HomeMy Public PortalAboutORD09971 . 1
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BILL NO._
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
AND DIRECTING THE MAYOR AND CLERK TO EXECUTE A WRITTEN LEASE ON
CERTAIN PREMISES AT THE JEFFERSON CITY MEMORIAL AIRPORT LEASED
TO RESORT AIR., INC. D/B/A RESORT AIR.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS:
SECTION 1. The Mayor and Cle'_k of the City of Jefferson,
Missouri, are hereby authorized and direc:`ed, for and in the name
of the City, to execute a written lease with Resort Air, relating
to certain described premises in the Jefferson City Memorial
Airport Terminal Building.
SECTION 2. The written lease shall be substantially the
same in form and content as that lease attached hereto and made
a part hereof as if fully incorporated herein.
SECTION 3 . This ordinance shall be in full force and
effect from an after its passage and approval.
Passed 5-- 16 - S3 Approved 'V-3
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esiding Oftficer MAyot
ATTEST:
ty Clerk
A'iRPORT LEASE AND AGREEMENT
THIS AGREEMENT made and entered into this First
day of _June 19 83 , by and between the City
of Jefferson, Missouri ereinafter sometimes referred to as
"Lessor") , and _Resort 4i r, Inc.} d/b/a Resort Air
a corporation organized arid existing under and by virtue of-the
laws of the State of Missouri (hereinafter sometimes referred
to as "Lessee") .
WITNESSETH:
WHEREAS, Lessor is now the owner of, or holds under lease,
with power to grant rights with respect thereto, the airport
located at Jefferson City, Missouri ; and
WHEREAS, Lessee is engaged in the business of air transporta-
tion with respect to persons , property and mail , and desires to
obtain the right and privilege of using certain of the Lessor' s
Airport Facilities ; and
WHEREAS, 'the Lessor is willing to grant to Lessee the right
to use certain of its Airport Facilities;
NOW THEREFORE, for and in consideration of the rents ,
covenants, and agreements contained herein, and for other good
and valuable consideration, the parties hereto have mutually
covenanted and agreed, and do hereby mutually covenant and agree,
each with the other, for the benefit of each other as follows :
ARTICLE I
Definitions
For the purpose of this Agreement :-
( 1 ) The term "Airport" means the Jefferson City Memorial
Airport located approximately two (2 ) miles north of Jefferson
City , Missouri, including the airport facilities .
(2 ) The term "Airport Facilities" means the Airport , to ether
with all facilities, improvements , equipment , services and appur-
tenances which have been or may hereafter from time to time. be
provided thereat or in connection therewith, including without
limiting the generality of the foregoing, the landing field, run-
ways , aprons , taxiways, sewerage and water facilities , flood ,
landing marker and boundary lights and lighting facilities , signals ,
beacons , aids , roadways and approaches on, the Airport , and all
conveniences for flying, landing and taking off of aircraft .
( 3) The term "airplanes" and the term "aircraft" shall each
include airplanes and aircraft.
:(4) The term "air transportation system" means any business
conducted for the purpose of transporting, in regularly scheduled
service between fixed points , persons , property and mail , or any
thereof , by aircraft .
( 5) The term "scheduled air transport operator" means a
person operating a certificated air transportation system.
( 6 ) The term "Federal Aviation Agency" means the Federal
Aviation Agency created by the Federal Government under the
® Federal Aviation Act of 1958, or any other agency or agencies of
the Federal Government having from time to time jurisdiction over
the operations of airports and of scheduled air transport operators .
( 7 ) The phrase "term of this Agreement" shall mean the
original ,term and any renewal or extension thereof .
(8) The term "persons" includes one or more individuals ,
firms , corporations or other entities .
ARTICLE II
Grant of Rights with Respect to Airport Facilities
For the purpose of facilitating the operation at , to and
from the Airport of the air transportation system conducted by R
Lessee, Lessor does hereby grant to Lessee , and Lessee does here-
by take from Lessor, for and during the term of this Agreement,
the right and privilege , in common with others to whom similar
rights and privileges may be granted, and subject to rules and '
regulations prescribed by the Lessor, as hereinafter provided
in this Agreement , to use the Airport Facilities , or any part 1-
thereof, for or in connection with the operation by Lessee of
an air transportation system and all activities incident thereto,
including without limiting the generality of the foregoing.
