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• '- 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
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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
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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
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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
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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
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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
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essee
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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.
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