HomeMy Public PortalAboutORD10541 HILL NO.
SPONSORED BY COUNCILMAN
ORDINANCE NO. /Q :54L
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 TO
WILLIAM E. A.SEL, D/S/A INDUSTRIAL AVIATION COMPANY.
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 William E. Asel,
d/b/a Industrial Aviation Company.
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 /��( ` � Approved /(-j9-9S'
—Pre tiding Off •er Mayor
ATTEST:
City Clerk W
doft
FIXED BASE OPERATOR
LEASE AGREEMENT
BETWEEN
CITY OF JEFFERSON
AND
WILLIAM E. ASEL, D/B/A INDUSTRIAL AVIATION, INC.
Prepared
October 2, 1985
INDEX TO
FIXED BASE OPERATOR LEASE AGREEMENT
Page
ARTICLE I PREMISES AND PRIVILEGES
A. Description of Premises Demised 1
B. Further Description of Premises Demised 2
C. Use of Demised Premises 2
D. Observance of Statutes 3
ARTICLE II INGRESS AND EGRESS 3
ARTICLE III OBLIGATIONS OF LESSEE
A. Net Lease 3
B. Maintenance 4
C. Alterations and Repair to Premises 4
D. Utilities 4
E. Trash, Garbage, Etc. 4
F. Signs 5
G. Field Use Charges 5
H. Nondiscrimination 5
I. Affirmative Action Program 6
J. No Discriminatory Charges 6
K. F.A.A. and Airport Instruments 6
ARTICLE IV TERM OF LEASEHOLD 6
ARTICLE V RENTALS AND RATES
A. General 7
B. Facilities Rental 7
C. Underground Fuel Storage 7
D. Utility Services and Taxes of Other
Governmental Agencies and Permit Fees 7
E. Time and Place of Payment 8
F. National Emergency 8
ARTICLE VI INSURANCE BY LESSEE
A. Liability Insurance 8
B. Workers ' Compensation 9
C. Restoration of Casualty Losses 9
ARTICLE VII TERMINATION OF LEASE, ASSIGNMENT
AND TRANSFER, AND CANCELLATION
A. Termination 9
B. Cancellation by Tenant 9
C. Cancellation by City 10
D. Waiver of Statutory Notice to, Quit 11
October 2, 1985
Page 1 of 2
ARTICLE VII (Contt 'd)d)
E. Assignment and Subletting 11
ARTICLE VIII RIGHTS UPON TERMINATION
A. Ownership of Improvements - 11
B. Personal Property 12
ARTICLE IX OBLIGATIONS OF LESSOR
A. Snow Removal 12
H. Security 12
ARTICLE X GENERAL PROVISIONS
A. City's Reserved Rights 12
B. Non-Interference with Operation of Airport 13
C. Relocation of Improvements 14
D. City's Option to Purchase 14
E. Services 14
F. Paragraph Headings 14
G. Notices , Consents and Approvals 15
H. Successors and Assigns 15
I. Amendments to Lease 15
ARTICLE XI NON-EXCLUSIVE RIGHTS 15
October 2, 1985
Page 2 of 2
«I
Aft FIXED BASE OPERATOR LEASE AGREEMENT
THIS EMENT made and entered into this fib-
::ay of � 19 '6& , by and between the City of
Jefferson City, Missouri, a municipal corporation, hereinafter
designated as "Lessor" and the William E. Asel, d/b/a Industrial
Aviation, 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, fixed base operation services are essential to the
proper accommodation of general and commercial aviation at the
Airport; and
WHEREAS, Lessor desires to make such services available at
the airport and Lessee is qualified, ready, willing and able to
orovide such services .
NOW THEREFORE, for and in consideration of the premises and
the mutual covenants contained in this Agreement, the parties
hereby 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, 823.85
feet; thence deflection 60 022' to the left 409 feet; thence
deflecting 90°00 ' to the right 30.4 feet to the point of
AML beginning of this description; thence to deflecting 90 000 '
to the left 210. 5 feet; thence deflecting 90 000 ' to the
right 80.0 feet; thence deflecting 90°00 ' to the right 210. 5
feet; thence deflecting 90 000' to the ,right 80.0 feet to the
point of beginning of this description.
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comprising approximately 22, 600 square feet total, as delineated
by red and green, and designated upon a plat of said premises
hereto attached and marked Exhibit "A. " The parties agree that
the green shaded area consists of approximately 16 , 840 square
feet and the remaining open red area consists of approximately
5, 760 square feet.
B. FURTHER DESCRIPTION OF PREMISES DEMISED
The area as shown on the attached Exhibit "B, " shall be used
by the Lessee solely for the purpose of installation -and repair
of aviation fuel storage tanks, and for the dispensing of
aviation fuel. Prior to repair of the tanks , the Lessee shall
obtain permission from the Lessor. Lessee shall at its own cost
restore the storm sewer to its original condition after making
such repairs. No new or replacement tanks shall be installed in
this area, but may be installed in an area designated by the
Lessor upon mutual agreement .
