1996-174 ORDINANCE NO q~_O '~_/7Z]d
A ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON AND TTS FARMING FOR PROPERTY
LOCATED AT THE CITY OF DENTON MUNICIPAL AIRPORT, DENTON, TEXAS AND
PROVIDING FOR AN EFFECTIVE DATE
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 pu~oses to TTS
Farming m return for the payment of annual rent in the sum of eighteen dollars and fifty five cents
($18 55) per acre for approximately 267 acres, and
WHEREAS, TTS Farming desire to lease the land at the airport for agricultural purposes and
agree to pay to the City the request rent, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECZION2. That the City Manager is hereby authorized to execute a lease agreement
between the City of Denton and TTS Farming, a copy of which is attached hereto and incorporated
by reference here~n
SEC'EIO2~AL That this ordinance shall become effective immediately upon its passage and
approval
Passed and Approved this the ~'~'t-day of ~ 1996
JA~R
ATTEST
JENNIFaER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
LEASE 6RD
AGRICULTURAL LEASE
BETWEEN THE CITY OF DENTON AND
ERNEST TRIETSCH, LEWIS TRIETSCH AND TODD SMITH
DBA TTS FARMING
By th~s Lease, entered ~nto the 6th day of AUGUST, 1996, the C~ty of Denton, Texas, hereto
called LESSOR dewses and lets TTS FARMING, herein called LESSEE, the right and prlwlege
to use for agricultural purposes and for no other purposes, except as authorized hereto, the
following real property located m the County of Denton, State of Texas, described as follows
Approxamately 267 7 acres of land at the Denton Mumc~pal A~rport, which Is surplus to
Airport needs, for agricultural purposes, as designated ~n the shaded port~ons on
attached Exlub~t A, wluch ~s incorporated here~n
1 The term ofthts Lease shall be for a period of one year begmmng on the 15th day of
SEPTEMBER, 1996, and endtng SEPTEMBER 14, 1997 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 w~th LESSOR written notme or,ts intent to renew for each addxt~onal one year
term not less than 60 days prior to the end of the term ofttus Lease LESSOR shall have the right
to adjust the compensat;on LESSEE ~s reqmred to pay, as set forth ~n Section 3 hereof, if
LESSOR'S consultation w~th the Denton County Agricultural Extension Office reveals that the
average rental price of farm land ~n Denton County has increased by more than five percent over
the rent proxaded m Section 3 LESSOR shall notify LESSEE ~n wntang of any adjustment xn the
rental w~thm 30 days of receipt of nottce from LESSEE
2 LESSEE agrees to dehver possession of smd land and prenuses to LFSSOR on
SEPTEMBER 14, 1997
3 LESSEE agrees to pay LESSOR m cash and as part~al rental for the above described
property, the sum of FOUR THOUSAND SIX HUNDRED THIRTY SEVEN AND 50/100
Dollars ($4,637 50) ($18 55 Dollars per acre for 250 acres of land) per year Th~s rental shall be
payable m two (2) setm-yearly installments of TWO THOUSAND THREE HUNDRED
EIGHTEEN DOLLARS AND SEVENTY-FIVE CENTS ($2,318 75) each, the first installment
to be ptud on or before September 15th of each year, commencmg September 15, 1996, and the
second ~nstallment to be paid on or before March 1 of each year of the term of th~s Lease
By September 15th of each year of the term oftbas Lease, should LESSEE have harvested
any crops on the 17 7 acres described ~n Section 4 B, the additional rental of THREE
HUNDRED TWENTY EIGHT DOLLARS AND THIRTY-FOUR CENTS ($328 34) shall be
due and payable for the year prior to the harvest
In addtt~on to such cash payment, LESSEE agrees to perform the following services for
LESSOR as cons~deratton for the Lease of smd property, to-w~t
A To smooth rough land areas that are vathm the shaded portions on Exlub~t A
B To remove trees and stumps that are w~tban the shaded portions on Exhibit A
C To call to the attention of the City's Admamstratlve Assistant potential erosion areas on
the Leased premtses and the areas that are to be mowed
D To back furrow or mow a dtstance often (10) feet from all fences m order to keep grass
and other vegetatton from beeormng a fire hazard
4 Land Area Available (See Exlub~t A attached) Approximately 267 7 acres of land is
available for agricultural usage LESSEE as follows
A Approximately 245 acres of usable land on the west side of the A~rport Also
approyamately 5 acres of usable land on the northwest s~de ofI L S Clear Zone west
of Masch Branch Road
B LESSEE may farm approximately 17 7 acres of usable land on the southeast end of
the garport along Westeourt Road, as tndtcated on Exhibit A If a crop can be
harvested from fins 17 7 acres of land, LESSEE is required to pay the land lease on
tbas 17 7 acres If no crop ts harvested, no rental is due
C garport Clear Zones
1 A~rport Clear Zones are land areas along the runway that must be clear of crops
and be rnmntmned m such a way as to be smooth with no holes or large rocks in
the area Parport Clear Zones are reflected on the attached Exlub~t B The
distance reqmrements for Pdrport Clear Zones Are
a 250 feet either side of the runway center line
b 1000 feet to the south of the end of the Runway 17
c 1000 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 tayaway
3 The infield area between the runway and tamway system cannot be utilized for
agricultural purposes
4 Crops grown at the Leased premtses are restricted by the following condttions
a Tall standing crops, over three feet m height, may not be grown witlun 250 feet
of the runway on the west stde of the Airport
b Crops may not be grown between the runway and the tayaway system
