HomeMy Public PortalAboutORD16050BILL NO. 2020-009
SPONSORED BY Councilmember Hussey
ORDINANCE NO. 119050
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH
RHK AIRPORT PROPERIES TO BUILD A COMBINED FACILITY TO HOUSE A
HANGAR, RESTAURANT AND AIRPORT ADMINISTRATION OFFICES AT THE
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 to execute a
development agreement with RHK Airport Properties to build a combined facility to
house a hangar, restaurant, and airport administration offices at the Jefferson City
Memorial Airport.
Section 2. This agreement shall be substantially the same in form and content as
Exhibit A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: � C) ht)
Presiding Officer
ATTEST:
_1
City Clerk
Approved: 2� D
Mayor Carrie Tergin
APPROVED AS TO FORM:
Cit A rney
16, D 5C)
LEASE AGREEMENT
BETWEEN
CITY OF JEFFERSON
AND
RHK AIRPORT PROPERTIES, LLC
LEASE AGREEMENT
THIS LEASE made and entered into the date last signed by a party as indicated below,
by and between the City of Jefferson City, Missouri, a municipal corporation, hereinafter
designated as "Lessor" and RHK Airport Properties, LLC, hereinafter designated as "Lessee."
WITNESSETH
WHEREAS, the Lessor now owns and operates the Jefferson City Memorial Airport,
located in Jefferson City, Missouri; and
WHEREAS, the Lessee wishes to occupy the hereafter described premises at the
Jefferson City Memorial Airport.
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") located upon the Airport (hereafter "airport"), and
certain attendant privileges, uses and rights, as hereinafter specifically set out.
A. DESCRIPTION OF PREMISES DEMISED
The demised premises hereby leased is that certain tract of real estate described as
follows:
See Attachment A
comprising approximately 23,855 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 and therein an airplane or airplanes for personal use, for storing equipment and
other personal property, for the operation and maintenance of an airport terminal building, and
for the operation of a restaurant.
Lessee shall not use or permit the use of any part of the demised 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.
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 or its use of the demised premises, including but not limited to rules and
regulations promulgated from time to time by the Lessor for the administration of the airport.
ARTICLE II
INGRESS AND EGRESS
Upon paying the rental hereunder and performing the covenants of this Lease, 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.
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 demised 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 demised 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
demised premises leased hereunder without prior written approval of the Lessor, 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 Lessor 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.
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 that Lessee may continue to display
the existing sign located upon the demised premises and may install an additional sign
identifying Lessee and displaying its official logo approved by Lessor; provided, however,
Lessee must apply for and obtain a permit for any new signage from the Lessor.
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 itself, 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 itself, its 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 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 demised 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 demised premises by the
Lessee.
ARTICLE IV
TERM OF LEASEHOLD
The term of this Lease shall be for Thirty (30) years subject to earlier termination for
cause as provided herein. The term of the Lease shall commence on July 1, 2020, and terminate
on June 30, 2050.
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
Lessee shall pay an annual rental rate per square foot as provided in Exhibit A, attached
hereto and its terms incorporated into this Lease by reference.
Such sum is to be paid annually on or before the execution of this Lease and on or before
January 1 of each year of this Lease.
C. TIME AND PLACE OF PAYMENT
All payments are to be made to the Lessor c/o City of Jefferson, Department of Public
Works, Airport Division, 320 East McCarty Street, Jefferson City, Missouri 65 10 1, 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 Lessor only
such amount of reimbursement as it shall receive from the United States Government.
ARTICLE VI
INSURANCE BY LESSEE
A. LIABILITY INSURANCE
Lessee agrees that it will at all times maintain public liability insurance in the amounts of
$500,000 bodily injury each person and $3,000,000 each accident with reputable insurance
companies, which insurance shall assure the obligation of the Lessee to save the Lessor harmless
from any and all claims for damages arising on the demised premises or resulting as a direct or
indirect consequence of the occupation and use of said demised premises by the Lessee. Current
copies of said insurance policies or certificates of insurance shall be furnished to the Lessor and
shall be promptly replaced upon expiration.
B. RESTORATION OF CASUALTY LOSSES
In the event of fire or other loss to the demised 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 Lessor the rents provided in this Lease or any renewal thereof.
ARTICLE VII
TERMINATION OF LEASE, ASSIGNMENT, TRANSFER AND CANCELLATION
A. TERMINATION
This Lease shall terminate at the end of the full term hereof, 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:
1. In the event Lessor 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 of 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 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.
