HomeMy WebLinkAboutRES.1526.12-06-1999BILL NO. 99-278
RESOLUTION NO. S a( -p
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AIRPORT
GROUND LEASE, WITH DAVID JOHNSON
AND RICK GRIFFITH D/B/A D & R
PILOTS, FOR A HANGAR 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 an
Airport Ground Lease, with David Johnson and Rick Griffith d/b/a
D & R Pilots, for a hangar at the Cape Girardeau Regional
Airport. A copy of said Lease is attached to this Resolution and
made a part hereof.
PASSED AND ADOPTED THIS DAY OF 19��_.
AIRPORT GROUND LEASE
This Agreement, made and entered into this -] r day of DCCUIL6 r" , 19 j , by and
between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called
"Lessor" and David Johnson and Rick Griffith d/b/a D & R Pilots, hereinafter referred to as
"Lessee".
For and in consideration of the mutual covenants, terms and conditions contained herein,
the parties agree as follows:
SECTION 1. PREMISES.
Lessor hereby leases to Lessee the following described property:
A tract of land situated in the Northeast Quarter of Section 35 and in the Northwest
Quarter of Section 36, all in Township 30 North, Range 13 East in Scott County,
Missouri described as follows:
Commence at a found Concrete Monument at the Southeast Corner of Section 35,
Township 30 North, Range 13 East, North 00012'31" East, 4439.82 feet to the
Point of Beginning; thence North 83131'35" West, 19.64 feet; thence North
00059'15" West, 115.30 feet; thence South 89005'40" East, 83.57 feet; thence
South 00154'20" West, 119.00 feet; thence North 89105'40" West, 41.13 feet;
thence North 83031'35" West, 19.18 feet to the Point of Beginning. Containing
9,639 square feet, more or less.
SECTION 2. TERM.
The original term of this agreement shall be Twenty (20) years and shall commence on the
L_ day of �r,u,r,� Zco-c-� ,-4 999 and shall expire on the 31,+ day of ,
2019. Lessee shall have the option to renew this lease on the same terms and conditions for three
(3) additional terms of five (5) years each by serving written notice of its election to renew upon
the Lessor at least ninety (90) days prior to the expiration of the original term. If the three (3)
five (5) year options are exercised and upon its expiration, Lessee shall then have the option of
negotiating with Lessor for a separate and new lease for the premises.
SECTION 3. RENTAL.
Lessee shall pay Lessor monthly the rental amount as hereinafter provided, on or before
the 10th day of each month during the term of this lease.
For the first five (5) years of the term of this lease the monthly rental amount shall be
Sixty-four dollars and twenty-six cents ($ 64.26) which is the product of $.08 per square foot
times the number of square feet leased herein (9,639 square feet) divided by twelve (12).
For each successive five (5) year period during the remainder of this agreement, the rental
amount shall equal the rental amount for the preceding twelve (12) month period plus a percentage
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9
of said preceding rental amount.
The percentage referenced herein shall be the percentage increase in the Consumer Price
Index for the preceding five (5) year period, not to exceed three (3) percent per year.
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.
SECTION 4. USE OF THE PREMISES.
The premises are to be used for the purpose of constructing and maintaining a hangar for
Lessee's airplanes. 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.
Lessee further agrees to comply with all Rules and Regulations set out by the Cape
Girardeau Regional Airport.
SECTION 5. UTILITIES.
Lessee shall assume and pay for all costs and charges for utility services furnished to
Lessee during the term of this lease, and Lessee shall have the right to connect to any and all
storm and sanitary sewers and water and utility outlets at its own cost and expense, and Lessee
shall pay for any and all service charges incurred therefor.
SECTION 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.
SECTION 7. MAINTENANCE AND REPAIR.
Lessee shall at its sole cost and expense, keep and maintain the demised premises, all
improvements, additions or alterations thereto, equipment and landscaping constructed or installed
by Lessee upon 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.
SECTION 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.
SECTION 9. IMPROVEMENTS.
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In the event Lessee desires to construct buildings or facilities on the demised premises,
Lessee shall submit to Lessor, final plans, specifications and architectural renderings prepared by
registered architects and engineers. Lessee shall hold the Lessor harmless and reimburse it for
any and all expenses of any nature whatsoever arising out of any claim from said improvements.