( 1) The repairing, conditioning and towing by the Lessee
or others of the Lessee ' s choice and the parking and temporary y.
or emergency storage by Lessee of its aircraft and other equipment
and the aircraft and equipment of other scheduled air transport
operators in such spaces and in such manner as may be prescribed
by the Airport Manager and approved by the Lessor;
(2) The training, except primary flight training, by Lessee
of personnel in its employ or to be employed by it , the operation
by Lessee of courtesy and charter flights and the testing of its
aircraft and other scheduled air transport operators , it being
understood that such training and testing and courtesy and charter
flights shall be incident to the operation of an air transporta-
tion system;
( 3) The occasional sale , disposal or exchange of Lessee ' s
aircraft engines , accessories , aviation fuel , oil , greases , is
lubricants and other equipment or other fuel or supplies ; provided
that such right shall not be construed as authorizing the conduct
of a separate business by Lessee, but shall permit 1,essee to
perform such function as an incident to its operation of an air
transportation system, and specifically , but without limitation ,
shall. permit the sale or disposal of any article of goods used
by, or bought for use by, the Lessee in connection with its
operation of an air transportation system; and provided that
Lessee shall not sell gasoline, fuel , greases and other lubri-
cants , except to a subsidiary or affiliated company, or except
when the same are of a particular grade desired by others and
not otherwise available at the Airport;
(4) The servicing by Lessee or others of Lessee ' s choice
at locations designated by the Airport Manager and approved by
the Lessor of its aircraft and other equipment and the aircraft
and equipment of other scheduled air transport operators , by
truck (or otherwise as permitted by the Airport Manager of
Lessor) with gasoline , oil , greases and other fuel and lubricants ,
® and equipment and supplies ; provided that this paragraph shall
not be deemed to permit the sale, except as permitted by paragraph
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( 3) of this Article II , of gasoline , oil , greases or other fuel
and lubricants;
(S) The landing, taking-off, taxiing, loading and unloading
by Lessee of its aircraft and other equipment and the aircraft
and equipment of other scheduled air transport operators ;
(6 ) The loading and unloading of persons , property and mail
at the Airport by such motor cars, buses , trucks or other means
of conveyance as Lessee may choose or require in the operation
of its air transportation system, with the right to designate 1
the particular carrier or carriers who shall or may transport
to and from the Airport, Lessee' s passengers and their baggage
and property to be carried or which have been carried on Lessee' s i
aircraft, subject to the approval of the Lessor.
( 7 ) The installation, maintenance, and operation by Lessee
of radio, communications , meteorological and aerial navigation
equipment and facilities in or on the premises occupied exclusively !
by Lessee pursuant to this Agreement, and, subject to the approval
of the Lessor in the interest of safety and convenience of all
concerned.
(8) The installation, maintenance and operation by Lessee
along or in connection with any other scheduled air transport '
operator or operators , or through a nominee , of message tube,
telephone, teletype or telemeter systems and air conditioning
units , subject to the approval of the Lessor in the interest of
safety and convenience to all concerned.
(9) The full , free and unrestricted access and ingress to,
and egress from, in common with others having such rights , the
Airport Facilities , for Lessee, its employees , passengers , guests ,
patrons, invitees , suppliers of materials , and furnishers of
service, its or their aircraft , equipment , vehicles , machinery
and other property. i
ARTICLE III
Term of Agreement
The Term of this Agreement of Lease shall commence on the
First day of June 19 83 and continue for a
term o oile ( 1 ) year 4 erm nat ng on tFe thirty-first day of
May i
y s
ARTICLE IV
Landing Fees to be Paid by Lessee
Lessee agrees to pay Lessor for the use of Airport Facilities
by Landing Fees as set forth by City Ordinance and amended from
time to time, provided that the Lessee shall pay the fee in affect
at the time the lease is executed ( there being no other rentals,
fees or charges and no tolls payable by Lessee for such use of
the Airport Facilities , with the exception of the stated rental
hereinafter for space in the Terminal Building) . Said fee to
be payable monthly upon receipt of billing from Lessor and no
additional fee of any kind shall be charged the Lessee , excepting
the stipulated rental as hereinafter set out for the space in the
Terminal Building, its suppliers of materials and furnishers of
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service by the Lessor and to be in lieu of any license or permit
which Lessee may be required to obtain to operate from Lessor' s
Airport . Lessee shall submit to the Lessor' s Airport Manager
by the 15th of the following month: 1 ) The total number of landings
of Lessee ' s aircraft on Lessor' s airport for the preceding month
for billing purposes; 2 ) The total number of enplaned and deplaned
passengers at Jefferson City Memorial Airport; and 3) Total freight
and cargo weights .
