HomeMy WebLinkAboutRes.2853.11-03-2014BILL NO 14-177
RESOLUTION NO JEI�
A PESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECU'T'E TWELVE T-hANGAR LEAS? AGREEMENTS AT
THE CA?E GIRTRDEAU R=GTONPL A -.PORT
IT RESOLVED BY TPE COU14CIL OF THE CIT`_' OF CAPE
GIP,ARD=,TU, MISSOURI, AS _OLLOWS
APTICLE 1 The C:t,, Manager, for a -d on behalf of he City
of Cabe Giraraeau, Missouri, 1s hereby autnor3zed to eyecute
Lease 'areements g1th Paul Brinkopf, N3384R, T,LC, Cape Flyer;,
Josh Lofton, Larry Whine, Thumas Knupp, Briar) Ozark and Johns
Beardslpe, Cape Copters, Mike Conrad, Dan Russell, Larry Bill,
Wings of Cape, for lease space at tn� Cape Girardeau Regional
Airport, in she Citi of Cape Girardeau, Missouri The
Agreements shall be 3n bubstantlally the form attached hereto as
E hibi� A, which documents are hereby approved by t, -e City
Council, kith such changes therein as shall be anpro,,ed by the
officers of the City erecuting the same
PASSED AND ADOPTED THIS DAY OF� 1 015
Harry E Rediger, Mayor
ATTEST
(
Gaylo L Conrad, City Clerk
T -HANGAR LEASE AGREEMENT
z 4)1
This Agreement made and entered into this � day of by and between the City of Cape
Girardeau, Missouri a Municipal Corporation, hereinafter cal ed 'Lessor-- and Josh Lofton , 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 H 1 , as shown in Exhibit A, together with reasonably necessary rights of
access across Lessor s adjoining arca
The aircraft which is to be stored by Lessee at this location is described as
Registration Number N5082
Make Cessna
Year
Model
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
TERM This Agreement shall commence on October 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, Forty -Five
and no cents (5145 00) monthly This rental amount shall be adjusted every five (5) years
For each suceessivc five (5) year period during the remainder of this agreement, the rental amount
shall equal the rental amount of the preceding terms plus d percentage of said preceding rental
amount for the successive five year (5) period The percentage referenced herein shall he the
percentage increase in the Consumer Price Index (Midwest Urban All Urban Consumers) for the
Page 1 of 6
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 n 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 Parking a vehicle in the hanger
while lessee is using the aircraft listed in 91 Premises is not considered "storage
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 tit
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 Lessec
fail to do so, the I essor ma} take any reasonable and appropriate action in the Lessee's stead
The cost of such remedial action by the Lessor shall he paid by the Lessec
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 commerc ial 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 lot utility services furnished
as a part of Lessee's rent I essor 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 samtary 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
Lassee shall be responsible and liable for any damage to the T-llangar 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 he 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 c,onstmed as a sublease and unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease
11 AN'N'UAL 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 presr.ribed b} the
Department of Homeland Secunty(fransportation Severity 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 e.emditions 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, for s or
liability of any Lind 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 pan 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 '1 ERiMINAT1ON 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, til
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 wmpetcnt 3unsdn,tion of any m)unt,tntn 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 he 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 arc received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee s T-Hangdr
IS LESSOR'S RIGHT OF TERMINATION This lease shall be subject to termination b} Lessor
upon the happening of any one or more of the following events
A Lessee shall he in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
13 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 he
dismissed within fifteen (15) days after it is filed,
D Leswe 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 ahscm-L, such as an extended flight, aircraft repairs, replacement, etc
F Lessee shall default in the performance of any of the other covenann, 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 ui Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such nonce
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 insuillments 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 defiuency in the rental payments shall he and remain the
obligation of the Lessee
19 NOTICES Any notice or other communication to Lessor or Lessee referred ui in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mad, registered and with proper pintagc and registration lee prepaid, addressed as follows
LESSOR City Clerk
City Hall
401 Independence
P O Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE Josh Lofton
2205 Aldridge Rd
Cobden, I L 62920-3731
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
Gayle El Conrad
City C%rk
ATTEST
CITY OF CAEk IRARDEAU MISSOURI
Scott A Meyer
City Manager
LESSEE
OA�2�
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14
15
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EXHIBIT "A
FORMER AIR EVAC HANGARS
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this � day of 6, , by and between the City of Cape
Girardeau, Missouri a Municipal Corporation, hereinafter called "Lessor' and Paul Brinkopt�:--
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 H 2 , 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 N9820J
Make Cessna
Year _
Model
150
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
TERM. This Agreement shall commence on _ October 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
REN'T'AL Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount &% 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, Forty -Five
and no cents ($145 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 referencedlherein shall be the
percentage increase in the Consumer Price Index (Midwest Urban All Urban! Consumers) for the
Page 1 of 6
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
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/F130 services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease Parking a vehicle in the hangar
while lessee is usme the aircraR listed to �" I Premises is not considered "uoraee"
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 he 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 fumished
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
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, rratsonable 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-llangar 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 A,\D 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 a)nsent 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
ternunation 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 dcwrdance with FAA criteria and/or
proof of annual mspec-tron
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, shdll not be r_onstrued 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 wndition 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 wnsent to an assignment of this Lease or to a sublease of the whole or any pari 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
