HomeMy Public PortalAboutORD12844 t ,
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,rte BILL NO, 98-108
SPONSORED BY COUNCILMAN McDowell _
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
CERINI
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HOWARD ,
CERINI INVESTMENTS, D/B/A HERTZ RENT-A-CAR, FOR LEASE OF COUNTER
` SPACE AT THE JEFFERSON CITY MEMORIAL AIRPORT.
{ BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
y" Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
an agreement with Howard Cerini, Cerini Investments, D/B/A Hertz Rent-A-Car, for Lc� ase
of Counter Space at the Jefferson City Memorial Airport.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the elate of
its passage and approval.
Passed:, !/ - - Approved: �� ��
Mayor
Presiding Officer
TEST: APPROVED AS TO FORbW
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i Lity Clerlt City Coun e or :
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T LEASE AGREEMENT O CITY Oh JEFFERSON, MISS
BETREEN
AND
CERINI INVESTMENTS INC.,
dlb✓a HERTZ RENT-A-CAR LICENSEE 's t}'r
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INDEX TO LEASE AGREEMENT �
" ARTICLE I
PREMISES AND PRIVILEGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L
A. DESCRIPTION OF PREMISES DEMISED . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . 1
B. OBSERVANCE OF STATUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . 1
ARTICLE II i
INGRESS AND EGRESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
} ARTICLE III
OBLIGATIONS OF LESSOR 2 i
A. NET LEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . • . . . . . . . . . . . . . . . . 2
C. ALTERATIONS AND REPAIR TO PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
E. TRASH, GARBAGE, ETC. . . . . . . . . 2
j' F. SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
i G. NONDISCRIMINATION . . . . . . . . . . . . . . • . . . . . • 2
# H. AFFIRMATIVE ACTION PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
I. NO DISCRIMINATORY PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
' J. F.A.A.AND AIRPORT INSTRUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE PV a
j5
TERM OF LEASEHOLD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
.A. ARTICLE V
`.0 RENTALS AND RATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 `
A. GENERAL . . . . . . . . . . . . . . . . 4
B. FACILITIES RENTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 � .
C. AUTOMOBILE RENTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . , . . . . . . . . 4
D. TIME AND PLACE OF PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 "
E. NATIONAL.EMERGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
., ARTICLE VI
INSURANCE BY LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "� '
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A. LIABILITY INSURANCE
B. WORKERS COMPENSATION . 5
'`1 ARTICLE VII
TERMINATION OF LEASE,ASSIGNMENT AND TRANSFER,
�i AND CANCELLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . €a
r A. TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
B. CAN
BY LESSEE 5"
C. CANCELLATION BY LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,
y D. WAIVER OF STATUTORY NOTICE TO QUIT
. . . . . . . . . . +
• • •
E. ASSIGNMENT AND SUBLETTING . . . . . 6
ARTICLE VIII
RIGHTS UPON TERMINATION . 7
{_ A. OWNERSHIP OF IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . , . . . ''i
B. PERSONAL PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ,
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ARTICLE IX
� s { . OBLIGATIONS OF LESSOR ;
�.' SNOW REMOVAL . . . .. . . , . . . . . . . . ... . .
B. SECURITY . . . . . ... . . . . . . . . . . . . . . . . .
}lies`_'i;;"_
ARTICLE X ,
Y GENERAL PROVISIONS ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ,
A. LESSOR'S RESERVED RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 7
1 B., NON-INTERFERENCE WfTH OPERATION OIL, AIRPORT . . . . .
C. SERVICES . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. :.
D. PARAGRAPH HEADINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !� �
a$, E. NOTICES, CONSENTS AND APPROVALS . . . . . . . . . . . .. . . . . . . . . .
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F. SUCCESSORS AND:ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . :9.,
t.,. G. AMENDMENTS TO LEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;�► r
ARTICLE XI
z'r NON—EXCLUSIVE RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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CITY OF JEFFERSON
AIRPORT LEASE AND AGREEMENT
THIS AGREEIIIENT,made and entered into this fray of November, 1998, by and between the City
of Jefferson,Missouri(hereinafter referred to as"Lessor"), and Cerini Investments, Inc. d/t►/a Hertz Rent-A-
{ Car, a corporation organized and existing under and by virtue of the lows of the State of Missouri
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(hereinafter referred to as"Lessee").
