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BILL NO.
INTRODUCED BY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND
DIRECTING THE MAYOR AND THE CITY CLERK OF SAID CITY TO EXECUTE,
IN BEHALF OF THE CITY, A WRITTEN AGRE DENT WITH WILLIAM E. ASEL
D/B/A INDUSTRIAL AVIATION COMPANY RELATING TO A FIXED BASE OPERATION
BY WILLIAM E. ASEL AT THE JEFFERSON CITY MEMORIAL AIRPORT.
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 agreement with William
E. Asel d/b/a Industrial Aviation Company, relating to the fixed
base operation by William E. Asel at the Jefferson City Memorial
Airport.
Section 2. Said written agreement shall read in words and
figures as follows :
LEASE
This lease is made and entered into this 1st day of October,
1975, by and between Jefferson City, Missouri, a municipal corporation,
hereinafter designated the 'Owner" or "City" and William E. Asel,
d/b/a Industrial Aviation Company, Cole County, Missouri, hereinafter
'designated the "Lessee" or "Tenant";
WITNESSETH, THAT:
WHEREAS, the City owns and operates in Callaway County, Mis-
souri., the Jefferson City Memorial Airport and said City desires to
grant to Lessee a renewal of Lessee's lease entered into on the
lst day of October, 1970, and to grant to Lessee certain rights
hereinafter more fully described, and pertaining to the use of said
Airport, together with the right to use and enjoy indivi';ivally and
in common with others the facilities referred to; and
WHEREAS, Lessee desire:, to continue to engage in the business
of aeronautics, engine and aircraft repairs, sales and rental of
aircraft, sale of aircraft and engine parts and accessories, flight
instruction, airplane charter trips and local short flights and
®desires to continue to lease certain rights from the City on and at
said Airport.
NOW, THEREFORE:
1. For and in consideration of the covenants and agreements
between the parties hereto hereinafter set forth, said City has ,
and by these presents does lease and demise unto the Lessee, and
the Lessee does hereby take and lease from the City the following
described premises on the following terms and conditions hereinafter
stated:
A tract of land lying within the commercial area of
Jefferson City Memorial Airport described as follows :
Part of the northwest quarter of Section 15, Township
44, Range 11, in the County of Callaway, State of
Missouri, being more particularly described as follows :
From the northwest corner of said Section 15 ; thence
southerly along the west line of said Section 15,
823.85 feet; thence deflecting 60°22 ' to the left 409
feet; thence deflecting 90°00 ' to the right 30.4 feet
to the point of beginning of this description; thence
deflecting 90°00' to the left 210.5 feet ; thence de-
flecting 90°00 ' to the right 80.0 feet ; thence deflecting
90°00' to the right 210.5 feet ; thence deflecting 90°00'
to the right 80.0 feet to the point of beginning of this
description.
comprising approximately 22,600 square feet total, as delineated by
orange and green areas and designated upon a plat of said premises
hereto attached and marked Exhibit "A". The parties hereto agree
® that the orange shaded areas consist of approximately 16,840 square
feet and the remaining green area consists of approximately 5,760
square feet.
2. To Have And To Hold the premises herein described unto
the Lessee, his successors and assigns, for a term of five (5) years
commencing on the 1st day of October, 1975, and terminating on the
30th day of September, 1980, with options to renew the lease at
the expiration thereof for additional five (5) year periods. Each
option to be exercised by the Lessee by giving written notice to
the City of such intention to renew' said lease at least ninety (90)
days prior to the expiration of the initial five (5) year period
and each five (5) year period thereafter. At the expiration of this
lease and at the expiration of each five- (5) years of the terms
thereof, the annual rental for the ensuing five (5) years shall be
determined by negotiation between the City and the Lessee. During
the term of this lease., if Lessee desires to increase the size of
its leasehold and if ground is available adjacent to the leasehold,
the City hereby agrees to honor the Lessee's request and the rental
on the enlargement shall be consistent as to rentals to b e laid and
other conditions of the lease as are in effect on the Airport at
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that time.
1* 3. Lessee has constructed upon the above demised premises a
hangar and a concrete block building which occupy approximately
16,840 square feet and Lessee agrees to pay to the City the sum of
Two Thousand, Five Hundred Twenty-Six Dollars ($2,526.00) annually
for the use of said leased premises, described above, said rental
being $0. 15 per square foot per year and is shown on Exhibit A as
the orange area. Lessee further agrees to pay to the City Three
Hundred Forty-Five and 60/100 Dollars ($345. 60) annually for 5,760
square feet of property adjacent to the above described property,
Osaid amount being determined by multiplying the 5,760 square feet
by $0.6 per square foot per year, said 5,760 square feet of property
is designated on Exhibit A in green. Said total annual rental of
Two Thousand, Eight Hundred Seventy-One and 60/100 Dollars ($2,871.60)
shall be prorated and paid on a monthly basis in advance, the first
monthly rental payment in the amount of Two Hundred Thirty-Nine and
30/100 Dollars ($239.30) shall be due and payable on the first day
of October, 1975, and subsequent payments shall be paid on the first
day of each month thereafter during the term of this lease. Lessee
hall have the right of prepayment of the rental herein provided.
