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HomeMy Public PortalAboutORD09439 f a BILL NO. INTRODUCED BY COUNCILMAN ..y' 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 THE JEFFERSON CITY MEMORIAL AIRPORT LEASED TO KENNETH H. WILSON 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 Kenneth H. Wilson , relating to certain described property at the Jefferson City Memorial Airport.. Section 2. Said written Lease shall read in words and figures as follows: i4± f' • NET GROUND LEASE This lease made and entered into this 1st day of June , 19 80 by and between Jefferson City, Missouri, a municipal corporation, } hereinafter designated as "City" and Kenneth H. Wilson . hereinafter designated as "Tenant. " WITNESSETH THAT: For and in consideration of the covenants and agreements between the parties 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 "y?r' in this lease shall be that certain tract of real estate described 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 said Section 15; thence S 4049155"W along the west line of said Section 15, 1631. 69 feet; thence S85050130"E, 89. 99 feet to the point of begin- ``;`; ping of this description; thence 54009' 30"W, 43. 9 feet; thence N85050130"W, 15. 4 feet; thence N4009 1 30"E, 14. 0 feet, thence N85050130"W, 20. 7 feet; thence N4009130" E, 15. 9 feet; thence S 85050'30"E, 20.7 feet; thence N4009130rr E, 14. 0 feet; thence S85050130"E, 15. 4 feet to the point of beginning and the termination of this description. comprising 1005. 19 square feet as delineated by red area and designated upon a plat of said premises hereto attached and marked ."Exhibit A. " 2. PURPOSE. Tenant shall use said demised premises for the purpose of constructing thereon an airplane hangar for his personal use and shall not use the demised premises for any commercial activity, provided, however, that if the Tenant does not commence construction of an airplane hangar on the demised premises by June 1 , 19 80 , this lease shall be deemed cancelled. 3. TERM. The term of this lease shall be for five (5) years, beginn- ing June 1 19 80 , and ending on May 31 , 19 85 , 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 each 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 ensuring five (5) years shall be determined by negotiation between the City and the Tenant. M , 4. 10,'NT, in consideration of the leasing aforesaid, Tenant hereby covenants and agrees to pay to City for said demised premises the sum of AbAne Hundred dollard and fifty -two cents ($100. 52) annually at the present rate of $. 10 per square foot per year. The first annual installment to be paid upon execution of this lease and all subsequent annual installments shall be due and payable on the first day of June of each and every year. 5. UTILITIES. Tenant may at his own expense extend water, sewer- age 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. CONSTRUCTION. Tenant will construct a private airplane hangar and other accommodations incidental thereto on the demised premises, and Tenant agrees to submit, prior to construction, plans for the construction of said hangar and obtain the approval of said plans by the City prior to construction. mprovements so constructed by Tenant on the demised property shall be and emain the property of Tenant. Any and all negotiations made by Tenant with the utilities shall be approved by the City prior to the construction thereof and shall in all instances meet the minimum standard required for such utility connections as are set forth in the applicable code of the City of Jefferson, Missouri. 7. UTILITY SERVICES AND TAXES OF OTHER GOVERNMENTAL 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. MAINTENANCE. The standards of up-keep and maintenance re- quired of the Tenant under this lease shall be not less than the standards followed 40y the City for similar buildings and premises under the City's control. Any eviation 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. 9. 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 the 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. 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. -2- 11. DAMAGE BY FIRE AND OTIIER CAUSES. 'Tenant agrees that in case of destruction in whole or in part of said improvements either by fire or it otherwise, that it will within ninety (90) days thereafter either (a) repair said damage, or (b) remove the damaged improvement and the debris resulting therefrom and restore the surface condition of said demised premises to its original condition, at which date this lease shall be deemed cancelled. If said ..e 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. 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 ;V demised premises or resulting as a direct or indirect consequence of the occu- epation 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. 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 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. 14. 