offiLM, 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 pan 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 nav 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
F 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 subparagrdphs (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 -hall have until the
end of the next business day to provide access of Lessee s I -Hangar
18 LESSOR'S RIGHT OF TERMINATION This lease shall be subled 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,
1) 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 nout,e to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such nour_e
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 he 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
Mad, registered and with proper postage and registration fee prepaid, addressed as follows
LESSOR City Clerk
City Hall
401 Independence
P O Box fill
Cape Girardeau, Missouri 63702-0617
LESSEE Paul Brinkopf
233 Barefoot Beach Blvd
Bonita Springs, FL 34134
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 henefit 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 CAPE,0IRARDEAU, MISSOURI
Scott A Meyer
City Manager
LESSEE
Page 6 of 6
EXHIBIT "A
FORMER AIR EVAC HANGARS
10
11
12
13
14
15
16
17
18
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this day of RAM) and between the City of Cape
Girardeau, Missouri a .Municipal Corporation, hereinafter called "Lessor' and Cape Flyers ,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-liangar k 3 , 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 1800M Year _ /q 7t
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 Chante Date -
Registration Number
Make
Aircraft Cham Date -
Registration Number
Make
Year
Model
Year
Model
TERM This Agreement shall commence on October 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
RE\"1AL Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter pro%ided, 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, Twenty -
Five and no cents ($125 00) monthly This rental amount shall be adjusted every fi%e (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
Page 1 of 6
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 n ht to cease the ProLISion of avtationLliO scrvue5 to the Lessee if this rule is
violated ut addmon to anv other remedies provided in this lease Yarkmg a vehicle m the hanea_r
while Iesseers using the aircraft listed m �] Premises is not considered'stor
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 rurther, 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 7 -Hangar, except such minor
mamtcnanee 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 espress 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 pretenses in a
cleats, 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 MAINTEN,10N`CE A -NTD 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-llangar 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
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 .UAERATIONS AND IMPROVEME,\'7'S 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 f -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 1NSPEC"IION Lessee's aircraft shall be ,n 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 propert} taxes which may be assessed against equipment,
merchandise or other personal properly 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 patties
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
habdtty' 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 not, insurrection, war or any other cause beyond
I essor's control
17 LESSEE'S RIGHT OF 7 ERMINATION Lessee shall have the right to terminate this ]case
upon the happening of one or more of the following events
A The permanent abandonment of the Airport,
B fhe 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 an), 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 ma) exercise the right of termination h) 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 reccixed by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's I -I langar
IS 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 haze filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or mcoluntary shall not be
dismissed within fifteen (15) days after it is filed,
1) Lessee shall abandon the demised premises,
Page 4 of 6
f 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 nonce 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 demmsed 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 he deemed validly given, served and delivered upon deposit in the United State
Mail, registered and with proper postage and registration fee prepaid, addressed as follows _s
LESSOR City Clerk
City Hall
401 Independence
F O Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE Cape Flyers—Brandon Christensen
307 N West End Blvd
Cape Girardeau, MO 63701
Page 5 of 6
20 Pf1RTLES BOUND All of the terms, covenants and conditions hercm contained shall be
binding upon and shall inure to the benefit Of the parties, their successors, hells,
administrators and assigns executors,
IN WITNESS IVIIEREOF, the parties here to have caused tilts agreement to he executed as of the day
and year first above written at Cape Girardeau, Missouri
City Clerk
ATTEST
CITY OF5APE—(—j1P%RDEAU, MISSOURI
City Manager
Page 6 of 6
EXHIBIT W
FORMER AIR EVAC HANGARS
10
11
12
13
14
15
16
17
18
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into thi3rq day of Wo ",`try and between the City of Cape
Girardeau, Missouri, a Municipal Corporation. hereinafter called "Lessor and Thomas Knupp
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 tl 4 , 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 descnbed as
Registration Number A16 A/""' Year zz2
Make ChallengerModel Ultraheh[
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
TERM. This Agreement shall wmmence on October 1. 2014 and remain in effect for a
period of one (1) year Thereafter, this Agreement shall continue in effect from month to month,
beme automaticalh renewed after each month unless thirty (30) da} 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, Twenty -
Five and no cents (S 125 00) monthly This rental amount shall be adjusted every five (5) years
For each SaCt,e551Ve 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 successne five year (5) penod The percentage referenced herein shall be the
percentage increase in the Consumer Price Index (Midwest Urban AJI Urban Consumers) for the
Page I of 6
preceding five (5) year period, not ro exceed three (3) percent per year, unless a lower perLentage
is deterrruned 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 r ht to cease the -provision of aviation/FBO services to the L1, e if this ruleos
violated, m addition to a% other remedies provided in this (case Parkin a vehicle in the hamar
While lessee is usingthe tircra(ihucd inhl Premises is not considered `storax _
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for rrunor 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 hnuted 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'11LITIES. Lessor shall assume and pay for all costs and charges for utility serviLes 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 MAIN'I ENANCE AND REPAIR Lessee shall at its sole cost and expense, keep and maintain
the demised prerruses 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-1 langar Caused by Lessee's use,
