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q- BILL NO. 91-164
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SPONSORED BY COUNCILMAN WOODMAN _
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ORDINANCE NO. 11717
r?' AN ORDINANCE OF THE CITY OF JEFFERSON,MISSOURI,AUTHORIZIN
THE MAYOR AND CITY CLERK TO EXECUTE A LEASE FOR CERTAIN
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PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT WITH THE
MISSOURI DEPARTMENT,OF CONSERVATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, f
MISSOURI, AS FOLLOWS:
.: Section 1. The Mayor and Clerk are hereby authorized to execute a lease
ry agreement for certain property at the Jefferson City Memorial Airport with the 7' ►S .
;z:r Missouri Department of Cod nervation. 1 '
Section 2. The lease shall be substantially the same in form and content as
Exhibit A attached hereto. }j
, = Section 3. This Ordinance shall be in full force and effect from and after the
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YJ' date of its passage an approval.
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,• Passed Approved
'. residing er or
ATTEST:
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City Clerk
APPROVAL AS TO FORM:
City Counselor
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11 '717
Louise Gardner
MAYOR
320 E.McCarty St. f 314-634-6300
Jefferson City, Missouri 65101
June 7, 1994
Mr. Everett E. Clark
Operations Division Chief
MO Department of Conservation
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P. O. Box 180
Jefferson City, Missouri 65102-0180
RE: Renewal of ground lease
Dear Mr. Clark:
The City Council, at the May 16, 1994 City Council meeting, approved your ground
lease with the City of Jefferson for property at the Jefferson City Memorial Airport for a
period of one year beginning on July 1, 1994.
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The rental rates will remain at $0.20 per sq. ft. for the 3,539 sq. ft. of improved
area and $0.10 per sq. ft. for the 3,016 sq. ft. of unimproved area, as specified in the
original lease.
The Finance Department has already billed you and credited July, August, and
September 1993 due to the 1993 flood.
If you have any questions, please call my office at 634-6440.
Sincerely,
Yid6�Br�ose, OPE�.
Director of Public Works
MAB:lg
cc: C. H. Wilson
John Drainer
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` MISSOURI DEPARTMENT OF CONSERVATION
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MAILING ADDRESS STREET LOCATION
!Lt 4s' P.O.Box 180 2901 West Truman Boulevard
.` Jefferson City,Missouri 65102-0180 Jefferson City,Missouri `°
4 Telephone:314/751-4115 '
'¢ Missouri Relay Center 1-800-735-2966 (TDD) '
JERRY J. PRESLEY, Director
April 28, 1994 i I
�Y MAY 21994
1.. Martin A. Brose, P.E.
DireCtOr
F City of Jefferson a
320 E. McCarty arty street
Jefferson City, MO 65101 ' "d
k�.l Dear Mr. Brose:
A
The Missouri Department of Conservation requests to renew the
�1 ground lease with the City
of Jefferson for property at the Jefferson City Memorial Airport for a period of one year 'I
beginning July 1, 1994. This lease provides for a tract of real estate comprising
r: approximately 6555 sq. ft. which the Department of Conservation utilizes for storing,
maintaining and repairing aircraft.
r
Mr. John Drainer �-�
a advised us the rental rates will remain at $0.20 per sq. ft. for the 3539 sq.
.; ft. of improved area and $0.10 per sq. ft. for the 3016 sq. ft. of unimproved area, as
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specified in the original lease. ;
Please forward an invoice covering the above to my attention. On receipt of this document,
we will place it in process so payment can be made by August 1, as called for in the lease.
E
If you need anything additional for renewal of our lease, please let me know.
