HomeMy WebLinkAboutRes.2830.07-21-2014BILL NO. 14-112
RESOLUTION NO. Ako
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE VARIOUS T -HANGAR LEASE AGREEMENTS AT
THE CAPE GIRARDEAU REGIONAL AIRPORT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the
City of Cape Girardeau, Missouri, is hereby authorized to
execute Lease Agreements with Tiger Air, Wes Graviett, Mitch and
Linn Cornman, Dennis Turner -Little Lattitudes, LLC, Robin Cole,
George T. Sander, Don Marshall, Charles Goshen, Nemesis Flight
Ops LLC, Magniflight, LLC, for lease space at the Cape Girardeau
Regional Airport, in the City of Cape Girardeau, Missouri. The
Agreements shall be in substantially the form attached hereto as
Exhibit A, which documents are hereby approved by the City
Council, with such changes therein as shall be approved by the
officers of the City executing the same.
PASSED AND ADOPTED THIS
ATTEST:
dl' LtDk
Gay L. Conrad; City Clerk
Harry
1.1C V U L
T -HANGAR LEASE AGR IEE ENT
This Agreement made and entered into this D�day of by and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafte calle "Lessor" and Wes Graviett
hereinafter referred to as "Lessee".
For and in consideration of the mutual covenants, terms and conditions contained herein, the parties agree
as follows:
1. PREMISES. Lessor hereby leases to Lessee the following described property:
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar # 11 , as shown in Exhibit A, together with reasonably necessary
rights of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as:
Registration Number: 89CR Year: 2007
Make: Cirrus Model: SR22
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned under the same name as the Lessee. Lessee must advise
the Airport Manager of the following information prior to any change in the aircraft to be stored
herein.
Aircraft Chanee 1: Date:
Registration Number:
Make:
Aircraft Change 2: Date:
Registration Number:
Make:
Year:
Model:
Year:
Model:
2. TERM. This Agreement shall commence on June 1 2014 and remain in effect for
a period of one (1) year. Thereafter, this Agreement shall continue in effect from month to
month, being automatically renewed after each month unless thirty (30) day written notice is
given by either party that the Agreement should not be renewed.
RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Ninety -Five
and no cents ($195.00) monthly.
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 1'h % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in
any way contaminate the Airport premises or property adjacent to the Airport through activities of
the Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill
or contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography. Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7. MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law.
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. 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 forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F. Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Wes Gmviett
9462 State Hwy 77
Chaffee, MO 63740
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first above written at Cape Girardeau, Missouri.
CITY OF CAPEAfRARDE'AU. MISSOURI
Seett-A. Meyer
City Manager
ATTEST:
Gayle onrad
City ClerkGlR,1�
._. LESSEE
�• ,/
W.
Ala
sot►1 �...�.
Wes Grav eit
ATTEST:
Page 6 of 6
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T -HANGAR LEASE AGREEMENT
I II
This Agreement made and entered into thi day of by and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinaft r call "Lessor" and _Tiger Air
hereinafter referred to as "Lessee".
For and in consideration of the mutual covenants, terms and condiWns contained herein, the parties agree
as follows:
1. PREMISES. Lessor hereby leases to Lessee the following described property:
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar # 12 , as shown in Exhibit A, together with reasonably necessary
rights of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as:
Registration Number: 46TE Year: 2005
Make: Cirrus Model: SR22
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned under the same name as the Lessee. Lessee must advise
the Airport Manager of the following information prior to any change in the aircraft to be stored
herein.
Aircraft Change 1: Date:
Registration Number:
Make:
Aircraft Change 2: Date:
Registration
Make:
Year:
Model:
Year:
Model:
2. TERM. This Agreement shall commence on June 1 2014 and remain in effect for
a period of one (1) year. Thereafter, this Agreement shall continue in effect from month to
month, being automatically renewed after each month unless thirty (30) day written notice is
given by either party that the Agreement should not be renewed.
3: RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Ninety -Five
and no cents ($195.00) monthly.
This rental amount shall be adjusted every five (5) years.
For each successive five (5) year period during the remainder of this agreement, the rental amount
shall equal the rental amount of the preceding terms plus a percentage of said preceding rental
amount for the successive five year (5) period. The percentage referenced herein shall be the
Page 1 of 6
percentage increase in the Consumer Price Index (Midwest Urban All Urban Consumers) for the
preceding five (5) year period, not to exceed three (3) percent per year, unless a lower percentage
is determined by the Airport Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 1�/2 % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in
any way contaminate the Airport premises or property adjacent to the Airport through activities of
the Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill
or contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography. Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7. MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law.
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Securityfrransportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attomey's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perforin the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. 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 forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
Page 4 of 6
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F. Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Tiger Air — Stan Crader
808 Highway 34 West
Marble Hill, MO 63764
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first above written at Cape Girardeau, Missouri.