Lessee may exercise such right of cancellation by written notice to Lessor at any time
after the lapse 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 I, Section B.
3. Default in the payment of rent and continued failure to pay said rent for a period
of ten (10) days after Lessor gives Lessee written notice of said default, in which
event Lessor may elect to declare this Lease forfeited and Lessee shall thereafter
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.
4. If Lessee fails to obtain any insurance required by this contract, or if any
insurance policy required by this contract expires or is canceled, then Lessee shall
cease all operation on demised premises until proper insurance is obtained. If
proper insurance is not obtained within fifteen (15) days then Lessor may declare
this Lease forfeited.
In any of aforesaid events, and after the expiration of any cure period, Lessor may take
immediate possession of the demised premises and remove Lessee's effects, forcibly, if
necessary, without being deemed guilty of trespassing. 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 Lease 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 Lease; and, upon such cancellation, Lessee hereby agrees
that it will forthwith surrender up possession of the demised premises to the Lessor as set forth in
Article VIII, subject to Lessee's rights to remove Lessee's building and improvements as
provided herein.
E. ASSIGNMENT AND SUBLETTING
The Lessee shall not sublease, or assign this Lease without first obtaining the written
approval of the Lessor; 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. Lessee shall have the right to rent hangar space to third parties for airplanes for
personal use.
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 the demised premises 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, Lessee shall have the right to
remove the hangar portion of the 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 Lessor through the theory of
annexation. At the termination of this Lease the Lessor shall become the owner of the airport
terminal building. 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 thirty (30) 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 encourage police to patrol the Airport terminal and apron areas.
ARTICLE X
GENERAL PROVISIONS
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, together with the right to direct and control all activities of the Lessee
in this regard.
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.
3. 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
a Lease 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 Lease is executed, the provisions of this
instrument, insofar as they are inconsistent with the provisions of the Lease with
the United States Government, shall be suspended.
5. It is understood and agreed that the rights granted by this Lease 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 Lessor, 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 Lease
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.
8. Lessor, through its duly authorized agent, shall have at any reasonable time and
upon reasonable notice during business hours and in the presence of a
representative of Lessee the full and unrestricted right to enter the demised
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 demised premises in any manner which might interfere with the
landing and taking off of aircraft from the 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
10
the values differ from each other by more than ten percent (10%) then the purchase price will be
negotiated. If the parties are unable to agree upon a purchase price, 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. 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 termination of the lease.
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 and reference and are not
intended to define or limit the scope of any provision of this Lease.
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 delivery, 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......................RHK Airport Properties, LLC
Attn: J. Kent Lowry
1200 West Stadium, Suite 200
Jefferson City, MO 65109
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, and no oral amendments shall be
in force or effect whatever.
is
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.
Lessee agrees that it shall use its best efforts to maintain the confidentiality of this Lease
Agreement but Lessee shall be permitted to disclose the provisions hereof to those persons who
have a "need to know," such as Lessee's members, prospective members of Lessee, Lessee's
attorneys, accountants, etc.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
as of the date first above mentioned at Jefferson City, Missouri.
CITY OF JEFFERSON, MISSOURI
0"4j, -
Mayor
Dated:
ATTEST:
Sol,...,..i
Approved as to Form:
RHK AIRPORT PROPERTIES, LLC
resident
Dated:
12
Ci
A
ey
RHK AIRPORT PROPERTIES, LLC
resident
Dated:
12
Attachment 'A'
Airport Lease
Part of the
Northwest Quarter of Section 15,
Township 44 North, Range 11 West,
All in Callaway County, Missouri
Tract G
Part of Private Survey Number 2638 in the Northwest Quarter of Section 15, Township 44 North, Range 11
West, in County of Callaway, in the State of Missouri, being more particularly described as follows:
From the Northwest Corner of Private Survey number 2638 and also the Northwest Quarter of the
aforementioned said Section 15, in a southerly direction, S 4030'00" E, along the west line of said Section 15, a
distance of 823.85 feet; Thence S 64°52'00" E, a distance of 809.76 feet; Thence S 05°46'00" E, 65.75 feet;
Thence S 84'25'12" W, 38.42 feet to the Point of Beginning of this description; Thence continuing
S 84-25'12" W, 145.61 feet; Thence S 05°21'47" E, 163.82 feet; Thence N 84°35'01" E, 145.26 feet; Thence
N 050 14'25" W, 164.23 to the Point of Beginning of this description. Containing an area of 23,855.3
square feet or 0.5476 acres more or less.
