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HomeMy Public PortalAboutORD09178 BILL No. ORDINANCE NO. e7l 21 7,r- INTRODUCED BY COUNCIIX AN ORDINANCE OF THE CITY OF JEFFE SON, 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 RICHARD P. TREMAIN AND RUBY TREMAIN. 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 Richard P. Tremain and Ruby Tremain, relating to certain described property at the Jefferson City Memorial Airport. Section 2. Said written lease shall read in words and figures as follows: �: l r LBASS This Lease made and entered into on the lot day of September, 1978s by and between the City of Jefferson and the Memorial Airport Commission of Jefferson City, Missouri, Lessor, and Richard P. Tremain and Ruby A. Tremain, his wife, Jefferson City, Missouri, Lessee. WITNBSSBTH: 1. The Lessor hereby leases unto the Lessee and the Lessee hereby takes from the Lessor as Lessee, the premises situated in the Jefferson City Municipal Airport Terminal Building, commonly known as the Airport Cafe, with certain funishings and fixtures therein for a term of five (5) years commencing on the lot day of September, 1978 and terminating on 31st day of August, 1983. 2. As rental for said Airport Cafe property the Lessee shall pay to the Lessor during the term September 1, 1978 to August 31, 1980 the sum of money equal to five percent (5x) of all gross sales; and from September 1, 1980 to August 31, 1982 the sum of money equal to six percent (6%) of all gross sales; and from September 1, 1982 to August 31, 1983 the sum of money equal to seven percent (7x) of all gross sales. Gross sales shall include the gross sales made by the Lessee in the Airport Cafe and include all amounts received by the Lessee from vending machines located in the Airport Terminal Building. Said monthly payments shall be made in cash, money order or bank draft. The term "gross sales" as used herein shall include: (a) The selling price of all merchandise, and the amounts received by Lessee from vending machines, sold by the Lessee whether for cash or for credit, and in case of sales on credit, whether pay- ment is actually made or not, and (b) The charges made by the Lessee or by anyone on Lessee's behalf for the rendition to Lessee's customers for services of any kind whatsoever. Any sales or use tax which Lessee may be required to collect and account for to any govermental agency shall not be included in determining said "gross sales". (c) Lessee shall, for the purpose hereof, install and main- tain an adequate record system by which will be recorded the receipts • from all gross sales and other transactions had in and upon said premises t in connection with the Lessee's business, and Lessee shall keep same on file for a period of not less than five (5) years, and will give to the Lessor and Lessor's agents the privilege at any time during business hours of inspecting and examiming Lessee's papers, bills, -1- vouchers, records, books of account, and sales slips, and Lessse will freely lend all assistance required by the Lessor in making such in- spection, examination or audit to determine the gross sales and re- ceipts of Lessee upon which the rental payments are made under this lease. (d) Lessee shall, for the purpose of ascertaining the amounts payable as rent for any period as above provided keep records which will show daily gross sales and receipts of the Lessee in and from the oper- ation of the Airport Cafe, and further agrees to deliver to the Lessor monthly duplicate statements of the total gross sales and receipts of Lessee, and Lessee further agrees, if demanded by Lessor, to exhibit to the Lessor or its agents all sales tax returns and all state and federal income tax returns for inspection to determine whether or not Lessee has properly computed the rental due under this lease. (e) Payment of the rent due under this lease shall be made monthly and shall be due and payable to the City Collector of Jefferson City on or before the 20th day of the succeeding month. 3. Lessor covenants and agrees: (a) The Lessor agrees that it has furnished to the Lessee the carpet, sun screens, fire extinginsher system and the Lessee is authorized to use this equipment belonging to the Lessor and Lessee agrees to main- tain and keep in good repair the carpet and sun screens at its own expense, ordinary wear and tear excepted. . (b) Lessor agrees to furnish all heat, air-conditioning, light and fuel for cooking in the "Airport Cafe". (c) That Lessor will put the Lessee in possession of the demised premises, and the Lessee paying the rent hereby reserved and paying for the maintenance and repair of the equipment hereby furnished to the Lessee by the Lessor, and observing and performing the several covenants and provisions herein provided to be performed on the part of the Lessee, shall peaceably hold and enjoy the demised premises, within the terms hereof without interruption from the