HomeMy WebLinkAboutRES.1533.12-06-1999RESOLUTION NO. 5-33
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE WITH WEB
AERO, INC. , FOR A HANGAR AND LAND,
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
Lease with Web Aero, Inc., a Missouri Corporation, for a hangar
and land 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 Leca ,. 19�.
A. f4. Spradling, III, 1�a)yor
Gayle) L. Conrad,, City Clerk
LEASE
THIS LEASE made this day of , 1999, between the
City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and
WEB Aero, Inc., a Missouri Corporation, hereinafter called "Lessee",
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE
PARTIES AGREE AS FOLLOWS:
SECTION 1. PREMISES.
Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to take under
the terms and conditions set out in this Lease Agreement, the following described property
including one (1) building located thereon, which real estate is owned by the City of Cape
Girardeau, Missouri and located at the City's Regional Airport in Scott County, Missouri:
A tract of land situated in the Northwest Quarter of Section 36, 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; thence
South 83031'35" East, 19.18 feet; thence South 89105'40" East, 41.13 feet to the
Point of Beginning; thence North 00054'20" East, 119.00 feet; thence South
89105'40" East, 156.03 feet; thence South 00158'20" West, 119.00 feet; thence
North 89005'40" West, 155.89 feet to the Point of Beginning. Containing 18,559
square feet, more or less.
SECTION 2. TERM.
The original term of this Lease shall be for two (2) years, and shall commence on
and shall expire on the day of
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Lessee shall have the option to renew this lease at the end of this term upon the
renegotiations of the lease payments for an additional term of five (5) years.
SECTION 3. RENTAL.
Lessee shall pay to Lessor the sum of three hundred forty-five dollars ($345.00) per
month for the initial term of this lease.
Rental rates during the renewal period shall be four hundred forty-four dollars and
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eighty cents ($444.80) which is the product of $.06 per square foot times the number of
square feet of land leased herein (18,559 square feet) divided by twelve (12) or ninety-two
dollars and eighty cents ($92.80), plus the product of $1.10 per square feet building space
leased herein (3,840 square feet) divided by twelve (12) or three hundred fifty-two dollars
($352.00).
All rental payments shall be made within ten (10) days after the last day of the
month for which the rent is due.
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 maintaining and renovating aircraft.
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.
SECTION 5. UTILITIES.
Lessee shall assume and pay for all costs and charges for utilities services
furnished to Lessee during the term of this lease. Lessee shall provide a complete and
proper arrangement for the adequate sanitary handling and disposal of all trash and other
refuse caused by the operation of its business.
Lessor shall, at its sole cost and expense, keep and maintain the building, its
fixtures and appurtenances. Lessee shall, at its sole cost and expense, keep and maintain
all improvements, additions or alterations thereto, equipment and landscaping constructed
or installed by the 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 6. NONDISCRIMINATION.
Lessee 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. Lessor reserves the right to take such action as the United
States Government may direct to enforce this covenant. 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 the services provided.
SECTION 7. INDEMNITY.
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Lessee agrees to indemnify, defend and hold harmless the Lessor from claims,
demands, actions and suits of every kind because of bodily injury, including death, and
property damage with may arise both out of and during this contract whether such
operations be by Lessee, Sub -lessee, agent, employee or anyone directly or indirectly
acting on behalf of Lessee.
SECTION 8. INSURANCE.
Lessee shall procure and maintain in effect for the term of this lease agreement,
liability insurance in an amount not less than $300,000.00 for one person and
$2,000,000.00 for any one accident involving injury, including death or property damage,
to more than one person. In addition, Lessee shall procure products liability insurance with
limits of not less than $300,000.00 for any one person and $2,000,000.00 for any one
accident involving injury, including death, for more than one person. In addition, Lessee
shall procure hangar keepers liability insurance for aircraft in custody of lessee on the
demised premises.
Both parties may, at their respective options, purchase and keep in effect, insurance
on the facility against damage or loss occasioned by fire or other casualty.
Lessee shall purchase and maintain Hangar keepers Liability Insurance for aircraft
contained on the premises.
Certified copies of each policy or a certificate evidencing the existence of the
insurance specified herein and naming Lessor as an additional insured on the enumerated
insurance policies shall be delivered to Lessor within then (10) days after the execution of
this Lease.
If during the term of this lease the premises including the buildings thereon at the
commencement of this lease are totally destroyed for any cause, by fire or other casualty,
this lease shall become void at Lessee's option. In no case shall Lessor be obligated to
rebuild or restore the demised premises or any building or portion thereof which may be
destroyed or damaged.
SECTION 9. TERMINATION.
A. In addition to the methods of termination provided for herein, the Lessee shall
have the right to terminate this lease upon the happening of one or more of the following
events:
1. The permanent abandonment of the airport.
2. The lawful assumption by the United States Government, or any authorized
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agency thereof, of the operation, control or use of the airport, or any
substantial pert thereof, in such a manner as to substantially restrict Lessee
for a period of forty-five (45) days from operating its business thereon.
