HomeMy Public PortalAboutORD14855 BILL NO. 2011-71
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH CERINI INVESTMENTS, INC.,
FOR SPACE WITHIN THE TERMINAL BUILDING AT THE JEFFERSON CITY
MEMORIAL AIRPORT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized to execute a lease
agreement with Cerini Investments, Inc., for space at the Jefferson City Memorial Airport.
Section 2. The lease 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: � �� Approved:
Presiding i Mayor
ATTEST: APPROVED AS TO FORM:
pity Clerk Interim City tounselor
-1-
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Proposal 1317—Lease of Counter/Office and Storage Space, Airport Div.
Received July 14, 2011
PROPOSALS RECEIVED: Year One Five Year Total
Cerini Investments, Inc. d/b/a Hertz Car Rental $4,500.00 $22,500.00
Columbia, MO
A total of four firms were contacted.
FISCAL NOTE:
Payments will be made to the City in the amount of$375.00 per month.
PAST PERFORMANCE:
Cerini Investments, Inc., d/b/a Hertz Car Rental of Columbia, Missouri has leased the
space for a number of years. Staff recommends the lease be continued.
RECOMMENDATION:
Staff recommends award to Cerini Investments, Inc., d/b/a Hertz Car Rental of Columbia,
Missouri. The lease will include a$375.00 monthly payment to the City of Jefferson for a
total of$4,500.00 per year. The lease agreement may be renewed for up to four
additional one year periods at the same rates for each year.
ATTACHMENTS - SUPPORTING DOCUMENTATION
SignatureC
P chas g �ht Interim Director of Public Works
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1815
Department of Public Works Memorandum
320 East McCarty Street • Jefferson City, Missouri 65101 P: 573.634.6410 F: 573.634.6562 • www.jeffcitymo.org
Date: August 26, 2011
To: Terry Stephenson, Purchasing Agent
From: Britt Smith, PE, Operations Division Director
Matt Morasch, PE, Interim Director of Public Workm/�—
Subject: Hertz Lease Agreement
Attached are the bid documents submitted by Cerini Investments, Inc., d/b/a Hertz Car Rental
for the counter space in the airport terminal building. Their proposal is to continue leasing 185
square feet of space with a reduction in their lease payment from $7,258 annually to $4,500
annually. Cerini Investments were the only one to submit a proposal, and no other car rental
agencies expressed any interest.
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U:W dministration Udappen\WORD\Finance\2011 Wirport lease memo 2011.docx
LEASE AGREEMENT
BETWEEN
CITY OF JEFFERSON, MISSOURI
AND
CERINI INVESTMENTS, INC.
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INDEX TO LEASE AGREEMENT
ARTICLE I
PREMISES AND PRIVILEGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A. DESCRIPTION OF PREMISES DEMISED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. OBSERVANCE OF STATUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE II
INGRESS AND EGRESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE III
OBLIGATIONS OF LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A. NET LEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
C. ALTERATIONS AND REPAIR TO PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
E. TRASH, GARBAGE, ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
F. SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
G. NONDISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
H. AFFIRMATIVE ACTION PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
I. NO DISCRIMINATORY PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
J. F.A.A.AND AIRPORT INSTRUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE IV
TERM OF LEASEHOLD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE V
RENTALS AND RATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
B. FACILITIES RENTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
C. AUTOMOBILE RENTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
D. TIME AND PLACE OF PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
E. NATIONAL EMERGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE VI
INSURANCE BY LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
A. LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
B. WORKERS' COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE VII
TERMINATION OF LEASE,ASSIGNMENT AND TRANSFER,
AND CANCELLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
A. TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
B. CANCELLATION BY LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
C. CANCELLATION BY LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
D. WAIVER OF STATUTORY NOTICE TO QUIT . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
E. ASSIGNMENT AND SUBLETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE VIII
RIGHTS UPON TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A. OWNERSHIP OF IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B. PERSONAL PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
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ARTICLE IX
OBLIGATIONS OF LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
A. SNOW REMOVAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B. SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
ARTICLE X
GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
A. LESSOR'S RESERVED RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B. NON-INTERFERENCE WITH OPERATION OF AIRPORT . . . . . . . . . . . . . . . . . 9
C. SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
D. PARAGRAPH HEADINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
E. NOTICES, CONSENTS AND APPROVALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
F. SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
G. AMENDMENTS TO LEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE XI
NON-EXCLUSIVE RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
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CITY OF JEFFERSON
AIRPORT LEASE AND AGREEMENT
THIS AGREEMENT, made and entered into this day of September, 2011, by and between the City
of Jefferson, Missouri (hereinafter referred to as "Lessor"), and Cerini Investments, Inc., a corporation
organized and existing under and by virtue of the laws of the State of Missouri (hereinafter referred to as
"Lessee").
