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HomeMy Public PortalAboutORD08319 ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF SAID CITY TO EXECUTE, IN BEHALF OF THE CITY, A WRITTEN AGREEMENT WITH WILLIAM E. ASEL D/B/A INDUSTRIAL AVIATION COMPANY RELATING TO A FIXED BASE OPERATION BY WILLIAM E. ASEL AT THE JEFFERSON CITY MEMORIAL AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and the City Clerk of the City of Jefferson Missouri, are hereby uthorized and directed for and Y in the name of the City to execute a written agreement with William E. Asel d/b/a Industrial Aviation Company, relating to the fixed base operation by William E. Asel at the Jefferson City Memorial Airport. Section 2. Said written agreement shall read in words and figures as follows: 3 x.' y� r' t AMENDED LEASE This amended lease made and entered into this I day of ©C-%a f3� 9 1970, by and between the City of Jefferson, Missouri, or "City' hereinafter termed the "Owner"/, and William E. Asel, d/b/a Industrial Aviation Company, Cole County, Missouri, hereinafter termed the "Lessee" ; WITNESSETH, THAT: WHEREAS, Owner owns and operates in Callaway County, Missouri, the Jefferson City Memorial Airport and said Owner desires to grant to Lessee certain rights hereinafter more fully described, and pertaining to the use of said Airport, together with the right to use and enjoy individually and in common with others the facil- ities referred to; and WHEREAS, the parties hereto desire by this agreement to amend a certain lease entered into between the parties on the first day of October, 1965, to remove therefrom certain provisions found objectionable by the Federal Aviation Administration and by the Jefferson City Memorial Airport Commission; and WHEREAS, Lessee will continue to engage in the business of aeronautics, engine and aircraft repairs , sales and rental of air- craft, sale of aircraft and engine parts and accessories, flight instruction, airplane charter trips and local short flights and desires to continue to lease certain rights from the Owner on and at said Airport. NOW, THEREFORE: 1 . It is mutually agreed by the Owner and the Lessee that the present lease dated October 1, 1965, is hereby amended to read as follows: The Owner does hereby lease , demise, grant and let to the Lessee, and the Lessee does hereby take and lease from the Owner the following described premises on the terms and conditions At�hereinafter stated: A tract of land lying within the commercial area of Jefferson City Memorial Airport 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 deflecting 60022' to the left 409 feet; thence deflecting 90000' to the right 30.4 feet to the point of beginning of this description; thence deflecting 90000' to the left 210.5 feet; thence de- flecting 90000' to the right 80.0 feet; thence deflecting 90000' to the right 210.5 feet; thence deflecting 90000' to the right 80.0 feet to the point of beginning of this description. as delineated by orange and green areas and designated upon a plat of said premises hereto attached and marked Exhibit 'A" . 2. To have and to hold the premises described unto the Lessee, his successors and assigns, for a term of five (5) years commencing on the first day of October, 1970, and terminating on the 30th day of September, 1975, with options to renew the lease at the expiration thereof for additional five (5) year periods. Each option to be exercised by the Lessee by giving written notice to the City of such intention to renew said lease at least ninety (90) days prior to the expiration of the initial five (5) year period and each five (5) year period thereafter. At the expiration of this lease and at the expiration of each five (5) years of the 5 term thereof,. the annual rental for the ensuing five (5) years shall be determined by negotiation between the City and the Lessee . During the term of this Lease , if Lessee should desire to increase the size of its leasehold and if ground is available adjacent to the leasehold, the City hereby agrees to honor the Lessee' s request and the rental on the enlargement shall be consistent as to rentals to be paid and other conditions of the lease as are in effect on the Airport at that time . -2- 3. Lessee has constructed upon the above demised premises a hangar 133.5 feet in width and 80 feet in depth consisting of g p 10,680 square feet and a concrete block building 77 feet in width and 80 feet in depth consisting of 6,180 square feet and Lessee agrees to pay to the Owner the sum of One Thousand Five Hundred Eighty-Nine Dollars and Sixty Cents ($1 ,589.60) annually for the use of the said leased premises , described above , said rental being arrived at in the following manner: (a) 6,160 square feet repre- senting the part of the demised premises occupied by the concrete block building at the rate of five cents (5�) per square foot. ARM (b) 10,680 square feet representing that part of the demised premises occupied by the hangar during the original term of this lease. Said annual rental shall be pro-rated and paid on a monthly basis in advance . The first rental payment shall be due and payable on the first day of October, 1970, and subsequent payments shall be paid on the first day of each month thereafter during the term of this lease . Lessee shall have the right of pre-payment of the rental herein provided. 