ATTEST:
Jo Vhwld
Gayle VC6niad
City C rk
ATTEST:
LESSEE
der
Tiger Air
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T -HANGAR LEASE AGREEMENT
This Agreement made and entered into thin"day ofleyssor"
and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter ailed and George T. Sander/
hereinafter referred to as "Lessee".
For and in consideration of the mutual covenants, terms and conditions contained herein, the parties agree
as follows:
1. PREMISES. Lessor hereby leases to Lessee the following described property:
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar # 13 , as shown in Exhibit A, together with reasonably necessary
rights of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as:
Registration Number: 2279X Year: 1965
Make: Cessna Model:_337 Skymaster_
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned under the same name as the Lessee. Lessee must advise
the Airport Manager of the following information prior to any change in the aircraft to be stored
herein.
Aircraft Change 1: Date:
Registration Number:
Make:
Aircraft Change 2: Date:
Registration Number:
Make:
Year:
Year:
Model:
2. TERM. This Agreement shall commence on June 1 2014 and remain in
effect for a period of one (1) year. Thereafter, this Agreement shall continue in effect from
month to month, being automatically renewed after each month unless thirty (30) day written
notice is given by either parry that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Ninety -Five
and no cents ($195.00) monthly.
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 11/2 % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in
any way contaminate the Airport premises or property adjacent to the Airport through activities of
the Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill
or contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography. Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
MAINTENANCE AND REPAIR Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,'
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law.
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Securityffransportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. 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 forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F. Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
LESSEE:
City Hall
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702-0617
George T. Sanders
200 Wagner PL Apt 903
Memphis, TN 38103
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first above written at Cape Girardeau, Missouri.
ATTEST:
1.10"
Gayle. Conrad �
City Clerk
ATTEST:
CITY OI'CAPE GIRARDEAU. MISSOURI
tt A. Meyer
City Manager I
LESSEE
�-Q�t-civ
George T. Sander)(
Page 6 of 6
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CAPE GIRARDEAU REGIONAL
AIRPORT Fi
CAPE.GIRARQEAU,.MISSOURI =m�
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this /9— day of <4 /Q by and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Robin Cole
hereinafter referred to as "Lessee".
For and in consideration of the mutual covenants, terms and conditions contained herein, the parties agree
as follows:
1. PREMISES. Lessor hereby leases to Lessee the following described property:
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar # 14 , as shown in Exhibit A, together with reasonably necessary rights
of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as:
Registration Number: 9042W Year: 1975
Make: Bonanza Model: BE 36
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned under the same name as the Lessee. Lessee must advise
the Airport Manager of the following information prior to any change in the aircraft to be stored
herein.
Aircraft Change 1: Date:
Registration Number:
Make:
Aircraft Change 2: Date:
Registration Number:
Make:
Year:
Model:
Year:
Model:
2. TERM. This Agreement shall commence on June 1 2014 and remain in
effect for a period of one (1) year. Thereafter, this Agreement shall continue in effect from
month to month, being automatically renewed after each month unless thirty (30) day written
notice is given by either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Ninety -Five
and no cents ($195.00) monthly.
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Pageof 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 11/z % per month interest (18% per year)
charged on all past due accounts.��
4. USE OF THE PREMISES. The T -Hangar hereby leased hall be ,u4ed only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of ayiation/FBO services to the Lessee if this rule is
violated in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in
any way contaminate the Airport premises or property adjacent to the Airport through activities of
the Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill
or contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography. Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7. MAINTENANCE AND REPAIR Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, dtr.age to vnseajed fleefs due e17L_
doors damaged due to Lessee's improper or negligent operations.
Page of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law.
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored'by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor; but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. 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 forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
P A f6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F. Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the.
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Robin Cole.
5303 Old Cape Road East
Jackson, MO 63755
I& A
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first above written at Cape Girardeau, Missouri.
ATTEST:
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CITY PF CAPF.,61RARDEAU, MISSOURI
Scott A.
City Ma
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T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this I day of Jua i01q by and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Dennis Turner -Little
Lattimdes, LLC, hereinafter referred to as "Lessee".
For and in consideration of the mutual covenants, terms and conditions contained herein, the parties agree
as follows:
1. PREMISES. Lessor hereby leases to Lessee the following described property:
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar # 15 'as shown in Exhibit A, together with reasonably necessary
rights of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as:
Registration Number: 411DT
Make: Cirrus
Year: Zat7
Model: SR -22
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned under the same name as the Lessee. Lessee must advise
the Airport Manager of the following information prior to any change in the aircraft to be stored
herein.
Aircraft Change 1: Date:
Registration Number: r cal.
