HomeMy Public PortalAboutORD15206BILL NO. 2013-107
SPONSORED BY COUNCILMAN --=S=cr...:...::iv...:...::n=er,___ __ _
ORDINANCE NO . _ ____;_/....:=:;;......,:J/J:....-=--¥-6 ______ _
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI
STATE HIGHWAY PARTOL FOR A GROUND LEASE AT JEFFERSON CITY
MEMORIAL AIRPORT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS
FOLLOWS :
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with the Missouri State Highway Patrol for a Ground Lease at
Jefferson City Memorial Airport .
Section 2 . The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3 . This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed : {).ec • 3 . ){Jj j
I
Approved : 12/t: (! J
Mayor
!?.
p d fl/aL i res1 1ng 1c
ATIEST: APPROVED AS TO FORM:
City Counselor
LEASE AGREEMENT
BETWEEN
CITY OF JEFFERSON
AND
MISSOURI STATE HIGHWAY PATROL
(Missouri State Lease #01400870)
LEASE AGREEMENT
THIS AGREEMENT, Missouri State Lease 401400870, made and entered into this
day of January, 2014 by and between the City of Jefferson City, Missouri, a municipal corporation,
hereinafter designated as "Lessor" and Office of Administration, Division of Facilities
Management, Design and Construction hereinafter designated as "Lessee" on behalf of the
Department of Public Safety, Missouri State Highway Patrol, hereinafter designated as "Tenant".
WITNESSETH
WHEREAS, the Lessor now owns and operates the Jefferson City Memorial Airport,
located in Jefferson City, Missouri: and
WHEREAS, the Lessee has purchased a single airplane hangar upon the described
premises set out below, and
WHEREAS, the Lessee wishes to occupy the described premises.
NOW, THEREFORE, for and in consideration of premises and mutual undertakings,
agreements and covenants hereinafter set forth, the parties hereto agree as follows:
ARTICLE I
PREMISES AND PRIVILEGES
For and in consideration of the terms, conditions and covenants of this Lease to be
performed by Lessee, all of which Lessee accepts, Lessor hereby leases to Lessee and Lessee
hereby hires and takes from Lessor certain property, together with improvements thereon, if any,
(hereinafter called "demised premises"), and certain attendant privileges, uses and rights, as
hereinafter specifically set out.
Missouri State Lease 401400870
A. DESCRIPTION OF PREMISES DEMISED
The Premises hereby leased is that certain tract of real estate described as follows:
Part of the Northwest quarter of Section 15. Township 44, Range 11, in the
County of Callaway, State of Missouri,being more particularly described as
follows:
From the northwest comer of said Section 15; thence southerly along the
west line of Said Section 15, 1,793.70 feet; thence deflecting 9l degrees 16'
to the left, 310.75 feet to the point of beginning of this description; thence
deflecting 90 degrees 00 minutes to the left. 195 feet; thence deflecting 90
degrees 00 minutes to the left. 150 feet, thence deflecting 90 degrees to the
left, 195 feet; thence deflecting 90 degrees 00 minutes to the left. 150 feet to
the point of beginning.
comprising approximately 29.250 square feet total.
B. USE OF PREMISES DEMISED
Lessor hereby grants Lessee the right to use said demised premises for the purpose of
storing thereon an airplane or airplanes for Lessee's personal use.
Lessee shall not use or permit the use of any part of the leased premises in any other
manner than set forth above, without the prior written consent of Lessor. DISPENSING and
SALE of aviation fuels and lubricants is prohibited.
It is understood and agreed between the parties that the Lease is contingent upon the Lessee
receiving appropriations therefore from the Missouri General Assembly. Monies are appropriated
according to the State of Missouri's fiscal year, which begins July 1, and ends June 30. In the
event that sufficient funds are not appropriated by the Missouri General Assembly for an), fiscal
year during this Lease, Lessee shall immediately notify Lessor of the event of
non-appropriation. Lessee shall vacate the premises no later than July 1. The Lease shall be
deemed to have expired of its own terms and Lessee shall have no further obligation hereunder.