InLludmg, 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
S INGRESS AND EGRESS Lessor shall provide a right of trig
_ress and egress to the ticmtsed
premises for the Lessee, its officers employees and agents
9 ALTERATIONS AND LVIPROVEI•IFNTS Lessee shell 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 Ai\D 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 recent
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 i esseCs aircraft shall be to 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 hes 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 unrestncted 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 Lcssor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland SCLunty/fransportation Security Administration, and the Cape
Girardeau Regional Airport
14 TARES. Lessee shall pay all personal property taxes which may be assessed .[gams[ equipment,
merchandise or other personal property owned or used by Lesse(, 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 Lessees property known to be
stored by Lessee
15 NO WAIVER Ok FUTURE BREACH flit failure of Lcssor 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 waver 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 hredch 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 he made without the
express consent in writing by the Airport Manager None of the terms or conditions of this Lease
shall he altered, waived or modified in any manner except by written instrument executed by
both parties
Paec 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 hind 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 RIGHI OF TERMINATION Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events
A -I he permanent abandonment of the Airport,
13 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,
1) 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 wav 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 Lcssee 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-Ilangar
18 LESSOR'S RIGHT OF TERMINATION Phis 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 pay merit of rent for a period of thirty (30) days after the
time such payment shall be due,
H Lessee shall make a general assignment for the benefit of creditors,
C I,csscc 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,
Pa or d of (,
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 ma} 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
401lndependence
P O Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE Thomas Knupp
402 Hopper St
Scott City, MO 63750
Pap,e 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
Gayle L bnrad
City Clerk
ATTEST
CITY OFICAPE GIFARDEAU, MISSOURI
I•
City
LESSEE
/ r
Thomds Knupp
P'�o (, of A
EXHIBIT A'
FORMER AIR EVAC HANGARS
10
11
12
13
14
15
16
17
16
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this .l__(L day of 11, 016't b} and between the City of Cape
Girardeau, Missouri, a Municipal Corporation hereinafter called `Lessor and Mike Conrad
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 # 5 , 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 descnbed as
Registration Number N60977 Year _
Make Fisher Model Dakota Hawk
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 Chance 1 Date
Registrauon Number
Make
Aircraft Change 2 Date
Registration Number
Make
Year
Model
Year
Model
TEF -M This Agreement shall commence on October 1, 2014_ and remain in effect for a
period of one(]) }car 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 he 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 da} of
each month during the term of this lease Lessee agrees to pay Lessor One Hundred, Twenty -
Five and no cents (S125 00) monthly This rental amount shall be adjusted every five (5) )ears
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 }car (5) period The percentage referenced herein shall be the
percentage increase in the Consumer Price Index (Midwest Urban All Urban Consumers) for the
Page I of 6
preceding five (5) year period, not to exceed three (3) percent per year unless a lower perccmage
is determined by the Airport Manager
All payments are to be made Lit 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 li/ % per month interest (18% per year)
charged on all past due accounts
4 USE OF THE PREMISES The f -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased b) 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 neht to cease the_lLrmision of aviauon/hBO services to the Lessee it this rule is
while lessee is us
violated. addition to any other remedies laoridcd in this lease Parkin a vehicle in the hangar
e the aircraR listed mrtl Premises is not considered "storaee'
Lessee is prohibited from storing anv fuel or petroleum products upon the leased premises, except
those necessary for tenor mdmtenance No waste or petroleum materials shall be spilled or in
any way contaminate the Airport premises or property adjacent to the Airport through icllvnics 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 immediate]}, 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 b} 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 Alport Manager Flits 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 heron 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 samiary 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 REP VR Lessee shall at its sole cost and expense, keep and maintain
the derrused 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
mcludmg, 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
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 AL'TERATION'S AND IMPROVEiStEN'I'S 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-Ilangar, 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 A11NUAL 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 preimses 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 Secunty/Transportation Security Administration, and the Cape
Girardeau Regional Airport
14 TAXES. Lessee shall pa} 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 rcguired to provide
information to federal and state goverriment 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 pro%ision 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 farther sublease shall be made without the
express consent in writing by the Airport Managcr None of the terms or conditions of this Lease
shall he altered, waned, or modified in any manner eXcept b} written instrument executed by
both parties
Page 1 of
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, utcluding 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 nusconduct
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 bc%ond
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 7 he 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
fort) -five (45) days
C Issuance b) any Court of competent jurisdiction of an} injunction in any wa) 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 reined} 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 sixth (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessce 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
IS LESSOR'S RIGHT OF 1 ERMINA'1ION This Icasc shell be subject to termination by Lessor
upon the happening of day one or more of the following events
A Lessee shall be in arrcdrs m the payment of rent for a period of thirty (30) days after the
time such pd}ment shall he due,
