hocking farms airport lease 061572(/- 3 73
CLARK, MIZE,LINVILLE & MILLER
CHARTERED
C. L.CLARK ,.
JAMES R. MIZE - -
LAW OFFICES
AUSREY O. LINVILLE
129 SOUTH EIOHTH-MOX 1343
C. DOUGLAS MILLER
SALINA, KAN SAS 67401
L.A. MC NALLEY
AREA CODE 913
COUNSEL
823-6329
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
April 19', 1973
Mr. C. J. Wertz, Jr., Chairman
Salina Airport Authority
Salina Airport Industrial Center
Salina, Kansas 67401
Dear Mr. Wertz:
Mr. Hocking received the notice of April 18, 1973, relating to his lease on
Section 7, which the Authority is transferring, or has transferred, to the
City of Salina. Mr. Hocking considers the lease terminable only as to the
portion of the property to be reasonably placed in use by the.City as a site
for solid waste disposal.
Hocking Farms, Inc. is willing to enter into an engagement, pursuant to the
lease, with the Authority or the City directed to the end of allocation of
land needed for that purpose; however, in the meantime, Mr. Hocking will con-
tinue in possession until the facts as to partial use by the City for said
purpose, is established to its satisfaction.
It is, of course, highly possible that the City recognizes the right of
Hocking Farms, Inc., to maintain possession of the portion of the property
not to be so used, in which event the tenant is willing upon the e -.-.tent of
such being disclosed in a bona fide and factual manner as a representation
to release that portion of the land in conformance with the terms of the lease.
Yours very truly,
CL , MI$E, LINVILLE & MILLER, CHARTERED
C. L. Clark
cc: Mr. L. 0. Bengtson
(cert. mail)
Mr. Allan J. Hocking
INSTRUCTIONS TO BIDDERS
Sealed proposals will be received by the Salina Airport
Authority at the Airport Terminal Building at the Salina Municipal
Airport, Salina, Kansas, up to 10:00 A.M. on Tuesday, May 23, 1972
for the purpose of leasing for agricultural purposes only the fol-
lowing described real estate, to wit:
Section Seven (7), Township Fifteen (15) South, Range
Three (3) West of the 6th P.M. less a tract of land
immediately adjacent to the present water tower.
All bids must be submitted on the basis of an annual cash
rental.
The successful bidder will be required to enter into a five
(5) year lease with the Salina Airport Authority which will be
in substantially the same form as the present lease on the prem-
ises.
The successful bidder will be obligated to pay present ten-
ant the sum of Three Hundred Sixty -Two Dollars and Twenty -Five
Cents ($362.25) as reimbursement for fence imarovements on the
premises. Present tenant also has the right to remove the corral
now situated on said premises.
Possession of all ground now under cultivation will be given
on July 31, 1972 or as soon thereafter as the 1972 crops are har-
vesteda lases ioaaa_::a*seeatate��:._:t1e�+e--3, 3472:
Possession of the portion of the premises now used for grazing
purposes will be given on or before November 1, 1972.
All bids must remain open for acceptance or rejection for a
period of ten (10) days from the date of opening bids. The Salina
Airport Authority reserves the right to reject any or all bids,
with or without cause; to negotiate a lease with any of the bidders;
or to refuse to consummate said lease or accept any bids.
LEASII ACRT:=11T
This ,Lease Agreement, made and entered into this /J day
of June, 1972, by and between SALINA AIRPORT AUTHORITY of Salina,
Saline County, Kansas, hereinafter referred to as the "Authority''
and IIOCI:ING FARb;S, INC., a Kansas corporAtion with principal offices
and place of business in Saline County, Kansas, hereinafter referred
to as the "Lessee", WITNESSETH:
That the Authority in consideration of the'9rents, covenants,
agrinments and conditions hereinafter stipulated to be paid and
performed by the Lessee, does hereby let and lease.unto said
Lessee the following -described premises, to wit.
Section Seven (7), Township Fifteen (15) South, Range
Three (3) West of the Sixth Principal Meridian in
Saline County, Kansas (except area used for water y
storage tank by City of Salina),
together with the appurtenances thereunto belonging hereinafter
referred to as the "Premises":
(1).' Term of Lease: 'To have and to hold the same for and
during the term commencing on the 1st day of.,Taugust, 197?_and
{ terminating on the 31st day of July, 1977, inclusive, subject'
howlyer, to the qualifications hereinafter provided:
(2).;. Rental: Lessee agrees to pay the Authority as rental
for said Premises the sum of Thirty Thousand Five Hundred and
Ninety Dollars ($30,590.00) which shall be paid in five (5) equal'
annual installments of Six Thousand One Hundred and Eighteen
Dollars ($6,].18.00) which annual rental shall he payable as
follows:
$1,000.00 on August .lst of each year and $5,1.13.00
on November 1st of each -year.
(3). Use of Premises_: Lessee agrees to use the Premises
for grazing and agricultural purposes only as hereafter specifi..ed.