ARTICLE V
Maintenance and Operation by Lessor of Airport Facilities
Lessor agrees that it will use its best efforts , during
the term of this Agreement to maintain and keep the landing field,
runways , aprons , taxiways , and Airport Facilities in a safe,
workable, clean and sanitary condition and in good repair and
free from obstructions , including such clearing and removal of
snow and ice as is reasonably necessary to permit operations,
as soon as it is practicable for Lessor to do so, and maintain
and operate the Airport Facilities in such a manner as to render
the Airport Facilities suitable for use by the Lessee in its air
transport operation.
( 1) LESSOR reserves the right (but shall not be obligated
to LESSEE) to maintain and keep in repair the landing area of
the airport and all publicly-owned facilities of the airport ,
together with the right to direct and control all activities of
the LESSEE in this regard.
( 2) LESSOR reserves the right further to develop or improve
the landing area and all publicly-owned air navigation facilities
of the airport as it sees fit , regardless of the desires or views
of LESSEE, and without interference of hindrance.
( 3) LESSOR 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 LESSEE from erecting,
or permitting to be erected, any building or other structure on the
airport which in the opinion of LESSOR would limit the usefulness
of the airport or constitute a hazard to aircraft.
(4) During time of war or national emergency LESSOR shall
have the right to enter into an agreement with the United States
Government for military or naval use of part or all of the landing
area , the publicly-owned air navigation facilities and/or other
areas or facilities of the airport . If any such agreement is
executed, the provisions of this instrument , insofar as they are
inconsistent with the provisions of the agreement with the
Government , shall be suspended.
: ( 5) It is understood and agreed that the rights granted by
this agreement will not be exercised in such a way as to interfere
with or adversely affect the use, operation, maintenance or develop-
mgnt of the airport.
The Lessor to furnish all heat, air-conditioning and lighting.
ARTICLE VI
Rules and Regulations
® Lessee agrees to observe and obey the rules and regulations
governing the conduct and operations of the Airport Facilities
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promulgated from time to time , by Lessor. Said rules or •regula-
tions or any of them shall not be inconsistent with safety or
or conflict with rules and regulations now or hereafter in effect,
of any Federal or State agency having jurisdiction with respect . :r
thereto, nor inconsistent with the procedures -prescribed or
approved from time to time by the Federal Aviation .Agency for
landing and taking off at the airport of airplanes of scheduled. • . '
air transport operators , and if such inconsistency does arise,
such rules and regulations shall be promptly amended by Lessor
so as to eliminate the inconsistency provided further, that until `,-..-
so amended, any rule or regulation inconsistent therewith shall
be deemed to have no force or effect. It is the intent thereof ` '
that no rules or regulations shall be promulgated hereunder which - :. ':::� ,
shall be inconsistent with or nullify any of the rights and ? ,
privileges expressly granted under this Agreement.
Lessee agrees that advertising signs of the Lessee on the _
Airport and the location thereof shall be subject to the approval
of the Lessor.
The Lessee agrees 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 their own garbage disposal .
The Lessee agrees not to make any alteration or remodeling
of any kind on said premises without first obtaining the written
consent of the Lessor.
The Lessee will clean and maintain the premises leased to
him in suitable condition for the Lessee ' s business.
ARTICLE VII
Procurement of Supplies by Lessee
Lessee, in connection with the exercise by it of any of
the rights and powers granted to it hereunder shall have the full
right to procure at the Airport or elsewhere all materials,
equipment , food, supplies and products from any person of its
own choice, and no charges , fees , or tolls of any kind, shall
be charged by Lessor, directly 'or indirectly, against Lessee for
any right or privilege granted to Lessee by this Agreement , or
against its furnishers of service or supplies .
ARTICLE VIII
Right of Lessee to Remove Property
Lessee shall be entitled during the term of this Agreement
and for a reasonable time after its termination, to remove from
the Airport , or any part thereof , all aircraft , tools , machinery,
equipment and trade fixtures placed, installed or constructed
thereon by it; provided, however, that all buildings from which
any property is so removed shall be restored by Lessee in such
manner that such buildings are not meter. Tally damaged . The
Lessee slial. l not remove any furnishings or fixtures within the
tormi na I bui ldi.ng or on the Airport which are owned by the Lessor.
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;
ARTICLE IX
Rental of Space in Terminal Building
Lessor hereby demises and leases to the Lessee, for a term
coextensive with the term of this agreement , for its Operations,
Reservations and Ticket Counter facilities , the use of approximately
fift -five ( 55) square feet of space, including counter, in the
7e—i7m-inal Building tor the Lessee to conduct its operations. Lessee
agrees to pay the Lessor for the use of the premises , facilities ,
rights , licenses , services and privileges , granted hereunder, a
rental in the amount of Twenty-seven dollars and fifty cents ( $27.50)
per month, payable monthly upon receipt ot bil7ing trom Lessor.
