HomeMy Public PortalAboutORD08837 r
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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.
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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.
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Any .use other than connected with aircraft activities shall be
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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
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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,
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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
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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 .
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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
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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
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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
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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.
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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
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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-
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