(a). Pasture Land:, That portion of the Premises
which is now in native grass may not be cultivated and
if used for grazing purposes, the. same mutt be enclosed
by a four strand barb wire fence constructer) in a good
and wo kmaril..i.ke manner at tlhe expense: Of the Le.sse:�,
Any fences constructed shall become a part of the Premises
and may not be removed by Lessee upon termination of said
lease. All fences now on the Premises shall be kept in a good
state of repair by Lessee. Lessee shall graze the pasture
land in accordance with the accepted principles of good pasture
management.
(b). Cultivated Land: Lessee agrees to farm said
land in due season and in a prudent and workmanlike manner
and not to allow waste upon said Premises by virtue of
failure to properly protect said land from wind or water
erosion.
(c). Government Agricultural Programs: Authority
agrees that it will cooperate with the Lessee in abiding
by all terms and conditions of any governmental agricultural
programs which are now in effect or may be applicable during
the terms of this lease; that the Lessee shall be entitled
to receive any and all subsidies or.government payments
which the Authority might be entitled to as the owner of
said Premises.
(4). Possession: Lessee shall be entitled to possession on
August 1, 1972 of'all ground.now under cultivation and upon which
there are no growing crops. Cultivated land upon which present
tenant has growing crops shall be given as soon as the 1972 crop
growing thereon has been harvested by the present tenant (excludes
right of present tenant to harvest crops by grazing), however in
no event later than December 1, 1972. Possession of that portion of
Premises in native grass and used for grazing purposes will be given
on November 1, 1972.
Parties agree that upon termination of this lease in the year
1977, that Lessee will surrender possession of said Premises to the
Authority at the following times: (1) All land planted to wheat as
soon as 1977 crop has been harvested; (2) Pasture and (native grass)
on or before November 1, 1977; (3) All cultivated land upon which
no crops are growing on or before August 1,. 1977; and (4) All land
planted to other crops as soon as crop has been harvested (excludes
harvesting by grazing) but in no.event later than December 1, 1977.
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(S). Easement: Authority retains the right to enter upon
said Premises'to perform any and all necessary maintenance in
connection with its utility lines (water, sewerage, gas) located
thereon; also to remove, replace,salvage or modify such existing,
utility lines and appurtenances as the Authority sail designate
11''(6). Termination of Lease: Th" Authority reserves the
right to terminate this lease as__to..any—portion of the Premises
in the event said Premises or any portion thereof are needed for
a
industrial purposes or for the use of the Authority or any other
poli ppi_subdivision. In the event. the Authority desires to
terminate said lease as to any portion of the Premises, then the
Authority shall ,give the Lessee sixty days written notice of its
intention to do so and shall describe the portion of the Premises
affected thereby. In the event said lease is cancelled as to a
portion of said Premises, then the authority agrees to reimburse
Lessee for: any growing crops on Premises for which the lease is
cancelled and the cash rent for'said year and the remainder of
lease period shall be proportionately reduced.
(7). Liability Insurance: Lessee agrees to secure and main-
tain public liability insurance to protect the Authority and it-
self against any liability which may arise as a result of injury
or accident on'or about the Premises. Said policy shall be..
,.:written by a reliable insurance company Authorized to do business
within the State of Kansas in the amount of 0100,000.00 in case
of injury or damage to one Terson and 0300,000,00 in case of
injury or damage.to more than one person in the same accident
or occurrence and $100,000.00 for property damage. Lessee shall
c
deliver to the Authority a certif'_cate.of such insurance on re-
quest.
.M. Ownership of Fixtur_s:. It is understood and agreed by.
and between. the parties hereto that any additions, improvements
or fixtures attached to the Premises or placedon or about said
PrFnnises by Lessee shall be'considerW as personal property and
shall remain the property of Lessee who shall Piave the right to
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remove the same from the Premises upon the expiration of this
lease so long as such removal does not impair the structural
feature of the improvements presently on the leased Premises.
Provided, however, in the event of termination of this lease
due to a breach of covenant by thy: Lessee, then all fixtures
and improvements shall become the property of the Authority and
may not be removed from the Premises.
(9), Waiver.: Waiver by the Authority of any breach of this
lease shall not be construed as a continuing waiver of a subse-
quent breach nor imply further indulgence.
(10). Breach of Lease: In the event said Lessee shall fail
to comply with any substantial term, condition or covenant of
this lease within ten days after written notice so to do has been
mailed to it by said Authority, or in the event said Lessee aban-
dons .said Premises before the end of the term, or in the event ,
said Lessee is adjudged bankrupt or insolvent or makes an assign-:
ment for the benefit of creditors or commits any act of bankruptcy,
any of such events shall be deemed an immediate. breach and for-
feiture of this lease and all unpaid installments of rent and
other expenses herein provided for shall immediately become duce
and payable.
(11). Utilities: .Lessee shall at its own expense obtain
and pay for all electricity, water, gas, sewer use fees, or otha r
utilities used by it during the term of this lease or any ent=-
sions thereof-, including the cost of maintenance and operation of_
the heating system for the Premises.
