HomeMy Public PortalAboutORD13884 BILL NO. 2005-13
SPONSORED BY COUNCILMAN`: f Schnitzler
ORDINANCE NO. I39�Iq
AN ORDINANCE OFTHE CITY OFJEFFERSON,MISSOURI,AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A LEASE FOR CERTAIN PROPERTY AT THE
JEFFERSON CITY MEMORIAL AIRPORT WITH DR. NED HUG.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized to execute a lease agreement
for certain property at the Jefferson City Memorial Airport with Dr. Ned Hug.
Section 2 The lease shall be substantially the same in form and content as Exhibit
A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after the date of
Its passage and approval.
• Passed: Approv
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7 r s ing Officer ayor
AT ST: APPROVED AS TO FORM:
(ty CI rk City Counselor
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•
LEASE AGREEMENT
BETWEEN
CITY OF JEFFERSON
AND
• DR. NED HUG
•
No\mntrocc Illn\lno \nuq\Uw fo0l.rpd
• INDEX TO LEASE AGREEMENT
ARTICLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
. . . . . . . . . . . . . . . .
PREMISES AND PRIVILEGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
DESCRIPTION OF PREMISES DEMISED . . . . . . . . . . . . . . . . . . . . . . . 1
USE OF PREMISES DEMISED . . . . . . . . . . . . . . . . . . . . . . . . . 2
OBSERVANCE OF STATUTES, ETC. . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE II . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . 2
INGRESS AND EGRESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
OBLIGATIONS OF LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
NET LEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
MAINTENANCE AND REPAIR . . . . . . . . . . . . . . . . . . . . . . 3
ALTERATIONS AND REPAIRS TO PREMISES . . . . . . . . . . . . 6 . . . . . 3
UTILITIES . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . 3
TRASH, GARBAGE ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
FIELD USE CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . 4
NONDISCRIMINATION . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
• FAA & AIRPORT INSTRUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 6 . . . . 5
TERM OF LEASEHOLD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . 5
ARTICLEV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
RENTALS AND FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . 5
GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
FACILITIES RENTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
TIME AND PLACE OF PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
NATIONAL EMERGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
INSURANCE BY LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . 6
RESTORATION OF CASUALTY LOSSES . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE VII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CANCELLATION BY LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CANCELLATION BY LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
WAIVER OF STATUTORY NOTICE TO QUIT . . . . . . . . . . . . . . . . . . . . 9
• ASSIGNMENT AND SUBLETTING . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . 9
i
ARTICLE VIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
RIGHTS UPON TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
FIXED IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PERSONAL PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE IX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
OBLIGATIONS OF LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SNOW REMOVAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
LESSOR'S RESERVED RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
NON-INTERFERENCE WITH OPERATION OF AIRPORT . . . . . . . . . 12
RELOCATION OF IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 12
LESSOR'S OPTION TO PURCHASE . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PARAGRAPH HEADINGS . . . . . . . . . . . . . . . . . . . . . . 13
NOTICES, CONSENTS AND APPROVALS . . . . . . . . . . . . . . . . . . . . . 13
SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
AMENDMENTS TO LEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
• ARTICLE XI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . 14
NON-EXCLUSIVE RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
• ii
LEASE AGREEMENT
• THIS AGREEMENT made and entered Into this 329 day of June, 2005, by and between
the Cityof Jefferson City,Missouri,a municipal corporation,hereinafter designated as"Lessor"and
Dr. Ned Hug, hereinafter designated as "Lessee."
WITNESSETH
WHEREAS,the Lessornowowns and operates the Jefferson City Memorial Airport,located
In Jefferson City, Missouri; and
WHEREAS,the Lessee is building an airplane hanger upon the described premises set out
below, and
WHEREAS, the Lessee wishes to occupy the described premises.
NOW, THEREFORE, for and In consideration of premises and mutual undertakings,
agreements and covenants hereinafter set forth, the parties hereto agree as follows:
ARTICLE I
PREMISES AND PRIVILEGES
• For and in consideration of the terms, conditions and covenants of this Lease to be
performed by Lessee, all of which Lessee accepts, Lessor hereby leases to Lessee and Lessee
hereby hires and takes from Lessor certain property, together with Improvements thereon, if any,
(hereinafter called "demised premises"), and certain attendant privileges, uses and rights, as
hereinafter specifically set out.
