HomeMy WebLinkAboutRes.2906.07-06-2015BILL NO 15-131
RESOLUTION NO qo--P
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE TEN T -HANGAR LEASE AGREEMENTS AT THE
CAPE GIRARDEAU REGIONAL AIRPORT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS
ARTICLE 1 The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute
Lease Agreements with Andy Hill; Whispering Oaks, LLC; Ron
Bohnert; Bob Crader; John Ellis; Terry Irwin; Dr Paul Clarke;
Cape Wings, LLC; ATLATL, LLC; and Concord Publishing House,
Inc , for lease space at the Cape Girardeau Regional Airport, in
the City of Cape Girardeau, Missouri The Agreements shall be
in substantially the form attached hereto as Exhibit A, which
documents are hereby approved by the City Council, and
incorporated herein by reference, with such changes therein as
shall be approved by the officers of the City executing the
same
PASSED AND ADOPTED THIS11 0\1�DAY OF �r 2015
J. L
E
ATTEST
Gayl L Conrad, City Clerk
Redige2; Mayor
r
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this D day of 20 , by and between the City of
Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Andy Hill
hereinafter referred to as "Lessee"
For and in consideration of the mutual covenants, terms and conditions contamed 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 #_1_, 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
Make -
4905M
Year- 1947
Model Cub
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.
Registration Number
Make
Aircraft Chanee 2. Date
Registration Number
Make.
Year
Model
Year
Model
2 TERM. This Agreement shall commence on and remain in effect for a
period of one (1) year Thereafter, this Agreement shall continue in effect from month to month,
being automatically renewed after each month unless thirty (30) day written notice is given by
either party that the Agreement should not be renewed
3 RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease Lessee agrees to pay Lessor One Hundred, Sixty Five
Dollars and no cents ($165 00) monthly
This rental amount shall be adjusted every five (5) years For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct There will be a 1Y2 % 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 aviationLF130 services to the Lessee if this rule is
violated, in addition to any other remedies p ovided in this lease
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5 U rUff ES. 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 D
r/G ti. o 9y�
�j 1 - �„ �� of-oa.- f-H^-�yt_, A.t`��. h nF+e.,t! •h �i frc�.., /��, /1
Page 2 of 6
INGRESS AND EGRESS Lessor shall provide a right of mgress and egress to the demised
premises for the Lessee, its officers, employees and agents
ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10 ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection
12. RIGHT OF ENTRY Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law
13 SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport
14 TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee
15 NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control
17 LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events
A. The permanent abandonment of the Airport,
B The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C Issuance by any Court of competent jurisdiction of any injunction in any way preventing
or restricting the use of the Airport, and the remaining in force of such injunction for a
period of at least forty-five (45) days,
D The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the tight to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar
18 LESSOR'S RIGHT OF TERMINATION This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B Lessee shall make a general assignment for the benefit of creditors,
C Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D Lessee shall abandon the demised premises,
E Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Andy Hill
470 County Hwy 235
Benton, MO 63736
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,
administrator; and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first abovArwritten at Cape Girardeau, Missouri.
�4�APE G EAU, MISSOURI
fs,
ATTEST'
City Manager
Page 6 of 6
EXHIBIT "A"
CITY T -HANGARS #1 through 10
4
10
NORTH ------>
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this __W day of J/ I,i?e) by and between the City of
Cape Girardeau, Missouri, a Municipal Corporation, heremafterTcalled 'Lessor" and Whispering Oaks.