WITNESSETH:
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WHEREAS, Lessor is now the owner of, or holds under lease, with power to giant rights with respect
thereto, the airport located at Jefferson City, Missouri; and
r WHERT<EAS,Lessee is engaged in the business of an automobile rental franchise, and .desires to obtain the
right and privilege of using a certain portion of the Lessor's airport facilities; and
'+ WHEREAS, Lessor is willing to grant to Lessee the right to use a certain portion of its airport facilities.
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NOW THEREFORE,for and inconsideration of the rents, covenants, and agreements conta.iaied herein,
and for other good and valuable consideration,the parties hereto have mutually covenanted and agreed,and
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do hereby mutually covenant and agree, each with the other, for the benefit of each other as follows:
ARTICLE I
PREMISES AND PRIVILEGES
to be performed b Lessee, all of which
For and in consideration of the terms, conditions and covenant of this Lease p Y ;
Lessee aLcepts,Lessor hereby)eases to Lessee and Lessee hereby hires and takes from Lessor certain property, together
With improvements thereon(hereinafter called"demised premises"), and certain attendant privileges,uses and rights,
+
as hereinafter specifically set out.
A. DESCRIPTION OF PREMISES DEMISED
For the area in the terminal building,Lessor hereby demises and leases to the Lessee, for a term coextensive
with the term of this Agreement,for its operations,reservations and counter the use of approximately fifty-five
(56)square feet of space, including counter,in the terminal building for the Lessee to conduct its operations. ,
B. OBSERVANCE OF STATUTES
The granting of this Lease and its acceptance by Lessee is conditioned upon the right to use said public airport
facilities in common with other authorized to do so, provided however, that Lessen 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 t ,
Traffic Commission and adopted by the City Council for the administration of the airport.
: ) ARTICLE II
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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,
Z vendors, suppliers, patrons, and invitees over the roadway provided by Lessor serving said premises. Said Lessor's .
+. roadway shall be used jointly with other tenants on the airport.
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ARTICLE III
+ OBLIGATIONS OF LESSOR
j A. NET LEASE
The use and occupancy of the demised premises by Lessee will be without cost or expense to Lessor, except the
Lessor will furnish all heat, air-conditioning and lighting. It shall be the sole responsibility of Lessee to keep,
maintain, repair and operate the entirety of the demised premises and all improvements thereon at Lessee's
sole cost and expense.
B. MAINTENANCE
The standards of up-keep and maintenance required of Lessee under this Lease shall be not less than the
standards followed by Lessor for similar buildings and premises under Lessor's control. Any deviation from said
minimum standards shall be brought to the attention of Lessee by Lessor, in writing, and shall be corrected
within ninety(94)days thereafter.If the failure to maintain properly the proper standards rosults in a hazard
to the public,airport personnel,or the aircraft or airport property, then Lessor shall have the right to order the
premises closed until the hazard is remedied.
C. ALTERATIONS AND REPAIR 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 Public Works, 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 Lessor's other remedies at law.
D. UTILITIES
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Lessee shall assume and pay for all costs or charges for telephones furnished to Lessee during the,term hereof,
including all service charges incurred therefor.
j 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 the result; of the operation. Lessee shall
provide and use suitable covered metal receptacles for all such garbage, trash and other r,efiise. {
Piling of boxes, cartons, barrels or other similar items, in an unsightly or unsafe manner, on or about the
t; demised premises shall not be permitted.
F. SIGNS }
• During the term of this Agreement, Lessee shall have the right, at its expense, to place in or on the premises {
a sign or signs identifying Lessee. Said sign or signs shall be of a size, shape and design, and at a location or
locations, approved by Lessor and in conformance with any overall directional graphics or sign program i:..
established by Lessor. Lessor's approval shall not be withheld unreasonably. Notwithstanding any other t
provision of this Agreement, said sign(s) shall remain the property of Lessee. Lessee shall remove, at its
J' expense,all property of Lessee. Lessee shall remove, at its expense,all letteng,signs and placards to erected
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on the premises at the expiration of the term of this Agreement,or any renewal thereof. tt
G. NONDISCRIMINATION
Lessee for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of.tho
consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event
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facilities are constructed, maintained, or otherwise operated on the said property described in this Lease for
a purpose for which a Department of Public Works program or activity is extended or for another purpose
r involving the provision of similar services or benefits,the Lessee shall maintain and operate such facilities and
1 services in compliance with all other requirements imposed pursuant to 49 CFR fart 21, Nondiscrimination
in Federally Assisted Programs of the Department of Public Works, and as said Regulations may be amended.
