HomeMy Public PortalAboutORD10734 BILL NO.
SPONSORED BY COUNCILMAN / .o—�s•r
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT
LEASING CERTAIN SPACE AT THE JEFFERSON CITY MEMORIAL AIRPORT TO
RICHARD P. AND RUBY A. TREMAIN.
BE IT ENACTED 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 Richard P. Tremain
and Ruby A. Tremain.
Section 2. The lease shall be substantially the same in
form and content as that attached hereto as Exhibit A.
Section 3. This Ordinance shall take effect and be in force
from and after its passage and approval.
Passed /5'F6 Approved 1S 6'
Pre ding Of f icelt 0 Ma or If
ATTEST:
City Clerk
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LEASE AGREEMENT
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hid, Lease made and entered into on the day of
� 19 LL, by and between the City of Jefferson,
Missouri, Lessor, and Richard P. Tremain and Ruby A. Tremain,
Jefferson City, Missouri, Lessee.
WITNESSETH:
1. The Lessor hereby leases unto the Lessee and the Lessee
hereby takes from the Lessor as Lessee, the premises situated in
the Jefferson City Municipal Airport Terminal Building, commonly
known as the Airport Cafe, with certain furnishings and fixtures
therein for a term of three ( 3 ) years commencing on the 1"4'
day of o �mbt� , 19 L and terminating on the 31"°x'_ day of
S-��t Y, 19 gj—.
2. As rental for said Airport Cafe property the Lessee
shall pay to the Lessor during the term November 1, 1986 through
October 31, 1987, the sum of Seven Thousand Five Hundred Dollars
and No Cents ( $7, 500.00) ; and from November 1, 1987 through
October 31, 1988, the sum of Seven Thousand Eight Hundred Dollars
($7, 800.00 ) ; and from November 1, 1988 through October 31, 1989 ,
the sum of Eight Thousand One Hundred Dollars ($8, 100. 00) .
Payment of the rent due under this lease shall be paid in equal
monthly installments and shall be due and payable on the first
day of each and every month to the City of Jefferson, Department
of Transportation, Airport Division.
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.
(b) Lessor agrees to furnish all heat, air-conditioning,
light and fuel for cooking in the "Airport Cafe. "
(c) 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 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 building and equipment owned by Lessor in said
building.
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4 . The Lessee covenants and agrees:
(a) To furnish all dishes and cooking utensils and all.
furniture and fixtures necessary for the operation of the Airport
Cafe, and further agrees to maintain and 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 the 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.
(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 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
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 estabalish 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.
( i) 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.
( j ) 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
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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 the right of Lessor to cancel this lease by
reason of any subsequent violation of the terms hereof.
(k) At the termination of this lease, whether at the
expiration of the term or upon forfeiture, Lessee agrees to
surrender peaceful possession of said premises and all equipment
furnished by the Lessor, in good condition, usual wear and tear
excepted.
( 1) 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.
(m) 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.
(n) 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 receiveing the
services or benefits of any program or activity covered by this
subpart. The Lessee assures that it will require that its
j covered suborganizat.ions provide assurances to the Lessee that
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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 .
(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 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.
(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 $800, 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.
(r) 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 the airport restaurant
equipment from the Lessee.
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.
(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 possible, restore
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same to condition substantially equal to its condition before the
damage, and rent due will be prorated for days lost.
(c) That any notice provided for herein may be given to the
parties by personal service or by registered mail addressed to
the Lessor at City Hall, 320 East McCarty Street, Jefferson City,
Missouri, or to the Lessee at the premises herein leased or
mailed to 1607 St . Marys Boulevard, Jefferson City, Missouri.
(d) That this Agreement shall be binding upon the parties
their executors, administrators, heirs and assigns subject always
to the restriction herein contained as to the subletting or
assignment of this lease.
Recommended by the CITY OF JEFFERSON, MISSOURI
Transportation Commission a Municipal Corporation
By By
Admi istrat e e :etary U ayor
ATTEST: LESSEE
City, Jerk Richard P. Tremain
uby A. Tremain
Approved as orm•,
fty Counselor
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