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 #as, 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: 37350 Year: A It
Make: Bonanza Model: A36
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: Year:
Make: Model:
Aircraft Chance 2: Date:
Registration Number: Year:
Make: Model:
2. TERM. This Agreement shall commence on and remain in effect for a
period of one (1) year. Thereafter, this Agreement shall continue in effect from month to month,
being automatically renewed after each month unless thirty (30) day written notice is given by
either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Sixty -Five
Dollars and no cents ($165.00) monthly
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 1'/x % 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 aviatio XBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTHXIIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7 MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law
13. SECURITY Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17 LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. Issuance by any Court of competent jurisdiction of any injunction in any way preventing
or restricting the use of the Airport, and the remaining in force of such injunction for a
period of at least forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Whispering Oaks, LLC
Attn: Shawn Price
203 N. B Street
Poplar Bluff, MO 63901
Page 5 of 6
20 PARTIES BOUND All of the terms, covenants and conditions herem contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns
c
p
baylefi Conrad
City Clerk
ATTEST
, parties here to have caused this agreement to be executed as of the day
1pe Girardeau, Missouri
CITY O1eAPE C;YRARDEAU, MISSOURI
City
LESSEE
Page 6 of 6
EXHIBIT "A
CITY T -HANGARS #1 through 10
NORTH ------->
10
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this 1— day of (I %D , by and between the City of
Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Ron Bohnert
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 #_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: 289RV Year:
Make: PIPER Model: CUB
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: Year:
Make: Model:
2. TERM. This Agreement shall commence on and remain in effect for a
period of one (1) year. Thereafter, this Agreement shall continue in effect from month to month,
being automatically renewed after each month unless thirty (30) day written notice is given by
either parry that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Sixty -Five
Dollars and no cents ($165.00) monthly
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a IYz % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7 MAINTENANCE AND REPAIR Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law
13. SECURITY Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17 LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. Issuance by any Court of competent jurisdiction of any injunction in any way preventing
or restricting the use of the Airport, and the remaining in force of such injunction for a
period of at least forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the tern 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: Ron Bohnert
432 Graystone
Whitewater, MO 63785
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.
it ill c Ii &':!/
Conrad
City Crerk
ATTEST.
the parties here to have caused this agreement to be executed as of the day
Cape Girardeau, Missouri.
CITY OF CSE GIRARDEAU, MISSOURI
Scott A. Meyer
City Manager
LESSEE
Page 6 of 6
EXHIBIT "A"
CITY T -HANGARS #1 through 10
NORTH
iu#
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this 10 day of (L > by and between the City of
Cape Girardeau, Missouri, a Municipal Corporation, hereinafter al�led "Lessor" and Bob Crader
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 #__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 described as:
Registration Number: 9796H Year:
Make: Cessna Model:
i98/
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 Chance 1. Date:
Registration Number:
Year -
Make:
Model:
Aircraft Change 2: Date:
Registration Number:
Year:
Make:
Model:
2. TERM. This Agreement shall commence on and remain in effect for a
period of one (1) year. Thereafter, this Agreement shall continue in effect from month to month,
being automatically renewed after each month unless thirty (30) day written notice is given by
either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Sixty -Five
Dollars and no cents ($165.00) monthly
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 1'/z % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
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.
ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11 ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law
13. SECURITY Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any tern or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17 LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. Issuance by any Court of competent jurisdiction of any injunction in any way preventing
or restricting the use of the Airport, and the remaining in force of such injunction for a
period of at least forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19 NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR. City Clerk
City Hall
401 Independence
P O Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Bob Crader
5218 Birk Lane
Cape Girardeau, MO 63701
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IR W1 i
le rj �C.n.d
Cre
ATTEST
parties here to have caused this agreement to be executed as of the day
pe Girardeau, Missouri.
CITY OF CSE G]JU RDEAU, MISSOURI
City
LESSEE
Page 6 of 6
EXHIBIT "A
CITY T -HANGARS #1 through 10
4
10
NORTH --------->
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this 10 day of <f' 2&5by and between the City of
Cape Girardeau, Missouri, a Municipal Corporation, hereinafter c lied "Lessor" and John Ellis
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 Ca a Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar #, 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: 687E Year:
Make: Vans Model: RV -8
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:
Year:
Make:
Model:
Aircraft Chanee 2: Date:
Registration Number:
Year:
Make:
Model:
2. TERM. This Agreement shall commence on and remain in effect for a
period of one (1) year. Thereafter, this Agreement shall continue in effect from month to month,
being automatically renewed after each month unless thirty (30) day written notice is given by
either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Sixty -Five
Dollars and no cents ($165.00) monthly
This rental amount shall be adjusted every five (5) years. For, each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct There will be a 1'/s % 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
violated, in addition to any other remedies provided in this lease
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor
5 UTH.ITIES. 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.
CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease
MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law
13. SECURITY Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17 LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. Issuance by any Court of competent jurisdiction of any injunction in any way preventing
or restricting the use of the Airport, and the remaining in force of such injunction for a
period of at least forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: John Ellis
323 High Street
Jackson, MO 63755
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
and year first above written at Cape Girardeau, Missouri.
