HomeMy Public PortalAboutORD11845 BILL NO. 92.122
SPONSORED BY COUNCILMAN WOODMAN
ORDINANCE NO. 1
T S AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY Y T EMAIN FOR LEASE AGRE
PROPERTY AT THE
ITH
THE
RICHARD P. AND RUB A.
JEFFERSON CITY MEMORIAL AIRPORT.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized to execute a lease
agreement with Richard P. and Ruby A. Tremain for the operation of a
restaurant(cafe at the Jefferson City Memorial Airport.
Section 2. The lease agreement will be substantially the same in form and
content as that agreement attached hereto as Exhibit A.
Section 3. This ordinance shall take effect and be in force from and after its
_ passage and approval.
Approved: S 9�
Passed:
Pr esi 'ng Ofd Ma or
ATTEST:
City Clerk
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PHONE 635.8322
airport caf(' ---
MEMORIAL AIRPORT
JEFFERSON CITY, MO. 65101
September 3, 1993 1993 �.
1 Cb Of
ed
rsoat
Mr. Martin A. Brose
. Director of Transportation r
City of Jefferson
320 E. McCarty St. 7:rZ
ry Jefferson City, MO 65101
Dear
Mr. Brose:
Please accept this letter as my notice that I desire to terminate my
lease for the Airport Cafe, Jefferson City Airport Terminal Building,
Jefferson City, MO, effective as soon as possible, but not later than
September 30, 1993.
I believe that the premises have been destroyed, and under the pro-
visions of paragraph 5 (a) or 5 (b) , it is impractical to continue -my
operation of the restaurant.
4 ' I appreciate the many years of cooperation I have had with the city
and its various officers and employees. fly late wife, Ruby, and I
- have had a most enjoyable and profitable operation over the years,
but it now seems to be an appropriate time to end my tenure as the
,r operator of a restaurant at the Jefferson City airport.
Please forward this notice to the mayor and city council, and to
1 . any other appropriate officials. Again, it has been a rewarding
r ' association ally rewarding time as
and I look forward to an equ
1
a friend to all concerned.
Yours very truly,
Richard P. Tremain
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3
LEASE AGREEMENT
This Lease made and entered into on the day of `k�
T s
- 1993,by and between the City of Jefferson, Missouri, Lessor,
and Richa crP. and Ruby A. Tremain, Jefferson City, Missouri, Lessee. P :
:t see
WITNESSETH: J4 _
The Lessor hereby leases unto the Lessee and the Lessee ljereby takes '
from the Lessor as Lessee, the premises situated in the Jefferson City Municipal r `
Airport Terminal Building, commonly known as the Airport Cafe, with certain
furnishings and fixtures therein for a term of one (1) year commencing on the 1st
day of November ,19 2t and terminating on the 31st day of October, 1993, with an {
t. option to renew said lease for four (4) additional terms of one (1) year on the same +
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terms and conditions that rental rates and charges at the end of each optional
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term shall be as specified in paragraph 2. The option to renew said lease shall be =. �
exercised by the Lessee by giving written notice to the Lessor of such intention to
renew said lease at least ninety (90) days prior of the one (1) year
P to the expiration
period.
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2. As rental for said Airport Cafe property the Lessee shall pay to the
1993, :T
Lessor during the term November 1, 1992 through October 31, the sum of
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Eight Thousand Four Hundred Dollars ($8,400.00). Payment of the rent due under _ fy
this lease shall be paid in equal monthly installments and shall be due and payable
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' in advance on the first day of each and every month to the City of Jefferson,
Department of Transportation, Airport Division. If the lease is renewed as set out
in paragraph 1, the rent shall be Eight Thousand Five Hundred Twenty Dollars X
($8,520,00)for the term November 1, 1993 through October 31, 1994;Eight Thousand
Six Hundred Forty Dollars ($8,640.00) for the term November 1, 1994 through
October 31, 1995; Eight Thousand Seven Hundred Sixty Dollars 8 760.00) for the
term November 1 1995 1996•through October 31, and Eight Thousand Eight
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1 Hundred Eighty Dollars ($8,880.00) for the term November 1, 1996 through October
31, 1997, subject to any adjustments provided herein.
3. Lessor covenants and agrees:
(a) The Lessor agrees that it has furnished to the Lessee the carpet, sun
screens, fire extinguisher system and the Lessee is authorized to use this equipment
belonging to the Lessor and Lessee agrees to maintain and keep in good repair the
carpet and sunscreens at its own expense, ordinary wear and tear excepted.
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(b) Lessor agrees to furnish all heat, air-conditioning, light and fuel for
cooking in the "Airport Cafe" as the same exists at the time of execution of this lease.
Prior to replacing any equipment which would alter the demand for electric or gas
utilities, Lessee shall obtain the written approval of the Director of the Department
of Transportation. In the event that either a change of equipment or a change in
rates increases Lessor's cost, said cost may be added to the rental rates as a
' surcharge.
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That Lessor will put the Lessee in possession of the demised premises,
and that as long as the Lessee pays rent hereby specified and pays for the
maintenance and repair of the equipment furnished to the Lessee by the Lessor, and �
observes and performs the several covenants and provisions herein provided to be
.,y performed on the part of the Lessee, Lessee shall peaceably hold and enjoy the
demised premises, within the terms hereof without interruption from the Lessor,
(d) Lessor will maintain fire, liability and extended coverage upon said
ssor in said buildin .
building and equipment owned by Le g
4. The Lessee covenants and agrees:
(a) To furnish all dishes and cooking utensils and all furni ture and fixture
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necessary for the operation of the Airport Cafe, and further agrees to maintain and
rt4` pay all bills for the repair and maintenance of equipment furnished by the Lessor,
<, ordinary wear and tear excepted.
