Loading...
HomeMy Public PortalAboutORD08454 L ;±{ ' BILL NO: f ORIIINANCB N0. _Z JLJ INTRODUCED BY COUNCILMAN r e r S � ftq{. 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 A IT T THE JEFFERSON CITY MEMORIAL AIRPORT LEASED TO RICHARD P. TREMAIN AND RUBY TREMAIN. 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 Po ;,Tremain and Ruby Tremain, relating to certain described pro- perty at the Jefferson City Memorial Airport. Section 2. Said written lease shall read in words and figures as follows : Aft r LISAS , This Lease mado and cntorod i.rnto on the 1st clay of May , 1972 , by and betwoon the City of Jefferson any( the Mamorial Airport Com- riissiorl of Jefferson City, Missouri , Le:;sor, and Richard P. Trcmain attu Ruby A. Tren.ai.n, his wife, Jefferson City, Missouri , Lessee . WITNFSSIITH: 1. 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 known as the Airport Cafe , with certain furnishings and fixtures therein for a term of two (2) years commencing on the 1st day of May, 1972 and terminating on the 30th day of April , 1974 . 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 (Go) 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 Lassee '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 shall not be included in determining said "gross sales". (c) Lessee shall , for the purpose hereof, install and maintain an adequate record systera by which will be recorded the receipts from all gross sales and other transactions had in and upon said promises in connect:iori with the Lessee ' s busiro-iss , and Lessee shall keep same on filo for a period of not less than two r f (2) years , and will give to the Lessor acid Lessor ' s agoilts the privilege at any time during business hours of inspecting and ex- amining Lessee ' s papers , bills , vouchers , recorcls , 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 determine 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 Caie, and furthe.r 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 ;sor or its agents a.11 sales tax returns and all state and federal income tax ref ,) ns ` .r 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 ,,,,)nthly 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 furniture and fixtures furnished by the Lessee , and Lessee is authorized to use the furniture and fixtures belonging to the Lessor and Lessee agrees to keep all furniture and fixtures furnished by the Lessor in good repair at its own expense , ordinary wear and 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 u 2.. A. 01- fixturos Hereby furnished to the Lessoo 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 and enjoy the demised promises , within the terms hereof without inter- ruption from the Lessor. (d) Lessor will maintain faire , 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 al]. dishes and cooking utensils and all furniture and fixtures necessary for the operation of the Airport Cafe, 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 to-r 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 ether place as may be designated by the Lessor. , (c) To use the property ror the operation of a restaurant and for no other purpose . (d) Not to assign this lease or sublet said premises , 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 the Lessor. (f) To take care of and fairly treat the building and premises. ; nd all furnishings and fixtures furnished by the Lessor, and to keep the premises free from filth and danger of fire , a.nd to pay for all garbage disposal krom the Airport Cafe . (g) To permit the Lessor, or its au±horized agents , to enter said premises at any time for the purpose of inspecting or 3- 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. ; and 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 at 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 peaceful 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 premises . (k) At the termination of this lease, whether at the expiration of the term or upon forfeiture, Lessee agrees to sur- render 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. (m) The Lessee will. clean and maintain the said premises leased to him in suitable condition for Lessee 's business. 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 -4- 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 ton (10) days after the damage. In the event of damage to the building and premises , and the lease in not termin- ated, the Lessor will , as promptly as possible , restore same to a condition substantially equal to its condition before the damage . (c) That Lessee will notify the Lessor on or before February 1 , 1974, whether or not Lessee desires to lease the pre- mises , at a rental to be agreed upon by the parties , for a further period after this lease expires on April 30, 1974. (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. AMh CITY OF JEFFERSON, MISSOURI 4 Municipal Corporation .Recommended by Airport Commission By Mayor airman Lessor 0.. h RICHARD P. 'FREMAIN .ATTEST: RUBY A. THE IN City Clerk Lessee -APPROVAL AS TO FORM: City Attorney a�`.,,,t Section 3, This ordinance shall take effect and be in force .�t., from and after its passage and approval. . PASSED: • APPROVED: Date Date , , re ont o tie ,owlcil a o D; ATTEST: ty 7 \ . 7 Y. _6_