HomeMy Public PortalAboutORD08373 I
ORDINANCE N0.
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 THE AIRPORT CAFE AT
THE JEFFERSON CITY MEMORIAL AIRPORT TO RICHARD P. TREMAIN AND RUBY
A. TREMAIN, HIS WIFE.
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 authorized and directed for and
in the name of the City, to execute a written lease with Richard
P,. Tremain and Ruby A. Tremain, relating to the Airport Cafe at
the Jefferson City Memorial Airport dated the 1st day of May,
1971.
Section 2. Said written lease shall read in words and figures
as follows :
LEASE
This Lease made and entered into on the 1st day of May, 1971,
by and between the City of Jefferson and the Memorial Airport Com-
mission of Jefferson City, Missouri, Lessor, and Richard P. Tremain
and Ruby A. Tremain, his wife, Jefferson City, Missouri, Lessee.
WITNESS ETH:
x1. 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
nown as the Airport Cafe, with certain furnishings and fixtures
therein for a term of one (1) year commencing on the 1st day of
May, 1971 and terminating on the 30th day of April, 1972.
2. As rental for said Airport Cafe property, and furnishings
and fixtures owned by the Lessor, Lessee shall pay to the Lessor
during the term of this lease, the sum of money equal to six per-
cent (6%) of all gross sales, including the gross sales made by
Lessee in the Airport Cafe and including all amounts received by
the Lessee from vending machines located in the Airport Terminal
Building. Said monthly payments shall be made in cash, money order
or bank draft. The term "gross sales" as used herein shall include:
(a) The selling price of all merchandise, and the
amounts received by Lessee from vending machines, sold by the
Lessee whether for cash or for credit, and in case* of sales on
credit, whether payment is actually made or not, and
(b) The charges made by the Lessee or by anyone on
Lessee's behalf for the rendition to Lessee' s customers for services
of any kind whatsoever. Any sales or use tax which Lessee may be
required to collect and account for to any governmental agency
Ne-r t�'
hall-4be included in determining said "gross sales. "
(c) Lessee shall, for the purpose hereof, install and
maintain an adequate record system by which will be recorded the
the receipts from all gross sales and other transactions had in
and upon said premises in connection with the Lessee' s business,
and Lessee shall keep same on file for a period of not less than
two (2) years, and will give to the Lessor and Lessor's agents the
privilege at any time during business hours of inspecting and ex-
amining Lessee' s papers, bills, vouchers, records, books of account,
and sales slips, and Lessee will freely lend all. assistance required
by the Lessor in making such inspection, examination or audit to
Odetermine the gross sales and receipts of Lessee upon which the
rental payments are made under this lease.
(d) Lessee shall, for the purpose of ascertaining the
amounts payable as rent for any period as above provided keep re-
cords which will show daily gross sales and receipts of the Lessee
in and from the operation of the Airport Cafe, and further agrees
to deliver to the Lessor monthly duplicate statements of the total
gross sales and receipts of Lessee, and Lessee further agrees , if
demanded by Lessor, to exhibit to the Lessor or its agents all
sales tax: returns and al"l state and federal. income tax returns for
inspection to determine whether or not Lessee has properly computed
the rental due under this lease.
(e) Payment of the rent due under this lease shall be
made monthly and shall be due and payable to the City Collector of
Jefferson City on or before the 20th day of the succeeding month.
3. Lessor covenants and agrees :
(a) The Lessor agrees that it has furnished to the
Lessee all furniture and fixtures in the "Airport Cafe" except the
urniture and fixtures furnished by the Lessee, and Lessee is
or
authorized to use the furniture and fixtures belonging to the Lessors
S g
and Lessee agrees to keep all furniture and fixtures furnished by
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the Lessor in good repair at its own expense, ordinary wear and
Aft
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 the Lessee paying the rent hereby reserved
and paying for the maintenance and repair of all furniture and
fixtures hereby furnished to the Lessee by the Lessor, and observing
and performing the several covenants and provisions herein provided
to be performed on the part of the Lessee, shall peaceably hold
Wand enjoy the demised premises, within the terms hereof without
interruption from the Lessor.