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, what- ever 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 premises 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, in the opinion of the Airport Commission, would limit the usefulness of the Airport or constitute a hazard to aircraft. -3- 1 a. SUBORDINATION. This lease shall be subordinate to the provisions of piny existing or future agreement between the City and the United Ah States, relative to the operation and maintenance of the Airport, the execution of Vwhich 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 withoutlimit- ation 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 same extent as r. . afforded to other tenants leasing premises for hangar facilities. 18. OWNERSHIP OF IMPROVEMENTS. 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'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 0/6) 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. SFMVICES. 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. -4- 21. WORKMEN'S COMPENSATION. Said Tenant further covenants and agrees that the Tenant will save harmless said City and the above demised premises t 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 rent when d ue 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 remises peacefully to the City. If ANk a ?• p P p Y Y Tenant shall default in any of the other covenants herein contained and shall Fa continue in such default for period of ninety (90) days after notice thereof in .;.: p Y Y r.• • writing from the City, the City shall have the election to declare this lease for- feited and thereupon the Tenant shall surrender possession of said demised pre- mises 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 any person or group of persons in any manner prohibited by Part 21 of the Regulations of the Office of the Secretary of Transportation. The City reserves the right to take such action as the United States Government may direct to enforce this covenant. (a) The Tenant assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E. to ensure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Tenant assures that no person shall be excluded on these grounds from participating in, or receiving the services or benefits of any program or activity covered by this subpart. The Tenant assures that it will require that its covered sub-organiza- tions provide assurances to the Tenant that they similarly will undertake affirmative action programs and that they will require • assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. -5- 25. NOTICE. Whenever any notice or payment is required by this lease to be made, given or transmitted to the parties hereto, such notice or pay- ment 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: ha. CITY* Airport Commission p < , City Hall, 240 East High Jefferson City, Missouri 65101 .,, ., TENANT. . . . # Kenneth H. Wilson 1621 St. Mary's Blvd. Jefferson City, Missouri 65101 or such other place as either party shall in writing designate in the manner herein provided. 26. The Tenant shall not sublease, assign or sell this lease without first obtaining the written consent of City, however, City agrees not to unreason- r `: : abl withhold such consent. u`s 27. All amendments of this lease must be made in writing by mutual w, .. agreement of the parties, and no oral amendments shall be in force or affect whatever. 'c IN WITNESS WHEREOF; the parties have hereunto set their hands and signatures the day and year first above written. Recommended by CITY OF JEFFERSON, MISSOURI, Airport mmission a Municipal Corporation 'Ff'7x sal' BY BY eager Mayor t * ATTEST: KENNETH H. WILSON Clerk Tenant J+ Section 3. This ordinance shall take effect and be in force from and after its passage and approval. PASSED: APPROVED: R:,. r ♦J Pr ident of the ounci Mayor ,4 ATTEST: Ci lerk -6- • STATE OF MISSOURI ) ss. OCOUNTY OF COLE ) i; u On this / day of 19JE, before me appeared George Hartsfield o me personally known, who being by me l duly sworn, did say that he is the Mayor of Jefferson City, Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said Jefferson City, and that said instrument was signed and sealed in behalf of said City by and with the authority of its Council; and George Hartsfield acknowledged ' .. said instrument to be the free act and deed of said City. x.' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my f7?: official seal at my office in Jefferson City, the day and year first above written. S. CLORIAETTA BEASLEY Notary Public 11OTAkY PUBLIC STATE OF MISSOURI My commission expires COLE COUNTY 1: ° My Commission Expires August 12, 1983 STATE OF MISSOURI ) COUNTY OF COLE ) 19 of On this / J day before me appeared Kenneth H. Wilson , to me personally known, who being by me duly sworn, did state that he is the person described in and acknowledged that he executed the foregoing instrument as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Jefferson City, the day and year first above written. y"t? �. CLORIAETTA BEA LE Notary Public t; . .' NOTARY PUBLIC STATE OF MISSOURI Q,: My Commission expires COLE COUNTY My Commission MN._ {zrii .2 f?'' i3.5e w1S}ft�• 1£i V, i,.,'