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