M,4,. Model:
Aircraft Change 2: Date:
Registration Number: Year:
Make: Model:
2. TERM. This Agreement shall commence on _June 1, 2014 and remain in effect for a
period of one (1) year. Thereafter, this Agreement shall continue in effect from month to month,
being automatically renewed after each month unless thirty (30) day written notice is given by
either parry that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Ninety -Five
and no cents ($195.00) monthly.
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 11/2 % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation{FBO services to the Lessee if this rule is
violated in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography. Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7. MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that. Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall famish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law.
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/I'ransportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. 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 forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
Page 4 of 6
F. Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event'of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Dennis Turner
Little Latitudes, LLC
1649 County Road 506
Oak Ridge, MO 63769-5189
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first above written at Cape Girardeau, Missouri.
ATTEST:
CITY OF CAP.E*CrIYARDEAU, MISSOURI
Scott A. Meyer
City Manager
LESSEE
Dennis Turner
Little Latitudes, LLC
Page 6 of 6
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T -HANGAR LEA$E A
This Agreement made and entered into thik day of _
Girardeau, Missouri, a Municipal Corporation, hereinaft
hereinafter referred to as "Lessee".
For and in consideration of the mutual covenants, terms and
as follows:
by and between the City of Cape
"Lessor" and Don Marshall_,
contained herein, the parties agree
1. PREMISES. Lessor hereby leases to Lessee the following described property:
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar # 16 'as shown in Exhibit A, together with reasonably necessary
rights of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as:
Registration Number: 84228 Year: 1946
Make: Aeronca Model: Champ_
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned under the same name as the Lessee. Lessee must advise
the Airport Manager of the following information prior to any change in the aircraft to be stored
herein.
Aircraft Change 1: Date:
Registration Number:
Make:
Aircraft Change 2: Date:
Registration Number:
2. TERM. This Agreement shall commence on
effect for a period of one (1) year. Thereaft
month to month, being automatically renewed
Model:
Year:
Model:
June 1, 2014 and remain in
er, this Agreement shall continue in effect from
after each month unless thirty (30) day written
notice is given by either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Ninety -Five
and no cents ($195.00) monthly.
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 1% % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar.. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in
any way contaminate the Airport premises or property adjacent to the Airport through activities of
the Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill
or contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography. Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7. MAINTENANCE AND REPAIR Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law.
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. 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 forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
Page 4of6
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F. Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Don Marshall
1577 Grandview Dr.
Cape Girardeau, MO 63701
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year fust above written at Cape Girardeau, Missouri.
ATTEST:
GaylejONConrad
CITY OFeAPE,0IRARDEAU, MISSOURI
Q
City
LESSEE
Page 6 of 6
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T -HANGAR LEE AG
This Agreement made and entered into thiAhtion'
�day of
Girardeau, Missouri, a Municipal Corpohereinafte
hereinafter referred to as "Lessee".
For and in consideration of the mutual covenants, terms and
as follows:
4iy and between the City of Cape
"Lessor" and Charles Goshen,
contained herein, the parties agree
1. PREMISES. Lessor hereby leases to Lessee the following described property:
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar #_U, as shown in Exhibit A, together with reasonably necessary
rights of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as:
Registration Number. 72671 Year: 1999
Make: Cessna Model: 182
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned under the same name as the Lessee. Lessee must advise
the Airport Manager of the following information prior to any change in the aircraft to be stored
herein.
Aircraft Change 1: Date:
Registration Number:
Model:
Aircraft Change 2: Date:
Registration Number: Year:
Make: Model:
2. TERM. This Agreement shall commence on June 1 2014 and remain in effect
for a period of one (1) year. Thereafter, this Agreement shall continue in effect from month to
month, being automatically renewed after each month unless thirty (30) day written notice is
given by either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Ninety -Five
and no cents ($195.00) monthly.
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a IY2 % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/17130 services to the Lessee if this rule is
violated in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography. Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. U'T'ILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7. MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in fust class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law.
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15, NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. 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 forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F. Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Charles Goshen
200 Sugar Maple Ln.
Jackson, MO 63755
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first above written at Cape Girardeau, Missouri.
ATTEST:
a
CITY OF CAPE, KiRAVA)EAU, MISSOURI
Scott A. Meyer
City Manager
Page 6 of 6
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T -HANGAR LEASE E
This Agreement made and entered into this Pday of
Girardeau, Missouri, a Municipal Corporation, hereiru
Cornman , hereinafter referred to as "Lessee".
For and in consideration of the mutual covenants, terms and
as follows:
by and between the City of Cape
"Lessor" and Mitch and Linn
contained herein, the parties agree
1. PREMISES. Lessor hereby leases to Lessee the following described property:
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar # 18 , as shown in Exhibit A, together with reasonably necessary
rights of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as:
Registration Number: 544DS Year: 2001
Make: Diamond Star Model: DA -40
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned under the same name as the Lessee. Lessee must advise
the Airport Manager of the following information prior to any change in the aircraft to be stored
herein.
