/2020 11:56:16 AM
Signed: 10/28/2020 11:56:21 AM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 10/28/2020 11:56:24 AM
Viewed: 10/28/2020 11:57:54 AM
Signed: 10/28/2020 11:58:46 AM
Electronic Record and Signature Disclosure:
Accepted: 10/28/2020 11:57:54 AM
ID: 45b61dd9-9a3d-4e97-b8b8-9c7ab6c27b2e
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 9/18/2020 6:02:58 PM
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/6/2020 11:45:50 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Zolina Parker
Golina.parker@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 10/28/2020 11:58:48 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Leanne Hood
Leanne.Hood@cityofdenton.com
Administrative Assistant III
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/28/2020 11:58:49 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/28/2020 11:58:50 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/28/2020 11:58:50 AM
Certified Delivered Security Checked 10/28/2020 11:58:50 AM
Signing Complete Security Checked 10/28/2020 11:58:50 AM
Completed Security Checked 10/28/2020 11:58:50 AM
Payment Events Status Timestamps
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