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Home My Public Portal AboutORD05161 in the construction of the High Street Viaduct aijd ',Valiiut Street Bridge, said sum to be distributed as follows, to-wit: G. H. Bulle Milling (;omparW, $2 .500.00; Stanley e. Howard and Mildred S. Howard $1 ,500.00; Bertha U. Brondel, $3.,000.00; John 0. Noties, $1,50C.00; Paul J. K'rehner & Cpaital "ity uilding and LoaLi Associatitbn.,� 1 ,125.00; Velma Gentry, $1, 550.00; Vlema bxeiitry, $2,400.00; "larence Mueller., $500.00. Section 3, The il►ayor arid city lerk are hereby authorized to issue warrants payable to the parties as spe81fied herein. Passed May 20 1949 Approved— May 21, 1949 Lawrence Lutkewitte Lawrence Lutkewitte President of the Council Major Attest: Henry W. Ells Uity Olerk #5161 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF JEFFERSOI,", MISSOURI,, A MUj-qICIPAL CORPORATION, TO SIGN AND EXECUTE A CERTAIN LEASE 014 THE ? ART OF THE CITY OF JEFFERSON. MISSOURI, AS HEREIN- AFTER SET OUT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. he Playor of the City of Jefferson., Missouri, a municippal corporation, is liereby authorized had-directed '.to sign arid execute on behalf of the City of Jeffereon, M, ss4ri, a certain lease, the terms of said lease to be as follows, to-wit: L E A S E THIS INDENTURE OF LEASE made this the 1st day of May, 19492 by and between the city of Jefferson, State of Missouri., a municipal corporation, existing by and under the authority of the laws of the State of Yissouri, hereinafter referred to as the Lessor, , and Raymond Brummet, doing business as the Brummet Aircraft Company, hereinafter referred to as the "essee., WITNESSETH: WHEREAS, the Lessor owns and operates near the .Aty of Jefferson Missouri., its airport, being known as the Jefferson pity lemorial Airport, and WHEREAS, said "essor is desireus of leasing to Lessee certain premises located on said airport, said premises being described as follows, to-wit: Ah Said premises being located and marked on Exhibit A attached hereto and made a part hereof, and, 1 WHEREAS, said Lessee desires to construct certain buildings on the premises as shown and marked on said Exhibit A. NOW, THEREFORE, and in consideration of the rents, covenants and agreereiits, herein contained, Lessor does hereby lease, demise, grant arid let to said Lessee, and said Lessee does hereby take and lease from said ' essor the premisos as shown on Exhibit A upon the following terms and conditions, to-wit: Th have and to hold the above described premises with all the priveleges and appurtenances Belonging to the same acid to the Lessee, his successors and assigns for a term of (10) ten years COMMIeLiCing on the 1st day of June,, 1949, and ending on the 31st day of May, 1959, said Lessee to have the right, privelege and option of renewing this lease for axi additional period of (10) yearsg pro- vided said Lessee gives to said Lessor in writing his notice to the effect that he desires to renew this lease for ari additional (10) ten years period, said notice to be given at least sixty days before X304 the expiration date of t is lease, arid in the event said Lessee does exercise his option herein, either party may, if lie or it desires a change in the rental on the premises herein located, that is the rental as herein agreed upon is not irutually agreed upon and satisfactory to both parties, then in that event the matter of the amount of the rental for the additional (10) teU year period shall be determined by a board 6f arbitration, one member to be chosen by the Lessor, one member to be c -,osen by the Lessee, Mid the two rrembers chosen to choose a third member to determine the amount of the new rental., arid the decision of said arbitration board shall be final and binding on all parties hereto. -uessee shall have the right to erect buildings on the tracts of land as shown on Exhibit A and the type arid specifications of said buildings to be erected and constructed on said racts of land are shown on ;Ixhibit B attached hereto and made a part hereof., Lessee agrees to construct arid erect said described buildings and do said construction work upon the premises vAthin x 120 days from the execution of this lease . Lessee agrees to pay to Lessor for the use of the said premises as shown on Exhibit A the sum of (5) five cents per square foot per year during the term of this lease. Said rental shall be pro- rated and p aid on a monthly basis, and shall be paid In advance , and same shall start and be due arid payable on the 1st day of June., 1949, arid on the 1st day of each calendar month thereafter during the term of this ease . Failure on the part of Lessee to pay the monthly rental herein specified for 1 months after same shall become due or to erect and construct the above described buildings within a reasonable time from t?