13 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, prohrded 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 (.10) 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 Mike Conrad
1114 Patricia Ln
Cape Girardeau, MO 63701
Page 5 of 6
20 PARTIES BOUTiNI). All of the terms, covenants and conditions hcrem 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
Gayle Conrad
City Clerk
ATTEST
LESSEE
Mile onrad
Page 6 of 6
FORMER AIR EVAC HANGARS
10
11
12
13
14
15
16
17
18
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this ?0 day ofIAY-0y and between the City of Cape
Girardeau, Missouri a Municipal Corporation, hereinafter called "Lessor' and _Lowell Peterson ,
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 -Hanger located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar ff6 , 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 —45 UP Year
Mals Robinson Model RV -6
In addition, Lessee n 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
Male
Year
Model
Year
Model
TERM. This Agreement shall commence on October 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, Twenty -
Five and no cents (5125 00) monthly This rental amount shall be adjusted every live (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
Page 1 of 6
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'/z %n 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 nght to cease the provision of aviauon(FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease Parking p vehicle in the hangar
while lessee is using the aircraft listed in #1 Premises is not considered ` storage"
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 wntammatc the Airport premises or property adjacent to the Airport through activmes 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-Hangdr, 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 conduced
on Lessor's premises without the express written approval of the Airport Manager This includes,
but is not limited to dircrarft rental, charter, leasing, flight instruction, mamtcnance, 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 cost,,, 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 [caw
7 MAINTENANCE AND REPAIR. Lessec shall at its sole cost and expense, keep and maintain
the demised premises in Gist class condition, which wnduton 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, addmions, 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 docs 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 pan 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 activnics 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 soft 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 tiny other cause beyond
Lessor's control
17 LESSEE'S RICHT 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 Issu.m(e by any Court of competent jurisdiction of any injunction in any way preventing
or restncting the use of the Airport, and the remaining in force of such injunction for a
period of at least forty-five (45) days,
1) 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 subpardgraphs (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
IR LESSOR'S RIGHT OF TERMINATION This lease shall he 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 alter the
time such payment shall he 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 he
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 nuuLe to Lessee of its
intention to terminate, and this ]case 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
Mad, 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 61702-0617
LESSEE Lowell Peterson
184 Morning Star Ln
Jackson, MO 63755
Page 5 of 6
20 PARTIES ROUND. All of the terms, covenants and conditions herein c:ontamed shall be
binding upon and shall inure to the benefit of the parties their su(cessors, heirs, executors,
administrators and assigns
IN WITNESS WHEREOF, the parties here to have caused this agreement to he executed as of the day
and year first above written at Cape Girardeau, Missouri
ATTEST
CITY OF C; 1 G)RARDEAU, MISSOURI
' ea A Meyt
City Manager
Page 6 of 6
EXHIBIT 'A
FORMER AIR EVAC HANGARS
10
11
12
13
14
15
16
17
it-]
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this k day of ijbv and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, heremaRcr allec '`Lessor' and Wines of Cape
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 # 8 , 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 des( nbed as
Registration Number _267ME Year
Make Cessna
Model
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY Lf 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
TERr11. This Agreement shall commence on G.toher 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, Fortv-Five
and no cents ($145 00) monthly This rental amount shall be adjusted every five (5) years _
For each successive five (5) )car 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
Page 1 of 6
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 is Lessor ma} direct There will he a I% % per month interest (18% per %car)
charged on all past due accounts
4 USE OF THE PREMISES The T -Hanger 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
Le -serves the nuht to cease the provision of aviation/FDO services to the Lessee if this rule is
violated, m addition to any other remedies provided in this lease Perhine a vehicle in the haiSar
while lessee is usmhc aircraft fisted mal Premises is not considered "storage'
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 he 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, Dight 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 resenes 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. Lesscc 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 cxceptcd
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 b; 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
3 INGRESS AND EGRESS Lessor shall provide d right of ingress and egress to the demised
premises for the Lessee, Its officers, employees and agents
9 ALTERATIONS AND IiMPROVEMENTS. 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, dnd improvements shall be, and will remain the
property of Lessor and will be surrendered with the leastd premises as part thereof upon
termination of this Lease Agreement
10 ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T-llangar 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 he construed as a sublease and, unless approved in
writing by the Airport Manager, %hall 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 medsures 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 go%ernment 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 trot
be deemed a waiver of the bredch 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 indernmN and hold harmless and defend the Lessor, its
officers, agents and employees from and against an) and .ill 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 [tie Lessor, but excluding liabilities due to the sole negligence or µ illful nusc:onduct
of Lessor Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of anv 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 agents
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) da)s after any of the events mentioned in the preceding subparagraphs (A) through (E)
aboxe
In the event Lessee is delinquent in rental pa)ment(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 pa)mcnt 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 Involuntar-,, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
disnussed within fifteen (15) days after it is file d,