In addition to the space for its operations, reservations and ticket
counter facilities, the Lessee, its employees, passengers , guests,
patrons and invitees shall have the use , in common with others , of
all public places in the terminal building or any addition thereto,
including without limiting the generality hereof, its lobby, waiting
rooms , hallways , restrooms and other public and passenger conveniences.
The space herein demised to the Lessee for operations, reservations
and ticket counter facilities may be used by the Lessee for its
ticket office , operations office , passenger service office, and
cargo, mail , express and air freight and baggage service purposes,
or for such other purposes as Lessee may deem desirable in the
conduct of its air transportation system ( See Attachment No. 1 for
space and counter location) .
ARTICLE X
Indemnity
Lessee agrees to indemnify, and save and hold harmless, the
Lessor from and against all claims and actions and all expenses
incidental to the investigation and defense thereof, based upon
or caused by the fault or negligence of Lessee, its agents or
employees , in the use or occupancy of said leased premises by
Lessee ; provided, however, that Lessee shall not be liable for any
injury or damage or loss occasioned by the negligence of Lessor,
its agents , or employees ; and provided further that Lessor shall
give to lessee prompt and reasonable notice of any such claims
or actions and Lessee shall have the right to investigate , compromise
and defend the same . Lessee agrees to carry and keep in force ,
public liability insurance covering personal injury and property
damage and such other insurance as may be necessary to protect
Lessor herein from such claims and actions aforesaid. Without
limiting its liability as aforesaid, Lessee agrees to carry and
keep in force such insurance with limits of liability for personal
injury in a sum not less than $500,000.00 for any one person and
$1 ,000 ,000.00 for any one accident ; and the property damage in a
sum not less than $1 ,000 ,000. 00; and to furnish Lessor with proper
certificate certifying that such insurance is in force and that
Lessor is named as an additional insured.
ARTICLE XI
• Abatement of Rentals
No abatement shall be made of any rentals for any cause
under the provisions of this agreement unless the premises in the
Terminal Building demised hereunder to the Lessee shall be
rendered untenantable in which event the rentals for such premises
shall abate on a per diem basis until such time as such premises
are rendered tenantable, but if other space in the Terminal
Building or in any other building of Lessor is occupied by Lessee
for terminal building purposes pending the restoration of the
premises in the Terminal Building demised hereunder to Lessee,
Lessee shall pay rentals for such space at the same rate per
annum per square foot as in then required to be paid by Lessee
for space in the Terminal Building under the Article IX of this
Agreement.
ARTICLE XII
Termination by Lessor
Except as provided in Artical. III , the Lessor may terminate
this Lease by giving written notice to the Lessee upon or after
the happening of any one of the following events :
(a) If the Lessee shall voluntarily abandon the business
of transporting, in regularly scheduled service to and from the
airport, persons , property and mail , by aircraft for a period of
ninety ( 90) days ; or
(b) if default shall be made by Lessee in the observance
or performance of any covenant or agreement herein required to be
kept or performed by it , and such default shall continue for a
period of thirty ( 30) days after written notice specifying such
default shall have been given by Lessor to Lessee.
Upon termination of this Agreement, Lessee ' s right to use
the Airport facilities thereupon shall terminate and Lessee agrees
to surrender such rights immediately, without the receipt of any
demand for rent, notice to quit or demand for possession whatsoever.
ARTICLE XIII
Termination by Lessee
Except as provided in Article III , the Lessee may terminate
this lease by giving written notice to the Lessor upon or after
the happening of any one of the following events :
(a) If any court of competent jurisdiction shall issue an
injunction in any way preventing or restraining the use of the
Airport or the Airport Facilities or any substantial part or
parts `of any thereof, to such an extent as to interfere materially
with the operation by the Lessee of an air transportation system
to, from or at the Airport , and such injunction shall remain in
force (not stayed by way of appeal or otherwise) for a period
of ninety (90) days ; or
(b) If the Lessee shall be unable to use the airport for
the conduct of an air transportation system for a period of ninety
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(90) days , due to any law or executive order, or any order, rule
or regulation of any appropriate governmental authority affecting
the airport , or to war, bombardment, power or drainage failure ,
earthquake or other casualty; or
(c ) If the United States Government or any authorized.
agency thereof shall occupy the Airport or the Airport Facilities,
or any substantial part or parts of any thereof, to such an extent
as to interfere materially with the operation by the Lessee of
an air transportation system, to from, or at the Airport for
a period of ninety (90) days ; or
(d) If default shall be made by Lessor in the observance
or performance of any covenant or agreement herein required to
be kept or performed by it, and such default shall continue for
a period of thirty ( 30) days after written notice specifying such
default shall have been given by Lessee to Lessor.
