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HomeMy Public PortalAboutORD07275 I • '- ORDINANCE NO. 7 2 7 5 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AM THE CITY CLERK OF SAID CITY TO EXECUTE, IN BEHALF OF THE CITY, A WRITTEN AGREEMENT WITH WILLIAM ASEL D/B/A INDUSTRIAL AVIATION COMPANY RELATING TO A FIXED BASE OPERATION BY WILLIAM ASEL AT THEJEFFERSON CITY MEMORIAL AIRPORT. 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 agreement with William Asel d/b/a Industrial Aviation Company, relating to the fixed base operation by William Ase1 at the Jefferson City Memorial Airport. Section 2. Said written agreement shall read in words and figures as follows: L E A S E WHEREAS on the 1st day of May, 1949, the City of Jefferson, Missouri, a city of the third class existing under the laws of the State of Missouri, as the Lessor, and Raymond Brummet, d/b/a Brummet Aircraft Company, of Cole County, Missouri, as Lessee, did execute a lease whereby the Lessor did lease, demise, grant and let to the Lessee certain premises as shown on an Exhibit "A" attached to said lease for a term of ninty-nine (99) years, commencing June 1, 1949 and terminating May 31, 2048 at an annual rental of five cents ( . 05¢) per square foot, and WHEREAS, the premises leased by the Lessor to the Lessee constituted a portion of the land owned by the Lessor and used by it in the operation of the Jefferson City Memorial Airport, and WHEREAS, on or about January 1, 1959, said Lessee, with the written consent and approval of the Lessor, did assign all of his interest in—said 99 year lease executed on May 1, 1949 to William E. Asel and Richard T. Baird d/b/a Industrial Aviation Company, pursuant to which said William E. Asel and Richard T. Baird d/b/a Industrial Aviation. Company occupied the leased premises and the building located thereon, and conducted a fixed base operation on the Jefferson City Memorial Airport under the terms and conditions of said ninety-nine (99) year lease, and WHEREAS, on or about May 1, 1960, said William E. Asel did purchase and acquire all right, title and interest of the said Richard T. Baird in and to the leased premises and all buildings thereon by virtue of which purchase and acquisition the said William E. Asel has been in sole possession of the premises as originally leased by the City of Jefferson, Missouri to Raymond Brummett since on or about May 1, 1960, and WHEREAS, the original copy of the Ninety-nine (99) years leased executed by the City of Jefferson, Missouri, and Raymond Brummet d/b/a Brummet Aircraft Company an May 1, 1949, together with the • original and all copies of Exhibit "A" showing the exact location 1. of the leased premises and Exhibit "B" showing the type and specifications of the buildings to be erected and constructed on the leased premises, have been misplaced or lost, so that the actual location of the leased premises cannot be definitely ascertained by any plan or plat of any kind or description, and WHEREAS, William E. Asel and the City of Jefferson, Missouri are mutually desirous and agreeable to executing a new lease of a certain tract of land forming a part of all land now owned by the City of Jefferson, Missouri and used as the Jefferson City Memorial Airport so that the location of the land to be leased may be specifically described, now therefore THIS AGREEMENT made and entered into this _ 7th day of August . 1962, by and between the City of Jefferson, Missouri, a municipal corporation of the third class existing under the laws of the State of Missouri, of Cole County, Missouri, herein- after termed the Owner, and William E. Asel, d/b/a Industrial Aviation Company, of Cole County, Missouri, hereinafter termed the Lessee: WITNESSETH WHEREAS, Owner owns and operates in Callaway County, Missouri, an airport which includes all aeronautical navigation facilities, said airport being known as the Jefferson City Memorial Airport. and ® said Owner desire to grant to Lessee certain rights hereinafter more fully described, and pertaining to the use of said airport, together with the right to use and enjoy individually and in common with others the facilities referred to; and WHEREAS, Lessee will engage in the business of aeronautic, engine and aircraft repairs, sales and renting of aircraft, sale of aircraft and engine parts and accessories, flight instruction, airplane charter trips and local short flights and desires to lease said rights from the Owner on and at said airport, now therefore: 1. It is mutually agreed by the Owner and the Lessee that the original lease for a term of ninety-nine (99) years executed • by the City of Jefferson, Missouri, as the Lessor, and J. Raymond Brummet, as the Lessee, on May 1, 1949, which lease, by virtue of written assignments, purchases and acquisition, is now held by 2. r , William E. Asel, is hereby cancelled and terminated. 