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NUMBER
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Ricky Morris Hurst, Missouri PLS#
2005000073
Department of Public Works
Jefferson City, Missouri
RHK Property Exhibit A
Ground Lease Rate
Hangar, Resturant and Administrative Offices Building
Uity Fiscal Year Lease Area SF
Be in
End Base Amount
October 31, 2020 $0.2660
October 31, 2021 $0.2740
October 31, 2022 $0.2822
-Yearly Lease
2020" 23,855
July 1, 2020
$2,115.14
2021 23,855
November 1, 2020
$6,53627
2022 23,855
November 1, 2021
$6,731.88
2023
23,855
November 1, 2022
October 31, 2023
October 31, 2024
$0.2907
$6,934.65
2024
23,855
November 1, 2023
$0.2994
$7,142.19
2025
23,855
November 1, 2024
October 31, 2025
October 31, 2026
$0.3084
$0.3176
$7,356.88
2026
23,855
November 1, 2025
$7,576.35
2027
23,855
November 1, 2026
October 31, 2027
$0.3272
$7,805.36
2028
23,855
November 1, 2027
October 31, 2028
$0.3370
$8,039.14
2029
23,855
November 1, 2028
October 31, 2029
$0.3471
$8,280.07
2030
23,855
November 1, 2029
October 31, 2030
$0.3575
$0.3682
$8,528.16
2031
23,855
November 1, 2030
October 31, 2031
$8,783.41
2032
23,855
November 1, 2031
October 31, 2032
$0.3793
$0.3907
$9,048.20
2033
23,855
November 1, 2032
October 31, 2033
$9,320.15
2034
23,855
November 1, 2033
October 31, 2034
$0.4024
$0.4145
$9,599.25
2035
23,855
November 1, 2034
October 31, 2035
$9,887.90
2036
23,855
November 1, 2035
October 31, 2036
$0.4269
$0.4397
$10,183.70
2037
23,855
November 1, 2036
October 31, 2037
$10,489.04
2038
23,855
November 1, 2037
October 31, 2038
$0.4529
$10,803.93
2039
23,855
November 1, 2038
October 31, 2039
$0.4665
$11,128.36
2040
23,855
November 1, 2039
October 31, 2040
$0.4805
$11,462.33
2041
23,855
November 1, 2040
October 31, 2041
$0.4949
$11,806.20
2042
23,855
November 1, 2041
October 31, 2042
$0.5098
$12,160.38
2043
23,855
November 1, 2042
October 31, 2043
$0.5251
$12,525.19
2044
23,855
November 1, 2043
October 31, 2044
$0.5408
$12,900.95
2045
23,855
November 1, 2044
October 31, 2045
$0.5570
$13,287.98
2046
23,855
November 1, 2045
October 31, 2046
$0.5737
$13,686.62
2047
23,855
November 1, 2046
October 31, 2047
$0.5910
$14,097.22
2048
23,855
November 1, 2047
October 31, 2048
$0.6087
$14,520.13
2049
23,855
November 1, 2048
October 31, 2049
$0.6269
$14,955.74
2050
23,855
November 1, 2049
October 31, 2050
$0.6458
$15,404.41
2051
23,855
November 1, 2050
October 31, 2051
$0.6651
$15,866.54
'Denotes partial year
AIRPORT DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into on
the last day executed by a party, as indicated on the signature pages below, by and between the
City of Jefferson, Missouri, a municipal corporation of the State of Missouri ("C") and RHK
Airport Properties, LLC ("Developer'). The City and Developer may hereinafter be
collectively referred to as the Parties and individually as a Pte.
RECITALS
The Subject Property. The City holds title to certain land at Jefferson City Memorial Airport
currently located in the incorporated area of the City of Jefferson legally described in the
attached Exhibit A (the "Subject Property").
Proposed Project. Developer desires to develop the Subject Property into an airport terminal
building and a hangar.
NOW, THEREFORE, in view of the foregoing Recitals and in consideration of the mutual
promises, declarations, covenants and agreements of the City and Developer as hereinafter set
forth, the Parties hereto do hereby agree as follows:
1. Agreements to Run with the Land. The provisions of this Agreement shall constitute
covenants running with the entirety of the Subject Property and each and every part of the
Subject Property, and shall bind the current Developer and all of such successors and assigns.