Since�y, ;
EVERETT E. CLARK
Operations Division Chief
EEC:CHW:ap
. 4
c: Mr. John Drainer
Mr. C. H. Wilson
COMMISSION
JERRY P. COMBS ANDY DALTON ANITA B. GORMAN
JOHN POWELL
Kennett
Springfield Kansas City Rolla
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WHEREAS,the C 4�
ity of Jefferson, Missouri, a municipal corporation, hereinafter referred ,w,-:.w.:,.'; ~`: 4
to as "Lessor", entered into a Lease Agreement with the State of Missouri Conservation # r 'M+
Commission, hereinafter referred to as "Lessee," dated July 1, 1991; and
WHEREAS, under said Agreement, the Lessee leases a an airplane hangar upon the
premises of the Jefferson City Memorial Airport, located in Jefferson City, Missouri, and owned
,.j,j and operated by the Lessor; and {
WI-IEREAS, the Lessor wishes to forgive the fees owed by the Lessee for the months of
' July, August and September 1993 due to the "Great Flood of'93,"
jj NOW, THEREFORE, be it agreed as follows: ,;. �x
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1. The parties mutually agree that due to the "Great Flood of'93," the Lessor will forgive
rye. •.�; rF�
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Lessee the monthly lease rental owed to Lessor set out under Article V of the Lease Agreement
�? dated January 15, 1993, for the months of July,August and September of 1993 as follows:
July 1993 - $ 84.12 .
August 1993 --$ 84.12
September 1993 -- 84.12
1 Total -- $252.36
2. All other sections of the Lease Agreement dated July 1, 1991, sha11 remain in effect as '
stated. ,;}
Y:y
TESTIMONY WH REOF, the parties have hereunto set their hands and seals this
day of , 1994.
STAT OF MISSOURI CITY OF JEFFERSON, MISSOURI
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AF Dir ct r, Consery ion ommission Mayor
BY GENCRAL
coury : ATTEST: A ST: .rt
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My Cler
RECOMMEND APPROVAL Recommended by Transportation Commission
Administrative SecretdrW
APPRqYED AST FORM:
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Counselor
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MEMORANDUM
TO: Debbie Cheshire, City Clerk
FROM: Marty Brose, Directgransportation
DATE: September 30, 19921
RE: Conservation Commission Lease
The Conservation Commission has not entered into the new lease
authorized by the council because bids .on their proposed hangar
development were much higher than their budget. They are revising
their plans and should be rebidding the project for construction
next year. We have authorized extending the current ground lease
for the existing hangar. We will probably need to have the
proposed new ground leases (including heliport) approved by
Ordinance again. If you have questions, please call me at 468 .
xa
SBVIVVII.ON
.. .........
4
MISSOURI DEPARTMENT OF CONSERVATION
MAILING ADDRESS STREET LOCATION
P.O.Box 180 2901 West Truman Boulevard
Jefferson City,Missouri 65102-0180 Jefferson City,Missouri
Telephone:314/751-4115 1 .,
Missouri Relay Center 1-800-735-2966 (TDD)
JERRY J. PRESLEY, Director
August 1, 1994 6j
FILE COPY
Mr. John R. Drainer
Airport Manager
City of Jefferson City
320 E. McCarty Street
Jefferson City, Missouri 65101
Dear John:
Attached is the executed lease for the site of the new hangar we plan to construct at the
Jefferson City Memorial Airport. The lease is effective today, August-1, 1994.
If you have questions, please let me know.
Sincerely,
Everett E. Clark
OPERATIONS DIVISION CHIEF
EEC:clb
Att.
c: Mr. Don Henson
Mr. C.H. Wilson
COMMISSION
JERRY P. COMBS ANDY DALTON ANITA B. GORMAN JOHN POWELL
Kennett Springfield Kansas City Rolla
LEASE AGREEMENT
BETWEEN
CITY OF JEFFERSON
AND
STATE OF MISSOURI
CONSERVATION COMMISSION
•
INDEX TO LEASE AGREEMENT
ARTICLE I 1
PREMISES AND PRIVILEGES 1
DESCRIPTION OF PREMISES DEMISED 1
USE OF PREMISES DEMISED 2
OBSERVANCE OF STATUTES, ETC. 2
ARTICLE II 2
INGRESS AND EGRESS 2
ARTICLE III 3
OBLIGATIONS OF LESSEE 3
NET LEASE 3
MAINTENANCE AND REPAIR 3
ALTERATIONS AND REPAIRS TO PREMISES 3
UTILITIES 4
TRASH, GARBAGE ETC. 4
SIGNS 4
FIELD USE CHARGES 4
NONDISCRIMINATION 5
ARTICLE IV 5
TERM OF LEASEHOLD 5
ARTICLE V 6
RENTALS AND FEES 6
GENERAL 6
FACILITIES RENTAL 6
TIME AND PLACE OF PAYMENT 6
NATIONAL EMERGENCY 6
ARTICLE VI 7
INSURANCE BY LESSEE 7
LIABILITY INSURANCE 7
RESTORATION OF CASUALTY LOSSES 7
ARTICLE VII 7
TERMINATION OF LEASE, ASSIGNMENT, TRANSFER AND
CANCELLATION 7
TERMINATION 7
CANCELLATION BY LESSEE S
CANCELLATION BY LESSOR 8
i
•
WAIVER OF STATUTORY NOTICE TO QUIT 9
ASSIGNMENT AND SUBLETTING 9
ARTICLE VIII 10
RIGHTS UPON TERMINATION 10
FIXED IMPROVEMENTS 10
PERSONAL PROPERTY 10
ARTICLE IX 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 14
NONAPPROPRIATION 14
ii
•
LEASE AGREEMENT
THIS AGREEMENT made and entered into this day of , 1992,
by and between the City of Jefferson City, Missouri, a municipal corporation,
hereinafter designated as "Lessor" and the State of Missouri, Conservation
Commission hereinafter designated as "Lessee."
