HomeMy WebLinkAboutRES.1444.03-15-1999BILL NO. 99-70
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A T -HANGAR RENTAL AGREEMENT WITH ROY
HALBERT 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 a T -
Hangar Rental Agreement with Roy Halbert, at the Cape Girardeau
Regional Airport. A copy of said Agreement is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS ` ,(� DAY OF j'�,G(1,0,l( 1; ,
19
C6-�
A. Spr dling, III, a or
ATTEST:
Y
Cape Girardeau Regional Airport
T -HANGAR RENTAL AGREEMENT
This Rental Agreement made and entered into this ;-? i;, day of 1)7Q I MJ , 19 T CI , by
and between the City of Cape Girardeau, Missouri, a Municipal corporation, hereinafter referred to as
"Landlord", and Roy Halbert hereinafter referred to as "Tenant".
In consideration of the rent to be paid by Tenant to Landlord and in further consideration of the mutual
promises and conditions herein contained, Landlord and Tenant do hereby make and enter into the following
agreements:
Landlord agrees to provide to the Tenant a certain portion of the T -hangar located at the Cape
Girardeau Municipal Airport. This location will be used by the Tenant for the sole purpose of
personal aircraft storage. This location is shown as Location #8 on a map illustrated as Exhibit
A attached hereto and incorporated herein by reference.
2. This Lease Agreement shall continue for a period of one (1) year beginning k 1, 1999
unless terminated as herein provided. The parties agree that this Lease Agreement is renewable
after the initial term subject to negotiations between the parties.
3. Tenant agrees to pay the sum of One Hundred Fifty Dollars ($150.00) per month to Landlord
in exchange for the right to access and use the T -hangar locations denominated on Exhibit A.
Payment shall be made by the 10th day of the month via U.S. Postal Service or in person to the
Finance Department for the City of Cape Girardeau, Missouri; 401 Independence; P. O. Box
617, Cape Girardeau, Missouri 63702-0617.
4. Tenant agrees that the demised premises will not be used for any type of commercial operation
as defined in the Minimum Operating Standards for the Cape Girardeau Regional Airport, nor
will it be used for the storage of any type of hazardous materials such as fuels or chemicals. The
usage of the demised prernises will be limited to the storage of personal or corporate aircraft
only.
5. This Agreement is binding upon the heirs, executors and assigns of the parties. The parties agree
that Tenant may not assign its interest in this contract, or sublease any portion of the demised
premises, without the express written permission of the Landlord. The Tenant shall have the
right to terminate this lease upon thirty (30) day prior notice in writing to the Landlord stating
the desire to terminate.
6. Landlord may terminate this contract upon thirty (30) days written notice to the Tenant in the
event that Tenant fails to make payments as agreed herein in a timely fashion and in the event
that Tenant fails to comply with any law, provision or requirements of the City of Cape
Girardeau, the State of Missouri, or the United States Government or any agency thereof
pertaining to the use and operation of said airport or in the event that Tenant makes any
assignment for the benefit of creditors or is adjudged a bankrupt. In the event that Landlord
elects to terminate this contract under this provision and Landlord provides said thirty (30) days
written notice, then in that event Tenant shall, within thirty (30) days after receipt of said notice,
remove its personal property. If Tenant fails or refuses to remove said personal property within
the time allotted, then in that event the Landlord shall have the right to remove same and retake
possession of the premises, and Tenant agrees to compensate Landlord for any expense incurred
by Landlord in removal of said personal property in question.
7. Tenant shall keep and hold harmless Landlord, its employees, agents, servants and assigns from
and against any and all claims, demands, suits, judgments, costs and expenses asserted by any
person or persons, including agents or employees of Tenant by reason of death or injury to
persons or loss or damage to property resulting from Tenant's use of the facility, or as a result
of anything claimed to be done or omitted to be done by Tenant, his agents or employees
hereunder.
8. In the event that the United States Government or any of its agencies shall occupy the airport or
any substantial part thereof to such an extent as to materially interfere with Tenant's use of the
property as set out on Exhibit A or in the event of destruction by fire or other cause, all or a
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material portion of the airport or airport facility, or if Tenant's operation and use of the space
provided shall for any reason be materially interfered with for a period of fifteen (15) days, then
and in any of these events, Tenant shall have the right, upon written notice to Landlord, to
terminate this Agreement, and Tenant's further obligation hereunder shall cease.
9. Tenant will not, on the grounds of race, color or national origin, discriminate or permit
discrimination against any person or group of persons in any manner prohibited by Title VI of
the Civil Rights Act of 1964 and Part 21 of the Regulations of the Office of the Secretary of
Transportation. Landlord reserves the right to take such action as the United States Government
may direct to enforce this covenant.
LANDLORD:
CITY OF CAPE GIRARDEAU, MISSOURI
ATTEST:
TENANT:
Roy Halbert
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EXHIBIT A
T 1 1 n Nor- n n i n pini 1-7