2. City's Obligations for Development.
a) City shall clear the Subject Property of the currently existing airport terminal structure.
b) City shall review the Developer's documents, drawings, and plans in a timely manner and
issue appropriate permits pursuant to the City Code of the City of Jefferson ("City
Code").
c) City shall install and maintain the computer, telephone, and fiber optic connections
within the airport terminal building required for the City's office use and/or the Federal
Aviation Administration's rules and regulations.
d) The City agrees to apply its best efforts exercised in good faith to process any and all
requests and applications filed by the Developer.
3. Developer's Obligations for Development.
a) Developer shall design, engineer, construct, operate, and maintain an airport terminal and
hangar facility on the Subject Property. The Developer's floorplan for the airport terminal
building, though subject to change in design and construction, shall be substantially
similar to the plan in Exhibit B, attached hereto.
b) Developer shall execute a ground lease with the City for the subject property pursuant to
the terms and conditions as specified in Exhibit C attached hereto.
c) Developer shall lease an office to the City at the airport terminal building for the City's
use by the airport supervisor pursuant to the terms and conditions as specified in Exhibit
D attached hereto. Developer shall also make available a conference room at the airport
terminal building for the City's use from time to time, as the City's needs require and the
room's availability permits.
d) Developer shall operate, either directly or by contractual sublease, a food service
establishment at the airport terminal building. Developer shall also construct and
maintain restrooms available to the public at the airport terminal building.
e) Developer's duty to provide for a restaurant shall not be unconditional, but rather
Developer shall use its best, commercially reasonable efforts to provide a restaurant.
Developer shall reserve Three Thousand Four Hundred (3,400) square feet of space for
use as a restaurant and may not lease or sublease or otherwise use the space for any other
purpose other than a restaurant without the City's written consent.
f) Developer shall have the right to name the airport terminal building subject to approval
from the City.
4. Construction and Bonding of Improvements. Except as otherwise expressly indicated
herein, all public improvements required under the regulations of the City or this Agreement
shall be constructed in accordance with the City Department of Public Works' Standard
Specifications and Drawings, as may be amended, or any successor specifications and
standards adopted by the City. Developer shall obtain all necessary permits and
governmental permissions to perform its obligations set forth in this Agreement. Developer
shall also ensure that the airport terminal building is constructed to the Federal Aviation
Administration's standards for general aviation airport terminals as found in the ACRP
Report 138 titled Preventative Maintenance at General Aviation Airports Volume 2:
Guidebook (2015), and other rules and standards as may be promulgated by the FAA from
time to time.
5. Amendments. Any amendment to this Agreement must be in writing and must be executed
by the City and the Developer, and any future Developer of any part of the Subject Property
who would otherwise be obligated to perform any of the requirements imposed upon the
Developer by this Agreement. Oral modifications or amendments of this Agreement shall be
of no force or effect.
6. Remedies. The parties to this Agreement may, either in law or equity, by suit, action,
mandamus or other proceedings in court, seek declaratory relief, enforce and compel specific
performance of this Agreement, provided that in no event shall the City have any liability in
damages, costs (including attorneys' fees) or any other monetary liability to Developer or any
affiliate of Developer, any person claiming through Developer, or to their respective
successors, assigns, heirs and personal representatives in respect of any suit, claim, or cause
of action arising out of this Agreement or any of the actions or transactions contemplated
herein.
7. Third Party Actions. Developer shall have the right, but not the obligation to assume the
costs of defense of any action or proceeding initiated by a third party challenging this
Agreement, or any other actions or transactions contemplated by this Agreement (including,
2
without limitation, to settle or compromise any claim or action for which Developer has
assumed the defense) with counsel of Developer's choosing and the City and Developer
agree that so long as no conflicts of interest exist between them, the same attorney or
attorneys may simultaneously represent the City and Developer in any such proceeding. In
no event shall the City have any liability to Developer for damages or otherwise in the event
that all or any part of this Agreement, the ordinances approving is agreement shall be
declared invalid or unconstitutional in whole or in part by a final (as to which all rights of
appeal have been exhausted or expired) judgment of a court of competent jurisdiction, and, in
the event Developer elects not to assume such defense and costs, the City shall have no
obligation to defend or to assume the costs of defense of any such action.