Lessee agrees not to construct any buildings or facilities on the demised premises without prior
written consent of Lessor, however such approval shall not be unreasonably withheld. Lessee
shall keep the real estate leased hereunder free and clear of any and all liens or encumbrances of
any kind in any way arising out of any such construction.
In the event any buildings or facilities are constructed upon the premises, Lessee shall
purchase and maintain insurance on said buildings or facilities against damage or loss by fire or
risk of a similar nature which are on or shall be customarily covered under standard policies of
fire insurance having standard extended coverage endorsements.
In the event any buildings or facilities constructed upon the demised premises are totally
destroyed by fire or other casualty loss, Lessee shall have the option of either restoring the
buildings or facilities and continuing under the terms of this lease, or terminating this lease as
hereinafter provided.
At the termination of this lease for any reason, except as hereinbefore provided, Lessor
may retain as its sole property all real property improvements which have been constructed by
Lessee, or may require Lessee to remove said improvements and restore the land substantially to
its original condition, all at Lessee's expense. Upon termination of this lease, Lessee shall
remove all personal property from the demised premises, within thirty (30) days, and if Lessee
fails to remove said personal property within that time, said property shall be forfeited to Lessor
and may be removed by Lessor at Lessee's expense. Further, upon termination of this lease for
any reason, Lessor shall have a lien upon and against all of Lessee's property, real and personal,
and located on the lease premises, for any sums due Lessor from Lessee.
SECTION 10. 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.
SECTION 11. 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.
SECTION 12. REHABILITATION ACT REQUIREMENTS.
Lessee shall operate and maintain its facilities in accordance with the requirements of
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that no qualified
handicapped person shall, solely by reason of his or her handicap, be excluded from participation
in, be denied the benefits of, or otherwise be subject to discrimination, including discrimination
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in employment under any program or activity that receives funds or benefits from a Federal Grant.
Lessee further assures that it shall comply with the requirements imposed by or pursuant to 49
C.F.R., Part 27.
SECTION 13. NON DISCRIMINATION
Lessee shall not, on the grounds of race, color, creed 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 in the use of the leased premises. Lessor reserves the right to take such action
as the United States Government may direct to enforce this covenant.
The Lessee assures that it will undertake an affirmative action program as required by 14
CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color,
national origin, or sex be excluded from participating in any employment activities covered by 14
CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on the grounds
from participating in or receiving the services or benefits of any program or activity covered by
this subpart. The Lessee assures that it will require that its covered suborganizations provide
assurances to the Lessee that they similarly will undertake affirmative action programs and that
they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart
E., to the same effect.
It is understood and agreed that nothing herein contained shall be construed to grant or
authorize the granting of an exclusive right within the meaning of Section 308 of the Federal
Aviation Act of 1958.
Lessee agrees to furnish service on a fair, equal and not unjustly discriminatory basis to
all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each
unit or service; PROVIDED, that Lessee may make reasonable and nondiscriminatory discounts,
rebates, or other similar types of price reductions to volume purchasers.
SECTION 14. ASSIGNMENT AND SUBLEASE.
Lessee shall have the right, with the prior written consent of Lessor, to assign this lease,
or to sublease any portion of the demised premises, but in such event Lessee shall remain liable
to Lessor for the remainder of the term of the lease to pay to Lessor any portion of the rent and
fees provided for herein upon failure of the assignee or sublessee to pay the same when due. Said
assignee or sublessee shall not assign or sublease without the prior written consent of Lessor and
Lessee. Any such assignment by Lessee shall contain a clause to this effect. Lessee hereby
agrees that any sublease or assignment shall be solely for the purpose of conducting a business of
the same general nature and purposes as specified herein.
SECTION 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,
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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 Lessor. 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.
SECTION 16. INDEMNIFICATION.