4. Lessee shall have the right at the Jefferson City Memorial WAirport to: (a) The non-exclusive use, in common with others, of the airport parking areas, appurtenances and improve- ments thereon; (b) The non-exclusive right to install, operate, maintain, repair and store , subject to approval of Owner in the interests of safety and convenience of all concerned, all equipment necessary for the conduct of Lessee' s business; (c) The non-exclusive right of ingress to and egress from the demised premises , which right shall extend to Lessee ' s employees, passengers , guests, invitees, and patrons; (d) The non-exclusive right at the Jefferson City Memorial Airport to locate , maintain and operate full aircraft servicing facilities , to sell air- craft , engines , accessories, and parts, and to provide a repair shop for the repairing and servicing of air- -3- craft engines, instruments, propellors, and accessories in connection with said business; the right to conduct such activities shall apply to aircraft of other persons as well as aircraft be- longing to Lessee . Said property is not to be used for any purposes other than those authorized herein without the written consent of Owner; (e) The non-exclusive right to store and sell petroleum products and the non-exclusive right to give flying instructions and to operate a school for such purpose; (f) The non-exclusive right to provide pilots for operating planes of others and to carry passengers and freight for hire , subject to all appropriate laws of the Federal Government, the State of Missouri, the ordinances of the City of Jefferson and the re- quirements of the FAA or any other duly authorized governmental agency; (g) The right in common with others authorized so to do, to use common areas of the airport , including runways, taxiways, aprons, roadways, floodlights, landing lights, signals and other conveniences for the takeoff and landing of aircraft of the Lessee . upon the payment of such fees as are now or hereafter prescribed by the Airport Commission and the City. 5. Lessee shall not, at any time during the term of this lease, or in any manner, either directly or indirectly, assign, hypothecate , or transfer this agreement of any interest therein, without the written consent of Owner. QL 6. Lessee agrees to observe and obey during the terms of this lease all laws, ordinances, rules and regulations promulgated by the Owner and by any other proper authority having jurisdiction over the conduct of operations at the Airport . 7. During any time when the Airport .shall be closed by any lawful authority restricting the use of the Airport in such a manner as to interfere with the same by the Lessee for its business operations, the rent shall abate and the period of such closure shall be added to the term of this lease so as to extend and post- pone the expiration thereof. 8. Failure of Lessee to pay the rent hereunder within fifteen days after same shall be .due, except as provided in Paragraph seven (7) shall authorize Owner, at its option and without any legal -4- proceedings, to declare this lease void, cancel same and re-enter Wand take possession of the premises . 9. If Lessee shall violate any of the restrictions in this lease, or shall fail to keep any of its covenants after written notice to cease such violation and a reasonable time thereafter to correct same , Owner may at once , if he so elects terminate the same and take possession of the same . 10. Lessee agrees to furnish good, prompt and efficient service adequate to meet all the demands for service at the Air- port; to furnish said service on a fair, equal and nondiscriminatory basis to all users thereof; and to charge fair, reasonable and nondiscriminatory prices for each unit of sale or service, PROVIDED, that Lessee may make reasonable and nondiscriminatory discounts, rebates, or other similar types of prices reductions to volume purchasers. It is understood and agreed that nothing herein con- tained shall be construed to grant or authorize the granting of any exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. 11 . Owner reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the views or desires of the Lessee, and without interference or hindrance. 12. Owner reserves the right , but shall not be obligated to the Lessee, to maintain and keep in repair all landing areas of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. 13. Owner reserves the right to take any action he 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 Owner would limit the usefulness -5- dFAMEWAMMErdum of the Airport or constitute a hazard to aircraft. 14. During the time of war or national emergency Owner shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and if any such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the government shall be suspended. 15. This lease shall be subordinate to the provisions of any existing or future agreement between Owner and the United States, relative to the operation or maintenance of the Airport, the ex- ecution of which has been or may be required as a condition precedent to the expenditure of Federal Funds for the development of the Airport. 16. It is mutually agreed by the parties hereto that at the expiration of the term of the lease or any renewal thereof, if said Lessee desires to remove any and all buildings or construction work that he may have put on the above described premises he shall have the right and privilege to do so, provided he gives to the said Owner. sixty (60) days written notice before the expiration date of this lease or any renewal thereof, of his intention so to do, and provided further that the removal of said buildings and con- struction work from said described premises shall be fully and completely done not later than ninety (90) days from the date of the termination of this lease or the removal thereof, and provided further that in the event there is a forfeiture or termination of this lease as set out herein, said Lessee shall remove all buildings and construction work on the above described premises within ninety (90) days from the date of said forfeiture or termination of this lease, and if said Lessee does not remove said buildings and con- ah struction work on said premises as hereinabove set out within the time as provided herein, said buildings and construction work shall become the property of said Owner and said Lessee shall have no MIN -6- further right , title or interest to same . It is mutually g Y agreed b the parties hereto that all buildings constructed by Lessee as set out herein shall be used for aviation purposes as defined in operational agreement between these said parties and that said Lessee will not use the within described premises or building in any way contrary to Federal or state law or city ordinance. 