2001-372ORDINANCE NO
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 (BD 2713 - LEASE OF AGRICULTURAL
LAND AT MUNICIPAL AIRPORT)
WHEREAS, the City of Denton has certmn property located at the Denton Mummpal A~rport,
Denton, Texas, and
WHEREAS, the C~ty of Denton demres to lease the property for agricultural purposes to
Danny Schertz Farrmng ~n return for the payment of annual rent m the sum of Twenty dollars and
F~fty cents ($20 50) per acm for approximately 264 acres, and
WHEREAS, Danny Schertz, demres to lease the land at the mrport for agricultural purposes
and agrees to pay to the C~ty the requested rent, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the City Manager this demgnee is hereby authonzed to execute a lease
' n
agreement between the C~ty of Dento and Danny Schertz, a copy of wNch ~s attached hereto and
~ncorporated by reference hereto
approva~ That th~s ordinance shall become effective lmmedmtely upon ~ts passage and
Passed and Approved tNs the 6,~ ~/~day of (~ ~7~-/~d ~ 2001
EULINE BROCK, MAYOR
ATTEST
JENNER WALTERS, CITy SECRETARY
API~OVED A:~TO LEG~rORM
BB~dY2713 ~ LEA~E for At~gncultural Ord,nance 9-01
AGRICULTURAL LEASE
BETWEEN THE CITY OF DENTON AND
By this Lease, entered ~nto the day of Augu. st, 2001, the City of Denton, Texas, herein
called LESSOR devises and lets ~3~vw~. _~-.c.~.oJ'~"L , here~n ca~l~d LESSEE, the right and
privilege to use for agricultural purPoses an~d for no other purposes, except as authorized here~n, the
following real property located in the County of Denton, State of Texas, described as follows
Approximately 264 acres of land at the Denton Mumc~pal Airport, which ~s surplus to A~rport
needs, for agricultural purposes, as designated m the shaded portions on attached Exhibit
A, which is incorporated here~n
1 The term of this Lease shall be for the period from the 1st day of September, 2001, and
end~n.q Auqust 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 ~ts intent to renew for each add~bonal 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
vacate leased premises by June 30th Should LESSEE have unharvested crops on leased
premises, LESSEE shall have untd August 31st to harvest said crops and vacate leased premises
LESSOR shall have the right to adjust the compensation LESSEE is required to pay, as set forth ~n
Section 3 hereof, If LESSOR'S consultabon 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 m Section 3 LESSOR shall notify LESSEE in writing of any
adjustment In the rental within 30 days of receipt of not~ce from LESSEE
2 LESSEE agrees to deliver possession of sa~d land and premises to LESSOR on September
1,2002, or to renew for an additional one year t~me penod
3 LESSEE agrees to pay LESSOR ~n cash and as parbal rental for the above-described
property, the sum of 0~O. ~0 ( Dollars per acre for
250 acres of land) per year This rental sh_all be payable ~n two (2) semi-yearly installments of
"[~:~dA.+~ ~ I.~¢a~/--~XDollars ($~__~e_._._._._._._.~2.) each, the first ~nstallment to be pa~d on or
before September 1, 2001, and the second ~nstallment to be paid on or before February 1,2002.
Should LESSEE renew the lease terms, the first ~nstallment shall be paid on or before July 1 of each
year of the term of this lease, and the second installment to be paid on or before February 1 of each
year the term of this lease
By August 318t of each year of the term of this Lease, should LESSEE have harvested any
crops on the 32 acres described tn Section 4 B, the addlbonal rental of
($. ,) shall be due and payable for the year pnor to
the harvest
In addition to such cash payment, LESSEE agrees to perform the following services for
LESSOR as consideration for the Lease of sa~d property, to-w~t
A To smooth rough land areas that are w~thln the shaded portions on Exhibit A
B To remove trees and stumps that are w~th~n 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 d~stance of ten (10) feet from all fences In order to keep grass
and other vegetation from becoming a fire hazard
4 Land Area Avadable (See Exhibit A attached) Approxtmately 264 acres of land ~s
avadable for agricultural usage LESSEE as follows
A
Approximately 228 acres of usable land on the west and north s~de of the A~rport Also
approximately 4 5 acres of usable land on the northeast s~de 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 th~s 32 acres of land, LESSEE ~s required to pay the land lease on this
32 acres If no crop ~s harvested, no rental ~s due
C A~rport Clear Zones
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 w~th no holes or large rocks in the area
A~rport Clear Zones are reflected on the attached Exhibit A Page 1 The distance
requirements for Airport Clear Zones Are
A 275 feet e~ther s~de of the runway center hne
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 tax,way must be clear and unobstructed for a d~stance of 75 feet from
the center of the tax,way
3 The infield area between the runway and tax,way system cannot be ut~hzed for
agricultural purposes
