HomeMy Public PortalAboutORD12479 I
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BILL.NO. 96-26
SPONSORED BY COUNCILMAN McDowell
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE GROUND LEASE WITH THE STATE OF
MISSOURI, DEPARTMENT OF PUBLIC SAFETY, HIGHWAY PATROL, AT THE
i JEFFERSON CITY MEMORIAL AIRPORT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
an Ground Lease with the State of Missouri, Department of Public Safety, Highway Patrol,
at the Jefferson City Memorial Airport.
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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 date
of its passage and approval.
Passed: 6 — �^ Approved:
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Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City C0666Wr
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CITY OF JEFFERSON
LEASE AGREEMENT
THIS AGREEMENT made and entered into this 1" day of July, 1996, (Lease No. 02600869), by and
between the City of Jefferson City, Missouri, a municipal corporation, (State of Missouri Vendor No.
0009989),hereinafter designated as"Lessor"and the State of Missouri,by the Office of Administration,
Division of Facilities Management,hereinafter designated as"Lessee,"on behalf of the Department of Public
Safety,Missouri State Highway Patrol,hereinafter designated as"Tenant."
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WITNESSETH: `
WHEREAS,the Lessor now owns and operates the Jefferson City Memorial Airport,located in Jefferson
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City,Missouri;and
WHEREAS,the Lessee has constructed an airplane hangar 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(hereinafter called"demised premises"),and certain attendant privileges,uses and rights,
as hereinafter specifically set out.
A. DESCRIPTION OF PREMISES DEMISED
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The Premises hereby leased is that certain tract of real estate described as follows:
Part of the Northwest quarter of Section 15,Township 44,Range 11,in the County of
Callaway,State of Missouri,being more particularly described as follows:
From the northwest corner of said Section 15;thence southerly along the west line of
Said Section 15,823.85 feet;thence deflecting 60°22'to the left,312.05 feet,thence
deflecting 90°00'to the right 30.4 feet to the point of beginning of this description;
thence deflecting 90°00'to the left 84.55 feet;thence deflecting 90°00'to the right,
80.00 feet;thence deflecting 90°00'to the right,84.55,thence deflecting 90e right 80.0
feet to the point of beginning.
comprising approximately 6,764 square feet total,as delineated by red and green,areas and designated upon
a plat of said premises hereto attached and marked Exhibit A.The parties hereto agree that the green shaded
area consists of approximately 5,600 square feet and the remaining red area consists of approximately 1,164
square feet.
B. USE OF PREMISES DEMISED
f Lessor hereby grants Lessee the right to use said demised premises for storing,maintaining,and repairing
r ; aircraft owned or controlled by said Lessee and purposes reasonably incidental thereto.
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•.�,,' Lessee shall not use or permit the use of any part of the leased promises 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 8010 use of the
Lessee in his private aircraft.
C. OBSERVANCE OF STATUTES,ETC.
The granting of this lease and its acceptance by Lessee is
facilities in common with others authorized to do so, conditioned upon the right to use said public airport
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&
Traffic Commission and adopted by the City Council for the administration of the airport.
ARTICLE II
ING_ RESS AND EGRE S
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 agents,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.Any roadways, aprons,
taxiways,or parking ramps installed by Lessee on the demised property shall remain under the exclusive control of
lessee subject to the other provisions contained herein.
ARTICLE III
OBLIGATIONS OF LESSEE
I A. NET LEASE
The use and occupancy of the demised premises by Lessee will be without cost or expense to
the sole responsibility of Lessee to keep,maintain,repair and operate the entirety of the demi ed prem sesland be
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all improvements and facilities thereon at Lessee's sole cost and expense.
B. MAINTENANCE AND REPAIR
Lessee shall maintain the leased premises at all times in a safe,neat and sightly condition and shall not permit
the accumulation of any trash 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 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 be solely responsible 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.
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E. TRASH,GARBAGE,ETC.
Lessen 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.
iPiling of boxes, cartons,barrels or other similar items,in an unsightly or unsafe manner,on or about the
demised premises,shall not be permitted.
F. SIGNS
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
signago from the City's Department of Planning and Code Enforcement. t
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
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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 Transportation 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 Transportation,and as said Regulations may be amended.
Lessee shall comply with all FAA and U.S.Code requirements as to nondiscrimination.
ARTICLE IV
TERM OF LE,A HO .n
The term of this lease shall be for one(1)year subject to earlier termination for cause as provided herein. The term of
I the agreement shall commence on the first day of July,1996. Lessee shall have an option to renew said lease fourteen
(14)additional terms of one(1)year on the same terms and conditions,except that rental rates and charges at the end
i of tha original term and each option shall be renegotiated. The Lessee shall be deemed to have exercised its option to
renew this lease for the succeeding period unless the Lessee notifies the Lessor,in writing,of its intent to vacate the
premises not less than sixty(60)consecutive calendar days prior to the expiration of any period for which the premises
are let. The first to begin July 1, 1996 with the final option to expire June 30,2011.
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ARTICLE V
RENTALS AND F t FS
A. GENERAL
For the ground area herein demised,Lessee Shall pay to Lessor a fixed annual rental as hereinafter set forth.
B. FACILITIES RENTAL
Lessee shall pay to Lessor minimum annual rental in the amount of One Thousand Two Hundred Thirty-Six
Dollars and Forty Cents($1,230.90)[$1,120.00(green)t+..20 cents and$116.90(red)t+ .10 cents]per year at
the present rate of$0.20 per square foot per year for the area shaded green on the attached Exhibit A,and
$0.10 per square foot per year for area shaded red which sum shall be paid in equal annual installments,the
first annual installment to be paid upon execution of this Lease and all subsequent annual installments shall
be due and payable on the 1st of August of each and every year thereafter. In the event Tenant erects a
structure upon any part of the area shaded red during the term of this Lease,the rental rate per square foot
for any such area shall automatically increase from$0.10 to$0.20 pro rated from the time such structure is put
in use.