C. OBSERVANCE OF STATUTES. ETC.
The granting of this lease and its acceptance by Lessee is conditioned upon the right to use
said public airport facilities in common with others authorized to do so, provided however, that
Lessee shall observe and comply with any and all requirements of the constituted public
authorities and with all Federal. State or local statutes, ordinances, regulations and standards
applicable to Lessee pertaining to the airport.
2
Missouri State Lease @01400870
ARTICLE 11
INGRESS AND EGRESS
Upon paving the rental hereunder and performing the covenants of this Agreement, Lessee
shall have the right of ingress to and egress from said demised premises for the Lessee, its officers,
employees, agents, servants, customers, vendors, suppliers, patrons, and invitees over the roadway
provided by Lessor serving said premises, and the right of ingress to and egress from the landing
area for airplanes. Said Lessor's roadway, aircraft parking ramps and taxiways shall be used jointly
with other tenants on the airport and Lessee shall not interfere with the rights and privileges of
other persons or firms using said facilities.
The Lessor reserves the right to restrict access to the demised premises during times of
flooding or imminent flooding or on the fourth of July.
ARTICLE III
OBLIGATIONS OF LESSEE
A. NET LEASE
The use and occupancy of the demised premises by Lessee will be without cost or expense
to Lessor. It shall be the sole responsibility of Lessee to keep, maintain, repair and operate the
entirety of the demised premises and all improvements and facilities thereon at Lessee's sole cost
and expense.
B. MAINTENANCE AND REPAIR
Lessee shall maintain the leased premises at all times in a safe, neat and sightly condition
and shall not permit the accumulation of any trash or debris on the premises, and shall remove such
debris to a disposal site off the premises of the Airport.
C. ALTERATIONS AND REPAIRS TO PREMISES
Further, Lessee agrees not to construct, install, or remove, modify and/or repair any of the
premises leased hereunder without prior written approval of the Director of the Department of
Public Works, such approval not to be unreasonably withheld but shall be contingent upon
approval by Lessor of plans and specifications for the proposed project as well as other operating
conditions considered by Lessor to be necessary.
Lessee shall hold the City of Jefferson harmless and reimburse it for any and all expenses
of any nature whatsoever arising out of any claim for said improvements, changes or repair.
Cancellation of the lease shall not be deemed a waiver of the Lessee's other remedies at law.
3
Missouri State Lease #01400870
D. UTILITIES
Lessee shall assume and pay for all costs or charges for utility services furnished to Lessee
during the term hereof; provided, however, that Lessee shall have the right to connect to any and
all storm and sanitary sewers and water and utility outlets at its own cost and expense; and Lessee
shall pay for any and all service charges incurred therefor.
E. TRASH. GARBAGE, ETC.
Lessee shall provide a complete and proper arrangement for the adequate sanitary handling
and disposal, away from the Airport, of all trash, garbage and other refuse caused by a result of the
operation. Lessee shall provide and use suitable covered metal receptacles for all such garbage,
trash and other refuse.
Piling of boxes,cartons, barrels or other similar items, in an unsightly or unsafe manner, on
or about the demised premises, shall not be permitted.
F. SIGNS
Lessee shall not erect, maintain, or display upon the outside of any improvements on the
demised premises any billboards or advertising signs, except the Lessee may install a sign
identifying the organization and displaying its official logo approved by Lessor. Provided,
how=ever, Lessee must apply for and obtain a permit for any signage from the City's Department of
Public Works.
G. FIELD USE CHARGES
Nothing herein shall be deemed to relieve Lessee and its sublessees, invitees, and others
from field use charges or other fees, as are levied generally by Lessor directly upon the operation
of aircraft.
