HomeMy Public PortalAboutORD10506 BILL NO.
�5 ..
SPONSORED BY COUNCILMAN
ORDINANCE NO. Q SQ
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING AND
DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE A LEASE ON
CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT LEASED TU
J. DAWSON MANAGEMENT, INCORPORATED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI AS FOLLOWS:
Section 1 . The Mayor and Clerk are hereby authorized and
directed to execute a lease agreement with J. Dawson Management,
Inc.
Section 2. The lease shall be substantially the same in
form and content as that lease 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 7 ~ g S Approved /p
Aft
r `
Pr s iding Of f is Mayor �!
ATTEST:
City Clerk
.j
1
' 'aM,ENIC B STMT'N C11Y OF JEFF . SON
NENL IDJ
WHEREAS,the City of Jefferson, Missouri, a municipal corporation, hereinafter referred
to as "Lessor", entered into a Lease Agreement with J. Dawson Management, Inc., hereinafter
referred to as "Lessee," dated October 7, 1985, and letter granting extension of lease period dated
September 4, 1990, issued by the Lessor to the Lessee; and
WHEREAS,under said Agreement,the Lessee leases an airplane hangar upon the premises
of the Jefferson City Memorial Airport,located in Jefferson City,Missouri,and owned 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.
NOW, THEREFORE, be it agreed as follows:
1. The parties mutually agree that due to the "Great Flood of'93," the Lessor will forgive
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 follow:
July 1993 --$ 366.13
August 1993 -- $ 366.13
September 1993 - 366.13
Total -- $1,098.39
2. All other sections of the Lease Agreement dated October 7, 1985, and letter extending
lease period dated September 4, 1990„ shall remain in effect as stated.
-IN TESTIMONY W EREOF, the parties have hereunto set their hands and seals this
450vday of ' 1994,
J. DAWSON MANAGEMENT, INC. CITY OF JEFFERSON, MISSOURI
_
Mayor
.AT TEST: ATTEST:
Secretary ` City CIA
Recommended by Transportation Commission APPRO AL A FORM:
Administrative Secr Cify Coun a or
FIXED BASE OPERATOR (HANGAR RENTAL)
LEASE AGREEMENT
BETWEEN
CITY OF JEFFERSON
AND
J. DAWSON MANAGEMENT, INCORPORATED
Prepared
September 11, 1985
4
INDEX TO LEASE AGREEMENT
__.. Page
ARTICLE I PREMISES AND PRIVILEGES
A. Description of Premises Demised 1
B. Use of Demised Property 2
C. Observance of Statutes , Etc. 2
ARTICLE II INGRESS AND EGRESS 2
ARTICLE III OBLIGATIONS OF LESSEE
A. Net Lease 2
B. Maintenance and Repair 3
C. Alterations and Repairs to Premises 3
D. Utilities 3
E. Trash, Garbage Etc. 3
F. Signs 4
G. Field Use Charges 4
H. Nondiscrimination 4
I. Affirmative Action 5
J. No Discriminatory Charges 5
K. FAA and Airport Instruments 5
ARTICLE IV TERM OF LEASEHOLD 5
ARTICLE V RENTALS AND FEES
A. General 6
B. Facilities Rental 6
C. Utility SErvices and Taxes of Other
Governmental Agencies and Permit Fees 6
D. Time and Place of Payment 6
E. National Emergency 7
ARTICLE VI INSURANCE BY LESSEE
A. Liability Insurance 7
B. Workers ' Compensation 7
C. Restoration of Casualty Losses 8
ARTICLE VII TERMINATION OF LEASE, ASSIGNMENT
AND TRANSFER AND CANCELLATION
A. Termination 8
B. Cancellation by Lessee 8
C. Cancellation by Lessor 9
D. Waiver of Statutory Notice to Quit 9
E. Assignment and Subletting 10
Page 1 of 2
• ARTICLE VIII RIGHTS UPON TERMINATION
A. Fixed Improvements 10
B. Personal Property 11
ARTICLE IX OBLIGATIONS OF LESSOR
A. Snow Removal 11
B. Security 11
ARTICLE X GENERAL PROVISIONS
A. Lessor's Reserved Rights 11
B. Non-Interference with Operations
of Airport 12
C. Relocation of Improvements 12
D. Lessor's Option to Purchase 13
E. Services 13
F. Paragraph Headings 13
G. Notices, Consents and Approvals . 13
H. Successors and Assigns 14
I. Amendments to Lease 14
ARTICLE XI NON-EXCLUSIVE RIGHTS 14
Page 2 of 2
LEASE AGREEMENT
THIS AGREEMENT made and entered into this 7th day
Of October r 1985 , by and between the City of
Jefferson City, Missouri, a municipal corporation hereinafter
designated as "Lessor" and J. Dawson Management, Inc. ,
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 has constructed an airplane hangar upon
the described premises set out below, and
WHEREAS, the Lessee wishes to sublease 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
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, 1, 783.70
feet; thence deflecting 91° 16 ' to the left, 540 .75 feet to
the point of beginning of this description; thence
deflecting 90° 001 to the left, 146 feet; thence deflecting
900 00 ' to the left, 60 feet; thence deflect.i_ng .900 00' to
the left, 146 feet; thence deflecting 900 00 ' to the left,
Am 60 feet to the point of beginning.