WITNESSETH:
WHEREAS, Lessor is now the owner of, or holds under lease, with power to grant rights with respect
thereto, the airport located at Jefferson City, Missouri; and
WHEREAS,Lessee is engaged in the business of an automobile rental franchise,and desires to obtain the
right and privilege of using a certain portion of the Lessor's airport facilities; and
WHEREAS, Lessor is willing to grant to Lessee the right to use a certain portion of its airport facilities.
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, reservations, counter and care sales the use of
approximately one hundred eight-six(186)square feet of space,including counter,in the terminal building for
the Lessee to conduct its operations. One hundred thirty-six square feet is for car rental and fifty square feet
is for car sales.
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.
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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 and lighting.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 andpremises 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. ALTERATIONS AND REPAIR 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 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 Lessor's other remedies at law.
D. 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.
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 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.
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F. SIGNS
During the term of this Agreement, Lessee shall have the right, at its expense, to place in or on the premises
a sign or signs identifying Lessee. Said sign or signs shall be of a size,shape and design, and at a location or
locations, approved by Lessor and in conformance with any overall directional graphics or sign program
established by Lessor. Lessor's approval shall not be withheld unreasonably. Notwithstanding any other
provision of this Agreement, said sign(s) shall remain the property of Lessee. Lessee shall remove, at its
expense, all property of Lessee. Lessee shall remove,at its expense,all lettering,signs and placards erected
on the premises at the expiration of the term of this Agreement, or any renewal thereof.
G. NONDISCRIMINATION
Lessee for itself, its 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 Public Works 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 Public Works,and as said Regulations may be amended.
Lessee,for itself,its 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 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 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 Public
Works, and as said Regulations may be amended.
Lessee shall comply with all FAA and U.S. Code requirements as to nondiscrimination.
H. AFFIRMATIVE ACTION PROGRAM
Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152,Subpart
E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from
participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee assures that no
person shall be excluded on these grounds from participating in or receiving the services or benefits of any
program or activity covered by this subpart. Lessee assures that it will require that its covered
suborganizations provide assurances to Lessee that they similarly undertake affirmative action programs and
that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E,to
the same effect.
I. NO DISCRIMINATORY PRACTICES
Lessee agrees to furnish service on a fair,equal and not unjustly discriminatory basis to all users thereof,and
to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, that
Lessee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
J. 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.
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ARTICLE IV
TERM OF LEASEHOLD
The term of this Lease shall be for one (1)year subject to earlier termination for cause as provided herein. The term
of the Agreement shall commence on the 1"day of October, 2011. Lessee shall have an option to renew said Lease
for four(4) additional terms of one(1)year on the same terms and conditions, except that rental rates and charges
at the end of the original term and each optional term shall be renegotiated. 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 one (1)year period.
ARTICLE V
RENTALS AND RATES
A.GENERAL
For the area herein demised, Lessee shall pay to Lessor a fixed annual rental as hereinafter set forth.
&FACILITIES RENTAL
In consideration of the leasing aforesaid, Lessee hereby covenants and agrees to pay to Lessor as rent for said
demised premises the sum of Four Thousand Five Hundred Dollars($4,500.00)annually to be paid in equal monthly
installments in the amounts of Three Hundred Seventy-Five Dollars ($375.00), the first monthly installment to be
paid upon execution of this Lease and all subsequent monthly installments shall be due and payable on the Vt day
of each and every month hereafter.
C.AUTOMOBILE RENTAL
The Lessor hereby grants to Lessee, subject to the terms and conditions hereinafter stated, the right to administer a
Hertz Rent-A-Car automobile leasing franchise.
1.Payment shall be made to the City of Jefferson, on or before the 15'day of each month.
2.Lessee shall have the right to reasonable and adequate parking space(s)at a location designated by Lessor and
reasonably convenient to the terminal building at the airport.Lessor shall make at least nine(9) spaces available
and Lessee shall not use in excess of nine (9)spaces(4 of which are used for car sales).
3.Rental automobiles made available hereunder shall be maintained in good operative order, free from known
mechanical defects, and in clean, neat and attractive condition,inside and out.
4.Lessee agrees that it shall obtain and maintain continuously in effect at all times general liability insurance as set
out in Article VI of this Agreement.
D.TIME AND PLACE OF PAYMENT
Rentals for all facilities shall be paid on or before the 18'day of each month; the rental for the automobile rentals
shall be paid on or before the 15'day of each and every month.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.
