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

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IV. NOTIFICATION OF WORK AND MACHINERY MARKINGS Lessee agrees to notify the Airport Manager and Air Traffic Control Tower prior to the start and at the termination of any agricultural operations on the Leased Premises involving farm equipment or machinery. Lessee's equipment and machinery must be distinctively marked or painted so as to be highly visible to pilots using the Airport. While Lessee is conducting activities on the Leased Premises, Lessee shall maintain direct contact with the Air Traffic Control Tower utilizing aviation radios provided by Lessee and approved by the Airport Manager. V. STRUCTURES No structures or installations of any type will be located on the Airport without the specific approval of the Airport Manager. VI. TERM OF THE LEASE This Lease shall commence effective on September 1, 2016 and continue until August 31, 2019 (the "Initial Term "). The term of this Lease may be extended by mutual agreement for one additional three year period ending on August 31, 2022 (the "Renewal Term ") provided all remaining terms and conditions shall remain in full force and effect. Such mutual agreement to extend the term of the Lease for one additional three year period, is to be executed in the form of a letter of agreement, to be issued no sooner than 90 days prior to expiration of this Lease, nor later than the final day of the Initial Term. This option to extend the term of the Lease requires the mutual agreement of both parties. Refusal by either party to enter into an agreement to extend the Lease term shall cause this Lease to expire at the end of the Initial Term. VII. RENT A. AMOUNT. The rental fee (the "Rent') to be paid by Lessee shall be $134,130.24.00 per year. The total yearly Rent is to be paid in advance and shall be immediately due and payable in full for the first year upon execution of this Lease by both parties and, thereafter, be due and payable on or before the first day of each subsequent 12 month period. B. ADJUSTMENT. If the total land area of the Leased Premises is reduced by reason of the sale, transfer of title, development or other event stated or permitted under this Lease preventing the continued use of any portion of the Leased Premises, then the Rent shall be reduced in proportion to the total reduction in land area at the rate of $11.47 per acre. VIII. SUB -LEASE OR LEASE TRANSFER It is expressly understood and agreed that the Lessee may not sub -lease any part of the Leased Premises nor may the Lessee transfer this Lease to another party without the prior written consent of the Lessor. Consent to such sub -lease or transfer may be given by Lessor only if the third party agrees, in writing, to accept and abide by all of the provisions of this Lease. IX. DEFAULT AND /OR RECAPTURE A. LEASE SUBJECT TO RIGHTS OF UNITED STATES GOVERNMENT. It is understood and agreed that the United States Government has certain rights with respect to the Leased Premises, under which, through no fault of either party, it may be necessary that this Lease be terminated or temporarily suspended or the area of the Leased Premises be reduced. In such event, Lessor shall refund to Lessee the prorata share of any prepaid Rent at the same rate per acre provided in Section VII. In any such event, Lessor shall make reasonable efforts on behalf of Lessee to secure payment for the