C. USE OF DEMISED PREMISES
1. REQUIRED SERVICES
Lessee shall use said demised premises for the non -exclusive
privilege of engaging in the business of providing partial fixed
base operation services' at the Airport, during normal operating
days as follows:
a. Storage service, for both based and itinerant aircraft
upon or within facilities leased to Lessee or aircraft
parking areas designated by Lessor.
b. Repair and maintenace of based and transient aircraft
including overhaul, rebuilding, and modification of
aircraft and engines . Lessee will use only qualified
mechanics with proper FAA certification.
Lessee acknowledges that no right or privilege has been
granted which would operate to prevent any person, firm
or corporation operating aircraft on the Airport from
performing service on its own aircraft , with its own
regular employees , including maintenance and repair
services .
C. Sale of engine parts and instruments and accessories .
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2. AUTHORIZED SERVICES
In addition to the services required to be provided by
Lessee pursuant to Paragraph 1, above, Lessee is authorized, but
not required, to provide the following services and to engage in
the following activities :
a. Special flight services , including aerial sight-seeing,
aerial advertising and aerial photography.
b. The sale of new and used aircraft .
C. Aircraft charter operations .
D. OBSERVANCE OF STATUTES
The granting of this lease and its acceptance by Lessee is
conditioned upon the right to use said public airport facilities
in common with 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 officers , employees , agents , servants , customers , vendors ,
suppliers, patrons , and invitees over the roadway provided by
Lessee serving said premises , and the right of ingress to and
egress from the landing area for airplanes . Said Lessee'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 for their intended uses .
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.
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MMFAMM
B. MAINTENANCE
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 REPAIR TO PREMISES
Further, Lessee agrees not to construct, install, or remove,
modify and/or repair any of the premises leased hereunder without
prior written approval of the Director of 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
of the Lessor'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 the
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.
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Aftk F. SIGNS
During the term of this Agreement , Lessee shall have the
right , at its expense, to place in or on the Premises a sign or
signs identifying Lessee. Said sign or signs shall be of a size,
shape and design, and at a location or locations , approved by
Lessor and in conformance with any overall directional graphics
or sign program established by Lessor. Le'ssor 's approval shall
not be withheld unreasonably. Notwithstanding any other
provision of this Agreement, said sign(s ) shall remain the
property of Lessee. Lessee shall remove, at its expense, all
lettering, signs and placards so erected on the Premises at the
expiration of the term of this Agreement, or any renewal thereof.
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 in Federally
Assisted Programs of the Department of Transportation, and as
said Regulations may be amended.
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Lessee shall comply with all FAA and U.S . Code requirements
as to nondiscrimination.
I . AFFIRMA'T'IVE ACTION PROGRAM
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 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 required by 14 CFR
Part 152, Subpart E, to the same effect .
J. NO DISCRIMINA'T'ORY 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 LEASHOLD
The term of this lease shall be for five ( 5 ) years subject
to earlier termination for cause as provided herein. The term. of
t�ke agreement shall commence on the l5�" day of
19 Lessee shall have an option to
renew said lease for three ( 3 ) additional terms of five ( 5 ) years
on the same terms and conditions , except that rental rates and
charges at the end of the original term and each optional term
shall be renegotiated. The option to renew said 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 date of the initial lease. AOL
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EM
ARTICLE V
RENTALS AND RATES
A. GENERAL
For the ground area and building(s ) hereindemised, 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 T - /100
( $3, 492.00) annually at the present rate o-' $0_18 per
square foot per year for 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 Two hund d_ ninety-one app� o/1 on
( $291.00) , 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.
C. UNDERGROUND FUEL STORAGE
In addition to the foregoing, the Lessee also agrees to pay
'to the Lessor as rent for the further described demised premises
used for the installation and dispensing of the aviation fuel
storage tanks based upon the total capacity of the fuel tanks
installed in the area, the specific amount determined by
multiplying the total tank capacity of 16, 000 gallons by $0. 15
per gallon for a sum of Two thousand four_ hundred and no/yon
( $2,400.00 ) • Said sum shall be paid in equal monthly
installments in the amounts Of Two hun- red and no/1no
( $200.00 ) , with the first installment paid
at the time of execution of this lease and all subsequent monthly
installments paid on the 1st day of each and every month
hereafter. The amount charged per gallon shall increase at
the rate of $0___ 01 per gallon per year to $0 . 19 per gallon per
year at the end of the original term.