ARTICLE XIV
Subordination Agreement
This lease shall be subordinate to the provisions of any
existing or future agreement between the Lessor and the United
States of America or any agency thereof relative to the operation,
development , or maintenance of the airport , the execution of
which has been or may be required as a condition precedent to
the expenditure of federal funds for the development of the airport. t
ARTICLE XV !}
Miscellaneous
( 1 ) Assignment . Lessee shall not assign this Agreement ,
or any of its rights hereunder, nor sublet the premises or any
part thereof demised hereby, to any person without the written
consent of the Lessor first had and obtained; provided that the
foregoing shall not prevent the assignment of this Agreement l
to any corporation with which Lessee may merge or consol_ir.a.te, F,
or which may succeed to the business of Lessee, or towhich the
business and properties of the Lessee , or substantially all of
the same , may be sold or transferred by the Lessee.
( 2 ) No waiver of default. No action whatsoever, except
an express written waiver, shall be construed to be or act as a E'
waiver by Lessor or Lessee of any default by the other in the
performance of any of the terms , covenants or conditions hereof r`
to be performed , kept and observed by it. No express written `-
waiver by Lessor or Lessee shall be construed to be or act as a
waiver of any subsequent default by the other in the performance
of any of the terms , covenants and agreements hereof to be
t:
performed , kept and observed by it.
( 3 ) Remedies are cumulative. The rights and remedies F
hereby created are cumuTative—__a_nU the use of one remedy shall k
not be taken to exclude or waive the right to the use of another. F.
(4) Successors and assigns . All of the covenants , stipula-
tions and agreements in this Agreement shall extend to and bind
® the successors and assigns of the respective parties hereto.
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v,
( 5) Notices . Notices to the Lessor provided for herein may
be sent by-r e�stered mail , postage prepaid, addressed to the
Jefferson City, Department of Transportation, 320 East McCarty,
Jefferson City, Missouri , 65101 and notices to Lessee provided
for herein may be sent by registered mail , postage prepaid,
addressed to Lessee , .Resort air. Inc . , Rt.. l:, .Box 134
Brur►le_y Ml:ssolAri 65017 ,
or inn�eit iffier case to such of er respective addresses as Me—
parties hereto may designate in writing from time to time and such
notices shall be deemed to have been given when so sent .
(6) Laws of Missouri shall govern. The agreement shall
be deemed to have Been made in, and shall be construed in accordance
with the laws of the State of Missouri .
( 7) Anti-Discrimination Clauses. The Lessee , for himself,
his heirs , personal representatives ,—successors in interest, and
assigns, as a part of the consideration hereof, does hereby
covenant and agree as a covenant running with the land that in
the event facilities are constructed, maintained, or otherwise
operated on the said property described in this lease for a
purpose for which a Department of Transportation program or
activity is extended or for another purpose involving the provision
of similar services or benefits , the Lessee, shall maintain and
operate such facilities and services in compliance with all
other requirements imposed pursuant to 49 CFR Part 21 , Nondiscrim-
ination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
The Lessee, for himself, his personal representatives , successors
in interest , and assigns , as a part of the consideration hereof,
does hereby covenant and agree as a covenant running with the land .
that : ( 1 ) no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in the use of said
facilities , ( 2) that in the construction of any improvements on,
over, or under such land and the furnishing of services thereon,
no person on the grounds of race, color, or national origin shall
be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, ( 3) that the Lessee
shall use the premises in compliance with all other requirements
imposed by or pursuant to 49 CRF Part 21 , Nondiscrimination in
Federally Assisted Programs of the Department of Transportation,
and as said Regulations may be amended.
(8) No Exclusive Rights or Discriminatory Charges . It is
understood- and agreed that nothing herein contained shall be
construed to grant or authorize the granting of an exclusive
right within the meaning of Section 308 of the Federal Aviation
Act of 1958.
Lessee 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 Lessee may make reasonable
and nondiscriminatory discounts , rebates , or other similar types
® of price reductions to volume purchasers.
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IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement as of the day and year first above written.
LESSOR:
CITY OF JEFFERSON, MISSOURI
BY
ayor
ATTEST:
LESSEE:
BY
® ATTEST:
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