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HomeMy Public PortalAboutORD04727 337 It is further agreed by the lessee that if default shall be made in payment of any rent due for more than twenty (20) days after the same shall be due, as set out by the terms of this lease, the lessors, or thier legal representatives, shall be entitled to the posession of these premises, and possession thereof shall be peaceably surrendered to the lessors; and finally, at the end of the term thereof, the lesseer*ill surrender to the lessors, their heris, executors, or assigns, the peaceable possession of the above des- cribed premises in as good eondition as the same were received, loss by fire, storm and unavi:oidable accidents and wear and tear alone excepted. SECTI,:`N 2. This ordinance shall become effective immediately upon its passage and approval. Passed Aug, 9,, 1945 Approved Aug,! 1,,_0__- 1945 Jesse N ' Owens Jess�N Owens President of the "'ouncil Mayor Attest: H. W. E11s city Clerk #4727 AN ORDINANCE AUTHORIZING THE MAYOR IF THE CITY OF JEFFERSON, MISSOURI, A MUNICIPAL C(,RPORA^ION, TO SIGN AND EXr,CUTE A CERTAIN LEASE ON TTIF PART OF THE CITY OF J1 FFER;)'()N, MISSOHRI AS HEREIN* AFTER SET OUT TO JOSEPH RAYMOND BRUMMET, SAID LEASE PERTAINING TO THE LEASING OF A CERTAIN TRACT OF LAND TO BE USED AS AN AIR- PORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, AS FOLLOWS: Section 1. The Mayor if the vity of Jefferson, Missouri, a municipal corporation, is hereby aAthorized and directed to sign and execute on behalf of the City of Jefferson, Missouri, a certain lease with Joseph Raymond Brummet, said lease covering a certain tract of land to be used for an airport . and the terms of said lease to be as follows, to-wit: THIS INDENTURE OF LEASE, made th&s 10th day of August, 1945, by and between the City of Jefferson, lissouri, a municipal corporaa- tion, hereinafter referred to as lessor, end Joseph Raymond Brummet of the County of ole, State of Missouri, hereinafter referred to as lessee, ,9ITNES9ETH: That the -said lessor for and in consideration of the cov- enants and -agreements hereinafter mentioned, to be kept and perform- ed by the said lessee, has demised and 'leased to the lessee all of the premises as follows, to-wit: A certain parcel of land in W. B. Scott' s New Madrid -urvey No. 2622. in ownship 44, Range 11 West, bounded as follows: Beginning at the southeast corner of the land formerly belonging to John chappel in said W. B. Scott' s Survey, thence west with the south side said `'happel' s land and forthfive and 34/100 chains to the east bank of Cedar Creek; thence up the east bank of said creek north 31 degrees east five chains, thence north 24 degrees east twel ve chains, thence north 13 degrees east five chains, thence east 36.83 chains to intersect the east side of W. B. Scott's said survey, thence south li degrees west with the east side of said survey 20. 50 chains to the beginning; less all of the above described land lying east of the Chicago and Alton Railroad tract, being about three acres off of the southeast corner of said tract heretofore sold by said Abigail A. Kenney to Emily Ramsey, leaving 79.26 acres more or less. Also, all of the accretion land adjoining the west line of the above described land west to the center of turkey creek, formerly old cedar creek. 338 (Excepting the house and other outbuildings used by Paul S. Koch and Laura Koch) his wife, as their home and in c onnection therewith. ) TH HAVE AND TO HOLD the above described premises with all the privileges and appurtenances belonging to the same unto the lessee, his successors and assigns, for a term of _ t3yo years commencing on the 10th day of August, 1945, and ending on the 9th day of August, 194' , excepting in the event the lessor has its proposed new airport completed before the end of the term of this lease for normal airplanes operations as on the above described premises. Then, in that event only and at such time, this lease shall become of no further force and effect and shall be absolutely void at the option of said lessee, said lessor shall give to said lessee a written statement stating that said proposed new Airport is ready for normal operations, and after said lessee receives said written statement, he shall exercise said option by giving to said lessor a written statement stating hhat he desires to disc ntinue under the terms of this present lease. Said written statement to be given to said lessor by said lessee within sixty (60) days after said lessee has received the above mentioned written statement from said lessor, but this lease shall continue in full force and effect under the terms set out herein unless said lessee desires to exercise said option as above set out. The lessee in consideration of the leasing of the premises aforesdid by the lessor to the lessee does hereby covenant and agree with the lessor to pay the lessor as rent for the said pre- mises in the amount and sum of One Dolkar ($1.00) per year. 1has lease is made for the purpose of maintaining a 1Fnd- ing field and airport by the Lessee and for the conduct of all operations incident thereto. No exhibitions or activit;tenot con- nected with thr conduct of an airport shall be permitted on the premises without the consent and approval of the lessor. The lessee shall have the right to level and grade such parts of the ground herein described as may be necessary to provide safe and suitable landings for airplanes and the right to kake such other improvements from time to time as may be necessary in the operation of said airport, to erect new build- ings, and