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HomeMy Public PortalAboutORD08333 BILL NO. C i `r INTRODUCED BY COUNCILMAN Wildhaber ORDINANCE NO. 3 ! AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY AND THE CITY CLERK OF SAID CITY TO EXECUTE, ON BEHALF OF THE CITY , A LEASE ON CERTAIN PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT LEASED TO JAMES H. DAWSON AND BILL IE JOAN DAWSON, HIS WIFE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1 . A certain lease authorized by Ordinance No. 08323 passed by the City Council of the City of Jefferson on December 7, 1970, and approved by the Mayor of the City of Jefferson on December 8, 1970, is hereby rescinded and the Mayor and the City Clerk of the City of Jefferson, Missouri, are hereby authorized and directed for and in the name of the City, to execute a written lease with James H. Dawson and Billie Joari Dawson, his wife, relating to certain described property at the City of Jefferson Memorial Airport dated the 17th day of December, 1970. Section 2. Said written lease shall read in words and figures s &as follows: f 1 NET GROUND LEASE This leases made and entered into this December 7 1970 , by and between Jefferson City, Missouri , a municipal corporation, hereinafter designated as "City" and James H. Dawson and Billie Joan Dawson, his wife , hereinafter designated as "Tenant ." WITNESSETH THAT: For and in consideration of the covenants and agreements between the parties hereto hereinafter set forth, said City has , and by these presents does lease and demise unto said Tenant the following premises upon the following terms and conditions : 1. DEMISED PREMISES. "Demised Premises" as the term is sed in this lease shall be 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, 1793.70 feet; thence deflecting 91016' to the left, 310.75 feet to the point of beginning of this description; thence deflecting 90000' to the left 195 feet; thence deflecting 90000' to the left 150 feet; thence deflecting 90000' to the left 195 feet; thence deflecting 90000' to the left, 150 feet to the point of beginning. comprising approximately 29,250 square feet total , as delineated by red, green and yellow areas and designated upon a plat of said premises hereto attached and marked "Exhibit A." The parties hereto agree that the green and yellow shaded areas consist of approximately 21,600 square feet and the remaining open red area consists of approximately 7 ,650 square feet . 2. PURPOSE. Tenant , or its assigns , shall have the non- exclusive right to use said demised premises for the purpose of storing, maintaining and repairing aircraft and for all other purposes that a fixed based operator is entitled to do under any license from the FAA, any other duly authorized governmental agency, ordinances of the City of Jefferson, and rules and regulations of the Airport Commission of the City of Jefferson upon the payment of such fees , and under such supervision and regulations as are now or hereafter prescribed by the Airport Commission and the City. i Any use other than connected with aircraft activities shall be only with the consent of the City. 3. TERM. The term of this lease shall be for five (5) years, beginning L"'Li and ending /7 . with options to renew the lease at the expiration thereof for additional five (5) year periods . Each option to be exercised by - the Tenant by giving written notice to the City of such intention to renew said lease at least ninety (90) days prior to the expiration . I of the initial five (S) year period and each five (5) year period thereafter. At the expiration'of this lease and at the expiration Aft of each five (5) years of the term thereof, the annual rental for i the ensuing five (5) years shall be determined by negotiation between the City and the Tenant. 1 4. RENT In consideration of the leasing e . si g afor said, Tenant hereby covenants and agrees to pay �o City as rent for said demised premises the suss of Three Thousand Six Hundred Ninety-Nine Dollars. ($3,699.00) annually at the present rate of $.15 per square foot per year for area shaded green and yellow on the attached Exhibit "AQ# , and $ .06 per square foot per year for area shaded red which said sum shall be paid in equal annual installments, the first annual installment to be paid upon execution of this lease and -.all subsequent annual installments shall be due and payable on the 1st . I of December of each and every year hereafter. ,r `` S. UTILITIES. If Tenant contracts for and commences con- struction of a hangar then the Tenant may at its own expense extend r water, sewerage and other utility services to the property line of ' the demised premises nearest to such existing facilities. Such rights shall include the right to connect with Airport sewage system at the cost of the Tenant. 6. CONSTRUCTION. Tenant intende 'to construct an airplane =2- hangar, ramp, parking area and other accommodations incidental thereto, and Tenant agrees to coordinate those plans with the City. Improvements so constructed by Tenant on the demised premises shall be and remain the property of Tenant. Any and all negotiations made by Tenant with the utilities shall be approved by the City prior to construction thereof and shall in all instances meet the minimum standard required for such utility connections as are not forth in the applicable code of the City of Jefferson, Missouri. 