2. In substitution of the lease hereinabove cancelled by the mutual consent of the parties hereto, the Owner does hereby lease, demise, grant and let to the Lessee, and the Lessee does hereby take and lease from the Owner the following-described premises and the following rights and easements on and to the airport upon the terms and conditions hereinafter stated: A tract of land lying within the Commercial Area of the Jefferson City Memorial Airport which lies south of the east-west asphalt taxiway more specifically described as follows: Part of New Madrid Private Survey No. 2638, Callaway County, Missouri, more particularly described as follows : From the northwest corner of New Madrid Private Survey No. 2638; thence south along the west line thereof, 1116. 0 feet; thence easterly, parallel with the north line of New Madrid Survey No. 2638, 488. 0 feet to the northwest corner of a building; thence S 640 14' E, 80.0 feet; thence S 250 46' W, 76.0 feet; thence N 64° 14 ' W, 80.0 feet; thence N 250 46' E, 76.0 feet to the point of beginning. 3. To have to hold the premises described unto the Lessee, his successors and assigns, for a term of ten (10) years, commending on the lst day of 1gly , 1962, and terminating on the 30th day of __aune 1972; provided, however, that the term of this lease shall automatically be extended for further terms of five years under the general terms and conditions of this lease, unless the Lessee notifies the Owner in writing of his intention not to further extend the term of said lease at least ninety (90) days prior to the expiration of the original ten year term, or, if said lease has been extended for a further term or terms of five years, prior to the expiration of any extended five year term. 4. Lessee agrees to pay the Owner the sum of Three Hundred Four ($304.00) Dollars annually for the use of the leased premises described above, said rental being arrived at by multiplying the total number (6,080) of square feet hereinabove described by the rate • of five ( .05¢) cents per square foot, during the original term of this lease and any extension thereof. Said annual rental shall be pro-rated and paid on a monthly basis in advance. The first rental payment shall be due and payable on the _1st day of July , 1962, and subsequent payments shall be paid on the 1st day of each 3. month thereafter during the term of this lease or any extended term thereof. 5. Lessee shall have the rigli to: (a) The non-exclusive use, in common with others, of the airport parking areas, appurtenances and i*provements thereon: (b) The right to install, operate, maintain, repair and store, subject to approval of Owner in the interests of safety and convenience of all concerned, all equipment necessary for the conduct of Lessee's business; (c) * The right of ingress to and egress from the demised premises, which right shall extend to Lessee 's employees, passengers, guests, ifivitees, and patrons; (d) The right in and on the demised premises to locate, maintain and operate full aircraft servicing facilities, to sell aircraft, engines, accessories, and parts, and to provide a repair shop for the repairing and servicing of aircraft engines, instruments, propellors, and accessories in connection with said business; the right to conduct such activities shall apply to aircraft of other persons as well as aircraft belonging to Lessee. Said property is not to be used for any purposes other than those authorized herein without the written consent of Owner; (e) The right to give flying instructions, to provide pilots for operating planes of others and to carry passen- gers and freight for hire, subject to all appropriate laws of the Federal Government, the State of Missouri, the ordi- nances of the City of Jefferson and the requirements of the FAA or anp,_•other duly authorized governmental agency; (f) The right in common with others authorized so to do, to use common areas of the airport, including runways, taxi- ways, aprons, roadways, floodlights, landing lights, signals and other conveniences for the takeoff and landing of air- craft of the Lessee. 6. Lessee shall not, at any time during the term of this lease, or in any manner; either directly or indirectly, assign, hypo- thecate, or transfer this agreement or any interest therein, without t he written consent of Owner. 7. Lessee agrees to observe and obey during the terms of this lease all laws, ordinances, rules and regulations promulgated by the Owner and by any other proper authority having jurisdiction over the conduct of operations at the airport. 8. During any time when the airport shall be closed by any lawful authority restricting the use of the airport in such a manner as to interfere with the same by the4Lessee for its business operations, the rent shall abate and the period of such closure • shall be added to the term of this lease so as to extend and postpone the expiration thereof. 4. 9. Failure of Lessee to pay the rent hereunder within fifteen days after same shall be due, except as provided in Paragraph eight (8) shall authorize Owner, at its option and without any legal proceedings, to declare this lease void, cancel same and re-enter and take possession of the premises. 