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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 r LEASE AGREEMENT J 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. 1 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 2 r , 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 3 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 4 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 5 MMM