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HomeMy Public PortalAboutORD08837 r i r BILL NO. INTRODUCED BY COUNCILMAN - 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 PROPERTY AT THE JEFFERSON CITY MEMORIAL AIRPORT LEASED TO THE STATE HIGH- WAY COMMISSION OF THE STATE OF MISSOURI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section I, 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 the State Highway Commission of the State of Missouri, relating to certain. described property at the Jefferson City Memorial Airport. Section 2. Said written lease shall read in words and figures as follows: NET GROUND LEASE This lease made and entered into this � r T / / Cy by and between Jefferson City, Missouri., a municipal corporation, hereinafter designated as "City" and the State Highway Commission of the State of Missouri, hereinafter designated as "Tenant". WIT'NESSETH THAT : For and in consideration of the covenants and agreements between the parties hereto hereinafter set forth, said City has, ai:d by these presents does lease and demise unto said Tenant the ® following premises upon the following terms and conditions : 1. DEMISED PREMISES. 'Demised Premises" as the term is used in this lease shall be that certain tract of real estate described as follows : Part of the northwest quarter of Section 15, Town- ship 44, Range 11, in the County of Callaway, State of Missouri, being more particularly described as follows : From the northwest corner of said Section; thence southerly along the west line of said Section 15, 823.85 feet; thence deflecting 60° 22' to the left 312.05 feet; thence deflecting 90° to the right 30 feet to the point of beginning of this description; ® thence continuing straight 64.6 feet; thence de- flecting 90° to the right 78 feet; thence deflecting 90° to the right 64. 6 feet; thence deflecting 90° to the right 78 feet to the point of beginning. d comprising approximately 5,039 square feet total, as delineated by red and green areas and designated upon a plat of said premises hereto attached and marked Exhibit "A". The parties hereto agrea that the green shaded area consists of approximately 3,020 square feet and the remaining open red area consists of approximately 2,019 square feet . 2. PURPOSE.. Tenant shall use said demised premises for the ipurpose of storing, maintaining and repairing aircraft owned or controlled by the Tenant and purposes reasonably incidental thereto. h . Any .use other than connected with aircraft activities shall be AM IV only with the consent of the City. 3 . TERM. The term of this lease shall be For five (5) years , beginning I j c' L and ending �� �� �_ �9Ay_, with options to renew the lease at the expiration thereof for additional five (5) year periods . Each option to be exercised by the Tenant by giving written notice to the City of such in- tention 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 df this lease and at the expiration of each five (5) years of the term thereof, the annual rental for the ensuing five (5) years shall be determined by negotiation between the City and the Tenant. 4. R.�:";. In consideration of the leasing aforesaid, Tenant hereby covenants and agrees to pay to City as rent for said demised premises the sum of Five Hundred Seventy-Four Dollars and 14 cents ($574. 14) annually at the present rate of x . 15 per square foot per year for area shaded .green on the attached Exhibit "A", and $ .06 per square .Foot per year. for area shaded red which said sum shall be paid in equal annual installments , the first annual installment to be paid upon execution of this lease and all subsequent annual installments shall be due and payable on the 1st of� of each and every year hereafter, 5 . UTILITIES. Tenant may at its own expense extend water., sewerage and other utility services to the property line of the demised premises nearest to such existing facilities. Such rights shall include the right to connect with Airport sewage system at the cost of the Tenant. 6. CONSTRUCTION. Tenant has constructed an airplane hangar upon the above described premises . The purpose of this lease is -2- 1 to continue to occupy the above described premises under the same terms and conditions as other tenants are paying for the lease of property on the Airport owned by the City. 7. UTILITY SERVICES AND TAXES OF OTHER GOVERNMENTAL AGENCIES . Tenant agrees to pay for all utility services , and to pay all taxes and assessments which may be levied by any governmental agency with respect to the demised premises . 8. MAINTENANCE. The standards of up-keep and maintenance required of the Tenant under this lease shall be not less than the standards followed by the City for similar vuilJings and premises ® under the City 's control. Any deviation from said minimum standards shall be brought to the attention of the Tenant by the City and shall be corrected within ninety (90) days thereafter. 