In addition to the space for its operations, reservations and ticket counter facilities, 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,
reservations and ticket counter facilities may be used by the Lessee for its operations office, and customer service
office, or for such other purposes as Lessee may deem desirable in the conduct of its rent-a-car operation.
U:\Contract PiloaMensee\hertz rant•a<u\Airport-Commemial Countor-2011.wpd - 4 --
customer service office,or for such other purposes as Lessee may deem desirable in the conduct of its rent-a-car
operation.
E. NATIONAL EMERGENCY
In the event possession ofthe 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 ofpossession,
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 $2,000,000 each accident
Comprehensive Public Liability
Bodily Injury $ 300,000 each person
$2,000,000 each accident
Property Damage $2,000,000 each accident
Car Insurance
Bodily Injury $ 300,000 each person
$2,000,000 each accident
Property Damage $2,000,000 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.
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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. Tile 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 as a full service auto rental franchise.
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.
U.\Co trwt FLLa\Ime \herts=t-wear\Aixyort•Commercial Counter•2011.wpd - 6 -
In any of aforesaid events,Lessor may take immediate possession ofthe 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.
E. ASSIGNMENT AND SUBLETTING
The Lessee shall not sublease,or assign this Lease without first obtaining the written approval of the Lessor
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. 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
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.
l
UAContract Filee\1ca—\herU rent-e•car\Airport•Commercial Counter-201 l.wpd - 7 -
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 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. 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.
U:\Contract PilceVeazcz\hertz rent•a�\Airport•Commercial Counter•201 l.wpd - 8 -
C_ 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: Cerini Investments, Inc.
11300 South Airport Drive
Columbia,MO 65201
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 XI
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 1368.
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.
U:\Contr=t File\Iemee\hertz rent.-car\Airport-COmme=ial Counter-2011.wpd - v -
ITT WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date
first above mentioned at Jefferson City, Missouri.
LESSOR LESSEE
CITY OF JEFFERSON, MISSOURI CERINI INVESTMENTS INC.
Mayor Title: P Si r
ATT ST: ATTEST:
City Cleii Title: uN\.Q v,\-c(5 e r
APPROVED AS TO FORM:
Interim City Counselor
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CITY OF JEFFERSON
AMENDMENT EXERCISING
RENEWAL OPTION OF LEASE AGREEMENT
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, with offices at 320 East
McCarty, Jefferson City, Missouri, 65101, hereinafter designated "City," entered into a Lease
Agreement with Cerini Investments, Inc_ dlbla Hertz Rent-A-Car, with offices at Columbia
Regional Airport, 1130 South Airport Road, Columbia, Missouri, 65201, hereinafter referred
to as "Lessee," on September 21, 2011.
WHEREAS,the Lease Agreement was for use of counter space at the Jefferson City Memorial
Airport; and
WHEREAS, both parties wish to extend the lease for the first of four additional one-year
renewal periods as stipulated in Article IV of the agreement dated September 21, 2011.
NOW, 'THEREFORE, be it agreed by the parties that the agreement is hereby renewed for
the first additional one-year period to end September 30, 2012.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this /f
day of July, 2012.
CITY OF JEFFERSON, MISSOURI CERINI INVESTMENTS, INC.
DIBlA HERTZ RENT-A-CAR
Mayor President
ATT ST: ATTEST:
(Iill'11;� (
City Clerk - Secretary
APPROVED AS TO FORM:
City CQLWelor
11AC-t—t hha\1--\hertz met::•i^nr\rnnnxnl"LflfB-E:Lxpd
Ad. 14TS_�r
CITY OF JEFFERSON
AMENDMENT EXERCISING
RENEWAL OPTION OF LEASE AGREEMENT
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, with offices at 320 East
McCarty, Jefferson City, Missouri, 65101, hereinafter designated "City," entered into a Lease
Agreement with Cerini Investments, Inc. d/b/a Hertz Rent-A-Car, with offices at Columbia
Regional Airport, 1130 South Airport Road, Columbia, Missouri, 65201, hereinafter referred
to as "Lessee," on September 21, 2011.
WHEREAS,the Lease Agreement was for use of counter space at the Jefferson City Memorial
Airport; and
WHEREAS, both parties wish to extend the lease for the first of four additional one-year
renewal periods as stipulated in Article IV of the agreement dated September 21, 2011.
NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for
the first additional one-year period to end September 30, 2013.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this
day of November, 2012.
CITY OF JEFFERSON MISSOURI CERINI INVESTMENTS, INC.
D/B/A HERTZ RENT-A-CAR
j'
Mayor President
ATTEST: ATTEST:
City Clerk Secretary
APPROVED AS TO FORM:
City Counselor
Boll,
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