H. NONDISCRIMINATION
The Lessee for himself, his heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that in the event facilities are constructed, maintained, or otherwise operated
on the said property described in this lease for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the provision of similar services
or benefits, the Lessee shall maintain and operate such facilities and services in compliance with
all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation, and as said Regulations may be amended.
The Lessee for himself, his personal representatives, successors in interest, and assigns, as
a part of the consideration hereof, does hereby covenant and agree as a covenant running with the
land that: (1) no person on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities,(2)that in the construction of any improvements on, over, or under such land and the
4
Missouri State Lease #01400670
furnishing of services thereon; no person on the grounds of race, color; or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination,
(3)that the Lessee shall use the premises in compliance with all other requirements imposed by or
pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department
of Transportation, and as said Regulations may be amended.
Lessee shall comply with all FAA and U.S. Code requirements as to nondiscrimination.
I. F.A.A. AND AIRPORT INSTRUMENTS
The Federal Aviation Administration and the Lessor are hereby granted the right and
privilege by lessee to place on and around the above described premises, without cost to the
Lessee, whatever instruments and equipment they desire during the term of this lease, so long as
said instruments or equipment do not interfere with the intended use of the premises by the Lessee.
ARTICLE IV
TERM OF LEASEHOLD
The term of this lease shall be from July 1, 2013 through June 30, 2014. Thereafter there
shall be one (1)renewal for term of three years. The renewals shall vest and the lease shall renew
without action by either party unless either party gives 30 days written notice before the last day of
the lease term.
ARTICLE V
RENTALS AND FEES
A. GENERAL
For the ground area herein demised, Lessee shall pay to Lessor a fixed annual rental as
hereinafter set forth.
B. FACILITIES RENTAL
The rental for the term of this lease and renewal terms shall be as provide in the Yearly Lease
column of the following table:
Lease Lease Area
Year Beginning Ending (SF) Lease Rate Yearly Lease
1 July 1, 2013 June 30, 2014 29,250 $0.2163 $6,326.78
`0 2
July 1, 2014 June 30, 2015 29,250 $0.2295 $6,712.88
E N
, 3 July 1, 2015 June 30, 2016 29,250 $0.2295 $6,712.88
X
W 4 July 1, 2016 June 30, 2017 1 29,250 1 $0.2295 1 $6,712.88
5
Missouri State Lease #01400870
C. TIME AND PLACE OF PAYMENT
All payments are to be made to the City of Jefferson, Department of Public Works, Airport
Division, 320 East McCarty Street, Jefferson City, Missouri 65101, or such other place the Lessor
may direct Lessee, in writing.
D. NATIONAL EMERGENCY
In the event possession of the demised premises and the improvements thereon is assumed
by the United States of America under any emergency powers, the rent due under this lease shall
abate for the period of such possession. If the Lessee shall be reimbursed by the United States
Government for its assumption of possession, then the rental provisions of this lease shall remain
in effect, but provided further,however, that if said reimbursement is less than the amount of rental
herein provided, the Lessee shall be required to pay to the City only such amount of
reimbursement as it shall receive from the United States Government.
ARTICLE VI
INSURANCE BY LESSEE
A. LIABILITY INSURANCE
Under the advice of the Attorney General of the State of Missouri, Lessee is unable to
maintain public liability insurance in the name of the Lessee. Lessee does not abrogate its
sovereign immunity except as worded in Sections 537.600 to 537.650, RSMo. In lieu of
maintaining public liability insurance in the amounts of not less than $100,000/$1,000,000 with
reputable insurance companies, insure the Lessee against any and all claims for damages arising
from the use, control, or maintenance of aircraft on the demised premises by the Lessee or its
employees, Lessee is covered by the State of Missouri Legal Expense Fund established pursuant to
Section 105.711 to 105.726, RSMo.
B. RESTORATION OF CASUALTY LOSSES
In the event of fire or other loss to the leased premises, Lessee shall within ninety(90)days
thereafter promptly restore the demised premises to their condition prior to such loss.