(d) That Lessor will clean and maintain the said premises
leased to the Lessee in suitable condition for Lessee' s business.
(e) Lessor will maintain fire, liability and extended
coverage upon said building and furniture and fixtures owned by
Lessor in said building.
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
Cate, not presently on the premises and furnished by the Lessor,
and further agrees to maintain and pay all bills for the repair
and maintenance of all furniture and fixtures furnished by the
Lessor, ordinary wear and tear excepted.
(b) To pay the rent at the time and in the manner herein
approved to the Lessor or its order at the City Hall, 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 purpose.
(d) Not to assign this lease or sublet said premises,
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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 Lessor,
(f) To take care of and fairly treat the building
and premises and all furnishings and fixtures furnished by the
Lessor, and to keep the premises free from filth and danger of
fire, and to pay for all garbage disposal from the Airport Cafe.
(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 operate said restaurant seven (7) days a .
week during the following hours: On Monday through Friday
6:30 a.m. to 7 :00 p.m. ; on Saturday 8:00 a.m. to 1:00 p.m; on
Sunday 11: 00 a.m. to 6:00 p.m. Lessee may operate said Airport
Cafe at any other hours upon first obtaining approval from the
Airport Commission.
(i) To provide food and other restaurant services
Gat reasonable prices and to pay wages comparable to those paid
by other similar businesses in the area of Jefferson City.
(j) If any default shall be made in the payment of
the rent or any part thereof at the time provided for the rent
to be paid, or of any other covenant of this lease, the Lessee
will upon written demand quit and surrender to the Lessor peace-
ful possession of the premises and of all furniture and fixtures
furnished by the Lessor, however, lessee will be required to pay
all rental moneys due the Lessor to the date Lessee quits the
op remises.
(k) At the termination of this lease, whether at the
expiration of the term or upon forfeiture, Lessee agrees to surrender
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peaceful possession of said premises and all furniture and fixtures
furnished by the Lessor, in good condition, usual wear and tear
and providential destruction excepted.
(1) Lessee agrees not to discriminate against any person
desiring service at said Airport Cafe because of race, religion,
color or national origin.
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 with-
out 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 same to a con-
dition substantially equal to its condition before the damage.
(c) That Lessee will notify the Lessor on or before
January 1, 1972, whether or not Lessee desires to lease the premises,
at a rental to be agreed upon by the parties, for a further period
after this lease expires on April 30, 1972. It is understood that
Lessor may during the period January 1. to April 30, 1972, advertise
for proposals or bids for the operation of the Airport Cafe and
Lessee may submit a bid or proposal in the event bids or proposals
are sought by the Lessor. It being understood between the parties
that the Lessor is under no obligation to lease the demised premises
to the Lessee for a period after April 30, 1972, and that Lessee
may submit to the Lessor a proposal, which shall be fairly considered,
to lease the demised premises for a further period at the expiration
of this lease.
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(d) 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, Jefferson City, Missouri, or to the
Lessee at the premises herein leased.
(e) 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 assign-
ment of this lease.
IN WITNESS WHEREOF, the parties have hereunto set their hands
in duplicate the day and year first above written.
CITY OF JEFFERSON, MISSOU
a M icip Corp ti
Recommended by
A ort Commission: By AA
mayor
1i..-&,-, '�/ �•- Les or
Chairman
RICHARD P. TREMAIN
ATTEST: _ 11
RUBY TREMAIN
ty Clerk
Lessee
AftAPPROVAL AS TO FOR 4:
City Attorney
Section 3. This ordinance shall take effect and be in force
from and after its passage and approval.
PA ~D; /! APPROVED:
C /
resident o he C�/Ilc if Mayor'
ATTEST;
City C erk
e6-
N
STATE OF MISSOURI )
ss.
COUNTY OF COLE )
On this _.__. day of 1971, 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 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.
IN TESTIMONY 'THEREOF, 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
AM
qW My commission expires
STATE OF MISSOURI )
) ss.
COUNTY OF COLE )
On this day of , 1971, before me
personally appeared RICHARD P. TREMAIN and RUBY A. TREMAIN, 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 WHEREOI%, 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.
Notary Public
My commission expires
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