7. UTILITY SERVICES AND TAXES OF OTHER GOVERNMENTAL AGENCIES, Tenant 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. 8. MAINTENANCE. The standards of up-keep and maintenance i required of the Tenant under this lease shall be not less than the standards followed by the City for similar, buildings and premises . I II ! under the City's control. Any deviation from said minimum standards shall be brought to the attention of the Tenant by the City and shall be corrected within ninety (90) days thereafter. 9. ALTERATIONS. Tenant may, at its expense, make such i . . alterations in the improvements as it shall desire, but shall first obtain the written consent of the City, which shall not be un- reasonably withheld. In the event Tenant gives written notices to I City of its intent to make such' alterations and no response is made � . by City within thirty (30) days thereafter, City ,shall be deemed to have consented to such alterations. 10. INSPECTION. During the term hereof, the City shall have it the right to inspect said demised premises either by employees or �. officials designated by the Airport Commission of City, at any or, all reasonable times. r 11i, DAMAGE BY FIRE AND •OTHER.CAUSES. Teenant, agrees,. that in .K'i 4. -3- f , case of destruction in whole or in part of said improvements either by fire or otherwise, that it will within ninety (90) days there- after either (a) repair said damage, or (b) remove the damaged improvement and .the debris resulting therefrom and restore the Isurface condition of said demised premises to its original condition, i at which date this lease shall be deemed cancelled. If said i destruction is of such extent that complete rebuilding is necessary, the Tenant may elect to rebuild and shall have a reasonable period of time in which to complete said rebuilding, during which period the Tenant shall continue to pay the City ,the rents provided in AIML this lease or any renewal thereof. 12. INSURANCE. Tenant agrees that it will' at all times maintain public liability insurance in the amounts of $100,000/ i $300,000 with reputable insurance companies, which insurance shall assure the obligation of the Tenant to save the City harmless from Iany 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 Tenant. Copies of said i insurance policies or certificates of said insurance shall be AM furnished to the City. 13. NATIONAL I;MRGENCY. In the event possession of the Idemised premises and the improvements . thereon is assumed by the United States of America under any emergency powers, the rant due under this- lease shall abate for the period of such possession. In such event the Tenant shall not be - responsible for any of the other covenants in ..this lease until possession by the United States of America shall terminate. In, the further event that Tenant shall be reimbursed by, the United States of America for its assumption of possession, then the rental provisions of this lease shall re- ,; main in.effect, but provided further, 'however, that if said re- imbursement is less than the amount of rental herein provided, the i* s -4- i f Tenant shall be required to pay to the City only such amount of AML reimbursement as it shall receive from the United States of America. 14. F.A.AAIRPORT INSTRUMENTS. The Federal Aviation Agency and City are hereby granted the right and privilege by Tenant to place on and around the above described premises, without cost ito the Tenant, whatever instruments and equipment they desire during the term of this lease, so long as said instruments or equip- ment do not interfere with the intended use of the premises by i I the Tenant. 15. AERIAL APPROACH. The City 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 the Tenant from erecting or permitting to be erected, any building or other structure on the Airport which, in the opinion ' i of the Airport Commission, would limit the usefulness of the Airport or constitute a hazard to aircraft. lb. SUBORDINATION. This lease shall be subordinate to the provisions of any existing or future agreement between the City and the United States, relative to the operation and maintenance of the Airport, the execution of which has been or may be required } as condition precedent to the expenditure of Federal funds for the l development of the Airport. ' 17. ACCESS AND PUBLIC TAXIWAY. Tenant for itself, its { ,agents and its invitees, shall have the right of access to and from the demised premises over all, public areas used in common at the Airport, and specifically without limitation of the foregoing, shall, have access for airplanesto and from the demised premises, to and over the taxiways, ramps and runways and other service areas. Tenant Ap shall have the right to utilize the Airport facilities to 'the same extent as afforded to other tenants leasing premises for hangar a' .5.. f 1 facilities. The City will construct a public taxiway from the ramp area east of the demised premises to the west property line of the demised premises. Tenant may construct a taxiway from the demised premises to the above-mentioned taxiway at its own cost across City-owned premises without leasing additional, property from the City. 18. OWNERSHIP OF IMPROVEMENTS, The Tenant. 