4 Crops grown at the Leased premises are restncted by the following conditions
A Tall standing crops, over three feet ~n height, may not be grown w~th~n 250 feet of
the runway on the west s~de of the A~rport
B Crops may not be grown between the runway and the tax,way system
C Crops may not be grown next to or ~n the wc~n~ty of any FAA nawgat~onal unit or
structure
5 Restncbons and L~mltat~ons
A The land leased should be used solely for culbvat~on of seasonal crops LESSEE shall
conduct all culbvat~on and mowing ~n conformity with the good soil conservation and
pasture management practices
B
At no bme w~ll LESSEE or any ~ndlvldual, 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 hne of the runway w~th~n any runway approach area that ~s 1,200 feet
from the threshold or w~th~n 50 feet of the edge of any tax,way or apron
C
At no t~me will the LESSEE or any ~ndlv~dual, agent, servant or employee of LESSEE be
allowed to erect, construct or build any structure of any nature, or remove or tear down
any bu~lding or other improvement on the Lease property w~thout pnor written approval
of the LESSOR
D
No new fences may be erected on the A~rport property w~thout pnor wntten approval of
the LESSOR LESSEE wdl maintain all A~rport boundary fence lines around the crop
area
E Grazing or pastunng of animals w~ll not be permitted on the A~rport property or on any
A~rport land leased for agricultural purposes
F LESSEE shall not sublease any porbon of the Atrport property
6 The following special condlbons shall govern the part~es to th~s lease
A
it should be understood that LESSOR and the Federal Government shall have the nght
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 wtthm thirty-days (30) of a
wntten notification Compensation for the recaptured land w~ll be prorated on a per acre
bas~s, plus costs of growing crops destroyed
B
Land designated as "Future Development Areas" may be used for cult~vabon However,
~t ~s expressly understood that LESSOR w~ll make no compensation to the LESSEE for
land or crops recaptured m these areas dunng the term of th~s agreement The
LESSOR w~ll require that these Future Hangar Areas comprising of approximately 32
acres shall be vacated w~th~n thirty-days (30) of a written notification
C
D
E
F
G
H
The LESSOR will have access to the property leased at any bme for purpose of any
~nspectlon deemed expedient and for the purpose of surveying, uttllty placement, as well
as for the use as access routes to adjacent areas of the A~rport or to public roads
Matenal crops and all other property of the LESSEE shall be removed from the A~rport
leased land by the exp~ration date of this lease
LESSEE agrees to ~ndemmfy, defend and hold harmless the LESSOR and ~ts agents,
employees and representatives from all penalbes arising from the wolabon of any
ordinance, order or regulation that should occur m the operabon of the lease, as well as
from and against any and all hab~l~ty for all da~ms, su~ts, losses, damages or ~njunes 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
LESSEE agrees that ~t w~ll not bnng claim or su~t against the LESSOR or assign any
cause of actton because of an accident, fire, no~se or d~sturbance resulting from the
crash of an aircraft operating ~n the vtc~n~ty of the A~rport, taking off or land~ng at the
A~rport, or occasioned by the presence and proximity of a~rcraft parked, being fueled,
tax~ng or ~n-fllght over the leased area
At cancellation or non-renewal of lease, LESSEE expressly agrees to dehver port~ons of
such property to the LESSOR as LESSEE'S crops are removed Any crops rema~mng
on the leased premises on September 1,2002, shall become the property of LESSOR
Further, LESSOR assumes no responslblhty of habdlty for harm, ~njury or any damaging
events, which are directly or ~nd~rectly attributable to premise defects, or conditions,
which may now ex~st or may hereafter arise upon the premises, any and all defects
betng expressly waived by LESSEE
Executed this the ¢'~~--~/ day of
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP~VE~) Ab-~T~Q~- ,A~;CFORM
EXHIBIT A
PAGE 1 OF %
EXHIBIT A '
PAGE 2 OF 2
1515
UOHN CARRELL
Ur'lM i k. lM
MUNICIPAL
AIRPORT
Budding Occupants
1 Bert Mahon/Storage
2 Bert Mahon/$torage
3 Dave Austin~Dwight H archer
4 First Financial/Storage
5 Ralph Slatar/Stora~e
6 John Selwdge/Sterage
7. Dr J R. Almond/Aircraft Museum
8 Bob Smith/Robert Powalscn/$ale, s
S £xcet Aviation
10 Excel Avlatlo n/Aircraft N1 alnten a n ce
11 Ausl~in Avlonlcs/Sto ra ge
12 Ezell Aviation/Fixed Based Operator
North Amerlcan Flight Academy
13 Crty of Denton/Storage
14 Crty of Denton/Airport Terminal
15 Texas Air/Fixed Based Operator
Texas Air Charter/Air Cargo
16 Texas Air/Storage
17 Texas Air/Storage
18 Texas AIdStorage
20 Avionics International/Aircraft Parts
21 R~tchey Corporate Hangar
22 Judge Don WIndle/$torage
23 Hangar 10/Aircraft Museum
24 Nebng &Aesoc/Aircraft Brokerage
27 Steven MaIochecl,JStorage
28 David Rosol/Storage
29 Charle~ Grant/Storage
30 Doug W0¥or/$torage