4. Lessee shall have the right at the Jefferson City Memorial
Airport to:
(a) The non-exclusive use, in common with others, of
the airport parking areas, appurtenances and improve-
ments thereon;
(b) The non-exclusive right to install, operate,
maintain, repair and store, subject to approval of
Owner in the interests of safety and convenience
of all concerned, all equipment necessary for the
conduct of Lessee's business ;
(c) The non-exclusive right of ingress to and
egress from the demised premises, which right shall
extend to Lessee 's employees,' passengers , guests,
invitees, and patrons;
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(d) The non-exclusive right at the Jefferson City
Memorial Airport to locate , maintain and operate
full aircraft servicing facilities , to sell air-
craft , engines, accessories , and parts, and to provide
a repair shop for the repairing and servicing of air-
craft engines , instruments , propellors, and
accessories in connection with said business ; the
right to conduct such activities shall apply to air-
craft of other persons as well as aircraft belonging
to Lessee. Said property is not to be used for any
purposes other than those authorized herein without
the written consent of Owner;
(e) The non-exclusive right to store and sell
petroleum products and the non-exclusive right to
give flying instructions and to operate a school
for such purpose;
(f) The non-exclusive right to provide pilots for
operating planes of others and to carry passengers
® and freight for hire, subject to all appropriate
laws of the Federal Government, the State of Missouri,
the ordinances of the City of Jefferson and the re-
quirements of the FAA or any other duly authorized
governmental agency;
(g) The right in common with others authorized so
to do, to use common areas of the airport, including
runways, taxiways , aprons , roadways, floodlights,
landing lights, signals and other conveniences for
the takeoff and landing of aircraft of the Lessee.
upon the payment of such fees as are now or hereafter prescribed by
the Airport Commission and the City.
5. Lessee shall not, at any time during the term of this lease,
or in any manner, either directly or indirectly, assign, hypothecate,
or transfer this agreement of any interest therein, without the
written consent of Owner.
6. - Lessee agrees to observe and obey during the terms of
this lease all laws, ordinances, rules and regulations promulgated
by the Owner and by any other proper authority having jurisdiction
over the conduct of operations at the Airport.
7. During any time when the Airport shall be closed by any
lawful authority restricting the use of the Airport in such a
manner as to interfere with the same by- the Lessee for its business
•operations , the rent- shall abate and the period of such closure
shall be added to t'. ., term, of. this lease so as to extend and post:-
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pone the expiration thereof.
8. Failure of Lessee to pay the rent hereunder within fifteen
(15) days after same shall be due, except as provided in Paragraph
seven (7) shall authorize Owner, at its option and without any legal
proceedings, to declare this lease void, cancel same and re-enter
and take possession of the premises.
9. If Lessee shall violate any of the restrictions in this
lease, or shall fail to keep any of its covenants after written
notice to cease such violation and a reasonable time thereafter
to correct same, Owner may at once, if he so elects terminate the
® same and take possession of the same.
10. Lessee agrees to furnish good, prompt and efficient
service adequate to meet all the demands for service at the Air-
port; to furnish said service on a fair, equal and nondiscriminatory
basis to all users thereof; and to charge fair, reasonable and
nondiscriminatory prices for each unit of sale or service, PROVIDED,
that Lessee may make reasonable and nondiscriminatory discounts,
rebates, or other similar types of prices reductions to volume
purchasers. It is understood and agreed that nothing herein con-
tained shall be construed to grant or authorize the granting of
any exclusive right within the meaning of Section 308 of the Federal
Aviation Act of 1958.
11. . Owner reserves the right to further develop or improve
the landing area of the Airport as it sees fit, regardless of the
views or desires of the Lessee, and without interference or hindrance.
12. Owner reserves the right, but shall not be obligated to
the Lessee, to maintain and keep in repair all landing areas of
the Airport and all publicly owned facilities of the Airport, to-
gether with the right to direct and control all activities of Lessee
0 in this regard.