Lessor. i (d) Lessor will maintain fire, liability and extended coverage upon said building and equipment owned by Lessor in said building. • k. The Lessee covenants and agrees: ;•: (a) To furnish all dishes and cooking utensils and all . furniture and fixtures necessary for the operation of the Airport Cafe, t.4.. - and further agrees to maintain and pay all bills for the repair and maintenance of equipment furnished by the Lessor, ordinary Wear and tear excepted. (b) To pay the rent at the time and in the manner herein approved to the Lessor or its order at the City Hall, Jefferson City, Missouri, or such other place as may be designated by the Lessor. (c) To use the property for the operation of a restaurant and for no other purposes. (d) Not to assign this lease or sublet said premises, or any part thereof, without first obtaining the written consent of the Lessor. (e) Not to make any alteration or remodeling of any kind on said premises without first obtaining the written consent of the Lessor. (f) To take care of and fairly treat the building and premises and all equipment furnished by the Lessor, and to keep the premises free from filth and danger of fire, and to pay for all garbage disposal from the Airport Cafe. (g) To permit the Lessor, or its authorized agents, to enter said premises at any time for the purpose of inspecting or making repairs, and for all other purposes. (h) To operate said restaurant seven (7) days a week during the following hours: On Monday through Friday 6:30 a.m. to•4:00 p.m.; on Saturday 8:00 a.m. to 1:00 p.m.; and Sunday 10:00 a.m. to 4:00 p.m. Lessee may operate said Airport Cafe at any other hours upon first ob- taining approval from the Airport Commission. (i) To provide food and other restaurant services at reason- able prices and to pay wages comparable to those paid by other similar businesses in the area of Jefferson City. (j) If any default shall be made in the pyment of the rent or any part thereof at the time provided for the rent to be paid, or of any other covenant of this lease, the Lessee will upon written demand quit and surrender to the Lessor peaceful possession of the premises f f and of all furniture and fixtures furnished by the Lessor, however, Lessee will be required to pay all rental moneys due the Lessor to the f , date Lessee quite the premises. -3- (k) At the 'termination of this lease, whether at the ex- piration of the term or upon forfeiture, Lessee agrees to surrender peace- ful possession of said premises and all equipment furnished by the Lessor, in good condition, usual wear and tear and providential destruction ex- cepted. (1) Lessee agrees not to discriminate against any person de- siring service at said Airport Cafe "because of race, religion, color or national origin. (m) The Lessee will clean and maintain the said premises leased to him in suitable condition for Lessee's business. (n) At the termination of this lease, the Lessor retains the option of first refusal to purchase the b!rport restaurant equipment from the Lessee. 5. It is mutually agreed; (a) That in the event that the premises leased hereunder is destroyed without fault of the Lessee this lease shall terminate. (b) That if the building and premises are damaged without fault of the Lessee so as to render the premises untenantable, and the same cannot be restored to a condition substantially as good as prior to the damages, within forty-five (45) days, either party may terminate this lease by giving the other party written notice thereof within ten (10) days after the damage. In the event of damage to the building and premises, and the lease is not terminated, the Lessor will, as promptly as possi- ble, restore same to a condition substantially equal to its condition before the damage. (c) That Lessee will notify the Lessor on or before June 1, 1983, whether or not Lessee desires to lease the premises, at a rental to be agreed upon by the parties, for a further period after this lease expires on August 31, 1983. (d) That any notice provided for herein may be given to the parties by personal service or by registered mail addressed to the Lessor at City Hall, Jefferson City, Missouri, or to the Lessee at the premises herein leased. (e) That this Agreement shall be binding. upon the parties, their executors, administrators, heirs and assigns subject always to the r, restriction herein contained as to the subletting or assigment of this lease. .4_ r IN WITNESS WHXREOF, the parties have hereunto set their hands in duplicate the day and year first above written. Recommended by CITY OF JEFFERSONO MISSOURI Airport Commission a Municipal orpor ion B/il- Chairman or ATTEST: Lessor Richard P. Tremain it C1 rk Ruby A. 'Tremain Lessee City Attorney APP AS TO FO City Attor Section 3. This ordinance shall take effect and be in force from nd after its passage and approval. P SED: APPROVED: t, Date 7 Date r d nt of o ncil • ATTE City Cler _5