2004-304
FILE REFERENCE FORM 2004-304
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First Amendment – Ordinance No. 2009-301 12/01/09
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE LEASE OF AGRICULTURAL LAND AT THE MUNICIPAL AIRPORT;
PROVIDING AN EFFECTIVE DATE (BID 3216-LEASE OF AGRICULTURAL LAND AT
MUNICIPAL AIRPORT AWARDED TO LARRY DOWNE IN THE AMOUNT OF $5500
PER YEAR FOR A TOTAL OF $27,500 OVER A FIVE YEAR PERIOD).
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
Larry Downe in return for the payment of annual rent in the stun of Twenty Two dollars and no
cents ($22.00) per acre for approximately 250 acres; and
WHEREAS, Larry Downe, 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 or his designee is hereby authorized to execute a
lease agreement between the City of Denton and Larry Downe, a copy of which is attached
hereto and incorporated by reference herein.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ,fi-If/' day of ~-~//, 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED A/S2TO LE
BY: ~
A~LT FORM:
Y ATTORNEY
AGRICULTURAL LEASE
BETWEEN THE CITY OF DENTON AND
By this Lease, entered into the 15th day of October, 2004, the City of Denton, Texas, herein
called LESSOR devises and lets Lan'y Downe, 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 250 acres of land at the Denton Municipal Airport, which is surplus to
Airport needs, for agricultural proposes, as designated in the shaded portions on attached
Exhibit A, which is incorporated herein.
1. The term of this Lease shall be for a period of one year beginning on the 5th day of October,
2004, and ending October 4, 2005. 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. LESSOR shall have the right to adjust the compensation
LESSEE is required to pay, as set forth in Section 3 hereof, if LESSOR'S consultation with the
Denton County Agricultural Extension Office reveals that the average rental pr/ce 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 October 5,
2004.
3. LESSEE agrees to pay LESSOR in cash and as partial rental for the above-described
property, the sum of Five Thousand, Five Hundred ($5,500.00) Dollars, which is $22.00 per acre for
250 acres of land per year. This rental shall be payable in two (2) semi-yearly installments of Two
Thousand, Seven Hundred, Fifty ($2,750.00) Dollars each, the first installment to be paid on or
before October 15th of each year, commencingOctober 15, 2004, and the second installment to be
paid on or before April 1st of each year of the t~rm of this Lease.
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 Administrative Assistant 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 250 acres of land is
available for agricultural usage LESSEE as follows:
A. Approximately 245 acres of usable land on the west side of the Airport. Also
approximately 5 acres of usable land on the northwest side of I.L.S. Clear Zone west of
Masch Branch Road.
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 reflected on the attached Exhibit B. The distance
requirements for Airport 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 taxiway.
3. 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 ofany 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 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
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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.
At not 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 o f the LES SOR.
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.
6. The following special conditions shall govern the parties to this lease:
It should be understood that LESSOR and the Federal Government shall have the right
to use any portion of the land for anypurposes 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.
Land designated as "Future Hangar Areas" may be used for cultivation. However, it is
expressly understood that no compensation to the LESSEE will be made by LESSOR
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 17.7
acres shall be vacated within thirtY-days (30) of a written notification.
The LESSOR 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.
D. Material crops and all other property ofthe LESSEE shall be removed from the Airport
leased land by the expiration date of this lease.
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 cla'nu or suit against the LESSOR or assign any
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cause of action because of an accident, fire, noise or disturbance resulting from the crash
of an aircraf~ operating in the vicinity of the Airport; taking offor landing at the Airport;
or occasioned by the presence and proximity of aircraft parked, being fueled, taxiing or
in-flight over the leased area.
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 October
5, 2005, shall become the property of LESSOR.
Further, LESSOR 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.
Executed this the ,~--'~ dayof (~j ,2004.
CITY OF DENTON, TEXAS, LESSOR
BY--MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
LESSEE
L~
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