8. Notices. All notices between the parties hereto shall be in writing and shall be sent by
certified or registered mail, return receipt requested, by personal delivery against receipt or
by overnight courier, shall be deemed to have been validly served, given or delivered
immediately when delivered against receipt or Three (3) business days after deposit in the
mail, postage prepaid, or One (1) business day after deposit with an overnight courier, and
shall be addressed as follows:
If to the City:
City of Jefferson
Attn: City Administrator
320 E. McCarty
Jefferson City, MO 65101
If to Developer:
RHK Airport Properties, LLC
Attn: J. Kent Lowry
1200 West Stadium Boulevard, Suite 200
Jefferson City, MO 65109
Each party shall have the right to specify that notice is to be addressed to another address by
giving to the other party ten (10) days written notice thereof.
9. Hold Harmless. Developer at its sole cost and expense, hereby agrees to indemnify, protect,
release, defend (with counsel acceptable to the City) and hold harmless the City, its
municipal officials, elected officials, boards, commissions, officers, employees, attorneys,
and agents from and against any and all causes of action, claims, demands, all contractual
damages and losses, economic damages and losses, all other damages and losses, liabilities,
fines, charges, penalties, administrative and judicial proceedings and orders, judgments,
remedial actions of any kind, and all costs and expenses of any kind, including, without
limitation, reasonable attorney's fees and costs of defense arising, directly or indirectly, in
whole or in part, from the action or inaction of Developer, its agents, representatives,
employees, contractors, subcontractors or any other person for whose acts Developer may be
ki
liable, in the activities performed, or failed to be performed, by Developer under this
Agreement or in the development of the Subject Property, or from breach of this Agreement,
or otherwise, except to the extent arising from or caused by the sole or gross negligence or
willful misconduct of the City, its elected officials, officers, employees, agents or
contractors. The indemnification, duty to defend and hold harmless obligations set forth in
this Section shall survive for a period of five (5) years from the date of expiration or
termination of this Agreement. Developer shall cause any contract entered into with a
general contractor to include an indemnification of the City consistent with this paragraph.
10. Insurance. Developer shall provide, at its sole expense, commercial general liability
insurance with a reputable, qualified, and financially sound company licensed to do business
in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of
not less than "A," that shall protect Developer, the City, and the City's officials, officers, and
employees from claims which may arise from operations under this Agreement, whether such
operations are by the Developer, its officers, directors, employees and agents, or any
subcontractors of Developer. This liability insurance shall include, but shall not be limited to,
protection against claims arising from bodily and personal injury and damage to property,
resulting from all Developer operations, products, services or use of automobiles, or
construction equipment. The amount of insurance required herein shall be in no event less
than the individual and combined sovereign immunity limits established by § 537.610 RSMo.
for political subdivisions; provided that nothing herein shall be deemed to waive the City's
sovereign immunity. An endorsement shall be provided which states that the City is named
as an additional insured and stating that the policy shall not be cancelled or materially
modified so as to be out of compliance with the requirements of this Section, or not renewed
without 30 days advance written notice of such event being given to the City. Developer
shall cause any contract entered into with a general contractor to include a requirement that
such general contractor obtain insurance in the amounts set forth in this paragraph and name
the City as an additional insured.
11. Compliance with Laws. Developer shall comply with all applicable state, local, and federal
laws in the performance of this Agreement including federal and state laws and regulations
regarding the construction of structures within a flood plain.
12. Entire Agreement. This Agreement contains the entire and complete agreement between the
City and the Developer with respect to the requirements imposed upon the Developer for the
providing of certain interests in land, and the construction and installation of certain
improvements, all as hereinabove described in the Recitals for this Agreement and the above
numbered paragraphs of this Agreement. Parties agree that this Agreement constitutes a
lawful contract between the Parties and Developer hereby acknowledges and agrees that this
Agreement and provisions of the City's Code of Ordinances applicable to this Agreement
constitute lawful exercises of the City's authority and police power.
4
IN WITNESS WHEREOF, the Parties have executed this Agreement and shall be effective
on the last day and year indicated below.