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 (ovenants, 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 an) time during the term of this lease
Lessor may exercise the right of termination provided for herein by wnucn 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 ternunation Lessor may take possession of the demised premises upon the
effective date of said termination Default under this lease shall entitle Lessor to deLlare 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 he and remain the
obligation of the Lessee
19 NOTICES. Any notice or other communication to Lcssor 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 Wings of Cape — Carlos Robles
3107 Beaver Creek Dr
Cape Girardeau, MO 63701
Page 5 of 6
20 PARTIES BOUND All of the terms, covenants and conditions herein contained shb
binding upon and shall inure to the benefit of the parties, their successors, heirs,
administrators and assigns execall eutors,
IN WIFFNESS WHEREOF, the parties here to have caused this agreement to be etCwted as of the day
and year first above written at Cape Girardeau, Missouri
ATTEST
CITY OF �ArE Cy ARDEAU, MISSOURI
A Meyer
City Manager
Page 6 of 6
EXHIBIT "A
FORMER AIR EVAC HANGARS
10
11
12
13
14
15
'16
17
18
T -HANGAR LEASE AGREEMENT
�{
This Agreement made and entered into this 3,0ddy of 1 Loy and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Dan Russell 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 Lcssce the following described property
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar # 9 , 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 _ 277CB Year
Make _ Cessna Model 172
In addition, Lessee is allowed two (2) aircraft changes within the same terms and conditions of
this lease ONLY if the aircraft is owned tinder 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 I Date
Registration Number
Make
Aircraft Chante Date
Registration Number
Make
Year
Model
Year
Model
TERM This Agreement shall commence on October 101 1 and remain in effect for a
period of one (1) year Thereafter, this Agreement shall coiitinuc 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
RENTAI, Lessee shall pay Lessor month]}, 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, Forty -Five
and no cents ($145 00) monthly This rental amount shall be adjusted every five (5) years
For each successive five (5) year period during the remainder of this agreem fnt, the rental amount
shall equal the rental amount of the preceding terms plus a percentage of said preceding rental
amount for the successive five }car (5) period The percentage referenced herein shall be the
percentage increase in the Consumer Price Index (Midwest Urban All Urban Consumers) for the
Page l of 6 I
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 arc 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 li/ Wo per month interest (18% per year)
charged on all past due accounts
4 USE OF THE PREMISES The T-11angar Hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee Absolutely no storage of any tpe automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar Lessor
reserves the nght to ccaseshc-iroriston of aviation FB_O services to the Lessee if this rule rs
violated, m addinon to any other remedies provided in this --L---—____-(case Parkin a vehicle in th hangar
Lvfide lessee is usme the aircraft fisted in a �— e .-
1 Prenrisesrs snot considered storage'
Lessee is prohibited from storing an} 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 contarrunate 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 notiN 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 he paid by the Lessee
No maintenance of the stored aircraft shall he 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 hinted 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 wntien consent of Lessor
5 UTILI1IES. 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 neccssary materials, equipment and
labor to provide all necessary janitorial and custodial scrniccs, 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 unproper or negligent operations
Page 2 of 6
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 tUND IMPROVEME\"I'S 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 ruthheld without reasonable cause All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will he surrendered with the leased premises as part thereof upon
termination of this Lease Agreement
10 ASSIGNMENT AND SUBLEASE. I-Lssee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager In the event that Lessee does receive
wruten 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, finless approved in
a hung b� 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 fumish 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 dgrces 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 Sewn ty/1'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 LC\SCC loca[ed 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 propert% 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 Stott 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, waned, or modified in any manner except b% written instrument executed by
both parties
Page 3 of 6
16 INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, dgcnts and emplo}ces from and against any and all claims, demands, damage loss or
liability of any kind or nature, costs or expenses including attorne% s fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damdges to property sustained hecause 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 he 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 Lcssce 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 b} the United States Government, or any authorized agency
thereof of the operation, control or use of the Airport, or nd% substantial part thereof, in
such a mariner as to substdnually 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 um 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
1) 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 m the preceding subparagraphs (A) through (F,)
above
In the event Lessec is delinquent in rental payments) to Lessor in excess of sixty (60) da%s,
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 b% Lessee, the Lessor shall have until the
end of the next business day to pro%ide 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 voluntar% 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 o11 fie prenuses for a period of thirty (30) days, except for
normal ahsence, such as an extended Right, aircraft repairs, replacement, etc
P 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 anv portion of the Cape Girardeau Regional Airport Rules and
Regulations" in effect at any lime 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 etent of termination Lessor may take possession of the demised premises upon the
effective date of said termination Default tinder this lease shall entitle Lessor to declare all
remaining installments or rentals to be clue and payable immediately, and in the event Lessor shall
take possession of the dermsed 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
Mad, 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 Dan Russell
985 Agate Ln
Jackson, MO 63701
Page 5 of 6
20 PARTIES ROUND AJI Of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties their successors, heirs,
administrators and assigns executors,
IN IVITNLSS WHEREOF, the parties here to have caused this agreement to he executed as of the da}
and year first above written at Cape Girardeau, Missouri
/® V!