3. 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.
4. The default of 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 expiration periods mentioned
in the preceding paragraph. 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 of Cape Girardeau
City Hall
4011ndependence
Cape Girardeau, Missouri 63703
LESSEE WEB Aero, Inc.
125 Court Street
Jackson, Missouri 63755
Any and all rentals due shall be payable only to the date of termination.
B. This lease shall be subject to termination by Lessor upon the happening of
any one or more of the following events:
1. Lessee shall be in arrears in the payment of rent for a period of thirty (30)
days after the time such payments shall be due.
2. Lessee shall make a general assignment for the benefit of creditors.
3. 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.
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4. Lessee shall abandon the demised premises.
5. Lessee shall default in the performance of any of the covenants, agreements
and conditions required to be kept and performed by Lessee, and such
default continues 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 at any time after any of the events mentioned above in the method provided in the
preceding paragraph of this lease, and this lease shall terminate as of the date of such
notice. In the event of termination, Lessor may take possession of the demised premise
within ten (10) days after the date of said notice. 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
rental payments shall be and remain the obligation of the Lessee.
SECTION 10. INSPECTIONS AND RIGHT TO ENTER.
Lessor shall have at any reasonable time during business hours, the full and
unrestricted right to enter the leased premises for the purpose of inspection or
maintenance and for the purpose of doing any and all things which it is obligated or has
a right to do under this agreement.
SECTION 11. TAXES.
Lessee shall pay all personal property taxes which may be assessed against
equipment, merchandise, leasehold interests, or other personal property owned or used
by Lessee located on the demised premises.
SECTION 12. SUCCESSORS AND ASSIGNS.
All of the terms, covenants and agreement herein contained shall be binding upon
and shall inure to the benefit of the successors, heirs, executors, administrators and
assigns of the respective parties hereto.
SECTION 13. ASSIGNMENT AND SUBLETTING.
This lease shall not be assigned without prior written consent of Lessor nor shall
said premises or any part thereof be used or permitted to be used for any purpose other
than as provided in this agreement or let or sublet except within the terms of this
agreement and with the express written permission of the City Council of Cape Girardeau,
Missouri. In any such event, Lessee shall remain liable to lessor for the remainder of the
term of this lease to pay to lessor the rental and fees provided for herein upon failure of the
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assignee to pay the same when due. Any subtenant authorized pursuant to this
agreement shall comply with all obligations of Lessee and be entitled to all benefits of
lessee. All use of the premises by lessee or any sub -lessee must be for aviation related
activities only.
SECTION 14. WAR OR NATIONAL EMERGENCY.
During the time of war or national emergency, lessor or Lessee shall have the right
to terminate this lease should the Federal Government assume control and possession of
the premises for military use.
SECTION 15. RIGHTS UPON TERMINATION.
At the termination of this Lease for any reason, Lessor shall be entitled at its option
to have the land demised herein returned to it clear of all fixed improvements which have
been constructed or acquired by Lessee and restored to its original condition. Request for
said removal shall be set forth in writing by Lessor to Lessee within thirty (30) days after
termination of this Lease. If removal is not requested prior to the expiration of such thirty
(30) day period, then Lessee shall have no obligation to remove any such improvements,
but any such improvements not removed within ninety (90) days after termination shall be
the sole and exclusive property of Lessor without cost.
If Lessor requires such removal, Lessee may have ninety (90) days after notice to
remove in which finally to remove any such improvements, and if Lessee fails to remove
said improvements, they may thereafter be removed by Lessor at Lessee's expense.
B. PERSONAL PROPERTY.
Upon termination of this lease, Lessee shall remove all personal property from the
demised premises within ten (10) days after said termination and if Lessee fails to remove
said personal property, said property shall be deemed abandoned and may thereafter be
removed by Lessor at lessee's expense, and disposed of according to lessor's discretion.
C. RIGHTS UPON TERMINATION.
Lessor shall have a lien upon all property, personal or otherwise, of lessee for any
sums due Lessor from Lessee upon termination of this Lease for any cause. Lessor may
sell the same in a commercially reasonable manner as that term is utilized in the Uniform
Commercial Code of Missouri, including the right to sell at public auction upon ten (10)
days notice to Lessee and to the public, which notice may be given by publication of such
notice for five (5) consecutive days in a newspaper of general circulation published in Cape
Girardeau County, Missouri, and Lessor may, upon such sale and after deducting the
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reasonable expense thereof including attorneys' fees, apply the proceeds to any sums due
by Lessee to lessor. Any excess after the payment of all such expenses shall be paid over
by Lessor to Lessee.
SECTION 16. STORAGE.
The parties hereto agree that Lessee will not use or permit the use of any portion
of the premises for outdoor storage of aircraft parts or salvage materials.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed as of the day and year first above written, at Cape Girardeau, Missouri.
ATTEST:
Gayle L. Conrad, City Clerk
ATTEST:
CITY OF CAPE GIRARDEAU, MISSOURI
Michael G. Miller, City Manager
WEB AERO, INC.
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