Loading...
HomeMy Public PortalAboutORD09707 �i � ` I BILL NO. AS AVENDEL) INTRODUCED BY COUNCILMAN ORDINANCE NO. 91101 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 CONSERVATION COMMISSION OF THE STATE OF MISSOURI. 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 Conservation Commission of the State of Missouri, relating to. certain described property at the Jefferson City Memorial Airport. SECTION 2. Said written lease shall read in words and figures as per the attached lease which is incorporated herein by this reference and made a part hereof. SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed ���LA.&j 981 Approved P sident of the Council Mayor 0 re7H. ATTEST: Ci Clerk l NET GROUND LEASE This lease made and entered into this day of 040 Q. �y„ , 1991 by and between Jefferson City, Missouri, a municipal, corporation, hereinafter designated as "City" and Missouri Conservation Commission hereinafter designated as "Tenant." WITNESSETH THAT: I 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 in this lease shall be that certain tracts of real estate described as follows: jPart of the northwest quarter of Section 15, Township 44, Range 11, WW I in the Councy of Callaway, State of Missouri, being more particularly described as follows: From the northwest corener of said Section 15; thence southerly along the west line of said Section 15, 823.85 feet; thence ` deflecting 60022' to the left 435.26 feet thence deflecting 900 to the right 30 feet to the point of beginning of this description; thence continuing straight 78.5 feet thence deflecting 900 left 83.33 feet thence deflecting 900 left 78.5 feet thence deflecting 900 left 83.44 feet to the point of beginning comprising approximately 6, 555 square feet total, as delineated by red and green areas, and designated upon a plat of said premises as hereto attached I and marked Exhibit "A". The parties hereto agree that the green shaded area consists of approximately 3,539 square feet and the remaining red area consists I)I of approximately 3,016 square feet. I! 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. 3. TERM. The term of this lease shall be for five (5) years, beginn- ing July 1, 1981 and ending June 30, 1986 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 it 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 1five (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. -2- 4. RENT. In consideration of the leasing aforesaid, Tenant hereby I I covenants and agrees to pay to City as rent for said demised premises the sum i of Seven hundred-eleven dollars and eight-one cents ($711.81) annually at the i 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 annual installments, the first annual installments shall be due and payable on the 1st of July of each and every year hereafter. 5. UTILITIES. Tenant may at its own expense extend water, sewerage and other utility services to the property line of the demised premises nearest i 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 has constructed an airplane hangar upon the i above described premises. The purpose of this lease is to authorize the Tenant to continue to occupy the above described premises under the same terms and conditions as other tenants are paying for the lease of property on the Airport owned by the City. 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 Lup-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 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 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 Airport Division employees or offici- als designated by the City, at any or all reasonable times. I -3- �i 11. DAMAGE BY FIRE AND OTHER CAUSES. Tenant agrees that in case of � f` I j? 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 I damage, or (b) remove the damaged improvement and the debris resulting there- from and restore the surface condition of said demised premises to its originals ' condition, at which date the lease shall be deemed cancelled. If said destruc- tion is of such extent that complete rebuilding is necessary, the Tenant may i I! 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 I the rents provided in this lease or any renewal thereof. I 12. INSURANCE. The Tenant will maintain in the name of the Tenant ii liability insurance as required by Ordinance No. 8317 of Jefferson City, or in I the names of the pilots of its airplanes using the demised premises liability WOW insurance with the minimum amounts of $250,000/$500,000 with reputable insurance companies, which insurance will save the City harmless from any and all claims ; for damages arising from the ownership, maintenance or use of the aircraft owned I 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 pre- mises 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 ngt be responsible i 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 Administration land City are hereby granted the right and privilege by Tenant to place on and i I�around the above described premises, without cost to the Tenant, whatever in- I� jstruments 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. -4- i � f 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 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. 17. ACCESS AND PUBLIC TAXIWAY. Tenant, for itself, its agents and it 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 limi- tation of the foregoing, shall have access for airplanes to and from the demise 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. 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. I� 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 i 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 f to their condition prior to the placing of the improvements thereon. 19. CITY 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 followin terms: The actual cost of the improvements, to be substantiated by actual in- voices 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 luntil the time the .City exercises its option to purchase said improvements. In Ithe event the City desires to exercise said option to purchase said improvements six (6) months prior to the purchase thereof. If City gives notice as aforesaid -5- i 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 �i no cost to the City and Tenant shall also at its cost restore the demised i premises to their condition prior to the placing of the improvements thereon. 20. SERVICES. The City shall have no responsibility or liability to i 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 agree 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, penalties, costs and expenses whatsoever which may result to said City or to said demised premises or to any improvements at any time situated Ithereon 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 term- inate 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 I 11after written notice, the City may elect to declare this lease forfeited, in 1iwhich 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 rafter 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 demised 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 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. -6- 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 of service; provided, that Tenant may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 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. . . . . . . . . . . . . . .. . . . . . . . . . . .Department of Transportation Airport Division 240 East High Street Jefferson City, MO 65101 TENANT. . . . . . . . . . . . . . . . . . . . . . . . .Missouri Dept. of Conservation 2901 North Ten Mile Drive Jefferson City, MO 65101 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 City, however, City agrees not to unreasonably withhold such consent. 28. AMENDMENTS. All amendments of this lease must be made in writing by mutual agreement of the parties, and no oral amendments shall be in force or effect whatever. IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures the day and year first above written. Recomm ded y CITY OF JEFFERSON, MISSOURI, Airpo Comm ssi a Municipal Corporation By By , airman Mayor o TE- ATTEST: MISSOURI DEPT. OF CONSERVATION By X ity Clerk Wector APPROVAL AS TO FORM: APP VE:D For --- ' City Attorney Anti. Nn. P. Ci. t•:. Apprup. By— _7_ H,.