A. DESCRIPTION OF PREMISES DEMISED
The Premises hereby leased is that certain tract of real estate described as follows:
From the northeast corner of Section 16,Township 44 North, Range
11 West,Callaway County,Missouri;thence southerly along the cast
line of said Section 16, 1793.70 feet; thence deflecting 88 degrees 44
minutes to the right a distance of 300 feet to the POINT OF
BEGINNING of this description; thence 140 feet, thence deflecting
90 degrees to the right a distance of 295 feet, thence deflecting 90
degrees to the right a distance of 140 feet, thence deflecting 90
degrees to the right a distance of 295 feet to the POINT OF
BEGINNING. Comprising an area of 41,300 square feet, more or
less.
as delineated by red, and designated upon a plat of said premises
hereto attached and marked Exhibit "A", which Is Incorporated herein
by reference as if more fully and completely set forth.
B. USE OF PREMISES DEMISED
• Lessor hereby grants lessee the right to use said demised
premises for the operation of a building for storing, maintaining, and
repairing aircraft owned or controlled by said Lessee and purposes
reasonably incidental thereto.
Lessee shall not use or permit the use of any part of the leased
premises in any other manner than set forth above, without the prior
written consent of Lessor. DISPENSING and SALE of aviation fuels and
lubricants is prohibited, except for the sole use of the Lessee in his private
aircraft.
C. OBSERVANCE OF STATUTES, ETC.
The granting of this lease and its acceptance by Lessee is conditioned
upon the right to use said public airport facilities in common with others
authorized to do so, provided however,that Lessee shall observe and comply
with any and all requirements of the constituted public authorities and with
all Federal, State or local statutes, ordinances, regulations and standards
applicable to Lessee or Its use of the demised premises, including but not
limited to rules and regulations promulgated from time to time by the
• Jefferson City Transportation and Traffic Commission and adopted by the City
Council for the administration of the airport.
ARTICLE II
INGRESS AND EGRESS
Upon paying the rental hereunder and performing the covenants of
this Agreement, Lessee shall have the right of ingress to and egress from said
demised premises for the Lessee, Its officers, employees, agents, servants,
customers, vendors, suppliers, patrons, and invitees over the roadway
provided by Lessor serving said premises, and the right of Ingress to and
egress from the landing area for airplanes. Said Lessor's roadway, aircraft
parking ramps and taxiways shall be used jointly with other tenants on the
airport and Lessee shall not Interfere with the rights and privileges of other
persons or firms using said facilities.
ARTICLE III
OBLIGATIONS OF LESSEE
A. NET LEASE
The use and occupancy of the demised premises by Lessee will be
without cost or expense to lessor. It shall be the sole responsibility of Lessee
• to keep, maintain, repair and operate the entirety of the demised premises
and all Improvements and facilities thereon at lessee's sole cost and expense.
2
B. MAINTENANCE AND REPAIR
• lessee shall maintain the leased premises at all times in a safe, neat and
sightly condition and shall not permitthe accumulation ofanytrash or debris
on the premises, and shall remove such debris to a disposal site off the
premises of the Airport.
C. ALTERATIONS AND REPAIRS TO PREMISES
Further, Lessee agrees not to construct, Install, or remove, modify
and/or repair any of the premises leased hereunder without prior written
approval of the Director of the Department of Community Development,
such approval not to be unreasonably withheld but shall be contingent upon
approval by Lessor of plans and specifications for the proposed project as
well as other operating conditions considered by Lessor to be necessary.
Lessee shall hold the City of Jefferson harmless and reimburse it for any
and all expenses of any nature whatsoever arising out of any claim for said
improvements, changes or repair. Cancellation of the lease shall not be
deemed a waiver of the Lessee's other remedies at law.
D. UTILITIES
• Lessee shall assume and pay for all costs or charges for utility services
furnished to Lessee during the term hereof; provided, however, that Lessee
shall have the right to connect to any and all storm and sanitary sewers and
water and utility outlets at Its own cost and expense; and Lessee shall pay for
any and all service charges incurred therefor.
E. TRASH, GARBAGE, ETC
Lessee shall provide a complete and proper arrangement for the
adequate sanitary handling and disposal, away from the Airport, of all trash,
garbage and other refuse caused by a result of the operation. Lessee shall
provide and use suitable covered metal receptacles for all such garbage,
trash and other refuse.
Piling of boxes, cartons, barrels or other similar items, in an unsightly
or unsafe manner, on orabout the demised premises,shall not be permitted.
F. DNS
Lessee shall not erect, maintain, or display upon the outside of any
Improvements on the demised premises any billboards or advertising signs,
except the Lessee may install a sign identifying the organization and
• displaying Its official logo approved by Lessor. Provided, however, Lessee
must apply for and obtain a permit for any signage from the City's
Department of community Development.