Lessee,for itself, its 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 improvement.9 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 Lessee shall use the premises in compliance i ith all other requirements imposed by
or pursuant to 49 CFR fart 21,Nondiscrimination in Federally Assisted Programs of the Department of Public
Works, and as said Regulations may be amended.
Lessee shall comply with all FAA and U. S. Code requirements as to nondiscrimination.
H. AFFIRMATPIE ACTION PROGRAM
Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part. 152, Subpart
E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded fiom
participating in any employment activities covered in 14 CFR Part 152, Subpart E. lessee assures that no
1 person shall be excluded on these grounds from participating in or receiving the services or benefits of any
program or activity covered by this subpart. Lessee assures that it will requ' a that its covered
suborganizations provide assurances to Lessee that they similarly undertake affirmative action programs and
that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to
1 the same effect.
I. NO DISCRIMINATORY CHARGES
discriminator. basis to all user: thereof, and ?
Lessee agrees to furnish service on a fair,equal and not unjustly y
to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, that
Lessee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price
! reductions to volume purchasers. +
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J. FAA.AND AIRPORT INSTRUMENTS
The Federal Aviation Administration and Lessor are hereby granted the right and privilege by Lessee to place
on an around the above described premises,without cost to Lessee,whatever instruments and equipment they
' desire during the term of this Lease, so long as said instruments or equipment do nut interfere with the s r
intended use of the premises by Lessee.
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ARTICLE IV
TERM OF LEASEHOLD
The terra of this Lease shall be for one(1)year subject to earlier termination for cause as prodded herein. The term of {
se day of November, 1998. Lessee shall have an option to renew said.L.ease..for
the Agreement shall commence on the l `.
four(4)additional terms of one(1)year on the same terms and conditions, except that rental rates and charges at the
i end of the original term and each optional term shall be renegotiated, The option to renew said Lease shall be exercised �.
I by Lessee by giving written notice to Lessor of such intention to renew said Lease at bast ninety(90)days prior to the {{
expiration of the initial one (1)year period.
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ARTICLE V
RENTALS AND RATES
A. GEIv'ERAL
For the area herein demised, Lessee shall pay to Lessor a fixed annual rental as herein�ifte'r sat forth.
B. FACILITIES RENTAL
ts and agrees to pay to Iesaor as rent for said
In consideration of the leasing aforesaid,Lessee hereby covenan .
demised remises the sum of Five Hundred b Fifty Dollars monthly annually ll�ments in t present rate of he amounts of FortQ-Five
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square foot per year which said sum shall be paid in equal monthly a Lease
Dollars and Eighty-Thine Cents(�45•S shall
hereafter. due and payable cn t be paid upon he 1' day of each alnd every month
and all subsequent monthly installments
hereafter.
C. ATJ'I'OmOBILE RENTAL
`
nd conditions hereinafter stated, the right to
The Lessor hereby grants to Lessee, subject to the terms a ;
i
� administer a Hertz Rent-A-Car automobile leasing franchise.
' 1 Payment shall be made to the City of Jefferson, on or before the 15`h day of each month.
'( 2• Lessee shall have the right to reasonable and adequate parking space(s)at a locatiotx designated by Ik
Lessor and reasonably convenient to the terminal building at the airport.Lessor shall ana:ce at Ieast
f . ten(10)spaces available and Lessee shall not use in excess of fifteen(15)spaces.
" g. Rental automobiles made available her
shall be maintained in good operative order, free from
known mechanical defects, and in clean, neat and attractive condition,inside and out.