9. ALTL;.ATIONS. Tenant may, at its expense, make such alterations in the improvements as it shall desire, but shall first obtain the written consent of the 'City, which shall not be un- reasonably withheld. In the event Tenant gives written notice to 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. 10. INSPECTION. 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 City, at any or all reasonable times. 11. DAMAGE BY FIRE AND OTHER CAUSES. Tenant agrees that in case of destruction in whole or in part of said improvements either by fire or otherwise, that it will within ninety (90) days there- after 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, -3- wow at which date this lease shall be deemed cancelled. If said destruction is of such extent that complete rebuilding is necessary, the Tenant may elect to rebuild and shall have a reasonable period of time in which to complete said rebuilding, during which period the Tenant shall continue to pay the City the rents provided in this lease or any renewal thereof. 12 . INSURANCE. Tenant is unable to maintain in the name of the Tenant public liability insurance as required by Ordinance No. 8317 of Jefferson City. Tenant agrees that it will at all times cause its pilots of its airplanes using the demised premises to maintain public liability insurance in the amounts of not less than $100, 000/$300,000 with reputable insurance companies, which ® insurance shall insure the Tenant against any and all claims for damages arising from the use, control, or maintenance of aircraft on the demised premises by the Tenant or its employees. Copies of said insurance policies or certificates of said insurance shall be furnished to the City. 13. NATIONAL EMERGENCY. In the event possession of the demised premises and the improvements thereon is assumed by the United States of America under any emergency powers, the rent due under this lease shall abate for the period of such possession. In such event the Tenant shall not be responsible for any of the other covenants in this lease until possession by the United States of America shall terminate. In the further event that Tenant shall be reimbursed by the United States of America for its assumption of possession, then the rental provisions of this lease shall re- main in effect, but provided further, however, that if said re- imbursement is less than the amount of rental herein provided, the Tenant shall be required to pay to the City only such amount of -4- • r reimbursement as it shall receive from the United States of America . 14. F.A.A. AND AIRPORT 'INSTRUMENTS. The Federal Aviation Agency and City are hereby granted the right and privilege by Tenant to place on and around the above described premises , without cost to the Tenant, 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 Tenant. 15. AERIAL APPROACH. The City reserves the right to take any action it considers necessary to protect th► ! aerial approaches of the Airport against obstruction, together with the right to prevent the Tenant from erecting or permitting to be erected, any building or other structure on the Airport which, in the opinion ' of the Airport Commission, would limit the usefulness of the Air- port or constitute a hazard to aircraft. 16. SUBORDINATION. This lease shall be subordinate to the provisions- of any existing or future agreements between the City and the United States, relative 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. 17. ACCESS AND PUBLIC TAXIWAY. Tenant, 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 the taxiways, ramps and runways and other service areas . Tenant shall have the right to utilize the Airport facilities to the same extent as afforded to other tenants leasing premises for hangar facilities . -5- 18. OWNERSHIP OF IMPROVEMENTS . The Tenant shall be the owner of all of the improvements which it makes on the demised premises at its expense. Upon the termination of this lease, or any renewal thereof, Tenant shall have the right to remove the said improvements at the cost of the Tenant, it being the purpose of the parties that the title to said improvements shall not inure to the City through the theory of annexation. In the event Tenant elects to remove the improvements, Tenant shall at its cost re- store the demised premises to their condition prior to the placing of the improvements thereon. 