HomeMy Public PortalAboutORD09178 BILL No.
ORDINANCE NO. e7l
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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:
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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
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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,
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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.
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(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,
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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
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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.
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(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
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restriction herein contained as to the subletting or assigment of this
lease.
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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
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