13. Owner reserves the right to take any action it considers
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necessary to protect the aerial approaches of the Airport Against
ep bstruction, together with the right to prevent Lessee from erecting,
or permitting to be erected, any building or other structure on the
Airport which, in the opinion of Owner would limit the usefulness
of the Airport or constitute a hazard to aircraft.
14. During the time of war or national emergency Owner shall
have the right to lease the landing area or any part thereof to
the United States Government for military or naval use, and if any
such lease is executed, the provisions of this instrument insofar
as they are inconsistent with the provisions of the lease to the
®government shall be suspended.
15. This lease shall be subordinate to the provisions of any
existing or future agreement between Owner and the United States,
relative to the operation or maintenance of the Airport, the ex-
ecution of which has been or may be required as a condition precedent
to the expenditure of Federal Funds for the development of the Airport.
16. It is mutually agreed by the parties hereto that at the
expiration of the term -of the lease or any renewal thereof, if
said Lessee desires to remove any and all buildings or construction
work that he may have put on the above described premises he shall
have the right and privilege to do so, provided he gives to the
said Owner sixty (60) days written notice before the expiration
date of this lease or any renewal thereof, of his intention so to
do, and provided further that the removal of said buildings and con-
struction work from said described premises shall be fully and
completely done not later than ninety (90) days from the date of
the termination of this lease or the removal thereof, and provided
further that in the event there is a forfeiture or termination of
this lease as set out herein, said Lessee shall remove all buildings
and construction work on the above described premises within ninety
(90) days from the date of said forfeiture or of this
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lease, and if said Lessee does not remove said buildings and con-
struction work on said premises as hereinabove set out within the
time as provided herein, said buildings and construction work shall
become the property of said Owner and said Lessee shall have no
further right, title or interest to same.
It is mutually agreed by the parties hereto that all
buildings constructed by Lessee as set out herein shall be used for
aviation purposes as defined in operational agreement between these
said parties and that said Lessee will not use the within described
premises or building in any way contrary .to Federal or state law
or city ordinance.
17. It is mutually agreed by the parties hereto that the
City shall have the right to purchase any and all building con-
structed on said premises by said Lessee for the price and sum
and in the manner as now set our or as may be hereafter set out
and specified by ordinance of the City of Jefferson, Missouri, and
it is further agreed that said Lessee will furnish to the City
within a reasonable time after the completion of all construction
work as herein provided an itemized statement of the cost of said
construction work.
18. Lessee agrees to
. g pay for all utility services, and to
pay all taxes and assessments which may be levied by any govern-
mental agency with respect to the demised premises.
19. The standards of up-keep and maintenance required of
the Lessee under this lease shall be not less than the standards
followed by the City for similar buildings and premises under the
City's control. Any deviation from said minimum standards shall
be brought to the attention of the Lessee by the City and shall
be corrected within ninety (90) days thereafter.
0 20. Lessee may, at its expense, make such alterations in
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the improvements on the premises as it shall desire, but shall
offirst obtain the written consent of the City, which shall not be
unreasonably withheld. In the event Lessee gives written notice
to the City of its intent to make such alterations and no response
is made by City within thirty (30) days thereafter, City shall be
deemed to have consented to such alterations.
21. During the term hereof, the City shall have the right to
inspect said demised premises either by employees or officials
designated by the Airport Commission of the City, at any or all
reasonable times .
22. Lessee agrees that in case of destruction in whole or
in part of said improvements on the premises either by fire or
otherwise, that it will within ninety (90) days thereafter either
(a) repair said damage, or (b) remove the damaged improvement and
the debris resulting therefrom and restore the surface condition
of said demised premises to its original condition, at which date
this lease shall be deemed cancelled. If said destruction is of
such extent that complete rebuilding is necessary, the Lessee may
elect to rebuild and shall have a reasonable period of time in
which to complete said rebuilding, during which period the Lessee
*shall continue to pay the City the rents provided in this lease or
any renewal thereof.
23. . Lessee agrees that it will at all times maintain public
liability insurance in the amounts of $100,000/$300,000 with reputable
insurance companies, which insurance companies shall assure the
obligation of the Lessee to save the City harmless from any and all
claims for damages arising on the demised premises or resulting as
a direct or indirect consequence of the occupation and use of said
demised premises by the Lessee. Copies of said insurance policies
Or certificates of said insurance shall be furnished to the City.
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24. The City shall have no responsibility or liability to
urnish any services to the Lessee other than those specified in
this lease, but Lessee may negotiate with the City for any additional
services it may request and shall pay for such additional services
the consideration as negotiated.