4. Lessee agrees that it shall obtain and maintain continuously in effect at all times general liability
out in Article VI of this Agreement.
insurance as set o �
i
D. TI,1 ]E AND PLACE OF PAYMENT
i>.. paid on or before the 1°` d
Rentals for all facilities shall be ay of each month; the rental far the automobile
Payments are to be made to the City
{ rentals shall be paid on or before the 15`h day of each and every La thMcC Street,Jefferson City,Missouri
of Jefferson,Department of Public Works,Airport Division,
66101,or such other place the Lessor may direct Lessee,in writing.
the Lessee,its employees,
i In addition to the apace for its operations,reservations and ticket counter facilities,
r guests, patrons and invitees shall have the use, in common with others, of all Public places in the terminal
building or any addition thereto, in without conveniences The space herein demised to the1Lessae fcr y
hallwEiys,restrooms aria other public and passenger
o erations, reservations and ticket counter facilities may be used by the Lessee for its operations office, and
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customer service office,or for such other purposes as Lessee may deem desirable in the conduct of its rent-.a-car �
operation.
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E. NATIONAL EMERGENCY ;
event osaesaion of the demised premises and the improvements thereon is assumed by the United States
In the p
of America under any emergency powers, the rant due under this Lease shall abate for the period of such 4
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osaession.If the Lessee shall be reimbursed by the United States Government for its assumption of'tpoat if said
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then the rental provisions of this Lease shall remain in effect, but provided further, however, s
ment is less than the amount of rental herein provided, the Lessee ited States4Gove Government
to the 4
reimbursement {
,yTM Lessor only such amount of reimbursement as it shall receive from the ri
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facilities are constructed, maintained, or otherwise operated on the said property described in this Lease for
a purpose for which a Department of Public Works 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 Public Works,and as said Regulations may be amended.
1
Lessee,for itself, its 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
i 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, colter, or
national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3)that 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 Public
Works, and as said Regulations may be amended.
Lessee shall comply with all FAA and U.S. Code .requirements as to nondiscrimination.
H. AFFIRMATIVE ACTION PROGRAM
Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 182, Subpart
E, to insure that no person shall on the grounds of race, creed, color, national origin,or sex be,excluded from
participating in any employment activities covered in 14 CFR Fart 152, Subpart E. Lessee assures that no
person shall be excluded on these grounds from participating in or receiving the services or benefits of army
program or activity covered by this subpart. Lessee assures that`it will require that its covered
I suborganizations provide assurances to Lessee that they similarly undertake affirmative action programs and
{ that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to
the same effect.
r I. NO DISCRIMINATORY CHARGES
Lessee agrees to furnish service on a fair,equal and not unjustly discriminatory basis to a.11 users thereof, and
to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVfDFD. that
Lessee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price 4
reductions to volume purchasers.
,
J. F.A.A.AND AIRPORT INSTRUMENTS
I
The Federal Aviation Administration and Lessor are hereby granted the right and privilege by Lessee to place
on an around the above described premises,without cost to 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
1 intended use of the premises by Lessee.
ARTICLE IV
TERM OF LEASEHOLD
i
The term of this Lease shall be for one(1)year subject to earlier termination for cause as prodded horein. The term of
the Agreement shall commence on the 1"day of November, 1998. Lessee shall have an option to renew said Lease for
,? four(4)additional terms of one(1)year on the same terms and conditions, except that rental rates and charges at the.
end of the original term and each optional term shall be renegotiated. The option to renew said 1:ease shall be exercised'
by Lessee by giving written notice to Lessor of such intention to renew said Lease at least ninety(90)days prior to the
expiration'of the initial one(1)year period.
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ARTICLE V
RENTALS AND RATES
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A. GENERAL
For the area herein demised,i,essee shall pay to Lessor a fixed annual rental as hereinafter net forth,
B. FACILITIES RENTAL
In consideration of the leasing aforesaid, Lessee hereby covenants and agrees to pay to Lessov as react for said
demised premises the sum of Five Hundred Fifty Dollars ($550.00) annually at the present rate of$10.00 per
square foot per year which said sum shall be paid in equal monthly installments in the amounts of Forty-Five
Dollars and Eighty-Three Cents($45.83), the first monthly installment to be paid upon execution of this amae
and all subsequent monthly installments shall be due and payable on the 1``day of eael.i acid every month
hereafter.