Lessee agrees to indemnify, defend and hold harmless the Lessor from all claims, actions,
suits, and demands because of bodily injury, including death, and because of damages to property
or losses which may arise out of or result from Lessee's operations or use of the demised premises
whether such operations or use are by Lessee, its agent, employee or anyone directly or indirectly
employed by Lessee. Lessee shall procure and maintain in effect for the term of this Agreement,
liability insurance in an amount not less than $100,000.00 for one person and $1,000,000.00 for
any one occurrence involving injury, including death, to more than one person, with property
damage insurance of not less than $100,000.00 for any one occurrence. In addition, Lessee shall
procure hangar keepers liability insurance for aircraft in custody of Lessee on the demised
premises. If, however, the State of Missouri raises the liability limits for municipalities contained
in Section 537.600 et seq., revised statutes of Missouri, or elsewhere, Lessee shall increase its
liability insurance to an amount equal to those increased liability limits.
SECTION 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.
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 (D)
above.
SECTION 18. LESSOR'S RIGHT OF TERMINATION.
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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,
E. 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.
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.
SECTION 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: D & R Pilots
P. O. Box 800
Cape Girardeau, MO 63702
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SECTION 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 Capegirardca4, Missouri.
CITY OFC E GIRARDEAU, MISSOURI
ATTEST:
'� L L 6;;") com-oj IV
Gayle Conrad, City Clerk
ATTEST:
SALLY M STRICKLAND
NOTARY PUBLIC STATE OF MISSOURI
CAPE GIRARDEAU COUNTY
MY COMMISSION EXP. DEC. 2,2001
ichael G. Miller, City Manager
LESSEE
• " 6117 1
Rick Griffith
David Johnson
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Airport
Lease Sketch
S89°05'40'E
83.57'
11.97'
D E S C R I P T 1 0 N
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A tract of land situated in the Northeast Quarter of Section 35 and in the
a
Northwest Quarter of Section 36, all in Township 30 North, Range 13
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East in Scott County, Missouri described as follows:
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Commence at a found Concrete Monument at the Southeast Corner of
3
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Section 35, Township 30 North, Range 13 East, North 00'12'31"
3
East, 4439.82 feet to the Point of Beginning; thence North 83'
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31'35" West, 19.64 feet; thence North 00°59'15" West, 115.30 feet;
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thence South 89'05 40 East, 83.57 feet; thence South 00'
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West, 119.00 feet; thence North 89'05'40" West, 41.13 feet;
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thence North 83°31'35" West, 19.18 feet to the Point of Beginning.
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Containing 9,639 square feet, more or less.
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NANCY L.BROWNE THE LIMBAUGH FIRM
JOHN W.GRIMM ATTORNEYS AT LAW
LUCAS M.HALEY EST. 1916
JOHN D.HARDING
DIANE C.HOWARD
R.MICHAEL HOWARD November 26, 2024
JEFFREY J KOCH
DAVID S.LIMBAUGH
STEPHEN N.LIMBAUGH,SR. VIA CERTIFIED MAIL-#7022 0410 0002 7561 4685
J.MICHAEL PAYNE
City Clerk
CURTIS 0.POORE
City Hall
GRETTA G.RotwING 401 Independence
DANIEL A.SCHUENEMEYER
P.O. Box 617
CHRISTOPHER B.SIDES Cape Girardeau, MO 63702-0617
JOHN C STEI'I'ENS
Re: Written Notice of Lease Extension
Airport Ground Lease dated December 7, 1999
RUSH H.LIMBAUGH f=
1891-1996
Notice to Exercise Options
RUSH H.LIMBAUGH,JR.
1918-1990
Please be advised that our firm represents Rick Griffith d/b/a D & R
JOSEPH J.RUSSELL Pilots. Mr. Griffith hereby exercises the second of his three 5-year options under
1923-2006
that certain Airport Ground Lease dated the 7th day of December, 1999,
between David Johnson and Rick Griffith d/b/a D & R Pilots, Lessee, and the
407 N.KINGSHIGHWAY City of Cape Girardeau as Lessor, a copy of which is enclosed. This shall extend
SUITE400 the lease until December 31, 2029 and leave Mr. Griffith with one(1) remaining
cP.OE.BooxARD50 5-year option left to be exercised if he wishes to do so.
MISSOURI
63702-1150 If you have any questions or concerns, please contact me immediately.
TELEPHONE
(573)335-3316 Very truly yours,
FACSIMILE
(573)335-0621 THE LIMBAUGH FIRM F.
i-
www.limbaughlaw.com C'-✓
michaelh@hmbaughlaw.com By
. Michael Ho -.ard
RMH/bj s
OVER,. Enclosure
cc: Rick Griffith
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