comprising approximately 11, 255 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
1
hereto agree that the green shaded area consists of approximately
8, 784 square feet and the remaining open red area consists of
approximately 2 ,471 square feet .
B. USE OF DEMISED PROPERTY
Lessor hereby grants Lessee the right to sublease said
demised premises for the purpose of storing, maintaining and
repairing aircraft owned or controlled by an approved sublessee,
and purposes reasonably incidental thereto.
Lessee shall not use or permit the use of any part of the
leased premises in any other manner than set forth above, without
the prior written consent of Lessor. DISPENSING and SALE of
aviation fuels and lubricants is prohibited. Fixed based
operations provided by a sublessee must be approved by the Lessor
and appropriate fees paid.
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 Memorial Airport 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 and the approved sublessee
shall have the right of ingress to and egress from said demised
premises for the Lessee, its officers, employees, agents,
servants, vendors , suppliers , 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 or
sublessee shall not interfere with the rights and privileges of
other persons or firms using said facilities for their intended
purposes .
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
2
responsibility of Lessee to keep, maintain, repair and operate
qu the entirety of the demised premises and all improvements and
facilities thereon at Lessee's sole cost and expense.
B. MAINTENANCE AND REPAIR
The standards of up-keep and maintenance required of the
Lessee under this lease shall be not less than the standards
followed by the Lessor for similar buildings and premises under
the Lessor's control. Any deviation from said minimum standards
shall be brought to the attention of the Lessee by the Lessor, in
writing, and shall be corrected within ninety (90 ) days
thereafter. If the failure to maintain properly the proper
standards results in a hazard to the public, airport personnel,
or the aircraft or airport property then the Lessor shall have
the right to order the premises closed until the hazard is
remedied.
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
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 City 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
o£ the Lessee's other remedies at law.
D. UTILITIES
Lessee shall assume and pay for all costs or charges for
utility services furnished to Lessee during the term hereof;
provided, however, that Lessee shall have the right to connect to
any and all storm and sanitary sewers and water and utility
outlets at its own cost and expense; and Lessee shall pay for any
and all service charges incurred therefor.
E. TRASH, GARBAGE ETC.
Lessee shall provide a complete and proper arrangement for
the adequate sanitary handling and disposal„ away from the
Airport, of all trash, garbage and other refuse caused by a
result of the operation. Lessee shall provide and use suitable
covered metal receptacles for all such garbage, trash and other
refuse.
Piling of boxes, cartons, barrels or other similar items , in
an unsightly or unsafe manner, on or about the demised premises,
shall not be permitted.
3
,
F. SIGNS
Lessee shall not erect, maintain, or display upon the
outside of any improvements on the demised premises any
billboards or advertising signs; provided, however, that Lessee
may maintain on the outside of said buildings its name(s ) , the
size, location, and design of which shall be subject to Lessor's
prior written approval.
G. FIELD USE CHARGES
Nothing herein shall be deemed to relieve Lessee and its
sublessees, patrons , invitees, and others from field use charges,
as are levied generally by Lessor directly upon the operation of
aircraft.
H. NONDISCRIMINATION
The Lessee for himself, his heirs , personal
representatives, successors in interest, and assigns, as a part
of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that in the event facilities are
constructed, maintained, or otherwise operated on the said
property described in this lease for a purpose for which a
Department of 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 iii 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.
4
I. AFFIRMATIVE ACTION PROGRAM
qr The 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 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 receiving the services or benefits of
any program or activitiy 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 required by 14 CFR
Part 152, Subpart E, to the same effect.