WITNESSETH
WHEREAS, the Lessor now owns and operates the Jefferson City Memorial
Airport, located in Jefferson City, Missouri; and
WHEREAS, the Lessee wishes to construct 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, 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 northwest corner of U.S. PRIVATE SURVEY NO. 2638; THENCE
SO4°49'55" W, along the westerly line of said U.S. PRIVATE SURVEY NO.
2638, 2077.86 feet; thence S86°25'40" E, 179.94 feet; thence NO3°34'20" E,
80.00 feet to the POINT OF BEGINNING for this description; thence
586°25'40" E, 58.66 feet; thence NO3°34'20" E, 68.67 feet; thence S86°25'40"
E, 20.67 feet; thence NO3°34'20" E, 7.33 feet; thence N86°25'40" W, 22.67 feet;
thence NO3°34'20", 60.17 feet; thence N86°25'40" W, 138.66 feet; thence
1
S03°34'20" W, 30.67 feet; thence N86°25'40"W, 65.00 feet; thence S03°34'20"
W, 105.50 feet; thence S86°25'40" E, 147.00 feet to the POINT OF
BEGINNING. Containing 0.60 of an acre.
comprising approximately 26,049 square feet total, as delineated by red and green
areas, and designated upon a plat of said premises as hereto attached and marked
Exhibit "A". The parties hereto agree that the green shaded area consists of
approximately 9,322 square feet and the remaining red area consists of approximately
16,727 square feet.
B. USE OF PREMISES DEMISED
Lessor hereby grants Lessee the right to use said demised premises for the
construction and operation of a building for storing, maintaining, and repairing
aircraft owned or controlled by said Lessee and purposes reasonably incidental
thereto. Building plans shall be approved by Lessor before construction is started.
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 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 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,
2
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.
The demised premises shall be served by an all-weather hard surface roadway
with the travel lane at least twenty (20) feet wide, to be provided and maintained by
the Lessor. The Lessor reserves the right to relocate said entrance roadway subject
to the following conditions:
A. The Lessor notifies the Lessee thirty (30) days prior to relocation.
B. The Lessor will extend the relocated roadway so that it connects with
the entrance into the Lessee's parking lot.
C. If it is necessary to relocate the entrance into the Lessee's parking lot,
all cost required for relocation shall be paid by the Lessor, and any
construction required for the relocation shall be of equal quality as that
being replaced.
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.
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 Transportation, such approval not to be unreasonably withheld
3
• 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
1. 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.
2. The Lessor shall extend a storm drainage line to serve the Lessee as
shown on the approved construction drawings.
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 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 signage from the City's Department of Planning and Code Enforcement.
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.
4
• H. NONDISCRIMINiATION
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 LEASEHOLD
The term of this lease shall be for one (1) year subject to earlier termination
for cause as�q provided herein. The term of the agreement shall commence on the first
/;
_ day of .OJT.S 7L , 192 The Lessor hereby grants to the Lessee the option to
renew this lease for twenty-nine (29) successive one (1) year periods on the same
terms and conditio s, except that rental rates and charges at the end,of each five (5)
,year period, /�„ rs 7 , 1921,� ,2A�o, 20c47,4 gas? 1 , 20/ and
is f , 20[ghs all be negotiated. The Lessee sh be deemed tb have exercised its
onion to renew this lease for the succeeding one year 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.