(12). Liens: Lessee shall pay, satisfy and discharge all
liens and obligations of any nature and kind Whatsoever crealn6
by or the obligations of the Lessee which shall attach to or Kc
innorid upon said Prami.ses ann shall indemnify, save and ho.!('i
l:arwinss Laid Authority from such paymsnt'and from all dawmy`d:E
ani expenses attendant thereto.
(l j), 11Sfii.JaaRV�nt Oi Le:aSr_: Lr15onu shall not assign thK
?,..., oa- away
i.ni. r..st i.;i rci.n and shall not. an 1 t ti Pr:'.-:!.
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or any part thereof, or allow any person to occupy or use said
Premises or.any portion. ther•eof,'without'the prior written con-
sent of the Authority. A consent'to one assignment or subletting
for use by any other po rson shall not be deemed to a consent to
any subsequent assignment.
(14). Inspection of Premises: Lessee agrees that the Auth-
ority,.or its agents, may at all reasonable times have free access
to said demised Premises and buildings thereon for,the.purpose of.
examining or inspecting the condition of the same or.exercisi.ng
any right or power reserved to the Authority under the terms and
provisions of this agreement.
(15).Notices: All notices.to be given pursuant to this
lease shall be addressed to the Salina Airport Authority, Salina,
I:ansas, 67401,.and to the Lessee at Salina., Kansas, 67401, or as
may from time to time be directed by the parties. Notice shall,
be deemed to have been duly given if and when enclosed in a prop-
erly sealed envelope or wrapper addressed as aforesaid and mailed
by registered.or certified mail with postage prepaid.
(16). General Clauses:
(a). Lessee shall'comply with all applicable
laws, ordinances and regulations of the state, county
and municipality wherein the same demised Premises are
located with regards to construction, sanitation,
licinses, or permits to do business and all other
matters.
(b). Lessee shall pay to the proper governmental
agencies and as they become due and payable all taxes,.
assessments and similar charges which at any time dur-
ing the term of this lease may be taxed, assessed or
imposed upon.the Lessestwi.th respect to or upon the.
leased Premises;except those which -GA Authority has
in this lease agreed to pay.
(c). That any property of the Authority damaged
or destroyed by the Lessee, incident to the Lessee's
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use .and occupation of. said Premises, shall be promptly
repaired or replaced by the Lessee to the satisfaction
of said Authority or in lieu of.such repair or replace-
ment, the Lessee shall, if so required by said 'Authority,
pay to the Authority money in an amount sufficient to
compensate for the loss sustained by the Authority by
reason of damage or destruction of said property.
(d). In the event the Lessee fails or neglects to
L
procure the insurance required by this lease or to pay
the premiums thereon or to properly maintain and keep
in force said insurance, the Authority shall have the
right and privilege to procure such insurance and to
pay the premiums thereon and any premiums paid shall.
be deemed as additional rental and shall be due and
payable with the next installm-nt of rent due hereunder.
(e). Lessee acknowledges that it has inspected.
and knows the condition of the .leased property and it
is understood that the same is hereby leased without
any representation or warranty by the Authority whatso-
ever and without obligation on th.e part of the Authority
to make any alterations,repairs or additions thereto.
(f). No Lessee s;iall use or permit to be. -used
any portion of the property under its control for signs,
billboards or displays, other than those connected with
its own operations thereon. Advertising signs must be
located on the buildings on the Premises and shall not
contain more than 120 square feet in area. Flashing or
illuminated signs in which th:, light is not maintained
stationary and constant in intensity and color shall bei
prohibited.
All loading docks for buildings or warehouse
shall be maintained on the side or rear of the buildings.
(h). Lessee shall not be the agent of the Authority
in making repairs or oth-.r improvements to thc. a}rove
Premises .and no mechanics liens or claims thereunder
shall, be valid against the Authority, or against the
interest of the. Authority in said property.
T]o water, supplies or equipment shall he
stored or be permittU:d to remain on any part ,of the"prop-
erty outside of the buildings constructed thereon, unless
such storage hall be sight -screened from the street.
Such storage sna11 be confined to th4, rear and sides of
buildings and in no instances he permitted on that side
of the building, paralleling,an existing or proposed street.
The ;essee must at all times keep the Premises
and buildings in a safe, clean, wholesom condition, and
comply in all respects to all government, health and
police requirements and the Less=_e will remove at its .
own expense any rubbisY: which snag accumulate on said
property.
(k). Open, unpaved areas shall be grassed and
landscaped to present a Pleasing appearance and such
grass and landscaping kept reasonably mowed and trimmed.
This agreement shall be bind -ng upon tale heirs, executors,
administrators, successors ansa assigns of the respective parties
to this agreement. .
the respective Parti es have hereunto
caused ileis instrument to be executed on, its behalf by its duly
authorized officers all on the date an(,' year first above mentioned.
Salina Airnort Authority .
gy
Chairman of Board of Dir.E.ct_or
ATTEST:
---Secnretar} =
hocking . Pawns , Inc.
BY .
Prasedent
i`.'1'7.'13555
S.-cr-tart'
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