HomeMy Public PortalAboutORD09706 BILL NO. , AS AMENDED
INTRODUCED BY COUNCILMAN
ORDINANCE NO. q�Q 2
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 THE STATE OF MISSOURI ,
BY THE OFFICE OF ADMINISTRATION BY THE DIVISION OF DESIGN AND
CONSTRUCTION AND BY THE DEPARTMENT OF PUBLIC SAFETY, HIGHWAY
PATROL.
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 State of
Missouri, by the Office of Administration by the Division of Design
and Construction and by the Department of Public Safety, Highway
Patrol , relating to certain described property at the Jefferson
City Memorial Airport.
Section 2. Said written lease shall read in words and figure
as follows :
1 NET GROUND LEASE
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This lease made and entered into this day of
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Alnumag , 19 81 , by and between Jefferson City, Missouri ,
' a municipal corporation, hereinafter designated as "City" and
the State of Missouri , by the Office of Administration by the
Division of Design and Construction and by the Department of
Public Safety, Highway Patrol, hereinafter designated as "Tenant . "
WITNESSETH THAT:
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For and in consideration of the covenants and agreements be-
tween 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
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
southerly along the west line of said Section 15, 823.85
feet; thence deflecting 60022' to the left 312.05 feet
to the point of beginning of this description; thence
deflecting 90000' to the right 105.50 feet; thence de-
flecting 90000' to the left 84..55 feet; thence deflecting
90000' to the left 105.50 feet; thence deflecting 90000'
to the left 84.55 feet to the point of beginning.
comprising approximately 8 ,919 square feet total , as delineated by
red, green and orange areas and designated upon a plat of said
premises hereto attached and marked Exhibit "A." The parties
hereto agree that the green and orange shaded areas consist of
approximately 6,456 square feet and the remaining open red area
consists of approximately 2,463 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 theret
Any use other than connected with aircraft activities shall be only
4aith the consent of the City.
I 3. TERM.
(a) The term of this lease shall be for one (1 ) year,
beginning July 1 , 1981 and ending .Tune 30, 1982 ,.
with options to renew the lease at the expiration thereof for four
(4) successive one (1) year periods . If the tennant remains in
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l possession of the premises after the expiration of the initial
! period for which the premises are let , or any option periods , ex-
cept as provided in paragraph 3 (b) below, or if the Tenant fails
j to notify the City in writing as provided herein of its intent to
vacate the premises , it shall be considered as evidence that Tenant,
4 has exercised its option to renew for a succeeding option period.
The Tenant agrees to notify the City in writing not less than
sixty (60) consecutive calendar days prior to the expiration of
each period for which the premises are let, if it intends to va-
cate the premises ; except that the Tenant shall not be required to
notify the City of its intent to vacate the premises upon the ex-
piration of the last period for which the premises are let.
I` (b) In the event the Tenant with permission of the City re-
mains in possession of the premises after the expiration of the
last period for which the premises are let without executing a new
lease, the Tenant shall be deemed to be occupying the premises as
a Tenant from month to month, subject to all the terms and condi-
tions of this lease insofar as they are applicable to a month to
month tenancy. The tenant agrees to pay the existing monthly
irental until a new lease is executed by the City and Tenant or the
premises are vacated, whichever is sooner.
4. RENT. In consideration of the leasing aforesaid, Tenant
thereby covenants and agrees to pay to City as rent for said de-
mised premises the sum of One Thousand One Hundred Sixteen Dollars
® and Eighteen cents. ($1 ,116 . 18) annually at the present rate of $ .15
per square foot per year for area shaded green and orange on the
lattached Exhibit "A," and $.06 per square foot per year for area
shaded red which said sum shall be paid in equal annual install-
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,► me the first annual installment to be paid upon execution of
lease and all subsequent annual installments shall be due and
1payable on the 1st day of July of each and every year here-
1 of ter.
5 . UTILITIES. 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 . CONSTRUCTION. Tenant has constructed an airplane hangar
! upon the above described premises and the purpose of this lease is !
to authorize the Tenant to occupy the above described premises
under the same terms and conditions as other tenants are paying
Airport owned by the City.
for the lease of property on the Air
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7 . UTILITY SERVICES. Tenant agrees to pay for all utility
I( services.
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�I S. MAINTENANCE. The standards of up-keep and maintenance
lirequired of the Tenant under this lease shall be not less than the
` standards followed by the City for similar buildings and premises
jfunder the City' s control . Any deviation from said minimum stand-
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ards 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 fLrst
obtain the written consent of -the City, which shall not be unrea-
sonably withheld. In the event Tenant gives written notice to
iCity of its intent to make such alter ons and no response is
made by City within thirty (30) days after, City shall be
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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 Airport Div-
lision employees or officials designated by the 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 eithe
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by fire or otherwise, that it will within ninety (90) days there-
after 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 condi-
Ition, at which date this lease shall be deemed cancelled. If said
idestruction is of such extent that complete rebuilding is necessar ,
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
Sthis lease or any renewal thereof.
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12 . INSURANCE. Under the advice of the Attorney General of ,
i} Missouri , Tenant is unable to maintain in the name of the Tenant
jpublic liability insurance as required by Ordinance No. 8317 of !!!�
AdRik ii {
Jefferson City. Tenant does not abrogate its soverign ammunity
lexcept as worded in Sections 537.600 to 537.650 RSMo, 1980.