CITY:
City of Jefferson, Missouri
By: ("-, ��l
Mayor
Date: -7—Z4 2024
ATTEST:
MIAMI
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Approved as to form:
Cit�ottA rney
�1
DEVELOPER:
RH ' ort rope LL
//Z�
By:�l,k�V
Printed Name:
Date: 1da)ZO-Q6
EXH[B[T A
Airport Lease
Part of the
Northwest Quarter of Section 15,
Township 44 North, Range 11 West,
All in Callaway County, Missouri
Tract G
Part of Private Survey Number 2638 in the Northwest Quarter of Section 15, Township 44 North, Range 1 I
West, in County of Callaway, in the State of Missouri, being more particularly described as follows:
From the Northwest Corner of Private Survey number 2638 and also the Northwest Quarter of the
aforementioned said Section 15, in a southerly direction, S 4°30'00" E, along the west line of said Section 15, a
distance of 823.85 feet; Thence S 64°52'00" E, a distance of 809.76 feet; Thence S 05°46'00" E, 65.75 feet;
Thence S 84'25'12" W, 38.42 feet to the Point of Beginning of this description; Thence continuing
S 84025'12" W, 145.61 feet; Thence S 05021'47" E, 163.82 feet; Thence N 84°35'01" E, 145.26 feet; Thence
N 050 14'25" W, 164.23 to the Point of Beginning of this description. Containing an area of 23,855.3
square feet or 0.5476 acres more or less.
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EXHIBIT B
PRELIMINARY ONLY
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AREAS:
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CITY OF JEFFERSON
AIRPORT TERMINAL BUILDING LEASEAND AGREEMENT
THIS AGREEMENT, made and entered into the date last executed by a party as indicated below, by and
between RHK Airport Properties, LLC (hereinafter referred to as "Lessor"), and the City of Jefferson,
Missouri, a municipal corporation, (hereinafter referred to as "Lessee").
WITNESSETH:
WHEREAS, Lessor holds under lease, with power to grant rights with respect thereto, the airport
terminal building located at Jefferson City, Missouri; and
WHEREAS, Lessee desires to obtain the right and privilege of using a certain portion of the Lessor's
airport terminal building; and
WHEREAS, Lessor is willing to grant to Lessee the right to use a certain portion of its airport terminal
building.
NOW THEREFORE, for and in consideration of the rents, covenants, and agreements contained herein,
and for other good and valuable consideration, the parties hereto have mutually covenanted and agreed,
and do hereby mutually covenant and agree, each with the other, for the benefit of each other as follows:
ARTICLE I
PREMISES AND PRIVILEGES
For and in consideration of the terms, conditions and covenant 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 (hereinafter called "demised premises"), and
certain attendant privileges, uses and rights, as hereinafter specifically set out.
A. DESCRIPTION OF PREMISES DEMISED
For the area in the terminal building, Lessor hereby demises and leases to the Lessee, for a term
coextensive with the term of this Agreement, for its operations, the use of approximately seven
hundred forty-three (743) square feet of space in the terminal building for the Lessee to conduct its
operations:
• Conference Room, 308 square feet (Lessor and Lessee agree that this Conference Room
shall be made available for the City's use from time to time, as the City's needs require
and the room's availability permits. The City does not have exclusive use of the conference
room).
• Office, approximately 435 square feet
B. OBSERVANCE OF STATUTES
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
or its use of the demised premises, including but not limited to rules and regulations promulgated
from time to time by the Jefferson City Transportation and Traffic Commission and adopted by
the City Council for the administration of the airport.
ARTICLE II
INGRESS AND EGRESS
Upon paying 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. Said Lessor's roadway shall be used jointly with other tenants on the airport.
ARTICLE III
OBLIGATIONS OF LESSOR
A. NET LEASE
The use and occupancy of the demised premises by Lessee will be without cost or expense to
Lessor, except the Lessor will furnish all heat, air-conditioning, water and electric. It shall be the
sole responsibility of Lessee to keep, maintain, repair and operate the entirety of the demised
premises and all improvements thereon at Lessee's sole cost and expense.
B. MAINTENANCE
The standards of up -keep and maintenance required of Lessee under this Lease shall be not less
than the standards followed by Lessor for similar buildings and premises under Lessor's control.
Any deviation from said minimum standards shall be brought to the attention of Lessee by Lessor,
in writing, and shall be corrected within ninety (90) days thereafter. If the failure to maintain
properly the proper standards results in a hazard to the public, airport personnel, or the aircraft or
airport property, then Lessor shall have the right to order the premises closed until the hazard is
remedied.
C. UTILITIES
Lessee shall assume and pay for all costs or charges for telephones furnished to Lessee during the
term hereof, including all service charges incurred therefor.
