HomeMy WebLinkAboutRes.3284.09-16-2019 BILL NO. 19-144 RESOLUTION NO. 3aOl
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE HANGAR
FACILITY LEASE AGREEMENT WITH DSW DEVELOPMENT
CORPORATION, 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
Amendment No. 1 to the Hangar Facility Lease Agreement with DSW
Development Corporation, at the Cape Girardeau Regional Airport,
in the City of Cape Girardeau, Missouri . The Agreement shall be
in substantially the form attached hereto, 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 APPROVED THIS 16th DAY OF September, 2019.
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Bob Fox, Mayor
ATTEST: -�
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Gayle tip . Conrad, City Clerk = \c�'� -
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AMENDMENT#1 TO AIRPORT LEASE AGREEMENT
THIS AMENDMENT AMENDMENT #1 TO THE AIRPORT LEASE AGREEMENT ("Amendment") is made oP�
effective this tayGl®'1 , 2019 ("Effective Date"), by and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, ("Lessor") and DSW Development Corporation, a Missouri
corporation, ("Lessee").
A. Lessor and Lessee entered into that certain Lease Agreement dated June 19, 2006 (the
"Lease") for those certain Premises owned by the City of Cape Girardeau, Missouri located at the
Cape Girardeau Regional Airport in Scott County, Missouri, as more particularly described in the
Lease.
B. Lessor and Lessee have mutually agreed to modify the Lease effective as of the
Effective Date, to (a) adjust the acreage defined as the Premises, (b) revise Lessee's right of termination,
and(c)memorialize their agreement herein.
Intending to be legally bound, Lessor and Lessee agree as follows:
1. Adjustment to Premises. The Premises leased to Lessee is hereby amended to exclude .22 acres
(9,538 square feet) from the .54 acres (23,522 square feet) in the Lease (the "Excluded
Premises"). The Excluded Premises are more particularly identified in Exhibit A and
incorporated herein by reference. Lessee is hereby released of any and all obligations and
covenants contained in the Lease regarding the Excluded Premises.
2. Lessee's Right of Termination. The Term of the Lease shall be immediately terminable upon Lessee
providing Lessor thirty (30) days' written notice of its intent to terminate ("Lessee's Notice"). Upon
delivery of Lessee's Notice, Lessee shall be released of any and all obligations and covenants contained
in the Lease and/or this Amendment.
3. No Other Modifications. Lessor and Lessee hereby agree that, except as solely as hereinabove
modified, changed and amended, that the terms, conditions, and provisions of the Lease dated
June 19, 2006 shall apply to and govern the conduct of the parties. Capitalized terms used but not
defined herein shall have the meaning prescribed to such terms in the Original Lease.
4. Counterpart Copies, This Agreement may be executed and delivered by facsimile signature or
electronic transmission (PDF file), and in more than one counterpart, each of which shall be
deemed an original, and all of which together shall constitute one and the same instrument.
In Witness Whereof, the parties have executed this Amendment of Lease Agreement as of the
Effective Date.
LESSOR: LESSEE:
CITY O• APE ' IRARDEAU DSW De elopment Corporation
B . -- �, Bye1 . .: ir.
Name: .1111111i Name: Larry J. Westri•4
\PIts; , A Its: Sr. Vice President
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ENGINEERING & SURVEYING, P.C. CAPE GIRARDEAU
Engineering Corporation Land Surveying Corporation REGIONAL AIRPORT
MO State Cert.of Authority#000383 MO State Cert.of Authority#000166 JOB NO: E 19-030 DATE: 07/19/2019 SHEET: 1 OF 1