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f 13. NATIONAL EMERGENCY. In the event possession of the
4 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
IIn such event the Tenant shall not be responsible for any of the
+! other covenants in this lease until possession by the United State
lof America shall terminate. In the further event that Tenant shall
The reimbursed by the United States of America for its assumption o
possession, then the rental provisions of this lease shall remain
in effect, but provided further, however, that if said reimburse-
ment is less than the amount of rental herein provided, the Tenant
shall be required to pay to the City only such amount of reimburse-
ment as it shall receive from the United States of America.
14. F.A.A. AND AIRPORT INSTRUMENTS. The Federal Aviation
1Administration and City are hereby granted the right and privilege
by Tenant to lace on and around the above described
P premises,
without cost to the Tenant , whatever instruments and equipment the
,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.
16 . SUBORDINATION. This lease shall be subordinate to the
provisions of any existing or future agreements between the City
lof and the United States , relative to the operation and maintenance
the Airport, the execution of which has been or may be required
s condition precedent to the expenditure of Federal funds for t he
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iroevelopment of the Airport.
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17. ACCESS AND PUBLIC TAXIWAY. Tenant , for itself, its
agents and its invitees , shall have the right of access to and
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�ifrom the demised premises over all public areas used in common at
ithe 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
I areas. Tenant shall have the right to utilize the Airport facili-
ties to the same extent as afforded to other tenants leasing pre-
mises for hangar facilities.
18. OWNERSHIP OF IMPROVEMENTS. The Tenant, shall be the own-
er of all of the improvements which it makes on the demised pre-
mises 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 re-
store 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
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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 cover-
ing 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
the City exercises its option to purchase said improvements .
, time
In the event the City desires to exercise said option to purchase,
lit shall give to the Tenant, in writing, notice of its intention
Ito purchase said improvements six (6) months prior to the purchase
thereof. If City gives notice as aforesaid, of its intent to ex-
ercise this option to purchase, Tenant may elect to retain and
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11remove said improvements from the demised premises at its own cost
W and at no cost to the City and Tenant shall also at its cost re-
store the demised premises to their condition prior to the placing'
of the improvements thereon.
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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
agrees that the Tenant will save harmless said City and the
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! 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 de-
mised premises or to any improvements at any time situated thereon
sunder the provisions of the Workmen' s Compensation Act and other
jstatutory provisions of similar nature.
j 22. AIRPORT CLOSURE. In the event City should cease to
operate or maintain an airport adjacent to the demised premises,
�leither 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 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
i 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
Ithe election to declare this lease forfeited and thereupon the
I Tenant shall surrender possession of said demised premises peace-
fully. In the event of any such forfeiture, Tenant shall have the
right to remove the improvements from the demised premises as pro-
vided'.-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.
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24. ANTI-DISCRIMINATION CLAUSE. The Tenant will not , on
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` the grounds of race , color, or national origin, discriminate or
11permit discrimination against any person or group of persons in
�jany manner prohibited by Part 21 of the Regulations of the Office I
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of the Secretary of Transportation. The City reserves the right
�� to take such action as the United States Government may direct to
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�l enforce this covenant.
�1 25. NO DISCRIMINATORY CHARGES. Tenant agrees to furnish
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11service 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 nondiscriminatory discounts , rebates ,
or other similar types of price reductions to volume purchasers. I .
�J 26. NOTICE. Whenever any notice or payment is required by
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this lease to be made, given or transmitted to the parties hereto,
such notice or payment shall be deemed to have been given if en-
closed in an envelope with sufficient postage attached to insure
idelivery, and deposited in the United States mail at Jefferson
City, Missouri, addressed to:
City. . . . . . . . . . . . . . . . .Department of Transportation
Airport Division
�I 240 East High Street
Jefferson City, MO 65101
TENANT. . . . . . . . . . . . . . .Director, Division of Design
and Construction
P.O. Box 809
Jefferson City, MO 65102
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
con sent of City, however, City agrees not to unreasonably withhold
such consent.
28. AMENDMENTS. All amendments to this lease must be made
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, in writing by mutual agreement of the parties, and no oral amend-
ments shall be in force or effect whatever.
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I� 29. APPROPRIATIONS FOR PAYMENT. The City and Tenant under-
�Istand and agree that this lease shall not be binding upon the -City
• and, Tenant, unless and .until general appropriations have been made by
Ithe Missouri Legislature for payment of rental or of any other
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payment under this lease on behalf of the Tenant for the fiscal
period embracing the initial period or any option period of this
lease.
® 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 Commission: a Municipal Corporation
By By
Chairman ayor d7r%E
ATTEST: TENANT
I B
City Clerk Office of u is Safety
i By
Missouri State Highway atro
APPROVA AS TO FORM: RECOMMEN APPROVAL:
t to ey . JOHNSON, DIRECTOR
Divis on o£ Design and Construction
APPROVED4STEFffEN C. BRAD F RD ioner
Office of Admini -ration
Section 3. This ordinance shall take effect and be in force
from and after its passage and approval.
PASSED: 1 L `� 8� APPROVED: 2 ',,f(
*orwe
Pre i ent of the Counci Mayor
ATTEST:
Q-�L'LCLU
UCityQC]Lerk
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