CITY OF C
^ t^ (--Scott A it ley
v
*r E , City Manager
Gayle L) Conrad
City Clerk
ATTEST
RDEAU, MISSOURI
LESSEE
Dan Russell d
Page 6 of 6
EXHIBIT W
FORMER AIR EVAC HANGARS
70
11
12
17
16
15
16
17
18
T -HANGAR LEASE -AGREEMENT
This Agreement made and entered into tl
Us ay of by and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter called `Lessor" and ,
hereinafter referred to as "Lessee Care Co tors
For and in consideration of the mutual covenants terms and conditions contained herein, the parties agree
as follows
1 PREMISES I-essor 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 H 10_, 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 N733CC
Make Robinson Year --
Model R-44
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
car
Model
Aircraft Date
Registration Number Year
ear
Model
TERDI This Agreement shall commence on _October 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 unicss 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 Lcssor One Hundred, Forty -Five
and no cents ($145 00) monthly This rental amount shall be adluued 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
Page 1 of 6
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 IIIE 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 aviauonLFB services iothe Lessee if this rule is
violated, in adduion [� any other remediesprowded in this lease Parking a vehicle tithe hangar
while lessee is using the aircraft listed m #1 Premises is not considered `uoraee
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 notifv the
Airport Manager and appropnate 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 he paid by the Lessee
No maintenance of the stored aircraft shall be conducted in the T-Ilangar, 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 7 his 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 UTILPI'IES Lessor shall assume and pay for all costs and charges for utility services fumished
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 CUSTODWL 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 MAI TENA,\'CE 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 unproper or negligent operations
Page 2 of 6
3 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 INSPEC-FIO,N. 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 dnd/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 denused
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 anv and all claims, demands, damage loss or
habilit_v 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, not, insurrection, war or any other cause beyond
Lessor's control
17 LESSEE'S RIGH r 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 ttic 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 wrilu n 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 fce 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 f -Hangar
18 LESSOR'S RIGHT OF TERMINATION This lease shall he subjcu to termination by Lcssor
upon the happening of any one or more of the following events
A Lessee shall be in arrears in the payment of rcpt 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 Bled against it an involuntary, petition in
bankruptcy, provided such petition whether %oluntary 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) da}s, except for
normal absence, such as an extended flight, aircraft repairs, replacement, etc
1' 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 terrmnation prosided for herein by written notice to Lessee of its
intention to terrrunate, 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 an% 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
Marl, registered and with proper postage and registration fee prepaid, addressed as follows
LESSOR City Clcrk
City Hall
401 Independence
P O Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE Cape Copiers
2701 Janet Dr
Cape Girardeau, MO 63701
Page 5 of 6
EXHIBIT -A'
FORMER AIR EVAC HANGARS
10
11
12
13
14
15
16
17
iFl
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,
administrators and assigns executors,
IN BVI YESS WHEREOF, the parties here to have caused thus agreement to be executed as of the day
J)
o%e written at Cape Girardeau Missourt
,s
CITY OI C G DEAU, MISSOURI
t
Cott A Meyer
�_ It
Manager
Gayle LCConrad
City Clerk
LESSEE/
ATTEST Cape Copters
Page 6 of 6
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this � day of w)- ¢y and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and N3384R, 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 # 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 N3384R
Make Cessna
Year _
Model
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
Male
Year
Model
Year
Model
TERM This Agreement shall commence on October 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 edch 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, Twenty -
Five and no cents (5125 00) monthly This rental amount shall be adjusted every live (5) years
For each successive five (5) year period during the remainder of this agreement, the rental amount
shall eyudl the rental amount of the preceding terms plus a percentage of said preceding rental
amount for the succcssivc five year (5) penod The percentage referenced herein shall he the
percentage increase in the Consumer Price Index (Midwest Urban All Urban Consumers) for the
Page 1 of 6
preceding live (5) year period, not to exceed three (3) percent per year, unless a lower percentage
is determined by the Airport Manager
All payments arc to be made at the office of the City Colleunr of the City of Cape Girardeau or at
such other place as Lessor may direct There will be a 11/ % per month interest (18%r per year)
charged on all past due aLwunts
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
vehiLle, boat, other non -aviation related items or equipment is permitted in the hangar Lessor
reserves the right to Lease the provision of avlation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease Parking a vehicle in the hangar
while lessee is using the aircraft listed in M1 Premises is not considered "storage_
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 adlac ent 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 LLsst e
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 Lommerual 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 I essee'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 Llass 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 u>mponents 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
3 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 Lesscc 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 its a sublease and, unless approved in
writing by the Airport Manager, shall he grounds for termination of this lease