-e execution date of this lease or failure to perform any or all conditions of tis lease shall authorize Lessor at is option to declare I this ! ease void, cancel the same andre-enter and take possession of the premises. Lesses will maintain all ofthe buildings and improvements that he erects on the property as shown in Exhibit A and Exhibit B in good order and repair aild will make such repairs as. are necessary and will maintain on the demised premises full coverage of insurnance against loss or damage by fire or other casual*y for the protection of the public in the minimum amount of $20,000 damage to any one person or $50,000 damage caused by any one accident to be writ ten by an underwrited that will be approved by the Lessor. It is mutually agreed by theparttes hereto that Lessee shall not at any time during the time of this lease or in any manner either directly or indirectly assign or hypotecate or transfer this agree- ment or any interest therein without the written consent of Lessor, provided that said Lessee shall have the right to lease that portion of the buildings placed on the premises by -essee which are riot needed by Lessee in the operation of his business., . and FURTHER PROVIDED that such leasing shall be with the written consent of Lessor. Lessor reserves the right to enter upon the remises at any reasonable time for the purpose of making any inspection it may deem expedlient to the p roper enforcement of any of t he coveriants or conditions of this agreement. -Lessee aggeees to operate the premises leased for the use and benefit of the public, to make avai- lable all airport facilities and services tot-hhe public without un- ,iust disordination, to refrain from imposing or levying excessive, disotrminatory or otherwise unreasonable charges or fees for any use of the airport or its facilities for any airport service. It is mutually agreed by the parties hereto that at the expiration of the term of this lease of 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 as shown by Exhibit A, he shall have the ri ht and privilege to do so, provided he gives to the said "essor (60� sixty days written notice before the expiration date of this lease or the renewal thereof, of his intention so to do, and provided further thWt the removal of said buildings and instruction work fromsaid described premises shall be fully. and completely done not later than (30) thirty days from the date of the terii•1-ination of. 'this lease or the renewal thereof,, and provided further that In the event there is a forf6iture or termination of this lease as set out herein, said Lessee shall remove all btildings and constructions work on the above de- scribed premises within (60) sixty days from the ddte of said forfeiture or termination of this lease, aiid if said Lessee does not remove said buildings and construction work on said premises as hereinabove set out within the time as providdd herein, said buildings and construction work shall become the property of said Lessor and said Lessee shall have no further right, title or interest to same. 1t is mutually agreed by the parties hereto that all build- ings constructed by Lessee as set out herein shall be used for aviation purposes as defined in operational agreement between these said arties and that said Lessee will not use the within described premises or buildings in any way contrary ro federal or state low or city ordinancex. It is mutually agreed by the parties hereto that the City shall have the right to purchase and 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, Missouh.i, arid 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 an itimized statement of the cost of said construction work. Iti is understood and agreed that nothing herein contained shall be construed to grant or authorize the right of granting an e exclusive right within the meaning of Section 303 of the Civil Aeronautics Act. during the time of war or national emergency Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, ans if any such lease is executed, the provisions of this instrument in so far as they are inconsistent withthe provisions of the lease to the government shall be suspended. This lease shall be subordinate to the provisions of ay existing or future agreemEmt between Lessor or the Tited States or State of Missouri relative to the operation or maintenance of the airport., the execution of which has been required as a condition precedent bb the expenditure of Federal funds or which has been or will be required as a condition precedent to the expenditure of state funds for the development of the airport. It is mutually agreed by the parties hereto that if said Lessee shall violate any of the covenants or conditions of this agreement after written notice to cease such violation and a reason- able time thereafter to correct same has been given to said Lessee by said Lessor, Lessor may at once, if it so elects, terminate this agreement. IN WITNESS WHEREOF the parties have hereunto set th&ir hands and signatures the day and year first above written. CITY OF JEFFERSON,, MISSOURI, A MUNICIPAL CORPORATION, ATTEST: BY a'gor City C;lerk Lessee Section 2. All ordinances or arts of ordinances in conflict with this ordinence are hereby repealed. Section 3. this ordinm ce shall take effect and be in force from and a f ter i is p assage and approval. Passed May 20 1949 Approved - _ _ _242 21 1949