it is mutually agreed by the parties hereto that any new buildings constructed dvall re removed by the lessee at the termination of this lease unless the lessee serves notice in writing on said lessor sixty (60) days before the end of this lease stating that said lessee does not desire said buildings to be re- moved, but said .lessee shall have the right to remove any bdild- ings constructed, on said premises by said lessee if said lessee so desires to remove said structures. It is mutually agreed by the parties hereto that said lessee will nct at any time during the term of this lease put any rock gravel, or cinders on any airplane runway on the above described premises. The lessee shall receive all revenue from the use of the ground as an airport, excepting the lessor shall have the right to sow clover, alfalfa, other grass of shall grains in the above described premises so long as the sowing, growth, and harvesting of said crops do not interfere with the normal operati n of siad premises as an sirfiel, and said lessor shall receive. any and all revenue der *ved from said crops. It is mutually agreed by the parties hereto that the Civil Air Patrol of Jefferson "ity, Missouri, has a lease on the Build- ing located on the above described premises known as a machine shop; said lease will expire on the 31st day of October, 19450 Said lessor egrees to assign any and all rights that they may have in said lease to said lessee upon the signing of. this lease, and that at the expiration of said lease, said building shall be included as part c;f the buildings on the above described property and shall become part of this lease. 339 Said lessee agrees not to assign or sublet any tart of all of this lease unless said lessee obteine written permission from the lessor so to do. The lessee agrees to operate on airport for the benefit of the general 1bublic on the above described premises and take care of all minor maintenances of the runways and to maintain the lights, equipment, radio facilities, and landing premises so that said premises may at all times be reasonably suited for the purpose intended and in a manner suitable to the �,ivil Aeronautics Administration or other governriental authority having jurisdiction over the Blame for a Class 1 daylight field. Said lessee agrees to furnish an administration building on the above described premises suitable to the needs of said air- port and maintain the entire premises and administration build- ing in a sanitary and attractive manner. It is mutually agreed by the parties hereto that said lessee for and in consideration of the covenamts and agreements herein- mentioned agrees that starting on P;obember 1, 1945, to rent to the Civil "ir Patrol of Jefferson "ity, Yissouri, a reasonable space in the-north end of a building on the above described premises, known as the machine shop. Said lessee &grees: to rent said space for the price and sum of ten dollars ($10.00) per month. Said lessee agrees that in the event of an expansion of his business whereby it will become necessary for him to use said space that he will furnish suitable and adequate quarters in one of the other buildings located on said premises, said building known as middle buil( ing, for said ivial Air Patrol to meet and transact their business on the above described premises. Said lessee agrees to co tinue to give the said '-,ivil Air Patrol all of the rights and privileges that said Civil Air Patrolhas at the time of the signing of this lease as regards the use of the airfieldl located on the above described premises. Said lessee ae-rees to keep a wind direction chart on the tract of land purchased by said lessor for a proposed new airfield during the terms of this lease by means of the wind sock method. All charges made to the public by the lessee for the use of facilities at the premises or for service rendered or for ewuipment, materials, and supplies sold by the lessee at the pre- mises under the terms of this lease shall be reasonable and in line with the usual charge made for similar facilities, work, equip- ment, materials, and supplies by other reputable airports in the Mlissouri area, excepting said lessee shall have the right to con- tinue making the charges that he is charging at the time of the signing of this lease to the public for the use of the facilities on the above described premises, or for services rendered, or for equ pment, materiels and supplies sold by said lessee. It is mutually agreed by the parties hereto thr-t the lesses will hold the lessor harmless for any accidents of the lessee, dis agents, or employee on the said airport on account of any accidents or injuries growing out of the operation of said airport and said lesseez agrees to assume full responsibility for same. It is mutually agreed by the parties hereto that in the event said lessee fails to perform any of the terms or conditions of this lease, said lessee agrees to forfeit all rights that he May have under the terms of this lease, and agrees to deliver full and complete possession- of the above described premises and surrender same in a peaceeble manner to the lessor and said lessee agrees that at the end of the term of this lease to surrender to the lessor the peaceable possession of the above described premises in as good condition as the same were received, loss bf fire, storm, and unav&idable accidents and wear and tear alone excepted. All disputes arising under the terms of this lease shall be settled by a Board of Arbitration, said Board consisting of three members �on6C.m@Mberr;t' t be`-,chbsen- by the lesseby:'kid bne'')Member