G. FIELD USE CHARGES
Nothing herein shall be deemed to relieve Lessee and Its sublessees,
Invitees, and others from field use charges, as are levied generally by Lessor
directly upon the operation of aircraft.
H. NONDISCRIMINATION
The Lessee for himself, his heirs, personal representatives, successors
In interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree as a covenant running with the land that in the event
facilities are constructed, maintained, or otherwise operated on the said
property described in this lease for a purpose for which a Department of
Community Development program or activity is extended or for another
purpose involving the provision of similar services or benefits, the Lessee
shall maintain and operate such facilities and services in compliance with all
other requirements Imposed pursuant to 49 CFR Part 21, Nondiscrimination
in Federally Assisted Programs of the Department of Transportation, and as
said Regulations may be amended.
The Lessee for himself, his personal representatives, successors in
. Interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree as a covenant running with the land that: (1) no person
on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over, or under such land and the furnishing of services
thereon, no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the Lessee shall use the premises in
compliance with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of the Department
of Community Development, and as said Regulations may be amended.
Lessee shall comply with all FAA and U.S. Code requirements as to
nondiscrimination.
I. F.A.A. AND AIRPORT INSTRUMENTS
the Federal Aviation Administration and the Lessor are hereby granted
the right and privilege by lessee to place on and around the above described
premises, without cost to the Lessee, whatever instruments and equipment
they desire during the term of this lease, so long as said Instruments or
• equipment do not Interfere with the Intended use of the premises by the
Lessee.
ARTICLE IV
• TERM OF LEASEHOLD
The term of this lease shall be for five (5) years subject to earlier
termination for cause as provided herein. The term of the agreement shall
commence on the 1 It day of June, 2005. The Lessor hereby grants to the
Lessee the option to renew this lease for five (5) successive five (5) year
periods on the same terms and conditions, except that rental rates and
charges at the end of each five (5) year period shall be negotiated. The
option to renew said lease shall be exercised by the Lessee by giving written
notice to the Lessor of such Intention to renew said lease at least ninety(90)
days prior to the expiration of the initial five (5) year period.
ARTICLE V
RENTALS AND FEES
A. GENERA L
For the ground area herein demised, Lessee shall pay to Lessor a fixed
annual rental as hereinafter set forth.
• B. FACILITIES RENTAL
In consideration of the leasing aforesaid, Lessee hereby covenants and
agrees to pay to Lessor as rent for said demised premises the sum of Four
Thousand One Hundred Thirty Dollars($4,130.00) annually at the present rate
of S.10 per square foot per year for the entire area, to be paid in advance
upon execution of this lease and all subsequent payments shall be due and
payable on the 1st day of June each year. Immediately upon the Lessee
building a hanger on the area shaded in Red on Exhibit A, or June 1, 2010,
whichever first occurs,the rent for that portion shall be increased to$.20 per
square foot for that area. Lessee covenants and agrees to pay Lessor as rent
for said demised premises at the rate of $.10 per square foot for the area
shaded in green and $.20 per square foot for the area shaded in red in the
attached Exhibit "A",
C. TIME AND PLACE OF PAYMENT
Rentals for all Facilities and Permits shall be paid on or before the first
day of each month. All payments are to be made to the City of Jefferson,
Department of Community Development, Airport Division, 320 East McCarty
Street, Jefferson City, Missouri 65101, or such other place the Lessor may
direct Lessee, in writing.
5
D. NATIONAL EMERGENCY
In the event possession of the demised premises and the
Improvements thereon is assumed by the United States of America under any
emergency powers, the rent due under this lease shall abate for the period
of such possession. If the Lessee shall be reimbursed by the United States
Government for Its assumption of possession, then the rental provisions of
this lease shall remain in effect, but provided further, however, that if said
reimbursement is less than the amount of rental herein provided, the Lessee
shall be required to pay to the City only such amount of reimbursement as
it shall receive from the United States Government.
ARTICLE VI
INSURANCE BY LESSEE
A. LIABILITY INSURANCE
Lessee agrees that it will at all times maintain public liability Insurance
with reputable insurance companies In the following amounts:
• Comprehensive Public Liability Insurance
Bodily Injury $ 300,000 each person
$1,000,000 each accident
Property Damage $1,000,000 each accident
This insurance shall assure the obligation of the Lessee to save the
Lessor harmless from any and all claims for damages arising on the demised
premises or resulting as a direct or indirect consequence of the occupation
and use of said demised premises or resulting as a direct or Indirect
consequence of the occupation and use of said demised premises by the
Lessee. Current copies of said Insurance policies or certificates of insurance
shall be furnished to the Lessor and shall be promptly replaced upon
expiration. Lessor shall be named as an additional insured on the policy.