ATTEST
rI
I _� �/ /� .) 1� •�
�,
ATTEST
CITY OFfefPE GYARDEAU, MISSOURI
City Manager
LESSEE
MIX
Page 6 of 6
EXHIBIT A
CITY T•HANGARS #1 through 10
NORTH ----->
10
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this day o ( ZD15 by and between the City of
Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Terry Irwin
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 #_ 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: 82657 Year:
Make: Aeronca Model:
1946
iiEi.M
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:
Year:
Make:
Model:
Aircraft Chanee 2: Date:
Registration Number:
Year:
Make:
Model:
2. TERM. This Agreement shall commence on and remain in effect for a
period of one (1) year. Thereafter, this Agreement shall continue in effect from month to month,
being automatically renewed after each month unless thirty (30) day written notice is given by
either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Sixty -Five
Dollars and no cents ($165.00) monthly
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 1'h % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTH.TITES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7 MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECIYON. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law
13. SECURITY Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17 LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Govemment, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. Issuance by any Court of competent jurisdiction of any injunction in any way preventing
or restricting the use of the Airport, and the remaining in force of such injunction for a
period of at least forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty(30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Terry Irwin
283 Shady Brook Drive
Gordonville, MO 63701
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day
Cape Girardeau, Missouri.
�&P,onrad
ATTEST -
CITY OF CPtPE C-MARDEAU. MISSOURI
Scott A.
City Ma
LESSEE
Page 6 of 6
EXHIBIT A
CITY T -HANGARS #1 through 10
4
10
NORTH ----->
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this 1— day of TLIV 2D)5by and between the City of
Cape Girardeau, Missoun, a Municipal Corporation, hereinafter called "Lessor" and Paul Clarke
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 #_�), as shown in Exhibit A, together with reasonably necessary
nghts of access across Lessor's adjoining area.
The aircraft which is to be stored by Lessee at this location is described as
Registration Number 9178L Year 1973
Make- Bellanca Model Decathlon 8kcab
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 Year -
Make Model
2 TERM This Agreement shall commence on and remain in effect for a
period of one (1) year Thereafter, this Agreement shall continue in effect from month to month,
being automatically renewed after each month unless thirty (30) day written notice is given by
either party that the Agreement should not be renewed
3 RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease Lessee agrees to pay Lessor One Hundred, Sixty -Five
Dollars and no cents ($165.00) 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 herem shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 1'/m % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTHITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
7 MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law
13. SECURITY Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17 LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a mariner 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 period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4of6
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: Paul Clarke
1319 N. Mount Auburn Rd
Cape Girardeau, MO 63701
Page 5 of 6
20. PARTIES BOUND. All of the terns, 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.
I
OC.. , / 7M,
9} . . .
Y/V IR I�11
:he parties here to have caused this agreement to be executed as of the day
Cape Girardeau, Missouri.
CITY OFRAPE MARDEAU, MISSOURI
City Manager
LESSEE
Page 6 of 6
EXHIBIT "A"
CITY T -HANGARS #1 through 10
5
7
i�
NORTH ---->
IA
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this 1Q_ day of TyW 2,015 , by and between the City of
Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Cape Wings ,
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 #_S__), 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: 833PB Year: I Q R tl
Make: Bonanza 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 Chanee 1. Date:
Registration Number: Year:
Make: Model:
Aircraft Chanee 2: Date:
Registration Number: Year:
Make: Model:
2. TERM. This Agreement shall commence on and remain in effect for a
period of one (1) year. Thereafter, this Agreement shall continue in effect from month to month,
being automatically renewed after each month unless thirty (30) day written notice is given by
either party that the Agreement should not be renewed.
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Sixty -Five
Dollars and no cents ($165.00) monthly
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a lrh % per month interest (18% per year)
charged on all past due accounts.
4. USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee. Absolutely no storage of any type automobile, recreational
vehicle, boat, other non -aviation related items or equipment is permitted in the hangar. Lessor
reserves the right to cease the provision of aviation/FBO services to the Lessee if this rule is
violated, in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
5. UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
MAINTENANCE AND REPAH2 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
INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents
ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager Such consent shall not be withheld without reasonable cause All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease
11. ANNUAL INSPECTION Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection
12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law
13. SECURITY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee
15 NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties
Page 3 of 6
16. INDEMPIIFICATION - 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 Pd witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17 LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. Issuance by any Court of competent jurisdiction of any injunction in any way preventing
or restricting the use of the Airport, and the remaining in force of such injunction for a
period of at least forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4of6
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: Cape Wings
2541 Saddlebrook Lane
Cape Girardeau, MO 63701
Page 5 of 6
20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be
binding upon and shall inure to the benefit of the parties, their successors, heirs, executors,
administrators and assigns.
the parties here to have caused this agreement to be executed as of the day
Cape Girardeau, Missouri.
ATTEST
CITY OF CAWGIRARDEAU. MISSOURI
Scott A. Meyer
City Manager
LESSEE ,r -
Page 6 of 6
EXHIBIT A
CITY T -HANGARS #1 through 10
4
10
NORTH ----->
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this day ofl(ttu M5 by and between the City of
Cape Girardeau, Missouri, a Municipal Corporation, hereinafter c lled "Lessor and ATLATL. 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 #_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: N2056S Year: 1975
Make: Cessna Model: 210
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: Year:
Make: Model:
an A �ry ohThi�
2. TERM. This Agreement shall commence on and remain in effect for aµme^�L das-S
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. r
3. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the term of this lease. Lessee agrees to pay Lessor One Hundred, Sixty -Five
Dollars and no cents ($165.00) monthly
This rental amount shall be adjusted every five (5) years. For each successive five (5) year period
during the remainder of this agreement, the rental amount shall equal the rental amount of the
preceding terms plus a percentage of said preceding rental amount for the successive five year (5)
period. The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager.
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 1'/z % 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
violated, in addition to any other remedies provided in this lease.
Lessee is prohibited from storing any fuel or petroleum products upon the leased premises, except
those necessary for minor maintenance. No waste or petroleum materials shall be spilled or in any
way contaminate the Airport premises or property adjacent to the Airport through activities of the
Lessee. The Lessee shall be responsible for cleanup, containment, and abatement of such spill or
contamination at Lessee's sole cost and expense. Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence. Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee.
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager. This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography Lessee shall not use or permit' the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor.
UTILITIES. Lessor shall assume and pay for all costs and charges for utility services furnished
as a part of Lessee's rent. Lessor reserves the right to limit the use of utilities should Lessee's use
of utilities become excessive.
6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and
labor to provide all necessary janitorial and custodial services, and to maintain the premises in a
clean, safe, orderly and sanitary condition. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused
by its operations under this lease.
MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms.
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations.
Page 2 of 6
8 INGRESS AND EGRESS Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents
ALTERATIONS AND IMPROVEMENTS Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager Such consent shall not be withheld without reasonable cause All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement
10 ASSIGNMENT AND SUBLEASE Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease
11 ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12 RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law
13 SECURITY Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable auport 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 pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee
15 NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17 LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. Issuance by any Court of competent jurisdiction of any injunction in any way preventing
or restricting the use of the Airport, and the remaining in force of such injunction for a
period of at least forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations' in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19 NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR. City Clerk
City Hall
401 Independence
P O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE. Phil Penzel
377 Green Meadows
Jackson, MO 63755
Page 5 of 6
I
20 PARTIES BOUND All of the terms, covenants and conditions herein contained shall be
binding upon and shall mure 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
ff 123, XzW
1
ATTEST
CITY OF C4?t GIIZARDEAU. MISSOURI
City Manager
UNI
LESSEE
I� C , r��
Page 6 of 6
T -HANGAR LEASE AGREEMENT
This Agreement made and entered into this —L()-- day of�U� by and between the City of
Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Concord
Publishing House. Inc. , hereinafter referred to as "Lessee"
For and in consideration of the mutual covenants, terms and conditions contained herein, the parties agree
as follows
1 PREMISES. Lessor hereby leases to Lessee the following described property
T -Hangar located at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri,
designated as T -Hangar #_19 O J, 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- 838EB Year:
Make- Bonanza Model G36
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 -
Registration Number- Year.