Notwithstanding the foregoing, if the demised premises are totally destroyed or damaged to an
extent which substantially interferes with the ability of Lessee to conduct its business on the
demised premises, then the Lessee shall have the option to remove the damaged improvement and
the debris resulting therefrom and restore the surface condition of said demised premises to its
original condition, at which date this lease shall be deemed canceled. If said destruction is of such
extent that complete rebuilding is necessary, the Lessee may elect to rebuild and shall have a
reasonable period of time in which to complete said rebuilding, during which period the Lessee
shall continue to pay the City the rents provided in this lease or any renewal thereof.
6
Missouri State Lease #01400870
ARTICLE VII
TERMINATION OF LEASE. ASSIGNMENT. TRANSFER AND CANCELLATION
A. TERMINATION
This Lease shall terminate at the end of the full term hereof or the option term, if exercised,
and Lessee shall have no further right or interest in any of the ground improvements hereby
demised, except as provided in Article VIII.
B. CANCELLATION BY LESSEE
This Lease shall be subject to cancellation by Lessee after the happening of one or more of
the following events:
I. In the event City should cease to operate or maintain an airport adjacent to the
demised premises.
2. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or any substantial part or
parts thereof, in such a manner as substantially to restrict Lessee for a period of at
least ninety (90) days from operating thereon.
3. Issuance of any court or competent jurisdiction of any injunction in any way
preventing or restricting the use of the Airport, and the remaining in force of such
injunction for a period of at least ninety (90) days.
4. The default by Lessor in the performance of any covenant or agreement herein to be
performed by Lessor and the failure of Lessor to remedy such default for a period of
sixty (60) days after receipt from Lessee of written notice to remedy the same.
5. Failure by the State of Missouri to budget sufficient funds into the budget of Lessee
for payment of this lease shall authorize Lessee to terminate their leasehold.
Lessee may exercise such right of cancellation by written notice to Lessor at any time after
the elapse of the applicable periods of time and this Lease shall terminate as of that date. Rentals
due hereunder shall be payable only to the date of said termination.
C. CANCELLATION BY LESSOR
This Lease shall be subject to cancellation by Lessor in the event Lessee shall:
1. Abandon the demised premises.
2. Discontinue its operations as outlined in Article 1, Section B.
7
Missouri State Lease #01400870
3. Defaults in the payment of rent within five (5) days after being due, then City after
giving written notice of default may within ten (10)days thereafter elect to declare
this lease forfeited, in which event Lessee shall surrender possession of said
premises peacefully to the Lessor. If Lessee shall default in any of the other
covenants herein contained and shall continue in such default for a period of thirty
(30) days after notice thereof in writing from the Lessor, the Lessor shall have the
election to declare this lease forfeited and thereupon, the Lessee shall surrender
possession of said premises. Lessee shall have the right to remove the
improvements from the demised premises as provided herein with respect to
removal on termination of the lease, except that Lessor may require any back rental
payments to be made before allowing such removal.
In any of aforesaid events, Lessor may take all legal remedies available for violation of a
lease clause. Upon said default, all rights of Lessee shall be terminated provided, however,
Lessor and Lessee shall have and reserve all of their available remedies at law as a result of said
breach of this contract.
Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the
reasons set out shall not operate to bar, destroy or waive the right of Lessor to cancel this Lease by
reason of any subsequent violation of the terms hereof.
D. WAIVER OF STATUTORY NOTICE TO QUIT
In the event Lessor exercises its option to cancel this agreement upon the happenings of
any or all of the events set forth in Section C (Cancellation by Lessor), a notice of cancellation
shall be sufficient to immediately cancel this Agreement: and, upon such cancellation, Lessee
hereby agrees that it will forthwith surrender up possession of the demised premises to the City as
set forth in Article VIII.
