HomeMy Public PortalAboutORD09285 r
Bill No.
Introduced by Councilman /
Awift dinance No.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE
NUMBER 9028 RELATING TO A LEASE ON CERTAIN PROPERTY AT THE JEFFERSON
CITY MEMORIAL AIRPORT LEASED TO THE NEW JEFFERSON CITY FLYING SERVICE,
INC. AND ENACTING A NEW ORDINANCE RELATING TO THE SAME SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI
AS FOLLOWS:
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,
Inc. , relating to certain described property at the Jefferson City Memorial
Airport.
Section 2. Said written lease shall read in words and figures
as follows:
Part of the Northwest Quarter of Section 15, Township 44,
Range 11, in the County of Callaway, State of Missouri, being more
particularly described as follows:
From the Northwest corner of New Madrid Private Survey
No 2638; thence S 40 30' IE along the west line of Section
15, Township 44, Range 11, 823.85 feet; thence S 640 52' E,
809.76 feet; thence S 50 46' E, 522.27 feet; thence S 840
17' W, 44.05 feet; thence N 50 46' W, 15.0 feet to the point
of beginning for this description; thence N 50 46' W, 150.0
feet, thence S 840 17' W, 75.0 feet; thence S 50 46' E, 150.0
feet; thence N 840 17' E, 75.0 feet to the point of beginning.
comprising approximately 11,250 square feet total, as deliueated by red and
green, and designated upon a plat of said premises hereto attached and marked
Exhibit ."A". The parties agree that the green shaded area consists of approx-
imately 7,200 square feet and the remaining open red area consists of approx-
imately 4,050 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.
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3. TERM. The term of this Lease shall be for five (5) years, begin-
ning September 1, 1977 and ending September 1, 1982, 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 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 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.
During the term of this Lease, if Tenant should desire to increase the size
of its leasehold and if ground is available adjacent to the present leasehold,
the City hereby agrees to honor the Tenant's request and the rental on the
enlargement shall be consistent as to rentals to be P aid and other conditions
of the lease as are in effect on the Airport at that time.
4. RENT. In consideration of the leasing aforesaid, Tenant hereby
covenants and agrees to pay to City as rent for said demised premises the sum
of One Thousand-Three Hundred and Twenty Three Dollars and no cents ($1,323.00)
annually at the present rate of $.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 wonthly installments in the
amounts of $110.25, the first monthly installment to be paid upon execution of
this Lease and all subsequent monthly installments shall be due and payable on
the 1st day of each and every month hereafter. In the event Tenant erects a
structure upon any part of the area shaded red during the term of this Lease,
the rental rate persquare foot for any such area shall automatically increase
from $.06 to $.15 pro rated from the time such structure is put in use.
5. UTILITIES. If Tenant contracts for and commences construction
of a hangar then the 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.
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6. UTILITY SERVICES AND TAXES 0£' OTt1ER GOVERNMENTAL AGRNCIES.
Tenant agrees to pay for all utility services, and to pay all taxes and assess-
ments which may be 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 there-
after.
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 response 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 de-
signated by the Airport Commission of City, at any or all reasonable times.
10. 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) repair said
damage, or (b) remove the dawaged improvement and the debris resulting there-
from and restore the surface condition of said demised premises to its original
condition, at which date this Lease ahall be deemed cancelled. If said destruc-
tion 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.
11. IN_ SURANCE. Tenant agrees that it will at all times maintain
public liability insurance in the amounts of $100,000/$300,000 with reputable
insurance 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
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occupation and use of said demised premises by the Tenant. Copies of said
insurance policies or certificates of said insurance shall be furnished to the
City.
12. NATIONAL EMERGENCY. In the event possession of the demised
premises and the improvements thereon is assumed by the United SLa as 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 respon-
sible 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.
13. 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 in-
struments 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.
14. 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,
in the opinion of the Airport Commission, would limit the usefulness of the
Airport or constitute a hazard to aircraft.
15. 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 of Federal
funds for the development of the Airport.
16. 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
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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.
The City will construct a public taxiway from the ramp area east of the demised
premises to the west property line of the demised premises. Tenant may construct
a taxiway from the demised premises to the above-mentioned taxiway at its own
cost across City-owned premises without leasing additional property from the City.
17. EQUIVALENT RENTAL RATES. City covenants and agrees during the
term of this Lease or any renewal thereof to grant to Tenant as favorable rental
rates as are hereafter granted in any new lease, for comparable space at the
airport, or in any renewal of an existing lease, for such comparable space. In
the event any such new lease or renewed lease fails to provide for equivalent
rental rates, the rental rates of this Lease shall be automatically reduced to
the rental rates of such other lease or renewed lease at the option of the
Tenant. The term "rental rates" shall comprehend the actual square foot rental
rates for areas occupied by buildings, aircraft aprons, fire access lanes,
automobile parking and other adjacent areas which City requires lessees to lease.
City further covenants and agrees duriag the term of this Lease or any renewal
thereof that in the event City does not require another lessee in such a new
or renewed lease to lease a comparable amount of space adjacent to buildings
for aircraft aprons, fire access lanes, automobile parking or other adjacent
areas to that required of Tenant, then Tenant may, at its option, reduce by a
comparable amount the space it is required to lease for such comparable purpose
and its rental payments shall be reduced accordingly. In the event there is not
sufficient space between an existing building and another existing building at
the airport to permit the lessee of such existing building space to lease
comparable space for a comparable purpose to that of the Tenant hereunder and
such lessee does in fact lease half of the available space between the buildings,
then the provisions of the foregoing sentence shall not be construed to allow
reduction of Tenant's space requirements. City agrees to furnish to Tenant at
Tenant's written request satisfactory evidence of the rental and adjacent space
requirements under other airport leases.
18. OWNERSHIP OF 1WROVEMENTS. 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
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to the City through the theory of annexation. In the event Tenant elects to
remove the improvements, Tenant Phall at its cost restore the demised premises
Aft 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 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 the improvements thereon.
20. SERVICES. 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 additional 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,
penalities, 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 to be made by it in payment
of rent when due and if said default continues for more than thirty (30) days
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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 de-
mired 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.
24. ANTI-DISCRIMINATION CLAUSE. The Tenant will not, on the grounds
of race, color, or national origin, discriminate or permit discrimination against
Ank 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 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 non discriminatory
discounts, rebates, or other similar types of price reductions to volume pur-
chasers.
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 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 Commission
City Hall
City of Jefferson, Missouri
TENANT. . . . . . . . . . . . . . President
New Jefferson City Flying Service
P.O. Box 336
Jefferson City, Missouri
or such other place as either party shall in writing designate in the manner
herein provided.
27. ASSIGNMENT AND CONSENT. The Tenant shall not sublease, assign
or sell this lease without first obtaining the written consent of the City;
provided, however, that City agrees not to unreasonably withhold such consent.
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28. AMBN NDMINTS. 111 amendments to this Lease must be made in writing
by mutual agreement of the parties and no oral amendments shall be of any force
or effect whatever.
IN WITNESS WHEREOF, the Jefferson City Airport Commission for the City
has caused these presents to be executed in its name by its proper officers,
pursuant to authority duly granted by its City Council and said Tenant has
caused these presents to be executed in its name by its proper officers, all
on the day and date first above written.
Recommended by Airport Commission: CITY OF JEFFERSON, MISSOURI,
a Municipal Corporation
. Bye
iairtnan Mayo
ATTEST: NEW JEFFERSON CITY FLYING SERVICE
sy
it erk President
Section 3. This ordinance shall take effect and be in force from and after its
passage and approval.
PASS , Px ��71�1 APPROVED:
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