C. AUTOMOBILE RENTAL.
The Lessor hereby grants to Lessee, subject to the terms and conditions hereinafter stated, the right to
administer a Hartz Rent-A-Car automobile leasing franchise.
1. Payment shall be made to the City of Jefferson,on or before the 15"'day of each month,
2. Lessee shall have the right to reasonable and adequate parlsing spaces) at a location designated by
t, Lessor and reasonably convenient to the terminal building tit the airport. Iasar Qhal3 make at least
ten(10)spaces available and Lessee shall not use in excess of fifteen(15)spaces.
3. Rental automobiles made available hereunder shall be maintained in good operative order, free from
known mechanical defects,and in clean, neat and attractive condition,inside and out.
4. Lessee agrees that it shall obtain and maintain continuously in effect at all times general liability
insurance as set out in Article VI of this Agreement.
4
D. TIME AND PLACE OF PAYMENT
1
Rentals for all facilities shall be paid on or before the 1°` day of each month; the rental for the automobile
' rentals shall be paid on or before the 151h day of each and every month.All payments are to be made tra the City
of Jefferson, Department of Public Works,Airport Division,320 East McCarty Street,Jefferson City,Missouri
66101, or such other place the Lessor may direct Lessee, in writing.
In addition to the space for its operations, reservations and ticket counter facilities, the Lesser*, its employees, �
guests, patrons and invitees shall have the use, in common with others, of all public places in the terminal
building or any addition thereto, including without limiting the generality hereof, its lobby, waiting rooms,
' a hallways,restrooms and other public and passenger conveniences.The space herein demised to the Lessee for
operations, reservations and ticket counter facilities may be used by the Lessee for its operations office, and j
customer service office,or for such other purposes as Lessee may deem desirable in the condticr of its rent-a-car
i. operation.
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E. 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 i
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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
Lessor only such amount of reimbursement as it shall receive from the United.States Government.
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ARTICLE VI {
INSURANCE BY LESSEE
A. LIABILITY INSURANCE
Lessee agrees that it will at all times maintain public liability insurance with reputable insurance companies, .
the following:
4.
Professional Liability $ 500,000 each accident
f
Comprehensive Public Liability
Bodily Injury $ 250,000 each person.
$1,000,000 each accident
Property Damage $1,000,000 each accident
{ Car Insurance
Bodily Injury $ 100,000 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 arty and all 61%ims
f for damages arising on the 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 e.spiration,.
B. WORKERS'COMPENSATION
Said Lessee further covenants and agrees that the Lessee save harness said Lesser and the above demised
premises at all times during the continuation of.this Lease from all damages,claims,fines,penalties,.costs and.at
expenses whatsoever which may result to said Lessor or to said demised premises or to any improvemente ry
any time situated thereon under the provisions of the Workers' Compensation Law and other statutory
provisions of a similar nature.
ARTICLE VII
} TERMINATION OF LEASE,
j ASSIGNMENT AND TRANSFER,.AND CA:NCELLA►TION
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A. TERMINATION
This Lease shall terminate at the end of the full term hereof or the option terms, if exercised, and Lessee,shall
have no further right or interest in any of the ground improvements hereby demised, except as provided in 4
Article VIII. i
r k B. CANCELLATION BY LESSEE i
' This Lease shall be subject to cancellation by Lessee after the happening of one or more of the fallowing events; j �k
Y> L In the event Lessor should cease to operate or maintain an airport adjacent to the d emised 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,au
i. substantially to restrict Lessee for a period of at least-ninety(9pi)days from operating thereofI,
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3. I84uance by any court of competent jurisdiction of any injunction in any way preventing or re-mtricting
the use of the Airport,and the remaining in force of such injunction for a period of at least ninety(90)
day>>.
4. Tile 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 veccipt 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
i applicable periods of time and this Lease shall terminate as of that date. Ilentals 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 a full service auto rental franchise..
3. Defaults in payment of rent within five(5)days after being due, then Lessor,after giving written notice
of default, may within ten (10) days thereafter elect to declare this Lease ;orfeited, 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 de.lault for a period of thirty(30)
days after notice thereof in writing from the Lessor, the Lessor shall have the election to dechu a 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 rest;ect
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 Is ssee fails to obtain any insurance required by this�lceement, or if any insurance policy required
celled then Lessee shall ceasY all operation on leased premises until
by this Agreement expires or is cancelled,
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 detuised 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,howevex,Lessor and Lessee shall have and reserve all of their available remedie s
at law as a result of said breach of this Agreement.