17. It is mutually agreed by the parties hereto that the City shall have the right to purchase any and all building con- structed on said premises by said Lessee for the price and sum and in the manner as now set out or as may be hereafter set out and specified by ordinance of the City of Jefferson, Missouri, and it is further agreed that said Lessee will furnish to the City within a reasonable time after the completion of all construction work as herein provided as itemized statement of the cost of said construction work. 18. Lessee agrees to pay for all utility services, and to pay all taxes and assessments which may be levied by any govern- mental agency with respect to the demised premises . Ash 19. The standards of up-keep and maintenance required of the Lessee under this lease shall be not less than the standards followed by the City for similar buildings and premises under the City' s control , Any deviation from said minimum standards shall be brought to the attention of the Lessee by the City and shall be corrected within ninety (90) days thereafter. 20. Lessee may, at its expense, make such alterations in the improvements on the premises as it shall desire , but shall first obtain the written consent of the City, which shall not be ® unreasonably withheld. In the event Lessee gives written notice to the City of its intent to make such alterations and no response is made by City within thirty (30) days thereafter, City shall be -7- deemed to have consented to such alterations . 21 . During the term hereof, the City shall have the right to inspect said demised premises either by employees or officials designated by the Airport Commission of the City, at any or all reasonable times . 22. Lessee agrees that in case of destruction in whole or in part of said improvements on the premises 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 City the rents provided in this lease or any renewal thereof. 23 . Lessee agrees that it will at all times maintain public liability insurance in the amounts of $100,000/$300,000 with reputable insurance companies, which insurance companies shall assure the obligation of the Lessee to save the City 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. Copies of said insurance policies or certificates of said insurance shall be furnished to the City. 24. The City shall have no responability or liability to furnish any services to the Lessee other than those specificed in this lease, but Lessee may negotiate with the City for any additional servies it may request and shall pay for such additional services the consideration os negotiated. -8- 25 . Said Lessee further covenants and agrees that the Lessee will save harmless the City and the above demised premises at all times during the continuation of this lease from all damages, claims, fines, penalties, costs and expenses whatsoever which may result to the City or to sr. id demised premises or to any improvements at any time situa%.,._ thereon under the provisions of the Workmen' s Compensation and other statutory provisions of a similar nature. 26. In the event the City should cease to operate or maintain an Airport adjacent to the demised premises , either party may terminate this agreement by giving written notice of such termination. 27.. The Lessee will not, on the grounds of race, color or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations . The City reserves the right to take such action as the United States Government may direct to enforce this covenant. 28. 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 delivery, and deposited in the United States mail at Jefferson City, Missouri, addressed to: CITY . . . . . . . Airport Commission City Hall City of Jefferson, Missouri LESSEE, William E. Asel, d/b/a Industrial Aviation Company Memorial Airport Jefferson City, Missouri or such other place as either party shall in writing designate in the manner herein provided. 29. The Lessee shall not sublease , assign or sell this lease without first obtaining the written consent of the City, provided, -9- however, that City agrees not to unreasonably withhold such consent. 4 30. All amendments to this lease must be made in writing by mutual agreement of the parties and no oral amendments shall be of any force or !effect whatever. IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures the day and year first above written. Recommended by Airport Commission CITY OF JEFFERSON, MISSOURI, A Municip Corporati n Y Chairman By r Mayor –V- WAttest: C ty Clerk INDUSTRIAL AVIATION COMP Approval as to Form B Lessee City Attorney Section 3. This ordinance shall take effect and be in force from and after its passage and approval. PASSED: _ APPROVED ZZO 4AAlAqf resident of the 'CouncV11 Mayor Attest: Ci y Clerk -10- 4" STATE OF MISSOURI ) ss. COUNTY OF COLE ) On this ! day of �,Q� , 1970, before me appeared John G. Christy to me persorWlllyy known, who, being by me duly sworn, did say that he is the Mayor of Jefferson City, Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said Jefferson City and that said instrument was signed and sealed in behalf of said City by and with the authority of its Council, and John G. Christy acknowledged said instrument to be the free act and deed of said City. otar}► Public comma 0*" My commission expires@! STATE OF MISSOURI ) ss COUNTY OF COLE ) On this � day .of �o�-,,,_ , 1970, before me appeared William E. Ase1 to me persoVally known, who a being by me duly sworn did say that he executed said lease for and on behalf of Industrial Aviation Company, not a corporation, and acknowledged that he ex- ecuted the foregoing instrument as his free act and deed. otary Public &9y DUM11 1 DOM F` My commission expires �1 1{ n, IL eat . �. �ir Ir a Z r \ cv Id -ar cv % .g r'y W q .h �� 7 rrg oie . .1 ell X1,0 In./ � •