D. 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 the 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.
E. F.A.A. AND AIRPORT INSTRUMENTS
The Federal Aviation Administration and Lessor are hereby granted the right and privilege by
Lessee to place on an around the above described premises, without cost to 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 Lessee.
ARTICLE IV
TERM OF LEASEHOLD
The term of this Lease shall be for five (5) years subject to earlier termination for cause as provided
herein. The term of the Agreement shall commence on the 1st day of July, 2020. Lessee shall have an
option to renew said Lease for four (4) additional terms of five (5) years on the same terms and
conditions. The option to renew said Lease shall be exercised by Lessee by giving written notice to
Lessor of such intention to renew said Lease at least ninety (90) days prior to the expiration of the initial
five (5) year period.
ARTICLE
RENTALS AND RATES
A. GENERAL
For the area herein demised, Lessee shall pay to Lessor a fixed annual rental as hereinafter set
forth.
B. FACILITIES RENTAL
In consideration of the leasing aforesaid, Lessee hereby covenants and agrees to pay to Lessor as
rent for said demised premises as set forth in Exhibit A attached hereto. Lessee shall pay said rent
annually to lessor.
C. TIME AND PLACE OF PAYMENT
Rentals for all facilities shall be paid on or before the 1St day of November each year. All
payments are to be made to the City of Jefferson, Department of Finance, Airport Division, 320
East McCarty Street, Jefferson City, Missouri 65 10 1, or such other place the Lessor may direct
Lessee, in writing.
In addition to the space for its operations, the Lessee, its employees, guests, patrons and invitees
shall have the use, in common with others, of all public places in the terminal building or any
addition thereto, including without limiting the generality hereof, its lobby, waiting rooms,
hallways, restrooms and other public and passenger conveniences. The space herein demised to
the Lessee for operations may be used by the Lessee for its operations officer for such other
purposes as Lessee may deem desirable in the conduct of its operation.
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 Lessor only such amount of
reimbursement as it shall receive from the United States Government.
ARTICLE VI
INSURANCE BY LESSEE
A. LIABILITY INSURANCE
Lessee agrees that it will at all times maintain public liability insurance with reputable insurance
companies, the following:
Professional Liability $3,000,000 each accident
Comprehensive Public Liability
Bodily Injury $500,000 each person
$3,000,000 each accident
Property Damage $3,000,000 each accident
Car Insurance
Bodily Injury $500,000 each person
$3,000,000 each accident
Property Damage $3,000,000 each accident
This insurance shall assure the obligation of the Lessee to save the Lessor harmless from any and
all claims for damages arising on the demised premises or resulting as a direct or indirect
consequence of the occupation and use of said demised premises by the Lessee. Current copies of
said insurance policies or certificates of insurance shall be furnished to the Lessor and shall be
promptly replaced upon expiration.
B. WORKERS' COMPENSATION
Said Lessee further covenants and agrees that the Lessee save harmless said Lessor and the above
demised premises at all times during the continuation of this Lease from all damages, claims,
fines, penalties, costs and expenses whatsoever which may result to said Lessor or to said demised
premises or to any improvements at any time situated thereon under the provisions of the Workers'
Compensation Law and other statutory provisions of a similar nature.
ARTICLE VII
TERMINATION OF LEASE,
ASSIGNMENT AND TRANSFER, AND CANCELLATION
A. TERMINATION
This Lease shall terminate at the end of the full term hereof or the option terms, 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;
1. In the event Lessor 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 thereof.
3. Issuance by any court of 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.
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.
3. Defaults in payment of rent within five (5) days after being due, then Lessor, 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.
4. If Lessee fails to obtain any insurance required by this Agreement, or if any insurance
policy required by this Agreement expires or is canceled, then Lessee shall cease all
operation on leased premises until proper insurance is obtained. If proper insurance is not
obtained within fifteen (15) days, then Lessor may declare this Lease forfeited.
In any of aforesaid events, Lessor may take immediate possession of the demised premises and
remove Lessee's effects, forcibly, if necessary, without being deemed guilty of trespassing. 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 Agreement.
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 Article VII, 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 Lessor
as set forth in Article VIII.
ARTICLE VIII
RIGHTS UPON TERMINATION
A. OWNERSHIP OF IMPROVEMENTS
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 Lessor 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. Lessor shall
make all reasonable and diligent efforts to preserve and protect any property removed and to turn
the same over to the Lessee in the same condition (or as near thereto as reasonably possible) as
when removed. Should Lessee fail to claim the property within fifteen (15) days of removal, the
Lessor may destroy, sell or otherwise dispose of said property without any liability to Lessee.
