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Home My Public Portal AboutORD08953 r . • a..A SILL NO. irq INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDIAACNE 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 AIR- PORT LEASED TO THE NEW JEFFERSON CITY FLYING SERVICE. AS YOU.WILL SEE IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY COUNCIL OF JEFFERSON, MISSOURI. 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 the New Jefferson City Flying Service relating to the certain described property at the Jefferson City Memorial Airport. Section 2. Said written lease shall read in words and figures as follows: �r i NET BUILDING LEASE This lease made and entered into this day of , 1977, by and between Jefferson City, Missouri, a municipal hereinafter designated as "City" and The New Jefferson Cit. Service, Jefferson City, Missouri, hereinafter designated as "Tenant',. WITNESSETH THAT: For and in consideration of the covenants and agreements between the par- ties hereto hereinafter set forth, said City has, and 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 building known as the old City Maintenance Build- ing located on the West end of the South T-hangers on the Jefferson City Memorial Airport. 2. PURPOSE., Tenant shall use said demised premises for the purpose of storing, maintaining and repairing aircraft owned or controlled by the Tenant and purposes reasonably incidental thereto. Any use other than connec- ted with aircraft activities shall be only with the consent of the City. 3. TERM. This lease shall be a month to month lease beginning March 1, 1977 with either party having the right to cancel same by giving the other party (30) days prior notice. 4. RENT. In consideration of the leasing aforesaid, Tenant hereby cove- nants and agrees to pay to City as rent for said demised premises the sum of Fifty Dollars permonth paid monthly in advance for each month so occupied. 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. UTILITY SERVICES AND TAXES OF OTHER GOVERNMENTAL AGENCIES. Tenant agrees to pay for all utility services, and to pay all taxes and assessments which maybe levied by any governmental agency with respect to the demised premises. 7. 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 buildings 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. 8. ALTERATIONS. 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 unreasonably withheld. In the event Tenant gives written notice to City of its intent to make such alterations and no re- sponse is made by City within thirty (30) days thereafter, City shall be deemed to have consented to such alterations. 9. 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. 10. INSURANCE. Tenant agrees that it will at all times maintain public liability insurance in the amounts of $100,000/$300,000 with reputable insur- ance companies, which insurance shall assure the obligation of the Tenant 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 occu- pation and use of said demised premises by the Tenant. Copies of said insur- ance policies or certificates of said insurance shall be furnished to the City. 11. 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 Amok 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 remain in effect, but provided further, however, that if said reimbursement is less than the amount of rental herein provided, the Tenant shall be required to pay to the City only such amount of reimbursement as it shall receive from the United States of America. 12. SUBORDINATION. This lease shall be subordinate to the provisions of any existing or future agreement 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 -2- t of Federal funds for the development of the Airport. 13. ACCESS AND PUBLIC TAXIWAY. Tenant, for itself, its agents and its TW 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 limi- tation of the foregoing, have access for airplanes to and from the demised premises, to and over tht, _-iiiways, 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. 14. SERVICES. The City shall have no responsibility or liability to furnish ✓any services to Tenant other than those specifid in this lease, but Tenant may negotiate with City for any additional services it may request and shall pay for such additional services the consideration so negotiated. ® 15. 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 provisions of the Workmen's Compensation Act and other statutory provisions of a similar nature. 16. AIRPORT CLOSURE. In the event City should cease to operate or main- tain an airport adjacent to the demised premises, either party may terminate this agreement by giving written notice of such termination. 17. 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 posses- sion of said demised premises peacefully. In the event of any such forfeiture, Tenant shall have the right to remove the improvements from the demised premises as 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. -3- 18. ANTI-DISCRIMINATION CLAUSE. The Tenant will not, on the grounds of race, color, or national origin, discriminate or permit discrimination against any person or groups 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. 19. NO DISCRIMINATORY CHARGES. Tenant agrees 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 make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume pur- chasers. 20. 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 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 . . . . . . . . . . . . . . . . . Jefferson City Airport Commission P.O. Box 1082 Jefferson City, Missouri TENANT . . . . . . . . . . . . . . . . New Jefferson City Flying Service P.O. Box 1315 Jefferson City, Missouri or such other place as either party shall in writing designate in the manner herein provided. 21. The Tenant shall not sublease, assign or sell this lease without first obtaining the written consent of City, however, City agrees not to unreason- ably withhold such consent. 22. All amendements of this lease must be made in writing by mutual agree- ment of the parties, and no oral amendments shall be in force or effect whatever. IN WITNESS WHEREOF, the parties have hereunto set their hands and signa- tures the day and year first above written. Recommended by Airport Commission; CITY OF ON, MISSOURI a Mun i 1 r atio y: r Chairman r AIVAT; 1 'ity Clerk Ne Jef son City Flying Service Tenant -4- APPROVAL AS TO FORM: City Attorney Section 3. This ordinance shall take effect and be in force from and after its passage and approval.. PAS AP VED: P esident the Council ATTEST: City Clerk -5- h" Khti