HomeMy Public PortalAboutORD08641 BILL NO.
NO.
ORDINANCE
INTRODUCED BY COUNCILMAN
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 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 P. Tremain and Ruby Tremain, relating to certain described
property at the Jefferson City Memorial Airport.
Section 2. Said written lease shall read in words and
figures as follows :
Amok
LEASE
This Lease made and entered into on the lst day of May, 1974 ,
by and between the City of Jefferson and the Hemorial Airport
00 mmission of Jefferson City , Missouri , Lessor , and Richard P.
Tremain and Ruby A. Tremain, his wife , Jefferson City, Missouri ,
Lessee.
WITNESSETH :
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 three (3) years commencing on the 1st day of
May, 1974, and terminating on the 30th day of April , 1977 .
2 . As rental. for said Airport Cafe property, and furnishings
Wnd 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
edit, 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 shall
not be 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
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 three
03) 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 ,
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and sales slips , and Lessee will freely lend all assistance required
by the Lessor in making such inspection, examination or audit to
Op termine 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 all state and federal income tax returns for inspection
to determine whether or not Lessee has properly computed the rental
Se 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
furniture and fixtures furnished by the Lessee , and the Lessee is
authorized to use the furniture and fixtures belonging to the Lessor
and Lessee agrees to keep all furniture and fixtures furnished by
0 e 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
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 and
enjoy the demised premises , within the terms hereof without inter-
tion from the Lessor.
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(d) Lessor will maintain fire , liability and extended
coverage upon said building and furniture and fixtures owned by
ossor 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
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 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.
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(c) To use the property for the operation of a restaurant
and for no other purposes .
(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 and all furnishings and fixtures furnished by the Lessor,
d 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 4: 00 p.m. ;
on Saturday 8 : 00 a.m. to 1 : 00 p .m. ; and on Sunday 10 : 00 a.m. to
4 : 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
asonable prices and to pay wages comparable to those paid by other
similar businesses in the area of Jefferson City.
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(j ) If any default shall be m"-de in the payment of the
rent or any part thereof at the time provided for the rent to be
0 aid, or of any other covenant of this lease , the Lessee will upon
ritten 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
siring 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 .
S . 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
Qay terminate this lease by giving the other party written notice
thereof within ten (10) days after the damage. Ili 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 condition
substantially equal to its condition before the damage .
(c) That Lessee will notify the Lessor on or before
February 1, 1977, 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 , 1977.
(d) That any notice provided for herein may be given to
ie 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.
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(e) That this Agreement shall be binding upon the parties ,
their executors , administrators , heirs and assigns subject always
o 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.
Recommended by CITY OF JEFFERSON, MISSOURI
Airport Commission a Municipal Corporation( W
By r
air an 1,77 r
Lessor
v
ATTEST:
Ri.c iar P, Tremain
A ty r
Ruby remain
Lessee
APPROVAL AS TO FORM:
City Attorney
Section 3. This ordinance shall take effect and be in force from
and after its passage and approval .
PASSED: APPROVED:
Date 7 Date
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P si ent of t o ounc 1 a or
W
ATTEST:
a ty
ric
Ab
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