Res 2016-059/Lease of land for agricultural use by Curby Ohnheiser

Home Browse Search

LEASE OF AIRPORT PROPERTY FOR AGRICULTURAL USE This lease agreement (the "Lease ") pertains to the agriculture use of certain lands, located at the San Marcos Regional Airport, situated in Caldwell County, Texas. The Lease is made and entered into by and between the City of San Marcos, a Texas municipal corporation (the "Lessor ") and Curby D. Ohnheiser (the "Lessee "). I. DESCRIPTION OF LEASED PREMISES The leased property consists of three tracts of real property which are denoted by the accompanying map attached as Exhibit "A" and incorporated in this Lease and made a part for all purposes (the "Leased Premises "). Lessor leases the Leased Premises to the Lessee in accordance with this Lease. II. LEASED PREMISES RESTRICTIONS A. USES TO BE COMPATIBLE WITH AIRPORT PURPOSES. The site of the Leased Premises is within the boundaries of the San Marcos Regional Airport (the "Airport"). The Airport is an active, municipally sponsored, and federally funded public use airport. The FIRST and FOREMOST role of the Airport, including all lands and facilities, is as a public airport. Agriculture activities at the Airport are authorized on a non - interference basis with the primary aviation role of the Airport. The following restrictions to agriculture activity apply: (1) SAFETY AREAS. Safety areas as indicated on Exhibit "A" are established adjacent to all active runways and taxiways ( "Safety Area(s) "). These Safety Areas provide an unobstructed, prepared surface for aircraft use in case of emergency or other unusual situations. Safety Areas must be prepared and maintained in cleared, graded, compacted and mowed conditions at all times. The production of hay, where compatible with the above considerations is permissible within the Safety Areas. All agriculture activity which is not compatible with the above considerations is specifically prohibited in the Safety Areas. Lessee agrees to return any Safety Area that has been disturbed by previous agricultural activity to Federal Aviation Administration ( "FAA ") acceptable conditions. Subsequent care and maintenance of Safety Areas will be Lessor's responsibility. Lessee shall not park or leave unattended any farm equipment, tractor or vehicle within the Safety Areas. Safety Areas adjacent to runways 4 -22, 8 -26, 13 -31 and 17 -35 extend 250 feet from either side of the centerline of the runways and 300 feet from the ends of all runways, except runway 13 -31 for which the Safety Area extends 1,000 feet from each end. For all Airport taxiways, including those located on the parking aprons, Safety Areas extend 75 feet from either side of the centerline of the taxiways. (2) CRITICAL AREAS. The Airport areas in the vicinity of several FAA facilities require that special restrictions be imposed. These include the areas in front of the Instrument Landing System ( "ILS ") glide slope and localizer antennas ( "Critical Areas "). Critical Areas are defined and marked by the FAA, and they must be maintained in a clear, unobstructed and closely mowed condition at all times. The Lessee agrees to return any Critical Areas that have been disturbed by previous agricultural activity to FAA acceptable conditions. Subsequent care and maintenance of Critical Areas will be Lessor's responsibility. (3) AGRICULTURAL ACTIVITY WITH CERTAIN AREAS PROHIBITED. The FAA maintains a Visual Slope Indicator ( "VASI ") at Runway 31 and an Approach Lighting System ( "ALS ") at Runway 13. The areas adjacent to and in the vicinity of these fixtures, as well as the