11 AINNUAL 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 unrestnded 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 IdW
13 SECURITY. Lessee agrees to abide by and woperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Sccunty/fransportation 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 mstanccs, 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 pan 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 thL 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 pan 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 noticL lei 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) ddys,
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 arc received by Lessee, the Lessor shall have until the
end of the next business day to provide access of I essee s T -Hangar
18 LESSOR'S RICHT 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,
13 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 he
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 demned 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. An} 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
4011ndependence
P O Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE 3384R, LI -C
1217 County hwy 204
Scott City, MO 63780
Page 5of6
20 PARTIES ROUND 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
s&G�'
Gayle Conrad
City Clerk
ATTEST
CITY OV CAPE GIRARDEAU. MISSOURI
Scott A M
City Mana,
LESSEE
O �, -
Z--LLJ
Lana Arnzen
Mike McCrate
Tc
Page 6 of 6
EXHIBIT A
FORMER AIR EVAC HANGARS
10
11
12
19
14
16
16
17
18
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into thisL�v'�1Vi
Municipal Corday of—y and between the City of Cape
referred to as "Lessee"
Girardeau, Missouri, a Corporation, hereinafter called "Lessor' and Larry Bill—hereinafter
For and in consideration of the mutual covenants, terms and conditions contained h(rein, the parties agree
as follows
1 PREMISES. Lessor hereby leases to Lessee the following described propert)
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar #-1,3, 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 des( nbed as
Registration Number _ N464GB Year
Make Sonnex Model
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 Change 2 Date.
Registration Number
Make
Year
Model
TERM This Agreement shall commence on_ October 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 nonce is grncn 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, Twenty -
Five and no cents (5125 00) monthly This rental amount shall be adjusted every five (5) )cars
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 }ear (5) period The percentage referenced herein shall be the
percentage increase in the Consumer Price Index (Midwest Urban All Urban Consumers) for the
Page I of 6
preceding five (5) year period, not to exceed three (3) percent per year, unless a lower percentage
is detemuned 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 li/ % per month interest (18% per %car)
charged on all past due accounts
4 USE OF THE PREMISES. The 7 -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessce 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 pruvnton of aviation FBO services m the Lesseeec �f tthis rule is
violated in addition to anv other rcmcdres rovided in this lease Parking a vehicle in the hangar
while lessee is usmg-the aircraft fisted In gl Premiscs is not consider ed"storage=
Lessee is prohibited from storing any fuel or petroleum products upon the leased prerruses, 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 beitcfit of an
aircraft mechanic Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approxal of the Airport Manager This includes,
but is not limited to dire raft 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 UTILI'T'IES 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
Lcssor will maintain the structural components of the T -Hangar, including doors and door
mechanisms
Lcssec shall be responsible and liable for any damage to the T -I langar 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
S INGRESS AND EGRESS Lessor shall provide a right of ingress and egress to the ticrmised
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
terrmnation of this Lease Agreement
10 ASSIGNMENT AND SUBLEASE. Lcsscc 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 pro%ided 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 mnet} (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 sct.urity regulations and measures as prescribed by the
Department of Homeland Sccunty/Pransportation 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
he deemed a waver 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 b}
both parties written instrument executed by
Page 3 of 6
16 INDEMNIFICATION - Lessee shall indemnify and hold harnil(ss and defend the Lessor, its
officers, agents and employees from and agaoist any and all claims, demands, damage, loss or
liability of any hind or nature, costs or expenses, including attomey's fees arid witness costs
which may be asserted by any person or persons for or on account of an% 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 'I EWIIINATION 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,
13 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 an) 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 fort) -five (45) days,
D The default by Lessor in the performance of an) 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 subparagraplis (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, tire Lessor shall have until the
end of the next business day to provide access of Lessee's "I -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 (10) 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 aflcr it is filed
D Lessee shall abandon the dermsed premises
Page 4 of 6
E Lessce 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 co%enants, 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 elTect at any time during the terns 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 prenuses, it may relet the same upon such terms and conditions as
it shall deem appropnate, 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
Mad, 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 Larry Bill
2543 Prairie Vein Trail
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 )car first above written at Cape Girardeau, Missouri -
ATTEST
CITY OF giRARDEAU, MISSOURI
City Manager
LESSEE
Larry Bill
Paige 6 of 6
EXHIBIT 'A
FORMER AIR EVAC HANGARS
10
11
12
13
14
15
16
17
18
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into thisNher
day of�J, by and between the City of Cape
Girardeau, Missouri, a Municipal Corporatioinafter called "Lessor" and _ Larry White hereinafter
referred to as "Lessee
