HomeMy Public PortalAboutORD08981 BILL NO. ...� ..10�..� ...._
INTRUDUCED BY COUNCILMM
• 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 THR JEFFERSON CITY
NEMORIAL AIRPORT LEASED TO THE CONSERVATION COMMISSION OF THE STATE OF
MISSOURI.
BS IT ORDAINED BY THE CITY COUNCIL OF THS CITY OF JEFFERSON, MISSOURI
AS FOLLOWS:
Sectiou 1. The Mayor and the City Clerk of the City of Jefferson,
Missouri are hereby authorized and directed, for and in the male of the
City, to execute a written lease with the Conservation Comission 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. £ollows:
NET GROUND LEASE
1st dayy of
This lease wade and entered into this September.- 1976 by and between
Jefferson City, Missouri, a municipal corporation, hereinaftsr designated
as "City" and Missouri Conservation Commission hereinafter designated
as "Tenant".
WITNESSISTH THAT.,
For and in consideration of the covenants and agreements between the parties
hereto hereinafter not 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. DEMIS@R PREMZSKS. "Demised Premises" as the term is used in this lease
shall be that certain tracts of real estate described as follows:
Part of the northwest quarter of Section 150 Township 44, Range 11,
in the County of Callaway, State of Missouri, being particularly described
as follows:
From the northwest corner of said Section 15; thence southerly
along the vest line of said Section 15, 823.85 feet; thence
deflecting 60 degrees 22' to the left 435.26' thence to deflecting
90 degrees to the right 30 feet to the point of beginning of
this deacription; thence continuing straight 78 feet 6" thence
deflecting 90 degrees left 83 ft 4" thence deflecting 90 degrees
left 18.6" thence deflecting 90 degrees left 83.4' to the point
of beginning
comprising approximately 6,555 square feet total, as delineated by red and
green areas, and designated upon a plat of said premises as hereto attached
and marked Exhibit ' . " (A). The parties hereto agree that the green shaded
area consists of approximately 3,539 square feet and the remaining red area
consists of approximately 3,016 square feet.
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 connected with
aircraft activities shall be only with the consent of the City.
3., TitRK The term of this lease khall be for five (5) years, beginning
September 1, 1976and ending Se2tember 1,198) ith 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 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 ex-
piration of each five (5) years of the tern thereof, the annual rental for
the ensuing five (5) years shall be determined by negotiation between the
City and the Tenant.
4. .= In consideration of the leasing aforesaid, Tenant hereby covenants
and agrees to pay to City as rent for said demised premises the sins of
$711.81 annually at the present rate of $.15 per square Poor per year for
area shaded green on the attached Exhibit "A", and $.06 per square fook
per year for area shaded red which said sun 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 September of each and every year hereafter.
5. UTILITIES Tenant nay 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 connext
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 to authorize the Tenant
® to continue to occupy the above described premises under the same terms and
conditions as other tenants are paying for Che lease of property on the
Airport owned by the City.
7. UTILITY SERVICES AND TAXES OF OTHER GOVERMIENTAL 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. HAINTENANCEThe 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 mininum standards shall be brought to the attention of
the Tenant by the City and shall be corrected within ninety (90) days
thereafter.
. ALTERATIONS Tenant may, at its expense, make such alterations in the
improvements an 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 response is made by City within thirty (30) days thereafter, City shall
be deemed to have consented to such alterations.
10. INSPECTION.ECTION. 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 other-
wise, that it will within ninety (90) days thereafter either (a) rdpair said
damage, or (b) remove the damaged improvement and the debris resulting there-
from and restore the surface condition of said demised premises to its
®original condition, at which date the 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. The Tenant will maintain in the name of the Tenant liability
insurance as required by ordinance No. 8317 of Jefferson City, or in the names
of the pilots of its airplanes using the demised premises liability insurance
with the minimum amounts of $100,000/$300,000 with reputable insurance
companies, which insurance will save the City harmless from any and all claims
for damages arising from the ownership, maintenance or use of the aircraft
owned by the Tenant. 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 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
14. F.A,A t 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 promises by the Tenant.
15. AERIAL. APPROACH. The City reserves the right to take any action it
considers necessary to protect the 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, .
Ask In the opinion of the Airport Commission, would limit the usefulness of the
Airport min constitute a hazard to aircraft.
16. SUBORDINATION. Zhis lease shall be subordinate to the provisiops of
.i
any existing or future agreements between the City amd 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 now extent as afforded to other tenants leasing premises
for hangar facilities.
18. OWNERSHIP OF IMPROV1MZNTS9 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 restore the
demised premises to their condition prior to the placing of the improvements
thereon.
19. CITY 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 sais improvements,
depreciated at the rate of three per cent (3%) per annum from the tine 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 rmnove
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 de*ised premises to
their condition prior to the placing of the improvements thereon.
20. SERVICES The-City shall have no resp9nsibility or liability to
Furnish any services to Tenant other than those specified in this lease,
but Tenant say negotiate with City for any additional services it may request
&nd shall pay for such additional services the consideration so negotiated.
21. WORKMZN'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.
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
rant 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 dovenants 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
f
surrender possession 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 beck 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, discrialw%to or permitdiscrimination 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 way direct to enforce this covenant.
25. NO DISCRIMINATORY CHARGES. Tenant agrees to furnish service on a
fair, equal andsunjustly discriminatory basis to all users thereof, and to
charge fair, reasonable and not unjustly discriminatory prices for each
u9it or service; provided, that Tenant may sake reasonable and nondiscrisina-
® tory discounts, rebates, or other similar types of price reductions to
volume purchasers.
26. NOTICN Whanever 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 dewed 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 Cap ission
P. 0. Box 1082
City of Jefferson, Missouri
TENANT . Missouri Dept of Conservation
Allk
2901 North Ton Mile Drive
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, however, City agrees not to un-
reasonably withhold such consent. '
28. All amendments 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 sign-
atures the day and year first above written.
A
Recosmanded by CITY OF JEF SON$ MISSOURI,
Airport Comiission: a Munic al rpora ion
By B
Chairman
ATTEST: MISSOURI DEPT OF CONSERVA ON
B y
ty Clerk Director
r
APPROVAL FORM:
City At rney
Section 3. This ordinance shall take effect and be in force from and after
its passage and approval.
PASSED: APPR
Presi nt of the Council
ATTEST:
ty Clerk
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