The URL can be used to link to this page

Home My WebLink About2001-372ORDINANCE NO A00/�'3 qA AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE LEASE OF AGRICULTURAL LAND AT THE MUNICIPAL AIRPORT AND PROVIDING FOR AN EFFECTIVE DATE (BID 2713 — LEASE OF AGRICULTURAL LAND AT MUNICIPAL AIRPORT) WHEREAS, the City of Denton has certain property located at the Denton Municipal Airport, Denton, Texas, and WHEREAS, the City of Denton desires to lease the property for agricultural purposes to Danny Schertz Farming in return for the payment of annual rent in the sum of Twenty dollars and Fifty cents ($20 50) per acre for approximately 264 acres, and WHEREAS, Danny Schertz, desires to lease the land at the airport for agricultural purposes and agrees to pay to the City the requested rent, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION. 1 That the City Manager this designee is hereby authorized to execute a lease agreement between the City of Denton and Danny Schertz, a copy of which is attached hereto and incorporated by reference herein S CT� ION 2 That this ordinance shall become effective immediately upon its passage and approvall� /,(-(1/ Passed and Approved this the � ' day of 2001 EULINE BROCK, MAYOR ATTEST — W—L - — NA ml� - APIAQVED ADO LEG4FORM Lrul?MIRT T iGrl�T T Y/CtrY ATTORNEY BY Bid 2713 r LEASE for Ai Agricultural ordinance 9-01 AGRICULTURAL LEASE BETWEEN THE CITY OF DENTON AND By this Lease, entered into the day of August, 2001, the City of Denton, Texas, herein called LESSOR devises and lets v� , ScV.2f __, herein caned 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 264 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 term of this Lease shall be for the period from the 1" day of September, 2001, and ending August 31, 2002 LESSEE shall have the right to renew the Lease for up to four additional one-year terms If LESSEE desires to renew the Lease, LESSEE shall file with LESSOR written notice of its intent to renew for each additional one-year term not less than sixty days (60) prior to the end of the term of this Lease If LESSEE does not renew the terms of this lease, LESSEE shall LESSOR shall have the right to adjust the compensation LESSEE is required to pay, asset forth in Section 3 hereof, if LESSOR'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 deliver possession of said land and premises to LESSOR on September 2002 or to renew for an additional one year time period 3 LESSEE agrees property, the sum of 250 acres of land) per to pay LESSOR in cash and as partial rental for the above -described (90 - SO ( Dollars per acre for year This rental shall be payable in two (2) semi -yearly installments of y r Dollars ($�) each, the first installment to be paid on or )01 and the second installment to be paid on or before February 1, 2002 Vear the term of this lease By August 31gt of each year of the term of this Lease, should LESSEE have harvested any crops on the 32 acres described in Section 4 B , the additional rental of ($ ) shall be due and payable for the year prior to the harvest In addition to such cash payment, LESSEE agrees to perform the following services for LESSOR as consideration for the Lease of said property, to -wit A To smooth rough land areas that are within the shaded portions on Exhibit A B To remove trees and stumps that are within the shaded portions on Exhibit A C To call to the attention of the City's Airport Management potential erosion areas on the Leased premises and the areas that are to be mowed D To back furrow or mow a distance often (10) feet from all fences in order to keep grass and other vegetation from becoming a fire hazard 4 Land Area Available (See Exhibit A attached) Approximately 264 acres of land is available for agricultural usage LESSEE as follows A Approximately 228 acres of usable land on the west and north side of the Airport Also approximately 4 5 acres of usable land on the northeast side of I L S Clear Zone west of Masch Branch Road B LESSEE may farm approximately 32 acres of usable land on the southeast end of the Airport along Westcourt Road, as indicated on Exhibit A Page 2 If a crop can be harvested from this 32 acres of land, LESSEE is required to pay the land lease on this 32 acres If no crop is harvested, no rental is due C 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 reflected on the attached Exhibit A Page 1 The distance requirements for Airport Clear Zones Are A 275 feet either side of the runway center line B 1,200 feet to the south of the end of the Runway 17 C 1,200 feet to the north of the end of Runway 35 2 Acres along the taxiway must be clear and unobstructed for a distance of 75 feet from the center of the taxiway The infield area between the runway and taxiway system cannot be utilized for agricultural purposes 4 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 250 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 5 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 sod 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 1,200 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 budding or other Improvement on the Lease property without prior written approval of the LESSOR D No new fences may be erected on the Airport property without prior written approval of the LESSOR LESSEE will maintain all Airport boundary fence lines around the crop area 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 6 The following special conditions shall govern the parties to this lease A It should be understood that LESSOR and the Federal Government shall have the right to use any portion of the land for any purposes that they deem necessary The LESSOR 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 Land designated as "Future Development Areas" maybe used for cultivation However, it is expressly understood that LESSOR will make no compensation to the LESSEE for land or crops recaptured in these areas during the term of this agreement The LESSOR will require that these Future Hangar Areas comprising of approximately 32 acres shall be vacated within thirty -days (30) of a written notification C The LESSOR will have access to the property leased at any time for purpose of any inspection deemed expedient and forthe purpose of surveying, utility placement, as well as for the use as access routes to adjacent areas of the Airport or to public roads D Material crops and all other property of the LESSEE shall be removed from the Airport leased land by the expiration date of this lease E LESSEE agrees to indemnify, defend and hold harmless the LESSOR 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 F LESSEE agrees that it will not bring claim or suit against the LESSOR 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 G At cancellation or non -renewal of lease, LESSEE expressly agrees to deliver portions of such property to the LESSOR as LESSEE'S crops are removed Any crops remaining on the leased premises on September 1, 2002, shall become the property of LESSOR H Further, LESSOR assumes no responsibility of liabilityfor 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 Executed this the day of e , 2001 CITY OF DENTON, TEXAS, LFPSOR BY MICHAEL A CO C MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY 13'1 HERBERT L pA,'Q'`fY, C,r ATTORNEY m L |\ 0 2 lod.01v ; ULM I Vim EXHIBIT A PAGE 2 OF 2 MUNICIPAL AIRPORT /\ / Airport f I Buildings FZJ Fonco Lmasa Parking Lots/Aprons Building Occupants 1 Bert Mahon/Storage 2 Bert Mahon/Storage 3 Dave Austin -Dwight Hatcher 4 First Financial/Storage 5 Ralph Slater/Storage 6 John Selvidge/Storage 7. Dr J R.Almond/Aircraft Museum 8 Bob Smith/Robert Powelson/Sales 9 Excel Aviation 10 Excel Aviation/Aircraft Maintenance 11 Au4in Avionics/Storage 12 Ezell Aviation/Fixed Based Operator North American Flight Academy 13 Crty of Denton/Storage 14 Crty of Denton/Airport Terminal 15 Texas Alr/Fixed Based Operator Texas Air Charter/Air Cargo 16 Texas Air/Storago 17 Texas Air/Storage 18 TexasAlr/Storago 19 Butch Johnsoit/Maintonance 20 Avionics International/Aircraft Parts 21 Ritchey Corporate Hangar 22 Judge Don Windle/Storage 23 Hangar IO/AlrcraftMuseum 24 Nebrig & Assoc /Aircraft Brokorage 25 Jim Osborn o/Storago/Storago 26 Robort Malecheck/Storago 27 Steven Malecheck/Storage 28 David Rosol/Storage 29 Charles Grant/Storage 30 Doug Weyer/Storage