For and in consideration of the mutual covenants, terms and conditions contained herein, the parties agree
as follows
I PREMISES Lessor hereby leases to Lessee the following described property
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girdrdeau, 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 2758H Year
Make Aircoulx Model
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 lollowing information prior to any change in the aircraft to be stored
herein
Aircraft Chanee I- Date:
Registration Number
Make
Aircraft Change 2• Date
Registration Number
Make
Year
Model
Year
Model
TERM. This Agreement shall commence on _October 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, Twenty -
Five and no cents ($125 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 Index (Midwest Urban All Urban Consumers) for the
Page 1 of 6
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 he 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/EEO services to the Lessee if this rule is
violated- in addition to any other remedies provided in this lease Parking a vehicle in the hamar
while lessee is using the aircraft listed in H1 Premises is not considered' storage"
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 he 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 notifv 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 Lcssec
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, mamtenantx, 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 ALTERATION'S 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 arrcrift
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 ui 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 Secunty 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 anv 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 heron, 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,
1) The default by Lessor in the performance of any covenant or agreement herein required
to he 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 l -f langdr
18 LESSOR'S RIGHT OF TERMINATION This lease shall he 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 contmuc 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
Marl, 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 Larry White
1119 County Road 2116
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 Clerk
ATTEST
CITY OF gA'PESHRARDEAU, MISSOURI
Scott A Meyer
City Manager
LESSEE
Larry White
Page 6of6
EXHIBIT "A
FORMER AIR EVAC HANGARS
10
11
12
13
14
15
16
fil
18
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this 31( lay of by and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter called "lessor and Brian Ozark and John
Beardslee hereinafter referred to as "Lessee
For and in consideration of the mutual covenants, terms and LOndmons contained herein, the parties agree
as follows
1 PREMISES. Lessor hereby leases to Lessee the following dMribed property
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar N 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 N44218
Make Piper
Year
Model Warrior
In addition, Lessee is allowed two (2) aircraft change~ 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
TERM This Agreement shall commence on October 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, Forty -Five
and no cents ($145 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 Index (Midwest Urban All Urban Consumers) for the
Page 1 of 6
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 li/ %n per month interest (18%n per year)
charged on all past due accounts
4 USE OF THE PREMISES. The T-liangar 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 nght to cease the provision of aviation/FDO services to the Lessee if this rule is
violated, in addwon to any other remedies provided in this lease Parking_a vehicle in the hanpar
while lessee is using the aircraft listed in 91 Premises is not considered "storage_
5 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 tale 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 he conducted
on Lessor's premises without the express written approval of the Airport Manager I his 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
6 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
7 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 d
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
8 MAINTENANCE AND REPAIR. Lessee shall at its sole List 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 he responsible and liable for any damage to the T -Hangar caused by Lessee's use,
me luding, 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
9 INGRESS AND EGRESS Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents
10 ALTERATIONS A,\D 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 e,iuse All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises is part thereof upon
termination of this Lease Agreement
11 ASSIGNMENT AND SUBLEASE Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manage In the event that Lessee does reLcive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the least 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
12 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 1'AA criteria and/or
proof of annual mspewon
13 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 inspeuion, 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
14 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
15 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
16 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
exerLise 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 wnsent 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 ALL 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 authonied agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof in
such a manner as to substantially restrict I essee's use of the premises fix 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 he due,
D Lessee shall make a general assignment for the benefit of creditors,
C Lessee shall file d 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 nonce 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 exemise 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 Lexor 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 nonce or other uimmumcation to Lessor or Lessee referred to in this lease
agreement shall he 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 Brian 0/irk/John Beardslec
10733 State Highway c
Altenburg, IL 63732
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 he executed as of the day
and year first above written at Cape Girardeau, Missouri
City Clerk
ATTEST
CITY OFRAAPE GAARDEAU. MISSOURI
Scott A Meyer
City Manager
LESSEE
Brian Ozar ohn eardslee
Page 6 of 6
EXHIBIT "A
FORMER AIR EVAC HANGARS
10
11
12
13
16
15
16
17
18