J. NO DISCRIMINATORY CHARGES
Lessee agrees to furnish service on a fair, equal and not
unjustly discriminatory basis to all users thereof, and 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 .
K. F.A.A. AND AIRPORT INSTRUMENTS
The Federal Aviation Administration and the .Lessor are
hereby granted the right and privilege by Lessee to place on and
around the above described premises, without cost to the Lessee,
whatever instruments and equipment they desire during the term of
this lease, so long as said instruments or equipment do not
interfere with the intended use of the premises by the Lessee.
ARTICLE IV
TERM OF LEASEHOLD
The term of this lease shall be for five ( 5) years subject
to earlier termination for cause as provided herein. The term of
the agreement shall. commence on 1st day of r tc nhA r ,
19 85 . Lessee shall ,have an option to renew said lease for one
( 1) additional term of five (5 ) years on the same terms and
conditions, except that rental rates and charges at the end of
the original term shall be renegotiated. The option to renew said
lease shall be exercised by the Lessee by giving written notice
to the Lessor of such intention to renew said lease at least
ninety (90) days prior to the expiration of the initial five ( 5)
year period.
5
ARTICLE V
RENTALS AND FEES
A. GENERAL
For the ground area and buildings (s ) herein demised, Lessee
shall pay to Lessor a fixed annual rental as hereinafter set
forth.
B. FACILITIES RENTAL
In consideration of the leasing aforesaid, Lessee hereby
covenants and agrees to pay to Lessor as rent for said demised
premises the sum Of one Thni1Gand._SMMn Hundred SevpI3 .aht and 881100
( $1 77$.$8 ) annually at the present rate of $0.18 per square
foot per year for the area shaded green on the attached Exhibit
"A, " and $0.08 per square foot per year for area shaded red
which said sum shall be paid in equal monthly installments in the
amounts of (_ln_ a Ehindrad Fc)rty—'gbt and 24/100 Dollar
($ 148.24 ) , the first monthly Installment to be paid upon
execution of this lease and all subsequent monthly installments
shall be due and payable on the 1st day of each and every month
hereafter. In the event Lessee 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 $0.08 to $0.18 pro rated from the time such
structure is put in use.
In addition to the rentals set out above, Lessee shall pay
to Lessor five (5 ) ) per cent of rental received from the
sublessee.
C. UTILITY SERVICES AND TAXES OF OTHER GOVERNMENTAL
AGENCIES AND PERMIT FEES
1. Lessee agrees to pay for all utility services, and to
pay all taxes and assessments which may be levied by
any governmental agency with respect to the demised
premises.
2. Lessee further agrees to pay any applicable license or
permit fees to enable it to operate on the Jefferson
City Memorial Airport and in the city, this includes
any business licenses.
D. TIME AND PLACE OF PAYMENT
Rentals for all Facilities and Permits shall be paid on or
before the first day of each month. All payments are to be made
to the City of Jefferson, Department of Transportation, Airport
Division, 320 East McCarty Street, Jefferson City, Missouri
65101, or such other place the Lessor may direct Lessee, in
writing.
6
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 possession. If the the Lessee shall
be reimbursed by the United States Government for its assumption
of possession, then the rental provisions of this lease shall
remain in effect, but provided further. , however, that if said
reimbursement is less than the amount of rental herein provided,
the Lessee shall be required to pay to the City only such amount
of reimbursement as it shall receive from the United States
Government.
ARTICLE VI
INSURANCE BY LESSEE
A. LIABILITY INSURANCE
Lessee or approved sublessee agrees that it will at all
times maintain public liability insurance with reputable
insurance companies, the following:
FAM
Hangar Keepers Liability $3,000,000 each accident
Comprehensive Public Liability Insurance
Bodily Injury $250 ,000 each person
$800, 000 each accident
Property Damage $1,000 ,000 each accident
This insurance shall assure the obligation of the Lessee to save
the Lessor harmless from any and all claims for damages arising
on the demised premises or resulting as a direct or indirect
consequence of the occupation and use of said demised premises by
the Lessee or approved sublessee. Current copies of said
insurance policies or certificates of insurance shall be
furnished to the Lessor and shall be promptly replaced upon
expiration. Lessor shall be named as an additional insured on
the policy.