10. If Lessee shall violate any of the restrictions in this lease, or shall fail to keep any of its covenants after written notice to cease such violation and a reasonable time thereafter to correct same, Owner may at once, if he so elects, terminate the same and take possession of the premises. 11. Lessee agrees to furnish good, prompt and efficient service adequate to meet all the demands for service at the airport; to furnish said service on a fair, equal and nondiscriminatory basis b all users thereof; and to charge fair, reasonable and nondiscrimin- atory prices for each unit of sale or service, PROVIDED, that Lessee may make reasonable and nondiscriminatory discounts, rebates, or other similar types of prices reductions to volume purchasers. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of any exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. 12. Owner reserves the right to further develop or improve the landing area of the airport as he sees fit, regardless of the dews or desires of the Lessee, and without interference or hindrance. 13. Owner reserves the right, but shall not be obligated to . tie Lessee, to maintain and keep in repair all landing areas of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 14. Owner reserves the right to take any action he 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 Owner would limit the use- 40 fulness of the airport or constitute a hazard to aircraft. 15. During the time of war or national emergency Owner shall 5. 1 '1 have the right to lease the landing area or any part thereof to tte United States Government for military or naval use, and if any such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the government, shall be suspended. 16. This lease shall be subordinate to the provisions of any existing or future agreement between Owner and the United States, relative to the operation 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. 17. Owner hereby gives the Lessee an option to lease an area of 80 ft by 80 ft immediately adjacent to and northwest of the premises described in Paragraph 2 above at an annual rental of . 05¢ per square foot, amounting to $320. 00 per year, under the same terms and conditions of this lease, and Owner agrees not to lease said adjacent 80 x 80 sq. ft. to any other party without first giving Lessee an opportunity to exercise its option to lease this adjacent 80 square foot tract. In the event Lessee exercises this option, rent shall become due from the date the option to lease is exercised. In the event another party wishes to lease said area from the Owner and Lessee declines to exercise said option, said option shall be cancelled. ® 18. It is mutually agreed by the parties hereto that at the expiration of the term of this lease ofd a renewal thereof, if said Lessee desires to remove any and all buildings or construction work that he may have put on the above described premises he shall have the right and privilege to do so, provided he gives to the said Owner (60) sixty days written notice before the expiration date of this lease oft the renewal thereof, of his intention so to do, and provided further that the removal of said buildings and construction work from said described premises shall be fully and completely done not later than (30) thirty days from the date of the termination of this lease or the reowmal thereof, and provided further that in the event there is a forfeiture or termination of this lease as set out herein, said Lessee shall remove all buildings and construction work on the 6. t , above described premises within (60) sixty days from the date of said forfeiture or termination of this lease, and if said Lessee does not remove said buildings and construction work on said premises as hereinabove set out within the time as provided herein, said buildings and construction work shall become the property of said Owner and said Lessee shall have no further right , title or interest to same. It is mutually agreed by the parties hereto that all buildings constructed by Lessee as set out herein shall be used for aviation purposes as defined in operational agreement between these said parties and that said Lessee will not use the within described premises or building in any way contrary to federal or state law or city ordinance. ® 19. It is mutually agreed by the parties hereto that the City shall have the right to purchase any and all buildings constructed on said premises by said Lessee for the price and sum and in the manner as now set out and specified by ordinance of the City of Jefferson, Missouri, and it is further agreed that said Lessee will furnish to the City within a reasonable time after the completion of all construction work as herein provided as itemized statement of the cost of said construction work. IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures the day and year first above written. CITY OF JEFFERSON, MISSOURI, A MUNICIPAL CORPORATION By: Mayor Attest : ity er r � essee 7. Y Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: August 6, 1962 Approved: August 69 1962 President of the Counc yor C. F. WHALEY C. F. WHALEY Attest: City Clerk HAROLD B. BAKER, Jr. ii