Policy amounts shall be adjusted annually to reflect the limits of liability
under sovereign immunity set by the Missouri State Legislature.
e
B. RESTORATION OF CASUALTY LOSSES
• In the event of fire or other loss to the leased premises, Lessee shall
within ninety(90) days thereafter promptly restore the demised premises to
their condition prior to such loss. Notwithstanding the foregoing, if the
demised premises are totally destroyed or damaged to an extent which
substantially Interferes with the ability of Lessee to conduct Its business on
the demised premises, then the Lessee shall have the option to remove the
damaged Improvement and the debris resulting therefrom and restore the
surface condition of said demised premises to Its original condition, at which
date this lease shall be deemed canceled. If said destruction is of such extent
that complete rebuilding is necessary, the Lessee may elect to rebuild and
shall have a reasonable period of time In which to complete said rebuilding,
during which period the Lessee shall continue to pay the City the rents
provided in this lease or any renewal thereof.
ARTICLE VII
TERMINATION OF LEASE, ASSIGNMENT, TRANSFER AND CANCELLATION
A. TERMINATION
• This Lease shall terminate at the end of the full term hereof or the
option term, if exercised, and Lessee shall have no further right or interest
In any of the ground improvements hereby demised, except as provided In
Article VIII.
B. CANCELLATION BY LESSEE
This Lease shall be subject to cancellation by Lessee after the happening
of one or more of the following events:
1. in the event City should cease to operate or maintain an airport
adjacent to the demised premises.
2. The lawful assumption by the United States Government, or any
authorized agency thereof, of the operation, control or use of
the Airport, or any substantial part or parts thereof, in such a
manner as substantially to restrict lessee for a period of at least
ninety (90) days from operating thereon.
3. Issuance of any court or competent jurisdiction of any injunction
in any way preventing or restricting the use of the Airport, and
• the remaining in force of such injunction for a period of at least
ninety (90) days.
4. The default by Lessor in the performance of any covenant or
agreement herein to be performed by Lessor and the failure of
• Lessor to remedy such default for a period of sixty(60) days after
receipt from Lessee of written notice to remedy the same.
Lessee may exercise such right of cancellation by written notice to
Lessor at any time after the elapse of the applicable periods of time and this
Lease shall terminate as of that date. Rentals due hereunder shall be payable
only to the date of said termination.
C. CANCELLATION BY LESSOR
This Lease shall be subject to cancellation by Lessor in the event Lessee
shall:
1. Abandon the demised premises.
2. Discontinue its operations as outlined in Article I, section B.
3. Defaults In the payment of rent within five (5) days after being
due, then City after giving written notice of default may within
ten (10) days thereafter elect to declare this lease forfeited, in
• which event Lessee shall surrender possession of said premises
peacefully to the lessor. If Lessee shall default in any of the other
covenants herein contained and shall continue In such default for
a period of thirty (30) days after notice thereof in writing from
the Lessor, the lessor shall have the election to declare this lease
forfeited and thereupon, the Lessee shall surrender possession
of said premises. Lessee shall have the right to remove the
Improvements from the demised premises as provided herein
with respect to removal on termination of the lease, except that
Lessor may require any back rental payments to be made before
allowing such removal.
4. If Lessee falls to obtain any insurance required by this contract,
or if any Insurance policy required by this contract expires or is
canceled,then lessee shall cease all operation on leased premises
until proper insurance is obtained. If proper insurance is not
obtained within fifteen (15) days then Lessor may declare this
lease forfeited.
In any of aforesaid events, Lessor may take immediate possession of the
demised premises and remove Lessee's effects,forcibly, if necessary,without
being deemed guilty of trespassing. Upon said default, all rights of Lessee
• shall be terminated provided, however, Lessor and Lessee shall have and
reserve all of their available remedies at law as a result of said breach of this
contract.
e
Failure of Lessor to declare this Lease terminated upon the default of
Lessee for any of the reasons set out shall not operate to bar, destroy or
• waive the right of Lessor to cancel this Lease by reason of any subsequent
violation of the terms hereof.
