HomeMy WebLinkAboutContract 37626FARM LEASE
1ACT NO*
1` �f:.C<RETARY `
THIS LEASE, entered into this < day of ,1� , 200;j , by and between the City
of Fort Worth, a Texas municipal corporation, h iere Wafter referred to as the "Lessor," and Floyd
Walker, an individual, hereinafter referred to as the "Lessee."
1. LEASED PREMISES. For and in consideration of the use of the Premises provided in
this Lease, Lessor hereby leases unto the Lessee certain farm land located on the Spinks Airport,
approximately 220 acres, as depicted on Exhibit "A" attached hereto and made a part hereof (the
'Premises").
2. TERM AND RENT. This Lease shall commence at 12:00 a.m. on January 1, 2009
("Effective Date") and expire at 11:59 p.m. on December 31, 2012, unless terminated earlier as
provided herein. The rental for the Premises, including those areas that are not planted with
crops, shall be One Thousand Dollars and 00/100 ($1,000.00) annually.
3. USE OF PREMISES.
(a) Lessee will at all times use the Premises for farm land, and shall farm and care for said
land in a good husband -like manner, and in accordance with good farming and soil conservation
practices.
(b) Lessee will not commit or permit waste on the Premises and will carefully protect all
improvements of every kind that are now on the Premises or may be erected thereon during the
continuance of this Lease.
(c) Lessee will promptly at the expiration of the term herein granted yield up possession of
said Premises, without notice, unto the Lessor in as good condition and repair as they now are or
may be at any time during the continuance of this Lease, ordinary wear and tear excepted and
will keep cultivated lands of the Premises free from weeds and destroy all weeds along the
fences and improvements before they ripen their seeds.
understood and agreed that the Lessee will obtain approval from the Lessor for all
crops to be raised on the Premises.
(e) It is understood and agreed that if the agricultural crops attract birds and other wildlife
which may pose a hazard to aircraft, the Lessee will remove all designated crops as directed by
the Lessor. In addition, the Lessor reserves the right to demand possession of all or any portion
of the Premises at any time for any purpose.
(f) Whenever the agricultural operation is terminated, whether due to wildlife hazards or
harvest, the Lessee shall plow under all crop residue and harrow the surface area, within safety
areas, smooth. In such events, Lessor shall pay reasonable damage for growing crops taken, an
agreed value for work done on unplanted land and future rentals hereunder shall be
proportionately reduced.
�1.1� @DIAL RECORD
c�c'1v SECRETARY
FT. WORTH, TX
(g) It is further agreed that no crops will be grown within the primary surface of any runway;
Object Free Area (OFA) of any runway, taxiway, taxilane or apron; critical areas of localizers
and Glide Slopes; nor in such a way as to obstruct or interfere with the Runway Visibility Zone,
FAR Part 77 surfaces, Departure Obstacle Identification Surface, Air Traffic Control Facilities
and NAVAIDS. Crops grown in approach areas, near the runway thresholds, shall be restricted
to low -growing varieties that will not penetrate FAR Par 77 approach surfaces or the Threshold
Siting Surfaces of Appendix 2 of Advisory Circular 150/530043. Crops and cultivating may be
limited in other specific areas to avoid dust, debris, weeds and etc., from being blown across
operating areas.
(h) It is understood and agreed that the Lessee will obtain permission from the Lessor prior
to entering the Premises and that all farming operations will be conducted in accordance with the
operational rules and regulations of the airport. In addition, it is agreed that the storage of farm
equipment and crops will not be permitted within 1500' of an Airport Surveillance Radar
facility,_ 500' of a T-VOR or 500' of an ILS Glide Slope antenna or within the runway safety
area, or within the primary surface of an instrument runway.
(i) It is understood and agreed that the rights granted hereunder will not be exercised in such
a way as to interfere with or adversely affect the use, operation, maintenance or development of
the airport.
4. LIABILITY AND FOLD HARIIRI,ESS. LESSEE COVENANTS AND AGREES
10 RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSOR, 11 S
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR
ANY OTHER TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY
WAY TO THE EXISTENCE OF THIS LEASE OR THE USE OR OCCUPANCY OF
THE LEASED PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION
COMPLAINED OF RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY
OTHER ACT OR OMISSION OF LESSOR, LESSEE, OR ANY THIRD PARTY.
5. RIGHT OF INSPECTION. Lessor reserves the right to enter upon the Premises at all
reasonable times for the purpose of inspecting the Premises, provided that such entry does not
conflict with Lessee's rights hereunder.
6. ACCEPTANCE OF LEASED PREMISES. Lessee acknowledges that Lessee has
fully inspected the Premises, and on the basis of such inspection Lessee hereby accepts the
Premises as suitable for the purposes for which the same are leased.