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 Lesser to cancel this bmse 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 Article VII, Section C (Cancellation by Lessor), a notice of cancellation shall be sufficient to
immediately cancel this Agreement; and, upon such cancellation,Lessee hereby agrees that it will forthwith
surrender up possession of the demised premises to the Lessor as set forth in Article VIII.
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E. ASSIGNMENT AND SUBLETTING
The Lessee shall not sublease, or assign this Lease without first obtaining the written approval of the Lessor
through the Director of the Department of Public Works;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 far . E
herein.Said sublessee or assignee shall not sublease or assign said Lease except with the prior effec�..approval
of Lessor and Lessee herein, and any assignment by the Lessee shall contain a clause to this effect.
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AR`T'ICLE VIII
RIGHTS UPON TERMINATION
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A. OWNERSHIP OF IMPROVEMENTS
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 Lessor through the theory of annexation. In tl►e event essee 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 fails to remove said personal property, said property may
thereafter be removed by Lessor at Lessee's expense.Lessor shall make all.reasonable and diligent efforts to
preserve and protect any property removed and to turn the same over to the Lessee in the same condition(or
as near thereto as reasonably possible)as when removed.Should Le:-see fail to claim the property within fifteen
(15)days of removal,the Lessor may destroy, sell or otherwise dispose of said property without,any liability to
Lessee.
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ARTICLE IX
OBLIGA.TIONS OF LESSOR.,
,A. SNOWY REMOVAL
The Lessor will make every effort to clear snow and ice from parking and apron areas.Removal will be done
jjon a priority basis with runways and taxiways having priority.
B. SECURITY
` The Lessor will encourage police to patrol the Airport terminal and apron areas.
{
`a\ i ARTICLE IX
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 right to !
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direct and control all activities of the Lessee in this.regard. t
2. Lessor reserve the right further to develop or improve the landing area aria all publicly-owned air
t 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 i
to be erected,any building or other structure on the airport which in the opinion of Lessor would limit
4 the usefulness of the airport or constitute a hazard to aircraft, t
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
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executed, the provisions of this instrument, insofar as they are incor_si8tent with the provisions of the
agreement with the Government, shall be suspended,.
b. 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 reset%ed to the City of Jefferson, its successors and assigns, for tho 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 amy 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 raay 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.
R. 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 leaned and cause the abatement,of such
interference at the expense of the Lessee.
C. SERVICES
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 requeat and.shall pay for f
such additional services the consideration so negotiated.
I D. PARAGRAPH READINGS .t
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s
The paragraph headings contained herein are for convenience in reference and are not intended to defrrte or
limit the scope of any provision of this Lease.
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E. NOTICES,CONSE14TS AND APPROVALS
i 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 j
? postage attached to insure delivery, and deposited in the United States mail, addressed to: .
i
LESSOR: City of Jefferson
Department of Public Works
Airport Division ;
320 East McCarty Street
Jefferson City,MO 65101 �.
LESSEE: Cerini Investments, Inc. d/b/a Hertz Rent.-A.-Car
Columbia Regional Airport
Route 1
Columbia,MO 65201
or such other place as either party shall in writing designate in the manner herein provided.
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F. 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.
G. AMENDMENTS TO LEASE '
All amendments of this Lease must be made in writing by mutual agreement of the pasties, and no oral
amendments shall be in force or effect whatever.
ARTICLE XI
NON-EXCLUSIVE RIGHTS
t It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an
exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1368.
iLessor 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.
LESSOR LESSEE
CITY OF,JEFFERSON,MISSOURI CERINI INVESTMENTS, INC. ". .: '•,
D/B/A HERTZ RENT A-CA,R
`2.1
City Administrator President
Ail
} ST: A't"PEST:
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t` Ci Cier Secretary
APPROVED AS�'O Z: RECOMMENDED BY TRANSPORTATION ,
' ANT?TRAFFIC COW4ISS.ION
��� ,• City Counse or
Adiuinistrative ` etary
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