D. WAIVER OF STATUTORY NOTICE TO QUIT
In the event lessor exercises its option to cancel this agreement upon
the happenings of any or all of the events set forth in Section C (Cancellation
by Lessor), a notice of cancellation shall be sufficient to Immediately cancel
this Agreement;and, upon such cancellation, Lessee herebyagrees that itwill
forthwith surrender up possession of the demised premises to the Airport
Commission as set forth in Article VIII.
E. ASSIGNMENT AND SUBLETTING
The Lessee shall not sublease, or assign this lease without first obtaining
the written approval of the City through the Director of the Department of
Community Development; but in such event, Lessee shall remain liable to
Lessor for the remainder of the term of the lease to pay to Lessor any
• portion of the rental and fees provided for herein. Said sublessee or
assignee shall not sublease or assign said lease except with the prior written
approval of Lessor and Lessee herein, and any assignment by the Lessee shall
contain a clause to this effect.
ARTICLE VIII
RIGHTS UPON TERMINATION
A. FIXED IMPROVEMENTS
At the termination of this Lease for any reason, Lessor shall be entitled
at its option to have the land demised herein returned to it clear of all fixed
improvements above ground level which have been constructed by Lessee
and restored to Its original condition. Request for said removal shall be set
forth In writing by Lessor to Lessee thirty (30) days prior to termination of
this lease. If removal is not requested prior to said thirty (30) days, Lessee
shall have no obligation for such removal.
0
If Lessor requires such removal, Lessee may have ninety (90) days after
termination in which finally to remove any such improvements, and
• proVided that such occupancy for purposes of removal shall be subject to
ground rentals due hereunder. If Lessee falls to remove said Improvements,
they may thereafter be removed by Lessor at Lessee's expense. Any
Improvements not removed before the termination of the Lease shall
become the property of the Lessor.
The Lessee Shall be the owner of all of the improvements which it
makes on the demised premises at its expense. Upon the termination of this
lease, or any renewal thereof, Lessee shall have the right to remove the said
Improvements at the cost of the Lessee, it being the purpose of the parties
that the title to said Improvements shall not inure to the City through the
theory of annexation. In the event Lessee elects to remove the
Improvements, Lessee shall at its cost restore the demised premises to their
condition prior to the placing of the Improvements thereon.
B. PERSONAL PROPERTY
Upon termination of this lease, Lessee shall remove all personal
property from the demised premises within ten (10) days after said
termination and if Lessee falls to remove said personal property, said
• property may thereafter be removed by Lessor at Lessee's expense.
ARTICLE IX
OBLIGATIONS OF LESSOR
A. SNOW REMOVAL
The Lessor will make every effort to clear snow and ice from parking
and apron areas. Removal will be done on a priority basis with runways and
taxiways having priority.
B. SECURITY
The Lessor will encourage police to patrol the Airport terminal and
apron areas.
ARTICLE
X
GENERAL PROVISIONS
A. LESSOR'S RESERVED RIGHTS
• 1. Lessor reserves the right (but shall not be obligated to Lessee) to
maintain and keep in repair the landing area of the airport and
all publicly-owned facilities of the airport, together with the
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right to direct and control all activities of the Lessee in this
regard.
2. Lessor reserve the right further to develop or improve the
landing area and all publicly-owned air navigation facilities of the
airport as it sees fit, regardless of the desires or views of the
Lessee, and without interference or hindrance.
3. Lessor reserves the right to take any action it considers necessary
to protect the aerial approaches of the airport against
obstruction, together with the right to prevent Lessee from
erecting, or permitting to be erected, any building or other
structure on the airport which in the opinion of Lessor would
limit the usefulness of the airport or constitute a hazard to
aircraft.
4. During time of war or national emergency Lessor shall have the
right to enter Into an agreement with the United States
Government for military or naval use of part or all of the landing
area, the publicly-owned air navigation facilities and/or other
areas or facilities of the airport. If any such agreement is
executed, the provisions of this instrument, Insofar as they are
• Inconsistent with the provisions of the agreement with the
Government, shall be suspended.
5. it is understood and agreed that the rights granted by this
agreement will not be exercised in such a way as to interfere
with or adversely affect the use, operation, maintenance or
development of the airport.
6. There is hereby reserved to the City of Jefferson City, its
successors and assigns, for the use and benefit of the public, a
free and unrestricted right of flight for the passage of aircraft in
the airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise as
may be Inherent in the operation of aircraft, now known or
hereafter used for navigation of or flight in the air, using said
airspace or landing at, taking off from, or operating on or about
the airport.
