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2004-304 FILE REFERENCE FORM 2004-304 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials JR 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 Page 2 of 4 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 Page 3 of 4 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~ Page 4 of 4 Sca~e I":BO0' !