7. ASSIGNIVIENT. Lessee shall not assign or sublet this Lease without the prior written
approval of Lessor. Upon issuance of such approval, this Lease shall be binding on the
successors, and lawful assignees of Lessor and the successors of Lessee, as permitted by the
terms of this agreement and by the laws of the State of Texas and the United States. Any person
or entity using or occupying the Premises without a lawful assignment or sublease shall be
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subject to all the responsibilities and liabilities of Lessee and shall be subject to all provisions
regarding termination and eviction.
8. NOTICES. Notices required to be made under this Lease shall be sent to the following
persons at the following addresses, provided, however, that each party reserves the right to
change its designated person for notice, upon written notice to the other party of such change:
All notices to Lessor shall be sent to:
City of Fort Worth Aviation
Spinks Airport
13451 Wing Way Suite 109
Fort Worth, Texas 76028
With a copy to:
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Attn: City Attorney's Office
With a copy to:
City of Foy i Wortii
Real Property Services
900 Monroe Street Suite 302
Fort Worth, Texas 76102
All notices to Lessee shall be sent to:
Floyd Walker
PO Box 457
Burleson, Texas 76097
All time periods related to any notice requirements specified in the Lease shall commence upon
the terms specified in the section requiring the notice.
9. ENTIRE AGREEMENT. This Lease shall constitute the entire agreement of the
Lessor and Lessee, and shall supersede any prior agreements, either oral or written, pertaining to
the Leased Premises.
10. WAIVERS. One or more waivers of any covenant, term, or condition of the Lease by
either Lessor or Lessee shall not be construed as a waiver of a subsequent breach of the same
covenant, term, or condition. The consent or approval by either Lessor or Lessee to or of any act
by the other party requiring such consent or approval shall not be deemed a waiver or render
unnecessary consent to or approval of any subsequent similar act.
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11. CHOICE OF LAW AND VENUE. This Lease and the relationship created hereby shall
be governed by the laws of the State of Texas. Venue for any action brought to interpret or
enforce the terms of the Lease or for any breach shall be in Tarrant County, Texas.
rva ,
Executed this e`®day of , I , , 2008.
IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first
above written.
LESSOR:
CITY OF FORT WORTH,
a Texas municipal corporation
By:
Name: T, /q. y /AIS
Title: Assistant City Manager
Approved as to Form and Legality
Assistant City Attorney
T .RCCFF
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Attested:
Hendrix,
City
ntract Authorization
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41
f ° ';�'' ,February icM08
3 ,
City of Fort VI/orth, %xas
Mayor and Council Communication
DATE: Tuesday, September 16, 2008
LOG NAME: 55WALKER AG
REFERENCE NO.: **C-23043
SUBJECT:
Authorize the Execution of a Farm Lease Agreement with Mr. Floyd Walker to Farm Approximately
220 Acres of Land at Fort Worth Spinks Airport in the Amount of $1,000.00 Per Year
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Farm Lease Agreement
with Mr. Floyd Walker to farm approximately 220 acres of land at Fort Worth Spinks Airport in the amount of
$1,000.00 per year for a three year term beginning January 1, 2009, and expiring December 31, 2012.
DISCUSSION:
Mr. Floyd Walker currently farms 220 acres of the 822 acres of land at the Fort Worth Spinks Airport. Areas
A, B and C, identified in Exhibit "A" attached hereto, are suitable for farming and do not currently interfere
with airport operations. The farming of the land assists the Aviation Department with maintaining the grass
areas of the airport. The lack of farming on the land would require a signifiicant increase in time and
maintenance costs for the Fort Worth Spinks Airport. Mr. Floyd Walker currently farms the land at a rate of
$500.00 per year which the Aviation Department has agreed to honor the $500.00 annual rate through
December 31, 2008.
The lease shall be effective as of January 1, 2009, and expire December 31, 2012, providing for a three
year term. Annual revenue generated as of the effective date will be $1,000.00 per year. The Lessee will
have the option to request a new lease at the end of the term.
The lessee agrees to use the land for agricultural purposes only. The lessee agrees not to use chemicals or
pesticides on the site which might be dangerous to fish or wildlife, unless such use has been specifically
authorized by the City of Fort Worth.
Lessee agrees to maintain the land suitable for agricultural purposes in a clean, neat, and orderly manner
commensurate with regulations of those having jurisdiction over the site. Additionally, lessee agrees to
control weeds and mow grass along and adjacent to the fence lines adjoining the subject site. Either party
may cancel the agreement upon 30 days written notice. However, the lessee must return the sites) to a
condition suitable for mowing prior to cancellation. Insurance requirements wilt be those specified by the
Risk Management Department.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Aviation Department is responsible for the collection and deposit of
funds due to the City under this Agreement.
Logname: 55WALKER AG Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
PE40 491412 0551201 1 000.00
Submitted for City Manager's Office by_: Tom Higgins (6266)
Originating Department Head: Kent Penney (5402)
Additional Information Contact: Patrick Carreno (447-8304)
Logname: SSWALKER AG Page 2 of 2