C. TIME AND PLACE OF PAYMENT
Rentals shall be paid on or before the first day of July each year for the annual rental due hereunder.All
payments are to be made to the City of Jefferson,Department of Public Works,Airport Division,320 East
McCarty Street,Jefferson City,Missouri 65101,or such other place the Lessor may direct Lessee,in writing.
D. NATIONAL EMERGENCY
In the event possession of the demised premises and the improvements thereon is assumed by the United States
i of America under any emergency powers, the rent due under this lease shall abate for the period of such
it possession.I£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 h
� erein 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 5
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INSURANCE BY LESSEE
A. LIABILITY INSURANCE
Under the advice of the Attorney General of the State of Missouri,Lessee is unable to maintain public liability
insurance in the name of the Lessee.Lessee does not abrogate its sovereign immunity except as worded in
Sections 537.600 to 537.650 RSMo, 1980. In lieu of maintaining public liability insurance in the amounts of
not less than$100,000/$1,000,000 with reputable insurance companies,insure the Lessee against any and all
claims for damages arising from the use,control,or maintenance of aircraft on the demised premises by the
Lessee or its employees,Lessee participates in the State of Missouri Legal Expense Fund. Lessee shall produce
written evidence of its participation and any limitations.
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B. RESTORATION OF CASUALTY LOSSES
In the event of fire or other loss to the leased premises,Lessee shall,to the extent of monies lawfully available
for that purpose,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
y 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,
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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 LIPASE 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.
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B. CANCELLATION BY LESSEE l ``
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 n t 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
i payable only to the date of said termination.
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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.
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4. If Lessee fails to obtain any insurance or alternative provided herein required by this contact,
or if any insurance policy required by this contract expires or is canceled,then Lessee shall
cease all operation on]eased premises until proper insurance is obtained.If proper insurance
is not obtained within fifteen(15)days then Lessor may declare this lease forfeited.
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In any ofaforesaid 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.
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Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall
riot 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 hereby agrees that it will forthwith surrender up
Possession of the demised premises to the Airport Commission as set forth in Article VII.
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 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 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. f
ARTICLE VIII
0 RIGfrITS UPON TERMINATION
A. FIXED IMPROVEMENTS I
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.
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
1 rentals due hereunder.If Lessee fails to remove said improvements,they may thereafter be removed by Lessor
at Lessee's expense.
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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 an renewal thereof,eof,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 fails to remove said personal property,said property may
thereafter be removed by Lessor at Lessee's expense.
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ART.ICLE�X
AL PR USIONS
A• LESSOR'S RESERVED RIGHTS
I• Lessor reserves the right '
landing area of the airport and all Ipubli ly-owned f cilities of the airport,�together with in the right to
direct and control all activities of the Lessee in this regard.
Z• Lessor reserve the right further to develop or improve the landing area and all publicly-owned air
navigation facilities of the airport as it secs 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
the airport against obstruction,together with the right to prevent Lessee from erecting,or permitting 'V
to be erected,any building or other structure on the airport which in the opinion of Lessor would Jim
the usefulneas of the airport or constitute a hazard to aircraft. it
9• During time of war or national emergency Lessor❑hall 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,
6• 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.
S• Therm 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
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surface of the premises herein conveyed,together with the right to cause in said airspace such noise
in may be inherent in the operation of aircraft,now known or hereafter used for navigation of or night
I 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,
ri I or maintenance of the airport, the execution of which has been or may be required as a con •
precedent to the expenditure of federal funds for the development of the airport. d>tion
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
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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 promises for expansion or development of the airport Lessor reserves
Clio right,on six(G)months'notice,to relocate or replace Lesseo's improvements in substantially similar form
at another location on said Airport.In said event,Lessee shall have the right to terminate this Lease.
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D. LESSOR'S OPTION TO PURCHASE
Lessor reserves the right to purchase the improvements constructed on the promises by the Lee8ee 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 exorcise its right to buy the
improvements,the price to be paid the Lessee shall be determined by the actual cost of construction of said
improvements,depreciated at the rate of three per cent(3%)per annum from the time the improvements were
constructed until the time the Lessor desires to exercise said option to purchase.In the event the City desires
to exorcise 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 promises
during this period.If Lessor gives notice as aforesaid,of its intent to exercise this option to purchase,Lessen
may elect to retain and remove said improvements from the demised premises at its own cost and at no coat
to the Lessor and Lessee shall also at its cost restore the demised premises to their condition prior to the i y
placing of the improvements thereon. Lessor recognizes that any sale may be subject to approval by the state
leg;slature.
E. SERVICES
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 mail,addressed to:
LESSOR City of Jefferson
Department of Public Works
Airport Division ,
320 East McCarty Street
Jefferson City,MO 65101
LESSEE Division of Facilities Management
Facility Leasing Section
3225 West Truman Boulevard
Jefferson City,MO 65100
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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IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed as of the date
first above mentioned at Jefferson City,Missouri.
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CITY OF JEFFERSON,MISSOURI STATE OF MISSOURI f
OFFICE OF ADMINISTRATION
DIVISION OF FACILITIES MANAGEMENT
Mayor Arvid E.West,Jr.,Director
Division of Facilities Management
ATTEST: ¢
City Clerk
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