5
•
• ARTICLE V
RENTALS AND FEES
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 Three
Thousand Five Hundred Thirty-seven Dollars and Ten Cents ($3,537.10) 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 S0.20 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 1st day of - "each year for the
annual rental due hereunder. MI payments are to be made to the City of Jefferson,
Department of Transportation, 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 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.
6
•
ARTICLE VI
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. Lessee agrees that it will at all times cause its pilots of its airplanes using
the demised premises to maintain public liability insurance in the amounts of not less
than $100,000/$1,000,000 with reputable insurance companies, which insurance shall
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. Copies of said insurance policies or certificates of said insurance shall be
furnished to the Lessor.
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
CAiNCELLATION
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
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
8
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 fails to obtain any insurance required by this contact, 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.
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 hereby agrees that it will 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
Transportation; 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.
9
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.
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 fails to remove said improvements, they may thereafter be
removed by Lessor at Lessee's expense.
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 fails
to remove said personal property, said property may thereafter be removed by Lessor
at Lessee's expense.
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
10
• publicly-owned facilities of the airport, together with the 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
11
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. hi 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 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 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.
12
•
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 Transportation
Airport Division
320 East McCarty Street
Jefferson City, MO 65101
LESSEE Director
Missouri Department of Conservation
2901 West Truman Boulevard
Jefferson City, MO 65102
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.
13
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.
J. NONAPPROPRIATION
Lessee is obligated only to pay such Rental Payments under this Agreement
as may lawfully be made from funds budgeted and appropriated for that purpose
during Lessee's then current budget year. Should Lessee fail to budget, appropriate
or otherwise make available funds to pay Rental Payments following the then current
Original Term or Renewal Term, this Agreement shall be deemed terminated at the
end of the then current Original Term or Renewal Term. Lessee agrees to deliver
notice to Lessor of such termination at least 90 days prior to the end of the then
current Original Term or Renewal Term, but failure to give such notice shall not
extend the term beyond such Original Term or Renewal Term. If this Agreement is
terminated in accordance with this Section, Lessee agrees to peaceably deliver the
Leasehold to Lessor.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be executed as of the date first above mentioned at Jefferson City, Missouri.
STATE OF MISSOURI CITY OF JEFFERSON, MISSOURI
4 Lector, Col ser ation Comm. sion Mayo
ATTEST: ATTEST:
el/ APPROVED
BY GE047;i:
COU`t
•
Title: City Clerk
Recommended by Transportation APPROVED AS TO FORM:
Commission
���� n1 ���
Administrat4 - Secretary Cit} ° ,unselor
14
Ai. 11711
CITY OF JEFFERSON
LEASE AMENDMENT
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, hereinafter designated "City,"
entered into a thirty (30) year Lease with State of Missouri Conservation Commission, hereinafter referred
to as "Tenant", effective on August 1, 1994, and renewed every year since.
WHEREAS, the Lease was for rental of the premises situated at the Jefferson City Municipal Airport;
and
WHEREAS, based on the total premises of 26,049 square feet, the parties have agreed to amend the lease
to reflect the following rates:
August 1, 2014, through August 1, 2019: 0.2364 per square foot for an annual total of$6,157.98
($30,789.90 over the five (5) year period).
August 1, 2019 through August 1, 2024: 0.2740 per square foot for an annual total of $7,137.43
($35,687.15 over the five (5) year period).
NOW, THEREFORE, be it agreed by the parties that the Lease is hereby amended to reflect the
above-stated terms.
It TE IMONY WHEREOF, the parties have hereunto set their hands and seals this 27 day of
, 2014.
CITY OF JEFFERSON, MISSOURI MISSOURI CONSERVATION COMM.
/ AD. //
r
Mayor - Title:` ils;ot Ck.e-(
ATTEST:_ - • ATTEST:
City Clerk ! = Title:
APPROVED.AS'TO'fORM: APPROVED AS TO FORM:
Ci Counselor Geural C nselte.
•
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