7. This lease shall become subordinate to provisions of any existing
or future agreement between the Lessor and the United States
Of America or any agency thereof relative to the operation,
development, or maintenance of the airport, the execution of
• which has been or may be required as a condition precedent to
the expenditure of federal funds for the development of the
airport.
8. lessor, through its duly authorized agent, shall have at any
• reasonable time during business hours the full and unrestricted
right to enter the leased premises for the purpose of Inspection.
B. NON-INTERFERENCE WITH OPERATION OF AIRPORT
Lessee by accepting this Lease expressly agrees for itself, its successors
and assigns that it will not make use of the leased premises in any manner
which might interfere with the landing and taking off of aircraft from
Jefferson City Memorial Airport or otherwise constitute a hazard. In the
event the aforesaid covenant IS breached, Lessor reserves the right to enter
upon the premises hereby leased and cause the abatement of such
interference at the expense of the Lessee.
C. RELOCATION OF IMPROVEMENTS
In the event Lessor requires the demised premises for expansion or
development of the airport Lessor reserves the right, on six (6) months'
notice, to relocate or replace Lessee's improvements in substantially similar
form at another location on said Airport. In said event, Lessee shall have the
right to terminate this Lease.
• D. LESSOR'S OPTION TO PURCHASE
Lessor reserves the right to purchase the Improvements constructed
on the premises by the Lessee at any time during this lease or any renewal
thereof, or at the termination thereof on the following terms: The actual
cost of the Improvements, to be substantiated by actual invoices covering
labor and materials at the time of the Improvements, shall be furnished to
the Lessor. In the event the Lessor Shall exercise Its right to buy the
Improvements, the price to be paid the lessee shall be determined by the
actual cost of construction or purchase price of Improvements, depreciated
at the rate of three per cent (3%) per annum from the time the
improvements were constructed or purchased until the time the Lessor
desires to exercise said option to purchase. In the event the City desires to
exercise the option to purchase, it shall give to the Lessee, in writing, notice
of Its intention to purchase the improvements six (6) months prior to the
purchase thereof,and lessee shall not Improve the demised premises during
this period. If Lessor gives notice as aforesaid, of its intent to exercise this
option to purchase, Lessee may elect to retain and remove said
Improvements from the demised premises at Its own cost and at no cost to
the Lessor and Lessee shall also at Its cost restore the demised premises to
their condition prior to the placing of the Improvements thereon.
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E. ERS VICES
• The lessor shall have no responsibility or liability to furnish any services
to Lessee other than those specified in this lease, but Lessee may negotiate
with lessor for any additional services it may request and shall pay for such
additional services the consideration so negotiated.
F. PARAGRAPH HEADINGS
The paragraph headings contained herein are for convenience in
reference and are not intended to define or limit the scope of any provision
of this lease.
G. NOTICES, CONSENTS AND APPROVALS
Whenever any notice or payment is required by this lease to be made,
given or transmitted to the parties hereto, such notice or payment shall be
deemed to have been given if enclosed in an envelope with sufficient
postage attached to insure deliver, and deposited in the United States mall,
addressed to:
LESSOR..................City of Jefferson
• Department of Community Development,Airport Div.
320 East McCarty Street
Jefferson City, MO 65101
LESSEE...................Dr. Ned Hug
718 North Sherwood Drive
Jefferson City, MO 65109
or such other place as either party shall in writing designate in the manner
herein provided.
H. SUCCESSORS AND ASSIGNS
All of the terms, covenants and agreements herein contained shall be
binding upon and shall inure to the benefit of successors and assigns of the
respective parties hereto.
I. AMENDMENTS TO LEASE
All amendments to this lease must be made in writing by mutual
agreement to the parties, and no oral amendments shall be in force or effect
• whatever.
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ARTICLE XI
• NON-EXCLUSIVE RIGHTS
It is understood and agreed that nothing herein contained shall be
construed to grant or authorize the granting of any exclusive right within
the meaning of Section 308 of the Federal Aviation Action of 1958.
Lessor reserves the right, at Its sole discretion, to grant others certain
rights and privileges upon the Airport which are identical in part or in whole
to those granted to Lessee.
IN WITNESS WHEREOF, the parties hereto have caused this Instrument
to be executed as of the date first above mentioned at Jefferson City,
Missouri.
CITY OF JEFFERSON, MISSOURI /
May r Dr. d Hug
ATTEST: ATTEST:
�1 B?<�'2///
City Clerk
Ap d Form
City MuMsMor