B. WORKERS ' COMPENSATION
Said Lessee further covenants and agrees that the Lessee
will save harmless said Lessor and -the above demised premises at
all times during the continuation of this Lease from all damages,
claims, fines, penalities, costs and expenses whatsoever which
may result to said Lessor or to said demised premises or to any
improvements at any time situated thereon under the provisions of
the Workers ' Compensation Law and other statutory provisions of a
similar nature.
7
S
C. RESTORATION OF CASUALTY LOSSES
Lessee agrees that in case of destruction in whole or in
part of said improvements either by fire or otherwise, that it
will within ninety (90) days thereafter either (a) repair said
damage, or (b) 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 cancelled. 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 Lessor the rents provided in this lease
or any renewal thereof.
ARTICLE VII
TERMINATION OF LEASE, ASSIGNMENT AND TRANSFER AND CANCELLATION
A. TERMINATION
This Lease shall terminate at the end of the full term
hereof or the option term, if exercised, and Lessee shall have no
further right or interest in any of the ground improvements
hereby demised, except as provided in Article VIII.
B. CANCELLATION BY LESSEE
This Lease shall be subject to cancellation by Lessee after
the happening of one or more of the following events :
1. In the event City should cease to operate or maintain
an airport adjacent to the demised premises .
2 . The lawful assumption by the United States Government,
or any authorized agency thereof, of the operation,
control or use of the Airport, or any substantial part
or parts thereof, in such a manner as substantially to
restrict Lessee for a period of at least ninety (90)
days from operating thereon.
3. Issuance by any court of 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 lapse 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.
8
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 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 terminatin 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 contract, or if any insurance policy required by
this contract expires or is cancelled, 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
9
WA
it will forthwith surrender up possession of the demised premises
to the Lessor as set forth in Article VIII .
E. ASSIGNMENT AND SUBLET'T'ING
1. 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.
2. In the event written approval for a sublease is given,
by the City through the Director of the Department of
Transportation, sublessee shall pay the appropriate
aircraft storage fee required for fixed based
operations .
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.
10
MMW
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
OBLIGATIONS OF LESSOR
A. SNOW REMOVAL
The Lessor will make every effort to clear snow and ice from
parking - and apron areas . Removal will be done on a priority
basis with runways and taxiways having priority.
B. SECURITY
The Lessor will encourage police to patrol the Airport
terminal and apron areas.
ARTICLE X
GENERAL PROVISIONS
A. LESSOR'S RESERVED RIGHTS
1. Lessor reserves the right (but shall not be obligated
to Lessee) to maintain and keep in repair the landing
area of the airport and all publicly-owned facilities
of the airport, together with the 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
11
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 .
An
8. Lessor, through its duly authorized agent, shall have
at any reasonable time during business hours the full
and unrestricted right to enter the leased premises for
the purpose of inspection.
B. NON-INTERFERENCE WITH OPERATION OF AIRPORT
Lessee by accepting this Lease expressly agrees for itself,
its successors and assigns that it will not make use of the
leased premises in any manner which might interfere with the
landing and taking off of aircraft from Jefferson City Memorial
Airport or otherwise constitute a hazard. In the event the
aforesaid covenant is' breached, Lessor reserves the right to
enter upon the premises hereby leased and cause the abatement of
such interference at the expense of the Lessee.
Lessor shall maintain and keep in repair the landing area of
the airport, and shall have the right to direct and control all
activities of the Lessee in this regard, except as otherwise
herein provided.
C. RELOCATION OF IMPROVEMENTS
In the event Lessor requires the demised premises for
expansion or development of the airport Lessor reserves the
right, on six ( 6 ) months ' notice, to relocate or replace Lessee 's
improvements in substantially similar form at another location on
said Airport. In said event, Lessee shall have the right to
terminate this Lease.
12
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.
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. . . .J. Dawson Management, Incorporated
405 West Elm
Jefferson City, MO 65101
13
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 of this lease must be made in writing by
mutual agreement of the parties, and no oral amendments shall be
in force or effect whatever.
ARTICLE XI
NON-EXCLUSIVE RIGHTS
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 1958.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the date first above mentioned at
Jefferson City, Missouri.
CITY OF JEFFERSON, MISSOURI
Recommended by a Municipal Corporation
Transportation Commission
(C By ,/j
Administrate Sec etary ayor " T—
ATTEST: J. DAWSON MANAGEMENT, INC.
By
City C1 rk Presi nt
APPROVAL AS TO FORM:
y ounselor
14