D. UTILITY SERVICES AND TAXES OF OTHER GOVERNMENTAL
AGENCIES AND PERMIT FEES
Ask 1. Lessee agrees to pay for all utility services , and to
MW pay all taxes and assessments which may be levied by
any governmental agency with respect to the demised
premises.
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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 . Airport permits are as follows;
Charter Service. . . . . . . . . . . . . .$25. 00 monthly
Aircraft Sales & Service. . . . .$25.00 monthly
These fees are currently set by the City Council. and if
the City Council changes them or adds new fees, the
Lessee would pay the newly enacted fees .
F. TIME AND PLACE OF PAYMENT
Rentals for all Facilities and Permit Fees shall be paid on
or before the first day f each month. All
y 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.
G. 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 Lessor only such
amount of reimbursement as it shall receive from the United
States Government.
ARTICLE VI
INSURANCE BY LESSEE
A. LIABILITY INSURANCE
Lessee agrees that it will at all times maintain public
liability insurance with reputable insurance companies, the
following:
Hangar Keepers Liability $1,000,000 each accident*
Professional Liability $ 500 , 000 each accident
Product Liability $ 500, 000 each accident
Comprehensive Public Liability
w/Aircraft, Passenger, and
Pilot Coverage
Bodily Injury $ 250 , 000 each person
$ 800, 6p0 each accident
Property Damage $1,000, 000 each accident
Bodily Injury $ 100, 000 each person
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*Lessee agrees not to hangar aircraft with aggregate value over
$1, 000, 000. 00.
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. Current copies of said insurance policies or
certificates of insurance shall be furnished to the Lessor and
shall be promptly replaced upon expiration. The City of
Jefferson shall be named as an additional insured.
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.
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 terms, 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 TENANT
This Lease shall be subject to cancellation by Lessee after
the happening of one or more of the following events :
1. In the event Lessor should 'cease to operate or
maintain an airport adjacent to the demised premises .
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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 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 CITY
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 C.
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 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 contract, or if any insurance policy required
by this contract expires or is cancelled, then Lessee
10
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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
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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 Article VII Section C (Cancellation by Lessor ) , a notice
of cancellation shall be sufficient to immediately cancel this
Agreement; and, upon such cancellation, Lessee hereby agrees that
it will forthwith surrender up possession of the demised premises
to the Lessor as set forth in Article VIII .
E. ASSIGNMENT AND SUBLETTING
The 'Lessee shall not sublease, or assign this lease without
first obtaining the written approval of the Lessor through the
Director of the Department of 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.
ARTICLE VIII
RIGHTS UPON TERMINATION
A. OWNERSHIP OF IMPROVEMENTS
The Lessee shall be the owner of all of the improvements
which it makes on the demised premises at its expense.. Upon the
termination of this lease, or any renewal thereof, Lessee shall
have the right to remove the said improvements at the cost of the
Lessee, it being the purpose of the parties that the title to
said improvements shall not inure to the Lessor through the
theory of annexation. In the event Lessee elects to remove the
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improvements , Lessee shall at its cost restore the demised
premises to their condition prior to the placing of the
improvements thereon.
B. PERSONAL PROPERTY
Upon termination of this lease, Lessee shall remove all
personal property from the demised premises within ten ( 10) days
after said termination and if Lessee fails to remove said
personal property, said property may thereafter be removed by
Lessor at Lessee's expense. Lessor shall make all reasonable and
diligent efforts to preserve and protect any property removed and
to turn the same over to the Lessee in the same condition (or as
near thereto as reasonably possible) as when removed. Should
Lessee fail to claim the property within fifteen days of removal,
the Lessor may destroy, sell or otherwise dispose of said
property without any liability to Lessee.
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. CITY'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 reserves 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 AOL
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
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airport which in the opinion of Lessor would limit the
usefulness of the airport or constitute a hazard to
aircraft .
4 . During the 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 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.
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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 and place, provided
one is available on said Airport. In said event, Lessee shall
have the right to terminate this Lease.
D. CITY '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
Lessor 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. as 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.
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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 unsure delivery, and
deposited in the United States mail, addressed to:
CITY. . . . . .City of Jefferson
Department of Transportation
Airport Division
320 East McCarty Street
Jefferson City, MO 65101
TENANT. . . .Industrtial Aviation, Inc.
P.O. Box 831
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.
I . AMENDMENTS TO LEASE p
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.
Lessor reserves the right, at its sole discretion, to grant
others certain rights and privileges upon the Airport which are
identical in part or in whole to those granted to Lessee.
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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.
Recommended by CITY OF JEFFERSON, MISSOURI
Transportation Commission: a Municipal Corporation
By
6) �m inis r ve ecretary Mayor
ATTEST: WILLIAM E. ASEL, d/b/a
INDUSTRIAL AVIATION, INC.
� By
City Clerk President
APPROVAL AS TO FORM:
A6,401' f 21,
zt Counselor Afth
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