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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 -2- 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, .3.. 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 -4- 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. -5- (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 "7-