TTS FARM1NG LEASE/PAGE 2
¢ Crops may not be grown next to or ~n the VlClmty of any FAA nav~gaUonal unit
or structure
5 Restrictions and L~mitatlons
A The land leased should be used solely for cultivation of seasonal crops LESSEE
shall conduct all cultivation and mowing m conformaty with the good soft
conservation and pasture management practices
B At no t~me will LESSEE or any ~nd~xadual, agent, servant or employee of LESSEE be
allowed to park or leave unattended any farm equipment, tractor or velucle within
400 feet of the center hne of the runway w~tlun any runway approach area that is 500
feet from the threshold or vatban 50 feet of the edge of any tax,way or apron
C At not t~me will the LESSEE or any ~nd~vldual, agent, servant or employee of
LESSEE be allowed to erect, construct or build any structure of any nature, or
remove or tear down any bulldtng or other improvement on the Lease property
without prior written approval of the LESSOR
D No new fences may be erected on the Parport property without prior written approval
of the LESSOR All A;rport boundary fence hnes around the crop area will be
mamtmned by LESSEE
E Grazing or pastunng of ammals will not be penmtted on the Parport property or on
any garport land leased for agricultural purposes
F LESSEE shall not sublease any port~on of the Parport property
6 The following special con&t~ons shall govern the parties to ttus lease
A It should be understood that LESSOR and the Federal Government shall have the
right to use any port~on of the land for any purposes that they deem necessary The
LESSOR will reqmre that the areas In question be vacated w~ttun 30 days of a written
not~fieation Compensation for the recaptured land will be prorated on a per acre
bas~s, plus costs of growing crops destroyed
B Land designated as "Future Hangar Areas" may be used for cultivation However, ~t
Is expressly understood that no compensation to the LESSEE wall be made by
LESSOR for land or crops recaptured ~n these areas dunng the term of this
agreement The LESSOR will require that these Future Hangar Areas comprising of
apprordmately 17 7 acres shall be vacated w~tban tlurty (30) days of a written
notfficaUon
C The LESSOR will have access to the property leased at any time for purpose of any
inspeetxon deemed expedient and for the purpose of surveying, utd~ty placement, as
well as for the use as access routes to adjacent areas of the Parport or to pubhc roads
TTS FARMING LEASE/PAGE 3
D Material crops and all other property of the LESSEE shall be removed from the
3arport leased land by the expiration date of tins lease
E LESSEE agrees to xndemnffy, defend and hold harmless the LESSOR and tts agents,
employees and representatives from all penalties arising from the violation of any
ordinance, order or regulation that should occur tn the operation of the lease, as well
as from and against any and all habfl~ty for all claims, stats, losses, damages or lnjunes
to any person or property of any nature resulting from the carelessness, neghgence or
~mproper conduct of the LESSEE or any of its agents or employees
F LESSEE agrees that ~t vall not bnng clmm or stat against the LESSOR or assign any
cause of action because of an accident, fire, nmse or d~sturbance resulting from the
crash of an a~rcraf~ operating m the wclmty of the A~rport, taking offor landing at the
Pdrport, or occasioned by the presence and proximity of mrcraf~ parked, being fueled,
taxnng or ln-/hght over the leased area
G LESSEE expressly agrees to dehver portions of such property to the LESSOR as
LESSEE'S crops are removed Any crops remarmng on the leased premises on
September 14, 1997, shall become the property of LESSOR
H Further, LESSOR assumes no responstbfllty ofhabfl~ty for harm, injury or any
damagtng events winch are d~rectly or indirectly attributable to premise defects or
condtt~ons winch may now exJst or may hereafter arise upon the premises, any and all
defects being expressly watved by LESSEE
Executed tins the 6th day of August, 1996
CITY OF DENTON, TEXAS, LESSOR
~ED BENAVIDES, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L POUTY, CITY ATTORNEY
TTS FARMING LEASE/PAGE 4
TTS FARMING
ERNEST TRIETSCH, LESSEE
~ODD SMITH, LI~SSEE
TTS FARMING LEASE/PAGE 5
(! o~: 2)
DATE AUGUST 24, 1996
CL~ORT
TO Mayor and Members of the City Council
FROM Ted Benavldes, City Manager
SUBJECT BID//1919 - LEASE OF AGRICULTURAL LAND AT MUNICIPAL AIRPORT
RECOMMENDATION. We recommend this bid be awarded to the highest bidder, TTS Farming,
(Ernest Tnetsch, Lewis Tnetsch and Todd Smith) in the amount of $18 55 per acre
SUMMARY: This bid is for the agricultural lease of approximately 267 acres of land located at the
Municipal Airport The land use is restricted to crop land only No grazing of livestock or
construction of any type is permitted This is a one year contractual agreement renewable for four
additional one year terms
The estimated revenue from this lease is $4,950 00 per year
BACKGROI. I]g~ Tabulation Sheet
PROGRAMS.. DEPARTMENTS OR GROUPS AFI~ECIED~ Airport Operations
FISCAL IMPACT. The revenues generated from this land lease will be applied to General Fund
Revenue
Respectfully submitted
Ted Benavldes
City Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
754 AGENDA
BID # 1919
~ TTS FARMING DONALD
tBID NAME LEASE OF AGRICULTURAL TRIETSCH, PADDOCK
i LAND AT AIRPORT TRIETSCH,
PE~N DATE JULY 11, 1996 & SMITH
~ ~ESCm~:ior~ w~o~ ~ ~V~NDO~ ~ yEN~O~ VENbO~ V~NDO~
LEASES OF LAND FOR
AGRICULTURAL PURPOSES $18 55 AC $18 00 AC