Aircraft Change 1: Date:
Registration Number:
Aircraft Change 2: Date:
Registration Number:
Year:
Model:
Year:
Model:
2. TERM. This Agreement shall commence on June 1 2014
and remain in effect for a period of one (1) year. Thereafter, this Agreement shall continue in
effect from month to month, being automatically renewed after each month unless thirty (30) day
written notice is given by either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Ninety -Five
and no cents ($195.00) monthly.
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 11/2 % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the rovision of aviation/FBO services to the Lessee if this rule is
violated in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in
any way contaminate the Airport premises or property adjacent to the Airport through activities of
the Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill
or contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial.
survey/photography. Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7. MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2of6
S. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law.
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Securityfrransportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without. the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6 -
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. 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 forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
Page 4 of 6
F. Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Mitch and Linn Cornman
RR 4 Box 2994
Marble Hill, MO 63764
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first above written at Cape Girardeau, Missouri.
ATTEST:
ATTEST:
CITY OF CAPE GHCARDEAU. MISSOURI
Scott A. Meyer
City Manager
LESSEE
Mitch Comman
Linn Cornman
Page 6 of 6
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CAPE GIRARDEAU,,MISSOURI 'Ro�•
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this Vjam day of / by and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter calle "Lessor" and _Magniflight, LLC,
hereinafter referred to as "Lessee".
For and in consideration of the mutual covenants, terms and conditions contained herein, the parties agree
as follows:
1. PREMISES. Lessor hereby leases to Lessee the following described property:
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar #_19_, as shown in Exhibit A, together with reasonably necessary
rights of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as:
Registration Number: 316MG
Year:
2007
Make: Ma i G ro
Model:
M-16
Registration Number: 216MG
Year:
2003
Make: Ma ni G ro
Model:
M-16
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned under the same name as the Lessee. Lessee must advise
the Airport Manager of the following information prior to any change in the aircraft to be stored
herein.
Aircraft Change 1: Date:
Registration Number: Year:
Make: Model:
Aircraft Chance 2: Date:
Registration Number: Year:
Make: Model:
2. TERM. This Agreement shall commence on June 1. 2014 and remain in
effect for a period of one (1) year. Thereafter, this Agreement shall continue in effect from
month to month, being automatically renewed after each month unless thirty (30) day written
notice is given by either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Ninety -Five
and no cents ($195.00) monthly.
Page 1 of 6
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 1'/2 % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in
any way contaminate the Airport premises or property adjacent to the Airport through activities of
the Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill
or contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography. Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7. MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Page 2 of 6
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law.
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Securityfrransportadon Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
Page 3 of 6
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. 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 forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
Page 4 of 6
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F. Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Mark Sprigg
Magniflight, LLC
PO Box 217
Kelso, MO 63758
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first above written at Cape Girardeau, Missouri.
ATTEST:
ATTEST: `�
CITY OF CAPU. MARjYEAU, MISSOURI
NuMf'A. Meyer
City Manager
LESSEE
A;i/
Cara Sprigg
Magniflight, LLC
Page 6 of 6
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this day ofby and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter pledf"essor"and Nemesis Flight OpsLLChereinafter referred to as "Lessee".
For and in consideration of the mutual covenants, terms and con contained herein, the parties agree
as follows:
1. PREMISES. Lessor hereby leases to Lessee the following described property:
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar # 20_, as shown in Exhibit A, together with reasonably necessary rights
of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as:
Registration Number: 39EE Year: 2011
Make:_ Cirrus Model: SR22
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned under the same name as the Lessee. Lessee must advise
the Airport Manager of the following information prior to any change in the aircraft to be stored
herein.
Aircraft Change 1: Date:
Registration Number:
Make:
Aircraft Change 2: Date:
Registration Number:
Year:
Model:
Year:
Model:
2. TERM. This Agreement shall commence on June 1, 2014 and remain in
effect for a period of one (1) year. Thereafter, this Agreement shall continue in effect from
month to month, being automatically renewed after each month unless thirty (30) day written
notice is given by either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Ninety -Five
and no cents ($195.00) monthly.
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a lh % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in
any way contaminate the Airport premises or property adjacent to the Airport through activities of
the Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill
or contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography. Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7. MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not Limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law.
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. 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 forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A.' Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
Page 4 of 6
F. Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P. O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Mr. Shannon Davis
Nemesis Flight Ops, LLC
429 Broadview St.
Cape Girardeau, MO 63701
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first above written at Cape Girardeau, Missouri.
CITY OF CAE f3IRARDEAU, MISSOURI
CHO
City
ATTEST:
Lw%klli_�i♦
ATTEST:
LESSEE
Shannon Da is
Nemesis Flight Ops
Page 6 of 6
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