E. ASSIGNMENT AND SUBLETTING
The Lessee shall not sublease, or assign this lease without first obtaining the written
approval of the City through the Director of the Department of Public Works; but in such event,
Lessee shall remain liable to Lessor for the remainder of the term of the lease to pay to Lessor any
portion of the rental and fees provided for herein. Said sublessee or assignee shall not sublease or
assign said lease except with the prior written approval of Lessor and Lessee herein, and any
assignment by the Lessee shall contain a clause to this effect.
ARTICLE VIII
RIGHTS UPON TERMINATION
A. FIXED IMPROVEMENTS
At the termination of this Lease for any reason, Lessor shall be entitled at its option to have
8
Missouri State Lease #01400670
the land demised herein returned to it clear of all fixed improvements above ground level which
have been constructed by Lessee and restored to its original condition. Request for said removal
shall be set forth in writing by Lessor to Lessee thirty(30)days prior to termination of this lease. If
removal is not requested prior to said thirty (30) days, Lessee shall have no obligation for such
removal.
If Lessor requires such removal, Lessee may have ninety (90) days after termination in
which finally to remove any such improvements, and provided that such occupancy for purposes
of removal shall be subject to ground rentals due hereunder. If Lessee fails to remove said
improvements, they may thereafter be removed by Lessor at Lessee's expense.
The Lessee shall be the owner of all of the improvements which it makes on the demised
premises at its expense. Upon the termination of this lease, or any renewal thereof. Lessee shall
have the right to remove the said improvements at the cost of the Lessee, it being the purpose of the
parties that the title to said improvements shall not inure to the City through the theory of
annexation. In the event Lessee elects to remove the improvements, Lessee shall at its cost
restore the demised premises to their condition prior to the placing of the improvements thereon.
B. PERSONAL PROPERTY
Upon termination of this lease, Lessee shall remove all personal property from the demised
premises within ten (10) days after said termination and if Lessee fails to remove said personal
property, said property may thereafter be removed by Lessor at Lessee's expense.
ARTICLE IX
OBLIGATIONS OF LESSOR
A. SNOW REMOVAL
The Lessor will make every effort to clear snow and ice from parking and apron areas.
Removal will be done on a priority basis with runways and taxiways having priority.
B. SECURITY
The Lessor will direct its police to patrol the Airport terminal and apron areas.
ARTICLE X
GENERAL PROVISIONS
s
Missouri State Lease 901400870
A. LESSOR'S RESERVED RIGHTS
1. Lessor reserves the right (but shall not be obligated to Lessee)to maintain and keep
in repair the landing area of the airport and all publicly-owned facilities of the
airport.
2. Lessor reserve the right further to develop or improve the landing area and all
publicly-owned air navigation facilities of the airport as it sees fit, regardless of the
desires or views of the Lessee, and without interference or hindrance.
I Lessor reserves the right to take any action it 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 Lessor would limit the usefulness of
the airport or constitute a hazard to aircraft.
4. During time of war or national emergency Lessor shall have the right to enter into
an agreement with the United States Government for military or naval use of part or
all of the landing area, the publicly-owned air navigation facilities and/or other
areas or facilities of the airport. If any such agreement is executed, the provisions
of this instrument, insofar as they are inconsistent with the provisions of the
agreement with the Government, shall be suspended.
5. It is understood and agreed that the rights granted by this agreement will not be
exercised in such a way as to interfere with or adversely affect the use, operation,
maintenance or development of the airport.
6. There is hereby reserved to the City of Jefferson City, its successors and assigns,
for the use and benefit of the public, a free and unrestricted right of flight for the
passage of aircraft in the airspace above the surface of the premises herein
conveyed, together with the right to cause in said airspace such noise as may be
inherent in the operation of aircraft, now known or hereafter used for navigation of
or flight in the air, using said airspace or landing at,taking off from, or operating on
or about the airport.