ARTICLE IX
GENERAL PROVISIONS
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,
together with the right to direct and control all activities of the Lessee in this regard.
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.
3. 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, 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.
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. SERVICES
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.
D. 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.
E. 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 ensure delivery, 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: RHK Airport Properties, LLC
Attn: J. Kent Lowry
1200 West Stadium, Suite 200
Jefferson City, MO 65109
or such other place as either party shall in writing designate in the manner herein provided.
F. 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.
G. AMENDMENTS TO LEASE
All amendments of this Lease must be made in writing by mutual agreement of the parties, and no
oral amendments shall be in force or effect whatever.
ARTICLE X
NON-EXCLUSIVE RIGHTS
It is understood and agreed that nothing herein contained shall be construed to grant or authorize the
granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1968.
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.
CITY OF JEFFERSON, MISSOURI
Mayor
Date: `T—a.-LaQ�(j
ATTEST:
rod""""R, ITMI/Njo��
APPROVED AS TO FORM:
City A rney
RHK AIRPORT PROPERTIES, LLC
I (/ :�)
Title:
Date:
ATTEST:
Secretary
City Lease from RHK Property Exhibit A
Airport Managers Office and Conference Space
City Fiscal Year
Lease Area SF
Begin
End
Base Amount
Yearly Lease
2020'
23,855
July 1, 2020
October 31, 2020
$0.2660
$2,115.14
2021
23,855
November 1, 2020
October 31, 2021
$0.2740
$6,536.27
2022
23,855
November 1, 2021
October 31, 2022
$0.2822
$6,731.88
2023
23,855
November 1, 2022
October 31, 2023
$0.2907
$6,934.65
2024
23,855
November 1, 2023
October 31, 2024
$0.2994
$7,142.19
2025
23,855
November 1, 2024
October 31, 2025
$0.3084
$7,356.88
2026
23,855
November 1, 2025
October 31, 2026
$0.3176
$7,576.35
2027
23,855
November 1, 2026
October 31, 2027
$0.3272
$7,80536
2028
23,855
November 1, 2027
October 31, 2028
$0.3370
$8,039.14
2029
23,855
November 1, 2028
October 31, 2029
$0.3471
$8,280.07
2030
23,855
November 1, 2029
October 31, 2030
$0.3575
$8,528.16
2031
23,855
November 1, 2030
October 31, 2031
$0.3682
$8,783.41
2032
23,855
November 1, 2031
October 31, 2032
$0.3793
$9,048.20
2033
23,855
November 1, 2032
October 31, 2033
$0.3907
$9,320.15
2034
23,855
November 1, 2033
October 31, 2034
$0.4024
$9,599.25
2035
23,855
November 1, 2034
October 31, 2035
$0.4145
$9,887.90
2036
23,855
November 1, 2035
October 31, 2036
$0.4269
$10,183.70
2037
23,855
November 1, 2036
October 31, 2037
$0.4397
$10,489.04
2038
23,855
November 1, 2037
October 31, 2038
$0.4529
$10,803.93
2039
23,855
November 1, 2038
October 31, 2039
$0.4665
$11,128.36
2040
23,855
November 1, 2039
October 31, 2040
$0.4805
$11,462.33
2041
23,855
November 1, 2040
October 31, 2041
$0.4949
$11,806.20
2042
23,855
November 1, 2041
October 31, 2042
$0.5098
$12,160.38
2043
23,855
November 1, 2042
October 31, 2043
$0.5251
$12,525.19
2044
23,855
November 1, 2043
October 31, 2044
$0.5408
$12,900.95
2045
23,855
November 1, 2044
October 31, 2045
$0.5570
$13,287.98
2046
23,855
November 1, 2045
October 31, 2046
$0.5737
$13,686.62
2047
23,855
November 1, 2046
October 31, 2047
$0.5910
$14,097.22
2048
23,855
November 1, 2047
October 31, 2048
$0.6087
$14,520.13
2049
23,855
November 1, 2048
October 31, 2049
$0.6269
$14,95574
2050
23,855
November 1, 2049
October 31, 2050
$0.6458
$15,404.41
2051
23,855
November 1, 2050
October 31, 2051
$0.6651
$15,866.54
'Denotes partial year