19. CITY'S OPTION TO PURCHASE. The City reserves the right to purchase the improvements constructed on the premises by the Tenant at any time during this lease or any renewal thereof, or at the termination thereof on the following terms : The actual. cost of the improvements, to be substantiated by actual invoices covering labor and materials at the time of the improvements, shall be furnished to- the City. In the event the City shall exercise its right to buy the improvements, the price to be paid the Tenant shall be determined by the actual cost of construction of said improvements, depreciated at the rate of three per cent (3%) per Ash annum from the time the improvements were constructed until the time the City exercises its option to purchase said improvements . In the event the City desires to exercise said option 'to purchase, it shall give to the Tenant, in writing, notice of its intention to purchase said improvements six (6) months prior to the purchase thereof. If City gives notice as aforesaid, of its intent to exercise this option to purchase, Tenant may elect to retain and remove said improvements from the demised premises at its own cost and at no cost to the City and Tenant shall also at its cost restore the demised premises to their condition prior to the placing of . -6- the improvements thereon. ® 20. SERVICES.VICES. The City shall have no responsibility or liability to furnish any services to Tenant other than those specified in this lease, but Tenant may negotiate with City for any additional services it may request and shall pay for such ad- ditional services the consideration so negotiated. 21. WORKMEN'S COMPENSATION. Said Tenant further covenants and agrees that the Tenant will save harmless said 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 said City or to said demised premises or to any improvements at any time situated thereon under the pro- visions of the Workmen's Compensation Act and other statutory provisions of a similar nature. 22 . AIRPORT CLOSURE. In the event 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. 23. DEFAULT. Tenant agrees that if default be made by it in payment of rent when due and if said default continues for more than thirty (30) days after written notice, the City may elect to ' declare this lease forfeited, in which event Tenant shall surrender possession of said premises peacefully to the City. If Tenant shall default in any of the other covenants herein contained and shall continue in such default for a period of ninety (90) days after notice thereof in writing from the City, the City shall have the election to declare this lease forfeited and thereupon the Tenant shall surrender possession of said demised premises peace- fully. . In the evert of any such forfeiture, Tenant shall have the right to remove the improvements from the demised premises as -7- y provided herein with respect to removal on termination of the lease, ® except that City may require any back rental payments to be made before allowing such removal. 24. ANTI-DISCRIMINATION CLAUSE. The Tenant 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 this covenant. 25. NO DISCRIMINATORY CHARGES . Tenant a,Irec:s to furnish ® service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Tenant may reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers . 26. NOTICE. 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 en- closed 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 , TENANT . . . . . . . . . . . . . . . . The State Highway Commission of Missouri State Highway Building Jefferson City, Missouri or such other place as either party shall in writing designate in the manner herein provided. 27. The Tenant shall not sublease, assign or sell this lease without first obtaining the written consent of City, how- ever, City agrees not to unreasonably withhold such consent. -8- 28. All amendments of this lease must be made in writing by mutual agreement of the parties, and no oral amend- ments shall be in force or effect whatever. IN WITNESS WHEREOF, the parties have hereunto set their hands and signature the day and year first above written. CITY OF JEFFERSON, MISSOURI, Recommended by a Munic ' rporatio Airport Commission: ayor Chairman ATTEST: STATE HIGHWAY COMMISSION OF MISSOURI (Tenant) C ' y Clerk By. hairman APPROVAL AS TO FORM: ATTEST: City Attorney Secretary APPR D AS TO FORM: e C Kunirel J -9- STATE OF MISSOURI ) ss. COUNTY OF COLE On this & day of , 1976, before me appeared ROBERT L. HYDER, to me persona ly 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 ROBERT L. HYDER acknowledged said instrument to be the free act and deed of said City. 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. / --� Notary Public My commission expires /a STATE OF MISSOURI ) ss. COUNTY OF COLE ) On this da o //'u��. 1976, before me per- sonally appeared , to me personally known, who, being by me dul5K sworn, did say that he is L 21 of the State Highway Commission of Missouri; that said instrument was signed in be a f f aid State Highway Commission of Missouri; and the said acknowledgedsaid instrument to be the free ct and deed of said State Highway Commission of Missouri. 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. 4tary Public My commission, expires io --la -- 7- -10- c� i J c` o r . r L .r C4 ct �7�V 'D �/'�' �jr �N o • • 1