25 . Said Lessee further covenants and agrees that the Lessee
will save harmless the City and the above demised premises at all
times during the continuation of this lease from all damages, claims,
fines, penalties , costs and expenses whatsoever which may result
to the City or to said demised premises or to any improvements at
10 any time situated thereon under the provisions of the Workmen's
Compensation and other statutory provisions of a similar nature.
26. In the event the City should cease to operate or maintain
an Airport adjacent 'to the demised premises, either party may
terminate this agreement by giving written notice of such termination.
27. The Lessee will not, on the grounds of race, color or
national origin, discriminate or permit discrimination against any
person or group of persons in any manner prohibited by Part 15 of
the Federal Aviation Regulations. The City reserves the right to
take such action as the United States Government may direct to enforce
41this covenant.
28. The Federal Aviation Agency and City are hereby granted
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k: the right. and privilege by Lessee to place on and around the above
s
described premises, without cost to the Lessee, whatever instruments
and equipment they desire during the term of this lease so long as
said instruments or equipment do not interfere with the intended
use of the premises by the Lessee.
29. This lease shall be subordinate to the provisions of any
existing or future agreements between the City and the United States ,
Iselative to the operation and maintenance of the Airport, the
execution of which has been or may be required as condition precedent
to the expenditure of Federal funds for the development of the
Airport.
30. Lessee, for itself, its agents and its invitees , shall
have the right of access to and from the demised premises over all
public areas used in common at the Airport, and specifically without
limitation of the foregoing, shall have access for airplanes to and
from the demised premises , to and over thestaxi.ways, ramps and run-
ways and other service areas. Lessee shall have the right to utilize
the Airport facilities to the same extent as afforded to other tenants
leasing premises for hangar facilities.
® 31. Whenever any notice or payment is required by this lease
to be made, given or transmitted to the parties hereto, such notice
or payment shall be. deemed to have been given if enclosed in an
envelope with sufficient postage attached to insure delivery, and
deposited in the United States mail at Jefferson City, Missouri,
addressed to:
CITY . . . . . . . . . . . . Airport Commission
City Hall
City of Jefferson, Missouri
LESSEE . . . . . . . . . . . . William E. Asel, d/b/a
Industrial Aviation Company
Memorial Airport
Jefferson City, Missouri
or such other place as either party shall in writing designate in
the manner herein provided.
32. The Lessee shall not sublease, assign or sell this lease
without first obtaining the written consent of the City, provided,
however, that City agrees not to unreasonably withhold such consent.
33. All amendments to- this lease must be made in writing
by mutual agreement of the parties and no oral amendments shall be
of any force or effect whatever.
IN WITNESS WHEREOF, the parties have hereunto set their hands
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and signatures the day and year first above written.
CITY OF JE SON, MISSOURI,
a Mun pal C porati
Recommended by Airport Commission
By
Mayor
B
Chairman
Attest: INDUSTRIAL AVIATION COMPANY
City y Clerk By_
Lessee
Approval as to Form
if City Attorney
Section 3. This ordinance shall take effect and be in force
T
from and after its passage and approval.
l
PASSED: l!l APPR OVED: ra.
At
resident of tille Council Ma
Attest:
ity Clerk
STATE OF MISSOURI )
ss .
ObOUNTY OF- COLE )
On this -� ► day of _��r , 1.975, before me appeared
Robert L. Hyder to me personally known, who, being by me duly sworn,
t: 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 Robert L. Hyder acknowledged said instrument to be the free act
and deed of said City.
Notary Public
My commmission expires /
STATE OF MISSOURI )
�. s s .
COUNTY OF COLE )
On this day of 1975 , before me appeared
William E. Asel, to me personally known, who, being by me duly sworn,
did say that he executed said lease for and on behalf of Industrial
` . Aviation Company, not a corporation, and acknowledged that he ex-
ecuted the foregoing instrument as his free act and deed.
Notary Public
My commission expires
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OPERATORS' PERMIT
JEFFERSON CITY MEMORIAL AIRPORT
This permit authorizes W.E. A,SIM D/B/A INDUSTRIAL AVIATION CO. ,
to offer the .below listed services to the public, on the Jefferson
' City Memorial Airport, upon payment of the following monthly fees :
Fuel Sales 75.00
Charter Service 25.00
Aircraft Sales F, Service 25.00
Student Instruction 25.00'
( 2 ) Instructors . . . . . . .
TOTAL - - - - - 150.00
This permit is valid until cancelled provided that the permittee
?' promptly pays all rents and fees , and obeys all rules and regulations
established by the Jefferson City Airport Commission.
The Jefferson City Airport Commission reserves the right to cancel
this permit for non-payment of fees, or breach of Airport rules and
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regulations or lease provision.
Affective date this Permit' . ' OCTMM'12 1975
irport Manager
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