(b) To pay the rent at We time and in the manner herein specified to the
Lessor at the City Hall, 320 East McCarty Street, Jefferson City, Missouri, or such
other place as may be designated by the Lessor.
(c) To use the property for the operation of a restaurant and
for no other purposes.
(d) Not to assign this lease or sublet said premises, or any part thereof, ,
without first obtaining the written consent of the Lessor.
t (e) Not to make any alteration or remodeling of any kind on said premises
without first obtaining the written consent of the Lessor.
(f) 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. Lessee shall repair all damages to premises caused by its
employees, patrons, or its operation thereon. Lessee shall provide a complete and
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proper arrangement for the adequate sanitary handling and disposal, away from the
airport, of all trash, garbage and other refuse resulting from the operation of its
K r business. Lessee shall provide and use proper receptacles for all such garbage, trash
and other refuse.
(g) To permit the Lessor, or its authorized agents, to enter said premises at
any time for the purpose of inspecting or making repairs, and for all other purposes.
(h) To establish hours of operation and submit schedules to Lessor in
advance of any schedule change for approval. Lessor will not disapprove any
reasonable schedule that provides the basic service needed at the Airport.
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To provide food and other restaurant services at reasonable prices and
to pay wages comparable to those paid by other similar businesses in the area of
Jefferson City.
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(�) This lease may be cancelled by Lessor if the Lessee fails to make any
' rental payment at the time it is due, or for any violation of other covenants contained -:
, . in this lease. If Lessee fails to correct any default within five (5) days after Lessor '
has given written notice thereof,Lessor may take immediate possession of the leased
premises and remove Lessee's effects forcibly, if necessary, without being deemed
guilty of trespassing. If the default causes an immediate danger to Lessor, the public
or to adjoining facilities, Lessor may close the leased premises and/or correct the
dangerous condition at the expense of the Lessee. Failure of Lessor to declare this
lease terminated upon any default of Lessee shall not operate to bar, destroy or waive
r` the right of Lessor to cancel this lease by reason of any subsequent violation of the Y
X; terms hereof.
(k) At the termination of this lease, whether at the expiration of the term
k, or upon forfeiture, Lessee agrees to surrender peaceful possession of said premises
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and all equipment furnished by the Lessor, in good condition, usual wear and tear tsxm
?• excepted. 4 .
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(1) The Lessee for himself, his heirs, personal representatives, successors h '
in interest, and assigns, as a part of the consideration hereof, does hereby covenant
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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 h.
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t_} lease for a purpose for which a Department of Transportation program or activity is >x
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.
v (m) The Lessee for himself, his personal representatives, successors in
:r 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.
(n) The Lessee assures that it will undertake an affirmative action program
as Required by 14 CFR Part 153, Subpart E, to insure that no person shall on the
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grounds of race, creed, color, national origin, or sex be excluded from participating in
any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee
assures that no person shall be excluded on these grounds from participating in or
receivin g the services or benefits of any program or activity covered by this subpart.
The Lessee assures that it will require that its covered suborganizations provide
assurances to the Lessee that they similarly will undertake affirmative action
programs and that they will require assurances from their suborganizations, as
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required by 14 CFR Part 152, Subpart E, to the same effect.
(o) 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
A.
and/or other areas or facilities of the airport. If any such agreement is executed, the
provisions of the agreement with the Government, shall be suspended.
(p) 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.
(q) Lessee shall procure and maintain in effect for the term of this
agreement, with insurance carriers acceptable to Lessor public liability insurance
covering all of Lessee's activities on leased premises at the airport. The policy limits
of the Public Liability Insurance shall be not less than $100,000 for one person and
$1,000,000 for any one occurrence. The limits specified shall apply separately to
personal injury and to property damage. The City of Jefferson shall be listed as an
additional insured on the policies. Lessee shall provide for the City of Jefferson a
true copy of such insurance coverage, and the policies shall contain a provision that
said policies cannot be cancelled or* materially modified except upon ten (10) days
advanced written notice to Lessor. If the Lessee fails to maintain said insurance,
Lessor may immediately close the restaurant until such time as insurance is one
again available.
Al The Lessee will clean and maintain the said premises leased to him in
suitable condition for Lessee's business.
(s) At the termination of this lease, the Lessor retains- the option of first
refusal to purchase from the Lessee any restaurant equipment owned by Lessee and
located at the airport.
5. It is mutually agreed:
(a)That in the event that the premises leased hereunder is destroyed without
fault of the Lessee this lease shall terminate.
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W' (b) That if the building and premises are damaged without fault of the
Lessee so as to render the premises untenantable and the same cannot be restored
to a condition substantially as good as prior to the damages, within forty-five (45)
days, either party may terminate this lease by giving the other party written notice
thereof within ten (10)days after the damage. In the event of damage to the building
and premises, and the lease is not terminated, the Lessor will, as promptly as }
r. possible, restore same to condition substantially equal to its condition before the
damage, and rent due will be prorated for days lost.
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(c) That any notice provided for herein may be given to the parties by
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personal service or by registered mail addressed to the Lessor at City Hall, 320 East }
McCarty Street, Jefferson City, p
Missouri, or to the Lessee at the remises herein t�
leased'or mailed to 1607 St. Mary's Boulevard, Jefferson City, Missouri.
(d) That this Agreement shall be binding upon the parties their executors, i
administrators, heirs and assigns subject always to the restriction herein contained
i� as to the subletting or assignment of this lease.
7 LESSEES: LESSOR: .F
RICHARD P. & RUBY A. TREMAIN CITY OF JEFFERSON, MISSOURI `'. "
Richard P. Tremain Mayor
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ATTEST:
Ruby A. Tremain City Clerk
Recommended by Transportation APPROVED AS O FORM:
Commission: a
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dministrative Secreta& City Counselor
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