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, Tenant shall have the ,right to remove the said improvements at the cost of the Tenant, 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 Tenant elects to remove the improvements, Tenant shall at its cost restore the demised premises to their condition prior to the placing of the 'improvements I thereon. 19. CITY' S OPTION TO PURCHASE. The City reserves the right . to purchase the improvements constructed on the premises by the Tenant at any time during this lease or any renewal thereof, or I 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 City. In the event the .City shall exercise its right to buy' the improvements, the price to be paid the Tenant 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 City exercises its option to purchase said improvements. In the event the City desires to exercise said option to purchase, I it shall give to the Tenant, ,in writing, notice- of its intention to purchase said improvements six (6) months prior to the purchase -6- thereof. If City gives notice as aforesaid, of its intent to 06xercise this option to purchase , Tenant may elect to retain and remove said improvements from the demised premises at its own cost and at no cost to the City and Tenant shall also at its cost restore the demised premises to their condition prior to the placing of the improvements thereon. 20. SERVICES. The City shall have no responsibility or liability to furnish any services to Tenant other than tl. specified in this lease, but Tenant may negotiate with City for any additional services it may request and shall pay for such ad- itional services the consideration so negotiated. 21. WORKMEN'S COMPENSATION, Said Tenant further covenants and agrees that the •Tenant will save harmless said City and the above demised premises at all times during the continuation of this lease from all damages., claims, fines, penalties, costs and expanses whatsoever which may result to said City or to said demised premises or to any improvements at any time situated thereon under the pro- visions of the Workmen' s Compensation Act and other statutory provisions of a similar nature. 22. AIRPORT CLOSURE. In the event City should cease to operate or maintain an airport adjacent to the demised remises p p � premises, either party may terminate this agreement by giving written notice of such termination. 23. DEFAULT. Tenant agrees that if default be made by it in payment of rent when due and if said default continues for more than fifteen (15) days after written notice, the City may elect to declare this lease forfeited, in which event Tenant shall surrender possession of said premises peacefully to the City. If Tenant shall default in any of the other covenants herein contained and shall continue in such default for a period of ninety (90) days after notice thereof in writing from the City, the City shall have -7- •J. } ty. 1 the election to declare this lease forfeited and thereupon the Tenant shall surrender possession of said demised premises peace- fully. In the event of any such forfeiture, Tenant 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 City may require any back rental payments to be made before allowing such removal. 24. ANTI-DISCRIMINATION CLAUSE. The Tenant 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. 25. NO DISCRIMINATORY CHARGES. Tenant 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 Tenant may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Am 26. NOTICE. 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 eank.-losed. 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 TENANT . . James H. Dawson and Billie Joan Dawson 610 Missouri Boulevard Jefferson City, Missouri or such other place as either party shall in writing designate in -8- r 1 y the manner herein provided . Ask 27 . The Tenant shall not sublease , assign or sell this Lease without first obtaining the written consent of City, how- ever, City agrees not to unreasonably withhold such consent . 28. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures the day and year first above written. Recommended by CITY OF JEFFERSON, MISSOURI Airport Commission: a Municipa Corporatio �. Chairman By.._._ ` Mayor ATTEST: City Clerk JAMES H. DAWSON BILLTO JOAN DAWSON Tenant APPROVAL AS TO FORM: City Attorney Section 3. This o dinancershall take effect and be in force from and after its passage and approval . AP OVED � .•� �1 7dent of the Counci Mayor ATTEST: C 'ty Clerk -9- r, STATE OF MISSOURI. ] COUNTY OF COLE ] On this /97�` day of �-n , 197 / before me appeared JOHN G. CHRISTY, to me personally 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 in- strument 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. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Jefferson City, the day and year first above written. Notary Public MY ComMi Ea6�iro: My commission expires APd1 12, 173 STATE OF MISSOURI ] ] ss . COUNTY OF COLE ] On this da of 197 / , before me personally appeared JAMES H. DAWSO and BILLIE JOAN DAW SON, his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Jefferson City, Missouri, the day and year first above written. OW Notary Public My commission expires_ -10- , i Al ' (. j!'Ja n,('r•r .w•.., ..r. .r ... .,`t t'••x•r ,�,...,T...,,...;M.3(,,,';•.•nn-.«. �,,« ,