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Jefferson on December 8, 1970, is hereby rescinded and the Mayor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-.«. �,,« ,