Make. Model
Aircraft Chance 2- Date -
Registration Number Year:
Make Model
2. TERM. This Agreement shall commence on 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 wntten notice is given by
either party that the Agreement should not be renewed
3 RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental
amount as hereinafter provided, said amount being due and payable on or before the 10th day of
each month during the tern of this lease Lessee agrees to pay Lessor One Hundred, Sixty -Five
Dollars and no cents ($165.00) 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)
penod The percentage referenced herein shall be the percentage increase in the Consumer Price
Page 1 of 6
Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to
exceed three (3) percent per year, unless a lower percentage is determined by the Airport
Manager
All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at
such other place as Lessor may direct. There will be a 1'h % per month interest (18% per year)
charged on all past due accounts
4 USE OF THE PREMISES. The T -Hangar hereby leased shall be used only for the storage of
aircraft owned or leased by Lessee Absolutely no storage of any type automobile, recreational
vehicle, boat, other non aviation related items or equipment is permitted in the hangar. Lessor
reserves the neht to cease the provision of aviatiowFBO services to the Lessee if this Wile is
violated, in addition to any other remedies provided in this lease
Lessee is prohibited from storing any fuel or petroleum products upon the leased prermses, 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
contammation at Lessee's sole cost and expense Further, Lessee shall immediately notify the
Airport Manager and appropriate governmental agency of such an occurrence Should the Lessee
fail to do so, the Lessor may take any reasonable and appropriate action in the Lessee's stead.
The cost of such remedial action by the Lessor shall be paid by the Lessee
No maintenance of the stored aircraft shall be conducted in the T -Hangar, except such minor
maintenance as would normally be performed by an aircraft owner without the benefit of an
aircraft mechanic. Lessee further agrees that no commercial aviation activities will be conducted
on Lessor's premises without the express written approval of the Airport Manager This includes,
but is not limited to aircraft rental, charter, leasing, flight instruction, maintenance, and aerial
survey/photography Lessee shall not use or permit the use of all or any portion of the leased
premises in any other manner than herein set forth, without the prior written consent of Lessor
5. UTIIdTIES. 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. MAIN UNANCE AND REPAIR, Lessee shall at its sole cost and expense, keep and maintain
the demised premises in first class condition, which condition shall at all times be based on a
standard of care reflecting prudent property management, reasonable wear and tear excepted.
Lessor will maintain the structural components of the T -Hangar, including doors and door
mechanisms
Lessee shall be responsible and liable for any damage to the T -Hangar caused by Lessee's use,
including, but not limited to, bent or broken interior walls, damage to unsealed floors due to fuel,
oil spillage, doors damaged due to Lessee's improper or negligent operations
Page 2of6
8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised
premises for the Lessee, its officers, employees and agents.
9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions,
repairs, replacements, or improvements upon the lease premises without the prior written consent
of the Airport Manager. Such consent shall not be withheld without reasonable cause. All
alterations, additions, repairs, replacements, and improvements shall be, and will remain the
property of Lessor and will be surrendered with the leased premises as part thereof upon
termination of this Lease Agreement.
10. ASSIGNMENT AND SUBLEASE. Lessee shall not assign or sublease this T -Hangar without
the express written approval of the Airport Manager. In the event that Lessee does receive
written approval to assign or sublease this T -Hangar, the Lessee shall remain liable to Lessor for
the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for
herein upon failure of the assignee or sub -lessee to pay the same when due. Storage of aircraft
not belonging to, or leased by Lessee, shall be construed as a sublease and, unless approved in
writing by the Airport Manager, shall be grounds for termination of this lease.
11. ANNUAL INSPECTION. Lessee's aircraft shall be in annual or progressive inspection and
license, not more than ninety (90) days from required date. Upon request of the Airport Manager,
Lessee shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or
proof of annual inspection.
12. RIGHT OF ENTRY Lessor shall have at all reasonable times during business hours, the full
and unrestricted right to enter the leased premises for the purpose of inspection, and for the
purpose of doing any and all things which it is obligated or has a right to do under this agreement
or by law
13. SECURITY Lessee agrees to abide by and cooperate with Lessor in the enforcement and
implementation of applicable airport security regulations and measures as prescribed by the
Department of Homeland Security/Transportation Security Administration, and the Cape
Girardeau Regional Airport.
14. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment,
merchandise or other personal property owned or used by Lessee located on the demised
premises. Additionally, Lessee understands and agrees that Lessor may be required to provide
information to federal and state government inquiries regarding Lessee's property known to be
stored by Lessee.