7. This lease shall become subordinate to provisions of any existing or future
agreement between the Lessor and the United States of America or any agency
thereof relative to the operation, development, 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.
10
Missouri State Lease #01400870
8. Lessor, through its duly authorized agent, shall have at any reasonable time during
business hours the full and unrestricted right to enter the leased premises for the
purpose of inspection.
B. NON-INTERFERENCE WITH OPERATION OF AIRPORT
Lessee by accepting this Lease expressly agrees for itself, its successors and assigns that it
will not make use of the leased premises in any manner which might interfere with the landing and
taking off of aircraft from Jefferson City Memorial Airport or otherwise constitute a hazard. In the
event the aforesaid covenant is breached, Lessor reserves the right to enter upon the premises
hereby leased and cause the abatement of such interference at the expense of the Lessee.
C. RELOCATION OF IMPROVEMENTS
In the event Lessor requires the demised premises for expansion or development of the
airport Lessor reserves the right, on six (6) months' notice, to relocate or replace Lessee's
improvements in substantially similar form at another location on said Airport. In said event,
Lessee shall have the right to terminate this Lease.
D. LESSOR'S OPTION TO PURCHASE
Lessor reserves the right to purchase the improvements constructed on the premises by
Lessee at the termination of the lease on the following terms: The Lessor and Lessee shall each
obtain an appraisal on the improvements. If the appraised values are within ten percent (10%) of
each other, then the average of the two appraised values will determine the purchase price, but if
the values differ from each other by more than ten percent (10%) then the purchase price will be
negotiated. In the event the City desires to exercise the option to purchase, it shall give to the
Lessee, in writing, notice of its intention to purchase the improvements six (6) months prior to the
purchase. Lessee may elect to retain and remove said improvements from the demised premises at
its own cost and at no cost to the Lessor and Lessee shall also at its cost restore the demised
premises to their original condition, prior to improvements.
E. SERVICES
The Lessor shall have no responsibility or liability to furnish any services to Lessee other
than those specified in this lease. but Lessee may negotiate with Lessor for any additional services
it may request and shall pay for such additional services the consideration so negotiated.
F. PARAGRAPH HEADINGS
The paragraph headings contained herein are for convenience in reference and are not
intended to define or limit the scope of any provision of this lease.
u
Missouri State Lease #01400810
G. NOTICES. CONSENTS AND APPROVALS
Whenever any notice or payment is required by this Lease to be made, given or transmitted
to the parties hereto, such notice or payment shall be deemed to have been given if enclosed in an
envelope with sufficient postage attached to insure deliver, and deposited in the United States
mail, addressed to:
LESSOR..................City of Jefferson
Department of Public Works, Airport Division
320 East McCarty Street
Jefferson City, MO 65101
LESSEE................... Division of Facilities Management, Design and Construction
Real Estate Services
P. O. Box 809
301 West High Street, Room 730
Jefferson City, Missouri 65102
or such other place as either party shall in writing designate in the manner herein provided.
H. SUCCESSORS AND ASSIGNS
All of the terms, covenants and agreements herein contained shall be binding upon and
shall inure to the benefit of successors and assigns of the respective parties hereto.
I. AMENDMENTS TO LEASE
All amendments to this lease must be made in writing by mutual agreement to the parties,
and no oral amendments shall be in force or effect whatever.
ARTICLE XI
NON-EXCLUSIVE RIGHTS
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 Action of 1958.
Lessor reserves the right, at its sole discretion, to grant others certain rights and privileges
upon the Airport which are identical in part or in whole to those granted to Lessee.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed as
of the date first above mentioned at Jefferson City, Missouri.
12
Missouri State Lease #01400870
CITY OF JEFFERSON, MISSOURI Office of Administration
Mayo A.-Cavender. Facilities Operations
Manager, Real Estate Services
ATTEST:- ATTEST:
Approved.as to Form:
City Counselor
13
RECEIVED
JAN 13 2014