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Home My Public Portal AboutORD08482 /,o,, � SYs z ORDINANCE NO. 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 PREMISES IN THE JEFFERSON CITY MEMORIAL AIRPORT TERMINAL BUILDING TO JAMES H. DAWSON, d/b/a JEFFERSON CITY FLYING SERVICE. 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 James H. Dawson, d/b/a Jefferson City Flying Service, relating to certain space in the Jefferson City Memarial Airport Terminal Building dated the _ day of 1972. Section 2. Said tten lease shall read in words and figures as follows: f •.tom--- . LEASE This Lease is made and entered into on the day of ; 1972, by and between the City of Jefferson, Missouri, Lessor, and James H. Dawson, d/b/a Jefferson City Flying Service, Memorial Airport, Jefferson City, Missouri, Lessee. WITNESSETH: 1. The Lessor hereby leases unto the Lessee and the Lessee .; hereby takes from the Lessor a part of the Jefferson City Airport Terminal Building located in the northeasterly corner thereof cone sisting of a space 10 feet by 20 feet formerly occupied by William G-Asel, d/b/a as Industrial Aviation, for a term of one (1) year, com- mencing on the first day of U� 1972, and terminating on the day of j vAfi- 1973. 2. As rental for the premises, Lessee shall pay to the Lessor during the term of this lease One Hundred Dollars ($100.00) per month payable in advance on the first day of each month, said pay- ments shall be made .to the Jefferson City Memorial Airport Commission. 3. The Lessee shall use the premises in connection with his aviation service operated on the Memorial Airport and any use other than in connection with aircraft activities shall be prohibited without the written consent of the Lessor. fit. The Lessor agrees to furnish for the premises leased, heat and air-conditioning and normal electrical service and shall furnish ordinary janitorial service to the premises. 5. Lessee shall have the right to use all common areas in the Airport Terminal Building in connection with the Lessee's business conducted on the premises in common with the general public and other businesses using the Airport Terminal Building. 6. Lessee may, at its expense, make such alterations and improvements on the premises as Lessee shall desire, but shall first obtain the written consent of the Manager of the Jefferson City Airport before any major alterations or improvements are undertaken. Lessee may erect and maintain reasonable advertising signs in the premises in connection with its business but shall not deface or alter the walls, windows, or other interior to the leased premises without the written consent of the Airport Manager. 7. During the term hereof, the City, through the Airport Commission, and the Manager of the Airport, shall have the right to inspect the leased premises at any and all reasonable times. 8. In the event possession of the leased premises is assumed by the United States of ,America under any emergency powers, the �j. rent due under this lease shall abate for the period of such i. possession. .9. The lessee, its agents and its invitees shall have the right of access to and from the leased premises over public areas used in common at the Airport and Lessee shall have the right to utilize the Airport facilities to the same extent as afforded to other tenants leasing premises in the Airport Terminal Building. { '± 10. Lessee and Lessor agree that the use of the leased premises by the Lessee shall be limited to the time when the Airport Building is open to the public and the Airport Building may be closed and locked by the Airport Manager during the night hours and at other times and the.Lessee during said times shall not have access to the leased premises. 11. Lessee agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all of its customers, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service furnished in connection with the use of the leased ® premises, provided, that Lessee may make reasonable and non- discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. It is understood and agreed that -2- nothing herein contained shall be construed to grant to the Lessee 419or authorize the granting of an exclusive right on the Memorial Airport within the meaning of Section 308 of the Federal Aviation Act of 1958. 12. The Lessee will not, on the grounds of race, color and national origin, discriminate or permit discrimination against any person or group of persons in the use of the leased premises in any manner prohibited by Part 15 of the Federal Aviation Regulations. The Lessor reserves the right to take such action as the United States Government may direct to enforce this covenant. 13. It is understood and agreed between the Lessee and the 4. Lessor that the rights granted by this agreement will not be exercised �1 � . in such a way as to interfere with or adversely affect- the use, operation, maintenance or development of the Airport. �. 14. Lessee agrees to indemnify and save and hold harmless, the Lessor from and against all claims and actions and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to third persons or their r" property, caused by the fault or negligence of Lessee, its agents t' or employees, in .the use or occupancy of said leased premises. Lessee agrees to carry. and keep in force, public liability insurance covering personal injury and property damage and such other insurance as may be necessary to protect Lessor herein from such claims and actions aforesaid. Without limiting its liability as aforesaid, Lessee agrees to carry and keep, in force such insurance with limits of liability of personal injury in a sum of not less than $100,000.00 for any one person and $300,000.00 for any one accident and property damage in a sum not less than $300,000.00 and to furnish Lessor with proper certificates certifying that such insurance is in force. 15. Lessor may terminate this lease by giving written notice to the Lessee if default shall be made by Lessee in the observance -3- or performance of any covenant or agreement herein required to be y kept or performed by it, and such default shall continue for a period of thirty (30) days after written notice specifying such default shall have been given by Lessor to Lessee. Upon termination of this agreement Lessee' s right to use the leased premises shall terminate and Lessee agrees to surrender such .premises immediately, without the receipt of any demand for rent, notice to quit, or demand for possession whatsoever. 16. At the termination of this lease, the Lessee may request the Lessor to lease the premises to it for an additional period of time upon such terms and conditions. that may be agreed upon be- ,r tween the Jefferson City Memorial Airport Commission and the Lessee. 17. The Lessee shall not assign this lease or any rights hereunder, nor sublet the premises or any part thereof to any person without the written consent of the Lessor first had and obtained. 15. All of the covenants, stipulations and agreements in this lease shall extend to and bind the successors and assigns of the Lessee. IN WITNESS WHEREOF, the parties have hereunto set their hands in duplicate the day and year first above written. CITY OF JEFFERSON, MISSO a unici 1 Corp ration 1Recammended by By ort Commission: Mayor Lessor 1 Cha rman JAMES H. DAWSON da JEFFERSON CITY FLYING S7ERVI Les ATTEST: CitY Clerk P ROVAL S FO i City Attorney -4- Section 3. This ordinance shall take effect and be in force r 04wrom and after its passage and approval. PASS �jLd rl1 �--- A ROV : ��- J P e dent of tie ouncit Mayor ATTEST: City C rk F STATE OF MISSOURI ) ss COUNTY OF COLE ) On this day of 1972, before me appeared JOHN G. CHRISTY, to me personal kno n, who being by me duly sworn did say that he is the Mayor o 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. f ' 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. ,r MY Commission Expires My commission expires April 12, 1973 Notary Public Y:+y a 't STATE OF MISSOURI ) s' ) s s. COUNTY OF COLE ) . Ql h On this /D day of d 1972, before me personally appeared JAMES H. DAWSON, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his 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. MI�S)O.i }(PYRES JANUARY 17, 1913 My commission expires _ GOFi: Notary Public' . -5-