15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or
more instances, on a strict performance of any of the terms or the conditions of this Lease, or to
exercise any right herein contained, shall not be construed as a future waiver or a relinquishment
of the provisions or right, but the same shall continue and remain in full force and effect. The
receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not
be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at
some time consent to an assignment of this Lease or to a sublease of the whole or any part of the
demised premises, no further assignment and no further sublease shall be made without the
express consent in writing by the Airport Manager. None of the terms or conditions of this Lease
shall be altered, waived, or modified in any manner except by written instrument executed by
both parties.
Page 3 of 6
16. INDEMNIFICATION - Lessee shall indemnify and hold harmless and defend the Lessor, its
officers, agents and employees from and against any and all claims, demands, damage, loss or
liability of any kind or nature, costs or expenses, including attorney's fees and witness costs
which may be asserted by any person or persons for or on account of any injuries or death or
damages to property sustained because of or arising out of activities of Lessee, its officers, agents
or employees provided for herein, whether or not there is concurrent active or passive negligence
on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct
of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss,
injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond
Lessor's control.
17 LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
A. The permanent abandonment of the Airport,
B. The lawful assumption by the United States Government, or any authorized agency
thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in
such a manner as to substantially restrict Lessee's use of the premises for a period of
forty-five (45) days.
C. Issuance by any Court of competent jurisdiction of any injunction in any way preventing
or restricting the use of the Airport, and the remaining in force of such injunction for a
period of at least forty-five (45) days,
D. The default by Lessor in the performance of any covenant or agreement herein required
to be performed by Lessor, and the failure of Lessor to remedy such default for a period
of thirty (30) days after receipt from Lessee of written notice to remedy said default.
E. Lessee relocates, sells, or in any way loses the aircraft referred to herein, above.
Lessee may exercise the right of termination by written notice to Lessor at any time within thirty
(30) days after any of the events mentioned in the preceding subparagraphs (A) through (E)
above.
In the event Lessee is delinquent in rental payment(s) to Lessor in excess of sixty (60) days,
Lessee understands and agrees that Lessor has the right to change the lock on the hangar and hold
property of the Lessee until which time total delinquent rental and fee amounts due are paid in
full to the Lessor. After such payments are received by Lessee, the Lessor shall have until the
end of the next business day to provide access of Lessee's T -Hangar.
18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor
upon the happening of any one or more of the following events:
A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the
time such payment shall be due,
B. Lessee shall make a general assignment for the benefit of creditors,
C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in
bankruptcy, provided such petition whether voluntary or involuntary shall not be
dismissed within fifteen (15) days after it is filed,
D. Lessee shall abandon the demised premises,
E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, except for
Page 4 of 6
normal absence, such as an extended flight, aircraft repairs, replacement, etc.
F Lessee shall default in the performance of any of the other covenants, agreements and
conditions required to be kept and performed by Lessee, and such default continue for a
period of thirty (30) days after receipt of written notice from Lessor of said default.
G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and
Regulations" in effect at any time during the term of this lease.
Lessor may exercise the right of termination provided for herein by written notice to Lessee of its
intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.
In the event of termination Lessor may take possession of the demised premises upon the
effective date of said termination. Default under this lease shall entitle Lessor to declare all
remaining installments or rentals to be due and payable immediately, and in the event Lessor shall
take possession of the demised premises, it may relet the same upon such terms and conditions as
it shall deem appropriate, and any deficiency in the rental payments shall be and remain the
obligation of the Lessee.
19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease
agreement shall be deemed validly given, served and delivered upon deposit in the United States
Mail, registered and with proper postage and registration fee prepaid, addressed as follows:
LESSOR: City Clerk
City Hall
401 Independence
P O. Box 617
Cape Girardeau, Missouri 63702-0617
LESSEE: Concord Publishing House, Inc.
Attn: Bob Kinder
P.O. Box 699
Cape Girardeau, M063702
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.
AD
Gayle Conrad
City Clerk
ATrEST-
the parties here to have caused this agreement to be executed as of the day
t Cape Girardeau, Missouri.
CITY OF WE GUMRDEAU, MISSOURI
A.
City
LESSEE
7 �x �4--?-
Page 6 of 6
EXHIBIT A
CITY T -HANGARS #1 through 10
NORTH --- --->
10